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pc_10 03 2013sub LITTLE ROCK PLANNING COMMISSION SUBDIVISION HEARING SUMMARY AND MINUTE RECORD OCTOBER 3, 2013 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present there being eight (8) members present. II. Members Present: Tom Brock Keith Cox Janet Dillon J. T. Ferstl Rebecca Finney Keith Fountain Obray Nunnley, Jr. Bill Rector Members Absent: Alan Bubbus Amy Pierce 1 Open Position City Attorney: Cindy Dawson III. Approval of the Minutes of the August 22, 2013 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION SUBDIVISION AGENDA OCTOBER 3, 2013 OLD BUSINESS: Item Number: File Number: Title: A. S-590-F EZ Mart Store #607 Subdivision Site Plan Review, located at 11911 Mara Lynn Road. B. S-720-A EZ Mart Store #611 Replat Lot 8 Berkshire Place Commercial Subdivision, located at 11724 Rainwood Road. C. Z-8869 Pearl Management Short-form PD-R, located at 324 South Schiller Street. D. Z-8194-A TL Addition Short-form PD-R, located on Taylor Loop Road just North of Hinson Road. E. Z-8833-A Massey Short-form PCD, located on the East side of Highway 300, just North of Chenal Parkway. F. Z-8878 Southern Star Concrete, Inc. Long-form PD-I, located at 16101 Alexander Road. NEW BUSINESS: I. PRELIMINARY PLAT: Item Number: File Number: Title: 1. S-502-L Lots 5R and 6R Block 204 Replat John Barrow Addition, located on the Southwest corner of 32nd and Malloy Streets. 2. S-1709 Eason Subdivision Preliminary/Final Plat, located at 8010 Barrett Road. 3. S-1712 Cal Ark Commercial Subdivision Preliminary Plat, located on the Northwest corner of I-30 and Otter Creek Road. Agenda, Page Two II. SITE PLAN REVIEW: Item Number: File Number: Title: 4. S-1710 The Preserve at Aldersgate Subdivision Site Plan Review, located at 1303 and 1310 Aldersgate Road. 5. Z-4336-MM Arkansas Children’s Hospital Zoning Site Plan Review, located on the Southwest corner of Wolfe and 13th Streets. III. PLANNED DEVELOPMENTS: Item Number: File Number: Title: 6. Z-3429-A DDB, Inc. Arkansas Short-form PD-R, located at 1517 and 1521 Cumberland Street. 7. Z-5178-C Lot 1R West Markham Parkway Addition Short-form PCD, located on the Southwest corner of Chenal Parkway and Old Town Road. 8. Z-8490-B Johnson Revised Short-form PD-C, located at 4314 Asher Avenue. 9. Z-8882 SRM Properties Short-form PCD, located at 318 – 324 President Clinton Avenue. IV. OTHER ITEMS: Item Number: File Number: Title: 10. LA-0055 65th Street Timber Harvest Variance Request, located on the Southwest corner of Scott Hamilton and 65th Street. 11. LA-0056 Colonel Glenn Lawson Road Advanced Grading Variance Request, located on the Northwest corner of Colonel Glenn and Lawson Roads. 12. Adoption of the 2014 Planning Commission Calendar October 3, 2013 ITEM NO.: A 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. October 3, 2013 SUBDIVISION ITEM NO.: A (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. October 3, 2013 SUBDIVISION ITEM NO.: A (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. October 3, 2013 SUBDIVISION ITEM NO.: A (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. October 3, 2013 SUBDIVISION ITEM NO.: A (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. STAFF UPDATE: The applicant failed to notify property owners as required by the Commission’s By-laws. Staff recommends deferral of the item to the October 3, 2013, public hearing. PLANNING COMMISSION ACTION: (AUGUST 22, 2013) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had failed to notify property owners as required by the Commission’s By-laws. Staff presented a recommendation of deferral of the item to the October 3, 2013, public hearing. There was no further discussion of the item. The Chair entertained a motion of approval of the item as presented by staff. The motion carried by a vote of 8 ayes, 0 noes and 3 absent. STAFF UPDATE: The applicant has provided notification to the property owners located within 200-feet of the site as required by the Commission’s By-laws. To staff’s knowledge there are no remaining outstanding technical issues associated with the request. Staff continues to recommend 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 requests from Section 36-301(e) to allow the encroachment of the building into the rear yard setback. October 3, 2013 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: S-590-F 6 PLANNING COMMISSION ACTION: (OCTOBER 3, 2013) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff also presented a recommendation of approval of the variance requests from Section 36-301(e) to allow the encroachment of the building into the rear yard setback. 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. October 3, 2013 ITEM NO.: B FILE NO.: S-720-A NAME: EZ Mart Store #611 Replat Lot 8 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 8, 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. October 3, 2013 SUBDIVISION ITEM NO.: B (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. October 3, 2013 SUBDIVISION ITEM NO.: B (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 October 3, 2013 SUBDIVISION ITEM NO.: B (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. STAFF UPDATE: The applicant failed to notify property owners as required by the Commission’s By-laws. Staff recommends deferral of the item to the October 3, 2013, public hearing. October 3, 2013 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: S-720-A 5 PLANNING COMMISSION ACTION: (AUGUST 22, 2013) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had failed to notify property owners as required by the Commission’s By-laws. Staff presented a recommendation of deferral of the item to the October 3, 2013, public hearing. There was no further discussion of the item. The Chair entertained a motion of approval of the item as presented by staff. The motion carried by a vote of 8 ayes, 0 noes and 3 absent. STAFF UPDATE: The applicant submitted a request dated September 18, 2013, requesting withdrawal of this item, without prejudice. Staff is supportive of the withdrawal request. PLANNING COMMISSION ACTION: (OCTOBER 3, 2013) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated September 18, 2013, requesting withdrawal of this item, without prejudice. Staff stated they were supportive of the withdrawal request. There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 8 ayes, 0 noes, 2 absent and 1 open position. October 3, 2013 ITEM NO.: C 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 October 3, 2013 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-8869 2 4th Street enclosing the rear of the property. To the west is vacant R-5 zoned 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. October 3, 2013 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-8869 3 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 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. October 3, 2013 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-8869 4 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 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. October 3, 2013 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-8869 5 STAFF UPDATE: Staff initially supported the request to allow the conversion of the accessory structure into a residential structure but no longer supports the request. Since the filing the applicant has been unresponsive to request by the Zoning Enforcement Division to remove a food truck from the rear yard area and provide paved parking for the tenants of the existing home. The tenant has a number of recreational vehicles on the site which prohibit parking outside the right of way. Staff feels with the additional unit the parking situation will only get worse and feels the request should be denied. PLANNING COMMISSION ACTION: (AUGUST 22, 2013) The applicant was present. There was one registered objector present. The Chair informed the applicant there were eight (8) Commissioners present. The Chair stated it was the Commission’s practice that when fewer than nine (9) Commissioners were present the applicant was offered the option of deferral to a later meeting to allow more members to be present to hear the request. The Chair stated for an item to be approved six (6) positive votes were required. Mr. David Pearlstein requested a deferral of the item. The Chair informed Mr. Pearlstein the item would be deferred to the October 3, 2013, Subdivision Hearing. A motion was made to approve the deferral request. The motion carried by a vote of 8 ayes, 0 noes and 3 absent. STAFF UPDATE: There has been no change to the application request since the previous public hearing. Staff continues to recommend denial of the request. PLANNING COMMISSION ACTION: (OCTOBER 3, 2013) The applicant was present. There were no registered objectors present. The Chair informed the applicant there were eight (8) Commissioners present. The Chair stated it was the Commission’s practice that when fewer than nine (9) Commissioners were present the applicant was offered the option of deferral to a later meeting to allow more members to be present to hear the request. The Chair stated for an item to be approved six (6) positive votes were required. Mr. David Pearlstein requested a deferral of the item. October 3, 2013 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-8869 6 The Chair informed Mr. Pearlstein the item would be deferred to the November 14, 2013, Subdivision Hearing. A motion was made to approve the deferral request. The motion carried by a vote of 8 ayes, 0 noes, 2 absent and 1 open position. October 3, 2013 ITEM NO.: D FILE NO.: Z-8194-A NAME: TL Addition Short-form PD-R LOCATION: Located on Taylor Loop Road just North of Hinson Road DEVELOPER: TLL Developer 12100 Rainwood Road #26 Little Rock, AR 72212 ENGINEER: McGetrick and McGetrick Engineers P.O. Box 30441 Little Rock, AR 72260 AREA: 5.74 acres NUMBER OF LOTS: 31 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family ALLOWED USES: Single-family residential PROPOSED ZONING: PD-R PROPOSED USE: Patio home development VARIANCES/WAIVERS REQUESTED: None requested. The applicant submitted a request dated August 1 requesting deferral of this item to the October 3, 2013, public hearing. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (AUGUST 22, 2013) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated August 1, 2013, requesting deferral of this item to the October 3, 2013, public hearing. Staff stated they were supportive of the deferral request. October 3, 2013 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: Z-8194-A 2 There was no further discussion of the item. The Chair entertained a motion of approval of the item as presented by staff. The motion carried by a vote of 8 ayes, 0 noes and 3 absent. STAFF UPDATE: The applicant failed to notify property owners as required by the Commission’s By-laws. Staff recommends deferral of the item to the November 14, 2013, public hearing. PLANNING COMMISSION ACTION: (OCTOBER 3, 2013) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had failed to notify property owners as required by the Commission’s By-laws. Staff presented a recommendation of deferral of the item to the November 14, 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. October 3, 2013 ITEM NO.: E FILE NO.: Z-8833-A NAME: Massey Short-form PCD LOCATION: Located on the East side of Highway 300, just North of Chenal Parkway DEVELOPER: Jeff Massey 10225 Barret Road Roland, AR 72135 ENGINEER: McGetrick and McGetrick Engineers P.O. Box 30441 Little Rock, AR 72260 AREA: 3.39 acres NUMBER OF LOTS: 2 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family ALLOWED USES: Single-family residential PROPOSED ZONING: PCD PROPOSED USE: Contractor’s Office and Contractor’s Maintenance Yard VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: On January 24, 2013, the Little Rock Planning Commission provided a recommendation of approval of a rezoning request of this site and additional property located to the south of this site to allow the rezoning from R-2, Single-family to PCD. The requested rezoning contained 5.1 acres. The redevelopment of the site consisted of six (6) covered parking areas for recreational vehicles, boats, buses, trailers, etc. along with 60 uncovered parking spaces for this same type of vehicle storage. The item was presented to the Board of Directors on April 16, 2013. The Board of Directors approved the request to rezone the site to PCD. The Mayor vetoed the approval and the rezoning was denied. October 3, 2013 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: Z-8833-A 2 A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The request is to rezone 3-acres located on Highway 300 from R-2, Single-family to PCD, Planned Commercial Development, to allow the creation of two lots and the construction of a building on each lot to be used as a contractor’s office and contractor’s maintenance yard. There will be an area of outdoor storage for contractor’s equipment located within a screened area behind the buildings. The proposal includes the allowance of this area to be graveled and not paved as typically required by City ordinance. The hours of operation are from 6 am to 8 pm six days per week. The property is located outside the City limits of Little Rock but is located within the City’s Extraterritorial Planning Jurisdiction. B. EXISTING CONDITIONS: The property abuts the City limits on the south side. The site contains a non-residential building which was formerly used as a commercial business/truck repair. South of the site there is a single-family home and a beauty salon. The immediate area is primarily residential uses with homes located on large tracts. There are non-residential uses and zoning located north of the site at the intersection of East Pinnacle Road (C-1, Neighborhood Commercial) and West Pinnacle Road (PCD) on the north side. There is undeveloped O-3, General Office District zoned property to the south of this site. Further south is undeveloped C-3, General Commercial District 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 Coalition of West Little Rock Neighborhoods, the Aberdeen Court Property Owners Association and the Duqesne Place Property Owners Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Hwy 300 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 improvements to Hwy 300 including 5-foot sidewalks with the planned development. The new back of curb should be placed 29.5 feet from centerline adjacent to the subject property. October 3, 2013 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: Z-8833-A 3 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. 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. 6. Driveway locations do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The lots must share a single driveway access centered on the property line. The width of driveway must not exceed 36 feet. Driveways are required to be spaced 150 feet from property lines and 300 feet from other driveways. 7. Provide a letter prepared by a registered engineer certifying the sight distance at the intersections comply with 2004 AASHTO Green Book standards. 8. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. AHTD is currently conducting a review of the application pertaining to required street improvements. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Located outside the City limits, City sewer is not available. Provide Septic Certification and/or Approval from the Arkansas Department of Health. Entergy: This plat has been forwarded to Entergy Transmission since the property runs along the north edge of the T-line Easement with parking spaces shown in the easement. There do not appear to be any conflicts with Entergy Distribution. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: 1. All Central Arkansas Water requirements in effect at the time of request for water service must be met. 2. A water main extension will be needed to provide water service to this property. October 3, 2013 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: Z-8833-A 4 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 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 the Little Rock Fire Department is required. 6. Contact Central Arkansas Water regarding the size and location of the water meter. 7. A Capital Investment charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. 8. 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. 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. 10. 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. October 3, 2013 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: Z-8833-A 5 County Planning: 1. Obtain septic approval from AHD and fire department approval from volunteer fire department. 2. Dedicate Right of Way as required to equal one-half of 90 feet (45 feet) from centerline. 3. Obtain driveway permit from Pulaski County Public Works (340-6800). 4. Need to plat lots. 2 new lots are being created. 5. Obtain variance for construction to Master Road Plan standards for Hwy 300. 6. Label easement or Right of Way for overhead power lines. 7. Show front 40' setbacks. 8. Show state plane coordinates for 2 property corners. 9. Show source of title. 10. Tie survey to two section corners. CATA: Approved as submitted. Located on the HWY 10 #25 Pinnacle Mountain Express Route Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Pinnacle Planning District. The Land Use Plan shows Residential Low Density (RL) for this property. This category provides for single family homes at densities not to exceed 6 units per acre. Such residential development is typically characterized by conventional single family homes, but may include patio or garden homes and cluster homes, provided that the density remain less than 6 units per acre. The applicant has applied for a rezoning from R-2 (Single Family District) to PCD (Planned Commercial District) to allow the development of office/warehouse facilities with outdoor storage on the site. Master Street Plan: Highway 300 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 Highway 300 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. October 3, 2013 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: Z-8833-A 6 Bicycle Plan: A Class II Bike Lanes are shown along Highway 300. Bike Lanes provide a portion of the pavement for the sole use of bicycles. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. The property located to the south is zoned residentially. The zoning buffer ordinance would typically require the placement of a 28.86-foot landscape strip adjacent to this site. Seventy percent of the area is to remain undisturbed. Utility easements can not count in computing the depth of the buffer. The parking area and a portion of the building are located within the required land use buffer. 3. Screening will be required along the northern, eastern and southern perimeters where adjacent to residentially zoned and/or used property. 4. A small amount of building landscaping will be required with the development of the site. 5. An automatic irrigation system to water landscaped areas will be required. 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: (August 1, 2013) Mr. Pat McGetrick of McGetrick Engineering was present representing the request. Staff presented an overview of the development stating there were few outstanding technical issues associated with the request. Staff questioned if the storage areas would be graveled or paved. Staff also questioned if there would be dumpsters located on the site and the hours of service of the dumpster facilities. Staff requested Mr. McGetrick provide the proposed construction materials for the buildings. Public Works comments were addressed. Staff stated a dedication of right of way was required along Highway 300 to 45-feet from centerline. Staff also stated the City’s Stormwater Detention Ordinance would apply to the development of the site and requested Mr. McGetrick show the proposed location of the detention facilities on the site plan. Staff stated the Highway Department was reviewing the request to determine if street improvements would be required. Landscaping comments were addressed. Staff stated a street buffer was required along Highway 300 with an average depth of 28.8 square feet. Staff stated screening was required along the northern, southern and eastern October 3, 2013 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: Z-8833-A 7 perimeters. Staff also stated an automatic irrigation system would be required to water landscaped 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. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing a number of the issues raised at the August 1, 2013, Subdivision Committee meeting. The revised plan indicates the placement of a single drive shared between the two lots. The Arkansas Highway and Transportation Department has indicated no boundary street improvements to Highway 300 will be required. AHTD indicates there is a concern with sight distance. The Engineer has certified there is ample sight distance from the relocated driveway and he will verify with AHTD prior to construction. The revised site plan includes a dumpster location for each of the individual lots and a note indicating the hours of dumpster service would be limited to daylight hours. The business hours of operation are from 6 am to 8 pm six (6) days per week. The detention areas have been indicated on the site plan. The request is to rezone 3-acres from R-2, Single-family to PCD, Planned Commercial Development, to allow the creation of two lots and the construction of a building on each lot to be used as a contractor’s office and contractor’s maintenance yard. Tract 1 is indicated containing 1.48 acres and Tract 2 containing 1.91 acres. The property is located outside the City limits of Little Rock but is located within the City’s Extraterritorial Planning Jurisdiction. Since the property is located outside the City limits the development will not be allowed to connect to City sewer. The applicant has indicated septic systems will be provided for each of the individual lots. The applicant states prior to construction of the building, septic approval from the Arkansas Department of Health will be obtained. The building located on Tract 1 contains 5,000 square feet with 11 parking spaces. The building located on Tract 2 contains 10,000 square feet and 21 parking spaces. The site plan indicates an area of outdoor storage on each of the lots for storage of contractor’s equipment and materials. The area will be screened with a six (6) foot opaque screening fence and located behind the buildings. October 3, 2013 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: Z-8833-A 8 The developer proposes the areas of storage will be graveled. Section 36-508 states all areas subject to wheeled traffic are to be paved. The applicant has indicated paving materials will not hold up to the machinery to be placed within this area. The applicant is requesting to be allowed to place a hard packed gravel within the storage area. Signage has not been indicated on the site plan. Staff recommends, if approved, signage is limited to signage allowed in office zones or a maximum of six (6) feet in height and sixty-four (64) square feet in area. Building signage should be limited to ten (10) percent of the façade area abutting the public street. The buildings are proposed as single story buildings constructed with a residential appearance. The maximum building height proposed is 25-feet. The roof will be constructed of standing seam metal or with asphalt shingles. The front exterior of the buildings will be wood, brick, stucco or stone or a combination of materials. The applicant is requesting to use vinyl or metal siding on the sides and rear of the buildings. There will be overhead doors on the rear of the buildings to allow access into the building for storage of equipment or materials. Staff is not supportive of the proposed rezoning of the site to allow the use of the property for a contractor’s office and contractor’s maintenance yard. Staff does not feel this site is appropriate for the contractor’s office and contractor’s maintenance yard. The Land Use Plan shows Residential Low Density (RL) for this property. The area is developed primarily as residential with single-family homes located on large tracts. Just to the south is an area shown on the City’s Future Land Use Plan as Office and Multi-family. Staff feels the outdoor storage aspect of this development is too intense for this area. I. STAFF RECOMMENDATION: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (AUGUST 22, 2013) The applicant was present. There were no registered objectors present. The Chair informed the applicant there were eight (8) Commissioners present. The Chair stated it was the Commission’s practice that when fewer than nine (9) Commissioners were present the applicant was offered the option of deferral to a later meeting to allow more members to be present to hear the request. The Chair stated for an item to be approved six (6) positive votes were required. October 3, 2013 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: Z-8833-A 9 Mr. Pat McGetrick requested a deferral of the item. The Chair informed Mr. McGetrick the item would be deferred to the October 3, 2013, Subdivision Hearing. A motion was made to approve the deferral request. The motion carried by a vote of 8 ayes, 0 noes and 3 absent. PLANNING COMMISSION ACTION: (SEPTEMBER 19, 2013) There has been no change to the application request since the previous public hearing. Staff continues to recommend denial of the request. PLANNING COMMISSION ACTION: (OCTOBER 3, 2013) Mr. Pat McGetrick and Mr. Jeff Massey were present representing the request. There was one registered objector present. Staff presented the item with a recommendation of denial. Mr. McGetrick stated he was the engineer for the project. He stated the applicant had agreed to pave the rear parking area which was an amendment to the original application filed. He stated there would be limited outdoor storage of equipment. He stated there would be no materials stored outdoors. He stated the request was to allow the development of the site with two buildings. He stated the buildings would be residential in character and style. He stated the developer would place an 8-foot fence around the storage area. He stated the development would comply with the typical standards of the ordinances including landscaping. Mr. Massey stated his home was in this area. He stated he felt the development of an office use on the site was a good fit. He stated there was a power transmission line running along the sites southern perimeter and he did not feel the site would develop as residential. He stated his business was small and there were four to five employees. He stated he did not own a huge amount of equipment. Ms. Ruth Bell, League of Women Voters, addressed the Commission in opposition to the request. She stated the League was concerned with the open display aspect of the request. She stated she felt the placement of the use was more suitable for an open display area and not with a residential area. She stated she was also concerned with the placement of an 8-foot fence. She also questioned if an 8-foot fence would in fact screen the applicant’s equipment. She stated she did not feel the use was appropriate for an area which was redeveloping as residential. October 3, 2013 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: Z-8833-A 10 Mr. Massey stated there was no open display with his business. He stated all the equipment would be screened from Highway 300. He provided the Commission with concept photos of the proposed building design. He stated the building would be craftsman style and constructed of materials compatible was residential home building. There was a general discussion by the Commission concerning the request and the placement of equipment within the rear of the building. The Commission questioned Mr. Massey if he was amending his request to place the paving within the rear of the building. Mr. Massey stated he was amending his request to commit to paving the site as typically required by City ordinance. The Commission questioned staff if the original application included outdoor storage of materials. Staff stated there was no mention of outdoor storage of materials in the original application. A motion was made to approve the request as amended including all staff recommendations and comments except that of denial. The motion carried by a vote of 7 ayes, 1 no, 2 absent and 1 open position. October 3, 2013 ITEM NO.: F FILE NO.: Z-8878 NAME: Southern Star Concrete, Inc. Long-form PD-I LOCATION: Located at 16101 Alexander Road DEVELOPER: Southern Star Concrete, Inc. 16101 Alexander Road Little Rock, AR 72209 ENGINEER: William D. Ford, PE PMI Engineers 3512 S. Shackleford Road Little Rock, AR 72205 AREA: 12.47 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family, Non-conforming concrete plant ALLOWED USES: Concrete plant PROPOSED ZONING: PD-I PROPOSED USE: Recognized existing use VARIANCES/WAIVERS REQUESTED: None requested. Staff has had no contact with the applicant since the initial filing. The applicant was not present at the August 1, 2013, Subdivision Committee meeting. Staff recommends deferral of this item to the October 3, 2013, public hearing. PLANNING COMMISSION ACTION: (AUGUST 22, 2013) The applicant was not present. There were no registered objectors present. Staff presented the item stating there had been no contact with the applicant since the initial filing. Staff stated the applicant was not present at the August 1, 2013, Subdivision Committee meeting. Staff presented a recommendation of deferral of this item to the October 3, 2013, public hearing. October 3, 2013 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: Z-8878 2 There was no further discussion of the item. The Chair entertained a motion of approval of the item as presented by staff. The motion carried by a vote of 8 ayes, 0 noes and 3 absent. STAFF UPDATE: The applicant appeared before the Subdivision Committee at their September 11, 2013, meeting. At the Subdivision Committee meeting the applicant provided a survey of the property which indicates the vast majority of the property is located within the floodway. The remainder of the property is located within the floodplain. Per City Code 36-341(h)(2)(d), floodway encroachments including fences, structures, open storage of materials, equipment, fill, vehicle parking, and other impediments are prohibited. Section 36-341(h)(1) states existing structures lying within a floodplain district and completed at the time of the adoption of the zoning ordinance or for which a building permit has been issued shall be deemed a legal nonconforming structures. All such structures may be repaired, improved or strengthened provided no construction will be permitted which will enlarge the foundation area of the structure within the floodplain; increase the bulk of the building or structure below the on-hundred-year flood level or enlarge the surface area perpendicular to the direction of flow of the watercourse to which the floodway relates. Based on the property being located within the floodway the City cannot rezone the property. The business can continue to operate as a legal non-conforming use. Staff recommends the application for the rezoning to PD-I be withdrawn. PLANNING COMMISSION ACTION: (OCTOBER 3, 2013) The applicant was present. There were no registered objectors present. Staff presented the item stating based on the property being located within the floodway the City could not rezone the property. Staff stated the business could continue to operate as a legal non-conforming use. Staff presented a recommendation the application for the rezoning to PD-I be withdrawn. 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. October 3, 2013 ITEM NO.: 1 FILE NO.: S-502-L NAME: Lots 5R and 6R Block 204 Replat John Barrow Addition LOCATION: Located on the Southwest corner of 32nd and Malloy Streets DEVELOPER: Raymond Weldon P.O. Box 242507 Little Rock, AR 72223 SURVEYOR: Brooks Surveying 20820 Arch Street Pike Hensley, AR 72065 AREA: 0.25 acres NUMBER OF LOTS: 2 FT. NEW STREET: 0 LF CURRENT ZONING: R-3, Single-family PLANNING DISTRICT: 10 – Boyle Park CENSUS TRACT: 24.08 VARIANCE/WAIVERS: A variance from Section 31-232(a) to allow a reduced lot depth. A variance from Section 36-254 to allow a reduced setback adjacent to Malloy Street. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The request is allow a replat of two existing lots within the John Barrow Subdivision. The lots are currently platted fronting Malloy Street. The applicant is proposing to turn the lots to front West 32nd Street. The lots will have a 90-foot depth and a 67-foot width. The lots will be developed utilizing setbacks per the R-3, Single-family Zoning District. October 3, 2013 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-502-L 2 B. EXISTING CONDITIONS: This section of Malloy Street is characterized primarily single-family homes located on 50-foot by 140-foot lots. The homes from West 29th Street south to West 36th Street primarily front onto the named streets. West of the site a number of new homes have been constructed on Holt Street. East of the site on Ludwig Street several new duplexes have been constructed. The streets in this area do include curb and gutter but no sidewalks are in place. C. NEIGHBORHOOD COMMENTS: As of this writing, staff not has received any comment from area residents concerning the proposed request. All abutting property owners along with the John Barrow Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. West 32nd Street is classified on the Master Street Plan as a residential street. A dedication of right-of-way 25 feet from centerline will be required as shown on replat. 2. Malloy Street is classified on the Master Street Plan as a residential street. A dedication of right-of-way 25 feet from centerline will be required as shown on replat. 3. A 20 foot radial dedication of right-of-way is required at the intersection of West 32nd Street and Malloy Street as shown on the replat. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required with easements to serve Lot 5R. Contact Little Rock Wastewater for additional information. Entergy: There are no existing Entergy facilities on this corner. Contact Entergy at the time service is required and any easement to the service location will be determined at that time. Front lot line is normally required. Center-Point Energy: No comment received. AT & T: No comment received. October 3, 2013 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-502-L 3 Central Arkansas Water: 1. All Central Arkansas Water requirements in effect at the time of request for water service must be met. 2. There is no water main in 32nd Street to provide service to Lot 5R. 3. A water main extension will be needed to provide water service to this property. 4. Please submit plans to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities. Approval of plans by Central Arkansas Water, the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. 5. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. 6. Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain additional information regarding the required placement of hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). 7. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. Fire Department: Place fire hydrant(s) per code. Maintain access. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: Site is located two (2) blocks from the new #9 John Barrow and four (4) blocks from #3 Baptist Medical Center bus routes. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: No comment. October 3, 2013 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-502-L 4 G. SUBDIVISION COMMITTEE COMMENT: (September 11, 2013) The applicant was present. Staff presented an overview of the request stating there were few outstanding technical issues associated with the request. Staff stated the plat would require a 25-foot platted building line along the abutting streets. Public Works comments were addressed. Staff stated West 32nd and Malloy Streets were classified on the Master Street Plan as a residential street and would require a right of way dedication to 25-feet from centerline. Staff also stated a radial dedication was required at the intersection of the two (2) streets. 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 did not provide a revised plat to staff addressing all of the issues raised at the September 11, 2013, Subdivision Committee meeting. The applicant has indicated at the time of final platting a revised plat will be provided to include the 25-foot platted building line along West 32nd Street. The request is to allow a replat of two existing lots within the John Barrow Subdivision. The lots are currently platted fronting Malloy Street. The applicant is proposing to turn the lots to front West 32nd Street. The lots will have a 90-foot depth and a 67-foot width with a 6,030 square foot lot area. The applicant is requesting to develop the lots with 25-foot front and rear yard setbacks. The applicant is requesting a 5-foot side yard setback including the side yard along Malloy Street. Staff is not supportive of allowing a 5-foot side yard setback along Malloy Street. Staff is however supportive of allowing the setback along Malloy Street to be reduced from the typically required 25-feet to 20-feet. Although staff is generally supportive of the applicant’s request, staff is not in full support based on the requested side yard setback along Malloy Street. Although the home located to the west of this site fronts on West 32nd Street, the majority of the homes located in this area have a front yard relationship to Malloy Street and not the numbered street (West 32nd Street). In staff’s opinion the placement of the home with a 5-foot setback on Malloy Street is out character with the remainder of the homes in this area of the neighborhood. October 3, 2013 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-502-L 5 I. STAFF RECOMMENDATION: Staff recommends denial of the request as filed. PLANNING COMMISSION ACTION: (OCTOBER 3, 2013) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of denial. Mr. Raymond Weldon addressed the Commission on the merits of his request. He stated his goal was to construct two (2) new homes in the John Barrow Neighborhood. He stated he felt the lots and homes would be more marketable if the lots were turned to face West 32nd Street. He stated the request was to allow a 25-foot front and rear yard setback and a 5-foot side yard setback including the side along Malloy Street. He stated presently the ordinance required him to place a 25-foot setback on Malloy Street which would then allow the rear yard to be reduced to 8-feet. He stated he did not feel he could sell a home with such a small rear yard. He stated currently the ordinance would allow him to place a 5-foot side yard setback on West 32nd Street. He stated the request was to move the 5-foot setback to Malloy Street instead of West 32nd Street. There was a general discussion by the Commission of the existing homes in the area and the existing setbacks. Mr. Weldon stated a number of the homes on Malloy Street were set at 5 to 10-feet. He stated there were few if any homes set at 25-feet from the property line. The Commission questioned staff as to their opposition to the request. Staff stated all the new homes were being constructed to meet the typical ordinance standards. Mr. Weldon stated the corner lots were difficult to develop when the City required the 25-foot setbacks on both street sides. The Commission question if it was a correct statement that currently he would be allowed to place the home 5-feet from West 32nd Street. Staff stated this was a correct statement. A motion was made to approve the request including all staff recommendations and comments except that of denial. The motion carried by a vote of 7 ayes, 1 no, 2 absent and 1 open position. October 3, 2013 ITEM NO.: 2 FILE NO.: S-1709 NAME: Eason Subdivision Preliminary/Final Plat LOCATION: Located at 8010 Barrett Road DEVELOPER: Charles G. Eason 8010 Barrett Road Roland, AR 72135 ENGINEER: Laha Engineering 6602 Baseline Road, Suite E Little Rock, AR 72209 AREA: 8.16 acres NUMBER OF LOTS: 4 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family PLANNING DISTRICT: 29 - Barrett CENSUS TRACT: 42.01 VARIANCE/WAIVERS: A variance from Section 31-231 to allow the creation of Tract 3W as a lot without public street frontage. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The request is to allow the subdivision of 8.16 acres into four (4) lots. The property was previously deeded to the children of the Eason family. The approval will recognize the lots as previously deeded to the children. Tracts 1 and 2 are proposed containing 2.79 acres. Tract 3W contains 1.29 acres and Tract 3E contains 1.29 acres. Lot 3W is indicated as a lot without public street frontage which requires a variance from Section 31-231. A 50-foot access and utility easement is indicated from Barrett Road to serve the Tract. October 3, 2013 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1709 2 B. EXISTING CONDITIONS: The property is located outside the City Limits within the City’s Extraterritorial Planning Jurisdiction. This area of the County has developed with homes on acreage. To the south of this site along Cantrell Road is a commercial node containing a non-residential building which was most recently a church, a general merchandise store and an office-warehouse. Barrett Road is constructed with open ditches for drainage and no curb, gutter or sidewalk. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents concerning the proposed request. All abutting property owners along with the Coalition of West Little Rock Neighborhoods were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Barrett 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. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Outside the service boundary. Provide septic certification from the Arkansas Department of Health for the proposed lots. Entergy: Entergy does not object to the subdivision as proposed. An existing power line runs on the east side of Barrett Road. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: 1. Central Arkansas Water does not have a water main in Barrett Road; water could possibly be obtained from Maumelle Water Corporation. 2. A water main extension will be required to provide water service to this property from Highway 10. October 3, 2013 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1709 3 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. All Central Arkansas Water requirements in effect at the time of request for water service must be met. 5. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer’s expense. 6. Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and the Little Rock Fire Department is required. 7. Contact Central Arkansas Water regarding the size and location of the water meter. 8. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. Fire Department: Provide a letter from the area volunteer fire department concerning the proposed plat request. The letter should include their knowledge of the proposed plat and their ability to serve the future lots. Place fire hydrant(s) per code. Maintain access. Contact the Little Rock Fire Department for additional information. County Planning: 1. Show vicinity map. 2. Show Source of Title. 3. Show State Plane Coordinates for two corners (minimum). 4. Show FEMA flood panel number and obtain Flood Development Permit is located in Flood Hazard Area. 5. Dedicate Right of Way on west side of Barrett Road to equal ½ of 70-foot (35- feet required). October 3, 2013 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1709 4 6. Obtain Arkansas Department of Health approval for unoccupied lots prior to construction. 7. Show building setback line. 8. Obtain driveway permits from Pulaski County Public Works for any new driveways. CATA: Out of service area – nearest Express route bus stop located 3-miles away. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (September 11, 2013) The applicant was present. Staff presented an overview of the development stating there were additional items necessary to complete the review process. Staff requested the applicant provide a revised preliminary plat indicating the source of title of the land owners, the source of water supply and the means of wastewater disposal. Staff also requested the proposed plat indicate a 30-foot platted building line along Barrett Road. Public Works comments were addressed. Staff stated a dedication of right of way was required along Barrett Road. Staff stated since the County requirement was more stringent than the City requirement the required dedication would be 35-feet from centerline. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant provided a revised preliminary plat to staff addressing issues raised at the September 11, 2013, Subdivision Committee meeting. The revised plat indicates a 30-foot platted building line along Barrett Road, the source of title of the landowners, the source of water and the means of wastewater disposal. October 3, 2013 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1709 5 The request is to allow the subdivision of 8.16 acres into four (4) lots to allow transfer of ownership to the children and grandchildren of the Eason family. Lots have been previously deeded to the children. The approval of the plat will recognize the previous deeded property which has created an illegal subdivision. Tracts 1 and 2 are proposed containing 2.79 acres. Tract 3W contains 1.29 acres and Tract 3E contains 1.29 acres. The applicant is proposing the source of water from Maumelle Water Corporation which currently serves the area. The applicant will provide septic certification for the lots prior to any new construction on the individual lots. Lot 3W is indicated as a lot without public street frontage which requires a variance from Section 31-231. A 50-foot access and utility easement is indicated from Barrett Road to serve the Tract. Staff is supportive of the lot and variance as proposed. Staff is supportive of the proposed preliminary plat and the associated variance to allow the creation of one (1) lot without public street frontage. Staff does not feel the creation of the four (4) lot plat to recognize the previously deeded property will have a significant impact on the area. To staff’s knowledge there are no outstanding technical issues associated with the request. Staff feels the subdivision as proposed is appropriate. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends approval of the variance request from Section 31-231 to allow the creation of Lot 3W as a lot without public street frontage. PLANNING COMMISSION ACTION: (OCTOBER 3, 2013) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff also presented a recommendation of approval of the variance request from Section 31-231 to allow the creation of Lot 3W as a lot without public street frontage. October 3, 2013 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1709 6 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. October 3, 2013 ITEM NO.: 3 FILE NO.: S-1712 NAME: Cal Ark Commercial Subdivision Preliminary Plat LOCATION: Located on the Northwest corner of I-30 and Otter Creek Road DEVELOPER: Professional Property LLC 11125 Arcade Street, Suite A Little Rock, AR 72212 ENGINEER: White-Daters and Associates Tim Daters 24 Rahling Circle Little Rock, AR 72223 AREA: 16.0065 acres NUMBER OF LOTS: 5 FT. NEW STREET: 0 LF CURRENT ZONING: C-4, Open Display District PLANNING DISTRICT: 16 – Otter Creek CENSUS TRACT: 41.03 VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The request is to allow the subdivision of 16.0 acres into five (5) commercial lots. The lots are proposed with frontage on Otter Creek Road or the I-30 Access Road. The average size of the lots is 400-feet by 500-feet or 4.59 acres. The lots are proposed to develop per the C-4, Open Display Zoning District with regard to setbacks. B. EXISTING CONDITIONS: The property is located on the I-30 Frontage Road at the intersection of Otter Creek Road and Natural Drive. The site is currently being used by a trucking company. On the site there is an office, scales and a repair garage. To the north October 3, 2013 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-1712 2 is a recently constructed truck stop and currently under construction are the Bass Pro Shop and a bank. To the west of the site is a large area of floodway and further west is a large church. South of the site across I-30 are office-warehouse uses including two sign companies and a former grocery warehouse which has been purchased by Cal-Ark and is being used as their administrative office. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents concerning the proposed request. All abutting property owners along with the Alexander Road Neighborhood Association, the Otter Creek Homeowners Association and Southwest Little Rock United for Progress were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvements to these streets including 5-foot sidewalks, curb, and gutter with the planned development. Otter Creek Road is to be improved to provide a center turn lane, two (2) east bound through lanes, and a right turn lane onto Natural Drive accessing the I-30 Frontage Road. The right turn lane will provide 250 feet of stack space and a 150 foot taper. No improvements or widening is required to Natural Drive onto the I-30 Frontage Road. 2. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). 3. 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. At the time of development, stormwater detention ordinance applies to this property. 5. 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. 6. A special Grading Permit for Flood Hazard Areas will be required per Section 8-283 prior to construction. October 3, 2013 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-1712 3 7. 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 on all the proposed lots. 8. 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. 9. A substantial area of the site lies within the regulated floodway and floodplain. The existing structures within the floodway should be removed. No future construction of any structures in the floodway. Improvements to the interior of existing structures in the floodplain over 50% of the market value of the structure will require those structures to comply with the current floodplain regulations found in Chapter 13 of City of Little Rock Code of Ordinances. 10. Right-of-way appears to be sufficient for required improvements. 11. Streetlights are required by Section 31-403 of the Little Rock Code of Ordinances. 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. Provide a letter prepared by a registered engineer certifying the sight distance at the intersections comply with 2004 AASHTO Green Book standards. 13. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The width of driveway must not exceed 36 feet. The proposed western driveway creates turning conflicts with the driveway on the north side of Otter Creek Road. The proposed eastern driveway is within the intersection and should be removed. 14. AHTD provided the following comments: - no driveways can be located within the proposed right turn lane of Otter Creek Road; - impacts to roadways and recommended mitigation cannot be determined with reasonable accuracy; - the additional eastbound lane on Otter Creek Road would operate as a through lane and not as a right turn lane; - the additional through lane would require modifications of the adjacent signalized intersection to provide two (2) east bound through lanes through the intersection; and - the proposed driveways on the I-30 Frontage Road should be consolidated but no additional information can be provided until more information is known about the specific businesses being proposed. October 3, 2013 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-1712 4 E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required with easements for this project. Contact Little Rock Wastewater for additional information. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: 1. All Central Arkansas Water requirements in effect at the time of request for water service must be met. 2. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer’s expense. 3. Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and the Little Rock Fire Department is required. 4. Contact Central Arkansas Water regarding the size and location of the water meter. 5. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. 6. 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. 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 October 3, 2013 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-1712 5 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. CATA: Site directly served by the #23 Baseline/Southwest route. Current stops located at Otter Creek and T-Bar (SE Corner) and at I-30 Frontage at driveway to Cal-Ark. CATA recommends a bus pullout with shelter pad be constructed and placed at either of the two (2) existing bus stops. Pulaski Tech South has constructed (good example) a pullout and pad along frontage road for CATA. Contact CATA for additional information. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (September 11, 2013) The applicant was present representing the request. Staff presented an overview of the development stating there were additional items necessary to complete the review process. Staff requested the applicant provide the platted building lines, provide the names of owners of unplatted tracts in excess of 2 ½ acres abutting the plat area and provide the source of title of the owner. Staff also requested the applicant provide the entirety of the applicant’s ownership on the proposed plat. Mr. White stated the portion of the land area the current owner was retaining exceeded five (5) acres which was not considered a subdivision under the City’s Subdivision Ordinance. October 3, 2013 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-1712 6 Public Works comments were addressed. Staff stated Otter Creek Road was to be improved to provide a center turn lane, two east bound through lanes and a right turn lane onto Natural Drive accessing the I-30 Frontage Road. Staff also stated the right turn lane should provide 250-feet of stack and a 150-foot taper. Staff stated floodways were to be shown as a floodway easement or be dedicated to the public. Staff also stated a 25-foot access easement was required adjacent to the floodway. Staff stated the Arkansas State Highway Department (AHTD) had review the proposed plat with regard to driveway locations. Staff stated the drives on the I-30 Frontage Road were to be consolidated. Staff stated prior to any development of the property a grading permit would be required. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised preliminary plat to staff addressing the issues raised at the September 11, 2013, Subdivision Committee meeting. The revised plat includes building lines, names of owners of unplatted tracts in excess of 2 ½ acres abutting the plat area and provides the source of title of the owner. The applicant has reviewed the driveway placement with AHTD. AHTD will provide approval for the placement of driveways on the I-30 Frontage Road prior to the issuance of a final plat for the lots. The request is to allow the subdivision of 16.0 acres into five (5) commercial lots. The lots are proposed with frontage on Otter Creek Road or the I-30 Access Road. The lots are indicated with a 45-foot platted building line adjacent to the abutting streets. A note on the plat indicates side and rear yard setbacks will comply with the zoning district. The average size of the lots is 400-feet by 500-feet or 4.59 acres. The ordinance states the minimum lot area within the C-4, Open Display Zoning District is 14,000 square feet. The lots as indicated are more than adequate to meet this minimum standard. The lots will be final platted as the market demands. The applicant, staff and AHTD are continuing to review the request for the addition of the right turn lane and the placement of the driveway on Otter Creek Road. Staff will provide an update to the Commission and a recommendation for this item at the October 3, 2103, public hearing. October 3, 2013 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-1712 7 I. STAFF RECOMMENDATION: Staff recommendation forthcoming. PLANNING COMMISSION ACTION: (OCTOBER 3, 2013) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had agreed to comply with the conditions as set-forth within the staff write-up. Staff stated at the time of development the applicant would work with AHTD to determine driveway placement on the I-30 Frontage Road. Staff stated in addition the applicant and staff would review the placement of the right turn lane and driveway placement on Otter Creek Road at the time of final platting. Staff stated they were supportive of the applicant’s request. Staff presented a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 8 ayes, 0 noes, 2 absent and 1 open position. October 3, 2013 ITEM NO.: 4 FILE NO.: S-1710 (Z-4403-I) NAME: The Preserve at Aldersgate Subdivision Site Plan Review/Short-form PD-R LOCATION: Located at 1303 and 1310 Aldersgate Road DEVELOPER: Universal Housing Group, LLC P.O. Box 241667 Little Rock, AR 72223 ENGINEER: McGetrick and McGetrick Engineers P.O. Box 30441 Little Rock, AR 72260 AREA: 2.0 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: MF-24 PLANNING DISTRICT: 11 - I-430 CENSUS TRACT: 24.08 VARIANCE/WAIVERS: A variance from Section 36-522(a)(3) to allow the street buffer along I-430 less than the 30-foot minimum requirement. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The request is to allow a rezoning to PD-R for property located in the 1300 Block of Aldersgate Road. The site contains 2.0 acres and is currently zoned MF-24. The developer is proposing to build three (3) buildings of multi-family housing. Two of the buildings are proposed with 12-units and one is proposed with 24-units. The proposal includes the construction of a 2,080 square foot clubhouse with a pool. The buildings are proposed three-stories in height. The survey provided by the applicant indicates the ownership to the centerline of Aldersgate Road. It was determined during the Subdivision Committee review the application should be amended from a site plan review to a Planned October 3, 2013 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: S-1710 (Z-4403-I) 2 Development Residential to allow for the density as proposed with the available land area once the right of way was dedicated to the public. B. EXISTING CONDITIONS: The property is located on the West side of Aldersgate Road just south of Kanis Road and abutting to I-430. There is a single-family home with a pool located on the site. This section of Aldergate Road is currently redeveloping with office and residential uses. Across Aldersgate is a medical office/rehab clinic which has completed the street improvements to Aldersgate Road including curb, gutter and sidewalk. South of the site, also on the east side of Aldersgate Road, are three (3) office buildings which have also completed street improvements to Aldersgate Road. Immediately south of the site is a property zoned POD which was approved to allow the use of one of the structures on the site for the sale of oriental rugs. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents concerning the proposed request. All property owners located within 200-feet of the site along with the John Barrow Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to the streets including 5-foot sidewalk with the planned development. The new back of curb should be 31-feet from the back of curb on the east side of the street. 2. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 3. Aldersgate 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. 4. Stormwater detention ordinance applies to this property. 5. 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. October 3, 2013 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: S-1710 (Z-4403-I) 3 6. All driveways shall be concrete aprons per City Ordinance. 7. Erosion controls must be installed to reduce discharge of polluted stormwater. 8. Damage to public and private property due to hauling operations or operation of construction related equipment from a nearby construction site shall be repaired by the responsible party prior to issuance of a certificate of occupancy. 9. Per City Code, chlorinated pool water cannot be discharged into the City of Little Rock stormwater drainage. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required with easements for this project. Capacity Contribution Analysis required for all multi-family projects. Contact Little Rock Wastewater for additional information. Entergy: Approved as submitted. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: 1. All Central Arkansas Water requirements in effect at the time of request for water service must be met. 2. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer’s expense. 3. Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and the Little Rock Fire Department is required. 4. Contact Central Arkansas Water regarding the size and location of the water meter. October 3, 2013 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: S-1710 (Z-4403-I) 4 5. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. 6. 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. 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. CATA: Located directly on the #3 Baptist bus route off Kanis Road. 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 requirement. October 3, 2013 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: S-1710 (Z-4403-I) 5 2. Street trees and shrubs will be required per Chapter 15, the Landscape Ordinance, to screen the parking area along Aldersgate Road. 3. An automatic irrigation system to water landscaped areas will be required. 4. Prior to the issuance of a building permit, it will be necessary to provide landscape plans stamped with the seal of a registered landscape architect. 5. 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) square feet in area to qualify and be seven and one half (7 ½) feet in width. 6. A small amount of building landscaping will be required. 7. The Zoning Ordinance requires a street buffer along I-430 of a minimum of 30-feet. The plan appears to encroach into the required buffer area. G. SUBDIVISION COMMITTEE COMMENT: (September 11, 2013) The applicant was present representing the request. Staff presented an overview of the development stating there were additional items necessary to complete the review process. Staff requested the applicant provide the building height for the new construction. Staff stated the setbacks from the perimeter property lines was to equal the height of the proposed buildings. Staff requested information concerning the construction materials of the proposed buildings including the proposed dumpster screening. Staff noted the dumpster was indicated within the front setback along Aldersgate Road. Staff stated there were variances associated with the request including a reduced number of parking spaces and an encroachment into the 30-foot landscape strip which was required along I-430. Staff stated there would also be a variance to allow a reduced setback from the northern, western and southern perimeters. Public Works comments were addressed. Staff stated street improvements to Aldersgate Road would be required with the development of the site. Staff stated the new back of curb should be 31-feet from the back of curb on the east side of the street. Staff stated the City’s Stormwater Detention Ordinance would apply to the development of the site. Staff also stated no chlorinated pool water could be discharged into the City’s stormwater drainage system. Landscaping comments were addressed. Staff stated a landscape plan stamped with the seal of a registered architect would be required at the time of building permit. Staff also stated an automatic irrigation system would be required to water landscaped areas on the site. Staff noted a minimum of eight percent (8%) of the interior paved area was to be landscaped with islands a minimum of 150-square feet in area would be required. Staff also noted the street buffer October 3, 2013 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: S-1710 (Z-4403-I) 6 along Aldersgate Road as indicated was acceptable to meet the minimum requirement of the City’s Landscape and Buffer Ordinances. Staff noted the property description described the property to the centerline of Aldersgate Road. Staff stated based on the legal description the site did contain 2.0-acres but once the right of way was dedicated the lot would contain 1.688 acres which would result in a density of 28.4 units per acre. Staff stated the application should be amended to a Planned Development (PD-R) to allow the development of the multi-family as proposed. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan and cover letter to staff addressing the issues raised at the September 11, 2013, Subdivision Committee meeting. The application request has been amended to a Planned Development Residential to allow the development at the density proposed by the applicant once the right of way is dedicated to the City. The site contains 2.0 acres but once the right of way is dedicated the lot will contain 1.69 acres which results in a density of 28.4 units per acre. The developer is proposing to build three (3) buildings of multi-family housing. Two of the buildings are proposed with 12-units and one is proposed with 24-units. The proposal includes the construction of a 2,080 square foot clubhouse with a pool. The buildings are proposed three-stories in height with a maximum building height of 40-feet. The request includes a reduction in the number of parking spaces typically required to serve the development. The site plan indicates 67-spaces. The ordinance would typically require the placement of 1 ½ spaces per unit or a total of 72 parking spaces. The applicant has indicated up to 50 percent of the parking spaces will be covered. The request also includes a variation from Section 36-522(a)(3) which states, Street buffers shall be a minimum of thirty (30) feet in width when abutting an expressway except within the mature area. The plan indicates portions of the buffer along I-430 reduced to 15-feet near the northwest portion of the site. The pool is also proposed within the 30-foot buffer along I-430. Within the buffer area the applicant is proposing to provide up to 1 ½ times the amount of landscaping typically required in this area to off-set the encroachment. October 3, 2013 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: S-1710 (Z-4403-I) 7 The units are proposed with a maximum building height of 40-feet. The MF-24 zoning district typically requires the interior yard setback to be equal to the height of the building. The building setback along the north and south perimeters is 15-feet. The setback along I-430 is reduced to 15-feet along the northwestern portion of the development. The applicant has indicated the development is an upscale, luxury community with unit sizes and amenities comparable to similar developments in the area. The yard setbacks are reduced to accommodate these features. The applicant has indicated a commitment to provide additional trees and larger size greenery than the amount typically required by City ordinance. The total building area is approximately 65,592 square feet. The total building coverage is approximately 23,536 square feet. The proposed clubhouse amenities include a guest lounge, fitness center, business center, poolside grill(s) and theatre room. The request is for signage not to exceed six (6) feet in height and 85 square feet in area. The applicant has indicated berming may be used to elevate the sign for visibility. The construction is proposed in two (2) phases. The proposed construction materials consist of a combination hardi-plank/board, brick and/or stone. The proposed roofing material is asphalt architectural shingles and the roof pitch is approximately 6:12. The proposed dumpster screening will be of similar exterior materials as the development’s main buildings and/or clubhouse. The dumpster enclosure is proposed with a durable gate made of iron or steel. The perimeter fencing is proposed as decorative iron/vinyl and approximately six (6) feet in height located around the sites perimeters. Staff has concerns with the development as proposed. The development is proposed as two (2) bedroom two (2) bath units with 1,000 – 1,200 square feet. Based on the unit size and number of bedrooms staff does not feel the parking will be adequate to serve the development. In addition the street buffer along I- 430 is indicated less than typical ordinance standard. The Landscape Ordinance allows for a transfer of up to 25-percent of the required perimeter landscape strip to another area of the site. A variance from this provision requires approval from the City Beautiful Commission. Based on the site plan and site configuration staff does not feel the development can meet this criteria. In addition, the building setbacks along the northern, southern and western perimeters are not in compliance with the typical ordinance standards for the underlying zoning. October 3, 2013 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: S-1710 (Z-4403-I) 8 I. STAFF RECOMMENDATION: Staff recommends denial of the request as filed. PLANNING COMMISSION ACTION: (OCTOBER 3, 2013) The applicant was present. There was one registered objector present. The Chair informed the applicant there were eight (8) Commissioners present. The Chair stated it was the Commission’s practice that when fewer than nine (9) Commissioners were present the applicant was offered the option of deferral to a later meeting to allow more members to be present to hear the request. The Chair stated for an item to be approved six (6) positive votes were required. Mr. Pat McGetrick requested a deferral of the item. The Chair informed Mr. McGetrick the item would be deferred to the November 14, 2013, Subdivision Hearing. A motion was made to approve the deferral request. The motion carried by a vote of 8 ayes, 0 noes, 2 absent and 1 open position. October 3, 2013 ITEM NO.: 5 FILE NO.: Z-4336-MM NAME: Arkansas Children’s Hospital Zoning Site Plan Review LOCATION: Located on the Southwest corner of Wolfe and 13th Streets DEVELOPER: Arkansas Children’s Hospital Larry Beckius One Children’s Way Little Rock, AR 72202 ENGINEER: Cromwell Architects Engineers 101 South Spring Street Little Rock, AR 72201 AREA: 0.71 acres NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF CURRENT ZONING: O-2, Office and Institutional PLANNING DISTRICT: 8 – Central City CENSUS TRACT: 45 VARIANCE/WAIVERS: 1. A variance from Section 36-280(e)(1) to allow a reduced setback on the north and west property lines from 25-feet to 11-feet and on the south property line from 25-feet to 15-feet. 2. A variance to allow payment in-lieu of stormwater detention. 3. A variance from Section 36-508 to allow portions of the site to be graveled. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The request is a zoning site plan review for property located in Block 9 Centennial Addition, running north and south between 13th Street and Daisy L. Bates on Wolfe Street. The new facility includes the following work: 1. The Administrative Offices and Shop are planned to be located on the north side of the site in a pre-manufactured steel structure of approximately 3,600 October 3, 2013 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-4336-MM 2 square feet. Exterior materials may include prefinished metal siding and roof. 2. A garage structure (2,500 square feet) to house tractors, maintenance vehicles, lawn mowers and trailers will be located at the south end of the site adjacent to an existing parking lot and residence. 3. Six (6) on-site parking spaces are provided for ACH vehicles and visitors. The parking includes one HC parking space. The parking and drive connecting Wolfe Street and the alley is planned to receive asphalt paving. The remainder of the yard will remain gravel to facilitate use as a lay-down area for additional landscape maintenance equipment and temporary storage of landscape materials. 4. Two (2) above-ground fuel storage tanks approximately 200 gallons each are proposed to be located on the alley in accordance with the requirements of the Arkansas Fire Prevention Code Chapter 22 Table 2206.2.3 Minimum Separation Requirement for Above-Ground Tanks, which requires fuel dispensers less than 6,000 gallons to be located a minimum of 5-feet from a building, 5-feet from any public way and 3-feet between tanks. Fuel storage tanks will comply with all requirements for spill containment. 5. The existing chain link fence will be re-used to the maximum extent possible in its existing location with the modifications as noted on the site plan. 6. Screening of parking, dumpsters and mechanical equipment is expected to be provided as required by the City of Little Rock buffer and landscape ordinances. The following variances are requested for the Groundskeeper Facility: 1. Reduce the setback requirement on 13th Street and the alley from 25-feet to 11-feet where Arkansas Children’s Hospital is the adjacent property owner. Reduce the setback requirement on the south boundary from 25-feet to 15-feet where the adjacent property has a parking lot and one-story residence. 2. Allow payment of the in-lieu contribution for stormwater detention. No public drainage system is located near the site for discharge of detained stormwater. Because of the existing site grading, the applicant is concerned that discharge through a curb cut will be concentrated and highly erosive. 3. Allow the use of gravel in the maintenance yard area. Gravel will provide a better surface for storage of equipment such as box blades and bush hog, and temporary storage of plants and landscape materials. October 3, 2013 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-4336-MM 3 B. EXISTING CONDITIONS: There are no structures on the property however there are few significant trees located on the site. North of the site there is a newly constructed parking lot fronting Wolfe Street. East of the site is the former West Side Jr. High School which has been converted to office and residential uses. On the corner of 13th and Battery Streets is a beauty salon which has parking from 13th Street. North of the site, across Battery Street, is a large commercial building which was originally built as a supermarket and is currently unoccupied. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents concerning the proposed request. All property owners located within 200-feet of the site along with the Downtown Neighborhood Association, the Capitol Hill Neighborhood Association, the Central High Neighborhood Association and the Wright Avenue 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 Wolfe Street and 13th Street. 2. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 3. In accordance with Section 32-8, no obstruction to visibility shall be located within a triangular area 50 feet back from the intersecting right-of-way line (or intersecting tangent lines for radial dedications) at the intersection of 13th Street with Wolf Street. 4. Stormwater detention ordinance applies to this property. With such small amount of detention required, payment in lieu of construction is acceptable. 5. The location of the electric gate call box is not shown on plan. The call box must be located at least 20 feet from the back of curb. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. October 3, 2013 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-4336-MM 4 Entergy: Entergy has an existing power line running the length of the alley between 13th and 14th Streets for which an easement must be retained. Any construction near the line must maintain OSHA and NESC code clearances. Contact Entergy for any questions or for eventual service needs to the new structures. 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. 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. 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 October 3, 2013 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-4336-MM 5 and construction specifications and installation will be inspected by an engineer, licensed to practice in the State of Arkansas. Execution of Customer Owned Line agreement is required. Fire Department: Place fire hydrant(s) per code. Maintain access. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: Site is located one (1) block from #3 Baptist route and three (3) block from #11 MLK route. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirement. 2. Street buffers are required along West 13th and Wolfe Streets. The street buffer along 13th Street should be 13.5-feet and along Wolfe Street should be 9-feet. The site is located within the Designated Mature Area of the City which allows for a reduction in the street buffer requirement of not more than a 25 percent reduction allowing the street buffers to be reduced to 6-feet 9-inches. Street buffers less than indicated will require approval of a variance by the Little Rock Planning Commission. 3. Newly paved areas must be landscaped in accordance with Chapter 15, the Landscape Ordinance. 4. Street trees and shrubs will be required per Chapter 15, the Landscape Ordinance. 5. Building landscaping will be required to comply with Chapter 15, the Landscape Ordinance. October 3, 2013 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-4336-MM 6 G. SUBDIVISION COMMITTEE COMMENT: (September 11, 2013) The applicant was present. Staff presented the item stating there were few outstanding technical issues associated with the request in need of addressing related to the proposed site plan. Staff stated City Ordinance required all areas subject to wheeled traffic to be constructed of a hard surface material. Staff noted the site plan indicated the placement of aggregate within the area fronting the proposed shop areas and questioned the reasoning for not paving this area. Staff also requested the applicant provide the total building square footage and the proposed building coverage for the structures. Public Works comments were addressed. Staff stated a 20-foot radial dedication was required at the intersection of Wolfe and 13th Streets. Staff also stated the request for payment in-lieu of stormwater detention was acceptable. Staff requested the fencing located at the intersection of Wolfe and 13th Streets be redesigned to provide visibility at the intersection and not block sight lines. Staff also stated the electric gate call box was not shown on the plan and stated the call box was to be located at least 20-feet from the back of curb. Landscaping comments were addressed. Staff stated newly paved areas were to be landscaped to comply with the City’s Landscape Ordinance requirements. Staff also stated building landscaping would be required to comply with Chapter 15, the City’s Landscape Ordinance requirements. Staff noted the street buffer requirement along 13th Street was 13.5-feet and the street buffer along Wolfe Street was 9-feet. Staff noted the site was located within the Designated Mature Area of the City which would allow a reduction in the required street buffer to a minimum of 6-feet 9-inches. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing the issues raised at the September 11, 2013, Subdivision Committee meeting. The applicant has provided the building square footage, building coverage and the reasoning for not paving the entire area subject to wheeled traffic. The applicant has also relocated the call box to allow sufficient stacking and the fence located along West 13th and Wolfe Streets has been relocated to allow for adequate sight distance. October 3, 2013 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-4336-MM 7 The request is a Zoning Site Plan review for property located between 13th Street and Daisy L. Bates on Wolfe Street. Arkansas Children’s Hospital is proposing redevelopment of this site as a maintenance shop and administrative offices for the maintenance crew. The Administrative Office is planned to be located on the north side of the site in a pre-manufactured steel structure of approximately 3,600 square feet. Exterior materials may include prefinished metal siding and roof. A garage structure to house tractors, maintenance vehicles, lawn mowers and trailers will be located at the south end of the site. The total square footage proposed is 2,500 square feet. The total building coverage is 19.1 percent. Six (6) on-site parking spaces are provided for Arkansas Children’s Hospital vehicles and visitors. The parking includes one handicap parking space. The parking and drive connecting Wolfe Street and the alley is planned to receive asphalt paving. The remainder of the yard will remain gravel to facilitate use as a lay-down area for additional landscape maintenance equipment and temporary storage of landscape materials. Two (2) above-ground fuel storage tanks approximately 200 gallons each are proposed to be located on the alley in accordance with the requirements of the Arkansas Fire Prevention code Chapter 22 Table 2206.2.3 Minimum Separation Requirement for Above-Ground Tanks, which requires fuel dispensers less than 6,000 gallons to be located a minimum of 5-feet from a building, 5-feet from any public way and 3-feet between tanks. Fuel storage tanks will comply with all requirements for spill containment. The existing chain link fence will be re-used to the maximum extent possible in its existing location. The fence has been redesigned to allow for adequate sight distance at the intersection of West 13th and Wolfe Streets. Screening of parking, dumpsters and mechanical equipment is expected to be provided as required by the City of Little Rock buffer and landscape ordinances. The development will maintain a number of mature trees located on the site. The request includes a variance to allow a reduced setback on 13th Street (northern perimeter) and adjacent to the alley (western perimeter) from 25-feet to 11-feet. The request also includes a reduced setback on the southern boundary from 25-feet to 15-feet. Arkansas Children’s Hospital owns the property to the west and the adjacent property to the south has a parking lot and one-story residence. The request includes the allowance of payment in-lieu contribution for stormwater detention. The applicant’s justification is no public drainage system is located near the site for discharge of detained stormwater. The applicant has also October 3, 2013 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-4336-MM 8 indicated based on the existing site grading, they are concerned that discharge through a curb cut would be concentrated and highly erosive. Staff is supportive of the applicant’s request. The request also includes the allowance of gravel in the maintenance yard area. Section 36-508 requires all vehicular use areas to be paved with a hard surface material. The applicant has indicated gravel will provide a better surface for storage of equipment such as box blades and bush hog, and temporary storage of plants and landscape materials. Staff is supportive of the applicant’s request. To staff’s knowledge there are no outstanding technical issues associated with the request. Staff is in support of the request. Staff does not feel the request, including the associated variances, will adversely impact the area. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends approval of the variance request from Section 36-280(e)(1) to allow a reduced setback on the north and west property lines from 25-feet to 11-feet and on the south property line from 25-feet to 15-feet. Staff recommends approval of the variance request to allow payment in-lieu of stormwater detention. Staff recommends approval of the variance request from Section 36-508 to allow portions of the site to be graveled. PLANNING COMMISSION ACTION: (OCTOBER 3, 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 36-280(e)(1) to allow a reduced setback on the north and west property lines from 25-feet to 11-feet and on the south property line from 25-feet to 15-feet. Staff presented a recommendation of approval of the variance request to allow payment in-lieu of stormwater detention. Staff also presented a recommendation of approval of the variance request from Section 36-508 to allow portions of the site to be graveled. October 3, 2013 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-4336-MM 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 open position. October 3, 2013 ITEM NO.: 6 FILE NO.: Z-3429-A NAME: DDB, Inc. Arkansas Short-form PD-R LOCATION: Located at 1517 and 1521 Cumberland Street DEVELOPER: DDB, Inc. of Central Arkansas 1521 Cumberland Little Rock, AR 72202 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 0.32 acres NUMBER OF LOTS: 2 FT. NEW STREET: 0 LF CURRENT ZONING: R-4, Two-family ALLOWED USES: Single-family and two family residence PROPOSED ZONING: PD-R PROPOSED USE: Allow creation of 4-lots to serve the existing units and allow for sale of the individual units VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The request is to rezone the site from R-4 to PD-R (Planned Development Residential). Currently on the property are two (2) buildings containing two (2) units each. The rezoning is proposed to create the plat and establish the buildable areas for the newly created lots. The platting will allow the dwellings that share a common wall to be sold as individual units. As currently platted it is difficult to sell the units to potential buyers given the lending rules today. The rezoning will allow buyers to purchase the unit and property as they would any home in a subdivision without the 24-rules that apply October 3, 2013 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-3429-A 2 to condo/townhouse regulations. The homes were constructed in 2006 and to date only one (1) unit has been sold. B. EXISTING CONDITIONS: The site has developed with two (2) duplex buildings. The homes front Cumberland Street and the garages are rear loaded from the alley to the east. This area contains a mixture of zoning and uses. A number of the homes in this area are duplex and/or multi-family. To the north, on the east side of Cumberland, is a nursing home. South of the site along East 16th Street are single-family homes. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received one informational phone call from an area resident concerning the proposed request. All property owners located within 200-feet of the site along with the Downtown Neighborhood Association and the MacArthur Park 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 this project. Entergy: Service already exists to this location. Customer should contact Entergy if there are any changes to service requirements. 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. October 3, 2013 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-3429-A 3 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. Fire Department: Place fire hydrant(s) per code. Maintain access. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: Site is less than one (1) block from #6 Granite Mountain and within three (3) blocks of #2 South Main and #16 UALR bus routes. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Central City District. The Land Use Plan shows Residential Medium Density (RM) for this property. The Residential Medium Density category accommodates a broad range of housing types including single family attached, single family detached, duplex, townhomes, multi-family and patio or garden homes. Any combination of these and possibly other housing types may fall in this category provided that the density is between six (6) and twelve (12) dwelling units per acre. The applicant has applied for a rezoning from R-4 (Residential Two-family District) to PDR (Planned District Residential) to divide the existing two-parcels into four-parcels (one for each dwelling). This site is within the Central City Design Overlay District. Master Street Plan: Cumberland and 16th Streets are shown as a Local Streets on the Master Street Plan. The primary function of a Local Street is to provide access to adjacent properties. Local Streets that are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. A Collector design standard is used for Commercial Streets. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes shown in the immediate vicinity. October 3, 2013 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-3429-A 4 Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (September 11, 2013) Mr. Tony Curtis was present representing the request. Staff presented an overview of the development stating there were no outstanding technical issues associated with the request. Staff noted Public Works comment concerning the repair or replacement of any broken curb, gutter or sidewalk adjacent to the site. Staff also noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: There were no outstanding technical issues in need of addressing raised at the September 11, 2013, Subdivision Committee meeting. The request is to rezone the site from R-4, Two-family to PD-R (Planned Development Residential) to create lot lines and establish building setbacks for the existing duplex homes located on the site. There are two buildings each containing two (2) units. The approval of the plat will allow the dwellings that currently share a common wall to be sold as individual units which will include the transfer of property with the units. According to the applicant the homes were constructed in 2006 and to date only one (1) unit has been sold. The owner feels with the ability to transfer property with the units this will increase the marketability of the units. The lots will average 28-feet wide by 140-feet in depth. The side setback are proposed as currently exist. Lot 5RR along the northern perimeter is 6-feet 4-inches with a zero setback along the southern perimeter. The northern side yard setback for Lot 5RRR is proposed as zero and the southern perimeter is 4-feet 5-inches. Lot 6RR will have a northern side yard setback of 6-feet 6-inches with a zero setback along the southern perimeter. Lot 6RRR will have a zero northern side yard setback and a 4-folot 7-inch setback along the southern perimeter. Staff is supportive of the request. Staff does not feel the creation of the lots as proposed to allow for future sale of the existing residential units will adversely impact the area. October 3, 2013 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-3429-A 5 I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. PLANNING COMMISSION ACTION: (OCTOBER 3, 2013) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 8 ayes, 0 noes, 2 absent and 1 open position. October 3, 2013 ITEM NO.: 7 FILE NO.: Z-5178-C NAME: Lot 1R West Markham Parkway Addition Short-form PCD LOCATION: Located on the Southwest corner of Chenal Parkway and Old Town Road DEVELOPER: Vincent Properties LLC 13401 Chenal Parkway Little Rock, AR 72211 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 0.97 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: PCD and O-3 ALLOWED USES: Retail sales and service of pianos and organs, O-3, General Office District uses and Antique shop, Book and stationery store, Clothing store, Florist shop, Furniture store, Office equipment sales and service, Medical appliance fittings and sales, and Optical shop PROPOSED ZONING: PCD PROPOSED USE: Add Medical Office and Fitness Rehab as an allowable use and Allow a parking and building expansion in two (2) Phases VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: Ordinance No. 15,749 adopted by the Little Rock Board of Directors on September 19, 1989 rezoned this site from O-3, General Office District to PCD. The approval allowed the construction of a single building and associated parking. The user was Capitol Keyboard. Alternate uses included all Permitted uses in the O-3 Zoning District, Antique shop, Book and stationery store, Clothing store, Florist shop, Furniture store, Office equipment sales and service, Medical appliance fittings and sales, and Optical shop. October 3, 2013 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-5178-C 2 Ordinance No. 16,212 adopted by the Little Rock Board of Directors on May 19, 1992, allowed a revision to the PCD zoning. The approval permitted performances by the Community Theatre of Little Rock on three (3) occasions each year, with a maximum of ten (10) performances during three (3) consecutive weeks. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The project contains 0.97 acres and is at the southwest corner of Chenal Parkway and Old Town Road. The property is currently zoned PCD and O-3, General Office District. The applicant is proposing to expand the existing facility. The expansion includes both a building and parking expansion in two (2) phases. The first phase contains the parking lot expansion, with the building expansion following at a later date. The developer also wishes to construct a fence and gate behind the existing facility to prevent undesirable guests from vandalism and other activities. The gate will contain a knox box to allow emergency services behind the building. B. EXISTING CONDITIONS: The site contains a medical office building with parking located in the front yard as well as in the rear of the building. This section of Old Town Road has developed with office and commercial uses. To the east is a paint store, an upholstery shop and an auto parts store. South of the site is a multi-tenant building containing office uses. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents concerning the proposed request. All property owners located within 200-feet of the site along with the Parkway Place Property Owners Association and the Gibraltar Heights/Pointe West/Timber Ridge Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Old Town 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. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. October 3, 2013 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-5178-C 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 ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. 5. 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. 6. Obtain a franchise agreement from Public Works (Bennie Nicolo, 371-4818) for the private improvements located in the right-of-way. 7. The driveway locations are existing. 8. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to Chenal Parkway with the planned development. The street improvements are the construction of a right turn lane with paved shoulder of 150 feet of stack and 50 feet of taper. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: Entergy does not object to this extension as no lines are in the way. However, Entergy should be contacted if structure electrical load requirements are changing significantly. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: 1. All Central Arkansas Water requirements in effect at the time of request for water service must be met. 2. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer’s expense. October 3, 2013 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-5178-C 4 3. Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and 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. 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. The facilities on-site will be private. When meters are planned off private lines. Private facilities shall be installed to Central Arkansas Water’s material and construction specifications and installation will be inspected by an engineer, licensed to practice in the State of Arkansas. Execution of Customer Owned Line agreement is required. Fire Department: Place fire hydrant(s) per code. Maintain access. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: Nearest bus stop at Home Depot (12206 West Markham Street) and at Chenal Place on the #5 West Markham route. Parks and Recreation: No comment received. October 3, 2013 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-5178-C 5 F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Ellis Mountain Planning District. The Land Use Plan shows Office (O) for this property. The office category represents services provided directly to consumers (e.g., legal, financial, medical) as well as general offices which support more basic economic activities. The applicant has applied for a rezoning from PCD (Planned Commercial District) and O-3 (General Office District) to PCD (Planned Commercial District) to allow for additional parking and a later building addition on the existing site. This site is within the Chenal Design Overlay District. Master Street Plan: Chenal Parkway is shown as a Principal Arterial and Old Town Road is shown as a Local Street on the Master Street Plan. A Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Chenal Parkway since it is a Principal Arterial. The primary function of a Local Street is to provide access to adjacent properties. Local Streets that are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. A Collector design standard is used for Commercial Streets. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class I Bike Path is shown along Chenal Parkway (Rock Creek). A Bike Path is to be a paved path physically separate for the use of bicycles. Additional right-of-way or/and easement is recommended. Twelve-foot paths are recommended along creeks and as independent paths. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirement. 2. The street buffer along the north perimeter is to be 10.2-feet, at no point less than 9-feet. 3. 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) square feet in area to qualify and be seven and one half (7 ½) feet in width. 4. Based on percentage of building expansion the existing landscaping must be upgraded to closer to compliance with the landscape ordinance. October 3, 2013 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-5178-C 6 5. Any missing, dead or diseased landscaping must be replaced in conjunction with the proposed PCD request. G. SUBDIVISION COMMITTEE COMMENT: (September 11, 2013) Mr. Joe White of White-Daters and Associates was present representing the request. Staff presented an overview of the development stating there were additional items necessary to complete the review process. Staff requested details of any proposed and existing signage. Staff also questioned the dumpster placement once the Phase II, building expansion, was completed. Staff stated all site lighting was to be low level and directional, directed downward and into the site. Public Works comments were addressed. Staff stated the City’s Stormwater Detention Ordinance would apply to the development of the new paved areas. Staff also stated a grading permit would be required prior to construction of the new paved areas. Staff stated the two (2) driveways located on Old Town Road were existing and were not required to be consolidated. Staff noted a right turn lane on Chenal Parkway would be required with the new development proposed for the site. Landscaping comments were addressed. Staff stated the street buffer along the perimeter of the site was to be 10.9-feet and in no case less than 9-feet. Staff also stated a minimum of eight percent (8%) of the vehicular use area was to be designated as green space. Staff stated the existing landscaping was to be brought closer to compliance with the landscape ordinance with the building expansion. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing a number of the issues raised at the September 11, 2013, Subdivision Committee meeting. The revised site plan indicates the proposed signage plan, the location of the dumpster once the Phase II building expansion is completed and indicated all site lighting will be low level and directional, directed downward and into the site. The applicant is proposing to extend the paved shoulder on Chenal Parkway the length of the right turn lane. The applicant is requesting a deferral of the street October 3, 2013 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-5178-C 7 improvements on Chenal Parkway until the Phase II portion of the project. Staff is supportive of the request. The project contains 0.97 acres and is at the southwest corner of Chenal Parkway and Old Town Road. The zoning is currently PCD and O-3, General Office District. With the approval the applicant is proposing to expand the existing facility to include additional parking in Phase I and additional building square footage in the Phase II. The applicant is proposing to construct 22 additional parking spaces along the north side of the building. With the Phase II building expansion a fence and gate will be placed behind the existing facility to limit access to the rear of the building. The gate will contain a knox box to allow emergency services behind the building. The Phase I construction is anticipated during the Spring of 2014 and the Phase II construction is proposed for the Spring of 2015. The Phase II building construction will include a 4,150 square foot addition to the existing 7,250 square foot building. With the new construction eight (8) parking spaces will be removed. The dumpster will be relocated with the Phase II construction to the south side of the building to allow pick-up and access. The dumpster will be screened to meet the typical ordinance requirements for screening. The hours of dumpster service are limited to 7:00 am to 6:00 pm. The site plan indicates building signage will not exceed ten percent (10%) of the front façade. A single ground sign is located along Chenal Parkway. The sign is indicated with a maximum height of eight (8) feet and a maximum sign area of 100 square feet. The signage as proposed is consistent with the Chenal Parkway Design Overlay District. Staff is supportive of the request. The request will allow the applicant to provide the parking lot expansion prior to the building construction. To staff’s knowledge there are no remaining outstanding technical issues associated with the request. Staff feels the request to amend the previously approved PCD to allow the expansion of the parking and building is appropriate. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends approval of the deferral request of the boundary street improvements to Chenal Parkway until the Phase II construction of the development. October 3, 2013 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-5178-C 8 PLANNING COMMISSION ACTION: (OCTOBER 3, 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 deferral request of the boundary street improvements to Chenal Parkway until the Phase II construction of the development. 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. October 3, 2013 ITEM NO.: 8 FILE NO.: Z-8490-B NAME: Johnson Revised Short-form PD-C LOCATION: Located at 4314 Asher Avenue DEVELOPER: Tracy Johnson c/o the Law Firm of Stephen R. Giles 425 West Capitol Avenue, Suite 3200 Little Rock, AR 72201-3469 SURVEYOR: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 0.34 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: PD-C ALLOWED USES: Private club PROPOSED ZONING: Revised PD-C PROPOSED USE: Extend the hours of operation VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: Ordinance No. 20,164 adopted by the Little Rock Board of Directors on October 6, 2009, rezoned the site from the C-4, Open Display Zoning District to PD-C to allow the site to be redeveloped with a bar/grill/private club. The site was vacant and was proposed with the construction of a two (2) story 4,500 square foot building. The site plan indicated the placement of 31 on-site parking spaces and indicated agreements to allow additional off-site parking spaces at the adjacent funeral home. The hours of operation were approved from 9:00 pm to 2:00 am Thursday through Saturday. October 3, 2013 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-8490-B 2 Ordinance No. 20,372 adopted by the Little Rock Board of Directors on December 7, 2010 allowed a revision to the previously approved PD-C. The approval allowed the construction of a smaller building and rearrangement of the parking layout on the site. The use of the building remained a bar/grill/private club. The building approved was a single story building containing 3,536 square feet and 19 on-site parking spaces. Additional parking was provided via an agreement from an adjacent property owner to allow 16 additional off-site parking spaces. The hours of operation approved were 9:00 pm to 2:00 am, Thursday through Saturday. A single ground sign along Asher Avenue as well as building signage on the front façade along Asher Avenue was approved. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The owner is proposing a revision the currently approved PD-C to extend the hours of operation for his establishment, now named “Trois”. There are no site plan changes proposed from the existing built site, this includes no changes to the building, parking, landscaping, ingress/egress. The owner will continue to lease parking from an adjacent funeral home business, located across the alley to the north, which reserves 18 – 20 parking spaces for “Trois” use. The hours of operation are proposed to coincide with the current ABC permit. The hours of operation requested with this application are from 10:00 am to 3:30 am seven days per week. Currently the hours of operation approved for the site are 9:00 pm to 2:00 am Thursday through Saturday. B. EXISTING CONDITIONS: The site is developed with a private club and parking located on the north side of Asher Avenue. This area contains a number of uses including auto repair, auto towing, bars, churches, a gas station, a funeral home, a hair salon, a mortgage company office and auto financing. This area of Asher Avenue also contains a number of vacant buildings and large paved areas. Further north of the site are single-family homes. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents concerning the proposed request. All property owners located within 200-feet of the site along with the Curran Conway Neighborhood Association, the Goodwill Neighborhood Association, the Love Neighborhood Association, the Midway Neighborhood Association and the South of Asher Neighborhood Association were notified of the public hearing. October 3, 2013 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-8490-B 3 D. SUBDIVISION COMMITTEE COMMENT: (September 11, 2013) The applicant was not present. Staff presented an overview of the development stating there were no technical issues associated with the request in need of addressing. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. E. ANALYSIS: There were no outstanding technical issues associated with the request in need of addressing raised at the September 11, 2013, Subdivision Committee meeting. The request is to revise the previously approved PD-C to modify and extend the hours of operation. The amended hours of operation are proposed to coincide with the hours approved by the ABC Board at their August 2013 meeting. The ABC hours of operation approved are from 10:00 am to 3:30 am seven (7) days per week. The hours of operation approved for the site with the PD-C zoning are 9:00 pm to 2:00 am Thursday through Saturday. Staff is not supportive of the request. Staff has concerns with the increase in hours of operation and the potential impact on the nearby businesses and residences. F. STAFF RECOMMENDATION: Staff recommends denial of the request to extend the hours of operation from a closing time of 2:00 am to a closing time of 3:30 am daily. PLANNING COMMISSION ACTION: (OCTOBER 3, 2013) Mr. Steve Giles and Mr. Tracy Johnson were present representing the request. Staff presented an overview of the item stating the only change was to the hours of operation. Staff presented a recommendation of denial of the request to extend the closing hour from 2:00 am to 3:30 am daily. Mr. Steve Giles addressed the Commission stating the request to extend the hours was to allow Mr. Johnson to operate within the perimeters of his approved ABC license. He stated currently Mr. Johnson was losing customers because of the 2:00 am closing. He stated he also felt there were safety concerns by not keeping customers in one place until 3:30 am. He stated there had not been any incidents at the establishment. He stated Mr. Johnson hired off-duty police officers to police the premises. He stated the officers came to work at 9:00 pm and stayed until closing. He stated when the business October 3, 2013 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-8490-B 4 closed the officers cleared the parking lot and encouraged customers to go elsewhere. He stated Mr. Johnson was a good neighbor and as far as he knew there had not been any complaints against the business. Ms. Clarice Coleman addressed the Commission in opposition of the request. She stated she and Mr. Webb owned the business next door to Mr. Johnson’s business. She stated the music from Mr. Johnson’s business could be heard outdoors. She stated there had been a number of fights and disturbances at Mr. Johnson’s business. She stated her business closed at 2:00 am and Mr. Johnson was continuing to operate after his scheduled 2:00 am closing time. She stated Asher did not need any businesses open after 2:00 am. Ms. Ruth Bell, League of Women Voters, addressed the Commission in opposition of the request. She stated the request was to not operate 24/7 but to operate 17 ½ hours seven days per week. She felt the hours were too intense for the area. She stated from 10:00 am to 3:30 am would impact businesses in the area. She questioned parking for the businesses in the area and if this business was sharing parking with other businesses the potential impact the coinciding hours and shared parking would have on each other. Mr. Johnson stated he did not intend to open daily at 10:00 am. He stated currently the building could be leased for special events such as baby showers or wedding showers. He stated in the future the business may serve lunch but at present the business was not open for lunch. He stated he put his own money into the building and did not rehab an existing building. He stated he was trying revitalize the area and bring up property values. There was a general discussion by the Commission and Mr. Johnson concerning his opening and closing hours. The Commission stated the closing hour was not as big a concern as the opening hours. Mr. Johnson stated currently the business opened a 4:30 pm with a Happy Hour. He requested his hours of operation be amended to 4:30 pm to 3:30 am daily. Staff questioned if Mr. Johnson would continue to lease the building for special events. Mr. Johnson stated he would not lease the building for special events and should he desire to do so in the future he would amend his current zoning to add an events center as an allowable use. A motion was made to approve the request, as amended, including all staff recommendations and comments except that of denial. The motion carried by a vote of 7 ayes, 1 no, 2 absent and 1 open position. October 3, 2013 ITEM NO.: 9 FILE NO.: Z-8882 NAME: SRM Properties Short-form PCD LOCATION: Located at 318 – 324 President Clinton Avenue DEVELOPER: SRM Properties LLC 318 President Clinton Avenue Little Rock, AR 72201 SURVEYOR: Global Surveying Consultants Inc. 6511 Heilman Court North Little Rock, AR 72118 ARCHITECT: AMR Architects 201 East Markham Street Little Rock, AR 72201 AREA: 0.56 acres NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF CURRENT ZONING: UU, Urban Use District ALLOWED USES: Residential, Office, Commercial, Industrial PROPOSED ZONING: PCD PROPOSED USE: Add a private club as an allowable use for this site VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: SRM Properties is requesting to rezone the property from UU, Urban Use District to PCD (Planned Commercial Development) to allow an existing restaurant at this location to be licensed by the State ABC Commission as a private club. Willy D’s has been in operation since the early 2000’s and is licensed by the State October 3, 2013 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-8882 2 ABC Commission as a bar and restaurant. The approval of the PCD zoning will allow the business to be licensed by the State as a private club which then allows the closing hour on Saturday morning to be extended by one (1) hour (2:00 am closing). The property is currently zoned UU, Urban Use District which allows businesses to be licensed by the State ABC Commission as a restaurant or bar. With this ABC license restaurants and bars are allowed to remain open until 2:00 am except Saturday night when they must close at 1:00 am. B. EXISTING CONDITIONS: The property is located within the River Market District, an entertainment district with the City of Little Rock. The specific building proposed for rezoning congtains a number of users including LaHarpe’s Office Furniture, Willie D’s, Channel 7 and other retail and office users. South of the site are restaurants, bars and retail users. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents concerning the proposed request. All property owners located within 200-feet of the site along with the Downtown Neighborhood Association and the River Market Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. No City of Little Rock stormwater drainage infrastructure is located within the abandoned alley. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: Entergy has exiting secondary service line in the vicinity of the northwest corner of the proposed deck. Entergy must be contacted prior to construction to determine if relocation or adjustment of the wires will be required. Center-Point Energy: No comment received. AT & T: No comment received. October 3, 2013 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-8882 3 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. 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. 6. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZA) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by Central Arkansas Water. The test results must be sent to Central Arkansas Water’s Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. 7. A short water main extension may be needed to provide water service to this property. 8. The facilities on-site will be private. When meters are planned off private lines. Private facilities shall be installed to Central Arkansas Water’s material and construction specifications and installation will be inspected by an engineer, licensed to practice in the State of Arkansas. Execution of Customer Owned Line agreement is required. Fire Department: Place fire hydrant(s) per code. Maintain access. Contact the Little Rock Fire Department for additional information. County Planning: No comment. October 3, 2013 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-8882 4 CATA: Site is located directly adjacent to River Rail Streetcar system. Electrical and other development construction cannot impede the service and operating hours of the streetcar system. Contact CATA for additional information. 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 allow for a private club, outdoor areas, etc. for this site. The site is within the River Market Design Overlay District. Master Street Plan: President Clinton Avenue 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: A Class I Bike Path is shown along the Arkansas River (in Riverfront Park). A Bike Path is to be a paved path physically separate for the use of bicycles. Additional right-of-way or/and easement is recommended. Twelve-foot paths are recommended along creeks and as independent paths. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (September 11, 2013) The applicant was present. Staff presented an overview of the development stating there were a number of outstanding technical issues associated with the request in need of addressing prior to the Commission hearing the request. Staff stated the request was located within the River Market DOD. Staff stated the DOD had specific development criteria related to the development and October 3, 2013 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-8882 5 redevelopment of properties. Staff stated the proposal included the addition of a private club as an allowable use for the site. Staff stated the applicant was also proposing to remodel the existing furniture store into two (2) or three (3) lease spaces for restaurant and/or bar space and/or general retail space. Staff stated within the building the applicant was proposing to allow the two (2) to three (3) restaurant/bars to remain open for one (1) additional hour on Saturday night-Sunday morning. Staff noted the request was not for a 5:00 am club. Staff stated in addition to adding a private club as an allowable use for the development the applicant was proposing the addition of a deck on the rear of the existing building. Staff noted the alley located behind the building had been abandoned but the easement rights were retained within the former alley. Staff stated the deck was a self-supporting structure and deck would extend over a portion of the former alley but no supports would touch the ground within the former alley. Public Works comment was addressed. Staff noted there was no stormwater infrastructure located within the former alley. Landscaping comments were addressed. Staff stated the River Market DOD has specific development criteria related to landscaping and street trees. Staff stated the DOD also dictated the species of tree to be planted within this portion of the District. 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 has amended the request to remove the renovation of the existing furniture store and the allowance of the deck and private club as an allowable use. The request before the Commission and the Board of Directors is to allow an existing bar, Willy D’s, to be permitted by the State ABC Commission as a private club. This will allow Willy D’s to operate one additional hour per week. Based on the amended request there were no site plan issues in need of addressing related to the rezoning request. The Zoning Ordinance has specific development criteria related to the placement of private clubs. The ordinance states a private club shall not be located within 750-feet of a church or other religious facility, a sexually-oriented business as defined by Chapter 17 of the Code of Ordinances, a public or private elementary, October 3, 2013 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-8882 6 secondary or postsecondary school, a daycare center or any facility that operates programs for children or youth, any single-family or multi-family residential use, except a hotel or motel, or a residential use that is within a unified development that contains both the private club and the residential use. The property is located within the spacing distance from residential uses located in the River Market District. Staff is supportive of the request. There are other businesses within the River Market District which operate as private clubs and are allowed to operate until 2:00 am seven (7) days per week. Staff does not feel the allowance of this business to operate as a private club and remain open until 2:00 am seven days per week 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: (OCTOBER 3, 2013) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 8 ayes, 0 noes, 2 absent and 1 open position. October 3, 2013 ITEM NO.: 10 FILE NO.: LA-0055 NAME: 65th Street Timber Harvest Variance Request LOCATION: Southwest corner of the W. 65th Street and Scott Hamilton Drive Intersection APPLICANT: 65th Street Land Co., LLC APPLICANT’S REPRESENTATIVE: White-Daters & Associates AREA: Approximately 50 acres CURRENT ZONING: I-2 VARIANCES/WAIVERS REQUESTED: A variance from the Land Alteration Regulations to harvest timber on approximately 50 acres. A. PROPOSAL/REQUEST: Applicant is requesting a variance from the Land Alteration Regulations to harvest timber on approximately 50 acres divided into 2 parcels located southwest of the W. 65th Street and Scott Hamilton Drive intersection. The variance would allow staff to issue a grading permit for the timber harvesting activities without imminent construction. B. EXISTING CONDITIONS: The 50 acre property is dense tree covered. The property drains to the east. The property is visible from W. 65th Street and Scott Hamilton Drive. East of the subject property across Scott Hamilton Drive is developed properties zoned I-2. South of the subject property is a federal work training center and a windmill manufacturing company both zoned I-2. West of the subject property is Wakefield Village single family subdivision. The subdivision is zoned R-2. Near W. 65th Street east of the subject property are several small zoned developed properties zoned C-3. North of the subject property is W. 65th Street. North of the subject property across W. 65th Street are several developed properties zoned I-2. Between the 2 parcels is the Arkansas Food Bank zoned I-2. C. NEIGHBORHOOD COMMENTS: Staff has been provided proof of notifications being mailed by the applicant to all adjacent property owners including those across streets and alleys. As of the time of writing, staff has received one (1) telephone call from a resident of Wakefield Village with questions and desiring additional information. October 3, 2013 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: LA-0055 2 D. ENGINEERING COMMENTS: 1. A grading permit in accordance with section 29-186 (c) & (d) will be required prior to any land clearing or grading activities at the site. 2. Damage to public and private property due to hauling operations or operation of construction related equipment from a nearby construction site shall be repaired by the responsible party prior to issuance of an approval of completion. 3. Per Sec. 29-187(e)(2), provide a forestry management plan prepared by a registered forester or certified arborist using best management practice guidelines for silviculture in urban areas. In addition provide the following information: total # of trees per species; total # of trees per species to be harvested; total # of trees per species per acre; # of trees per species per acre to be harvested. 4. Harvest activities must comply with state and federal forestry harvest techniques and code. Damage to offsite property must be repaired by the applicant in a timely manner. 5. Tree tops and debris generated from the harvest activity must be removed at the conclusion of harvest to reduce the potential fire hazard. Contact the Little Rock Fire Department for conditions and additional permits and requirements. 6. Provide locations of vehicle tracking pad constructed per Little Rock Sec. 29-190(12). Harvest access points through the perimeter buffer zones shall be limited in number and constructed to the minimum width needed to facilitate access. A curved or angled road design should be provided to limit the visibility of the interior grading work from adjacent streets. 7. Erosion controls must be installed to reduce discharge of polluted stormwater. 8. Per Sec. 29-197(2), the harvest activities shall be expeditiously completed in a time frame not to exceed one (1) year in duration from the time work commences to installation of all final erosion control measures and vegetation. 9. Per Sec. 29-179(5), undisturbed areas designated for temporary buffers shall be kept undisturbed except for reasonable access to the site. The width of the temporary buffer strip shall be 6% of the lot width and depth. The minimum width shall be 50 ft where the property is adjacent to other properties. The maximum required width shall not exceed 100 ft. The minimum width shall be 80 ft where the subject property is adjacent to arterial streets (65th St & Scott Hamilton Rd). In no event shall these temporary October 3, 2013 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: LA-0055 3 strips be less than the width of the permanent buffers required for development. Label and delineate undisturbed buffer areas on harvest plan. E. PLANNING STAFF COMMENTS: No comments F. SUBDIVISION COMMITTEE: Joe White of White-Daters and Associates representing the applicant was present. Staff presented an overview of the variance application. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. G. RECOMMENDATION: The applicant failed to provide all information as requested at the September 11, 2013 Subdivision Committee Meeting. Staff recommends this item be deferred to the November 14, 2013 Planning Commission meeting. PLANNING COMMISSION ACTION: (OCTOBER 3, 2013) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had failed to provide all information as requested at the September 11, 2013 Subdivision Committee meeting. Staff presented a recommendation of deferred of the item to the November 14, 2013 Planning Commission 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, 2 absent and 1 open position. October 3, 2013 ITEM NO.: 11 FILE NO.: LA-0056 NAME: Colonel Glenn – Lawson Road Advanced Grading Variance LOCATION: North side of Colonel Glenn Road at Lawson Road APPLICANT: Bowman Plaza Lot 4 LLC APPLICANT’S REPRESENTATIVE: White-Daters & Associates AREA: Approximately 6.5 acres CURRENT ZONING: Planned Commercial Development (PCD) VARIANCES/WAIVERS REQUESTED: A variance from the Land Alteration Regulations to advance grade by clearing and filling approximately 6.5 acres. A. PROPOSAL/REQUEST: Applicant is requesting a variance from the Land Alteration Regulations to advance grade by clearing and filling approximately 6.5 acres on the northside of Colonel Glenn Road. Advanced grading is requested to occur on the subject property located on the north side of Colonel Glenn Road at the Colonel Glenn Road/Lawson Road intersection approximately 0.5 miles west of I-430. The variance would allow staff to issue a grading permit for the advance grading activities without imminent construction. Cut material is proposed to be removed from the site to a nearby construction site proposed on the south side of Colonel Glenn Road between Bowman Road and Lawson Road. An advanced grading permit has been issued for the entire proposed construction site to be filled with construction imminent on only portions of the property. B. EXISTING CONDITIONS: The 6.5 acre area is hilly with dense trees. The subject property is zoned Planning Commercial Development. The subject property is located within the Little Rock city limits. Advanced grading was proposed for the subject property in the past but the construction did not occur on the property to receive the fill material. The southern portion of the property is proposed to be used to realign Colonel Glenn Road to the north and reduce the street curvature. East of the subject property is a developed property zoned planned office development with office and warehouse uses. West of the subject property is an undeveloped property outside of the Little Rock city limits zoned R-2. South of the subject property is Colonel Glenn Road. South of Colonel Glenn Road, east of Lawson Road is grocery store on property zoned R-2. South of Colonel Glenn Road, west of Lawson Road is Kinco Contractors. The property is zoned October 3, 2013 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: LA-0056 2 planned commercial development. In addition to Kinco Contractors, there is a volunteer fire station on property zoned R-2. North of the subject property is R-2 zoned properties. One property is used as a mobile home park. The other property is undeveloped. C. NEIGHBORHOOD COMMENTS: Staff has been provided proof of notifications being mailed by the applicant to all adjacent property owners including those across streets and alleys. As of the time of writing, staff has received one (1) telephone call desiring additional information. D. ENGINEERING COMMENTS: 1. A grading permit in accordance with section 29-186 (c) & (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 2. Storm water detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the grading plan. 3. If disturbed area is 1 or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 4. Damage to public and private property due to hauling operations or operation of construction related equipment from a nearby construction site shall be repaired by the responsible party prior to issuance of a certificate of occupancy. 5. Per Sec. 29-197(2), the grading shall be expeditiously completed in a time frame not to exceed one (1) year in duration from the time work commences to installation of all final erosion control measures and vegetation. 6. Provide visual screening of the completed area by providing undisturbed buffer strips or earthen berms. Per Sec. 29-197(3) provide line of sight illustrations from adjacent street(s) and properties for review by the Planning Commission. The width of the temporary buffer strips shall be 6% of the lot width and depth. The minimum width shall be 50 ft where the subject property is adjacent to other properties. The minimum width shall be 80 ft where the subject property is adjacent to arterial streets (Col. Glenn Road). October 3, 2013 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: LA-0056 3 In no event shall these buffers be less than the width of the permanent buffers required for the development. The maximum buffer width shall not exceed 100 ft. The elevation of the top of berms is determined by the elevation required to obstruct visibility. 7. Construction access points should be shown on the grading plan. A curved or angled road design should be provided to limit the visibility of the interior grading work from adjacent streets. 8. Provide a Sketch Grading and Drainage Plan per Sec. 29-186 for the entire property showing access points, buffers, and berms. 9. Per Sec. 29-197(11), a permanent vegetative cover of suitable perennial grass shall be established over all disturbed areas. Where indicated by soil tests, pH adjustments and addition of fertilizer may be required. 10. Per Sec. 29-197(12), all erosion and stabilization controls, including permanent vegetation and plantings and stormwater detention systems are to be maintained by the responsible part for a period of 2 years following completion of site grading. 11. Per Sec. 29-197(12), periodic mowing, generally 2 times per year or more often if required by CLR shall be provided to encourage perennial grass growth. 12. Per Sec. 29-197(13), maintenance for the 2 year period shall be guaranteed through posting of cash, surety bond or letter of credit as referenced in Sec. 31-431(2) at the time of final inspection of the grading activities. 13. Per Sec. 29-197(14), all required federal, state, and local permits and approvals shall be obtained prior to commencement of land alteration activities. 14. Public works staff must be contacted for inspection for final approval of site stabilization prior to acceptance and relinquishment of maintenance bond. 15. Staked orange fencing must be installed along the open space undisturbed buffer areas during construction to prevent access to these buffer areas. 16. At the completion of the land alteration activities, a minimum six (6) inches of suitable top soil shall be placed over all disturbed areas and permanent vegetative cover established. 17. Where is the proposed destination of the fill material? October 3, 2013 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: LA-0056 4 E. PLANNING STAFF COMMENTS: No comments F. SUBDIVISION COMMITTEE: Joe White of White-Daters & Associates was present representing the applicant. Staff presented an overview of the variance application. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. G. ANALYSIS: The applicant is proposing to clear and grade approximately 6.5 acres. Fill material will be cut from the subject property and trucked to the property on the south side of Colonel Glenn Road between Bowman Road and Lawson Road. The property has been approved for a car dealership. An advanced grading permit was issued for grading to occur on the entire property with construction imminent on a portion of the property. Gravel construction entrances will be located off Colonel Glenn Road. The proposed grading plan shows a maximum 32 ft cut to occur on the subject property. The applicant has agreed that grading will occur expeditiously and the site will be stabilized within 1 year of the issuance of the grading permit. Any damage to city streets or infrastructure will be repaired by the applicant prior to the acceptance and release of the 2 year maintenance bond. Mud, dirt or any debris tracked on paved surfaces must be periodically removed. Erosion control devices will be used during grading operations. The property will be graded to sheet flow stormwater and not pond on the property except in the constructed detention facilities. Maintenance of erosion controls, detention facilities, and construction entrances will occur as needed during the grading period. Within 14 days of completion of the final grading, the disturbed area will be graded with 6 inches of top soil and seeded and vegetated with native grasses. When vegetation is established, the erosion control devices can then be removed. The applicant has amended the application to provide a 50 ft undisturbed buffer measured from the west and north property line. The area adjacent to Colonel Glenn Road will be graded and cleared. A berm will be installed along Colonel Glenn Road. The berm will be constructed with 3:1 side slopes and graded with 6 inches of top soil, seeded, and vegetated with native grasses. The berm will be constructed to a height sufficient to provide visual screening of the completed area from adjacent properties and streets. The area adjacent to east property line will be graded and cleared to the property line. A berm will be installed along the east property line. The berm will be constructed with 3:1 side slopes and graded with 6 inches of top soil, seeded, October 3, 2013 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: LA-0056 5 and vegetated with native grasses. The berm will be constructed to a height sufficient to provide visual screening of the completed area from adjacent properties and streets. Orange fencing will be installed along all undisturbed buffers to prevent entry. H. RECOMMENDATION: Staff recommends approval of the advanced grading variance request subject to compliance with the comments and conditions as outlined in paragraph D of the agenda staff report. In addition to paragraph D, the variance request is subject to compliance with the following condition: 1. A 50 ft undisturbed buffer should be maintained along the western and northern property lines; 2. A berm will be constructed adjacent to Colonel Glenn Road to a height sufficient to provide visual screening of the completed area from adjacent properties and streets. 3. A berm will be constructed adjacent to the east property line to a height sufficient to provide visual screening of the completed area from adjacent properties and streets. PLANNING COMMISSION ACTION: (OCTOBER 3, 2013) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the advanced grading variance request subject to compliance with the comments and conditions as outlined in Paragraph D of the agenda staff report. Staff stated in addition to Paragraph D, the variance request was subject to compliance with the following condition: 1. A 50 foot undisturbed buffer was to be maintained along the western and northern property lines. 2. A berm was to be constructed adjacent to Colonel Glenn Road to a height sufficient to provide visual screening of the completed area from adjacent properties and streets. 3. A berm was to be constructed adjacent to the east property line to a height sufficient to provide visual screening of the completed area from adjacent properties and streets. There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 8 ayes, 0 noes, 2 absent and 1 open position. Q L) W M U) a z z Q J d. .14 I W "11r i- 2 r CL E� -a 0 27 0) ►0 W U) t� W _. y 01 W i Q 6 W II Y is 1141111115 ��eo0 ■o�0 E00e��� �0�o�0eom CL E� -a 0 27 0) ►0 W U) t� W _. y 01 W i Q 6 W II Y is 1141111115 ��eo0 ■o�0 E00e��� CL E� -a 0 27 0) ►0 W U) t� W _. y 01 W i Q 6 W October 3, 2013 There being no further business before the Commission, the meeting was adjourned at 5.10 p.m. Gf Da r Chairman Se reta