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pc_03 10 2011sub LITTLE ROCK PLANNING COMMISSION SUBDIVISION HEARING SUMMARY AND MINUTE RECORD MARCH 10, 2011 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present there being eleven (11) members present. II. Members Present: Tom Brock William Changose Janet Dillon J. T. Ferstl Rebecca Finney Keith Fountain Dan Harpool Troy Laha Obray Nunnley, Jr. Amy Pierce Bill Rector Members Absent: None City Attorney: Cindy Dawson III. Approval of the Minutes of the January 27, 2011 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION SUBDIVISION AGENDA MARCH 10, 2011 OLD BUSINESS: Item Number: File Number: Title: A. Z-8603 West Short-form PD-R, located at 2406 West 13th Street. B. LA-0035 Tract 75 Chenal Valley Champagnolle Office Village Land Alteration Variance Request. C. Z-4470-G Pinnacle Ford Long-form PCD, located on the Northeast corner of Chenal Parkway and Wellington Village Road. D. Z-7603-F Cantrell Falls Revised Long-form POD, located at 14910 Cantrell Road. E. Z-8610 McDonald’s USA Short-form PD-C, located at 104 South University Avenue. F. Z-8614 Islamic Center Short-form PCD, located at 1717 Wright Avenue. G. Z-2940-A Independent Hotel Pine Street Short-form PCD, located on the Southeast corner of West 8th and Pine Streets. H. Z-4411-J Pleasant Ridge Town Center Revised PCD, located on the Southeast corner of Cantrell Road and Pleasant Ridge Drive. NEW BUSINESS: I. PRELIMINARY PLAT: Item Number: File Number: Title: 1. S-1221-F Chalamont – Chenal Valley Phase 18-K Revised Preliminary Plat, located North of Chalamont Drive, just South of Joe T. Robinson School. Agenda, Page Two I. PRELIMINARY PLAT: (CONTINUED) Item Number: File Number: Title: 2. S-1664 On the River Estates Preliminary Plat, located on Pinnacle Valley Road and County Farm Road on the Little Maumelle River. 3. S-1665 Wildwood Ridge Addition Preliminary Plat, located on the West side of Gordon Road and South of Chenal Valley Drive. II. SITE PLAN REVIEW: Item Number: File Number: Title: 4. S-1474-A Kum and Go Subdivision Site Plan Review, located on the Southwest corner of Colonel Glenn Road and South University Avenue. 5. S-1515-B The Cottages of Good Shepard Site Plan Review, located at 2901 Aldersgate Road. 6. Z-3689-J Lisa Academy Zoning Site Plan Review, located on Lot 3R Ensco Parkhill Phase III – Corporate Hill Drive. III. PLANNED DEVELOPMENTS: Item Number: File Number: Title: 7. Z-4923-J Shackleford Crossing Revised Long-form PCD, located on the Southwest corner of Shackleford Road and I-430. 8. Z-5967-D Williams Revised Short-form POD, located at 5819 Young Road. 9. Z-6698-C 3900 John Barrow Road Revised Short-form PCD, located at 3900 John Barrow Road. 10. Z-8472-B Mid-Towne at Fair Park Revised Long-form PCD, located on the Southwest corner of I-630 and Fair Park Boulevard. Agenda, Page Three III. PLANNED DEVELOPMENTS: (CONTINUED) Item Number: File Number: Title: 11. Z-8631 3013 Fair Park Boulevard Short-form PD-O, located at 3013 Fair Park Boulevard. 12. Z-8632 Arkansas Urology Clinic Short-form POD, located on the West side of Centerview Drive just South of Kanis Road. IV. OTHER BUSINESS: Item Number: File Number: Title: 13. G-25-210 LaGrande Drive street name change to St. Vincent Way LaGrande Drive between Chenal Parkway and Rahling Road. March 10, 2011 ITEM NO.: A FILE NO.: Z-8603 NAME: West Short-form PD-R LOCATION: Located at 2406 West 13th Street DEVELOPER: Ms. Ruthie West 2907 Summit Street Little Rock, AR 72206 ENGINEER: Butler Surveying Group P.O. Box 13087 Maumelle, AR 72113 AREA: 0.16 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: Single-family residential – Central High DOD, Allow the front porch to remain enclosed VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The property is located at 2406 West 13th Street and is located within the Central High Design Overlay District boundaries. The property is currently under enforcement. The owner has enclosed the front porch of this home, which is not allowed per the Central High Design Overlay District. The DOD states the primary entrance to the structure shall be consistent with that of other structures on the developed block face. The ordinance also states all residential structures must have a front porch that is a passageway from the street to the front door of the unit on new residential construction and additions/modifications to the front façade of existing residential structures. March 10, 2011 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-8603 2 The applicant’s cover letter indicates she is primarily responsible for her 83-year old father who lives in the home and suffers from Alzheimer’s, heart disease and has a number of other medical concerns. She states the front porch was enclosed to allow her father to sit outside without concern for him. The Bill of Assurance for this site does not address this specific request. B. EXISTING CONDITIONS: The home is located one block north of Central High School and is the second house from the corner of Rice Street located on West 13th Street. The lot immediately to the west of this home is vacant. The home to the east is an occupied single-family residence. The uses in this immediate area along West 12th and 13th Streets are single-family and two-family residences. There is an area of commercial located along West 12th Street to the northeast and northwest at the intersections of West 12th and Park, Dennison and Jones Streets. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a few informational phone calls from area residents. All property owners located within 200-feet of the site all residents, who could be identified, located within 300-feet, and the Central High Neighborhood Association were notified of the public hearing. The Central High Neighborhood Association has submitted a letter indicating opposition to the request. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: No comment. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: Approved as submitted. Center-Point Energy: Approved as submitted. AT & T: No comment received. March 10, 2011 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-8603 3 Central Arkansas Water: No objection. All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water regarding the size and location of the water meter. Fire Department: Approved as submitted. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. Parks and Recreation: No comment. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Central City Planning District. The Land Use Plan shows Residential Low Density for this property. The applicant has applied for a rezoning to Planned Development Residential to allow a variance from the Central High DOD. The request does not require a change to the Land Use Plan. This area is not covered by a Neighborhood Action Plan. Master Street Plan: West 13th Street is a Local Street. The primary function of a Local Street is to provide access to adjacent properties. Local Streets which are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. These streets have a design standard the same as a Collector. Bicycle Plan: There are no bike routes shown in the immediate vicinity. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (October 14, 2010) Ms. West was present representing the request. Staff presented an overview of the request stating the applicant had enclosed the front porch of her home located on West 13th Street which was in violation of the Central High Design Overlay District. Staff stated the violation was under enforcement and the applicant was requesting a rezoning to PD-R to allow the enclosed porch to remain as presently constructed. Ms. West stated the new construction made the home look better and was done to allow her father to stay outdoors and not be concerned for his safety or him wandering away due to his health condition. March 10, 2011 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-8603 4 Staff noted there were few comments from the other reporting departments and agencies. 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 October 14, 2010, Subdivision Committee meeting requiring a revised site plan. The applicant is requesting to be allowed to maintain the enclosed front porch which is in violation of the Central High Design Overlay District. The construction was done without review by the Planning Department prior to construction and the applicant did not purchase a permit for the improvements. The DOD states in order to ensure compatibility with the historic nature of the neighborhood all new construction and addition are to be reviewed by the Department of Planning and Development prior to the issuance of a building permit. The department is to review the plans for consistency with the detailed requirements of the DOD to determine consistency with the ordinance. The ordinance states primary entrances are to be consistent with that of other structures on the developed block face. The ordinance also states residential structures must have a front porch that is a passageway from the street to the front door of the unit on new residential construction and additions/modifications to the front façade of an existing residential structure. Based on the requirements of the DOD staff cannot support the request. The enclosure is out of character with the remainder of the homes on the block. All other houses on the block have front porches as did this home before it was enclosed. The DOD was approved on October 20, 2009. Staff does not feel the enclosure of the front porch meets the intent of the Central High Design Overlay District. I. STAFF RECOMMENDATION: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (NOVEMBER 4, 2010) The applicant was present. There were registered objectors present. Staff presented the item stating the applicant was seeking a deferral of the item to the December 16, 2010, public hearing. The applicant approached the Commission stating additional time was needed to gather information to present to staff. March 10, 2011 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-8603 5 The Chair entertained a motion for a By-law waiver for the late deferral request. The motion carried by a vote of 9 ayes, 0 noes, 0 absent and 2 open positions. The Chair entertained a motion for approval of the deferral request to the December 16, 2010, public hearing. The motion carried by a vote of 9 ayes, 0 noes, 0 absent and 2 open positions. STAFF UPDATE: There has been no change to this application request since the previous staff write-up and analysis. Staff continues to recommend denial of the request. PLANNING COMMISSION ACTION: (DECEMBER 16, 2010) Mr. Steve Morley and Ms. West were present representing the request. There were registered objectors present. Staff presented the item with a recommendation of denial. Mr. Morley stated his client had indicated to him the improvements were completed prior to the adoption of the DOD for Central High. He stated Ms. West had provided staff with receipts indicating the purchase of materials prior to the adoption of the DOD. Chairman Yates questioned Ms. Cindy Dawson, Deputy City Attorney, if the Commission should hear the request if in fact the improvements were completed prior to the adoption of the DOD. Ms. Dawson stated she and staff would need to review the information provided by Ms. West to determine if in fact the improvements were completed prior to the DOD adoption. Mr. Tony Bozynski, Director of Planning and Development, stated he would need to confer with the enforcement officer to determine if the improvements were completed prior to the adoption of the DOD. Chairman Yates requested a deferral of the item to allow staff to make the determination as to when the improvements were completed. A motion was made to defer the item to the January 27, 2011 public hearing to allow sufficient time to determine if the improvements were completed prior to the adoption of the DOD. The motion carried by a vote of 9 ayes, 0 noes, 0 absent and 2 open positions. STAFF UPDATE: Staff is meeting with the applicant to determine if the work was completed prior to the adoption of the Central High Design Overlay District. Staff will provide the Commission with an update at the January 27, 2011, public hearing. March 10, 2011 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-8603 6 PLANNING COMMISSION ACTION: (JANUARY 27, 2011) The applicant was present. There were no registered objectors present. Staff presented the item stating since Ms. West was challenging staff’s determination that the work was completed prior to the adoption of the Central High Design Overlay District they felt the Zoning Board of Adjustment should hear and decide the case as an appeal of staff’s determination of when the work was completed. Staff stated the item would be placed on the Zoning Board of Adjustment’s February 28, 2011, docket. Staff stated if the Zoning Board of Adjustment ruled against Ms. West and found there was not sufficient documentation to determine the work was completed prior to the adoption of the Central High DOD the item would be retuned to the Planning Commission at their March 10, 2011, public hearing to determine the appropriateness of the enclosure of the front porch. Staff stated if the Zoning Board of Adjustment felt there was sufficient documentation to determine the enclosure was completed prior to the adoption of the Central High DOD then the would be presented with a recommendation of withdrawal at the Commission’s March 10, 2011, 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 9 ayes, 0 noes and 2 absent. STAFF UPDATE: This item was reviewed by the City of Little Rock Zoning Board of Adjustment at their February 28, 2011, public hearing. The Zoning Board of Adjustment determined the work was started prior to the adoption of the Central High Design Overlay District. Staff recommends withdrawal of this item. PLANNING COMMISSION ACTION: (MARCH 10, 2011) The applicant was not present. There were no registered objectors present. Staff presented the item stating the item was reviewed by the City of Little Rock Zoning Board of Adjustment at their February 28, 2011, public hearing. Staff stated the Zoning Board of Adjustment had determined the work was started prior to the adoption of the Central High Design Overlay District therefore there was no violation of the DOD. Staff presented a recommendation of withdrawal of the item. 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 11 ayes, 0 noes and 0 absent. March 10, 2011 ITEM NO.: B FILE NO.: LA-0035 NAME: Tract 75 Chenal Valley Champagnolle Office Village Advanced Grading Variance Request LOCATION: NW Corner of Rahling Road and Champagnolle Drive, Chenal Valley Tract 75 APPLICANT: Deltic Timber Corporation APPLICANT’S REPRESENTATIVE: White-Daters & Associates AREA: Approximately 3.5 Acres CURRENT ZONING: Planned Office Development (POD) VARIANCES/WAIVERS REQUESTED: A variance from the Land Alteration Regulations to advance grade without construction being imminent. A. PROPOSAL/REQUEST: The applicant is requesting a variance from the Land Alteration Regulations to advance fill 3.5 acres of Chenal Valley Tract 75 without construction being imminent. The site is located on the northwest corner of Rahling Road and Champagnolle Drive. The fill material will be hauled to this site from Chenal Valley Tract 132 which is located on Chenonceau Boulevard. Tract 132 was recently approved for an apartment development. The 3.5 acres is part of a 8 acre tract, zoned POD. The applicant desires to excavate approximately 23,000 cubic yards of dirt from Tract 132 which has excess material and use the excess material as fill for this site. The fill will be placed in the floodplain area located on this property. B. EXISTING CONDITIONS: The 3.5 acre wooded site is part of an undeveloped 8 acre tract, Chenal Valley, Tract 75, zoned POD. The site was approved July 1, 2010 for a phased office development. The approved site plan indicates 14 office buildings with supporting parking areas. The property is adjacent to Rock Creek on the north, Rahling Road on the east and Champagnolle Drive on the south. South of Champagnolle Drive is an undeveloped wooded tract zoned C-1 and C-2. To the west of Tract 75, is the Witry Court residential subdivision. Approximately 200 feet of undisturbed area will be provided between the proposed fill area and the residential subdivision. Of this 200 feet, approximately 150 feet is zoned OS, Open Space. March 10, 2011 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: LA-0035 2 C. NEIGHBORHOOD COMMENTS: As of the time of writing, staff has not received any inquiries into the variance application. All adjacent property owners including those across streets or alleys from the subject property were given notice. D. ENGINEERING COMMENTS: 1. Provide location of vehicle tracking pad constructed per Little Rock Code Section 20-190(12). 2. A grading permit in accordance with Section 29-186(c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of excavation. 3. 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. 4. Per Section 29-189(d), groups of trees and individual trees that are not to be removed or are located within required undisturbed buffer areas shall be protected during construction by protective fencing and shall not be used for material storage or for any more purpose. 5. Vegetation must be established on disturbed area within 21 days on completion of harvest activities. 6. Erosion controls must be installed to reduce discharge of polluted stormwater. 7. A perimeter buffer strip shall be temporarily maintained around disturbed areas and shall be six percent (6%) of the lot width and depth with a minimum width of 25 feet and a maximum width of 40 feet. 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. E. SUBDIVISION COMMITTEE: Joe White of White-Daters & Associates was present representing the applicant. Staff presented an overview of the variance application stating the applicant’s desire to advance grade and fill the site. Staff stated the dirt would be hauled from the Chenonceau Boulevard site which the Commission recently approved for multi-family development to this site. Mr. White stated the site located across Rahling Road would also receive dirt from the multi-family site. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. March 10, 2011 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: LA-0035 3 F. ANALYSIS: The site plan has been revised to show a 25 foot temporary undisturbed buffer to be provided along Champagnolle Drive on the southern property line with a construction entrance. A 40 foot undisturbed buffer is to be provided along Rahling Road on the eastern property line. The applicant is requesting to fill the eastern 3.5 acres of Tract 75. The area of fill is located in the floodplain. The approved POD site plan includes 8 acres and indicates 14 office buildings and associated parking. The approved POD indicates an undisturbed buffer of 200 feet from the residential lots located west of the site. This buffer includes a 100 foot strip of open space and a 50 foot undisturbed buffer. Approximately 23,000 cubic yards of material is planned to fill the floodplain on the site with the maximum fill being approximately 6 vertical feet. At the completion of the excavation, the disturbed area will be vegetated. Drainage will sheet flow from the filled area toward Rock Creek located to the north of the site. At the time of writing, a project is not proposed to begin construction on Tract 75 following the completion of the advanced grading activities. Section 29-186(b) of the Land Alteration Regulations state no land alteration shall be permitted until all necessary City approvals of all plans and permits, except building permit, have been issued and construction is imminent. Per the Land Alteration Regulations, imminent construction is defined as the installation of a foundation or erection of a structure without unreasonable delay following land alteration activities. Section 29-168 of the Land Alteration Regulations states the purposes of the Land Alteration Regulations are to: 1. Prohibit the indiscriminate clearing of property; 2. Prevent excessive grading, clearing, filling, cutting or similar activities; 3. Prevent the pollution of streams, ponds and other watercourses by sediment; 4. Preserve natural vegetation which enhances the quality of life of the community; 5. Preserve the contours or the natural landscape and land forms. G. RECOMMENDATION: Staff recommends denial of this variance application due to the fact the Land Alteration Regulations were developed to prohibit this very activity in the City of Little Rock. The Land Alteration Regulations clearly state in Section 29-168 as provided above that the purpose of the regulations are to prohibit indiscriminate clearing of property; to preserve natural vegetation; and preserve the contours or natural landscape and land forms. At this time, Deltic Timber does not have a buyer for the property and no one knows how long the property will sit before it is sold and developed. March 10, 2011 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: LA-0035 4 If the variance application is approved, staff would recommend the approval be subject to the comments found in paragraph D. Staff also believes the advanced grading should comply with the following: 1. A 25 foot undisturbed buffer maintained along Champagnolle Drive with the one construction entrance a maximum width of 26 feet. The construction entrance should be designed to obstruct the view of the filled area from Champagnolle Drive. 2. Section 29-170(j), damage to private and public property due to hauling operations or operation of construction related equipment from a nearby construction site shall be repaired by the responsible party at the completion of the filling activities. 3. A grading permit will not be issued for the advanced grading on Tract 75 until a grading permit is issued for the grading and excavation to begin on Tract 132 located on Chenonceau Boulevard. 4. Excavated material from Tract 132 can only be used on Tract 75 as requested by this application and the St. Vincent Hospital West Campus site located to the east. 5. Measures to control the increase in stormwater runoff from the excavated area should be implemented to not damage adjacent property. 6. Erosion controls must be installed to reduce discharge of polluted stormwater into Rock Creek. 7. At the completion of advanced grading and filling, all disturbed areas should be mulched and revegetated within 21 days. PLANNING COMMISSION ACTION: (JANUARY 27, 2011) Mr. Tim Daters of White-Daters and Associates was present representing the request. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated January 26, 2011, requesting deferral of this item to the March 10, 2011, public hearing. Staff stated the deferral request was not made as typically required by the Commission’s By-laws. Staff stated the deferral request would require a waiver of the Commissions By-laws with regard to the late deferral request. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The Chair entertained a motion of approval of By-law waiver with regard to the late deferral request. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. The Chair entertained a motion of approval of the item as presented by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. March 10, 2011 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: LA-0035 5 STAFF UPDATE: There has been no change to this application request since the previous staff write-up. Staff continues to recommend denial of the request. PLANNING COMMISSION ACTION: (MARCH 10, 2011) Mr. Tim Daters and Mr. Bill Spivey were present representing the request. There were registered objectors present. Staff stated the request had been amended to limit the clearing to 2.5 acres. Staff stated the developer was proposing to construct a temporary earthen berm along the edge of the fill along the abutting streets. Staff stated the berm would be approximately six to eight feet above the adjacent fill elevation and the developers were proposing to establish a solid grass cover after the grading activities. Staff stated they were still not supportive of the request and presented a recommendation of denial. Mr. Tim Daters addressed the Commission stating this was an expansion of the approved site plan for the apartments located on Tract 132. He stated there was excess material on Tract 132 in the range of 23,000 cubic yards. Mr. Daters stated the plan had been revised to limit the clearing to 3 ½ acres. He stated additional buffers would be placed around the sites perimeters to limit the visual aspects of the clearing. Mr. Daters provided the Commission with sight profiles and lines of sight into the area to be graded from the adjacent neighborhood and the adjacent streets. He stated there would be approximately eight foot of fill with 3:1 slopes. He stated this would allow the site to be filled to one foot above the 100-year flood elevation. Ms. Susan Freeman addressed the Commission in opposition of the request. She stated the adjacent neighborhood, Witry Court, had met with the developer and were still not in support of the request. She stated the site was not intended for development in the near future and should not be cleared. She stated the residents understood once the site was developed the trees would be removed but she did not want the developers to speculatively clear the site without a potential development. Ms. Angie Day addressed the Commission in opposition of the request. She stated she was opposed to the clearing of the site without a development. She stated once the lots were sold then the lots should be cleared. She requested the Commission deny the request. Ms. Ruth Bell, representing the League of Women Voters, addressed the Commission in opposition of the request. She stated the ordinance was approved to limit this activity. She stated 1000 of hours were put into adoption of the Land Alteration March 10, 2011 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: LA-0035 6 Ordinance and every time the Commission approved a variance request it was a degradation of the ordinance. Mr. Bill Spivey addressed the Commission as a representative of the Developer. He stated the Commission approved a variance request at their July 2010, public hearing to allow the material from Tract 132 to be moved from Chenonceau to the property across the street from this site. He stated the variance request approval included conditions as would the approval of this application request. He stated Deltic had met with the neighbors of Witry on a number of occasions and had agreed to zoning changes and to installing gates at their subdivision entrance. He stated with the zoning change a 100 foot OS zoned strip was placed between the development and the homes and there was an additional 50 foot buffer proposed with the office development. He stated the Commission had the ability to grant variances from the City’s Land Alteration Ordinance when the variance request was logical. He stated the Commission also had the ability to impose conditions on their approval. Mr. Daters stated the problem was there were not as many developments within the City as there were four years ago. He stated with the current conditions the need for fill material was limited. He stated the St. Vincent’s site accepted material from the ball filed construction at the Joe T Robinson School. He stated once this occurred all the material from Tract 132 suddenly was not needed at the St. Vincent’s site. Mr. Daters stated when there was not a site in Little Rock to receive the material then material was hauled to North Shore in North Little Rock or out Highway 300. He stated North Little Rock was expanding developable land with material hauled from Little Rock. There was general discussion by the Commission concerning the Land Alteration Ordinance and the reason for adoption of the ordinance. Commissioner Rector stated the out cry for the ordinance was not clearing in this manner. He stated the Commission was not degrading the ordinance by allowing variances when the variance made sense. He stated the developers had to move excess material and this was an efficient way to move the material. The Commission questioned Mr. Daters as to the amount of material that would be received by this site. Mr. Daters stated approximately 1/3 of the material. The Commission questioned if the apartment development on Tract 132 would occur is the material was not removed from the site. Mr. Dates stated the economics for the development did not work unless the material was moved from Tract 132. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 9 ayes, 1 noes, 0 absent and 1 abstention (Commissioner Nunnley). March 10, 2011 ITEM NO.: C FILE NO.: Z-4470-G NAME: Pinnacle Ford Long-form PCD LOCATION: Located on the Northeast corner of Chenal Parkway and Wellington Village Road DEVELOPER: Crain Automotive Holdings LLC 15400 Chenal Parkway Little Rock, AR 72223 ENGINEER: White Daters and Associates #24 Rahling Circle Little Rock, AR 72223 AREA: 7.6 acres NUMBER OF LOTS: 4 FT. NEW STREET: 0 LF CURRENT ZONING: C-2, Shopping Center District – CUP for Automobile Dealership ALLOWED USES: General Retail PROPOSED ZONING: PCD PROPOSED USE: C-2, Shopping Center District Uses and Auto paint body or body rebuilding shop VARIANCES/WAIVERS REQUESTED: None requested. The applicant submitted a request dated December 1, 2010, requesting deferral of this item to the January 27, 2011, public hearing. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (DECEMBER 16, 2010) Mr. Joe White of White-Daters and Associates was presented representing the request. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated December 1, 2010, requesting deferral of the March 10, 2011 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-4470-G 2 item to the January 27, 2011, public hearing. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 9 ayes 0 noes, 0 absent and 2 open positions. STAFF UPDATE: The applicant submitted a request dated January 13, 2011, requesting deferral of this item to the March 10, 2011, public hearing. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (JANUARY 27, 2011) Mr. Joe White of White-Daters and Associates was present representing the request. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated January 13, 2011, requesting deferral of this item to the March 10, 2011, public hearing. Staff stated they were supportive of the deferral request. 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 9 ayes, 0 noes and 2 absent. STAFF UPDATE: The applicant submitted a request dated February 25, 2011, requesting a deferral of this item to the April 21, 2011, public hearing. The deferral request will require a By-law waiver with regard to the number of previous deferral requests. Staff recommends approval of the deferral request. PLANNING COMMISSION ACTION: (MARCH 10, 2011) Mr. Joe White of White Daters and Associates was present representing the request. Staff presented the item stating the applicant had submitted a request dated February 25, 2011, requesting a deferral of the item to the April 21, 2011, public hearing. Staff stated the deferral request would require a waiver of the By-laws with regard to the number of previously approved deferral requests. Staff presented a recommendation of approval of the deferral request. March 10, 2011 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-4470-G 3 There was no further discussion of the item. The Chair entertained a motion for approval of the By-law waiver request with regard to the number of previously approved deferrals. The motion carried by a vote of 11 ayes, 0 noes and 0 absent. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 11 ayes, 0 noes and 0 absent. March 10, 2011 ITEM NO.: D FILE NO.: Z-7603-F NAME: Cantrell Falls Revised Long-form PCD LOCATION: Located at 14910 Cantrell Road DEVELOPER: PDC Companies 1501 N. University Avenue Little Rock, AR 72207 ENGINEER: The Holloway Firm, Inc. Mr. Bob Holloway 200 Casey Drive Maumelle, AR 72113 AREA: 7.93 acres NUMBER OF LOTS: 5 FT. NEW STREET: 0 LF CURRENT ZONING: PCD ALLOWED USES: O-3, General Office District and C-3, General Commercial District PROPOSED ZONING: PCD PROPOSED USE: O-3, General Office District and C-3, General Commercial District – add a fifth lot to the development for automotive repair VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: A request to rezone a portion of this site from R-2, Single-family to POD was filed and withdrawn from consideration prior to the June 3, 2004, Planning Commission Public Hearing. The applicant proposed a development to include office and commercial activities on 3.6 acres located along the western portion of this site. (Z-7603) Ordinance No. 19,314 adopted by the Little Rock Board of Directors on April 19, 2005, established PDC Company Short-form POD. The request included the development of a 3.6 acre parcel as a Planned Office Development with a restaurant facility on one of the proposed lots and an office building on the second lot. Lot 1 would develop with a March 10, 2011 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: Z-7603-F 2 restaurant without drive-through service containing 4,500 square feet and Lot 2 would develop with 29,200 square foot of office space. The overall percent for each use on the site was eighty-seven percent office and thirteen percent commercial. The approval established the hours of operation from 6 am to midnight seven days per week. The development has not been constructed. (Z-7603-A) On June 22, 2006, the Little Rock Planning Commission denied a request to allow 14910 Cantrell Road (adjacent to the east) and the PDC Company Short-form POD to be rezoned from R-2, Single-family and POD to PCD to allow a four-lot subdivision with a combination of sit-down and drive-through restaurants. The lots varied in size from 1.3 acres to 2.5 acres. Restaurant sizes range from 4,100 square feet to 7,200 square feet. A cul-de-sac would be constructed as a public street from Highway 10 through the middle of the lots to provide public street frontage for each lot. The developer requested the flexibility to shift lot area and restaurant size within the development to accommodate a variety of tenants. A 40-foot access and utility easement was proposed from the cul-de-sac to a property located to the east of the site. The site was approved as a PCD to allow the construction of a strip retail center with no parking or access located along the rear of the building. According to the applicant access to the site to the east would allow circulation between developments and limit the need for vehicles to access Cantrell Road from the development site. Placement of the access easement would allow vehicles from as far west as Regions Bank to access the existing traffic signal for protected left turns. The item was not appealed to the Board of Directors. (Z-7603-B) On January 18, 2007, the Planning Commission approved a rezoning of 14910 Cantrell Road from R-2, Single-family to PCD which allowed the development of 4.2 acres as a two lot development. The site plan indicated two buildings would be constructed on the site. A building containing 7,200 square feet and 107 parking spaces was proposed on the lot fronting Cantrell Road and a second building containing 6,300 square feet and 110 parking spaces was proposed for the rear lot. A maximum of 13,000 square feet of restaurant space was approved. A selected list of commercial uses was approved for the site other than a restaurant. The hours of operation for a restaurant facility were limited to 10:00 am to midnight seven days per week. The lots were proposed each containing in excess of two acres. Access to the development was proposed through a 24-foot drive located along the western perimeter of the site and was to be shared with the property approved for PDC Short-form POD located to the west proposed for future development with office and commercial uses. On February 6, 2007, the Little Rock Board of Directors approved Ordinance No. 19,694 allowing the rezoning. The following uses were approved as allowable uses for the development: Bank or savings and loan, Book and stationary store, Camera shop, Clinic (medical, dental or optical), Clothing store, Eating place without drive-in service, Florist shop, Furniture March 10, 2011 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: Z-7603-F 3 store, Hardware or sporting goods store, Health studio or spa, Jewelry store, Laundry, domestic cleaning, Office (general and professional), Optical shop, Photography studio, Retail uses not listed (enclosed). A definition of a “sit down restaurant” was also approved. A “sit down restaurant” is a type of restaurant, which provides tables where one sits down to eat a meal, typically served by wait staff. Historically called simply restaurants, following the rise of fast food restaurants, a retronym for the older “standard” restaurant was created. Most commonly, “sit down restaurant” refers to a casual dining restaurant with table service rather than a fast food service where one orders food at a counter. Sit down restaurants are often further categorized as “family style” or “formal”. (Z-7603-C) Ordinance No. 19,946 adopted by the Little Rock Board of Directors on April 1, 2008, rezoned both 14910 and the PDC development from POD and PCD to PCD. The approval allowed a 3,400 square foot drive-through restaurant on Lot 1, a 29,180 square foot office building on Lot 2, a 6,560 square foot restaurant on Lot 3 and a 6,000 square foot restaurant, a 10,500 square foot retail center and a 2,000 square foot bank on Lot 4. The hours of operation for the development were approved from 6:00 am to midnight seven days per week for Lots 1, 2 and 4 and from 10:00 am to midnight seven days per week for Lot 3. The hours of dumpster service and the service hours of supplies were limited to daylight hours. The approved uses were limited to the following: Bank or savings and loan, Book and stationary store, Camera shop, Clinic (medical, dental or optical), Clothing store, Eating place without drive-in service, Florist shop, Furniture store, Hardware or sporting goods store, Health studio or spa, Jewelry store, Laundry, domestic cleaning, Office (general and professional), Optical shop, Photography studio, Retail uses not listed (enclosed). The development was required to construct an earthen berm along the Cantrell Road frontage within the 40-foot landscape strip constructed to a minimum height of 42-inches measured from the average grade of the site. Within the 40-foot landscape strip an earthen sculpture and stone water feature would be constructed along with the landscaping as typically required to comply with the Highway 10 DOD. On September 18, 2008, the Little Rock Planning Commission denied a request to allow the placement of an individual tenant sign on Lot 1 to serve the Burger King. The denial was appealed to the Board of Directors and scheduled to be heard on January 5, 2009, but was withdrawn by the applicant prior to the public hearing. March 10, 2011 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: Z-7603-F 4 A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is now proposing to amend the previously approved PCD to allow a modification to the site plan along the eastern portion of the site (Lots 3 and 4). The applicant is proposing to create an additional lot along the eastern perimeter to allow the construction of an automotive repair shop within this area in addition to the sit down restaurant and stand alone retail building. The revised site plan allows for a reduction of parking in an effort to create additional landscaped areas. The revised plan includes Lot 1 which has developed with a 2,800 square foot restaurant with a drive-through facility, Lot 2 which is proposed to be developed with a 28,980 square foot office building. Lots 3 and 4 are proposed to be divided into three (3) lots. A 6,560 square foot restaurant building is to be located on Lot 3. Lot 4 is proposed to be developed with a 7,200 square foot automotive repair business and Lot 5 is proposed to be developed with a 5,000 square foot restaurant building. The development is indicated with cross access and cross parking. Located on Lot 1 there are 30 parking spaces and on Lot 2 there are 74 parking spaces. Lot 3 is indicated containing 106 parking spaces. Lot 4 is proposed containing 30 parking spaces and Lot 5 is indicated containing 53 parking spaces. B. EXISTING CONDITIONS: The entire site was cleared and leveled with the construction of the Burger King restaurant. No other buildings have been constructed. To the east of the site is the Wal-Greens development, a strip retail center and Catfish City is located further east. The area to the north is vacant and undeveloped; currently zoned R-2, Single-family. To the west of the site is a branch bank adjacent to Cantrell Road and a dentist office and medical office are located in the rear of the site on separate lots. To the south of the site are vacant properties zoned R-2, Single-family. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a number of informational phone calls from area residents. All property owners located within 200-feet of the site, all residents, who could be identified, located within 300 feet of the site, the Tulley Cove Neighborhood Association, the Pinnacle Valley Neighborhood Association, Secluded Hills Property Owners Association, the Westchester Heatherbrae Property Owners Association and the Westbury Neighborhood Association were notified of the public hearing. March 10, 2011 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: Z-7603-F 5 D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 2. Sidewalks with appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan along with Cantrell Road and both sides of the public access easement. 3. The medians should be removed from the right turn lane and the intersection. Handicap ramps should cross the entrance driveway into the development at the property line. 4. Private access is proposed for these lots. In accordance with Section 31-207, private streets must be designed to the same standards as public streets. A minimum access easement width of 60 feet is required and street width of 36 feet from back of curb to back of curb. 5. Stormwater detention ordinance applies to this property. 6. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 7. If disturbed area is one (1) or more acres, obtain a NPDES stormwater permit from the Arkansas Department of Environmental Quality prior to the start of construction. 8. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. 9. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). 10. The development is showing a driveway access to the property to the east. This driveway access has not been recommended by staff in the past and should not installed with this revised application. For additional information, contact Bill Henry with Traffic Engineering at 379-1816. 11. Vehicle parking is not allowed along the drive access to the property to the east. If the property to the east has similar parking along their access drive, the parking must be removed. March 10, 2011 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: Z-7603-F 6 E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required with easements for Lots 3 and 4. Contact Little Rock Wastewater Utility for additional information. Entergy: No comment received. Center-Point Energy: Approved as submitted. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. The Little Rock Fire Department needs to evaluate this site to determine if addition public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer’s expense. Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. Contact Central Arkansas Water regarding the size and location of the water meter. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW’s Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. March 10, 2011 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: Z-7603-F 7 CATA: The site is located on CATA Bus Route #25 – the Highway 10 Express Route. Parks and Recreation: No comment. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the River Mountain Planning District. The Land Use Plan shows Mixed Use for this property. The applicant has applied for a revised Planned Commercial Development for a commercial and office use. This area is covered by the River Mountain Neighborhood Action Plan. The Sustainable Natural Environment Goal states: “Promote vigorous enforcement of Landscaping & Excavation Ordinance.” Master Street Plan: Cantrell Road is a Principal Arterial. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Cantrell Road since it is a Principal Arterial. The street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes in the immediate vicinity. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. G. SUBDIVISION COMMITTEE COMMENT: (November 24, 2010) Mr. Eric Holloway of the Holloway Firm was present representing the request. Staff presented an overview of the development stating there were a number of outstanding technical issues associated with the request in need of addressing. Staff requested details of the proposed signage including building signage and ground signage. Staff also stated there were specific uses approved with the original approval and question if there were any additional uses, other than auto repair, being requested with the revision. Staff also noted specific hours of operation were approved for the restaurant users and questioned if the hours would change. Public Works comments were addressed. Staff stated the drive indicated to connect to the property to the east should be removed. Staff stated the drive had been discussed on a number of occasions and was not supported by staff. Staff March 10, 2011 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: Z-7603-F 8 stated a grading permit would be required at the time of development. Staff also stated a private access was proposed to the lots. Staff stated private access was to be designed to public street standard. Staff stated a minimum access easement of 60 feet and 36 feet of pavement was required to serve the development. Landscaping comments were addressed. Staff stated a minimum landscape strip of nine feet was required along the common lot lines. Staff also stated all interior islands were to comply with the minimum standards of the Landscape Ordinance. 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 November 24, 2010, Subdivision Committee meeting. The revised plan has removed the driveway connection to the development to the east, indicated the nine (9) foot minimum landscape strip along the common lot lines and indicated the signage plan. The applicant is requesting to amend the hours of operation for Lots 1, 2, 4 and 5 to be from 6:00 am to midnight seven days per week. The hours for Lot 3 will remain from 10:00 am to midnight seven days per week. The applicant has not requested to amend the previously approved uses with the exception of the addition of automotive repair. The uses previously approved are limited to the following: Bank or savings and loan, Book and stationary store, Camera shop, Clinic (medical, dental or optical), Clothing store, Eating place without drive-in service, Florist shop, Furniture store, Hardware or sporting goods store, Health studio or spa, Jewelry store, Laundry, domestic cleaning, Office (general and professional), Optical shop, Photography studio, Retail uses not listed (enclosed) and Automotive repair. The applicant is proposing to amend the previously approved PCD to allow a modification to the site plan along the eastern portion of the site. The applicant is proposing to create an additional lot along the eastern perimeter and allow the construction of an automotive repair shop within this area. Along the eastern perimeter there will be a sit down restaurant located to the rear of the site and stand alone retail building located along Cantrell Road. March 10, 2011 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: Z-7603-F 9 Lot 1 has developed with a 2,800 square foot restaurant with a drive-through facility. Lot 2 is proposed to be developed with a 28,980 square foot office building. Lots 3 and 4 are proposed to be divided into Lots 3, 4 and 5. A 6,560 square foot restaurant building is proposed to be developed on Lot 3. The plan indicates Lot 4 to be developed with a 7,200 square foot automotive repair business and Lot 5 to be developed with a 5,000 square foot restaurant building. The development is indicated with cross access and cross parking. Located on Lot 1 there are 30 parking spaces and on Lot 2 there are 74 parking spaces. Lot 3 is indicated containing 87 parking spaces. Lot 4 is proposed containing 29 parking spaces and Lot 5 is indicated containing 49 parking spaces. Lot 1 is existing. Lot 2 is proposed for the development of an office building which would typically require the placement of 72 parking spaces. Lot 3 is proposed with a restaurant building which would typically require the placement of 65 parking spaces. Lot 4 is proposed as automotive repair which would typically require the placement of 24 parking spaces and Lot 5 is proposed with a restaurant which would typically require the placement of 50 parking spaces. No new ground signage is proposed along Cantrell Road. Each of the interior lots will be allowed a ground sign not to exceed six feet in height and sixty square feet in area. Building signage for Lots 2 – 4 will be allowed on the front facades of the buildings or on the façade abutting the access easement. Although the overall square footage of the retail portion of the development has not changed significantly staff is not supportive of the request. The previously approved plan and uses allowed for a more neighborhood friendly retail development and did not include automotive type uses. Typically automotive repair is a use that is allow in strictly commercial areas and typically not developed within or in close proximity to office and residential developments. Staff has concerns with the potential future development of the site if the site takes on this type use. Staff feels to add automotive repair to the site will only push the commercial node further away from the intended intersection of Cantrell and Taylor Loop Roads. Staff feels the retail development of this site should maintain the original intended uses of neighborhood type retail uses limited to uses which serve the immediate neighborhood. I. STAFF RECOMMENDATION: Staff recommends denial of the request as filed. March 10, 2011 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: Z-7603-F 10 PLANNING COMMISSION ACTION: (DECEMBER 16, 2010) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had requested a deferral of the item on this date to the January 27, 2011 public hearing. Staff stated the deferral request would require a waiver of the Commission’s By-laws with regard to the late deferral request. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The chair entertained a motion for approval of the By-law waiver with regard to the late deferral request. The motion carried by a vote of 9 ayes 0 noes, 0 absent and 2 open positions. 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, 0 absent and 2 open positions STAFF UPDATE: The applicant submitted a request dated January 13, 2011, requesting deferral of this item to the March 10, 2011, public hearing. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (JANUARY 27, 2011) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated January 13, 2011, requesting deferral of this item to the March 10, 2011, public hearing. Staff stated they were supportive of the deferral request. 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 9 ayes, 0 noes and 2 absent. STAFF UPDATE: In the proposal request section of the staff write-up, staff incorrectly stated the office building proposed to be located on Lot 2 contained 28,980 square feet. The proposed building on Lot 2 was approved to contain 29,180 square feet. There is no change. Lot 5 is proposed to contain a 6,000 square foot restaurant and not a 5,000 square foot restaurant as indicated in the previous staff write-up. The Analysis section states the hours of operation will be amended for Lots 1 – 5 when in fact the hours are as were approved for the development. March 10, 2011 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: Z-7603-F 11 Staff continues to not support the request. The applicant is requesting approval of an automotive repair business (tire and brake store) within the development which was approved with a mix of uses intended to serve the near by neighborhoods. A few of the listed approved uses were a bank, book store, camera shop, medical clinic, florist shop, health studio or spa, which are typically not destination businesses but are developed in close proximity to the neighborhoods they serve. Staff continues to have concerns with the potential future uses of the site should the tire and brake store be approved located within the heart of the development. Staff continues to feel this type business is a destination business and not in keeping with the original approval for neighborhood type retail uses which serve the near by residents. PLANNING COMMISSION ACTION: (MARCH 10, 2011) The applicant was present. There were registered objectors present. Staff presented the item with a recommendation of denial. Mr. Phil Wyle addressed the Commission as the applicant. He stated the request was to amend the PCD to allow the creation of an additional lot along the eastern perimeter of the development. He stated his company was a tire and brake store and desired to locate on the newly created lot within the development. He stated with the revision to the PCD there was less retail space being requested. He stated unlike staff he did feel his business was a neighborhood retail use. Ms. Celia Martin addressed the Commission in opposition of the request. She stated the neighborhood was opposed to the change. She started the development appeared to be coming back to the Commission to get more and more commercial. She stated the current approval allowed for a destination restaurant on the lot behind the proposed tire and brake center. She questioned what national or local restaurant would want to locate behind a tire center. She also questioned if the office users would want to look and the tire center out their windows. She stated the concern was the amount of traffic the development would potentially generate. She stated the residents were more interested in keeping the previously approved uses, which were more neighborhood retail type uses. She stated this development would potentially dictate the development pattern of the property located to the south of Cantrell Road, which would directly impact the Westchester neighborhood. Ms. Ruth Bell representing the League of Women Voters addressed the Commission in opposition of the request. She stated the Highway 10 DOD established nodes for retail development. She stated the nodes for commercial development were limited to intersections. She stated there were a number of uses in the development that did not appear to go with auto repair. March 10, 2011 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: Z-7603-F 12 Mr. Wyle addressed the Commission once again. He provided the Commission with a visual presentation of other service centers similar to his use and the relationship of these uses to residential areas. He provided the Commission with a visual as to the location of existing businesses, which provided a similar service in relation to the proposed location. The Commission questioned the days and hours of operation for the development. Mr. Wyle stated the business was open from 7:30 am to 5:30 pm Monday thorough Friday and Saturday from 7:30 until noon. The Commission questioned if any activities would take place outside the building. Mr. Wyle stated no. All repairs were made on the inside of the building. The Commission questioned if cars were left outside over night. Mr. Wyle stated all cars were stored inside the building over night. There was a brief discussion concerning construction materials and signage. Mr. Wyle stated the building would be four-sided brick. He stated signage would comply with the approved PCD and the Highway 10 DOD. The Chair entertained a motion for approval of the item including the staff comments located in the paragraphs D, E and F of the agenda staff report. The motion carried by a vote of 10 ayes, 1 no and 0 absent. March 10, 2011 ITEM NO.: E FILE NO.: Z-8610 NAME: McDonald’s USA Short-form PD-C LOCATION: Located at 104 South University Avenue DEVELOPER: McDonald’s USA, LLC 3850 North Causeway Boulevard, Suite 1200 Metairie, LA 70602 ENGINEER: Lee Morris, PE Adams Engineering 910 South Kimball Avenue Southlake, TX 76092 AREA: .9279 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: C-3, General Commercial District ALLOWED USES: General Commercial District Uses PROPOSED ZONING: PCD PROPOSED USE: Restaurant – Mid-town Design Overlay District VARIANCES/WAIVERS REQUESTED: None requested. The applicant submitted a request dated November 29, 2010, requesting deferral of this item to the January 27, 2011, public hearing. The applicant has indicated the deferral request is necessary to allow completion of the traffic study and allow staff sufficient time to review the contents of the study. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (DECEMBER 16, 2010) Mr. Randy Frazier was present representing the request. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated November 29, 2010, requesting a deferral of the item to the January 27, March 10, 2011 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: Z-8610 2 2011, public hearing. Staff stated the applicant had indicated the deferral request was necessary to allow completion of the requested traffic study and allow staff sufficient time to review the contents of the study. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 9 ayes 0 noes, 0 absent and 2 open positions. STAFF UPDATE: The applicant submitted a request dated January 11, 2011, requesting a deferral of this item to the March 10, 2011, public hearing. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (JANUARY 27, 2011) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated January 11, 2011, requesting a deferral of this item to the March 10, 2011, public hearing. Staff stated they were supportive of the deferral request. 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 9 ayes, 0 noes and 2 absent. STAFF UPDATE: The applicant submitted a request dated February 15, 2011, requesting a deferral of this item to the April 21, 2011, public hearing. The deferral request will require a By-law waiver with regard to the number of previous deferral requests. Staff recommends approval of the deferral request. PLANNING COMMISSION ACTION: (MARCH 10, 2011) Mr. Randy Frazier was present representing the request. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated February 15, 2011, requesting a deferral of the item to the April 21, 2011, public hearing. Staff stated the deferral request would require a waiver of the By-laws with regard to the number of previously approved deferral requests. Staff presented a recommendation of approval of the deferral request. March 10, 2011 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: Z-8610 3 There was no further discussion of the item. The Chair entertained a motion for approval of the By-law waiver request with regard to the number of previously approved deferrals. The motion carried by a vote of 11 ayes, 0 noes and 0 absent. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 11 ayes, 0 noes and 0 absent. March 10, 2011 ITEM NO.: F FILE NO.: Z-8614 NAME: Islamic Center Short-form PCD LOCATION: Located at 1717 Wright Avenue DEVELOPER: Islamic Center c/o Muhammad Rashud 1717 Wright Avenue Little Rock, AR 72204 SURVEYOR: Brooks Surveying 20820 Arch Street Pike Hensley, AR 72065 AREA: 0.59 acres NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF CURRENT ZONING: C-3, General Commercial District ALLOWED USES: General Retail Uses PROPOSED ZONING: PCD PROPOSED USE: C-3, General Commercial District – Add outdoor sales of merchandise VARIANCES/WAIVERS REQUESTED: None requested. The applicant failed to respond to comments raised at the November 24, 2010, Subdivision Committee meeting. Staff recommends deferral of this item to the January 27, 2011, public hearing. PLANNING COMMISSION ACTION: (DECEMBER 16, 2010) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had failed to respond to comments raised at the November 24, 2010, Subdivision Committee meeting. Staff presented a recommendation of deferral of this item to the January 27, 2011, public hearing. March 10, 2011 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: Z-8614 2 There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 9 ayes 0 noes, 0 absent and 2 open positions. STAFF UPDATE: There has been no contact by the applicant since the previous public hearing. Staff recommends deferral of this item to the March 10, 2011, public hearing. PLANNING COMMISSION ACTION: (JANUARY 27, 2011) The applicant was not present. There were no registered objectors present. Staff presented the item stating there had been no contact by the applicant since the previous public hearing. Staff presented a recommendation of deferral of this item to the March 10, 2011, 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 9 ayes, 0 noes and 2 absent. STAFF UPDATE: The applicant has contacted staff and requested a deferral of this item to the April 21, 2011, public hearing. The applicant has indicated they are working with the area neighborhood associations concerning the proposed development plan. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (MARCH 10, 2011) The applicant was not present. There were no registered objectors present. Staff presented the items stating the applicant had contacted them and requested a deferral of the item to the April 21, 2011, public hearing. Staff stated the applicant had indicated they are working with the area neighborhood associations concerning the proposed development plan. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 11 ayes, 0 noes and 0 absent. March 10, 2011 ITEM NO.: G FILE NO.: Z-2940-A NAME: Independent Hotel Pine Street Short-form PCD LOCATION: Located on the Southeast corner of West 8th and Pine Streets DEVELOPER: Moses Tucker Real Estate Attn. Wes Lacewell 200 S. River Market Avenue, Suite 300 Little Rock, AR 72201 SURVEYOR: Brooks Surveying 20820 Arch Street Pike Hensley, AR 72065 AREA: 0.895 acres NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF CURRENT ZONING: O-3, General Office District ALLOWED USES: General Office PROPOSED ZONING: PCD PROPOSED USE: Hotel VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The request is a rezoning of this O-3, General Office District site to PCD to allow the construction of a 40-room two-story hotel. Drive locations are on West 8th and South Pine Streets. The building construction is proposed as EFIS, Stone and Hardi-Board Siding. The roof materials are proposed as composition shingles. The building is indicated with a maximum height of 35-feet. March 10, 2011 SUBDIVISION ITEM NO.: G (Cont.) FILE NO.: Z-2940-A 2 B. EXISTING CONDITIONS: The site contains three boarded single-family structures and a boarded garage. To the north of the site is the I-630 Frontage Road and to the west is the County Health Unit. Southwest of the site is a large church. East of the site are occupied single-family homes and south of the site are single-family homes, a few of which appear to be vacant. Pine Street is constructed with curb and gutter. West 8th Street and South Oak Street are substandard streets with open ditches for drainage. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from the area property owners. All property owners located within 200 feet of the site, all residents, who could be identified, located within 300 feet of the site, the Fair Park Residents Association, the Forest Hills Neighborhood Association, the Pine to Woodrow Neighborhood Association, the Hope Neighborhood Association and the Stephens Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Sidewalks with appropriate handicap ramps are required to be extended along 8th Street and Pine Street adjacent to the development in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. 2. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 3. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. 4. Stormwater detention ordinance does not apply. 5. Measures to control the increase in stormwater runoff from the increased impervious surface should be implemented to not damage adjacent property. 6. On site striping and signage plans should be forwarded to Public Works, Traffic Engineering for approval with the site development package. March 10, 2011 SUBDIVISION ITEM NO.: G (Cont.) FILE NO.: Z-2940-A 3 7. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The driveway on Pine Street is to close to the intersection. The driveway must be located as far from the intersection as possible. The width of driveways must not exceed 36 feet. 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. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvements to Oak Street including 5-foot sidewalks with the planned development. The new back of curb should be located at least 18 feet from centerline including drainage improvements. 10. Existing curb cuts not to be used must be closed with curb, gutter, and sidewalks. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. A Capacity Analysis is required prior to Little Rock Wastewater giving approval to serve this project with sewer service. Contact Little Rock Wastewater Utility for additional information. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer's expense. Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. Contact Central Arkansas Water regarding the size and location of the water meter. Due March 10, 2011 SUBDIVISION ITEM NO.: G (Cont.) FILE NO.: Z-2940-A 4 to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW's Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. Parks and Recreation: No comment. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the I-630 Planning District. The Land Use Plan shows Mixed Use - Urban for this property. The applicant has applied for a rezoning from O-3, General Office to Planned Commercial District, to allow the construction of a new Hotel. A Land Use Plan amendment is not required. This area is covered by the 12th Street Study. That planning effort recommended the Pine-Cedar Corridor from I-630 to south of 11th Street be redevelopment into a more ‘urban’ form with two to four story structures, built to the street in a pedestrian friendly form and with a variety of uses to become a new center or core for this portion of Little Rock. Master Street Plan: This application has frontage on Interstate 630, Oak Street and Pine Street. Pine Street is shown as a Collector. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. Oak Street is a Local Street. The primary function of a Local Street is to provide access to adjacent properties. Local Streets, which are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. These streets have a design standard the same as a Collector. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. March 10, 2011 SUBDIVISION ITEM NO.: G (Cont.) FILE NO.: Z-2940-A 5 Bicycle Plan: Existing or proposed Class I, II, or III Bikeways are not in the immediate vicinity of the development. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. The landscape ordinance requires a minimum of eight percent (8%) of the paved areas be landscaped with interior islands of at least 7 ½ feet in width and 150 square feet in area. The interior islands must be evenly distributed throughout the site. 3. Building landscaping will be required with the proposed development. 4. The site is located within the designated Mature Area of the City which allows the minimum street buffer requirement to be reduced to six feet nine inches (6’9”). The site plan as proposed does not meet this minimum requirement along Pine Street. The site plan as proposed does not meet the minimum requirements of the City Landscape Ordinance. A variation from the Landscape Ordinance requirements will require approval from the City Beautiful Commission. 5. The zoning buffer ordinance requires the placement of a minimum land use buffer along the southern perimeter of the site of nine feet (9’). Since the site is located within the designated mature areas the land use buffer may be reduced to six feet nine inches (6’9”). 6. A water source located within 75-feet of the landscaped areas will be required to water areas set aside for landscaping. G. SUBDIVISION COMMITTEE COMMENT: (March 17, 2011) The applicant was present representing the request. Staff presented the item stating there were a number of outstanding technical issues in need of addressing related to the site plan. Staff questioned the location of the mechanical equipment, building elevations and the dumpster location. Staff also questioned the applicant’s proposed signage plan. Public Works comments were addressed. Staff stated the drive located on West 8th Street would require approval by AHTD prior to construction. Staff stated the stormwater detention ordinance would not apply to the development of the lots. Staff stated measures to control the increase in stormwater runoff from the increased impervious surface should be implemented to not damage adjacent property. Staff stated street March 10, 2011 SUBDIVISION ITEM NO.: G (Cont.) FILE NO.: Z-2940-A 6 construction to South Oak Street would be required adjacent to the development area. Staff stated a minimum of 18-feet of pavement would be required from centerline. Landscaping comments were addressed. Staff stated the site plan as proposed did not allow for the minimum landscape strip required by the landscape or buffer ordinances. Staff stated the site was located within the designated mature area which did allow the minimum strip to be reduced to six feet nine inches. Staff stated building landscaping would be required at the time of development. Staff stated the property to the south was zoned residentially and would require screening. Staff stated this could be accomplished by the placement of a six foot fence or wall or by providing plant materials which provided year around screening. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan addressing a number of the issues raised at the February 17, 2011, Subdivision Committee meeting. The applicant has provided building elevations, the location of the mechanical equipment and provided the location of the dumpster facilities. The applicant has also provided staff with the proposed signage plan. The applicant is proposing the building constructed with no openings along the southern and eastern facades in the areas of guest rooms. The office is single story and will have openings on the east façade. The building is proposed with a maximum height of 35-feet. The building is proposed constructed with a shingled roof. The building materials are proposed as EFIS, Stone and vertical Hardi-Board siding. The mechanical equipment for the office portion of the development is located on South Oak Street, adjacent to single-family homes. The applicant has not provided details for the proposed building signage. Staff would recommend signage be limited to signage allowed in office zones or a maximum of ten percent of the façade area abutting the public streets. The ground sign is indicated as eight by twelve with a maximum height of forty feet. The signage is not consistent with signage allowed in office zones. The maximum height and area typically allowed per the zoning ordinance for office zones is six feet high and sixty-four square feet in area. March 10, 2011 SUBDIVISION ITEM NO.: G (Cont.) FILE NO.: Z-2940-A 7 The revised site plan includes additional landscaping along the perimeters. Abutting West 8th Street the site plan indicates a landscape strip ranging from nine feet to twenty feet which is adequate to meet the typical minimum standards of the landscape and buffer ordinances. The landscape strip along South Oak Street ranges from seven feet to seven feet four inches and the landscape strip along South Pine Street ranges from twenty-five feet to five feet (along the southern perimeter adjacent to the parking area) both of which are adequate to meet the typical minimum ordinance requirements of the landscape and buffer ordinances. The landscaping along the southern perimeter adjacent to the paved area is deficient and does not meet the minimum landscape ordinance or the buffer ordinance requirement. Adjacent to the paved area the strip is indicated at three feet. The land use buffer strip adjacent to the building along the southern perimeter is six feet nine inches as required by the buffer ordinance. There are no landscape ordinance requirements in this area. The revised site plan has not addressed the screening requirement along the southern perimeter. The property is adjacent to residentially zoned property which requires the placement of a six foot screen. The screening can be accomplished with the placement of a six foot fence or wall or by placing plantings which provided year around screening. The site is identified on the City’s Future Land Use Plan as Mixed Use Urban or MXU. This 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 area is covered by the 12th Street Corridor Plan which was endorsed by a resolution of support by both the Planning Commission and the Board of Directors. The area between I-630 and 12th Street fronting Pine and Cedar Streets including this area was identified as a primary activity node. That planning effort recommended the Pine-Cedar Corridor from I-630 to south of 11th Street be redevelopment into a more ‘urban’ form with two to four story structures, built to the street in a pedestrian friendly form and with a variety of uses to become a new center or core for this portion of Little Rock. March 10, 2011 SUBDIVISION ITEM NO.: G (Cont.) FILE NO.: Z-2940-A 8 Staff has concerns with the site plan as proposed. The plan does not include the minimum landscaping required per the zoning buffer ordinance and the landscape ordinance. The applicant has not provided the screening required along the southern perimeter adjacent to residentially zoned property. The mechanical equipment is located on South Oak Street adjacent to the residential property and the rear of the building does not include a mechanism to visually reduce the massing of the structure. Staff feels there are a number of issues related to the site plan and the development as proposed does not fit well with the neighborhood. I. STAFF RECOMMENDATION: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (JANUARY 27, 2011) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant did not appear at the January 5, 2011, Subdivision Committee meeting. Staff presented a recommendation of deferral of the item to the March 10, 2011, 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 9 ayes, 0 noes and 2 absent. PLANNING COMMISSION ACTION: (MARCH 10, 2011) The applicant was present. There were no registered objectors present. Staff stated the application had been revised since the staff write-up and recommendation. Staff stated the request was a rezoning of this O-3, General Office District site to PCD to allow the construction of a 38-room two-story hotel. Staff stated the drive locations were on West 8th and South Pine Streets. Staff stated the building construction was proposed as EFIS, Stone and Hardi-Board Siding. Staff stated the roof materials were proposed as composition shingles and the maximum height of the building was 35-feet. Staff stated the applicant had provided them with building elevations, which broke the massing of the structure along the southern and eastern facades. Staff stated the applicant had also indicated the placement of plantings within this area to also aid in breaking the massing of these walls. Staff stated the revised plan had also relocated the mechanical equipment from South Oak Street to the interior of the development. March 10, 2011 SUBDIVISION ITEM NO.: G (Cont.) FILE NO.: Z-2940-A 9 Staff stated the applicant had indicated a pole sign 36-feet in height and 120 square feet in area. Staff stated they had contacted the applicant and indicated they did not support a sign of this size. Staff stated the applicant was now requesting a monument sign ten feet in height and one hundred square feet in area. Staff stated building signage was to be limited to signage allowed in office zones or a maximum of ten percent of the façade area abutting the public streets. Staff stated the revised site plan included additional landscaping along the perimeters. Staff stated the site plan indicated the placement of two parking spaces which in staff’s opinion could be removed to allow for proper buffering along West 8th and South Pine Streets. Staff stated the remaining areas were indicated with adequate landscape to meet the City’s landscape and buffer ordinance requirements. Staff stated the applicant had agreed to these conditions as well. Staff stated the applicant was willing to install a six foot screening fence along the southern perimeter as requested by staff. Staff stated in addition to the screening fence plantings would be placed within this area to also provided enhancement to the area. Staff stated the revised plan submitted by the applicant on March 4th indicated the placement of Crape Myrtles as trees. Staff stated these plants were no longer allowed as trees per the City’s Landscape Ordinance. Staff stated they would work with the applicant at the time of development to select trees as allowed per the Landscape Ordinance. Staff stated with the revised plan a number of their previously raised concerns had been addressed. Staff stated by limiting the signage and removing the two parking spaces the site plan now met the typical requirements of the various ordinances. Staff stated 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. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 11 ayes, 0 noes and 0 absent. March 10, 2011 ITEM NO.: H FILE NO.: Z-4411-J NAME: Pleasant Ridge Town Center Revised PCD LOCATION: Located on the Southeast corner of Cantrell Road and Pleasant Ridge Drive DEVELOPER: Pleasant Ridge Town Center 11601 Pleasant Ridge Road Little Rock, AR 72212 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 0.68 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: PCD ALLOWED USES: Shopping Center PROPOSED ZONING: Revised PCD PROPOSED USE: Shopping Center - Modify the previously approved signage plan VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: On December 20, 1994, through Ordinance No. 16,808, the City Board of Directors approved a PCD that would allow the development of a mixed use “Neighborhood Commercial” shopping center and an accompanying office development. The site was a 12.83 acre-tract and of the area, 11.48 acres was proposed to be developed as the shopping center. The proposed structure was 97,680 square feet, and 463 parking spaces were indicated. A 1.35-acre tract was to have 10,000 square feet of office building space with an additional 50 parking spaces. The uses proposed for the March 10, 2011 SUBDIVISION ITEM NO.: H (Cont.) FILE NO.: Z-4411-J 2 shopping center were all by-right C-2 and C-3 zoning district, except that there were to be no service stations, auto glass or muffler shops, convenience stores, or car washes within the scope of the PCD. The uses proposed for the office building were all uses by right in the O-2 and O-3 zoning district. On January 9, 1997, the Commission reviewed a request for a change in the right-of- way dedication and street improvement requirement to Fairview Road. The developer requested all right-of-way dedication and street improvements be taken from the property located to the east of Fairview Road. The Board of Directors adopted Ordinance No. 17,331 on December 3, 1996, which allowed a five-year deferral of street improvements (or until development of the Pleasant Ridge Square PCD) to Fairview Road. The Little Rock Planning Commission granted a three-year time extension for the proposed submission of the final development plan at their December 22, 1997, Public Hearing. The applicant submitted a Final Development Plan for the Pleasant Ridge Square Long-form PCD, which was approved on February 1, 2002. The Little Rock Board of Directors adopted Ordinance No. 19,233 on November 9, 2004, establishing a revision to the Pleasant Ridge Town Center PCD. The development was proposed as a 300,000 square foot retail center with restaurant space developed as a “Life-style Center”. The approval allowed the creation of three lots. Ordinance No. 19,281 adopted by the Little Rock Board of Directors on February 15, 2005, revised the previously approved PCD to allow Coulson Oil to add an additional driveway to their site and adjust the southern property line. The site plan indicated the drive would be added to the southwestern corner of the property to adjoin to the proposed driveway for Pleasant Ridge Town Center. The applicant indicated with the adjustment, the existing Coulson PCD would function more appropriately with the approved Pleasant Ridge Town Center site plan. Coulson Oil also proposed the sale of a portion of their lot to the Pleasant Ridge Town Center along the southern perimeter. The sale of the property resulted in a rear yard buffer and landscape strip that was less than the typical minimum required per the Highway 10 Design Overlay District. The Board of Directors adopted Ordinance No. 19,633 on November 21, 2006, revising the previously approved PCD for the shopping center to allow the creation of two (2) additional lots for the Pleasant Ridge Town Center. The previous approval allowed for the creation of three (3) lots which had been final platted. The developer proposed the placement of the two (2) additional lots along Cantrell Road within the area identified as future restaurant sites. According to the applicant the restaurant out-parcels were needed to allow the transfer of property to prospective tenants. The approval brought the total available lots on the site to five (5). There were no other modifications proposed to the previous approval. March 10, 2011 SUBDIVISION ITEM NO.: H (Cont.) FILE NO.: Z-4411-J 3 On December 7, 2006, the Little Rock Planning Commission denied a request to allow the western-most drive located along Cantrell Road to become a full service intersection. The denial of the request was appealed to the Board of Directors and was scheduled to be heard on February 20, 2006. The item was withdrawn from the Board of Directors agenda prior to action by the Board of Directors. Ordinance No. 19,730 adopted by the Little Rock Board of Directors on April 3, 2007, allowed a revision to the previously approved PCD to allow additional sign locations within the development. The approval allowed building signage located on the portion of the flat wall located on the northeast corner and northwest corner of the center shopping center building. No other modifications to the approved site plan were proposed with the revision to the PCD. On October 15, 2009, the Little Rock Planning Commission made a recommendation of approval of a request by Chick-fil-A to place signage along their western façade. On November 17, 2009, the Little Rock Board of Directors denied the request. Ordinance No. 20,240 adopted by the Little Rock Board of Directors on April 6, 2010, allowed a revision to the PCD to allow seasonal sales on the site. The approval allowed the placement of a temporary trailer for a shaved ice business to be placed on the site from April through September yearly. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The site is an out-parcel located along the eastern entrance drive to the Pleasant Ridge Town Center shopping center. The request is to allow the placement of signage along the eastern and western facades of the building, both located with out public street frontage. The eastern façade abuts an access drive entering the shopping center. The western façade faces the Chick-fil-A. The signs are proposed with a maximum height of 15-inches and a maximum length of 13.5-inches for an overall sign area of 1.4 square feet. The previously approved signage plan allowed for the placement of a ground mounted monument sign within the front yard area not to exceed six feet in height and seventy-two square feet in area and building signage on the front façade abutting Cantrell Road not to exceed ten percent of the total façade area. B. EXISTING CONDITIONS: The site is developed with a shopping center with two out-parcels located along Cantrell Road. The western most out-parcel is a Chick-fil-A restaurant and the eastern most out-parcel remains vacant. Also located in the immediate area of this development are a number of restaurants, two convenience stores, banks and office buildings, a drycleaners, a liquor store and a City of Little Rock Fire March 10, 2011 SUBDIVISION ITEM NO.: H (Cont.) FILE NO.: Z-4411-J 4 station. North of the site, across Cantrell Road, is the Walton Heights Subdivision. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from the area property owners. All property owners located within 200 feet of the site, all residents, who could be identified, located within 300 feet of the site, the Pleasant Valley Property Owners Association and the Walton Height Candlewood Property Owners Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: No comments. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: No objection to the placement of signage on the building facades. Fire Department: No comment regarding the placement of signage for this development. County Planning: No comment. CATA: The site is located on CATA Bus Route #25 – the Highway 10 Express Route. Parks and Recreation: No comment. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the River Mountain Planning District. The Land Use Plan shows Commercial for this property. The applicant March 10, 2011 SUBDIVISION ITEM NO.: H (Cont.) FILE NO.: Z-4411-J 5 has applied for a rezoning for a revised Planned Commercial District, to allow for additional signage. The request does not require a change to the Land Use Plan. Master Street Plan: This application has frontage along Cantrell Road, which is a Principal Arterial. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Cantrell Road since it is a Principal Arterial. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: Existing or proposed Class I, II, or III Bikeways are not in the immediate vicinity of the development. Landscape: No comment regarding the placement of signage for this development. All previous comments will apply to the new building construction with regard to parking lot and building landscaping. G. SUBDIVISION COMMITTEE COMMENT: (January 5, 2011) Mr. Joe White of White-Daters and Associates was present representing the request. Staff presented an overview of the request stating there were no additional items needed to complete the review process. Staff stated the request was to allow building signage inconsistent with signage allowed by the City’s sign ordinance and the Highway 10 Design Overlay District. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: There were no outstanding issues associated with the request in need of addressing raised at the January 5, 2011, Subdivision Committee meeting. The applicant’s request is to allow signage without public street frontage on the buildings eastern and western facades. The property is located within the Highway 10 Design Overlay District which states signage shall comply with the provisions of Article X of the zoning ordinance, except for a development sign which is allowed as a ten foot high one hundred square feet in area and the allowance of a ground mounted monument sign for each commercial building not to exceed six feet in height and seventy-two square feet in area. The zoning ordinance typically does not allow signage without public street frontage except in complexes where a sign without street frontage is the only means of identification for a tenant. Building signage is to not exceed ten (10) percent of March 10, 2011 SUBDIVISION ITEM NO.: H (Cont.) FILE NO.: Z-4411-J 6 the total façade area of the façade abutting a public street. The signage along the eastern façade abuts the eastern entrance drive to the Pleasant Ridge Shopping Center from Cantrell Road and the sign proposed along the western façade abuts the Chick-fil-A restaurant. Staff is not supportive of the request. The Highway 10 DOD is specific on the allowance of signage. Staff feels since the DOD is very specific in the allowance of signage along this corridor and this is not a hardship case where the additional signage is required to identify the business staff does not feel the signage without public street frontage should be allowed. In areas covered by DOD’s staff has not typically supported the allowance of signage inconsistent with the overlay district. Staff feels the approved ground sign and the sign on the front façade of the building are sufficient to identify the business. I. STAFF RECOMMENDATION: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (JANUARY 27, 2011) Mr. Joe White of White-Daters and Associates was present representing the request. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated January 19, 2011, requesting a deferral of this item to the March 10, 2011, public hearing. Staff stated they were supportive of the deferral request. 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 9 ayes, 0 noes and 2 absent. STAFF UPDATE: The applicant submitted a request dated February 25, 2011, requesting a deferral of this item to the April 21, 2011, public hearing. Staff recommends approval of the deferral request. PLANNING COMMISSION ACTION: (MARCH 10, 2011) Mr. Joe White of White Daters and Associates was present representing the request. There were no registered objectors present. Staff presented the item stating the March 10, 2011 SUBDIVISION ITEM NO.: H (Cont.) FILE NO.: Z-4411-J 7 applicant had submitted a request dated February 25, 2011, requesting a deferral of the item to the April 21, 2011, public hearing. Staff presented a recommendation of approval of the deferral request. There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 11 ayes, 0 noes and 0 absent. March 10, 2011 ITEM NO.: 1 FILE NO.: S-1221-F NAME: Chalamont – Chenal Valley Phase 18-K Revised Preliminary Plat LOCATION: Located North of Chalamont Drive, just South of Joe T. Robinson School DEVELOPER: Deltic Timber Corporation 7 Chenal Club Boulevard Little Rock, AR 72223 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 26.8 acres NUMBER OF LOTS: 82 FT. NEW STREET: 3170 LF CURRENT ZONING: R-2, Single-family PLANNING DISTRICT: 19 – Chenal CENSUS TRACT: 42.11 VARIANCES/WAIVERS REQUESTED: 1. A variance from Section 31-256 to allow a front building line on a residential lot of twenty (20) feet. 2. A variance from Section 31-256 to allow a ten (10) foot front building line on residential Lots 9, 23, 24 and 63. 3. A variance from Section 36-254(2) to allow side yard setback on each side of the lot at five (5) feet. 4. A variance from the City’s Land Alteration Ordinance to allow grading of future phases with the development of Phase I. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is requesting to amend the previously approved preliminary plat for Phase 18 of the Chalamont Subdivision. The applicant is requesting three (3) variances from various City ordinances. The request includes a variance from March 10, 2011 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-1221-F 2 the City’s Subdivision Ordinance to allow a front building line of 20-feet and 5-foot side yard setbacks for all the lots proposed for development. Lots 9, 23, 24 and 63 are indicated with a 10-foot front building line. The request also includes a variance from the City’s Land Alteration ordinance to allow grading of the entire development with the construction of street improvements in Phase I. The subdivision is proposed in four (4) phases with 20 lots developed in the first phase, 16 lots in the second phase, 20 lots in the third phase and 26 lots developed in the final phase. The average lot sizes proposed are 60-feet by 150-feet and 60-feet by 120-feet. The development is indicated with 3,170 linear feet of new public street constructed to residential street standard. A secondary emergency access is proposed to connect to an existing paved parking area located on the adjacent private recreational area and extend to this subdivision via a 16-foot all weather emergency access. B. EXISTING CONDITIONS: The site is wooded sloping upward from the street to the north. North of the site proposed for development is Joe T. Robinson School and to the west is a private recreational facility. East of the site is a developed single-family subdivision, Bronte Court. South of the site is Chalamont Drive, which as been constructed to Master Street Plan standard. Across Chalamont Drive is the Challain Place Subdivision. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area property owners. All abutting property owners of the site, the Coalition of West Little Rock Neighborhoods and the Duqesne Place Property Owners Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. With site development, provide the design of the street conforming to the Master Street Plan. Construct street improvements to these streets with the planned development. 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 March 10, 2011 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-1221-F 3 than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. A variance is being requested for advanced grading of future phases with the development of the first phase. 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. Street Improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. 7. Streetlights are required by Section 31-403 of the Little Rock code. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting/certificate of occupancy. Contact Traffic Engineer 379-1813 (Steve Philpott) for more information. 8. Since the streets are proposed to be 24 feet in width, show on the plan the area of streets where parking will be restricted to one side. 9. Hammerheads should be designed to be at least 80 feet in length and the same width as the street. A hammerhead built to this standard should be provided Caurel Court. 10. The applicant proposes an emergency access across another property. Provide proof of access granted by adjacent property owner. Today the emergency access route is barricaded, not permitting access. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required with easements for this project. Contact Little Rock Wastewater Utility for additional information. Entergy: Additional easements are required. A ten-foot easement is required to extend from the existing subdivision to the east to the proposed Caurel Lane. Center-Point Energy: Approved as submitted. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request to water service must be met. A water main extension will be needed to provide water service to this property. Please submit plans for water facilities to Central Arkansas Water for review. Plan revision may be required after additional review. Contact Central Arkansas Water regarding procedures March 10, 2011 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-1221-F 4 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. 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. Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). Fire Department: Place fire hydrants per code. The proposed secondary access may not be adequate to serve the development. Contact the Little Rock Fire Department to discuss secondary access alternatives. County Planning: No comment. CATA: The site is not located near a dedicated CATA Bus Route. Parks and Recreation: No comment. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (February 17, 2011) Mr. Joe White and Mr. Tim Daters of White-Daters and Associates were present representing the request. Staff presented an overview of the development stating there were few outstanding technical issues associated with the request in need of addressing prior to the Commission acting on the request. Staff questioned if the development would request a fence height variance for the lots abutting the school. Staff questioned if the development would request a variance to allow an increased size for the subdivision identification sign. Public Works comments were addressed. Staff questioned if advanced grading was being requested. Staff stated the hammerheads should be designed to allow at least an 80-foot length and to be the same width as the street to allow for proper maneuvering. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. March 10, 2011 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-1221-F 5 H. ANALYSIS: The applicant submitted a revised preliminary plat to staff addressing the issues raised at the February 17, 2011, Subdivision Committee meeting. The applicant has indicated the subdivision identification sign will be a maximum of six (6) feet in height and thirty-two (32) square feet in area. The subdivision identification sign is consistent with signage allowed per the zoning ordinance. The applicant has indicated a fence height variance for the proposed subdivision will not be required. The revised site plan increases the length of the hammerhead turn arounds as requested by Public Works staff. The request includes a variance from the City’s Land Alteration Ordinance to allow advanced grading of the lots with the installation of the basic infrastructure. The applicant has indicated the need to grade the entire site is to allow the site to balance eliminating the need to haul excess materials from the site. The request is to amend the previously approved preliminary plat for Phase 18 of the Chalamont Subdivision. The are variances from the City’s Subdivision Ordinances to allow a front building line of 20-feet and 10-feet and 5-foot side yard setbacks. Lots 9, 23, 24 and 63 are indicated with a 10-foot front building line. The remaining lots are indicated with a 20-foot front building line. All lots are proposed with five (5) foot side yard setbacks. The subdivision is proposed in four (4) phases with 20 lots developed in the first phase, 16 lots in the second phase, 20 lots in the third phase and 26 lots developed in the final phase. The average lot sizes proposed are 60-feet by 150-feet and 60-feet by 120-feet. The development is indicated with 3,170 linear feet of new public street constructed to residential street standard. A secondary emergency access is proposed to connect to an existing paved parking area located on the adjacent private recreational area and extend to this subdivision via a 16-foot all weather emergency access. A portion of the subdivision is not located within the City limits of the City of Little Rock. The applicant has indicated Lots 9 - 19 will not be developed until the lots are annexed into the City of Little Rock. The applicant has indicated a number of the streets will be constructed to a minor residential street standard. These streets will be constructed with 24-feet of pavement within a 45-foot right of way. Although the Master Street Plan allows for streets to be constructed to this standard the City typically restricts parking to one side of a minor residential street. Public Works staff has requested the applicant include on the preliminary and final plats the location of the restricted parking. The applicant has not done so. Staff recommends the area of restricted parking be included on the preliminary and final plats. March 10, 2011 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-1221-F 6 Staff is supportive of the request to allow the subdivision of this property. The development is proposed consistent with the City’s Future Land Use plan for this site with an overall density of 3.06 units per acre. To staff’s knowledge there are no remaining outstanding technical issues associated with the request. Staff feels the subdivision and the associated variances is appropriate for 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 following variance request: 1. A variance from Section 31-256 to allow a front building line on a residential lot of twenty (20) feet. 2. A variance from Section 31-256 to allow a ten (10) foot front building line on residential Lots 9, 23, 24 and 63. 3. A variance from Section 36-254(2) to allow side yard setback on each side of the lot at five (5) feet. 4. A variance from the City’s Land Alteration Ordinance to allow grading of future phases with the placement of the basic infrastructure within the development. Staff recommends the applicant provide on the preliminary and final plats the area of restricted parking on the streets proposed with 24-feet of pavement. PLANNING COMMISSION ACTION: (MARCH 10, 2011) Mr. Tim Daters and White Daters and Associates was present representing the request. 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 following variance request: 1. A variance from Section 31-256 to allow a front building line on a residential lot of twenty (20) feet. 2. A variance from Section 31-256 to allow a ten (10) foot front building line on residential Lots 9, 23, 24 and 63. March 10, 2011 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-1221-F 7 3. A variance from Section 36-254(2) to allow side yard setback on each side of the lot at five (5) feet. 4. A variance from the City’s Land Alteration Ordinance to allow grading of future phases with the placement of the basic infrastructure within the development. Staff also presented a recommendation the applicant provide on the preliminary and final plats the area of restricted parking on the streets proposed with 24-feet of pavement. 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 11 ayes, 0 noes and 0 absent. March 10, 2011 ITEM NO.: 2 FILE NO.: S-1664 NAME: On the River Estates Preliminary Plat LOCATION: Located on Pinnacle Valley Road and County Farm Road on the Little Maumelle River DEVELOPER: Pinnacle Valley Properties, LLC Attn: Mollie Birch 310 Louisiana Street Little Rock, AR 72201 SURVEYOR: Arkansas Surveying and Consulting 1926 Salem Road Benton, AR 72019 AREA: 34.15 acres NUMBER OF LOTS: 7 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family PLANNING DISTRICT: 1 – River Mountain CENSUS TRACT: 42.05 VARIANCES/WAIVERS REQUESTED: None requested. The applicant submitted a request dated February 24, 2011, requesting withdrawal of this item without prejudice. Staff is supportive of the withdrawal request. PLANNING COMMISSION ACTION: (MARCH 10, 2011) The applicant was not present. There were no registered objectors present. Staff presented the items stating the applicant had submitted a request dated February 24, 2011, requesting withdrawal of the item without prejudice. Staff stated they were supportive of the withdrawal request. March 10, 2011 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1664 2 There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 11 ayes, 0 noes and 0 absent. March 10, 2011 ITEM NO.: 3 FILE NO.: S-1665 NAME: Wildwood Ridge Addition Preliminary Plat LOCATION: Located on the West side of Gordon Road and South of Chenal Valley Drive DEVELOPER: Wildwood Partners, LLC P.O. Box 242146 Little Rock, AR 72223 ENGINEER: Thomas Engineering Co Attn: Thomas Pownall 3810 Lookout Road North Little Rock, AR 72116 AREA: 27.78 acres NUMBER OF LOTS: 85 FT. NEW STREET: 3472 LF CURRENT ZONING: R-2, Single-family PLANNING DISTRICT: 19 - Chenal CENSUS TRACT: 42.11 VARIANCES/WAIVERS REQUESTED: 1. A variance from Section 31-256 to allow a front building line on a residential lot of twenty (20) feet. 2. A variance from Section 36-254(2) to allow side yard setback on each side of the lot at five (5) feet. 3. A variance from Section 36-551 to allow an increased size of the proposed subdivision identification sign. 4. A variance from the City’s Land Alteration Ordinance to allow grading of a portion of Phase II with the development of Phase I. March 10, 2011 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-1665 2 A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The developer is requesting preliminary plat approve for a subdivision containing 27.78 acres and 85 single-family residential lots. The lots are proposed with a minimum and average lot size of 60-feet by 130-feet. The lots are proposed with a variance from the City’s Subdivision Ordinance to allow a reduced front building line and a reduced side yard setback. The front building line is proposed at 20-feet and the side yard setbacks are proposed at 5-feet. The development is proposed in two (2) phases. The first phase will include the development of Lots 1 – 10 Block 3 and Lots 1 – 8 Blocks 1 and 2 and Lots 1 – 16 Block 4. The request includes variances to allow an increase size for the subdivision identification sign and to allow grading of a portion of Phase II with the development of Phase I of the subdivision. The request also includes the right of way abandonment for the portion of Gordon Road adjacent to Lot 1 Block 4. B. EXISTING CONDITIONS: The site is densely wooded located south of Chenal Valley Drive. Access to the site is via a narrow drive extending from Chenal Valley Drive. There is a single- family home, also access from this drive, located to the east of the proposed plat area. South of the plat area is a developing single-family subdivision. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a several informational phone calls from area property owners. A few of the callers have indicated opposition to the proposed subdivision. All abutting property owners of the site and the Coalition of West Little Rock Neighborhoods were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. With site development, provide the design of the street conforming to the Master Street Plan. Construct one-half street improvement to Gordon Road including 5-foot sidewalks with the planned development adjacent to the proposed development. The street improvements should be made on Gordon Road to Chenal Valley Drive to meet residential street standards. The proposed street infrastructure accessing the subdivision is substandard. The current street width is 18 feet. March 10, 2011 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-1665 3 2. With site development, provide the design of street conforming to the Master Street Plan. Construct street improvements to all streets within the subdivision to residential street standards including 5-foot sidewalks with the planned development. 3. A permanent turnaround must be provided at the southern end of Gordon Road. The turn around should be at least 80 feet in length and the same width as the street. Instead of a turnaround, the street can be terminated with curb and gutter at Meadow View Drive. If the right-of-way is determined not be abandoned and the applicant desires to construct curb and gutter across Gordon Road, a petition will be required to be submitted to the City of Little Rock, Planning Department to abandon that part of the right-of-way. 4. Stormwater detention ordinance applies to this property. Detention locations are being shown. During the grading and drainage plan review process, calculations must be provided showing the stormwater going to the proposed detention facilities is of sufficient volume for the entire development. 5. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). 6. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. A variance is being requested for advanced grading within the Phase II portion of the development with construction of the Phase I portion. 7. If disturbed area is one (1) or more acres, obtain a NPDES stormwater permit from the Arkansas Department of Environmental Quality prior to the start of construction. 8. Sidewalks with appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. 9. Street Improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. 10. Damage to public and private property due to hauling operations or operation of construction related equipment from a nearby construction site shall be repaired by the responsible party prior to issuance of a certificate of occupancy. March 10, 2011 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-1665 4 11. If the subdivision is proposed to be private, no residential waste collection service will be provided on private streets unless the property owners association provides a waiver of damage claims for operations on private property. 12. Temporary turn arounds must be provided at the end of Summershade Drive as the phased construction is completed for City and emergency vehicle turnaround. The turn arounds must provide at least 80 feet in length or diameter for vehicle maneuvering and the same width as the street. 13. City records show Gordon Road right-of-way to be abandoned or is no longer public and is not maintained by the City of Little Rock. Is the applicant requesting to dedicate the Gordon Road private right-of-way or access easement to Chenal Valley Drive to the City of Little Rock? With current conditions, public streets are shown to gain access from a private street. With Gordon Road being private, access to public streets could be denied by the owner(s) of Gordon Road and damage could occur to Gordon Road by City vehicles accessing the public streets for service. 14. Provide a Sketch Grading and Drainage Plan as required per Section 29-186 (e). Show 100-year stormwater overflow path through the subdivision. 15. A traffic circle should be provided at Summershade Drive and Meadow View Drive for traffic calming. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required, with easements, for this project. Contact Little Rock Wastewater utility for additional information. Entergy: Approved as submitted. Center-Point Energy: Approved as submitted. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. A water main extension will be needed to provide water service to this property. Please submit plans for water facilities to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities. Approval of plans by Central Arkansas Water, the Arkansas Department of Health Engineering Division and the Little Rock Fire Department is required. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide March 10, 2011 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-1665 5 adequate pressure and fire protection. Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). A Capital Investment Charge based on the size of meter connection(s) will apply to this development in addition to normal charges. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: No comment. Parks and Recreation: No comment. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (February 17, 2011) Mr. Graham Smith and Mr. Thomas Pownall of Thomas Engineering were present representing the request. Staff presented an overview of the development stating there were a number of outstanding technical issues associated with the request in need of addressing prior to the Commission acting on the request. Staff stated the right of way for Gordon Road appeared to have been previously abandoned. Staff stated the developer was meeting with the City Attorney to determine if the right of way access to the site was abandoned or was still in place. Staff noted a number of items which would need to be included on the revised preliminary plat to complete the review process. Public Works comments were addressed. Staff questioned if advanced grading was being requested for the development. Mr. Pownall stated the developer would grade off site to allow detention for the Phase I portion of the development. He also stated some grading would occur to allow the proper turn-around as requested by Public Works staff. Mr. Pownall noted the streets would be constructed as public streets. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. March 10, 2011 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-1665 6 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 technical issues associated with the request. The applicant has indicated a small amount of grading will take place within the Phase II portion of the development with the development of the Phase I portion of the subdivision. The applicant has indicated the areas to be advanced graded are within the proposed detention areas and to allow for the proper turn-around on Summershade Drive. The advanced grading will require a variance from the City’s Land Alteration Ordinance. The applicant has also indicated a subdivision identification sign six (6) feet in height and ten (10) feet wide will be placed at the entrance to the subdivision. The Subdivision Ordinance typically allows the placement of a subdivision identification sign six (6) feet in height and thirty-two (32) square feet in area. The sign size as proposed will require a variance from the City’s Zoning Ordinance. The applicant is requesting approval of a preliminary plat for a parcel containing 27.776 acres and 85 lots. The development is proposed with an overall density of 3.06 units per acres. The proposed plat indicates two variance requests from the typical lot development standards of the Subdivision Ordinance. The front building setback per Section 31-256 is 25-feet. The applicant is requesting to be allowed a front building line of twenty (20) feet. A variance from Section 36-254(2) to allow side yard setback on each side of the lot at five (5) feet is also requested. The ordinance typically requires the placement of a side setback of ten (10) percent of the lot width not to exceed eight (8) feet for R-2, Single-family zoned property. The request also includes the right of way abandonment for the portion of Gordon Road adjacent to Lot 1 Block 4. The applicant has not provided staff with approval from the various utilities as to the abandonment request. The abandonment will be addressed as a separate item from the proposed preliminary plat. Ordinance No. 18,431 adopted by the Little Rock Board of Directors on February 20, 2001, vacated and closed a portion of Gordon Road between Gordon Road and Chenal Valley Drive. The ordinance states abutting owners of record, receiving title to the abandoned right of way and easements shall at their cost remove all vestiges of public use and access as may exist; such modifications were to include the entrances on both ends of the abandoned right of way and March 10, 2011 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-1665 7 easement is to be offset and/or rebuilt to conform to the standard driveway design as required by Little Rock, Ark. Revised Code Section 30-26-50(1988) and the edge of pavement of the right of way is to be rebuilt to conform to existing conditions in the general vicinity where the abandoned right of way and easement intersects with the remaining public right of way. Chapter 30 states all driveways into private property must be concrete from the street curbline to the property line on approved grades. Single and two-family driveways may be constructed of asphalt except where there is a sidewalk adjacent to the property. In such cases the driveway is to be concrete to the back edge of the sidewalk. The connection of the former Gordon Road right of way has been constructed as required by the ordinance for residential drives. The City Attorney’s office has reviewed this ordinance and their opinion is that the portion of Gordon Road that lies to the east of property now owned by Graham Smith was properly abandoned by City ordinance (Ordinance No. 18,431) after a public hearing. The City has taken subsequent steps in accord with the abandonment and nothing has occurred subsequently to make the former Gordon Road property a street dedicated to the public. In addition Chenal Valley Drive was laid out and constructed based on this access being a driveway and not a dedicated City street. At this location the minimum sight distance is not adequate to meet minimum sight distance requirements of the Master Street Plan for a street in the City of Little Rock. The development is proposed with a minimum of 85 residential lots. Based on typical traffic patterns residential lots typically generate a minimum of ten trips per lot per day. The development would generate a minimum of 850 vehicle trips per day utilizing this access. The intersection sight distance is 266 feet. AASHTO Green Book Standards requires an intersection sight distance of 500 feet for a street with vehicles traveling 45 mph. The Subdivision Ordinance states every lot shall abut upon a public street, except where private streets are explicitly approved by the Planning Commission. The Master Street Plan states local streets should be developed with a minimum right of way of 50-feet and a minimum paving width of 26-feet. Sidewalks are required on one-side of the street. The service volume of a local street is 2,500 vehicle trips. The Subdivision Ordinance states private streets are to be built to public street standard. In some instances one side of the street is developed prior to the development of the other side. In these cases the minimum paving width typically allowed is 20-feet. Although very substandard, this minimum pavement width allows for two cars to pass and allows for City services to be provided. The access/driveway to this site does not meet this typical minimum standard. March 10, 2011 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-1665 8 Based on the City Attorney’s opinion that Gordon Road is no longer a public right of way and the applicant cannot provide adequate access to serve the proposed subdivision staff cannot support the preliminary plat request. I. STAFF RECOMMENDATION: Staff recommends denial of the preliminary plat as filed. PLANNING COMMISSION ACTION: (MARCH 10, 2011) Mr. Graham Smith and Mr. Don Eilbott were present representing the request. There were no registered objectors present. Staff presented the item with a recommendation of denial. Mr. Smith addressed the Commission on the merits of his request. He stated his company had purchased a 40-acre parcel and was proposing to develop the site as a single-family subdivision. He stated staff had raised concerns related to access and sight distances. He stated he felt the right of way for Gordon Road was open. He stated the sight distance should not be an issue. He stated the road was constructed as a collector street in 2000. He stated the speed for a collector street was 30 mph. Chairman Ferstl questioned Deputy City Attorney Cindy Dawson as what the Commission was to review. Ms. Dawson stated official City records included a four-page document indicating the road was closed. She stated something different was filed at the Circuit Clerk’s office but the text of the ordinance clearly stated to see Exhibit A. She stated it was clear the road was closed by ordinance. She stated the City had allowed a subdivision to be created and platted over the former right of way. She stated she nor the Commission had the authority to over ride a City ordinance. There was a general discussion by the Commission as to the closing of Gordon Road and land locking property. Ms. Dawson stated the property was not land locked. She stated the property had access through a prescriptive easement along the eastern boundary. She stated although it was not practice there were cases where City streets signs were placed on driveways. The Commission questioned Mr. Smith as to when he purchased the property. He stated his company closed on the property in January of 2011. He questioned why the City would allow the construction of Chenal Valley Drive in a manner that would land lock a parcel. Mr. Don Elibott addressed the Commission. He stated he felt the difference was in interpretation of the ordinance. He stated it was clear that what was abandoned was from Chenal Valley Drive to Chenal Valley Drive. He stated nothing south of Chenal March 10, 2011 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-1665 9 Valley Drive was abandoned. He stated the City only recorded ordinances, which affected real estate. He stated these ordinances were filed with the Circuit Clerk. He stated the clear way to see if property owners consented to the abandonment was to look at the file. He stated there was no file. The Commission questioned if there was a mechanism to allow land locked parcels to be provided with access. Mr. Eilbott stated there was a process. He stated the process involved the County Judge and involved payment for access. He stated his client had access on Gordon Road, which was a public street. Ms. Dawson stated once again the property was not land locked but did not have proper access for a subdivision. She stated there were concerns with allowing the subdivision to take access at this location due to sight distance concerns. She stated the Commission did not have the authority to over ride a City Ordinance. The Chair entertained a motion for approval of the item. The motion carried by a vote of 6 ayes, 4 noes, 0 absent and 1 recusal (Commissioner Pierce). March 10, 2011 ITEM NO.: 4 FILE NO.: S-1474-A NAME: Kum and Go Subdivision Site Plan Review LOCATION: Located on the Southwest corner of Colonel Glenn Road and South University Avenue DEVELOPER: Kum and Go Attn: Abbey Gilroy 6400 Westown Parkway West Des Moines, IA 50266 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 2.02 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: C-3, General Commercial PLANNING DISTRICT: 10 – Boyle Park CENSUS TRACT: 21.02 VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is requesting a subdivision site plan review for the placement of a convenience store with a separate gas pump island on the site located at the intersection of Colonel Glenn Road and South University Avenue. The request also includes the creation of an out-parcel for the proposed convenience store. The building is proposed containing 4,958 square feet and the canopy is proposed as a 49-foot by 56-foot structure over ten (10) pump stations. The site plan indicates the placement of 35 parking spaces. Two sign locations are indicated on the site plan. The signs are indicated with a maximum height of thirty-six (36) feet and a maximum sign area of 160 square feet. Two drive locations are indicated; one existing located on Colonel Glenn Road and the second a proposed newly constructed drive from South University Avenue. March 10, 2011 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: S-1474-A 2 B. EXISTING CONDITIONS: This intersection contains a number of uses including residential, commercial, office and institutional uses. Within the shopping center development containing this parcel there are restaurants, an office supply store, medical offices, a carwash, a beauty supply store and a number of similar type uses. Across Colonel Glenn Road to the north are two apartment developments, a Wal-Greens and a strip retail center. To the northeast, across South University Avenue, is a shopping center owned by UALR which contains a number of retail and office use. To the east of the site there are retail and office uses including a former movie theater, a strip center, fast food restaurants and a convenience store with gas pumps and a drive-thru restaurant. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area property owners. All property owners located within 200 feet of the site and the John Barrow Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 2. Stormwater detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. 3. 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. 4. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. 5. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 6. Vehicle parking is not allowed to back into access easement. 7. The maximum allowed driveway width is 36 feet. March 10, 2011 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: S-1474-A 3 8. 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). 9. Shared access easement should be provided at the driveway locations. 10. If approved, the proposed right turn lane should be extended to the western property line of the proposed development. 11. If approved, this portion of the intersection will be required to be resignalized as part of the intersection improvements. 12. The bus stop located south of the University Avenue driveway should be moved further south per CLR Traffic Engineering and AHTD requirements if the driveway is installed. AHTD has the ultimate control of the future location. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer is available to this project. Entergy: No comment received. Center-Point Energy: Approved as submitted. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the developer’s expense. Please submit plans for water facilities 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 the Little Rock Fire Department is required. Contact Central Arkansas Water regarding the size and location of the water meter. A Capital Investment Charge based on the size of meter connection(s) will apply to this development in addition to normal charges. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPS) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the PRZ assembly, successful tests of the assembly must be completed by a Certified Assembly March 10, 2011 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: S-1474-A 4 Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW’s Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Place fire hydrants per code. The proposed fuel canopy must be placed to maintain adequate height and clearance by all fire vehicles. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. Parks and Recreation: No comment. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: 1. The site plan must comply with the City’s landscape and buffer ordinance requirements. 2. The landscape ordinance requires a nine (9) foot wide perimeter landscape strip around the sites entirety unless the are cross accesses within these areas. 3. The previous site plan indicated a landscape easement along University Avenue. 4. Interior landscape islands are required to be provided. The landscape ordinance requires a minimum of eight percent (8%) of the paved areas be landscaped with interior islands of at least 7 ½ feet in width and 150 square feet in area. The interior islands must be evenly distributed throughout the site. 5. Building landscaping will be required with the proposed development. 6. An automatic irrigation system to water landscaped areas will be required. 7. Prior to the issuance of a building permit, it will be necessary to provide an approved landscape plan stamped with the seal of a Registered Landscape Architect. 8. Street trees are both highly encouraged and appreciated. March 10, 2011 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: S-1474-A 5 G. SUBDIVISION COMMITTEE COMMENT: (February 17, 2011) Mr. Tim Daters of White-Daters and Associates and Mr. Ernie Peters of Peters and Associates were present representing the request. Staff presented an overview of the development stating there were a number of outstanding technical issues associated with the request in need of addressing prior to the Commission acting on the request. Staff stated the plan as presented did not comply with the City’s Landscape Ordinance. Public Works comments were addressed. Staff stated the redesign of the intersection of South University Avenue and Colonel Glenn Road would require approval by AHTD prior to construction. Staff also stated vehicle parking was not allowed to back into access easement. Mr. Peters stated State Farm Insurance had reviewed a number of intersections within the City and made recommendations for redesign to promote safety. He stated one of the intersections reviewed was the Colonel Glenn/South University Avenue intersection. He stated the recommendation removed the sweeping curves that presently existed and channeling the traffic. Mr. Daters stated with the channeling of the traffic into the traffic lanes this reduced the number of accidents. Staff questioned if the Highway Department was on board with the proposal. Mr. Daters stated AHTD was continuing to review the request. Landscaping comments were addressed. Staff stated interior landscaping and building landscaping would be required with the development. Staff also stated an automatic irrigation system would be required and a certified landscape plan would be required prior to the issuance of a building permit. 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 February 17, 2011, Subdivision Committee meeting. The revised plan no longer indicates parking backing into the access easement. A landscape strip along the southern perimeter nine (9) feet wide has been indicated on the site plan and landscape islands have been included along the western perimeter. The applicant has indicated interior landscaping and building landscaping will comply with the typical ordinance standards. March 10, 2011 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: S-1474-A 6 The development is proposed as a convenience store with a separate fuel canopy. Per Section 31-13 multiple buildings located on a site are to be reviewed through the Subdivision Site Plan Review process. The developments are revised on a case by case basis for consideration of project particulars including the provisions of parking and landscaping in accordance with the appropriate ordinances, siting of buildings and the relationships with adjoining properties. The applicant is also requesting the creation of a separate parcel for the convenience store and fuel center. The lot is proposed containing 2.02 acres. The lot will be served by existing cross access easements within the development. The property is zoned C-3, General Commercial. The building is proposed containing 4,958 square feet. The fuel center canopy is proposed 49-feet by 56-feet over ten (10) pump stations. The site plan indicates the placement of 35 parking spaces. Based on the typical minimum parking required for a retail development a total of 16 parking spaces would be required. The maximum building height proposed is 35-feet. The height is consistent with building heights allowed in the C-3, General Commercial Zoning District. The site plan indicates the placement of two (2) sign locations, one each on Colonel Glenn Road and South University Avenue. The signs are indicated as pole signs with a maximum height of thirty-six (36) feet and a maximum sign area of one hundred sixty (160) square feet. Building signage is proposed on the façade of the building and the fuel canopy on the facades abutting the public rights of way. The signage plan as proposed is consistent with signage allowed in commercial zones. The site plan is proposed with a redesign of the intersection of South University Avenue and Colonel Glenn Road and the placement of a new drive on South University Avenue. The redesign of the intersection and the driveway placement will require approval by AHTD prior to construction. Staff is supportive of the request. The site is an existing developed site with this piece being the only vacant area on the site. When the site was developed the site was overlaid with cross access and cross parking agreements. The applicant has included additional landscaping within the site and building landscaping will be placed to comply with the typical ordinance requirements. The request includes a plat to allow the creation of this out-parcel. Staff is supportive of the plat as proposed. The plat area contains 2+ acres well in excess of the typical minimum ordinance requirements for the zoning district. To staff’s knowledge there are no remaining outstanding technical issues associated with the request. Staff feels the development of the site as proposed complies with typical development standards of the various ordinances. March 10, 2011 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: S-1474-A 7 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: (MARCH 10, 2011) Mr. Tim Daters of White Daters and Associates was present representing the request. 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 11 ayes, 0 noes and 0 absent. March 10, 2011 ITEM NO.: 5 FILE NO.: S-1515-B NAME: The Cottages of Good Shepard Site Plan Review LOCATION: Located at 2901 Aldersgate Road DEVELOPER: Ecumenical Retirement Center Foundation, Inc. c/o Terry Burruss Architects 614 Center Street Little Rock, AR 72201 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 1.0 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: OS PLANNING DISTRICT: 11 – I-430 CENSUS TRACT: 24.04 VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The developers are requesting permission to lay sanitary sewer through the open space zoned area on the southeast corner of the property. The sewer line follows the creek and is located along this property’s eastern edge or the opposite side of the OS zoned portion of the property. The developer is proposing to off set the sewer line and not lay the line in a straight line to help mitigate the clearing within the OS zoned area. In addition the developer will plant evergreen plantings to screen the clearing after the sanitary sewer has been installed. March 10, 2011 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: S-1515-B 2 B. EXISTING CONDITIONS: The property is wooded located south of the existing Good Shepard residential towers and east of the nursing home. Within the area there is property zoned MF-12, MF-18 and OS. Approximately 5.6 acres zoned OS, 8.94 acres zoned MF-18 and 5.3 acres zoned MF-12. The MF zoned properties were recently approved through a Site Plan Review for the development of senior housing. There are single-family homes located to the east within the Kensington and Twin Lakes Subdivisions. South of the site is property zoned POD owned by Arkansas Hospice which is undeveloped. Southwest is property developed by Our Way as residential housing. Camp Aldersgate is located across Aldersgate Road to the west of the Good Shepard Campus. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from the area property owners. All property owners located within 200 feet of the site, the John Barrow Neighborhood Association, the Twin Lake A Property Owners Association, the Twin Lake B Property Owners Association, the Twin Lakes B Special Recreational Improvement District and the Kensington Place Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Erosion controls must be installed to reduce discharge of polluted stormwater. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required, with easements, for this project. A capacity contribution analysis and fee will be required for the project. Contact Little Rock Wastewater Utility for additional information. Entergy: Approved as submitted. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. A water main extension will be needed to provide water service to this property. Please submit plans for water facilities to Central Arkansas Water for review. Plan revisions may be required March 10, 2011 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: S-1515-B 3 after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities. Approval of plans by Central Arkansas Water, the Department of Health Engineering Division and the Little Rock Fire Department is required. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Additional fire hydrant(s) will be required. Contact Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding the procedures for installation of the hydrant(s). Please note that Central Arkansas Water maintains an existing water line on the north of the property as shown on the site plan. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. Parks and Recreation: No comment. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: As proposed by the applicant the area cleared within this OS zoned area must be reseeded and planted upon completion of installation of the utilities. G. SUBDIVISION COMMITTEE COMMENT: (February 17, 2011) Mr. Joe White and Mr. Tim Daters of White-Daters and Associates were present representing the request. Staff presented an overview of the development stating there were no remaining outstanding technical issues associated with the request. Staff stated the request was to allow the extension of the sewer line through the OS, Open Space zoned property. Staff stated the applicants were proposing to replant the area to provide screening. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: There were no outstanding technical issues associated with the request in need of addressing raised at the February 17, 2011, Subdivision Committee meeting. March 10, 2011 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: S-1515-B 4 The request is to allow a sanitary sewer line to be placed through the Open Space zoned area on the southeast corner of the property. The existing sewer main follows the creek and is located along this property’s eastern edge on the opposite side of the Open Space zoned portion of the property. The developer is proposing to off set the sewer line and not lay the line in a straight line to help mitigate the clearing within the Open Space zoned area. In addition the developer will plant evergreen plantings to screen the clearing after the sanitary sewer has been installed. Section 36-340(b)(3) and (6) states where the OS District is used as a buffer zone, all such areas shall remain in their natural state unless otherwise authorized by the City. The ordinance further states enhancements of the buffer area, such as additional screening or plantings, may be required when granting a rezoning or conditional use application. Although the request is not a rezoning or conditional use application staff feels the enhancements should be provided as indicated by the applicant. To staff’s knowledge there are no remaining outstanding technical issues associated with the request. Staff feels the clearing within the OS zoned are to allow the placement of the sanitary sewer line is appropriate. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. PLANNING COMMISSION ACTION: (MARCH 10, 2011) Mr. Joe White of White Daters and Associates was present representing the request. 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 11 ayes, 0 noes and 0 absent. March 10, 2011 ITEM NO.: 6 FILE NO.: Z-3689-J NAME: Lisa Academy Zoning Site Plan Review LOCATION: Located on Lot 3R Ensco Parkhill Phase III – Corporate Hill Drive DEVELOPER: ESA Construction Inc. 10 Troy Court Little Rock, AR 72211 SURVEYOR: Brooks Surveying 20820 Arch Street Pike Hensley, AR 72065 AREA: 2.30 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: O-2, Office and Institutional PLANNING DISTRICT: 2 – Rodney Parham CENSUS TRACT: 22.05 VARIANCES/WAIVERS REQUESTED: A variance from Section 36-280(d) to allow the height of the building to be increased from the allowed 45-feet to 70-feet. BACKGROUND: On June 22, 2006, the Little Rock planning Commission approved a Zoning Site Plan review request to allow the placement of a modular building on the site located to the east to serve as additional classroom space for Lisa Academy. At the time of approval the anticipated school enrollment for the 2006 – 2007 school year was 375 students. With the approval staff presented a recommendation the modular building be removed by July 19, 2009, to coincide with the required removal of portable classrooms per Section 36-203(g). The portable classroom building has not been removed. Section 36-203(g) was subsequently amended to allow portable classroom buildings through July 19, 2014. March 10, 2011 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-3689-J 2 On January 27, 2011, the Little Rock Planning Commission approved a Zoning Site Plan Review for this site to allow Lisa Academy to expand with construction of a new building located on a lot immediately west of the existing school campus. The school was proposed to house 20 classrooms, a computer lab and a science lab. The building was proposed containing 36,215 square feet. The maximum building height approved was 40-feet. The existing school would remain. The portable classroom building located on the current school campus site would be removed. The school currently has 473 students in Grades 6 – 12. The school indicated there would be a maximum enrollment of 600 students. There are 41-faculty members serving the school. With the addition of students a maximum of 46-faculty persons were proposed. The school indicates their hours of operation are from 7:50 am to 3:00 pm daily. An existing access easement located on the adjacent lot to the west will serve as ingress and egress to the new building. The pick-up and drop-off will occur in the rear of the building for the high school students. Pick-up and drop-off for the middle school students would take place on the front of the site. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicants are now requesting a revision to the site plan to allow the building to be approximately 70-feet in height. The building is proposed with three levels above a finished basement. The Zoning Ordinance for the O-2, Office and Institutional Zoning District states - No building hereafter erected or structurally altered shall exceed a height of forty-five (45) feet at the required front, side or rear yard setback lines. Building heights proposed in excess of forty-five (45) feet may be authorized by the Planning Commission in conjunction with the site plan review. However, the following formula shall rule: At the height permitted at said yard setback lines, one (1) foot may be added to the height of the building for each foot that the building or portion thereof is set back from the required yard lines. In no instance shall the maximum height of the building exceed one hundred twenty (120) feet. B. EXISTING CONDITIONS: The site is a wooded site located south of Corporate Hill Drive. This area is an office development with this site being the only remaining undeveloped site. East of this site is the current Lisa Academy school campus. South of the site is Rock Creek. The Corporate Hill Subdivision has developed with office users with the buildings developed with shared access easements and shared parking lots. March 10, 2011 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-3689-J 3 C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from the area property owners. All property owners located within 200 feet of the site were notified of the public hearing. D. SUBDIVISION COMMITTEE COMMENT: (February 17, 2011) The applicant was not present. Staff presented the item to the Committee stating the request was to allow an increase in building height. Staff stated the previous approval allow for a maximum building height of 40-feet. Staff stated the building as proposed was 40-feet at the street and approximately 70-feet in the rear. 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 raised at the February 17, 2011, Subdivision Committee meeting. The request is a revision to the site plan to allow an increase in the building height to approximately 70-feet. The building is proposed with three (3) levels above a finished basement. The Zoning Ordinance for the O-2, Office and Institutional Zoning District states - No building hereafter erected or structurally altered shall exceed a height of forty- five (45) feet at the required front, side or rear yard setback lines. Building heights proposed in excess of forty-five (45) feet may be authorized by the Planning Commission in conjunction with the site plan review. However, the following formula shall rule: At the height permitted at said yard setback lines, one (1) foot may be added to the height of the building for each foot that the building or portion thereof is set back from the required yard lines. In no instance shall the maximum height of the building exceed one hundred twenty (120) feet. The site plan as proposed has adequate setbacks to allow the increased height along the northern, southern and western perimeters. The eastern perimeter has the minimum setback required by the zoning district of 25-feet. The eastern perimeter is located adjacent to the existing Lisa Academy School site. Staff is supportive of the request to allow the building height as proposed. The area in which the setback is not adequate to accommodate the typical height per the zoning district is the property line located adjacent to this property owner’s March 10, 2011 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-3689-J 4 existing school facility. Staff does not feel this will significantly impact the development or the area. At the street side the building is less than the 45-feet allowed per the zoning ordinance. The increased height will be apparent from the rear of the structure due to the slope of the site. The rear of the structure abuts a large open space and floodway area and there is a significant distance between this property and the abutting roadway, I-630. To staff’s knowledge there are no remaining outstanding technical issues associated with the request. Staff feels the increased building height is appropriate. F. STAFF RECOMMENDATION: Staff recommends approval of the request to allow the increased building height as proposed by the applicant. PLANNING COMMISSION ACTION: (MARCH 10, 2011) The applicant was present. There were no registered objectors present. Staff presented the item was a recommendation of approval of the request to allow the increased building height as proposed by the applicant. There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 11 ayes, 0 noes and 0 absent. March 10, 2011 ITEM NO.: 7 FILE NO.: Z-4923-J NAME: Shackleford Crossing Revised Long-form PCD LOCATION: Located on the Southwest corner of Shackleford Road and I-430 DEVELOPER: Drive Clean, LLC 1120 South Albert Pike Avenue Forth Smith, AR 72903 ENGINEER: Core States Group 216 East Popular Street Rogers, AR 72756 AREA: 98.40 acres NUMBER OF LOTS: 18 lots & Tracts FT. NEW STREET: 0 LF CURRENT ZONING: PCD ALLOWED USES: C-2, Shopping Center District, O-2, Office and Institutional and the Conditional Uses allowed in the O-2, Office and Institutional Zoning District PROPOSED ZONING: Revised PCD PROPOSED USE: Add an additional lot to the overall site plan and site plan review and approval of a carwash on one of the proposed out parcels. VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: The Little Rock Board of Directors adopted Ordinance No. 19,237 on November 23, 2004, approving a Conceptual PCD known as Shackleford Crossing Long-form PCD, which was located at the southwest corner of South Shackleford Road and Interstate 430. The conceptual plan included the north 62 acres being developed with C-2, Shopping Center District permitted uses, the south 20 acres being O-2, Office and Institutional District permitted uses and the middle 15 acres being a transition area where O-2, Office and Institutional District and C-2, Shopping Center District permitted uses would be allowed. The plan also showed four (4) out parcels along the March 10, 2011 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-4923-J 2 Shackleford Road frontage, with three (3) main entry drives from Shackleford Road. The total project would consist of 1,000,000 square feet of gross building area. Ordinance No. 19,399 adopted by the Little Rock Board of Directors on September 20, 2005, established revisions to the previously approved PCD. The approval defined the site plan for Phase I, the commercial portion of the project and one (1) of the office lots. With the request, a preliminary plat for the subdivision of the site with sixteen (16) lots and out-parcels was also approved. The approved site plan included an area previously excluded containing the Comcast office tract on Shackleford Road and incorporated the area into the overall project plan. All the conditions that were a part of the approved Conceptual PCD were incorporated into the submittal with one (1) revision. The one (1) change requested from the prior conditions was to increase the allowable restaurant square footage and place a minimum parking ratio requirement for restaurants on the site as imposed by the developer. Ordinance No. 19,699 adopted by the Little Rock Board of Directors on February 20, 2007, revised the PCD to clarify the signage plan, allow dock doors to be oriented to Shackleford Road and add food store as an allowable use for the site. On May 8, 2008, the Little Rock Planning Commission recommended approval of a request to allow a revision to the previously approved PCD for a 2.2-acre parcel located near the southeastern portion of the site immediately south of the proposed Wal-Mart retail store. The approval allowed for development of a four (4) story 92 room hotel with paved drives and parking. The hotel was not proposed with any amenities such as conference rooms, a restaurant or a bar. The approval allowed building signage on three facades of the building and a ground sign with a maximum height of thirty-six (36) feet and a maximum sign area of one hundred sixty (160) square feet. The Board of Directors approved the request on June 3, 2008, by the adoption of Ordinance No. 19,980. On July 15, 2008, the Little Rock Board of Directors approved a revision to the PCD by the adoption of Ordinance No. 19,994 to clarify and amend some of the language in the conditions. The modifications include the addition of Conditional Uses in the O-2, Office and Institutional Zoning District to the allowable uses for the office portion of the development and to increase the amount of restaurant square footage approved for the development. The revision allowed 55,000 square feet of restaurant space on the out parcels and a maximum of 80,000 square feet within the overall development. The approval also allowed a hotel on Lot 11 which is located near the southwest corner of the site. The hotel was indicated with a maximum of four (4) stories and 87 rooms. The hotel would not have a restaurant or bar associated with it but a 1,200 square foot meeting room was proposed. The approval allowed building signage on three facades March 10, 2011 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-4923-J 3 of the building and a ground sign with a maximum height of thirty-six (36) feet and a maximum sign area of one hundred sixty (160) square feet. On January 8, 2009, the Little Rock Planning Commission denied a request by Cracker Barrel to allow the placement of temporary storage modules within the rear parking area of the restaurant to serve as temporary inventory storage for seasonal sales. The denial was not appealed to the Board of Directors for reconsideration. On February 25, 2010, the Little Rock Planning Commission was to hear a request to allow the development of Lot 7B (an out-parcel located on South Shackleford Road) with a four (4) story hotel containing 84 rooms. The applicant withdrew the item prior to the Commission hearing the request. Ordinance No. 20,282 adopted by the Little Rock Board of Directors on June 15, 2010, allowed a revision to the PCD to allow the construction of a four (4) story hotel containing 72 guest rooms on a 1.8 acre lot within Shackleford Crossing Subdivision. The development was proposed containing 80 parking spaces. The hotel was proposed as a LaQuinta Inn and Suites. The hotel was proposed with a meeting facility and indoor pool area but did not include a full service restaurant or bar. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The developers are proposing to amend the previously approved PCD by splitting Lot 4B into Lots 4B-R2 (+/- 0.81 acres) and 4D (+/- 1.0 acres). In addition the request includes the addition of a carwash as an allowable use for the development and the approval of a site plan for Lot 4B-R2 to allow the lot to develop with an express tunnel carwash. B. EXISTING CONDITIONS: The shopping center has developed and Wal-Mart was recently completed and opened. Comcast is located within the development and three hotels have been constructed. Along Shackleford Road there are two restaurants located on out- parcels and a third is under construction. Other uses in the area include Camp Aldersgate, a vacant property recently approved as a PCD for a mixed use development containing residential, office and retail, residential and a number of small commercial uses located to the south along South Shackleford Road. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from the area property owners. All property owners located within 200 feet of the site, all residents, who could be identified, located within 300 feet of the site and the John Barrow Neighborhood Association were notified of the public hearing. March 10, 2011 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-4923-J 4 D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. The applicant should provide power for the streetlights located on the west side of Shackleford Road from I-430 south to the southern property line of the subdivision. 2. The processed wash water from the carwash should be discharged into the Little Rock sanitary sewer. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Contact Little Rock Wastewater Utility for information concerning the procedures for discharge of wash water into the sanitary sewer system. Entergy: Approved as submitted. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPS) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the PRZ assembly, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW’s Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the developer’s expense. Please submit plans for water facilities 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 Department of Health Engineering Division and the Little Rock Fire Department is required. Contact Central Arkansas Water regarding the size and location of the water main. A Capital Investment Change based on March 10, 2011 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-4923-J 5 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. 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. Additional fire hydrant(s) will be required. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is located on CATA Bus Route #3 – the Baptist Medical Center Route. Parks and Recreation: No comment. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the I-430 Planning District. The Land Use Plan shows Mixed Office Commercial for this property. Mixed Office Commercial requires developments to have office use but may also have commercial use as part of a Planned Zoning District review. The applicant has applied for a revision to an existing Planned Commercial District to create an additional lot and review a carwash on this new lot. The overall development has both office and commercial uses within it. Master Street Plan: This application has frontage on Interstate 430 and along Shackleford Road. Shackleford Road is a Principal Arterial. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Shackleford Road since it is a Principal Arterial. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes shown in the immediate vicinity. Landscape: 1. The site plan must comply with the City’s landscape and buffer ordinance requirements. 2. The development was reviewed as an overall development plan containing multiple lots. The approval required each of the individual lots to contain an March 10, 2011 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-4923-J 6 automatic irrigation system to water landscape areas at the time of development. 3. Prior to the issuance of a building permit a landscape plan must be submitted to the City. The development is being reviewed as an overall development plan therefore each of the lots will require a landscape plan stamped with the seal of a registered landscape architect at the time of building permit. 4. The landscape ordinance requires a nine (9) foot wide perimeter landscape strip around the sites entirety. A variance from the City Beautiful Commission must be obtained prior to the issuance of a building permit. 5. Interior landscape islands are required to be provided. The landscape ordinance requires a minimum of eight percent (8%) of the paved areas be landscaped with interior islands of at least 7 ½ feet in width and 150 square feet in area. The interior islands must be evenly distributed throughout the site. 6. Building landscaping will be required with the proposed development. 7. Dumpster, loading docks, heating and air conditioning units, external storage of materials, communications equipment and similar outside activities and appurtenances must be screened from abutting properties and streets. G. SUBDIVISION COMMITTEE COMMENT: (February 17, 2011) The applicant was not present. Staff presented the item stating the request was to amend the previously approved PCD to add an additional lot and add a carwash as an allowable use for the development. Staff stated they would work with the applicant to resolve any outstanding technical issues associated with the request. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan and revised cover letter addressing concerns raised by staff at the February 17, 2011, Subdivision Committee meeting. The applicant is proposing a revision to the approved PCD for Shackleford Crossing to add an additional out-parcel and to add a carwash as an allowed use for the development. The developer of the carwash has indicated there are two point sale terminals located on the south side of the property. The sale terminals are only audible during operating hours and are used to instruct the customers through the menu selections. There is no live voice from either the carwash attendants or the March 10, 2011 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-4923-J 7 customers. The volume control is fully adjustable from 50-80 decibels. The customer interacts by touching the screen as opposed to speaking commands. The audible responses from the terminal allow the customer to hear the selection made and instruct the customer as to the next action. The sound is set at normal conversation levels. A screening wall is located on the site plan to aid in deflecting the sound. The revised site plan indicates the placement of a masonry wall on three sides with similar materials as the building construction. Landscaping will be placed around the enclosure to lessen the impact on the abutting street. The site plan indicates the construction of a tunnel carwash facility and the placement of six (6) vacuum stations servicing twelve (12) parking positions. The vacuum stations are only a hose stand. The vacuum system is serviced from a central vacuum motor located inside the trash enclosure, which reduces the noise level significantly compared to other types of carwash vacuum systems. As per the approved PCD the development will be served by a ground mounted monument sign not to exceed ten feet in height and one hundred square feet in area. Directional signage per the typical zoning ordinance standards will be placed on the site. The maximum percentage of façade area to be covered by signage will be less than the typical ordinance standards for commercial zones. As per the approved PCD signage will be located on two facades; the southern and western facades. The hours of operation for the carwash facility will be Monday through Saturday from 8 am to 8 pm and Sunday from 9 am to 7 pm. There are six to ten employees of the business. Although the applicant has done an adequate job in addressing the technical issues associated with the site plan, staff has concerns with the placement of this type use within the development. Carwash facilities are typically allowed within the C-4, Open Display Zoning District. The Declaration of Restrictive Covenants which is a part of the PCD approval limited the placement of auto repair bay doors to areas which were not visible from South Shackleford Road. The plan as proposed places the orientation of the building with the entrance to South Shackleford Road and the front of the building oriented to the parking area. Staff does not feel a carwash at this location on the site is appropriate. I. STAFF RECOMMENDATION: Staff recommends denial of the request. March 10, 2011 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-4923-J 8 PLANNING COMMISSION ACTION: (MARCH 10, 2011) Mr. Scott McLain was present representing the application request. There were no registered objectors present. Staff presented the item with a recommendation of denial of the request. Mr. McLain stated his company owned 23 carwashes in six (6) states. He stated the company strived to be a good neighbor. He stated if the development was approved the store would be the 10th location in Arkansas. He stated Camp Aldersgate had provided a letter of support. Mr. McLain stated his carwash was not like most. He stated there would be little to no noise generated from the site. He stated any noise would be located along the western end of the building where the driers were located. He stated the vacuum system was a central vacuum, which limited sound emissions. He stated the signage plan was consistent with the approved PCD. Mr. McLain stated the doors would be open during business hours but would be closed during the evening. He stated the elevation of the street and the site would limit visibility of the tunnel from South Shackleford Road. Mr. McLain stated the order boards did not offer interaction with the customer. He stated once a choice was made the board instructed the customer of the next steps. The Commission questioned Mr. McLain as to the location of the dumpster. Mr. McLain stated the dumpster was located along South Shacklefrod Road but would be placed in an enclosure constructed of similar materials as the building. He stated gates would also be placed on the enclosure to screen the dumpster from the customer traffic. He stated landscaping would be placed around the enclosure as required by the approved PCD. He stated there was staff on site to keep the premises clear of trash. The Commission questioned the hours of operation. Mr. McClain stated the free air and water and the vacuums were powered down when the business was not open. He stated with these items not being available this limited the number of persons on the site after hours. He stated the Shackleford Crossing development employed a security guard. He stated if necessary he would also request the guard to patrol his property as well. There was no further discussion of the item. The chair entertained a motion for approval of the item subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. The motion carried by a vote of 11 ayes, 0 noes and 0 absent. March 10, 2011 ITEM NO.: 8 FILE NO.: Z-5967-D NAME: Williams Revised Short-form POD LOCATION: Located at 5819 Young Road DEVELOPER: Latasha Williams 5819 Young Road Little Rock, AR 72209 SURVEYOR: James Farris, PLS P.O. Box 10384 Conway, AR 72034 AREA: 0.208 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: POD ALLOWED USES: Barber/Beauty Shop, General and Professional Office, Daycare PROPOSED ZONING: Revised POD PROPOSED USE: Add single-family residential as an allowable use VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: Prior to annexation, the structure at 5819 Young Road housed a day care center. The property was brought into the City of Little Rock with a nonconforming O-1 zoning status. At some point, the structure was remodeled into a four-unit apartment building, which was a violation of the property’s zoning. On April 18, 1995, the Planning Commission approved a rezoning of the property to R-5 to allow the use of the structure as a four-unit apartment. However, on May 16, 1995, the Board of Directors denied the rezoning request. March 10, 2011 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-5967-D 2 On March 28, 1996, the Planning Commission approved a rezoning of the property to C-1, again to allow the four-unit apartment building. As before, the Board of Directors denied the rezoning request on July 16, 1996. Ordinance No. 17,931 adopted by the Little Rock Board of Directors on February 16, 1999, rezoned the property from R-2, Single-family to POD. The approval allowed the use of the existing building as an office and barber/beauty shop. The approval allowed the utilization of 1,820 square feet of the structure as a law office and the remaining 980 square feet as a three (3) chair barber/beauty shop. One of the two existing drives was to be closed and a new area of parking was to be added on the south side of the building which would contain nine (9) parking spaces. The front 12-foot by 21-foot canopy was to be removed in order to accommodate two (2) additional parking spaces. The hours of operation were approved from 8:00 am to 5:00 pm Monday through Friday. Wall signage was approved not to exceed ten (10) percent of the façade area of the front of the building. The canopy was not removed and the new parking areas were not developed. Ordinance No. 20,190 adopted by the Little Rock Board of Directors on November 17, 2009, allowed a revision to the previously approved POD to add daycare as an allowable use for the property. The approval allowed up to thirty (30) children ranging from six (6) weeks to twelve (12) years of age. The daycare center would provide all day care and after school care. The hours of operation were approved from 6 am to 6 pm Monday through Friday. One van was proposed for the daycare center to provide transportation to and from area schools. The center would employ four (4) staff persons. The daycare center did not operate from this site. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is now proposing to amend the previously approved POD to add single-family residential as an allowable use for the property. The applicant has indicated she intends to live within the structure and operate a single chair barber shop from the building. No exterior modifications are proposed for the site. Signage will be limited to building signage and a single ground sign consistent with signage allowed in office zones. B. EXISTING CONDITIONS: The lot contains an existing one story brick and frame building which has 5,800 square feet of floor area. There is a shared common wall with an additional 900 square feet of floor area located on a separate lot to the west of this development. There is a small partially paved parking area located in the front of the building. March 10, 2011 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-5967-D 3 Interstate 30 is located immediately south of and adjacent to the property. Single-family and multi-family residences are located to the north across Young Road. There is one single-family residence located to the west, with commercial uses further west along Geyer Springs Road. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from the area property owners. All property owners located within 200 feet of the site, all residents, who could be identified, located within 300 feet of the site, the Wakefield Neighborhood Association and Southwest Little Rock United for Progress were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 2. Young Road is classified on the Master Street Plan as a collector street. A dedication of right-of-way 30 feet from centerline will be required. 3. Backing into a collector street (Young Road) from this lot is considered unsafe. A paved area should be provided for vehicles to turnaround on the property and not back into Young Road. 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 this project. Entergy: Approved as submitted. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: No objection. All Central Arkansas Water requirements in effect at the time for request of water service must be met. Contact Central Arkansas Water if additional fire protection or metered water service is required. Fire Department: Place fire hydrants per code. Contact Little Rock Fire March 10, 2011 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-5967-D 4 Department for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. Parks and Recreation: No comment. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the 65th Street East Planning District. The Land Use Plan shows Mixed Use for this property. Mixed Use allows any combination of residential, office or commercial use or just one of these uses as long as a Planned Zoning District is used for the review of the application. The applicant has applied for a revision to an existing Planned Office District to allow single-family use as an option. Master Street Plan: This application is between the Frontage Road for Interstate 30 and Young Road. Young Road is shown as a Collector. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class III bike route is shown along Young Road. A Class III bikeway is a signed route on a street shared with traffic. No additional paving or right-of-way is required. Class III bicycle route signage may be required. Landscape: 1. The site plan must comply with the City’s landscape and buffer ordinance requirements. 2. Any new paved areas will require landscaping in compliance with the current City Landscape Ordinance. G. SUBDIVISION COMMITTEE COMMENT: (February 17, 2011) The applicant was not present. Staff presented the item stating there were no outstanding technical issues associated with the request. Staff stated the applicant was seeking approval to allow single-family as an allowable use for the property. Staff stated there were no other modifications proposed. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. March 10, 2011 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-5967-D 5 H. ANALYSIS: There were no outstanding technical issues associated with the request in need of addressing raised at the February 17, 2011, Subdivision Committee meeting. The request is to amend the previously approved POD to add single-family residential as an allowable use for the property. The applicant has indicated she intends to live within the structure and operate a single chair barbershop from the building. The building is a single story building containing 5,800 square feet. There is a common lot line extending through the building with an additional 900 square feet. The site is currently paved but not striped. It appears six parking spaces are available on this site. The adjoining lot is also paved and provides parking for the adjacent use. Parking for a barbershop is based on square footage of gross building area used for the activity. The applicant has indicated she will live in a portion of the building and operate a single chair shop from the remainder of the building. The parking as proposed is adequate to serve the proposed residential and single barbershop use. There are no exterior modifications proposed for the site. Signage will be limited to building signage and a single ground sign consistent with signage allowed in office zones or a maximum of six feet in height and sixty-four square feet in area. Staff is supportive of the request. Staff feels the addition of a single-family residence as an allowable use and to use a portion of the building as a single chair barbershop will not significantly impact the site or the area. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. PLANNING COMMISSION ACTION: (MARCH 10, 2011) Ms. Latasha Williams was present representing the request. 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. Commissioner Laha raised questions of ownership of the property. Ms. Williams stated she was purchasing the property from Mr. Ryles. Commissioner Laha asked why there were two property owners listed for the building. Ms. Williams stated one sister sold her March 10, 2011 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-5967-D 6 portion of the building but the second sister retained ownership. She stated Mr. Ryles had not been able to reach a purchase agreement with the other sister. 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, 2 noes and 0 absent. March 10, 2011 ITEM NO.: 9 FILE NO.: Z-6698-C NAME: 3900 John Barrow Road Revised Short-form PCD LOCATION: Located at 3900 John Barrow Road DEVELOPER: Alberta Wilson 3900 John Barrow Road Little Rock, AR 72204 SURVEYOR: Brooks Surveying 20820 Arch Street Pike Hensley, AR 72065 AREA: 1.14 acres NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF CURRENT ZONING: PCD ALLOWED USES: Mixed Office/Commercial PROPOSED ZONING: Revised PCD PROPOSED USE: Mixed Office/Commercial – Add Special Events Center, Additional Retail and Restaurant VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: On August 3, 1999, the Board of Directors adopted Ordinance No. 18,078, rezoning the property from R-3 to PCD. The approved PCD allowed a single building mixed office/commercial development. The approved site plan included a 10,000 square foot building (17 feet in height) located near the center of the site, with parking on the north, south and east sides. The following uses were approved for the building: 1. Supplies Plus Co., Inc. (Office/showroom/warehouse) – 3,108 square feet (760 square feet of warehouse space) 2. Two (2) beauty salons – 1,936 square feet total 3. General office use – 4,956 square feet March 10, 2011 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-6698-C 2 Alternate uses for the site were to be O-3, General Office District uses. Wall-mounted signage conforming to the ordinance standards for office zoning was also approved for the project. Approved hours of operation were from 8:00 am to 5:00 pm, Monday through Saturday. On August 21, 2001, the Board of Directors adopted Ordinance No. 18,535, revising the previously approved PCD. The revision adjusted the amount of building area, within the approved building, to be devoted to the approved uses. The following uses were approved for the building: 1. Supplies Plus Co., Inc. (Office/showroom/warehouse) – 6,000 square feet (3,600 square feet of warehouse space) 2. Two (2) beauty salons – 2,000 square feet total 3. General office use – 2,000 square feet The adjustment in the amount of building area was the only modification to the approved PCD. O-3, General Office District uses were retained as alternative uses. On May 11, 2006, the Little Rock Planning Commission withdrew a request to amend the PCD site plan to allow the placement of a ground mounted sign on the site. The sign was proposed ten feet high and ninety square feet in area. There were no other changes to the approved site plan proposed as a part of the application request. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is now requesting an amendment to the previously approved PCD to add an events center and additional retail as allowable uses for the site. The applicant is proposing to use the 3,600 square feet formerly used as storage and warehouse space as an events center and as a restaurant during hours the events center is not in use. The applicant has indicated the hours of operation for the events center will be by booking only. The center is available for booking Monday through Friday from 7:00 pm to Midnight, Saturday from 11:00 am to Midnight and occasional Sunday bookings are available for private family gatherings such as wedding receptions, birthday celebrations, anniversaries and family reunions. The applicant has indicated alcohol is not allowed nor are events charging admission. The applicant has indicated security will be provided to ensure alcohol is not brought on the premises. The restaurant hours of operation are from 11:00 am to 4:00 pm Monday through Friday. The restaurant will also provide pickup and delivery to customers. March 10, 2011 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-6698-C 3 The request also includes a change in the use mix of the development and the allowance of an additional 2,400 square feet of retail space. The applicant has indicated a dress shop or similar retail use is being requested as an allowable use. O-3, General Office District uses will be retained as allowable alternate uses. B. EXISTING CONDITIONS: The site is developed with the office/warehouse building. Within the Center is a Church, Insurance Agency, Beauty Salon and warehouse space. There are single-family homes located to the north, south and west with a church located to the northwest along Ludwig Street. There are two daycare centers located in the area, one on West 42nd and John Barrow Road and the second on West 36th and Ludwig Streets. Single-family residences, vacant R-3 zoned property and another church is located across Barrow Road to the east. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from the area property owners. All property owners located within 200 feet of the site, all residents, who could be identified, located within 300 feet of the site and the John Barrow Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 2. Barrow Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. The centerline of the Barrow Road right-of-way is not provided on survey. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer is available to this property. Entergy: Approved as submitted. Center-Point Energy: No comment received. AT & T: No comment received. March 10, 2011 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-6698-C 4 Central Arkansas Water: No objection. All Central Arkansas Water requirements in effect at the time for request of water service must be met. Contact Central Arkansas Water if additional fire protection or metered water service is required. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. Parks and Recreation: No comment. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Boyle Park Planning District. The Land Use Plan shows Office for this property. Office use requires developments with an office use and character. The applicant has applied for a revision to an existing Planned Commercial District with no changes to the existing structure just the addition of two commercial uses to the list of allowable uses on the site. Master Street Plan: The application is along John Barrow Road, which is a Minor Arterial. 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 John Barrow Road since it is a Minor Arterial. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes shown in the immediate vicinity. Landscape: No comment on the addition of uses within the existing building. G. SUBDIVISION COMMITTEE COMMENT: (February 17, 2011) Ms. Alberta Wilson 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 the events proposed. Ms. Wilson stated wedding receptions, birthday parties and similar activities. She stated no alcohol would be allowed. She stated access would be allowed via invitation only. The Commissioners questioned who would enforce these regulations. Ms. Wilson stated she would be on-site to ensure compliance. March 10, 2011 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-6698-C 5 Staff questioned if there was a church currently using the facility. Ms. Wilson stated a church was meeting on-site. Staff questioned where the church was meeting. Ms. Wilson stated the church was not meeting the events center area. She stated they had leased space in the office portion of the development. The Commission questioned if the proposed events center was in compliance with the ordinance recently adopted by the Board of Directors concerning events centers. Staff stated there were separation requirements which would be pointed out to the Commission as a part of the review process. Public Works comments were addressed. Staff stated any broken curb, gutter or sidewalk that was damaged in the public right of way would require repair. Staff stated a dedication of right of way for John Barrow Road would be required if the current right of way was not 45-feet. 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 survey and cover letter to staff which addresses a number of issues raised at the February 17, 2011, Subdivision Committee meeting. The applicant has indicated the hours of operation for the development, the uses currently located within the development and provided additional details concerning the request. The applicant is requesting to amend to the previously approved PCD to add an events center, a restaurant and additional retail as allowable uses for the site. The applicant is proposing to use the 3,600 square feet formerly used as storage and warehouse space as an events center and a restaurant during hours the events center is not in use. The request also includes the allowance of an additional 2,400 square feet of retail space. The applicant has indicated the additional retail space would house a dress shop or similar retail use. The applicant has indicated the hours of operation for the events center will be by booking only. The center is available for booking Monday through Friday from 7:00 pm to Midnight, Saturday from 11:00 am to Midnight and Sunday bookings will be available for private family gatherings such as wedding receptions, birthday celebrations, anniversaries and family reunions. These events will be by invitation only. The revised cover letter states alcohol will not allowed nor will events charging admission or a cover charge. The applicant has indicated security will be provided to ensure alcohol is not brought on the premises. March 10, 2011 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-6698-C 6 The restaurant hours of operation are from 11:00 am to 4:00 pm Monday through Friday. The restaurant will also provide pickup and delivery to customers. The restaurant will not be open to the public when the events center is rented. The hours of operation for the remainder of the center are from 9:00 am to 7:00 pm Monday through Saturday. There is church located in the center which holds service on Sunday from 10:00 am to 1:30 pm. The site currently has 33 parking spaces. With the use mix proposed 3,600 square feet as an event center or a restaurant the zoning ordinance would typically require 36 parking spaces, 2,400 clothing sales would typically require 8 parking spaces, 2,000 square feet of beauty salon area would typically require 10 parking spaces and 2,000 square feet of office would typically require 6 parking spaces for a total of 60 parking spaces. Staff has concerns with the use mix proposed and the parking available to serve the development. Ordinance No. 20,407 adopted by the Little Rock City Board of Directors on February 15, 2011, established guidelines for locating events centers. The ordinance states event centers may 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, public or private elementary, secondary or post-secondary school, day care center or any facility that operates programs for children or youth or 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 event center and the residential use. The measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure proposed for occupancy as an event center to the nearest property line of any use listed. Based on the existing conditions around the development and the Board of Directors recent approval of the ordinance pertaining to the siting of special events center staff is not supportive. Within the established buffer zone of special events centers and the ordinance specified uses there are residential homes located to the north, south and west of the development. There are also two daycare centers and churches located within the 750-feet buffer zone. In addition there is a church located within the shopping center proposed for the special events center. I. STAFF RECOMMENDATION: Staff recommends denial of the request. March 10, 2011 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-6698-C 7 PLANNING COMMISSION ACTION: (MARCH 10, 2011) Ms. Alberta Wilson was present representing the request. There were no registered objectors present. Staff presented the item with a recommendation of denial. Ms. Wilson addressed the Commission on the merits of her request. She stated she had lived in the area for 24 years and started as a tenant in the building and later purchased the building. She stated the desire was to use the former warehouse building as an events center. She stated the area was being used by a church and she had used the area for fashion shows. She stated she would not allow events which served alcohol or anyone on the premise consuming alcohol. She stated the events were held on Friday and Saturday only. She stated the parking lot would accommodate up to 75 cars and the building had an occupancy capacity of 160 persons. There was a general discussion by the Commission concerning the newness of the ordinance and the separation requirements placed in the ordinance by the Board of Directors. The Commission questioned Deputy City Attorney Cindy Dawson if the Commission had flexibility to approve a request. Ms. Dawson stated within the ordinance there was language stating the separation requirements for events centers was to be determined by the Planning Commission so as to not adversely impact the neighborhood. She stated the ordinance further stated events centers were subject to additional requirements which included the wording shall for siting criteria near residential, daycare centers and schools as well as few other additional identified uses. The Commission questioned Ms. Wilson as to the type events held. She stated church functions, fashion shows, family gatherings. The Commission questioned how the site could park 75 cars. She stated by angling and stacking the cars the lot would hold more than it was striped to hold. Staff reminded the Commission there was no parking on John Barrow Road and any over flow would spill into the neighborhood. Mr. Marshal Peters addressed the Commission on behalf of Ms. Wilson. He stated his company managed the property for Ms. Wilson. He stated the primary user of the events center was a church. He stated the request was not to add a full service restaurant but a catering business to the site. He stated the hours of the catering service would not overlap with the hours of the events center. The Commission question Ms. Wilson if she was willing to limit the approval to her use and not allow the approval to transfer to any future owner. Ms. Wilson stated she was willing to impose this condition on the approval. The chair entertained a motion for approval of the item as amended to limit the approval of the events center to Ms. Wilson. The motion failed by a vote of 1 ayes, 10 noes and 0 absent. March 10, 2011 ITEM NO.: 10 FILE NO.: Z-8472-B NAME: Mid-Towne at Fair Park Revised Long-form PCD LOCATION: Located on the Southwest corner of I-630 and Fair Park Boulevard DEVELOPER: AA Development Attn. Scott Richburg 12911 Cantrell Road, Suite 7-118 Little Rock, AR 72223 ENGINEER: Richburg Services Group Attn. Scott Richburg 12911 Cantrell Road, Suite 7-118 Little Rock, AR 72223 Crafton Tull Sparks Attn. Barry Williams 10825 Financial Center Parkway, Suite 300 Little Rock, AR 72211 AREA: 6.31 acres NUMBER OF LOTS: 3 Lots FT. NEW STREET: 0 LF CURRENT ZONING: PCD ALLOWED USES: Hotel, Restaurant, Parking lot PROPOSED ZONING: Revised PCD PROPOSED USE: Add convenience store with gas pumps VARIANCES/WAIVERS REQUESTED: None requested. The applicant submitted a request on March 1, 2011, requesting deferral of this item to the April 21, 2011, public hearing. Staff is supportive of the deferral request. March 10, 2011 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-8472-B 2 PLANNING COMMISSION ACTION: (MARCH 10, 2011) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request on March 1, 2011, requesting deferral of the item to the April 21, 2011, public hearing. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 11 ayes, 0 noes and 0 absent. March 10, 2011 ITEM NO.: 11 FILE NO.: Z-8631 NAME: 3013 Fair Park Boulevard Short-form PD-O LOCATION: Located at 3013 Fair Park Boulevard DEVELOPER: Quentin E. May, PLC 2725 Cantrell Road Little Rock, AR 72202 SURVEYOR: James Farris, PLS P.O. Box 10384 Conway, AR 72034 AREA: 0.29 acres NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF CURRENT ZONING: R-3, Single-family ALLOWED USES: Single-family residential PROPOSED ZONING: PD-O PROPOSED USE: Lodge for fraternity chapter associated with UALR VARIANCES/WAIVERS REQUESTED: None requested. The applicant failed to attend the February 17, 2011, Subdivision Committee meeting. Staff recommends deferral of this item to the April 21, 2011, public hearing to allow the applicant to attend the March 31, 2011, Subdivision Committee meeting. PLANNING COMMISSION ACTION: (MARCH 10, 2011) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had failed to attend the February 17, 2011, Subdivision Committee meeting. Staff presented a recommendation of deferral of the item to the April 21, 2011, public hearing to allow the applicant to attend the March 31, 2011, Subdivision Committee meeting. March 10, 2011 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-8631 2 There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 11 ayes, 0 noes and 0 absent. March 10, 2011 ITEM NO.: 12 FILE NO.: Z-8632 NAME: Arkansas Urology Clinic Short-form POD LOCATION: Located on the West side of Centerview Drive just South of Kanis Road DEVELOPER: Arkansas Urology c/o Kincaid Development 2100 Riverdale Road, Suite 100 Little Rock, AR 72202 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 4.0 acres NUMBER OF LOTS: 2 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family ALLOWED USES: Single-family residential PROPOSED ZONING: POD PROPOSED USE: Parking lot to serve an adjacent business VARIANCES/WAIVERS REQUESTED: A variance from the Subdivision Ordinance to allow the creation of a lot without public street frontage. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is proposing the subdivision of an existing four plus acre parcel into two lots and the rezoning of one of the lots to POD. The southern lot is proposed for the rezoning to POD to allow the immediate construction of a parking lot to serve Arkansas Urology Clinic which is located adjacent to the site. There are no changes proposed for the remaining area which will remain zoned R-2, Single- family. March 10, 2011 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-8632 2 B. EXISTING CONDITIONS: The area proposed for rezoning is wooded with access extending via an access easement from Kanis Road to the northern portion of this site. There are three structures located on the overall parcel of property, an office fronting Kanis Road and two other non-residential buildings accessed via an access easement extending from Kanis Road. The areas to the east and south are developed with office uses including Arkansas Urology Clinic, the Federal Bureau of Investigations and the Arkansas Realtors Association. A property to the west is zoned POD and is being redeveloped as a daycare center. Also to the west is a property zoned POD which is developed as an office warehouse containing four buildings. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from the area property owners. All property owners located within 200 feet of the site, all residents, who could be identified, located within 300 feet of the site and the John Barrow Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. Is the applicant requesting advanced grading? 2. Stormwater detention ordinance applies to this property. 3. 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. 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. Provide the proposed access to the proposed building, not possible access locations. March 10, 2011 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-8632 3 E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: Easements are required around the sites perimeter. Contact Engergy for additional information. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: A water main extension will be required to provide water service to this property. All Central Arkansas Water requirements in effect at the time of request for water service must be met. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPS) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the PRZ assembly, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW’s Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the developer’s expense. Please submit plans for water facilities 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 Department of Health Engineering Division and the Little Rock Fire Department is required. Contact Central Arkansas Water regarding the size and location of the water meter. A Capital Investment Change 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. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. The 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. March 10, 2011 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-8632 4 Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department concerning how the southern building will be served by fire protection. County Planning: No comment. CATA: The site is located near CATA Bus Route #3 – the Baptist Medical Center Route. Parks and Recreation: No comment. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the I-430 Planning District. The Land Use Plan shows Office for this property. Office use requires developments with an office use and character. The applicant has applied for a Planned Office District, to allow for a new parking lot and an office/warehouse structure. Master Street Plan: The applications does not have frontage on a public street or private street. Bicycle Plan: There are no bike routes shown in the immediate vicinity. Landscape: 1. The site plan must comply with the City’s landscape and buffer ordinance requirements. 2. The landscape ordinance requires a minimum of eight percent (8%) of the paved areas be landscaped with interior islands of at least 7 ½ feet in width and 150 square feet in area. The interior islands must be evenly distributed throughout the site. 3. The zoning buffer ordinance requires the placement of a minimum land use buffer along the northern perimeter of the site of nine feet (9’). 4. The Landscape Ordinance requires the placement of a nine (9) foot landscape strip around the site’s entirety. 5. The property to the north is zoned residential; therefore, a six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along this perimeter. 6. Building landscaping will be required with the proposed development. March 10, 2011 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-8632 5 G. SUBDIVISION COMMITTEE COMMENT: (February 17, 2011) Mr. Joe White and Mr. John Kincade were present representing the request. Staff presented an overview of the development stating there were a number of technical issues in need of addressing prior to the Commission acting on the request. Staff stated the area of the entire existing parcel would be reviewed as a subdivision. The site plan as proposed included an office warehouse building on Tract B with potential access from an adjacent property and through the parking lot proposed to serve Arkansas Urology. There was a general discussion concerning the building proposed for Tract B. Staff stated the primary concern was related to access. Staff stated the site plan could not indicate possible access but should include the access to serve the lot. Mr. White stated they would remove the building from the site plan and resubmit if and when a development opportunity occurred. He stated at that time the access issues would be resolved. Public Works comments were addressed. Staff stated a grading permit would be required prior to development. Staff also stated the stormwater detention ordinance would apply to the development of the lots. Landscaping comments were addressed. Staff stated screening would be required along the northern perimeter. Staff also stated the parking lot would require landscaping to comply with the City’s Landscape ordinance. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing the issues raised at the February 17, 2011, Subdivision Committee meeting. The revised plan includes two (2) lots. The office/warehouse building has been removed. The northern lot, Lot 1, has frontage on Kanis Road. Lot 2 is proposed for rezoning to POD. This lot is being created as a lot without public street frontage. There are no redevelopment plans for Lot 1. Lot 2 will be developed with a 132 space parking lot to serve an adjacent office use, Arkansas Urology Clinic. The approval will require a variance from the City’s Subdivision Ordinance to allow the creation of Lot 2 as a lot without public street frontage. The lot will be served via an access easement extending from Kanis Road to the northern March 10, 2011 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-8632 6 boundary of this property and a driveway connection from the proposed parking lot to the existing Arkansas Urology Clinic parking lot will be provided. The site plan indicates the new parking area will be landscaped per the City’s Landscape Ordinance requirements. In addition a screening fence will be located along the northern perimeter to screen the use from the adjacent residentially zoned property. Staff is supportive of the request. To staff’s knowledge there are no remaining outstanding technical issues associated with the request. Staff does not feel the rezoning of this parcel to POD to allow the construction of the new parking area or the subdivision of this existing parcel into two (2) lots and allowing the creation of one of the lots as a lot without public street frontage will significantly impact the area. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. PLANNING COMMISSION ACTION: (MARCH 10, 2011) Mr. Joe White of White Daters and Associates was present representing the request. 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 11 ayes, 0 noes and 0 absent. March 10, 2011 ITEM NO.: 13 FILE NO.: G-25-210 Name: LaGrande Drive Street Name Change to St. Vincent Way Location: LaGrande Drive; from Chenal Parkway to Rahling Petitioner: St. Vincent Health System Request: To change the name of LaGrande Drive to St. Vincent Way Abutting Uses and Ownership: Four large, undeveloped tracts are located on the south side of the street. Three of the four are owned by Deltic Timber and the fourth is owned by St. Vincent. A driveway off of LaGrande through one of the Deltic tracts provides access to an office building, which is located on a tract to the south (the GMAC Building). Property on the north side of LaGrande consists of vacant tracts owned by Deltic and Regions Bank and The Promenade development owned by Red Development. Neighborhood Effects: Of the tracts noted above, only the GMAC Building tract takes an address off of LaGrande. The Promenade businesses take a Chenal address. The remaining tracts are vacant. Under this proposal, the GMAC building will continue to maintain a LaGrande Drive address. That building’s driveway will be named LaGrande Drive. This is the same process that was done on the north end of Champlin when it was renamed Kirk Road. At that time the driveway to the existing apartment development was named Champlin so there would be no impact on the residents of the apartments. Renaming LaGrande Drive to St. Vincent Way will have no effect on the neighborhood. Neighborhood Position: As of this writing, written support has been provided by St. Vincent and Deltic. Notice has been sent all abutting property owners and the Witry Court, Champagnolle Court and Bascom Place Neighborhood Associations. Effect on Public Services: There will be no effect on public services. No opposition has been voiced by any of the reviewing agencies. The total cost of new street signage is $1,750.00. March 10, 2011 SUBDIVISION ITEM NO.: 13 (Cont.) FILE NO.: G-25-210 2 Staff Analysis: St. Vincent Health System is requesting that the name of LaGrande Drive be changed to St. Vincent Way. St. Vincent’s new West Little Rock campus is being built on the south side of the street. Changing the street name will have no effect on other parties. The Promenade Shopping Center Development is located on the north side of the street and has a Chenal Parkway address. The GMAC Building fronts onto Chenal Parkway but has a driveway and address on LaGrande Drive. That driveway will be named LaGrande Drive so there will be no effect on the tenants of that building. The other properties abutting the street are undeveloped. There is no historic significance to the LaGrande name. It is one of the “French themed” names in Chenal. SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 17, 2011) Michael Keck was present representing the item. Staff presented the item and noted there were no outstanding issues. The Committee determined there were no issues and forwarded the item to the full Commission. STAFF RECOMMENDATION: Staff recommends approval of the request to change the name of LaGrande Drive to St. Vincent Way. PLANNING COMMISSION ACTION: (MARCH 10, 2011) Mr. Michael Keck was present representing the request. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request to change the name of LaGrande Drive to St. Vincent Way. 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 11 ayes, 0 noes and 0 absent. Sy_ V I�...�U/ I..L W a z c cn 0 z ` v z w 0 [� 0 --, Q LL Z ~ w < � o J Q LU CL' 1- I � W C m S 0 0 w L.L. Z LL- LL < Z rte( J Z w IZ W CL' loin laccc 580013 ININIIIIIII a MCIEND I mallmallim amemall offil No INIC m March 10, 2011 There being no further business before the Commission, the meeting was adjourned at 7:02 p.m.