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pc_05 19 2011
LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING MINUTE RECORD MAY 19, 2011 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present being ten (10) in number. II. Members Present: Tom Brock William Changose Janet Dillon J. T. Ferstl Rebecca Finney Keith Fountain Troy Laha Obray Nunnley, Jr. Amy Pierce Bill Rector Members Absent: Dan Harpool City Attorney: Cindy Dawson III. Approval of the Minutes of the April 7, 2011 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING MAY 19, 2011 4:00 P.M. I. OLD BUSINESS: Item Number: File Number: Title: A. G-25-209 West 19th Street Name Change to Annie Abrams Street West 19th – From Main Street to Woodrow Street B. Z-8610 McDonald’s USA Short-form PD-C, located at 104 South University Avenue. C. Z-5817-B Magnolia Terrace Addition Short-form POD, located at 15100 - 15120 Cantrell Road. D. Z-5817-C Magnolia Terrace Addition Lot 1 Short-form PCD, located at 15120 Cantrell Road. II. NEW BUSINESS: Item Number: File Number: Title: 1. Z-8655 Rezoning from C-3 to R-2 5305 Crestwood Road 2. Z-8656 Rezoning from R-2 to C-3 10412 Chicot Road 3. Z-4250-C Lubavitch of Arkansas – Revised Conditional Use Permit 11905 Fairview Road 4. Z-6570-A World Traditional Taekwondo Union Office Showroom/Warehouse – Conditional Use Permit 6210 Baseline Road 5. Z-8654 Little Rock Bow Shop Violin Shop – Conditional Use Permit 316 East 11th Street Agenda, Page Two II. NEW BUSINESS: (CONTINUED) Item Number: File Number: Title: 6. Z-8657 AQW Properties Duplexes – Conditional Use Permit NW corner of 32nd and Tatum 7. Z-8658 Harold Court – Easter Seals Apartments Conditional Use Permit East side of 1400 Block of Charlotte Drive 8. Z-5817-F Magnolia Terrace Addition Lots 1 - 3 POD Revocation, located at 15100 - 15120 Cantrell Road. May 19, 2011 ITEM NO.: A FILE NO.: G-25-209 Name: West 19th Street Name Change Location: West 19th Street, from Main Street to Woodrow Street Petitioner: Muhammad Rasheed, New Africa Alliance Request: To rename West 19th Street, from Main Street to Woodrow Street, to Annie Abrams Street. STAFF REPORT: The Planning Commission and Board of Directors are considering potential changes to the street name change process. Staff is recommending deferral of this request, pending those potential changes. On December 9, 2010, the Subdivision Committee agreed that deferral was appropriate. Staff recommends deferral of the item to the February 24, 2011 Commission meeting. PLANNING COMMISSION ACTION: (JANUARY 6, 2011) The applicant was not present. There were no objectors present. Staff recommended deferral of the item to the February 24, 2011 meeting in light of potential changes to the street name change process being considered by the Planning Commission and Board of Directors. On December 9, 2010, the Subdivision Committee agreed that deferral was appropriate. There was no further discussion. The item was placed on the consent agenda and approved for deferral by a vote of 8 ayes, 0 noes, 1 absent and 2 open positions. STAFF REPORT: It has been determined that the names submitted with the petition are deficient. There are approximately 70 addresses on the affected portion of West 19th Street, requiring the submittal of at least 36 signatures in support. Many of the signatures submitted do not indicate an address, making it impossible to determine if a sufficient number of residents support the name change. Staff recommends deferral of the item to the April 7, 2011 Agenda with the applicant instructed to submit sufficient, proper signatures prior to the March 17, 2011 Subdivision Committee meeting. May 19, 2011 ITEM NO.: A FILE NO.: G-25-209 2 PLANNING COMMISSION ACTION: (FEBRUARY 24, 2011) The applicant was present. There were no other interested parties present. The applicant, Muhammad Rasheed, read a statement from Annie Abrams in which Ms. Abrams asked that the effort to rename 19th Street in her honor be discontinued. He then read a statement from the New Africa Alliance in which “the people” stated their desire to move forward with the application. Mr. Rasheed stated he had spoken with Ms. Abrams and she was now supportive of allowing the effort to go forward. Commissioner Nunnley asked if the Wright Avenue neighborhood Association supported the street name change. Mr. Rasheed responded that he did not know. Commissioner Nunnley asked who “the people” were. Mr. Rasheed responded that they were the area residents who supported the proposal to rename 19th Street for Ms. Abrams. Commissioner Nunnley stated he supported the application but he wanted Mr. Rasheed to talk with the Wright Avenue Neighborhood Association. There was no further discussion. The item was placed on the consent agenda and deferred to the April 7, 2011 meeting by a vote of 11 ayes, 0 noes and 0 absent. STAFF UPDATE: The applicant did submit signatures after the March 17, 2011 Subdivision Committee meeting. It appears that the signatures are still deficient. Additionally, staff has been advised not to move forward with any proposed street name changes as the Board of Directors again considers potential changes to the street name change process. Staff recommends deferral of this item to the May 19, 2011 Commission agenda. PLANNING COMMISSION ACTION: (APRIL 7, 2011) The applicant was not present. There were no objectors present. Staff recommended deferral of the item as noted in the “staff report” above. There was no further discussion. The item was placed on the consent agenda and deferred to the May 19, 2011 meeting by a vote of 10 ayes, 0 noes and 1 absent. STAFF UPDATE: Staff has been advised not to proceed with any street name applications at this time as possible changes to the street name change process are being considered. Staff recommends deferral of this item to the June 30, 2011 meeting. May 19, 2011 ITEM NO.: A FILE NO.: G-25-209 3 PLANNING COMMISSION ACTION: (MAY 19, 2011) The applicant was not present. There were no objectors present. Staff recommended deferral of the item to the June 30, 2011 agenda. There was no further discussion. The item was placed on the consent agenda and deferred to the June 30, 2011 agenda by a vote of 10 ayes, 0 noes and 1 absent. May 19, 2011 ITEM NO.: B 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. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The site is located within the Mid-town Design Overlay District which requires redevelopment of site to rezone the property to a Planned Zoning Development. The request includes the removal of an existing restaurant building and the construction of a new 4,928 square foot McDonald’s restaurant. The restaurant will provide a shared access from South University Avenue with a lot located to the north. Parking will be provided via a cross parking agreement with the adjacent lot. According to the applicant the restaurant will be a prototype of a McDonald’s restaurant which is designed specifically for use in the Midtown Overly District. Only a limited number of McDonald’s restaurants of this type have been constructed. May 19, 2011 ITEM NO.: B (Cont.) FILE NO.: Z-8610 2 B. EXISTING CONDITIONS: The site contains a vacant restaurant building with a shared access drive from South University Avenue. North of the restaurant building is a multi-story office building. South of the site is a vacant commercial property formerly a branch bank. West of the site is a multi-family development and additional office buildings. East of the site is the St. Vincent’s Medical Center. This area of South University and West Markham Street is developed with regional shopping centers, restaurants and a general office uses. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a number of information phone calls from area resident. All property owners located within 200-feet of the site, all residents, who could be identified, located within 300 feet of the site, the Hillcrest Residents Neighborhood Association and the Briarwood Neighborhood Association were notified of the public hearing. The Mid-Town Advisory Board has reviewed the site plan. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Conduct a traffic study to determine the impact of proposed traffic on City streets. Determine with the proposed drive thru configuration, if vehicles will stack on City streets. If the proposed drive thru design is not adequate and alternative should be provided. If you have any questions, please contact Bill Henry in Traffic Engineering at 501-379-1816. 2. Left turns from Markham Street at this location are prohibited due to the distance from the University/Markham intersection. If left turns create a problem, left turns will be prohibited by structural controls. If you have any questions, please contact Bill Henry in Traffic Engineering at 501-379-1816. 3. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 4. 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). E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: No permanent building foundation is allowed within five (5) feet of the existing sewer main. Contact Little Rock Wastewater Utility for additional information. May 19, 2011 ITEM NO.: B (Cont.) FILE NO.: Z-8610 3 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. 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. CATA: CATA Bus Routes #17 – the Mabelvale-Downtown Route, #17A – the Mabelvale UALR Route and #21 – University Avenue Route all run along the property frontage. Parks and Recreation: No comment. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the West Little Rock Planning District. The Land Use Plan shows Commercial for this property. The applicant has applied for a rezoning from C-3 to PCD for a McDonald’s. Each Planned May 19, 2011 ITEM NO.: B (Cont.) FILE NO.: Z-8610 4 Zoning District is to be reviewed on its own merits with consideration of the Land Use Plan for the site and surrounding areas. This area is covered by the Briarwood Neighborhood Plan, but the plan does not address this issue. Master Street Plan: South University is shown as 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 University since it is a Principal Arterial. St. Vincent Circle and McKinley are both shown as Local Streets. 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. Bicycle Plan: There are no bike routes shown in the immediate vicinity. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. The site is located within the Midtown Overlay District and must comply to the codes set forth. 3. University Avenue is classified as an arterial street; therefore, the site must comply with the City of Little Rock’s Landscape Ordinance, Chapter 15. 4. The landscape ordinance requires a minimum nine-foot (9’) wide perimeter landscape strip around the sites entirety. Currently, the site is deficient on this minimal requirement along the northern perimeter of the site. A variance from the City Beautiful Commission will be required prior to the issuance of a building permit. G. SUBDIVISION COMMITTEE COMMENT: (November 24, 2010) The applicant was present. 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 site was located within the Mid-town Design Overlay District which established design criteria for development. Staff requested additional information concerning signage, dumpsters and screening, site lighting and the proposed materials for the building construction. Staff also stated the order menu board would require screening via a six foot screening wall a minimum of 20-feet in length. May 19, 2011 ITEM NO.: B (Cont.) FILE NO.: Z-8610 5 Public Works comments were addressed. Staff stated a traffic study was required to determine the impact of the proposed development on City streets. Staff stated this was needed to determine if the proposed drive-thru configuration would stack automobiles onto City streets. Staff also stated left turns from Markham Street at this location were prohibited due to the distance from the University /Markham intersection. Staff stated if left turns created a problem, left turns would be prohibited by structural controls. Staff requested the applicant provide a traffic impact study for the development. Landscaping comments were addressed. Staff stated the site development was to comply with the minimum standards of Chapter 15 and the Mid-town Design Overlay District requirements. Staff stated a nine (9) foot landscape strip was required around the site’s perimeter to comply with the Landscape Ordinance requirements. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing a number of issues raised at the November 24, 2010, Subdivision Committee meeting. The applicant has addressed staff concerns related to signage, dumpsters locations and screening. The applicant has indicated site lighting will be directional, directed downward and into the site. The applicant has provided staff with the proposed materials for the building construction. The applicant has also provided staff with a traffic impact analysis. Staff is continuing to work with the applicant on the potential for modification to area streets and the potential impact these modifications will have on traffic accessing the site. The site is located within the Mid-Town Design Overlay District. The Overlay outlines specific development criteria for redevelopment of properties within the District boundaries. The Overlay states for all new construction, at least sixty percent of the ground floor level facing internal pedestrian public circulation areas or streets are to be glass-windows, entry features or displays. The primary façade of the building is to be oriented parallel to the street, or to the principal vehicular or pedestrian routes of travel whether public or private. Buildings are to maintain a distinction between upper and lower levels. Wall projections or recesses a minimum of three feet deep and a minimum of twenty contiguous feet not to extend over twenty percent of the façade is required. Arcades, display windows, entry areas or awnings is required to exist along at least sixty percent of the façade. May 19, 2011 ITEM NO.: B (Cont.) FILE NO.: Z-8610 6 The primary entrance is to be oriented to the street or to the principal vehicular or pedestrian routes of travel within the development. Buildings are to have a clearly defined and visible customer entrance featuring elements such as overhangs, arcades, arches, canopies, peaked roof forms, display windows. All sides of the building that face abutting public or private rights of way, except alleys, shall feature at least one customer entrance. The small building development criteria requires buildings under five thousand square feet (5,000) to not allow parking to wrap the building but limited to the side and rear areas and the maximum building height allowed is thirty-five (35) feet. Exterior building materials are to be of high quality materials, such as brick, wood, stone, stucco, EIFS and are to be low reflectant, subtle, neutral or earth tone with trim and accents of brighter colors. Smooth faced concrete block, tilt- up concrete panels or prefabricated steel panels construction materials are not allowed within the DOD boundaries. The DOD states the front yard setback may be zero (0) but will not be more than twenty (20) feet. The side and rear yard setbacks may be zero (0) except where adjacent to lots containing single-family detached structures. Where adjacent to detached single-family residential the side yard setback must be not less than four (4) feet and the rear yard setback must be not less than twenty-five (25) feet. Sidewalks and pedestrian walkways fronting buildings with ground floor retail are to be at least ten (10) feet in width. Protected pedestrian walkways are to be provided through parking lots. All development must include as part of their site plan pedestrian linkages through parking areas and to adjacent buildings or developments. Surface parking areas are to be broken up or distributed around larger structures so as to shorten the distance to other buildings and public sidewalks. The parking requirement for developments within the DOD area are to be at least fifty percent (50%) of that required by the zoning ordinance. The maximum parking allowed within a development is to be the minimum parking established by the zoning ordinance. No parking is allowed in the front yard setback area. Signage must comply with Article X of the Little Rock Code of Ordinances. No off-site advertising signs are permitted. No pole-mounted signs are permitted. Monument signs identifying the developments less than one acre are limited to monument signs up to twenty-four (24) square feet in area and six (6) feet in height. No street buffer or landscaping is required along streets classified less than an arterial. When the structure is not built to the property line, landscaping is required in the area between the building and property line up to that required in the Landscape Ordinance. May 19, 2011 ITEM NO.: B (Cont.) FILE NO.: Z-8610 7 The site plan differs from the DOD in the following areas: • The DOD requires 60% openings on all public facades - the non-drive thru facade (south) does not appear to meet this requirement. • The DOD requires the front setback be not more than 20 feet – the site plan indicates a front setback of approximately 40 feet. • The DOD requires that internal drives be ten (10) to twelve (12) feet in width – the site plan indicates the front drive at eighteen (18) feet in width. • The DOD requires all crosswalks be raised, scored etc – it appears the cross walks end at the property line not allowing connectivity to the adjacent property. • The DOD requires sidewalks along building facades with windows be ten (10) feet – the site plan indicates a sidewalk along the windowed façade at 5.5 feet. • The DOD requires landscape along University Avenue (street buffer) at a minimum of nine (9) feet – the plan as presented appears to be a minimum of nine (9) feet in the southern most area but within the landscape strip is a five (5) foot sidewalk. • The DOD requires internal and site landscape of vehicular areas as required per the Landscape Ordinance – the site plan does not provide the minimum nine (9) foot landscape strip along the northern perimeter. • The DOD allows one-half of the normal parking requirement of the zoning ordinance. The maximum parking allowed is the minimum established by the zoning ordinance. With the proposed development 24 spaces would typically be required - the site plan indicates 22 spaces. The DOD states that a project may elect to use shared parking determining the total parking requirement by submitting a parking demand analysis prepared by a qualified professional. There is a shared parking agreement in place between the property owner to the north and McDonald’s. • The DOD does not allow off-site advertising signs – the development is proposed with a monument sign located on West Markham Street which is off site. • The DOD requires all building signage meet the City sign ordinance requirements – the signage along north, south and rear are proposed as signage which do not have street frontage, thus are not allowed. • The DOD requires all surface parking areas to comply with the Landscape Ordinance – the site plan as presented will not provide the required number of on-site trees, the required number of shrubs, building landscaping and interior landscaping at a minimum of eight (8) percent. May 19, 2011 ITEM NO.: B (Cont.) FILE NO.: Z-8610 8 The previous deferral allowed the City Traffic Engineer and the applicant’s traffic engineer to determine the impact of traffic generated by the development on the area City streets. Staff has met with the applicant’s traffic engineer to review the revised modeling and potential on-site and off-site improvements. In addition staff had a conference call with McDonald's concerning site traffic and modeling of traffic on West Markham Street and University Avenue. The current model of traffic still shows insufficient capacity for the drive thru traffic and left turning traffic on West Markham Street is shown blocking the through lanes for westbound traffic on West Markham Street. McDonald’s representatives have indicated that their new store design will address the capacity issues with the site traffic. However, the major issue of blocking the intersection of West Markham Street and University Avenue due to insufficient left turn lane capacity for westbound left turning vehicles into the site still exists. Improvements being recommended by the applicant does not solve the left turning traffic capacity issue on West Markham Street. The plan as submitted still has significant traffic problems associated with it, which can not be ignored. Based on concerns of potential impacts of traffic on West Markham and University Avenue and the areas of non-compliance with the Mid-town Design Overlay District staff is not supportive of the request as filed. I. STAFF RECOMMENDATION: Staff recommends denial. 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, 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. May 19, 2011 ITEM NO.: B (Cont.) FILE NO.: Z-8610 9 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. 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. May 19, 2011 ITEM NO.: B (Cont.) FILE NO.: Z-8610 10 PLANNING COMMISSION ACTION: (APRIL 21, 2011) The applicant was not present. There were no registered objectors present. Staff presented the item with a recommendation of deferral of the item to the May 19, 2011, public hearing. Staff stated the deferral was necessary to allow staff additional time to review the revised traffic study. There was no further discussion of the item. The Chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. PLANNING COMMISSION ACTION: (MAY 19, 2011) The applicant was not present. There were no registered objectors present. Staff presented the item with a recommendation of deferral of the item to the June 30, 2011, public hearing. Staff stated the deferral was necessary to allow staff additional time to review additional information submitted 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 10 ayes, 0 noes and 1 absent. May 19, 2011 ITEM NO.: C FILE NO.: Z-5817-B NAME: Magnolia Terrace Addition Short-form POD LOCATION: Located at 15100 and 15120 Cantrell Road DEVELOPER: Battery Outfitters HWY 86 Golden, MO 65658 ENGINEER: William Dean, PE 209 Roya Lane Bryant, AR 72022 AREA: 4.06 acres NUMBER OF LOTS: 4 FT. NEW STREET: 0 LF CURRENT ZONING: Expired POD ALLOWED USES: No uses are allowed due to the expiration of the POD zoning – Underlying zoning is R-2, Single-family – Staff has initiated a revocation of the POD zoning - Item 8 Case File No. Z-5817-D PROPOSED ZONING: POD PROPOSED USE: O-3, General Office District and C-1, Neighborhood Commercial District uses VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: Ordinance No. 16,690 adopted by the Little Rock Board of Directors on June 7, 1994, established South Hills Terrace Addition Short-form POD, for a portion of this site containing 1.27 acres. Ordinance No. 16,691 allowed for a deferral of the required sidewalk, the required detention and the front yard landscaping for three years or to within sixty days of completion of the sewer main which was proposed for constructed along the Highway 10 frontage of the property. The proposal included (Phase I) the utilization of an existing residential structure located at the rear of the site as an office use for a civil engineering company and (Phase II) was to consist of the construction of May 19, 2011 ITEM NO.: C (Cont.) FILE NO.: Z-5817-B 2 a second office building (5,080 square feet) at the front of the property. The Phase I proposal included the remodeling of the existing structure and the utilization of the existing 12-foot driveway. The Phase II portion included the abandonment of the existing driveway, closure of the existing curb cut, and construction of a new driveway and curb cut. The new curb cut was to be 24-feet. A new septic system was proposed on the site with connection to city sewer when service became available. The applicant indicated upon availability of sewer service Phase II would be initiated. Ordinance No. 18,211 adopted by the Little Rock Board of Directors on February 15, 2000, established the Childress Short-form POD on property adjacent to the east containing 1.5 acres. The site contained a 9,400 square foot, two-story brick building which was previously used as a non-conforming photography studio. The applicant proposed the rezoning to allow redevelopment of the site with building and parking lot additions. The applicant proposed O-1, Quiet Office District uses as allowable uses for the site. The applicant proposed a two phased development for the property: Phase I included the construction of an asphalt drive extending from Cantrell Road, construction of 24 parking spaces on the south side of the existing building, dumpster location, use of the exiting building for O-1 permitted uses. Phase II was to consist of the construction of an 8,000 square foot addition to the existing building, extend the driveway along the east side of the building, construction of 32 additional parking spaces on the north side of the building, relocation of the dumpster area. The applicant noted a single sign would be placed near the entrance to the property, which would conform to the Highway 10 Design Overlay Standards. An application was filed for Lots 2 and 3 of the Boydston Subdivision to rezone the property from R-2, Single-family to C-3, General Commercial District. The area is located west of the South Hills Terrace Addition POD. The request was withdrawn prior to the legal ad being placed for the June 11, 1985, Planning Commission Public Hearing. Ordinance No. 18,564 adopted by the Little Rock Board of Directors on September 18, 2001, rezoned Lots 1, 2 and 3 of the Boydston Subdivision from R-2, Single-family to POD. The POD zoning approval was revoked by the Board of Directors on April 20, 2004, by the adoption of Ordinance No. 19,085 restoring the previously held R-2, Single-family zoning classification. The property contained 1.29 acres. Ordinance No. 19,506 adopted by the Little Rock Board of Directors on March 21, 2006, rezoned two previously approved POD’s and expanded the area to property located to the west of the POD zoned property (the expanded area was zoned R-2, Single-family) to POD to allow the development of four buildings containing on three lots. O-3, General Office District uses were approved as allowable uses for the site. The approval did allow the placement of ten percent of the total gross floor area as an accessory use as identified in the O-3, General Office Zoning District. The lots ranged in size from 1.18 acres to 1.53 acres. The construction of a single story building was proposed for Lots1 and 2 and Lot 3 was proposed with two buildings, a single-story building and a two level building utilizing the slope of the site. The building located on Lot 1 contained May 19, 2011 ITEM NO.: C (Cont.) FILE NO.: Z-5817-B 3 9,000 square feet. The building on Lot 2 contained 12,600 square feet and the building on Lot 3 contained a 3,000 square foot building and a 12,000 square foot building. The overall development plan was in compliance with the Highway 10 Design Overlay District with the exception of the rear yard setback which was approved with a 25-foot setback (40-feet typically required per the DOD). The dumpster service hours were limited to 7 am to 7 pm. A. APPLICANT’S STATEMENT: The applicant is requesting to rezone the property to POD to allow additional retail uses to locate within the development. The property was approved in 2006 as a Planned Office Development consisting of three lots and four structures. The approval allowed for the construction of buildings ranging in size from 3,000 square feet to 19,000 square feet. The approved uses for the site were those listed in the O-3, General Office Zoning District with the allowance of ten (10) percent of the total gross square footage with the accessory uses identified in the O-3, General Office Zoning District. According to the applicant development and marketing efforts on the approved buildings for use as large executive office suites have proved unsuccessful over the five years since approval of the 2006 plan. The applicant states other successful developments in the area since 2006 have included redevelopment of lots to accommodate single-occupancy, owner-occupied offices, small-space, lease-office buildings and multiple-use commercial/office use developments anchored by a commercial component. The proposed plan is designed to provide smaller buildings, less parking space, and more open/green space compared to the previously approved plan. In short, the current proposal represents a much less intense use of the property. In addition, the current proposal is for a mixed office/commercial development similar to other successful development projects approved for the area. Lot 1 is to remain as suburban office with O-3, General Office District uses as previously approved. The building is proposed as a single story building containing 8,000 square feet. Lot 2 is proposed for use by Battery Outfitters, which is a light retail consumer battery outlet. The building is proposed containing 5, 472 square feet. Lot 3 is proposed to be replatted into two lots, 3A and 3B. Lot 3B will remain as an office use with O-3, General Office District uses as previously approved. The building located on Lot 3A is proposed containing 5,625 square feet and is proposed for commercial use as defined in the C-1, Neighborhood Commercial zoning district. The building located on Lot 3B is proposed containing 3,840 square feet. The proposed use of Lot 2 by Battery Outfitters will provide a much less intense site use than previously approved. Business hours will be daytime only (8:00 AM – 5:00 PM), six days per week. The business will have approximately May 19, 2011 ITEM NO.: C (Cont.) FILE NO.: Z-5817-B 4 4-6 employees and can be considered light retail in volume. Restock freight deliveries will average from 1 to 3 per month. Stock delivery times will be scheduled for evening and nighttime arrivals to avoid high traffic periods on Cantrell Road and pose minimal disturbance to other neighborhood properties. Proposed commercial uses for Lot 3A will be similarly limited to light retail uses listed as approved uses under C-1 zoning district which include but are not limited to cellular phone service outlet, drugstore, florist/gift shop, jewelry store, hobby shop, pet store, tool and equipment rental with no outside display, dance studio, optics shop, clothing store, and camera shop. The Lot 3A building is proposed for a single user or multiple users in the C-1 zoning district. Lot 3A is currently proposed to have seventeen (17) parking spaces but could accommodate an additional nine (9) spaces if warranted by the specific use(s) to occupy the building. The current request will decrease the total building square footage by 44 percent, decrease parking spaces by 43 percent and increase open/green space by over 5,860 square feet from the March 21, 2006, approval. The proposed open/green spaces total 88,054 square feet or approximately 50 percent of the total development area. B. EXISTING CONDITIONS: The site is vacant. The former driveway locations are still in place. There is undeveloped property located immediately north of the site and there is a single-family residence located immediately west of the site adjacent to Rummell Road. To the east of the site is a branch bank facility and medical office uses. Further west is a drive-through restaurant and vacant commercially and office zoned property. There are single-family residences in the Westchester Subdivision located across Cantrell Road to the south and southwest. An office use, a pet grooming/boarding facility and a private school are located to the southeast. Cantrell Road is a five lane roadway with curb and gutter in place. There is no sidewalk located adjacent to the sites being proposed for rezoning. There is a sidewalk located immediately east of the site in front of the branch bank facility. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a number of phone calls and letters from 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 Pinnacle Valley Neighborhood Association, the Westchester/Heatherbare Property Owners Association and the Tulley Cove Property Owners Association were notified of the public hearing. May 19, 2011 ITEM NO.: C (Cont.) FILE NO.: Z-5817-B 5 D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Sidewalks with appropriate handicap ramps are required on both sides of the shared access easement between Lots 1 and 2 in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. 2. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. 3. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 4. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 5. Stormwater detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. 6. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The width of driveway must not exceed 36-feet. A variance must be requested for the proposed driveway spacing. City code requires a spacing of 300-feet on principal arterial streets. 7. The landscape median on Lot 2 of the property to the east should be lengthened to create more defined driveways of approximately 25-feet in width. The ends of the landscape median should be extended to the east to protect parking spaces and channelize the traffic flow. 8. If disturbed area is one (1) or more acres, obtain a NPDES stormwater permit from the Arkansas Department of Environmental Quality prior to the start of construction. 9. Driveway improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. 10. Retaining walls designed to exceed 15-feet in height are required to seek a variance for construction. Provide proposed wall elevations. 11. Prior to construction of retaining walls, an engineer's certification of design and plans must be submitted to Public Works for approval. After construction, an as-built certification is required for construction of the retaining wall. 12. Provide a letter prepared by a registered engineer certifying the sight distance at the intersections comply with 2004 AASHTO Green Book standards. May 19, 2011 ITEM NO.: C (Cont.) FILE NO.: Z-5817-B 6 13. A landscape median should be provided adjacent to the east side of the parking spaces on Lot 1 nearest to the proposed building. 14. Vehicle back up areas from parking spaces should be provided on Lots 1 and 3. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required with easements for Lot 3B, if needed. 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 whether additional public and/or private fire hydrant(s) are required. If additional fire hydrant(s) are required, they will be installed at the Developer’s expense. Submit plans for water facilities and/or fire projection system to Central Arkansas Water for review. Plan revisions may be required after additional review. 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 the meter connect(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 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’s Cross Connection Section within ten (10) days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. May 19, 2011 ITEM NO.: C (Cont.) FILE NO.: Z-5817-B 7 CATA: Approved as submitted. 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 Suburban Office for this property. The applicant has requested to revise the previously approved Planned Office Development to allow a revision to the allowed square footage within the buildings on the site and to add additional retail uses as allowed uses to the site. 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. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes shown in the immediate vicinity. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. Site is located within the Highway 10 Overlay District and must comply with all the standards set forth unless otherwise approved by the Planning Commission and Board of Directors. G. SUBDIVISION COMMITTEE COMMENT: (March 31, 2011) Mr. Bill Dean was present representing the request. Staff presented an overview of the development stating the request was an amendment to the previously approved POD to add additional retail as allowable uses for the site. Mr. Dean stated the market was different than when the POD was approved. He stated the success stories along Cantrell Road were office developments anchored with retail. Staff requested Mr. Dean provide additional information concerning the proposed use mix of the development. Staff questioned if the ten (10) percent accessory uses was still being requested for the office portion of the development. Staff stated if this was the case then the development would potentially exceed the allowable square footage of office verses commercial. Staff questioned the May 19, 2011 ITEM NO.: C (Cont.) FILE NO.: Z-5817-B 8 square footage of the proposed signage. Staff stated all site lighting was to be low level and directional, directed downward and into the site. Public Works comments were addressed. Staff stated sidewalks were required with the proposed development. Staff stated the driveway widths exceeded the maximum allowed per City ordinance. Staff stated any retaining walls would require an engineering certification prior to construction and an as built survey upon completion. Landscape comments were addressed. Staff stated the driveway as indicated between Lots 1 and 2 extended into the 25-foot landscape strip as required by the Highway 10 Design Overlay District. Staff stated the driveway along Cantrell Road was located within the front 40-foot required landscape strip. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan and cover letter to staff addressing the issues raised at the March 31, 2011, Subdivision Committee meeting. The revised plan indicates there will not be commercial uses allowed within the office portion of the development. The applicant has also indicated signage will comply with signage allowed per the Highway 10 Design Overlay District. The applicant has indicated the driveway widths will comply with City ordinance standards. The request is to rezone the site from an expired POD zoning classification to POD to allow the addition of retail as an allowable use for stand alone building on the site and create an additional lot within the development. As with the expired March 21, 2006, POD site plan Lot 1 will remain as suburban office with O-3, General Office District uses with the elimination of the allowance of ten (10) percent of the total square footage as accessory uses in the O-3, General Office Zoning District. The building is proposed as a single story building containing 8,000 square feet. The current site plan indicates the placement of thirty-one (31) parking spaces on Lot 1. The hours of operation for the office development will be from 7 am to 7 pm daily. Lot 2 is proposed as a specific retail use, Battery Outfitters. The building is proposed containing 5,472 square feet. There are twenty-four (24) parking spaces proposed. Along the western perimeter of this lot there is a drive extending to within nine (9) feet of the northern perimeter. According to the applicant the proposed user will receive truck deliveries and the extended drive is necessary to allow for maneuvering room to this large vehicle. The hours of operation for the business are from 8 am to 5 pm six (6) days per week. May 19, 2011 ITEM NO.: C (Cont.) FILE NO.: Z-5817-B 9 Restocking deliveries for the proposed Lot 2 use will be scheduled to occur during late night with on-site layover until 8 am for off-loading of stock. Stock deliveries will average two (2) per month to a maximum of three (3) per month. Lot 3 is proposed to be replatted into two (2) lots, Lots 3A and 3B. Lot 3B will be an office use as defined by the O-3, General Office District and will not allow the allowance of ten (10) percent of the total square footage as accessory uses in the O-3, General Office Zoning District. The building located on Lot 3A is proposed containing 5,625 square feet and is proposed for commercial use as defined by the C-1, Neighborhood Commercial District. The applicant has removed from the current request an eating place inside as an allowable use for the site since there is not adequate parking for a restaurant use. The building located on Lot 3B is proposed containing 3,840 square feet. The site plan indicates seventeen (17) parking spaces to serve Lot 3A and twenty (20) parking spaces to serve Lot 3B. The hours of operation are proposed from 7 am to 7 pm daily. The site is located within the Highway 10 Design Overlay District. The site plan approved on March 21, 2006, allowed for reduction in building setbacks along the side and rear. The March 21, 2006, site plan did allow for the required rear yard landscape strip averaging twenty-five (25) feet. The front building setback of 100-feet and the front 40-foot landscape strip were provided on the March 21, 2006, approved site plan. With the current request a portion of the parking located on Lot 3A extends into the 25-foot side yard landscape strip along the eastern perimeter. The western drive located on Lot 2 extends into the 25-foot rear yard landscape strip and it appears the building located on Lot 2 is located within the required 100-foot front building setback. The site plan as presented has not provided the required perimeter landscape strip along the western perimeter of nine (9) feet for Lot 2. The building located on Lot 1 is located 25-feet from the rear property line (consistent with the previous approval). The Overlay would typically require the rear yard building setback to be 40-feet. The buildings located on Lots 3A and 3B are located 25-feet from the eastern property line, similar to the previous approval. The Overlay would typically require a side yard building setback of 30-feet. With the March 21, 2006, approval the applicant indicated each of the proposed lots would contain a dumpster location. The applicant indicated the dumpsters would be screened on three (3) sides with a visual screening to best blend into the overall site appearances and be as visually appealing as possible. The applicant indicated potential materials as brick, split-faced block or wood. The current request includes this commitment as well. The hours of dumpster service were not limited to daylight hours. Staff recommends the hours of dumpster service be limited to daylight hours. May 19, 2011 ITEM NO.: C (Cont.) FILE NO.: Z-5817-B 10 The lots are indicated with a monument style ground mounted sign. Lots 3A and 3B will share a single sign. The cover letter indicates a maximum sign height of six (6) feet and a maximum sign area of seventy-two (72) square feet. Building signage will comply with signage allowed in office zones or a maximum of ten (10) percent of the façade area. Lot 3B is located without public street frontage. The building signage will be located along one façade and will be signage without public street frontage. Staff is not supportive of the request. Section 36-452(2)(b) states a development must contain a minimum of fifty-one percent of office uses. The development is proposed containing a total of 11,097 square feet of retail uses and 11,840 square feet of office uses (22,937 square feet total). This results in the development being forty-eight (48) percent retail. The development as proposed meets this criteria but in staff’s opinion the stand alone retail uses and the overall percentage of retail uses intensifies the development beyond the Suburban Office Future Land Use designation. This category typically allows for developments of low intensity office developments of office and office parking activities in close proximity to low density residential areas to assure compatibility. Staff does not feel the development as proposed meets the intent of the Land Use designation nor is the development as proposed appropriate for the site. I. STAFF RECOMMENDATION: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (APRIL 21, 2011) The applicant was not present. There were registered objectors present. Staff presented the item with a recommendation of deferral of the item to the May 19, 2011, public hearing. Staff stated the deferral request was necessary to allow staff to prepare and present to the Commission a revocation request for the expired POD zoning. There was no further discussion of the item. The Chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. PLANNING COMMISSION ACTION: (MAY 19, 2011) Mr. Bill Dean was present representing the request. There were a number of registered objectors present. Staff presented the item with a recommendation of denial. May 19, 2011 ITEM NO.: C (Cont.) FILE NO.: Z-5817-B 11 Mr. Bill Dean addressed the Commission on the merits of his request. He stated he was familiar with the area. He stated he moved his engineering office to Cantrell Road in 1994. He stated at that time the traffic on Cantrell Road was light. He stated he was instrumental in allowing this particular area to development with the implementation of Sewer District 252. He stated without this sewer district a large portion of the commercial uses in this area would not have been possible. Mr. Dean provided the Commission with a letter outlining the specifics of the development and more specific details of the Battery Outfitters organization. Mr. Dean stated the business was light retail. He stated the business did not generate a large volume of traffic. He stated the business was specialized battery sales. He stated the business did install car batteries but this was a very small part of the business. He stated the only reason for purchasing a car battery from this business was solely for convenience. Mr. Dean stated the site plan as presented did comply with the Highway 10 DOD with the exception of areas previously approved for variances. He stated there was sufficient area for landscaping on the site and the 100-foot front building setback would be met. Mr. Dean stated he was amending his application to limit the retail on Lot 3A to 5,625 square feet. He stated no eating establishments would be allowed within the building located on Lot 3A. He stated the remaining two (2) office buildings would not be allowed commercial uses. Mr. Bob Altoff addressed the Commission in opposition of the request. Mr. Altoff provided the Commission with photos of recent flooding within the Westchester Subdivision. He stated the subdivision had been plagued by flooding from the Taylor Loop Creek for a number of years. He stated any development along Cantrell Road which emptied into the Creek near the subdivision would impact the subdivision and cause flooding. He stated there was a 30-inch pipe providing drainage for the subdivision. He stated during heavy rains the drainage pipe would be overtopped by the Creek causing water to backup into the subdivision. He stated the subdivision experienced flooding about once per year. Mr. Nick Alsop addressed the Commission in opposition. He stated he was the President of the Pinnacle Valley Neighborhood Association. He stated recently the City of Little Rock Board of Directors denied a request to allow a C-4 use on a property located to the east of this site. He stated the current request was also a C-4 use which should not be approved. He stated the Highway 10 Plan was developed not only for residents of the area but for the City as a whole to allow for a scenic drive to the City and State Parks in the area. He stated within the plan the commercial areas were limited to nodes and were not to line the corridor. May 19, 2011 ITEM NO.: C (Cont.) FILE NO.: Z-5817-B 12 Mr. Ken Harrison addressed the Commission on behalf of the Tulley Cove Neighborhood Association. He stated residents of the Tulley Cove neighborhood were opposed to the rezoning to allow commercial at this location. He stated the DOD was instrumental in his choice of a home site. He stated the DOD was implemented to allow the area to remain natural and was to prohibit intense commercial development in this area limiting the commercial developments to identified commercial nodes. Mr. Wesley Lasseigne of 14 Westchester Court addressed the Commission in opposition of the request. He stated the Highway 10 Plan was implemented for the benefit of the entire City. He stated the Commission should uphold the Plan which had been codified into law. He stated approval of the rezoning request would be detrimental to adjacent properties. He stated the approval would set precedence for future cases. Ms. Celia Martin addressed the Commission in opposition of the request. She stated the official position of the Neighborhood Association was opposition to the rezoning request. She requested the Commission maintain the Highway 10 Overlay. She requested the Commission protect the entire City and deny the request. Ms. Kathleen Oleson addressed the Commission in opposition of the request. She stated the League of Women Voters was opposed to the rezoning request. She stated the Highway 10 Plan did not allow for standalone retail at this location. She stated the approval was nibbling away at the Overlay. She stated decisions were made to purchase homes and businesses in the area based on City adopted plans and ordinances. She stated those City ordinances should be maintained. Mr. Phil Cox addressed the Commission in opposition of the approval of the request. He stated he had read the Highway 10 DOD and the current application did not fit the purpose and intent of the DOD. He stated this should be the basis of Commission’s denial. Mr. Greg Williams addressed the Commission in opposition of the request. He stated it was hard to oppose a neighbor but the area did not need any additional commercial traffic. He stated to the west of this site within a few miles there were four (4) schools with parents traveling Highway 10 to take their children to school. He stated the speed on Cantrell Road was 45 to 50 miles per hour. He stated by lining Cantrell Road with commercial uses this eliminated the parkway experience intended for Cantrell Road. Mr. Kent Sorrells addressed the Commission in opposition of the request. He stated safety was a concern for him and his neighbors. He stated Rummel Road was located just west of the site being proposed for rezoning. He stated at the intersection of Rummell Road and Cantrell Road visibility was not good. He stated commercial business was not light usage. He stated residents leaving the area did not have options and were all forced to exit onto Cantrell Road at this location. He stated there had been a number of accidents at this intersection one resulting in death. May 19, 2011 ITEM NO.: C (Cont.) FILE NO.: Z-5817-B 13 Mr. Bill Dean addressed the Commission on items raised by the opposition. He questioned the flooding stating he had worked on the drainage for the Westchester Subdivision a number of years ago. He stated his development would not add to water in the Westchester Subdivision and the drainage plan for his development would divert 22 acres from the current basin directly into Taylor Loop Creek downstream from the Subdivision. He stated the development was designed for a 25-year storm but he was willing to amend his application request to design the stormwater detention for a 50-year storm. He stated one resident stated the development should remain as was currently approved. He stated there was not a plan approved for the site at present since the previous approval had been revoked. Mr. Dean stated the battery business would have less than 100 customers per day. He stated the business would not increase traffic on Cantrell Road. He stated the plan did comply with a number of elements within the Highway 10 Plan. He stated speed on Cantrell Road was a concern. He stated the traffic and traffic speeds would be on Cantrell Road regardless of approval of this application request. There was a general discussion between the Commissioners, staff and Mr. Dean concerning the flooding problems within the Westchester Subdivision. It was reported the creek topped the outfall pipe from the Westchester Subdivision not allowing the subdivision to drain and forcing water back into the subdivision. Staff stated a bond project would be required to fix the flooding problems within the Subdivision due to the cost. Staff stated the drainage from this development did not go through the Westchester Subdivision but any additional water to the creek would only add to the water problem. The Commission questioned staff as to if the amendments to the application changed their recommendation. (The design of the stormwater for a 50-year design and limiting the retail on Lot 3A to 5,625 square feet.) Staff stated their recommendation continued to be denial. The chair entertained a motion for approval of the item subject to compliance with all staff recommends and comments except that of denial. The motion failed by a vote of 1 aye, 9 noes and 1 absent. May 19, 2011 ITEM NO.: D FILE NO.: Z-5817-C NAME: Magnolia Terrace Addition Lot 1 Short-form PCD LOCATION: Located at 15120 Cantrell Road DEVELOPER: Drive Clean, LLC 1120 South Albert Pike Avenue Fort Smith, AR 72903 ENGINEER: Core States Group 216 East Poplar Street Rogers, AR 72756 DCI Attn. Robert Brown 2200 North Rodney Parham Road, Suite 220 Little Rock, AR 72212 AREA: 1.29 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: POD ALLOWED USES: No uses are allowed due to the expiration of the POD zoning – Underlying zoning is R-2, Single-family – Staff has initiated a revocation of the POD zoning - Item 8 Case File No. Z-5817-D PROPOSED ZONING: PCD PROPOSED USE: A tunnel carwash VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: Ordinance No. 16,690 adopted by the Little Rock Board of Directors on June 7, 1994, established South Hills Terrace Addition Short-form POD containing 1.27 acres. Ordinance No. 16,691 allowed for a deferral of the required sidewalk, the required detention and the front yard landscaping for three years or to within sixty days of May 19, 2011 ITEM NO.: D (Cont.) FILE NO.: Z-5817-C 2 completion of the sewer main which was proposed for constructed along the Highway 10 frontage of the property. The proposal included (Phase I) the utilization of an existing residential structure located at the rear of the site as an office use for a civil engineering company and (Phase II) was to consist of the construction of a second office building (5,080 square feet) at the front of the property. The Phase I proposal included the remodeling of the existing structure and the utilization of the existing 12-foot driveway. The Phase II portion included the abandonment of the existing driveway, closure of the existing curb cut, and construction of a new driveway and curb cut. The new curb cut was to be 24-feet. A new septic system was proposed on the site with connection to city sewer when service became available. The applicant indicated upon availability of sewer service Phase II would be initiated. Ordinance No. 18,211 adopted by the Little Rock Board of Directors on February 15, 2000, established the Childress Short-form POD on property adjacent to the east containing 1.5 acres. The site contained a 9,400 square foot, two-story brick building which was previously used as a non-conforming photography studio. The applicant proposed the rezoning to allow redevelopment of the site with building and parking lot additions. The applicant proposed O-1, Quiet Office District uses as allowable uses for the site. The applicant proposed a two phased development for the property: Phase I included the construction of an asphalt drive extending from Cantrell Road, construction of 24 parking spaces on the south side of the existing building, dumpster location, use of the exiting building for O-1 permitted uses. Phase II was to consist of the construction of an 8,000 square foot addition to the existing building, extend the driveway along the east side of the building, construction of 32 additional parking spaces on the north side of the building, relocation of the dumpster area. The applicant noted a single sign would be placed near the entrance to the property, which would conform to the Highway 10 Design Overlay Standards. An application was filed for Lots 2 and 3 of the Boydston Subdivision to rezone the property from R-2, Single-family to C-3, General Commercial District. The area is located west of the South Hills Terrace Addition POD. The request was withdrawn prior to the legal ad being placed for the June 11, 1985, Planning Commission Public Hearing. Ordinance No. 18,564 adopted by the Little Rock Board of Directors on September 18, 2001, rezoned Lots 1, 2 and 3 of the Boydston Subdivision from R-2, Single-family to POD. The approval was later revoked by the Board of Directors on April 20, 2004, restoring the previously held R-2, Single-family zoning classification. The property contained 1.29 acres. Ordinance No. 19,506 adopted by the Little Rock Board of Directors on March 21, 2006, rezoned two previously approved POD’s and expanded the area to property located to the west of the POD zoned property (the expanded area was zoned R-2, Single-family) to POD to allow the development of four buildings containing on three lots. O-3, General Office District uses were approved as allowable uses for the site. The approval did allow the placement of ten percent of the total gross floor area as an accessory use May 19, 2011 ITEM NO.: D (Cont.) FILE NO.: Z-5817-C 3 as identified in the O-3, General Office Zoning District. The lots ranged in size from 1.18 acres to 1.53 acres. The construction of a single story building was proposed for Lots1 and 2 and Lot 3 was proposed with two buildings, a single-story building and a two level building utilizing the slope of the site. The building located on Lot 1 contained 9,000 square feet. The building on Lot 2 contained 12,600 square feet and the building on Lot 3 contained a 3,000 square foot building and a 12,000 square foot building. The overall development plan was in compliance with the Highway 10 Design Overlay District with the exception of the rear yard setback which was approved with a 25-foot setback (40-feet typically required per the DOD). The dumpster service hours were limited to 7 am to 7 pm. A. APPLICANT’S STATEMENT: The applicant is requesting to change of zoning from expired POD/R-2, Single-family to PCD for Lot 1 Magnolia Terrace to allow for the construction of a tunnel carwash. The building is proposed containing 3,142 square feet. The building is proposed parallel with Cantrell Road. The developer of the carwash has indicated there are two point sale terminals located on the site. The sale terminals are only audible during operating hours and are used to instruct the customers through the menu selections. The request includes a single monument sign located along Cantrell Road. The sign is proposed consistent with signage allowed per the Highway 10 Design Overlay District. Building signage is proposed on the façade of the building fronting Cantrell Road. Directional and informational signage on the interior of the site will comply with signage typically allowed in the zoning ordinance. 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. Item #C Case File # Z-5817-B is a request to rezone property from expired POD to POD to add additional commercial and allow the creation of an additional lot within the Magnolia Terrace Addition. This request is to amend only Lot 1 of the Magnolia Terrace Addition to allow a carwash. B. EXISTING CONDITIONS: The site is vacant. The former driveway locations are still in place. There is undeveloped property located immediately north of the site and there is a single-family residence located immediately west of the site adjacent to Rummell Road. To the east of the site is a branch bank facility and medical office uses. Further west is a drive-through restaurant and vacant commercially and office zoned property. There are single-family residences in the Westchester Subdivision located across Cantrell Road to the south and southwest. An office May 19, 2011 ITEM NO.: D (Cont.) FILE NO.: Z-5817-C 4 use, a pet grooming/boarding facility and a private school are located to the southeast. Cantrell Road is a five-lane roadway with curb and gutter in place. There is no sidewalk located adjacent to the site being proposed for rezoning. There is a sidewalk located immediately east of the site in front of the branch bank facility. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a number of phone calls and letters from 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 Pinnacle Valley Neighborhood Association, the Westchester/Heatherbare Property Owners Association and the Tulley Cove Property Owners Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Sidewalks with appropriate handicap ramps are required along the access easement on both sides in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. 2. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. 3. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 4. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 5. Stormwater detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. 6. Driveway and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The width of driveway off Cantrell Road must not exceed 36-feet. 7. The landscape median on the property to the east should be lengthened to create more defined driveways of approximately 25-feet in width. The ends of the landscape median should be extended to the east to protect parking spaces and channelize the traffic flow. 8. If disturbed area is one (1) or more acres, obtain a NPDES stormwater permit from the Arkansas Department of Environmental Quality prior to the start of construction. May 19, 2011 ITEM NO.: D (Cont.) FILE NO.: Z-5817-C 5 9. Driveway improvement plans of the access easement shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. 10. Prior to construction of retaining walls, an engineer's certification of design and plans must be submitted to Public Works for approval. After construction, an as-built certification is required for construction of the retaining wall. 11. Provide a letter prepared by a registered engineer certifying the sight distance at the intersections comply with 2004 AASHTO Green Book standards. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Existing sewer main shown on Lot 1 is not a part of Little Rock Wastewater Utility System. Contact the 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 whether additional public and/or private fire hydrant(s) are required. If additional fire hydrant(s) are required, they will be installed at the Developer’s expense. Submit plans for water facilities and/or fire projection system to Central Arkansas Water for review. Plan revisions may be required after additional review. 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 the meter connect(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 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’s Cross Connection Section within ten (10) days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. May 19, 2011 ITEM NO.: D (Cont.) FILE NO.: Z-5817-C 6 Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: Approved as submitted. 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 Suburban Office for this property. The applicant has requested to revise the previously approved Planned Office Development to a Planned Commercial Development to allow the construction of a tunnel carwash facility on this individual lot. 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. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes shown in the immediate vicinity. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. Site is located within the Highway 10 Overlay District and must comply with all the standards set forth unless otherwise approved by the Little Rock Planning Commission and the Little Rock Board of Directors. G. SUBDIVISION COMMITTEE COMMENT: (March 31, 2011) Mr. Scott McLain was present representing the request. Staff presented an overview of the development stating the request was to amend Lot 1 of Magnolia Terrace to allow for the placement of a tunnel carwash on the lot. Staff stated there were a number of variations from the Highway 10 Design Overlay District related to the site plan. Staff stated the side and rear yard landscape strip was required at 25-feet. Staff stated the building setback along the rear was 40-feet and the side was 30-feet. Staff stated the Overlay required the placement of a May 19, 2011 ITEM NO.: D (Cont.) FILE NO.: Z-5817-C 7 40-foot front landscape strip and a 100-foot building setback. Staff questioned the total height and total area of the proposed monument sign. Public Works comments were addressed. Staff stated sidewalks would be required along Cantrell Road with the proposed development. Staff stated a grading permit would be required prior to any grading activities on the site. Landscaping comments were addressed. Staff stated the site was located within the Highway 10 Design Overlay District. Staff stated the site plan was to comply with the DOD standards unless otherwise approved by the Planning Commission. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing the issues raised at the March 31, 2011, Subdivision Committee meeting. The revised plan indicates the total height and total sign area for the monument sign located on Cantrell Road. The revised plan indicates the placement of building setbacks and landscaping complying with the typical standards of the Highway 10 Design Overlay District. The maximum building height proposed is 25-feet. The rezoning request is to rezone the site from the currently expired POD zoning classification to PCD to allow the development of one lot with a tunnel carwash. The approval would result in this lot being rezoned to a PCD. There are two point sale terminals located on the site. There is a canopy over the sales terminals but there is no signage located on the canopy. 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 customers. A screening wall is located on the site plan to aid in deflecting the sound. The site plan indicates the placement of a masonry wall on three sides with similar materials as the building construction located around the dumpster. The applicant has not indicated limits will be placed on the hours of dumpster service. Staff recommends if the application request is approved the dumpster hours of service be limited to daylight hours. The site plan indicates the construction of a tunnel carwash facility and the placement of six (6) vacuum stations. 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 May 19, 2011 ITEM NO.: D (Cont.) FILE NO.: Z-5817-C 8 to other types of carwash vacuum systems. The site plan indicates the placement of three (3) employee parking spaces along the service drive and four (4) customer spaces located south of the building. As per the Highway 10 Design Overlay District the development will be served by a ground mounted monument sign not to exceed six (6) feet in height and seventy-two (72) 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 or a maximum of ten (10) percent of the façade area on facades abutting a public street. The hours of operation for the carwash facility will vary depending on the season. The hours proposed are Monday through Saturday from 8 am to 8 pm and Sunday from 9 am to 7 pm. The maximum number of employees working on the site will not exceed five (5) unless there are special events which would require additional personal. Staff is not supportive of the request. The request is to allow a site shown as Suburban Office on the Future Land Use Plan as a commercial use. The Highway 10 Design Overlay identified specific areas as commercial nodes to protect the corridor and to facilitate transition of areas from less to more intense land uses along Highway 10 without the undesired effect of small lot strip development. Item #C Case File # Z-5817-B is proposed as an office development constructed with forty-eight percent commercial uses. The site is also identified as Suburban Office on the City’s Future Land Use Plan. The Suburban Office category typically allows for developments of low intensity office developments of office and office parking activities in close proximity to low density residential areas to assure compatibility. Staff does not feel the placement of a carwash facility, which is typically allowed in commercial zones in the C-4, Open Display Zoning District, is appropriate for the site. In addition with the approval of Item #C the overall development of this site becomes a commercial development and not an office use as intended by the City’s Future Land Use Plan which would in-turn extend the existing commercial node located at Taylor Loop Road to the west to align with Rummell Road. I. STAFF RECOMMENDATION: Staff recommends denial of the request. May 19, 2011 ITEM NO.: D (Cont.) FILE NO.: Z-5817-C 9 PLANNING COMMISSION ACTION: (APRIL 21, 2011) The applicant was not present. There were registered objectors present. Staff presented the item with a recommendation of deferral of the item to the May 19, 2011, public hearing. Staff stated the deferral request was necessary to allow staff to prepare and present to the Commission a revocation request for the expired POD zoning. There was no further discussion of the item. The Chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. PLANNING COMMISSION ACTION: (MAY 19, 2011) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant was requesting a deferral of the item to the July 14, 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. 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 10 ayes, 0 noes and 1 absent. The Chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. May 19, 2011 ITEM NO.: 1 FILE NO.: Z-8655 Owner: Charles O. Cranford Applicant: Charles O. Cranford Location: 5305 Crestwood Road Area: 0.24 Acre Request: Rezone from C-3 to R-2 Purpose: Single family residence Existing Use: Single family residence SURROUNDING LAND USE AND ZONING North – Undeveloped property and single family residences (across Crestwood Road); zoned R-2 and PR South – Single family residences and commercial strip center (across “L” Street); zoned R-2 and C-3 East – Undeveloped lot; zoned C-3 West – Single family residences and neighborhood park; zoned R-2 and PR A. PUBLIC WORKS COMMENTS: No Comments. B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a CATA bus route. Route #1 (Pulaski Heights Route) runs along Kavanaugh Blvd. to the east. C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the Prospect Terrace Association, Inc. and Hillcrest Residents Association were notified of the public hearing. May 19, 2011 ITEM NO.: 1 (Cont.) FILE NO.: Z-8655 2 D. LAND USE ELEMENT: This request is located in the Heights Hillcrest Planning District. The Land Use Plan shows Residential Low Density for this property. The applicant has applied for a rezoning from C-3 General Commercial to R-2 Single Family District. R-2 zoning is appropriate in the Residential Low Density category. Master Street Plan: Crestwood Road 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. E. STAFF ANALYSIS: Charles O. Cranford, owner of the 0.24 acre property located at 5305 Crestwood Road, is requesting to rezone the property from “C-3” General Commercial District to “R-2” Single Family District. The property is located on the south side of Crestwood Road, just west of Kavanaugh Blvd. The rezoning is proposed to recognize the existing single-family residential use of the property, and to allow future renovations to the property. The property was zoned commercial as part of a commercial node with the City’s original zoning plan in 1937. The property is occupied by a two-story brick and frame single family residence. The property backs up to “L” Street which runs along the rear (south) property line. There is a one-story frame accessory garage structure located within the rear yard area. A two-car wide driveway from “L” Street accesses the garage structure. The surrounding properties contain a mixture of uses and zoning. Undeveloped property, zoned R-2 and PR, is located to the north, with single family residences further north. Single family residences and the Prospect Terrace Park are located to the west. Undeveloped property and commercial uses are located to the east. A mixture of single family, multifamily, office and commercial uses are located to the south. The City’s Future Land Use Plan designates this property as Residential Low Density. The requested R-2 zoning does not require an amendment and the Land Use Plan. May 19, 2011 ITEM NO.: 1 (Cont.) FILE NO.: Z-8655 3 Staff is supportive of the requested rezoning to R-2. Staff views the request as reasonable. The lot was originally developed with a single family residence, with a long history of single family use. The rezoning is proposed to recognize the past use of the property, and allow for future renovations to the existing residence. Staff believes the requested R-2 zoning is appropriate and will have no adverse impact on the adjacent properties or general area. F. STAFF RECOMMENDATION: Staff recommends approval of the requested R-2 rezoning. PLANNING COMMISSION ACTION: (MAY 19, 2011) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval. There was no further discussion. The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 10 ayes, 0 noes and 1 absent. May 19, 2011 ITEM NO.: 2 FILE NO.: Z-8656 Owner: APS Investment, LLC Applicant: James Herrington Location: 10412 Chicot Road Area: 0.502 Acre Request: Rezone from R-2 to C-3 Purpose: Retail store development Existing Use: Vacant single family residence SURROUNDING LAND USE AND ZONING North – Mixed commercial uses (along west side of Chicot Road); zoned C-3 South – Undeveloped lot; zoned C-3 East – Convenience store with gas pumps and car wash (across Chicot Road); zoned C-3 West – Single family residences; zoned R-2 A. PUBLIC WORKS COMMENTS: 1. Chicot Road is classified on the Master Street Plan as a principal arterial with special design standards. Dedication of right-of-way to 45 feet from centerline will be required. Due to the proposed development being located adjacent to an arterial-arterial intersection, additional right-of-way of approximately 10 ft. is required to be dedicated for construction of a right turn lane at the time of issuance of a building permit. 2. A 20-foot radial dedication of right-of-way or sufficient right-of-way for a right turn lane is required at the intersection of Chicot Road and Mabelvale Cut-Off. 3. At time of issuance of a building permit, a right turn lane is required to be constructed on Chicot Road. B. PUBLIC TRANSPORTATION ELEMENT: The site is located on CATA Bus Routes #17 (Mabelvale – Downtown Route) and #17A (Mabelvale – UALR Route). May 19, 2011 ITEM NO.: 2 (Cont.) FILE NO.: Z-8656 2 C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the West Baseline, Rob Roy Way, Legion Hut, Chicot, and SWLR United for Progress Neighborhood Associations were notified of the public hearing. Staff received a call from SWLR United for Progress Neighborhood Association indicating a vote of support for the rezoning request. D. LAND USE ELEMENT: This request is located in the Geyer Springs West Planning District. The Land Use Plan shows Commercial for this property. The applicant has applied for a rezoning from R-2 Single Family to C-3 General Commercial. C-3 zoning is appropriate in the Commercial category. Master Street Plan: Chicot 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 Chicot 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. E. STAFF ANALYSIS: APS Investment, LLC, owner of the 0.502 acre property located at 10412 Chicot Road, is requesting to rezone the property from “R-2” Single Family District to “C-3” General Commercial District. The property is located near the northwest corner of Chicot Road and Mabelvale Cut-Off. The rezoning is proposed to allow a future retail store development. The property currently contains a one-story brick and frame single family residential structure. There is a one-story block accessory building in the rear yard area. A two-car wide driveway from Chicot Road extends along the north side of the residential structure to the accessory garage structure. A chain-link fence encloses the property. May 19, 2011 ITEM NO.: 2 (Cont.) FILE NO.: Z-8656 3 The general area contains a mixture of uses and zoning. A sliver of vacant C-3 zoned property is located immediately to the west, with single-family residences, zoned R-2, located further west. A mixture of commercial uses is located to the north, along the west side of Chicot Road. A convenience store with gas pumps and car wash and vacant property are located to the east across Chicot Road. A new Dollar General Store development is located to the southeast. Undeveloped property and a vacant commercial building (previously a dairy bar) are located on C-3 zoned property to the south. The City’s Future Land Use Plan designates this property as Commercial. The requested C-3 zoning does not require an amendment to the Land Use Plan. Staff is supportive of the requested C-3 rezoning. Staff views the request as reasonable. The City’s Future Land Use Plan designates this property as “Commercial”. All surrounding properties, including across Chicot Road to the east, are currently zoned C-3. The requested C-3 zoning will represent a continuation of the commercial zoning pattern along the west side of Chicot Road. Staff believes the proposed rezoning of this property to C-3 will have no adverse impact on the adjacent properties or the general area. F. STAFF RECOMMENDATION: Staff recommends approval of the requested C-3 rezoning. PLANNING COMMISSION ACTION: (MAY 19, 2011) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval. There was no further discussion. The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 10 ayes, 0 noes and 1 absent. May 19, 2011 ITEM NO.: 3 FILE NO.: Z-4250-C NAME: Lubavitch of Arkansas – Revised Conditional Use Permit LOCATION: 11905 Fairview Road OWNER/APPLICANT: Lubavitch of Arkansas/David Hamilton PROPOSAL: A revision to the previously approved multi-phase conditional use permit is requested to allow for changes in the various phases of future development of this existing religious facility. The property is zoned R-2. 1. SITE LOCATION: The site is located on the west side of Fairview Road, midway between the street’s north and south connections with the Pleasant Ridge Drive loop. 2. COMPATIBILITY WITH NEIGHBORHOOD: The Lubavitch Center has been located on this site for nearly a decade. A single-family neighborhood and a single-family residence are located on the R-2 zoned properties to the south and north respectively. A large, PCD zoned shopping center is located to the west. Multifamily developments are located to the west. Other uses in the immediate vicinity include additional retail centers, offices and churches. This revision does not involve expanding the Center onto additional property. Primarily, what is proposed is a modification of the current approved, multi-phased development. The Center should continue to be compatible with the area. All owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and the Pleasant Forest and Pleasant Valley Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: Access to the site is via a single driveway off of Fairview Road. A 24-space, paved and landscaped parking lot is adjacent to the synagogue/education facility. The driveway will be extended to provide access to the new parsonage (residence). A second driveway is proposed to provide access to the guesthouse residence. May 19, 2011 ITEM NO.: 3 (Cont.) FILE NO.: Z-4250-C 2 At the time the Phase 5 Educational Building is reviewed by the Commission, possible parking changes and expansions may be required. 4. SCREENING AND BUFFERS: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when properly preserving trees of six (6) inch caliper or larger. 5. PUBLIC WORKS COMMENTS: 1. At the time of issuance of a building permit, provide design of street conforming to the Master Street Plan. Construct one-half street improvement to Fairview Road adjacent to the subject property including 5-foot sidewalks with planned development. The new back of curb should be located fifteen and one-half feet (15.5) from centerline. 2. All future driveway locations and widths must comply with the traffic access and circulation requirements of Sections 30-43 and 31-210. The width of driveway must not exceed thirty-six (36) feet. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. Proposed sewer main must be submitted to LRW as Developer Funded Project for approval. Contact LRW for details. Entergy: No comment received. Centerpoint Energy: Approved as submitted. AT&T (SBC): No comment received. 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. May 19, 2011 ITEM NO.: 3 (Cont.) FILE NO.: Z-4250-C 3 Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. Contact Central Arkansas Water regarding the size and location of the water meter. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. On site fire protection will be required when the rear portion of the property is developed. Fire Department: Place fire hydrants per Code. Maintain at least twenty (20) foot wide access. County Planning: No Comments. CATA: The site is not located on a CATA bus route. Planning Division: No Comments. SUBDIVISION COMMITTEE COMMENT: (APRIL 28, 2011) David Hamilton and Rabbi Pinchus Ciment were present, representing the application. Staff presented the item and noted additional information was needed regarding any proposed fencing, signage and site lighting. Staff asked the applicants to provide a revised phasing plan and to locate the dumpster and required screening on the plan. Public Works Comments were noted and discussed. Vince Floriani, of Public Works, stated the noted improvements to Fairview Road would not be required with the construction of the addition and the Rabbi’s House requested under this C.U.P. He stated they would be required if the guesthouse or any future phase were built. Comments from the other reviewing agencies were noted. The applicants were advised to contact those agencies if there were any questions. The applicants were advised to submit responses to staff by May 4, 2011. The Committee determined there were no other issues and forwarded the intent to the full Commission. May 19, 2011 ITEM NO.: 3 (Cont.) FILE NO.: Z-4250-C 4 STAFF ANALYSIS: On September 6, 2001, the Commission approved a conditional use permit to allow for the multi-phased development of this 7.38 acre, R-2 zoned tract for a Jewish educational center/synagogue. The approved uses are two residences, worship and educational facilities and an after school children’s program. The approved phasing plan was as follows: Phase I: Use of the existing residence on the property and retention of the existing garage building Phase II: Construction of a new building containing worship, education and social facilities and parking Phase III: Addition to the education-worship building and parking Phase IV: Construction of a new residence The Phase I building has been removed. The garage has been retained. The Phase II building and parking have been constructed. The proposed new Phasing Plan is as follows: Phase I: Existing education worship building and parking Phase II: Mikvah (ritual bath) addition to phase I building Phase III: New parsonage (rabbi’s residence) Phase IV: New single-family guesthouse to replace the previous residence which has been removed. Phase V: Future education building The applicant is prepared to move forward fairly quickly on new Phases II, III and IV. The Phase V future education building will be brought back to the Planning Commission for review when the need for that element occurs. No variances are requested from the R-2 building height or setback requirements. The previously established 19 foot building setback and 13 foot wide dense screen buffer on the south side of the property are being retained. Any signage will comply with that allowed in the office and institutional zones. Any new site lighting will be low-level and directional, aimed downward and into the site. The dumpster and screening are located adjacent to the new addition. The applicant is requesting a variance to allow a six-foot tall chainlink fence May 19, 2011 ITEM NO.: 3 (Cont.) FILE NO.: Z-4250-C 5 along the street frontage for security purposes. No gate is desired at this time. If one is proposed in the future, the applicant will coordinate the design with the City’s Traffic Engineer to assure compliance with safety and turnaround requirements. To staff’s knowledge, there are no outstanding issues. There is no bill of assurance for this acreage tract. The proposed modification to the phasing plan should not affect the Lubavitch facility’s compatibility with the area. STAFF RECOMMENDATION: Staff recommends approval of the requested revised C.U.P. subject to compliance with the following conditions: 1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. 2. Dumpster pick-up is to be limited to the hours of 8:00 a.m. to 6:00 p.m. PLANNING COMMISSION ACTION: (MAY 19, 2011) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval subject to compliance with the conditions noted in the “staff recommendation” above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff. The vote was 10 ayes, 0 noes and 1 absent. May 19, 2011 ITEM NO.: 4 FILE NO.: Z-6570-A NAME: World Traditional Taekwondo Union Office Showroom/Warehouse – Conditional Use Permit LOCATION: 6210 Baseline Road OWNER/APPLICANT: World Traditional Taekwondo Union PROPOSAL: A revision to the previously approved conditional use permit is requested to allow for the construction of additional warehouse space and parking. The property is zoned O-3 and C-3. 1. SITE LOCATION: The site is located on the north side of Baseline Road, 1,000± feet west of Geyer Springs Road. 2. COMPATIBILITY WITH NEIGHBORHOOD: The facility has been located on this site for many years. The properties to the east are zoned C-3 and contain a variety of commercial and retail uses. A church and additional retail development are located across Baseline Road to the south. A single family neighborhood is located to the west and north. With attention to properly screening the nearby residential properties, the site should continue to be compatible with the area. All owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and the Cloverdale and SWLR United for Progress Neighborhood Associations were notified of this proposal. 3. ON SITE DRIVES AND PARKING: The site currently contains a single building with 21,700 square feet of office space and 12,000 square feet of showroom/warehouse. The C.U.P. request is to add 12,000 square feet of additional warehouse. With the expansion, the site should have 71 parking spaces. There are currently 83 parking spaces on the site with 7 new spaces to be constructed. Access is via a single driveway off of Baseline Road. 4. SCREENING AND BUFFERS: 1. A site plan must comply with the City’s landscape and buffer ordinance requirements. May 19, 2011 ITEM NO.: 4 (Cont.) FILE NO.: Z-6570-A 2 2. A nineteen-foot (19’) wide land use buffer is required to separate this proposed development from the residential property on the western perimeter of the site. Seventy (70) percent of this buffer is to remain undisturbed. Easements cannot count towards meeting this requirement. Prior Planning Commission approval allowed a variance from this minimal amount. 3. A “reconfigured storm water retention area” is proposed within this land use buffer area and needs to be relocated. 4. Upon construction of the building, warehouse expansion, care must be taken not to disturb the existing land use buffer along the western perimeter of the site. 5. Per the prior approval by the Planning Commission included a six-foot (6’) high opaque fence shown to be constructed along the northern perimeter of the site next to the residential property. However, neither fence nor vegetation is within this area. A nineteen-foot (19’) land use buffer is required along the property line to the north. Plan for landscaping and fencing plans need to be definite with this application, for the area along the north property line. 6. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the western and northern perimeters of the site. Credit towards fulfilling this requirement can be given for existing trees and undergrowth that satisfies this year-around requirement. 7. An automatic irrigation system to water landscaped areas will be required. 8. Prior to a building permit being issued, it will be necessary to provide an approved landscape plan stamped with the seal of a Registered Landscape Architect. 9. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when properly preserving trees of six (6) inch caliper or larger. 5. PUBLIC WORKS COMMENTS: 1. Baseline Road is classified on the Master Street Plan as a principal arterial with special design standards. A dedication of right-of-way forty-five (45) feet from centerline will be required. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. May 19, 2011 ITEM NO.: 4 (Cont.) FILE NO.: Z-6570-A 3 Entergy: Approved as submitted. Centerpoint Energy: Approved as submitted. AT&T (SBC): No comment received. 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 the Water Works if a larger and/or additional meter(s) is required. 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 (10) days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Place fire hydrants per Code. Maintain at least twenty (20) foot wide access. County Planning: No Comments. CATA: The site is located on a CATA bus route. May 19, 2011 ITEM NO.: 4 (Cont.) FILE NO.: Z-6570-A 4 SUBDIVISION COMMITTEE COMMENT: (APRIL 28, 2011) Greg Peckham and Toby Butler were present, representing the application. Staff presented the item and noted additional information was needed regarding building design, signage, site lighting, days and hours of operation and delivery hours. Staff noted there was a large compactor on the site that was not indicated on the site plan. Staff commented that the dumpster and compactor should be relocated away from the residential properties. Staff noted that there was no screening along the north perimeter of the site, although it was a condition of the original C.U.P. approval and was indicated on the current site plan. Mr. Peckham stated he would investigate the issue and it may be that the abutting property owner did not want the screening put in. Public Works, Utility and Landscape comments were discussed. It was noted that a buffer variance would be required on the west perimeter due to a utility and drainage easement. Staff also noted the proposed stormwater detention area was indicated in the buffer and should be relocated. The applicant was advised to contact the other agencies if there were questions regarding their comments. The applicants were advised to submit responses to staff by May 4, 2011. The Committee determined there were no other issues and forwarded the item to the full Commission. STAFF ANALYSIS: In 1999, the Planning Commission approved a conditional use permit to allow for an expansion of the existing building located on the O-3 and C-3 zoned property at 6210 Baseline Road. The proposed expansion was approved to allow the American Taekwondo Association to operate an office showroom/warehouse. The applicant, ATA, World Traditional Taekwondo Union, is now requesting a revision to the C.U.P. to allow for a 12,000 square foot warehouse expansion. With the expansion, a small expansion of the parking area will also occur. The increase in available floor space will allow for the integration of off-site storage and the collocation of distribution, customer service and value-added functions. The expansion will be constructed to match the existing facility. The expansion should result in no increase of activity or traffic on the property, according to the applicant. On May 4, 2011, the applicant submitted a revised site plan and responses to staff issues raised at Subdivision Committee. The 1999 bill of assurance for Lot 1 Anderson’s Subdivision does not address use issues. The building will have a maximum height of 28± feet. No new signage is proposed. Any new site lighting May 19, 2011 ITEM NO.: 4 (Cont.) FILE NO.: Z-6570-A 5 will be low-level and directional, aimed downward and into the site. Days and hours of operation will remain unchanged. They are currently 8:00 a.m. – 5:30 p.m., Monday through Friday. Delivery hours parallel the hours of operation. The compactor has been indicated on the site plan. The compactor and dumpster have been relocated to the east of the building, away from the adjacent residential properties. They will be screened to comply with Code requirements. A 6-foot tall opaque screening fence will be installed along the north perimeter of the site. A similar fence currently exists along the west perimeter. The stormwater detention has been moved out of the west perimeter buffer and will be put underground. Right-of-way dedication to 45 feet from centerline on Baseline Road occurred in 1999 and is now reflected on the survey. To staff’s knowledge, there are no outstanding issues. STAFF RECOMMENDATION: Staff recommends approval of the requested C.U.P., subject to compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. PLANNING COMMISSION ACTION: (MAY 19, 2011) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval subject to the conditions outlined in the “staff recommendation” above. Staff stated the applicant and Pam Adcock, an abutting property owner, had agreed to additional conditions to be placed on the CUP. Staff recommended the following additional conditions be placed on the approval as well: 1. The existing chain link fence along the north property line is to remain in place and the required six (6) foot tall privacy fence is to be installed on the applicant’s side of the chain link fence. The landscaping required to be planted in the buffer area is to be placed south of the privacy fence. All fencing is to be checked on a regular basis for any needed repair. 2. The three (3) proposed new parking space on the north side of the parking lot that aim towards the north are to be removed from the plan. 3. An automatic irrigation system is to be installed for new landscape areas, including the landscaping in the buffer along the north perimeter. 4. Motion lights only are to be installed on the north and west sides of the building. May 19, 2011 ITEM NO.: 4 (Cont.) FILE NO.: Z-6570-A 6 5. Nothing, except landscaping, is to be installed between the new building and the north and west perimeters of the site. 6. The existing storage buildings are not to be located between the building and the north and west perimeters of the site. There was no further discussion. The item was placed on the consent agenda and approved, including all staff comments and conditions. The vote was 10 ayes, 0 noes and 1 absent. May 19, 2011 ITEM NO.: 5 FILE NO.: Z-8654 NAME: Little Rock Bow Shop Violin Shop – Conditional Use Permit LOCATION: 316 East 11th Street OWNER/APPLICANT: Joe Joyner PROPOSAL: A conditional use permit is requested to allow a violin sales and repair shop in a portion of this R-4A zoned building. 1. SITE LOCATION: The site is located on the north side of East 11th Street, between Cumberland and Rock Streets. 2. COMPATIBILITY WITH NEIGHBORHOOD: The site is located in what is primarily a residential neighborhood just west of MacArthur Park. Uses in the immediate neighborhood include single and multifamily residences, offices, the Art Center, park and museum. The applicant is proposing no exterior changes to this historic structure, which was originally built as a nonresidential use. The applicant will live in a portion of the building. The business is a low traffic generator, not much above the level of a home occupation. Staff believes the use is compatible with the neighborhood. All owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and the MacArthur Park and Downtown Neighborhood Associations were notified of this proposal. 3. ON SITE DRIVES AND PARKING: The site has no on-site parking. Parking is available on the streets abutting the property. The building will contain a one-bedroom studio apartment and the violin shop. The applicant states typical customer traffic would be two clients per day, coming by appointment. The available on-street parking should be sufficient to accommodate the use. 4. SCREENING AND BUFFERS: 1. A site plan must comply with the City’s landscape and buffer ordinance requirements. May 19, 2011 ITEM NO.: 5 (Cont.) FILE NO.: Z-8654 2 2. Both the City Beautiful Commission and the City of Little Rock always appreciate additional trees being planted on the site or in the public right-of-way. 3. Any additional parking must comply with the City’s minimal landscape, zoning and buffer ordinances. 5. PUBLIC WORKS COMMENTS: No Comments. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. Entergy: Approved as submitted. Centerpoint Energy: Approved as submitted. AT&T (SBC): No comment received. 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. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. Fire Department: Approved as submitted. County Planning: No Comments. CATA: The site is located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (APRIL 28, 2011) The applicant, Joe Joyner, was present. Staff presented the item and noted additional information was needed regarding signage, hours of operation and the typical numbers of customer traffic. Staff noted that Mr. Joyner had been operating his business as a home occupation in Capitol Zoning but a conditional use permit was needed under the City’s regulations. May 19, 2011 ITEM NO.: 5 (Cont.) FILE NO.: Z-8654 3 Staff noted that the site was located in the MacArthur Historic District and the applicant would have to comply with applicable Historic District regulations. Mr. Joyner stated he was on the Historic District Commission’s agenda for April 11, 2011 and had been approved by them for repointing mortar, brick replacement and installation of a door on the east façade of the building. The applicant was advised to provide responses to staff by May 4, 2011. The Committee determined there were no other issues and forwarded the item to the full Commission. STAFF ANALYSIS: The R-4A zoned lot located at 316 East 11th Street is a typical 50 ft. X 140 ft. urban lot. A one-story, 1,350 square foot, brick structure is located on the west end of the lot. A privacy fence encloses the portion of the yard adjacent to the building. The east half of the lot is unenclosed yard space. The building was constructed around 1900 to serve as stable for the Baer Grocery, which was located to the east at 1020 Rock Street. During the ensuing years, it has been used as a garage, storage and an office. The applicant is requesting approval of a conditional use permit to allow for the use of a portion of the structure for a violin repair and sales business. Somewhat more than half of the structure will be used for the violin business. The remainder will be remodeled into a one-bedroom apartment that the applicant will occupy. In the R-4A zoning district, C-1 uses are permitted as a conditional use. The applicant has been operating as a home business in the Capitol Zoning District. He could not qualify as a home occupation under Little Rock’s zoning regulations due to the percentage of the building being used for the business. The applicant repairs and sells only instruments of the violin family. Customers are seen by appointment only and regular business hours are not kept. Customer meeting times generally fall between 8:00 a.m. through 6:00 p.m. Customer traffic is typically two clients per day. The applicant does eventually plan on having a small, wall sign on the front façade of the building. Any signage will have to be approved by the Historic District Commission. On April 11, 2011, that Commission did approve the applicant’s proposal to repoint the mortar, replace some bricks and to add a door on the east façade. To staff’s knowledge, there are no outstanding issues. The applicant’s proposal for use of this historically significant structure appears to be an appropriate use that is compatible with uses in the area. The site is located in the Original City of Little Rock and there is no bill of assurance. May 19, 2011 ITEM NO.: 5 (Cont.) FILE NO.: Z-8654 4 STAFF RECOMMENDATION: Staff recommends approval of the requested C.U.P. subject to compliance with the following conditions: 1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. 2. Compliance with the MacArthur Park Historic District Guidelines for Rehabilitation and new construction and any conditions imposed by the Historic District Commission. 3. The conditional use permit is limited to this applicant, Joe Joyner, and his business as described in this application. PLANNING COMMISSION ACTION: (MAY 19, 2011) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval subject to compliance with the conditions noted in the “staff recommendation” above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff. The vote was 10 ayes, 0 noes and 1 absent. May 19, 2011 ITEM NO.: 6 FILE NO.: Z-8657 NAME: AQW Properties Duplexes – Conditional Use Permit LOCATION: NW corner of West 32nd and Tatum Streets OWNER/APPLICANT: Anthony Q. White PROPOSAL: A conditional use permit is requested to allow for the construction of two duplex residential structures on these R-3 zoned lots. The 3 lots will be recombined into 2 lots with one duplex structure on each lot. 1. SITE LOCATION: The property is located on the northwest corner of West 32nd and Tatum Streets, 2 blocks east of John Barrow Road. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in a residential area characterized by single-family homes and a scattering of vacant lots. Along John Barrow Road, to the west, are an undeveloped PCD and several neighborhood-scale commercial uses on C-1 and C-3 zoned properties. Other duplexes have been approved and constructed along Ludwig Street, about 3 blocks west of this site. The proposed duplexes are to be constructed to fit in with the area, both in scale and materials. Staff believes the proposed duplexes should be compatible with the area. All owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and the John Barrow Neighborhood Association were notified of this request. 3. ON SITE DRIVES AND PARKING: Each unit is required 1.5 parking spaces. The applicant is proposing a two-car wide driveway for each unit. Access will be off of Tatum Street. 4. SCREENING AND BUFFERS: No comments on this two-family residential application. May 19, 2011 ITEM NO.: 6 (Cont.) FILE NO.: Z-8657 2 5. PUBLIC WORKS COMMENTS: 1. 32nd Street is classified on the Master Street Plan as a residential street. A dedication of right-of-way twenty-five (25) feet from centerline will be required. 2. Tatum Street is classified on the Master Street Plan as a residential street. A dedication of right-of-way twenty-five (25) feet from centerline will be required. 3. A twenty (20) foot radial dedication of right-of-way is required at the intersection of 32nd Street and Tatum Street. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. Entergy: No comment received. Centerpoint Energy: Approved as submitted. AT&T (SBC): No comment received. Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water regarding the size and location of the water meter. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. Fire Department: Place fire hydrants per Code. County Planning: No Comments. CATA: The site is not located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (APRIL 28, 2011) The applicant, Anthony White, was present. Staff presented the item and noted little additional information was needed. Staff commented that the driveways for each unit needed to be widened to 18 feet to accommodate 2 vehicles. May 19, 2011 ITEM NO.: 6 (Cont.) FILE NO.: Z-8657 3 Public Works, Utility and Fire Department Comments were noted. The applicant was advised to contact the individual agencies if there were any questions. Mr. White was advised to submit a revised site plan by May 4, 2011. The Committee determined there were no other issues and forwarded the item to the full Commission. STAFF ANALYSIS: The applicant is requesting approval of a conditional use permit to allow for the construction of two duplex residential structures (total of 4 units) on the vacant, R-3 zoned property located at the northwest corner of West 32nd and Tatum Streets. The property consists of three lots that will be recombined into two lots. The structures will front onto Tatum Street. Each unit will have a two-car wide, concrete paved driveway off of Tatum Street. The structures will be one story in height with a vinyl siding exterior and shingled-pitched roofs. The yards will be landscaped. Each unit will be 936± square feet in size and will contain two bedrooms and one bath, in addition to kitchen and living room. To staff’s knowledge, there are no outstanding issues. The applicant has submitted a revised site plan showing the proper driveway widths and required right-of-way dedication. There have been other duplexes approved in the area. The style of buildings proposed is compatible with other residential structures in the neighborhood. The century-old bill of assurance for John Barrow does not address use issues. The site plan will require one more modification prior to issuance of building permits. The buildings will need to be moved slightly to accommodate the right-of-way dedication and still provide the required setbacks. STAFF RECOMMENDATION: Staff recommends approval of the requested C.U.P. subject to compliance with the following conditions: 1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. 2. The site plan must be modified prior to issuance of a building permit to accommodate the right-of-way dedication and to provide required setbacks. May 19, 2011 ITEM NO.: 6 (Cont.) FILE NO.: Z-8657 4 PLANNING COMMISSION ACTION: (MAY 19, 2011) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval subject to compliance with the conditions noted in the “staff recommendation” above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff. The vote was 10 ayes, 0 noes and 1 absent. May 19, 2011 ITEM NO.: 7 FILE NO.: Z-8658 NAME: Harold Court – Easter Seals Apartments – Conditional Use Permit LOCATION: East side of 1400 Block of Charlotte Drive OWNER/APPLICANT: Easter Seals of Arkansas/Williams and Dean Architects PROPOSAL: A conditional use permit is requested to allow the use of this O-3 zoned property for a 4-building, 14-unit multifamily development. 1. SITE LOCATION: The site is located on the east side of Charlotte Drive, south of Northmoor Drive. 2. COMPATIBILITY WITH NEIGHBORHOOD: Similar Easter Seals multifamily developments are located adjacent to the south and across Charlotte Drive. Easter Seals owns the undeveloped O-3 zoned property to the east. A daycare center is located to the north. Other uses in the area include single family residences, office- warehouses, a church, a city park and a correctional facility. The two existing Easter Seals facilities appear to have been a good fit for the neighborhood. There is no reason to expect anything different for this proposed facility. All owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and the Broadmoor and Point O’Woods Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: A 14-unit multifamily development requires 21 parking spaces (1.5 per unit). The applicant proposes to construct 21 spaces with two driveways onto Charlotte Drive. 4. SCREENING AND BUFFERS: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. Areas set aside appear to meet City’s minimal landscape and buffer ordinance requirements. May 19, 2011 ITEM NO.: 7 (Cont.) FILE NO.: Z-8658 2 3. An automatic irrigation system to water landscaped areas will be required. 4. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when properly preserving trees of six (6) inch caliper or larger. 5. PUBLIC WORKS COMMENTS: 1. At time of issuance of a building permit, sidewalks with appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. 2. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. If two (2) driveways are desired, they should align with the driveways to the west. If not, only one driveway will be allowed aligned with one of the driveways to the west. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. Capacity Contribution Analysis required. Contact LRW for details. Entergy: Approved as submitted. Centerpoint Energy: Approved as submitted. AT&T (SBC): Approved as submitted. Water: There is an existing 6-inch cast iron pipe that runs across the property approximately ten (10) feet south of the sewer line shown on the preliminary plat. 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 May 19, 2011 ITEM NO.: 7 (Cont.) FILE NO.: Z-8658 3 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 the 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 (10) days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Place fire hydrant per code. Maintain at least twenty (20) foot wide access. County Planning: No Comments. CATA: The site is not located on a CATA bus route. Bus routes are located along University Avenue, one block east of this site. SUBDIVISION COMMITTEE COMMENT: (APRIL 28, 2011) The applicants were present. Staff presented the item and noted additional information was needed regarding building design, signage, fencing and uses of the community building. Staff asked for additional details on the trash enclosure and dimensions of the parking stalls and driveway. In response to a question from staff, the applicant stated there would be no on-site manager’s apartment and the office would be located in the community building. Public Works, Utility and Landscape Comments were discussed. Vince Floriani, of Public Works, discussed the issues related to driveway location and spacing. The applicant stated the two driveways were needed to accommodate garbage pick-up. He stated the site generated little traffic volume. The applicant was May 19, 2011 ITEM NO.: 7 (Cont.) FILE NO.: Z-8658 4 advised to meet with the City’s Traffic Engineer to see if the issue could be resolved. The applicants noted that Easter Seals owns the vacant property adjacent to the east. They asked if that property could be fenced. Staff responded that the vacant property could be fenced but it could not be used in conjunction with the proposed multifamily use since it was not included in the C.U.P. application. The applicants were advised to submit responses to staff by May 4, 2011. The Committee then forwarded the item to the full Commission. STAFF ANALYSIS: Easter Seals of Arkansas is proposing to construct a four-building, 14-unit multifamily development for special needs clients on the O-3 zoned property located on the east side of the 1400 Block of Charlotte Drive. The buildings will be laid out around a parking courtyard with access off of Charlotte. Each building will be one-story in height and will be constructed with a brick and siding exterior with a pitched, shingled roof. The project will match the existing Easter Seals’ multifamily developments located adjacent to the south and across Charlotte Drive to the west. A synopsis of the development is as follows: Building A 2,700 sf (3) one-bedroom units and (1) two-bedroom unit Building B 3,900 sf (5) one-bedroom units and (1) two-bedroom unit Building C 1,550 sf Community Building containing an office and community room Building D 2,700 sf (3) one-bedroom units and (1) two-bedroom unit A 6-foot tall wood privacy fence will be placed on the north and south perimeters and will also enclose the undeveloped, O-3 zoned property also owned by Easter Seals located to the east. The trash enclosure will be located at the front of the site. A 5-foot tall brick wall will wrap around the front of the enclosure. Wood gates on the interior of the closure will complete the screening. A sign will be placed on the exterior of the brick enclosure. There will be no on-site manager’s apartment. One is located in the Easter Seals development adjacent to the south. The existing bill of assurance limits use of the property, which is platted as single family lots, to single family residences. These and the surrounding properties were zoned O-3 in 1988. The bill of assurance has been amended on those May 19, 2011 ITEM NO.: 7 (Cont.) FILE NO.: Z-8658 5 properties that have been developed. A similar revision should be done for these lots. One condition of the 1988 rezoning was that the lots are to be replatted. To staff’s knowledge, there are no outstanding issues. The Traffic Engineer has reviewed the driveway spacing and, due to the nature of the development and the low traffic expected to be generated, has approved the proposed driveway locations and spacing. STAFF RECOMMENDATION: Staff recommends approval of the requested C.U.P. subject to compliance with the following conditions: 1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. 2. Signage area is to comply with that allowed in office and institutional zones. 3. Any site lighting is to be low-level and directional, aimed downward and into the site. 4. The property is to be replatted as required by the O-3 zoning. Staff recommends approval of the driveway spacing and location variances to allow the driveways as proposed. PLANNING COMMISSION ACTION: (MAY 19, 2011) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval subject to compliance with the conditions noted in the “staff recommendation” above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff. The vote was 10 ayes, 0 noes and 1 absent. May 19, 2011 ITEM NO.: 8 FILE NO.: Z-7817-D NAME: Magnolia Terrace Addition Lots 1-3 POD Revocation LOCATION: Located at 15100 -15120 Cantrell Road. DEVELOPER: William Dean, PE 209 Roya Lane Bryant, AR 72022 ENGINEER: William Dean, PE 209 Roya Lane Bryant, AR 72022 AREA: 4.06 acres NUMBER OF LOTS: 3 FT. NEW STREET: 0 LF CURRENT ZONING: POD - Expired APPROVED ALLOWABLE USES: O-3, General Office District REVOCATION ZONING: R-2, Single-family VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: Ordinance No. 19,506 adopted by the Little Rock Board of Directors on March 21, 2006, rezoned two previously approved POD’s and an area located to the west of the POD zoned property to POD to allow a three lot development. The expanded area to the west was zoned R-2, Single-family. The approval allowed the development of the site with three (3) lots and four buildings. O-3, General Office District uses were approved as allowable uses for the site. The approval did allow the placement of ten percent of the total gross floor area as an accessory use as identified in the O-3, General Office Zoning District. The lots ranged in size from 1.18 acres to 1.53 acres. The construction of a single story building was proposed for Lots1 and2. Lot 3 was proposed with two buildings, a single-story building and a two level building utilizing the slope of the site. The building located on Lot 1 contained 9,000 square feet. The building on Lot 2 contained 12,600 square feet and the building on Lot 3 contained a 3,000 square foot building and a 12,000 square foot building. The overall development plan was in compliance with the Highway 10 Design Overlay District with the exception of the rear May 19, 2011 ITEM NO.: 8 (Cont.) FILE NO.: Z-7817-D 2 yard setback which was approved with a 25-foot setback (40-feet typically required per the DOD). The development has not occurred and the applicant failed to submit the final development plan as required by the PUD section of the ordinance within the three year time frame nor did the applicant request a time extension for the approval. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: Per Section 36-458(a) Cause for revocation as enforcement action. The Planning Commission may recommend to the Board of Directors that any PUD or PD approval be revoked and all building permits or certificates of occupancy be voided under the following circumstances: (1) The applicant has not submitted a final development plan to staff. Where a staged development plan is approved the Board of Directors may revoke the entire preliminary plan or may revoke only that stage on which a final plan has not been submitted and approved. (2) Construction has not commenced within the time allowed. (3) The applicant has not adhered to the development schedule as stated in the approved preliminary plan. In addition, to the revocation for cause, Section 36-454(e) final development plan states the applicant shall have three years from the date of passage of the ordinance approving the preliminary approval to submit the final development plan. Request for extensions of time shall be submitted in writing to the Planning Commission which may grant one extension of not more than two years. Failure of the applicant to file a timely extension shall be cause for revocation of the PUD as provided in the ordinance. Per the ordinance requirement of the procedure for revocation, staff has contacted the applicant indicating the default of approval and setting a time to appear before the Planning Commission to show cause why steps should not be made to totally or partially revoke the POD zoning classification. According to the ordinance, the Planning Commission shall provide a recommendation which shall be forwarded to the Board of Directors for disposition as in the original approval. B. EXISTING CONDITIONS: The site is vacant. The former driveway locations are still in place. There is undeveloped property located immediately north of the site and there is a single-family residence located immediately west of the site adjacent to Rummell Road. To the east of the site is a branch bank facility and medical office uses. Further west is a drive-through restaurant and vacant commercially and office zoned property. There are single-family residences in the Westchester Subdivision located across Cantrell Road to the south and southwest. An office use, a pet grooming/boarding facility and a private school are located to the southeast. May 19, 2011 ITEM NO.: 8 (Cont.) FILE NO.: Z-7817-D 3 Cantrell Road is a five-lane roadway with curb and gutter in place. There is no sidewalk located adjacent to the site being proposed for rezoning. There is a sidewalk located immediately east of the site in front of the branch bank facility. C. STAFF RECOMMENDATION: Staff feels the approval should be voided since the applicant has failed to satisfy the requirements of the approval process. Staff recommends the current POD zoning classification be revoked and the previously held R-2, Single-family zoning be restored. PLANNING COMMISSION ACTION: (MAY 19, 2011) The applicant was present. There were no registered objectors present. Staff presented the item stating they felt the approval should be voided since the applicant had failed to satisfy the requirements of the approval process. Staff presented a recommendation the current POD zoning classification be revoked and the previously held R-2, Single-family zoning be restored. There was no further discussion of the item. The Chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. 0 0 w w g I'll w 0 0. a) w w z Co m w Cn M d 0 LU Z m O LLi 0 fl�O© <�QR -'w Lj <(� Ltl uj C ui � 2m00Ll- ti© =�7zti❑�C III I MEN son I Became loolimilloom IN loolmoll comes III 101111111101 0. a) w w z Co m w Cn M d 0 LU Z m O LLi 0 fl�O© <�QR -'w Lj <(� Ltl uj C ui � 2m00Ll- ti© =�7zti❑�C May 19, 2011 There being no further business before the Commission, the meeting was adjourned at 5.13 p.m. Date �/