Loading...
pc_07 14 2011sub LITTLE ROCK PLANNING COMMISSION SUBDIVISION HEARING SUMMARY AND MINUTE RECORD JULY 14, 2011 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present there being ten (10) members present. II. Members Present: Tom Brock William Changose Janet Dillon J. T. Ferstl Rebecca Finney Keith Fountain Dan Harpool Troy Laha Obray Nunnley, Jr. Bill Rector Members Absent: Amy Pierce City Attorney: Cindy Dawson III. Approval of the Minutes of the June 2, 2011 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION SUBDIVISION AGENDA JULY 14, 2011 OLD BUSINESS: Item Number: File Number: Title: A. Z-8646 13th Street Short-form PD-R, located North of West 13th Street between South Park and Dennison Streets. B. Z-1465-D Rock Town Center Short-form PCD, located at 4601 South University Avenue. C. Z-8659 Pop’s Pool Hall Short-form PCD, located at 4308 Asher Avenue. D. Z-8660 McDaniel Short-form PD-R, located at 11100 Legion Hut Road. E. Z-5873-A Peacock Apartments Short-form PD-R, located at 103 South Park Street. NEW BUSINESS: I. ZONING SITE PLAN REVIEW: Item Number: File Number: Title: 1. Z-3371-GG Baptist School of Nursing Zoning Site Plan Review, located at 11900 Colonel Glenn Road. II. PLANNED DEVELOPMENTS: Item Number: File Number: Title: 2. Z-3371-HH Lot 1 the Village at Brodie Creek Short-form PCD, located on the Northwest corner of Colonel Glenn Road and Colonel Glenn Plaza Drive. 3. Z-4411-L Pleasant Ridge Towne Center Revised Long-form PCD, located on the Southwest corner of Cantrell Road and Woodland Heights Road. Agenda, Page Two II. PLANNED DEVELOPMENTS: Item Number: File Number: Title: 4. Z-5756-D Bowman Heights Center Revised Short-form PCD, located at 301 and 303 South Bowman Road. 5. Z-5805-B 11820 Chicot Road Short-form PCD, located at 11820 Chicot Road. 6. Z-6274-C Rodney’s Cycle House Short-form PCD, located at 9110 I-30. 7. Z-7919-C Rock City Marina and Yacht Club Revised Long-form PCD, located North of 3rd Street and East of Bond Street. 8. Z-7978-B 12624 Lawson Road Short-form PCD, located at 12624 Lawson Road. 9. Z-8386-A Edgemere Park Short-form PD-R, located at 807 Kirby Road. 10. Z-8661-A Bean Short-form PD-R, located at 516 Ridgeway Drive. 11. Z-8668 104 North Cedar Street Short-form PCD, located at 104 North Cedar Street. 12. Z-8675 Mabelvale Cut-off and Whispering Pine Drive Short-form PCD, located on the Northwest corner of Mabelvale Cut-off Road and Whispering Pine Drive. 13. Z-8676 1109 North Palm Street Short-form PD-R, located at 1109 North Palm Street. III. OTHER BUSINESS: Item Number: File Number: Title: 14. A-321 Lawson Cut-off Road Annexation, Northwest corner Lawson and Lawson Cut-off Roads. July 14, 2011 ITEM NO.: A FILE NO.: Z-8646 NAME: 13th Street Short-form PD-R LOCATION: Located North of West 13th Street between South Park and Dennison Streets DEVELOPER: Vann & Associates P.O. Box 164681 Little Rock, AR 72206 ENGINEER: Crafton, Tull and Associates 10825 Financial Centre Parkway, Suite 300 Little Rock, AR 72211 AREA: 0.344 acres NUMBER OF LOTS: 5 FT. NEW STREET: 0 LF CURRENT ZONING: R-4, Two-family ALLOWED USES: Single-family and Two-family Residential PROPOSED ZONING: PD-R PROPOSED USE: Single-family – Create 5 lots VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The application request is a rezoning from R-4, two-family to PD-R to allow the redevelopment of this site with single-family homes. The development consists of five, two story residential structures each totaling approximately 1,800 square feet. The site is located within the Central High Design Overlay District. Off-street parking will be provided for the residents. Some portions of the existing sidewalks and curb and gutter will be reconstructed as a result of construction of the new driveways. On-street parking on West 13th, South Park and Dennison Streets will remain. A six foot wood privacy fence will be installed along the north property line that separates this development from adjacent July 14, 2011 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-8646 2 properties on South Park and Dennison Streets. Front yard setbacks will be 7.5-feet on 13th Street. Side yard setbacks will be five feet on the interior and ten feet on South Park and Dennison Streets. A 7.5-foot rear yard setback is proposed. Existing trees not in direct conflict with the proposed development will be protected during construction. Additional landscaping will be installed to comply with City ordinance and the DOD requirements. B. EXISTING CONDITIONS: The property is a narrow strip, which is currently vacant, fronting on West 13th Street. East of the site fronting Park Street are single-family homes, the Central High Visitor Center and three residential buildings currently under construction by the Little Rock Housing Authority. Across West 13th Street to the south are single-family homes, a parking lot serving Central High School and further south is the Central High School Campus. West of the site on Dennison Street is a multi-family building and a bar located just south of West 12th Street. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a number of informational phone calls 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 Central High Neighborhood Association and the Capitol Hill Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. A 20-foot radial dedication of right-of-way is required at the intersection of South Park Street and West 13th Street. 2. A 20-foot radial dedication of right-of-way is required at the intersection of South Dennison Street and West 13th Street. 3. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 4. If disturbed area is one (1) or more acres, obtain a NPDES stormwater permit from the Arkansas Department of Environmental Quality prior to the start of construction. 5. Remove old curb cuts adjacent to these properties. July 14, 2011 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-8646 3 E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required with easements for Lots 1, 2, 4 and 5. Contact the Little Rock Wastewater Utility for additional information. Entergy: Property owners are responsible for cost of relocating power lines. Contact Entergy for additional information. 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. 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 not located on a dedicated CATA Bus Route. Parks and Recreation: No comment. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Central City Planning District. The Land Use Plan shows Residential Low Density for this property. The applicant has applied for a rezoning to Planned Development Residential to allow the redevelopment of the 13th Street block face with five (5) two-story residential structures each totaling approximately 1,800 square feet. July 14, 2011 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-8646 4 Master Street Plan: Park Street, Dennison Street and West 13th Street are all 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: No comment on this single-family development. G. SUBDIVISION COMMITTEE COMMENT: (March 31, 2011) Mr. Brad Peterson and Mr. Charles Vann were present representing the request. Staff presented an overview of the request stating there were additional items necessary to complete the review process. Staff stated the property was located within the Central High Design Overlay District. Staff stated the site plan as presented did not comply with the typical standards of the DOD. Staff requested additional information concerning the design, location of the mechanical and if there were any trees located on the site. Public Works comments were addressed. Staff stated radial dedications were required at the intersections of 13th and Dennison and 13th and Park Streets. Staff also stated if the disturbed area exceeded one acre an NPDES stromwater permit from the State was required. Staff stated all old curb cuts adjacent to the property were to be removed with the new development. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing a number of the issues raised at the March 31, 2011, Subdivision Committee meeting. The revised plan indicates the air conditioning units will be located at the rear of the homes and the site plan notes there are not any significant trees located on the site. The applicant has provided staff with a building elevation for the proposed structures. July 14, 2011 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-8646 5 The request is to rezone these two (2) residential lots from R-4, Two-family District to PD-R to allow the redevelopment of the site with five (5) single-family homes. The development will consist of five (5), two-story residential structures each totaling approximately 1,800 square feet. The site plan indicates the placement of covered parking as well. Off-street parking will be provided for the residents. Some portions of the existing sidewalks and curb and gutter will be reconstructed as a result of construction of the new driveways. On-street parking on West 13th, South Park and Dennison Streets will remain. The site plan indicates the placement of a six (6) foot wood privacy fence along the north property line that separates this development from adjacent properties on South Park and Dennison Streets. The site plan indicates the placement of a front yard setbacks of 7.5-feet on 13th Street. A side yard setback of ten (10) feet is proposed on South Park and Dennison Streets. The rear yard setback is indicated at 7.5-feet. The plan indicates the placement of five (5) foot side yard setbacks for Lot 1. The remaining lots are indicated with a shared covered parking area located along the common property line. The applicant has indicated there are no existing trees on the site. A note on the plan indicates additional landscaping will be installed to comply with City ordinance and the DOD requirements. The site is located within the Central High Design Overlay District. The DOD for single-family development states in order to be compatible with the historic nature of the neighborhood, new construction and additions to existing structures shall comply with specific criteria. Plans for new construction, additions and modifications which are subject to the DOD shall be submitted to the Department of Planning and Development. The Planning Department will review the plans for consistency with the detailed requirements of the DOD ordinance and consistency with the historic nature of the district. In the case of an undeveloped block face, the requirements shall relate to the adjacent block faces. The DOD states a roof pitch of less than 8:12 is prohibited. Decorative roof features such as metal cresting, tile ridge caps, or other ornamentation are to be reinstalled when roofing or doing roof repairs. If tile roofs exist they are to be preserved. The materials of the exterior shell must be wood, brick, other masonry, or a material that resembles wood (i.e., vinyl siding, etc.). The orientation of the buildings is to be consistent with that of other structures on the developed block face. The primary entrance is to be consistent with that of other July 14, 2011 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-8646 6 structures on the developed block face. The front yard setback for all R-2 and R-3 Single-family and R-4 Two-family district zoned property is to be fifteen (15) feet. All other setbacks are to comply with the property's zoning district. Residential structures must have a front porch that is a passageway from the street to the front door of the unit(s) on new residential construction and additions/modifications to the front facade of existing residential structures. Mechanical service equipment (including, but not limited to, air conditioner condensing units, transformers, solar collectors, satellite dishes, etc.) must be located in the rear yards or on a rear-facing roof. No off-street parking pads are allowed between the front of the principal structure and a public street. Surface parking is to be located behind or adjacent to a structure. Driveways are permitted to be installed in the front yard setback, but not between the principal structure and a public street. Parking pads are defined as permanent surfaces of concrete, asphalt, modular pavers, masonry, gravel or other permanent surfaces to be used for the purpose of parking or storage of vehicles. Detached garage and carport locations are to be located to the rear or the principal structure and must not be located in the front setback. Attached garages must have garage door openings that face side streets, interior lot lines, or alleys. Accessory building coverage within the twenty-five (25) foot rear yard setback must be no more than forty (40) percent of the area. Accessory building setbacks are to comply with Sections 36-254 and 36-256 of the Little Rock Code of Ordinances. The applicant has indicated construction materials will comply with those identified in the DOD. The roofs will also exceed an 8:12 pitch. The orientation of the buildings does comply with the homes located on the developed block face along West 13th Street and the primary entrances is consistent with that of other structures on the developed block face. The homes are proposed with a front porch on each of the units. All mechanical service equipment will be located as outlined in the DOD. The development as proposed does not comply with the front yard setback per the DOD of 15-feet. The rear yard setback is also inconsistent with the typical setback prescribed by the DOD. The site plan indicates parking located adjacent to the structure. A detached covered parking area is indicated on the site plan. The covered structures are located beyond the front setback per the DOD. July 14, 2011 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-8646 7 Although the site does not fully comply with the Central High DOD staff is supportive of the request. The primary variation from the DOD is related to the front and rear yard setbacks. Based on the existing lot configuration and the development as proposed the lots do not allow for setbacks as outlined in the DOD. Staff supports this variation because of the development pattern in the area. Staff feels based on the institutional use located just south of this site there is a direct impact on redevelopment of this site. There are two (2) single-family homes located across West 13th Street and a large surface parking lot for Central High School. In addition to the southeast is the Central High School Visitors center. The site is directly impacted by street parking of students and faculty of Central High School. To staff’s knowledge there are no remaining outstanding technical issues associated with the request. Staff feels the addition of five (5) single-family homes as proposed should provide a positive impact on the area. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. PLANNING COMMISSION ACTION: (APRIL 21, 2011) The applicant was present. There was one registered objector present. Staff presented the item stating the applicant was requesting a deferral of the item to the June 2, 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. STAFF UPDATE: The applicant submitted a revised site plan to staff reducing the number of units from five (5) to four (4). The site plan indicates the placement of a front yard setbacks of 7.5-feet on 13th Street. A side yard setback of ten (10) feet is proposed on South Park and Dennison Streets. The rear yard setback is indicated at 7.5-feet. The plan July 14, 2011 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-8646 8 indicates the placement of five (5) foot side yard setbacks. Drives will be extended from West 13th Street to the structures to allow for off-street parking. Within the Central High DOD no off-street parking pads are allowed between the front of the principal structure and a public street. Surface parking is to be located behind or adjacent to a structure. Driveways are permitted to be installed in the front yard setback, but not between the principal structure and a public street. Parking pads are defined as permanent surfaces of concrete, asphalt, modular pavers, masonry, gravel or other permanent surfaces to be used for the purpose of parking or storage of vehicles. The applicant has indicated the parking pads will comply with the typical DOD standard. There has not been a change in the design of the structures from the original submission. The DOD states a roof pitch of less than 8:12 is prohibited. Decorative roof features such as metal cresting, tile ridge caps, or other ornamentation are to be reinstalled when roofing or doing roof repairs. The materials of the exterior shell must be wood, brick, other masonry, or a material that resembles wood (i.e., vinyl siding, etc.). The orientation of the buildings is to be consistent with that of other structures on the developed block face. The primary entrance is to be consistent with that of other structures on the developed block face. The front yard setback for all R-2 and R-3 Single-family and R-4 Two-family district zoned property is to be fifteen (15) feet. All other setbacks are to comply with the property's zoning district. The structures are proposed with a front setback of 7.5 feet which is not consistent wit the typical DOD standard. The rear yard setback is also inconsistent with the typical setback prescribed by the DOD (7.5-feet). Residential structures must have a front porch that is a passageway from the street to the front door of the unit(s) on new residential construction and additions/modifications to the front facade of existing residential structures. Mechanical service equipment must be located in the rear yards or on a rear-facing roof. The development will comply with the DOD requirements. Staff continues to support the request although there are variations with the Central High DOD. The primary variation from the DOD is related to the front and rear yard setbacks. Based on the existing lot configuration and the development as proposed the lots do not allow for setbacks as outlined in the DOD. As previously stated staff supports the variation because of the development pattern in the area. Staff continues to feel based on the institutional use located just south of this site there is a direct impact on redevelopment of these lots. There are two (2) single-family homes located across West 13th Street and a large surface parking lot for Central High School along with the Central High School Visitors center located to the southeast. The site is directly impacted by street parking of students and faculty of Central High School. July 14, 2011 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-8646 9 The property is currently zoned R-4, Two-family district which would allow for the construction of two (2) duplex structures on these two (2) residential lots resulting in the same density as proposed by the applicant. Staff feels the placement of the single- family homes as proposed will add value to the neighborhood allowing new residents the opportunity to purchase homes in the neighborhood. To staff’s knowledge there are no remaining outstanding technical issues associated with the request. Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. PLANNING COMMISSION ACTION: (JUNE 2, 2011) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated May 19, 2011, requesting a deferral of the item to the July 14, 2011, public hearing. Staff stated the applicant had indicated the deferral request was necessary to allow the applicant and the Central High Neighborhood Association additional time to work through issues related to the site plan. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. STAFF UPDATE: Upon further review, staff has discovered an error in the previous analysis. The applicant had indicated there were no trees on the site. There are in fact several trees on the east half of the site. The DOD states: “Trees greater than fourteen (14) inches in diameter measured at four and one-half (4 ½) feet above ground shall be protected form removal and damages in future development of the district. Any development within fifty (50) feet of any such tree shall be reviewed prior to development to assure protective measures are included and in place. Tree removal can only be done is approved by the City’s Urban Forester.” The applicant has been advised to provide a tree survey and to include information pertinent to the trees on the site plan. The plan will then be forwarded to the Urban Forester for review and comment. Staff recommends deferral of this item to the August 25, 2011 agenda with the applicant to submit the required plans prior to the August 4, 2011 Subdivision Committee meeting. July 14, 2011 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-8646 10 PLANNING COMMISSION ACTION: (JULY 14, 2011) The applicant was not present. There were no objectors present. Staff presented he item and a recommendation of deferral as noted in the staff update above. There was no further discussion. The item was placed on the consent agenda and approved for deferral to the August 25, 2011 meeting by a vote of 10 ayes, 0 noes and 1 absent. July 14, 2011 ITEM NO.: B FILE NO.: Z-1465-D NAME: Rock Town Center Short-form PCD LOCATION: Located at 4601 South University Avenue DEVELOPER: William Wade Waller 4601 S. University Avenue Little Rock, AR 72204 SURVEYOR: Holland Surveying 1803 Milbern Drive Benton, AR 72015 AREA: 9.0 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: C-4, Open Display District ALLOWED USES: Commercial – Outdoor Display PROPOSED ZONING: PCD PROPOSED USE: C-4, Open Display, Outdoor and Indoor Events, Outdoor Entertainment (Events Center) VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: A Conditional Use Permit was approved on April 7, 2001, by the Little Rock Planning Commission to allow the use of a portion of the building for a general merchandise and auto auction business. The auctions would be held in the last four bays located in the south end of that building. The autos awaiting auction would not utilize any of the public parking and would be parked on the southeast side of the site, behind the building. No more than 35 vehicles would be on the site for auction at any time. Hours of operation for the development were from 7:00 am to 10:00 pm, seven days per week. Auctions would take place inside the building. The approval of the CUP did not allow for inoperable or wrecked vehicles to remain on the site. There was to be on outside storage of vehicles awaiting auction. The CUP did not allow for the use of outside speakers in conjunction with the proposed auction use. No excessive or unusual noise July 14, 2011 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-1465-D 2 was to be emitted so that it constituted a nuisance, which substantially exceeded the general level of noise comparison to be made at the boundary of the site (LR Code of Ordinances, Section 36-298(1)). A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: There are additional uses requested. These additional uses include: Non-profit fundraising and event space, Office and retail space (new and used items), Artist studio space, Recording studio (video and sound), Additional automobile services, Event center, Outdoor and indoor live music with amplified outdoor and indoor sound, Restaurant dine in and dine out services where beer and spirituous beverages will be served. Non-listed sports uses including volleyball, baggo, horseshoes. Outside activities will include food contests and outdoor sales. The site is planned with a courtyard location for the sport uses and outdoor live music activities. Hanging sails in the air will create a shade. The current design has not been completed. Additionally a one (1) foot high container, in the courtyard, to hold the sand for the sports area will be constructed of wood or masonry. The plan is to build a space to accommodate four (4) courts. Decking will be installed to allow patrons to walk around the east side of the sand courts. This will create a boardwalk-shopping environment in the courtyard area. The west side of the bazaar will contain retail sales. Security precautions are as follows: After business hours everyone must leave. Loitering in the parking lot will not be tolerated at any time. Additional lighting needs have been identified and conversations with Entergy have begun to find a solution. Parking lot security will be utilized on busy nights. If it is necessary a small security structure may be constructed at the entrance to regulate traffic. The artist studio spaces will be along the main corridor on the east side of the building marked as bazaar. Each room will be designed for the artist in occupancy such as glass blowers and welders will have an open space along with extra fire prevention, a painter will have correct lighting and musician will have walls designed to contain sound. The food court will be designed as a rentable space for events such as health fairs, fundraisers for non-profits, dances and a place for customers to eat the food prepared from one of the license food truck or by an in-house restaurant. Additionally, fencing the front of the building and the green space is proposed for safety. Five (5) new sign locations are being proposed: The first two (2) sign locations will be an entrance signs at both front entrances. The third sign location is for the Auto zone and the building in the back. The fourth sign locations will be tenant based advertising signage under our main sign. The fifth sign location will be on the fence on the west side. July 14, 2011 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-1465-D 3 The property located at 4601 S. University is currently not located in a subdivision. There is no bill of assurance for the property. “Any sound coming from Rock Town will not disturb our neighbors, additionally we will work with our neighbors to be respectful of each other.” B. EXISTING CONDITIONS: The property is bounded on the north, south and east by OS, Open Space zoned floodway. Retail uses, including an automobile dealership are located across South University Avenue to the west. The general area includes a variety of uses; including the shopping centers at the intersection to the north, retail sales and automobile related uses. The site contains 430+ paved parking spaces. The property has been converted into a multiple use facility. The site contains a used car lot, a flea market with outdoor and outdoor booths, a vehicle detail shop and an auto repair business. 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 Geyer Springs Neighborhood Association, the Westwood Neighborhood Association, Southwest Little Rock United for Progress and the University District were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Show the floodplain and/or floodway delineations on the survey. 2. It appears a substantial area of the site lies within the regulated floodway and/or floodplain of Fourche Creek and Rock Creek. No future construction of any structures, improvements to the interior of the structures over 50% of the market value of the structure, parking areas, or placement of fill materials are allowed in the floodway. Additions or improvements to the interior of structures in the floodplain of 50% or more of the market value of a structure must comply with the City of Little Rock floodplain regulations. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. July 14, 2011 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-1465-D 4 Entergy: Easements are required. Contact Entergy for additional information. 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. Contact Central Arkansas Water regarding the size and location of the water meter. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work will be done at the expense of the developer. Due to the nature of the facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW’s Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. The Little Rock Fire Department needs to evaluate this site to determine whether additional public or private fire hydrant(s) will be required. If additional hydrant(s) are required, they will be installed at the Developer’s expanse. Fire Department: Place fire hydrants per code. Maintain at least a 20-foot wide access. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: Approved as submitted. The site is located on CATA Bus Routes #17 – the Mabelvale - Downtown Route and #17A the Mabelvale – UALR Route. Parks and Recreation: No comment. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the I-630 Planning District. The Land Use Plan shows Commercial for this property. The applicant has applied for a rezoning from C-4, Open Display District to Planned Commercial Development to allow additional uses to the site including outdoor and indoor live July 14, 2011 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-1465-D 5 entertainment, outdoor sports activities and outdoor sales activity and event space. The Commercial category allows for a broad range of retail and wholesale activities. Commercial activities can vary in type and scale depending on the trade area that they serve. Master Street Plan: University Avenue 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 University Avenue 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. This property is located with two (2) of the City’s major waterways therefore, ongoing concern for the environmental issues such as: litter, water runoff, etc. is appreciated by both the City of Little Rock and the City Beautiful Commission. 3. A fifty-foot (50) wide land use buffer is required to separate this proposed development from the residential property on the southern perimeter of the site. Seventy percent (70%) of these buffers are to remain undisturbed. Easements cannot count towards meeting this minimal ordinance requirement. 4. If the rehabilitation costs exceeds fifty percent (50%) of the replacement costs then the associated landscaping and buffer ordinance must be brought into compliance accordingly. 5. Any/all new parking areas must be per City of Little Rock code. 6. An automatic irrigation system to water landscaped areas will be required. 7. Prior to the issuance of a building permit, it will be necessary to provide an approved landscape plan stamped with the seal of a Registered Landscape Architect. G. SUBDIVISION COMMITTEE COMMENT: (May 12, 2011) The applicant was present representing the request. Staff presented an overview of the request stating there were additional items necessary to July 14, 2011 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-1465-D 6 complete the review process. Staff stated the Commission had recently approved a Conditional Use Permit for the use of the site as an auto auction in addition to the existing C-4, Open Display District uses. Staff questioned the location of activities taking place on the site including the car sales, storage area for auto auction cars and areas of outdoor vending. Staff requested the applicant provide the location of all activities on a site plan. Staff questioned the days and hours of operation for the site. Staff stated the approved CUP allowed for hours of operation from 7:00 am to 10:00 pm seven days per week. Staff stated the approved CUP also limited the number of automobiles on the site awaiting auto auction. Staff stated the CUP did not allow the use of outdoor speakers in conjunction with the proposed auto auction activity. Public Works comments were addressed. Staff stated the survey should include the limits of the floodplain and/or the floodway. Staff stated it appeared a substantial area of the site was located within the regulated floodway and/or floodplain of the Fourche and Rock Creeks. Landscaping comments were addressed. Staff stated if rehabilitation cost exceeded fifty percent of the replacement cost of the building then associated landscaping and buffers were to be brought into compliance accordingly. Staff stated all new parking areas must be constructed to comply with the City’s Landscape Ordinance. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan addressing a number of the issues raised at the May 12, 2011, Subdivision Committee meeting. The applicant has not however addressed Public Works concern related the placement of the floodway and/or floodplain location on the survey. The applicant has indicated the hours of operation for the development are from 7:00 am to 2:00 am daily. The applicant is requesting to place outside speakers on-site for use by the sporting and concert venues. The applicant has indicated decibel tests at the boundaries of the site will be taken to create a base line for comparison of sound levels. According to the applicant any sound coming from Rock Town will not disturb the neighbors. The property is zoned C-4, Open Display District. The applicant is requesting permission to add additional uses and a special events center as an allowable July 14, 2011 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-1465-D 7 use for the property. The retail uses include the sale of new and used merchandise within and outside the building. Special event activities to take place including non-profit fundraising and event space, non-listed sports uses including sand volleyball, baggo and horseshoes. Outside activities will include food contests and outdoor food sales. The plan includes the placement of a courtyard for the sport uses. Within the sporting courtyard concert venues will also be held with outdoor music in some cases the music will be amplified. The plan is to create a shade by hanging some sunshade sails. A one (1) foot high container, in the courtyard will be installed to contain the sand for the sports area constructed of wood or masonry. Decking will be installed along the perimeters of the sand to create a boardwalk-shopping environment in the courtyard. The artist studio space is proposed along the main corridor on the east side of the building. Each room will be designed for the artist in occupancy such as glass blowers and welders will have an open space along with extra fire prevention, a painter will have correct lighting and musician will have walls designed to contain sound. The food court is proposed as a rentable space for events such as health fairs, fundraisers non-profit, dances and will include a sit-down area for customers to eat the food prepared from a license food truck or from a in-house restaurant. Five new sign locations are being proposed. The first two sign locations are as entrance signs at both front entrance drives. The third sign location is for the Auto Zone and the rear building. The fourth sign locations will be under the shopping center main identification sign-identifying tenants of the center. The fifth sign location will be on the fence on the west side of the site. The development would typically be allowed signage per the sign ordinance for signage allowed in commercial zones or a maximum of one (1) freestanding sign per premises, not to exceed two (2) square feet in sign area for each linear foot of main street frontage up to a maximum of one hundred sixty (160) square feet. Such sign shall not exceed a height of thirty-six (36) feet. In addition to the above, freestanding sign, the owner may use one (1) of the following: Wall or mansard signs not to exceed ten (10) percent in aggregate sign area for that occupancy's facade area - One (1) awning sign per occupancy not to exceed fifty (50) percent of the surface area of the awning or one (1) marquee sign not to exceed one-third square foot in sign area for each linear foot of marquee front and side. - One (1) under-canopy or projecting sign per occupancy, not to exceed fifteen (15) square feet in sign area. The approval of the CUP did not allow for inoperable or wrecked vehicles to remain on the site. A maximum of 35 vehicles was allowed on the site for auction at any time. There was to be on outside storage of vehicles awaiting auction. The applicant has indicated this will not change. The applicant has July 14, 2011 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-1465-D 8 indicated there is a mechanic on-site which has some inoperable vehicles. The applicant has indicated there will be no more than forty (40) used automobiles on site for sale. The applicant has provided staff with an overall site plan indicating the areas of automobile sales display, areas of outdoor vending, areas of automobile service, area of parking of automobiles awaiting auction and any other outdoor activities to occur on the site. Employee and customer parking have also been identified. Staff has concerns with the outdoor venue proposed for the site. In addition staff has concerns with the amplification of sound from the site and the potential impacts on the area. Staff has concerns with the available parking on-site as the identified activities begin to occupy the paved areas with business activities and eliminating these paved surfaces for parking. Staff feels the hours of operation proposed by the applicant with the outdoor venue will potentially create a nuisance for the neighborhood. Staff does not feel the application as filed is appropriate for the site. I. STAFF RECOMMENDATION: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (JUNE 2, 2011) Mr. Walley Waller was present representing the owners. There was one registered objector present. Staff presented the item with a recommendation of denial. Ms. Pat Gee addressed the Commission in opposition of the request. She stated she was opposed to the placement of an events center as proposed. She stated Southwest Little Rock was a part of Little Rock and the residents wanted to be treated the same as the remainder of Little Rock. She stated she was concerned with the number of uses proposed for the site. She stated the residents of Southwest Little Rock wanted family friendly businesses. She stated the community did not like empty buildings and was very much business friendly. She stated most family oriented businesses were not open until 2:00 am. She stated she was concerned with an events center being located in close proximity to ITT Technical College. She stated the Board placed spacing criteria in the ordinance to protect certain uses from the impacts of events centers. Mr. Isaac Thomas addressed the Commission in support of the request. He stated the Rock Town Center had offered him the ability to open his own business. He stated the owners of the Center had done a great job in attracting small businesses to the area. He stated he did not think it was fair for residents of Otter Creek to come down and speak against what was being proposed for the Rock Town Center. He stated this was July 14, 2011 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-1465-D 9 not in their neighborhood. He requested the Commission approve the request to allow the expansion of the business opportunities at the Center. Ms. Georgia Thomas addressed the Commission in support of the request. She stated her husband was Isaac Thomas and she agreed with her husband’s comments. She stated the business location was God sent. She stated she did not feel the owners of the Rock Town Center would go beyond what was allowed by law and requested the Commission approve the request. Mr. MJ Monagle was present representing the request. He stated he was involved with the work force center located at 5401 S. University Avenue. He stated he had recently met Mr. Waller and was invited to the Center to see what new things were taking place. He stated once visiting the Center he agreed the Center was doing good things to cultivate small business in the area. Ms. Maria Garcia was present in support of the request. She stated she was a business owner within the Rock Town Center. She stated the Center was family oriented. She stated on weekends her children would come to the Center with her and play with the other children. She requested the Commission approve the request to allow the creation of the outdoor sporting events on the site and allow the children a place to play. She stated with the placement of the outdoor play area within the courtyard area she would be able to come out of her shop and spend more time with her children. She stated she did not see anything wrong with the proposal. Mr. Joe Ramirez addressed the Commission in support. He stated he had a food service in the Center. He stated he felt Mr. Waller was doing a service to the community by allowing small business to grow. He stated his children also visited the center on weekends to play with the other vendor’s children. He stated he was in support of the request. Ms. Sahwana Ellis addressed the Commission in support. She stated she supported her cousin who had a business in the Rock Town Center. She stated she supported the proposal to allow the expansion. Ms. Heaven Wine addressed the Commission in support of the request. She stated her mother owned a business in the Rock Town Center and the business allowed money to support her family. Ms. Kisty Wine addressed the Commission in support of the request. She stated she owned a shoe store in the center and had been in business for the last three months. She stated she had difficulty in finding a job and decided to start her own business. She stated the rents at the Center allowed her to operate the business and make a profit to support her family. July 14, 2011 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-1465-D 10 Maleek McClendon addressed the Commission in support. He stated his cousin owned a business within the Rock Town Center and he supported the request. Mr. Dagan Boone addressed the Commission in support of the request. He stated he was one of the original businesses in the Rock Town Center. He stated the Center was proposed similar to businesses in Atlanta, Huston and Dallas. He stated the Center provided opportunity to small business owners within the area. He stated the City was losing citizens because there were not sufficient opportunities for the residents. He stated the City needed to look to the future. He stated if the development could be tweaked or if there was a compromise then the developers were willing to consider different options. He stated ITT Technical College was moving to Chenal within 45 days. He stated there were a number of items to consider before denying the request. Ms. Joette Poe addressed the Commission on behalf of the request. She stated she was a partner in the property. She stated after returning to Little Rock more than a year ago she and Howard Fewell went to the site to see why the property was vacant. She stated the building had been stripped of all the electrical, mechanical and copper. She stated after consideration she and Mr. Fewell decided to purchase the building and renovate the building for use as a mixed use development including office and retail uses. She stated the vision was for small shop owners to lease space within the Center. She stated the City needed to grow small businesses to improve the community. Mr. Walley Waller addressed the Commission on behalf of the owners. He provided the Commission with a letter from a small business owner in the Center who could not attend the hearing. He stated the Rock Town Center was a new concept that did not fit into the guidelines of the zoning ordinance. He stated the site had been approved for an auto and general merchandise auction by the Commission’s at their April meeting. He stated the Center needed additional activities to allow the development to grow. He stated the addition of the events Center would allow the space to be leased for health fairs and musical events. He stated Southwest Little Rock United for Progress voted to support the request at their monthly meeting. He stated Rock Town Center was a mixture of businesses and a mixture of ethnicities and cultures. He provided the Commission with a list of items which were provided as an amendment to the current application request. He stated the facility would continue to be run as a secure and safe facility. He stated the owners were willing to keep all the parking lot lights on at night. He stated no loitering after dark would be allowed. He stated if an event would attract more than 100 persons in any two hour period a security guard would be hired. He stated if an event would attract more than 300 people in any four hour period then an off duty police officer would be hired. He stated if an event would attract over 400 people during any four hour period then two off duty police officers would be utilized in addition to two security staff. Mr. Waller stated the Rock Town Center was providing opportunities to families that might not other wise be allowed. July 14, 2011 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-1465-D 11 There was a general discussion by the Commission and Mr. Waller concerning his application request. The Commission indicated the concern was the events center aspect of the development and the 2:00 am closing time. Mr. Waller stated in working with staff he was advised to place in his application all he could imagine and work through the negotiation process to eliminate things that were not acceptable. He stated the 2:00 am closing was not an important aspect of the development. He stated he was willing to amend his request to limit the closing hour to 10:00 pm. He stated the development was a family oriented development. The Commission questioned the sale of alcohol. Mr. Waller stated the long term goal was to allow alcohol sales in conjunction with a restaurant use. The Commission questioned 400 persons attending an event and the needed for parking. Mr. Waller stated there were 400 plus parking spaces on the site of which 70 were dedicated to the auto auction and the used car lot. He stated there was sufficient parking for any event the site would hold. He stated 400 persons would not generate 400 vehicles. He stated most families traveled together. The Commission informed Mr. Waller they had to review the approval as a worst case scenario. The Commissioners questioned if the development was approved and there were 400 persons attending an event they had to consider could the site handle the volume. The Commission once again questioned Mr. Waller as to the use of the property. He stated he wanted to be able to lease the site to organizations desiring to hold health fairs or allow a musician the opportunity to play a concert within the courtyard area. The Commission indicated the site was zoned C-4 which allowed a number of uses. The Commission questioned staff if the uses Mr. Waller were proposing could be allowed as a special event with a special events permit and not require him to rezone the property. Staff stated they were not sure of the mechanics of the special events permit process. Commissioner Rector stated the two concerns with the development both by the Commission and staff were related to the special events center and the closing hours. He stated amending the application to limit the closing hours to 10:00 pm was a start. The Commission questioned if a deferral was in order to allow the applicant and staff time to develop a more concrete plan. Mr. Waller stated he was willing to accept a deferral to allow time for staff and the owners of Rock Town center to review the proposal and bring back to the Commission a more concrete plan. A motion was made to defer the request to the July 14, 2011, public hearing. The motion carried by a vote of 8 ayes, 1 no and 2 absent. July 14, 2011 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-1465-D 12 STAFF UPDATE: On June 28, 2011, the applicant requested withdrawal of the item. He has determined to work within the allowable C-4 uses and the previously approved auction conditional use permit. The proposed event center has been removed. Staff recommends approval of the withdrawal request. PLANNING COMMISSION ACTION: (JULY 14, 2011) The applicant was not present. There were no objectors present. Staff presented the item and a recommendation of withdrawal as noted in the staff recommendation above. There was no further discussion. The item was placed on the consent agenda and approved for withdrawal by a vote of 10 ayes, 0 noes and 1 absent. July 14, 2011 ITEM NO.: C FILE NO.: Z-8659 NAME: Pop’s Pool Hall Short-form PCD LOCATION: Located at 4308 Asher Avenue DEVELOPER: Charles Webb 93 Dartmouth Drive Little Rock, AR 72209 SURVEYOR: Brooks Surveying 20820 Arch Street Pike Hensley, AR 72065 AREA: 0.25 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: C-4, Open Display District ALLOWED USES: Open Display uses PROPOSED ZONING: PCD PROPOSED USE: Add In-door amusement as VARIANCES/WAIVERS REQUESTED: None requested. The applicant failed to notify property owners as required by the Commission’s By-laws. Staff recommends deferral of this item to the July 14, 2011, public hearing. PLANNING COMMISSION ACTION: (JUNE 2, 2011) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had failed to notify property owners as required by the Commission’s By-laws. Staff presented a recommendation of deferral of this item to the July 14, 2011, public hearing. There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. July 14, 2011 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-8659 2 STAFF UPDATE: Staff has had no contact with the applicant. Staff recommends deferral of the item to the August 25, 2011 agenda. PLANNING COMMISSION ACTION: (JULY 14, 2011) The applicant was not present. There were no objectors present. Staff presented the item and a recommendation of deferral. here was no further discussion. The item was placed on the consent agenda and approved for deferral to the August 25, 2011 meeting by a vote of 10 ayes, 0 noes and 1 absent. July 14, 2011 ITEM NO.: D FILE NO.: Z-8660 NAME: McDaniel Short-form PD-R LOCATION: Located at 11100 Legion Hut Road DEVELOPER: Nuage Residential Construction c/o James McDaniel P.O. Box 250 Sweet Home, AR 72164 SURVEYOR: Brooks Surveying 20820 Arch Street Pike Hensley, AR 72065 AREA: .50 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family ALLOWED USES: Single-family residential PROPOSED ZONING: PD-R PROPOSED USE: Multi-family 4-plex VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is proposing a rezoning of the site from R-2, Single-family to PD-R to allow the construction of a four-plex apartment building. The building is proposed containing 2,800 square feet. The site plan indicates the placement of eight (8) on-site parking spaces located adjacent to Legion Hut Road. The applicant has indicated the buildings will be constructed of brick and vinyl. The roof will be a standard pitch roof with asphalt shingles. A six (6) foot wood fence will be installed along the perimeters abutting single-family zoned property. July 14, 2011 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: Z-8660 2 B. EXISTING CONDITIONS: The property is heavily wooded, as is the property to the south. North, northeast and west of the site are single-family homes. The homes fronting on Legion Hut Road appear to be developed on larger lots. The homes located to the west appear to be developed on smaller lots within the Shiloh Subdivision. To the east is a manufactured home park. Further south of the site is the Oxford Valley Subdivision, which is a single-family subdivision, which is continuing to develop with new homes. 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 Legion Hut Neighborhood Association and Southwest Little Rock United for Progress were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Legion Hut Road is classified on the Master Street Plan as a residential street. A dedication of right-of-way 25 feet from centerline will be required. Provide the centerline of the Legion Hut Road right-of-way to determine if a dedication is required. 2. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 3. Vehicle parking is not allowed in the public right-of-way. 4. Vehicle backing into Legion Hut Road creates a safety hazard and is not allowed with developments more dense than a single-family residential development. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer is available to this project. Entergy: Approved as submitted. Center-Point Energy: Approved as submitted. AT & T: No comment received. July 14, 2011 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: Z-8660 3 Central Arkansas Water: No objection. All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water if additional fire protection or metered water service is required or regarding the size and location of the water meter. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work will be done at the expense of the developer. Due to the nature of the 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 discus backflow prevention requirements for this project. Fire Department: Place fire hydrant per code. Maintain at least a 20-foot wide access. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: Approved as submitted. The site is not located on a dedicated CATA Bus Route. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Geyer Springs West Planning District. The Land Use Plan shows Residential Low Density for this property. The applicant has applied for a rezoning from R-2, Single-family to Planned Residential Development to allow the construction of a four-unit apartment on the site. Residential Low Density typically provides for single-family homes at densities not to exceed six units per acre. Master Street Plan: Legion Hut 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 July 14, 2011 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: Z-8660 4 the same as a Collector. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class III is shown along Legion Hut Road. A Class III bikeway is a signed route on a street shared with traffic. No additional paving or right-of- way is required. Class III bicycle route signage may be required. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. Verify site size for a full review. 3. Property to the north and south are zoned residential, therefore, the zoning ordinance requires a nine-foot (9’) wide land use buffers along both of the perimeters. Easements cannot count toward fulfilling this requirement. Seventy percent (70%) of these buffers are to remain undisturbed. Currently, the building footprint is shown at a mere ten foot (10’) from the property line. 4. The property to the west is zoned residential; therefore, a thirteen-foot (13’) wide land use buffer is required. Easements cannot count toward fulfilling this requirement. Seventy percent (70%) of these buffers are to remain undisturbed. 5. The zoning buffer requires an average thirteen-foot (13’) wide street buffer and in no case to be less than nine foot (9’) in width. Currently, this minimal amount is not being met; revise. 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 northern, southern, and western 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 the issuance of a building permit, it will be necessary to provide an approved landscape plan stamped with the seal of a Registered Landscape Architect. 9. The City Beautiful Commission recommends preserving as many existing trees as feasible on this tree-covered site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. July 14, 2011 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: Z-8660 5 G. SUBDIVISION COMMITTEE COMMENT: (May 12, 2011) Mr. James McDaniel was present representing the request. Staff presented an overview of the request stating there were additional items necessary to complete the review process. Staff requested details concerning the proposed construction materials, if there would be an on-site dumpster and if any signage was proposed. Staff also questioned any proposed fencing around the site’s perimeter. Staff stated the parking as proposed did not comply with City ordinance. Staff also questioned if the developer had considered constructing two (2) duplex units as opposed to a single building. Public Works comments were addressed. Staff stated a dedication of right of way 25-feet for centerline would be required. Staff also stated any broken curb and gutter or sidewalk that was damaged in the public right of way would require replacement prior to the issuance of a certificate of occupancy for the development. Landscaping comments were addressed. Staff stated with the development of the site a 9-foot land use buffer was required along the northern and southern perimeters of the site. Staff also stated a minimum of seventy percent of the buffer was to remain undisturbed. Staff stated screening would be required along the northern, southern and western perimeters of the site. Staff stated a street buffer of thirteen feet was required along Legion Hut Road. 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 staff’s concerns related to the proposed parking. The applicant has indicated a dumpster will not be located on the site. The applicant has also indicated no signage is proposed for the development. The applicant is proposing a rezoning of the site from R-2, Single-family to PD-R to allow the construction of a 4-plex apartment building. The building is proposed containing 2,800 square feet with eight (8) on-site parking spaces located adjacent to Legion Hut Road to serve the use. Based on the typical parking requirement for a multi-family development six (6) parking spaces would typically be required to serve the four (4) units. July 14, 2011 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: Z-8660 6 The applicant has indicated the buildings will be constructed of brick and vinyl. The roof will be a standard pitch roof with asphalt shingles. A six (6) foot wood fence will be installed along the perimeters abutting single-family zoned property to provide the required screening. The property is classified on the City’s Future Land Use Plan as Residential Low Density. Residential Low Density typically provides for single-family homes at densities not to exceed six (6) units per acre. The development as proposed is consistent with the density allowed by the Future Land Use Plan however staff has concerns with the design aspect of the development. In staff’s opinion the single building with the parking lot located in the front yard of the development is not compatible with the development pattern in the area. Although there is a mobile home park located across Legion Hut Road from this site for the most part the remainder of the area has developed with single-family homes with typical single-family drives and not large areas of paving in the front yard. I. STAFF RECOMMENDATION: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (JUNE 2, 2011) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated June 1, 2011, requesting a deferral of the item to the July 14, 2011, public hearing. Staff stated the applicant had indicated the deferral was necessary to allow the applicant time to work with staff on the design of the project and allow the applicant the opportunity to meet with the neighborhood association concerning the proposed development. Staff stated the deferral request would require a By-law waiver 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 9 ayes, 0 noes and 2 absent. The chair then entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. STAFF UPDATE: Staff has had no contact with the applicant. No revised plan has been submitted. Staff continues to recommend denial of the application. July 14, 2011 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: Z-8660 7 PLANNING COMMISSION ACTION: (JULY 14, 2011) The applicant was not present. There were no objectors present. Staff informed the Commission that the applicant had requested deferral of the item on July 11, 2011 to allow additional time to consider possible changes to the plan. There was no further discussion. A motion was made to waive the Commission’s bylaws to accept the late deferral request. The motion was seconded and approved by a vote of 10 ayes, 0 noes and 1 absent. The item was placed on the consent agenda and approved for deferral to the August 25, 2011 meeting by a vote 10 ayes, 0 noes and 1 absent. July 14, 2011 ITEM NO.: E FILE NO.: Z-5873-A NAME: Peacock Apartments Short-form PD-R LOCATION: Located at 103 South Park Street DEVELOPER: Peacock Apartments, LLC 117 Boone Street #3 Little Rock, AR 72205 SURVEYOR: Donald W Brooks Surveying, Inc. 20820 Arch Street Pike Hensley, AR 72065 AREA: 0.16 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: R-3, Single-family ALLOWED USES: Single-family residential PROPOSED ZONING: PD-R PROPOSED USE: Parking and dumpster placement to serve an adjacent apartment development VARIANCES/WAIVERS REQUESTED: None requested. The applicant submitted a request dated January 3, 2011, requesting a deferral of this item to the April 21, 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 3, 2011, requesting a deferral of this item to the April 21, 2011, public hearing. Staff stated they were supportive of the deferral request. July 14, 2011 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: Z-5873-A 2 There was no further discussion of the item. The Chair entertained a motion of approval of the item as presented by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. STAFF UPDATE: The applicant contacted staff on April 8, 2011, requesting deferral of this item to the July 14, 2011, Public Hearing to allow the applicant additional time to pursue an abandonment request of right of way adjacent to the site. PLANNING COMMISSION ACTION: (APRIL 21, 2011) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had contacted staff on April 8, 2011, requesting a deferral of the item to the July 14, 2011, Public Hearing. Staff stated the deferral request was necessary to allow the applicant additional time to pursue an abandonment request of right of way adjacent to the site. There was no further discussion of the item. The Chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. STAFF UPDATE: There has been no progress on this application. Staff recommends withdrawal of the application, without prejudice. PLANNING COMMISSION ACTION: (JULY 14, 2011) The applicant was not present. There were no objectors present. Staff presented the item and a recommendation of withdrawal as noted in the staff recommendation above. There was no further discussion. The item was placed on the consent agenda and approved for withdrawal by a vote of 10 ayes, 0 noes and 1 absent. July 14, 2011 ITEM NO.: 1 FILE NO.: Z-3371-GG NAME: Baptist School of Nursing Zoning Site Plan Review LOCATION: Located at 11900 Colonel Glenn Road DEVELOPER: Baptist Health 9601 Interstate 630 Little Rock, AR 72205 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 3.9 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: C-2, Shopping Center District PLANNING DISTRICT: 11 – I-430 CENSUS TRACT: 24.04 VARIANCES/WAIVERS REQUESTED: 1. A five year deferral of the required street improvements to South Bowman Road 2. A two year deferral of the required paving and landscaping for the new parking lot BACKGROUND: On December 4, 2003, the Little Rock Planning Commission approved a request for a zoning site plan review for this 3.637 acre C-2 zoned tract. The applicant had recently acquired the site with intention of expanding their parking lot to serve the school facility. The approval would allow 256 parking spaces which were connected to the existing campus by a driveway to the south, which aligned with a main campus driveway connecting to Colonel Glenn Road. The existing parking would be redesigned to add appropriate handicapped spaces since the topography of the new site could not provide the additional required handicapped spaces. The proposal also included a driveway location on Bowman Road. July 14, 2011 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: Z-3371-GG 2 A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: A zoning site plan review is requested to allow for the development of a 421-space parking lot on this vacant, C-3 zoned 3.6 acre tract. The parking lot is to serve the Baptist Nursing School located adjacent to the south. A portion of the existing school parking lot is proposed for rezoning to C-3 (June 30 Planning Commission agenda). That portion of the site contains 143 parking spaces. Access to the new parking lot will be through the existing school site. The applicant is requesting a deferral of the requirement to construct improvements to Bowman Road for a period of five (5) years or until adjacent development and a two (2) year deferral of the requirement to pave and landscape the new parking lot. B. EXISTING CONDITIONS: The site is vacant and tree covered. The area to the south is the campus of the Baptist School of Nursing. The area to the west is a large mobile home park and the area to the east is vacant. To the north is also predominately vacant land with a scattering of homes on acreage adjacent to Bowman Road. South of site, across Colonel Glenn Road is a newly developing commercial center with an automobile dealership, a movie theater and a fast food restaurant soon to be constructed. Southwest of the site, adjacent to Colonel Glenn Road is a POD zoned site which has developed as an office/showroom/warehouse development. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment 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 and the John Barrow Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Bowman Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. 2. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvements to Bowman Road including 5-foot sidewalks with the planned development. The new back of curb should be located 29.5 feet from centerline. July 14, 2011 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: Z-3371-GG 3 3. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). 4. 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. 5. A Sketch Grading and Drainage Plan will be required per Section 29-186 (e). 6. Stormwater detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. 7. If disturbed area is one (1) or more acres, obtain a NPDES stormwater permit from the Arkansas Department of Environmental Quality prior to the start of construction. 8. Streetlights are required by Section 31-403 of the Little Rock code. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting/certificate of occupancy. Contact Traffic Engineering 379-1813 (Steve Philpott) for more information. 9. Show pedestrian access through and from the new parking lot to the Baptist Health Building. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: 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 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 regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. Contact Central Arkansas Water regarding the size and location of the water meter. A Capital Investment Charge based on the size of July 14, 2011 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: Z-3371-GG 4 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 the 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 the installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by Central Arkansas Water. The test results must be sent to Central Arkansas Water’s Cross Connection Section within ten (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: Approved as submitted. County Planning: No comment. CATA: Approved as submitted. The site is not located on a dedicated CATA Bus Route. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. The zoning street buffer ordinance requires an average fifteen (15) foot street buffer along Bowman Road and along Colonel Glenn Plaza Drive and in no case to be less than nine (9) foot in width. It appears this curb line can be pulled back closer on the property without compromising vehicular circulation. 3. The zoning street buffer ordinance requires an average twenty (20) foot street buffer along Colonel Glenn Road and in no case to be less than nine (9) foot in width. This area appears to meet the minimal street buffer average. 4. The landscape ordinance requires a nine (9) foot perimeter landscape strip around the sites entirety. Currently, this site is deficient along the eastern July 14, 2011 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: Z-3371-GG 5 perimeter of the site. A variance from the City Beautiful Commission must be obtained prior to the issuance of a building permit. 5. It appears the dumpster is being proposed within the nine (9) foot wide perimeter landscape strip. The dumpster should sufficiently be located within the property allowing for a minimum of nine (9) foot clearance for the perimeter landscaping strip. 6. The landscape ordinance requires a minimum of eight percent (8%) of the paved areas be landscaped with interior islands of at least 7 ½ feet in width and 150 square feet in area. 7. It appears some of the parking spaces can be eliminated increasing the street buffer in two (2) locations. 8. An automatic irrigation system to water landscaped areas will be required. 9. Prior to the issuance of a building permit, it will be necessary to provide an approved landscape plan stamped with the seal of a Registered Landscape Architect. 10. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (June 23, 2011) The applicant was present. Staff presented the item and noted little additional information was needed. The applicant was asked to indicate on the school’s site plan how the portion of the site that is to be “cut out” would affect the existing parking lot and circulation. Staff stated they could not support a two-year deferral of the paving and landscaping of the new parking lot but they could support a one year deferral. Public Works and Landscape comments were discussed. Staff requested a sketch grading and drainage plan. The applicant was advised to show pedestrian access through and from the new parking lot to the building. It was noted that there appeared to be deficiencies in some of the proposed landscape areas. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. July 14, 2011 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: Z-3371-GG 6 H. ANALYSIS: The applicant submitted a revised site plan and responses to the issues raised at Subdivision Committee. A sketch grading and drainage plan was submitted. The plan shows a street buffer ranging in width from thirty-eight (38) feet to forty-six (46) feet. The perimeter landscape strips are shown at nine (9) feet and a plan note states all interior landscape islands must have a minimum of three-hundred (300) square feet. A five (5) foot wide sidewalk provides access through the new parking lot, to the school building. All site lighting will be low-level and directional, directed away from any residential properties. To staff’s knowledge, there are no outstanding issues. I. STAFF RECOMMENDATION: Staff recommends approval of the application subject to compliance with the comments and conditions outlined in Sections D, E and F of the agenda staff report. Staff recommends approval of the requested deferral of required street improvements to Bowman Road for a period of five (5) years or until adjacent development occurs, whichever occurs first. Staff recommends approval of a deferral of the paving and landscaping requirements for the new parking lot for a period of one (1) year. PLANNING COMMISSION ACTION: (JULY 14, 2011) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation” above. There was no further discussion. The item was placed on the consent agenda and approved by a vote of 10 ayes, 0 noes and 1 absent. July 14, 2011 ITEM NO.: 2 FILE NO.: Z-3371-HH NAME: Lot 1 the Village at Brodie Creek Short-form PCD LOCATION: Located on the Northwest corner of Colonel Glenn Road and Colonel Glenn Plaza Drive DEVELOPER: LLEJI, LLC P.O. Box 22407 Little Rock, AR 72221 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 1.94 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: C-2, Shopping Center District ALLOWED USES: Retail PROPOSED ZONING: PCD PROPOSED USE: C-2, Shopping Center District Uses – Add convenience store VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: On July 1, 2010, the Little Rock Planning Commission approved a Site Plan for this property located at the northwest corner of Colonel Glenn Road and Colonel Glenn Plaza Drive. The C-2, Shopping Center District zoned property and contained 1.6 acres. The request included a plat to allow the subdivision of the property to allow the development of the property with two (2) uses, both with drive-through service. Access was taken at the rear of the property off Colonel Glenn Plaza Drive. An additional right-in/right-out drive was located near the front of the property to aid in facilitation of the drive-through service and eliminate cars back tracking through the site in order to exit onto Colonel Glenn Plaza Drive and ultimately Colonel Glenn Road. No driveway was proposed off Colonel Glenn Road. The approval allowed a variance for July 14, 2011 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: Z-3371-HH 2 the two (2) lots from the zoning district to allow lots less than the five (5) acre minimum. The variance allowed each building to stand on it’s own lot which would facilitate financing and development of the property whether as a sale or ground lease. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: Mapco Express is proposing to build a 4,565 square foot convenience store with a detached, 6,000 square foot gas island canopy covering ten (10) fueling pumps on this site. Access is proposed from a right in/right out driveway on Colonel Glenn Road along with a full service driveway at the northwest corner of the property on Colonel Glenn Plaza Drive. An additional exit only driveway on Colonel Glenn Plaza Drive to allow traffic to exit directly from the front of the store and turn east on Colonel Glenn Road is proposed. B. EXISTING CONDITIONS: The site was cleared of trees a number of years ago. A portion of Brodie Creek Boulevard has been constructed but the street has not been inspected or accepted by the City as a public street. There are a number of non-residential uses in the area including an automobile dealership, a movie theater, a nursing school and a strip office/showroom/warehouse development. Further southwest of the site is a public school, Fair High School, located on David O Dodd Road. Northwest of the site are single-family homes located along South Bowman Road and West 36th Street. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area resident. All property owners located within 200-feet of the site, all residents, who could be identified, located within 300 feet of the site and the John Barrow Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Colonel Glenn Road is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to 55 feet from centerline will be required if not already dedicated. 2. Redesign driveway off Colonel Glenn Road as prepared by Public Works staff. 3. Show new sidewalk location. July 14, 2011 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: Z-3371-HH 3 4. Show on the plans truck turning movements using templates for access into, within, and out of the site. 5. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 6. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). 7. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. 8. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 9. Stormwater detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. 10. 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. 11. On site striping and signage plans should be forwarded to Public Works, Traffic Engineering for approval with the site development package. 12. Streetlights are required by Section 31-403 of the Little Rock code. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting/certificate of occupancy. Contact Traffic Engineering 379-1813 (Steve Philpott) for more information. 13. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. A driveway spacing variance must be requested. 14. Damage to public and private property due to hauling operations or operation of construction related equipment from a nearby construction site shall be repaired by the responsible party prior to issuance of a certificate of occupancy. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: No comment received. Center-Point Energy: No comment received. July 14, 2011 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: Z-3371-HH 4 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 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 regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. Contact Central Arkansas Water regarding the size and location of the water meter. A Capital Investment Charge based on the size of meter connection (s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. Due to the nature of the 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 the installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by Central Arkansas Water. The test results must be sent to Central Arkansas Water’s Cross Connection Section within ten (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 a 20-foot wide access. Install a Knox box and properly place the address on the building. The canopy height must meet code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: Approved as submitted. The site is not located on a dedicated CATA Bus Route. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the I-430 Planning District. The Land Use Plan shows Mixed Office Commercial for this property. This category provides for a mixture of office and commercial uses to occur. Acceptable uses are office or mixed office and commercial. A Planned Zoning District is required if the use is mixed office and commercial. The applicant has applied for a rezoning July 14, 2011 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: Z-3371-HH 5 from C-2, Shopping Center District to Planned Commercial Development to allow construction of a convenience store with gas pumps. Master Street Plan: Colonel Glenn 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 Colonel Glenn since it is a Principal Arterial. Colonel Glenn Plaza Drive is a Local Street. The primary function of a Local Street is to provide access to adjacent properties. Local Streets which are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. These streets have a design standard the same as a Collector. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class I bike route is proposed along the northern edge of this property. A Class I bikeway is built separate from or alongside a road. Additional paving and right of way may be required. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. The zoning street buffer ordinance requires an average eighteen (18) foot street buffer along Colonel Glenn and fourteen (14) along Colonel Glenn Plaza drive and in no case to be less than half. ). 3. Interior islands must be a minimum of three hundred (300) feet in area to receive credit toward fulfilling landscape ordinance requirements. A couple of the proposed areas do not appear to meet this minimum standard. 4. Fifty percent (50%) of the trees must be three (3”) inch minimum caliper at planting. 5. An automatic irrigation system to water landscaped areas will be required. 6. Prior to the issuance of a building permit, it will be necessary to provide an approved landscape plan stamped with the seal of a Registered Landscape Architect. 7. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. July 14, 2011 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: Z-3371-HH 6 G. SUBDIVISION COMMITTEE COMMENT: (June 23, 2011) The applicant was present. Staff presented the item and noted additional information was needed regarding signage, the patio area and the dumpster screening. Staff asked if Colonel Glenn Plaza Drive was a public street since that would determine signage would be permitted on that façade of the building. The applicant was asked to locate the air and water service on the site plan. Public Works and Landscape comments were discussed. The applicant was advised to redesign the driveway off of Colonel Glenn as previously prepared by staff. Staff stated they did support a driveway spacing variance. It was noted that the perimeter and interior landscape areas were deficient in a couple of areas. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan and responses to the issues raised at Subdivision Committee. The applicant states Colonel Glenn Plaza Drive is a public street which would allow signage on the east façade of the building. That will be confirmed by staff prior to the issuance of any sign permits. A single ground-mounted sign is proposed on the Col. Glenn frontage. The sign will conform to the maximum allowed in commercial zones, thirty-six (36) feet in height and one hundred-sixty (160) square feet in area. Wall signs will be placed on the south and east facades of the building and gas island canopy, facing street frontage. A small “Mapco” sign will be on each of the gas pumps. Any seating on the patio area will not exceed fifty (50) percent of the number of seats in the dining area inside the building (as allowed in commercial zones). No fencing is shown other than for the screening fence around the dumpster. The building height will not exceed forty-five (45) feet. Days and hours of operation are proposed as 5:00 a.m. – 1:00 a. m., seven (7) days a week. Driveway locations are shown as recommended by Public Works staff. Due to the additional driveways being designed as either right-in or right-out only, staff can support a driveway spacing variance. No landscape or street buffer variances are requested. The site contains 1.9 acres with a 4,565 square foot building and a detached, 6,000 square foot gas island canopy and 60 parking spaces, outside of those at the gas pumps. Building/canopy coverage is 13% and landscape area is 35%. To staff’s knowledge, there are no outstanding issues. July 14, 2011 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: Z-3371-HH 7 I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions outlined in sections D, E and F of the agenda staff report. Staff recommends approval of the requested driveway spacing variance. PLANNING COMMISSION ACTION: (JULY 14, 2011) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation” above. There was no further discussion. The item was placed on the consent agenda and approved by a vote of 10 ayes, 0 noes and 1 absent. July 14, 2011 ITEM NO.: 3 FILE NO.: Z-4411-L NAME: Pleasant Ridge Towne Center Revised Long-form PCD LOCATION: Located on the Southwest corner of Cantrell Road and Woodland Heights Road DEVELOPER: Lew Schickel 11601 Pleasant Ridge Road Little Rock, AR 72223 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 27.0 acres NUMBER OF LOTS: 3 FT. NEW STREET: 0 LF CURRENT ZONING: PCD ALLOWED USES: C-2, Shopping Center District PROPOSED ZONING: Revised PCD PROPOSED USE: Redesign the driveways and Cantrell Road, Open the “rear entrance” and add additional parking along the south side of Buildings 600 - 800 VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: On December 20, 1994, through Ordinance No. 16,808, the City Board of Directors approved a PCD that would allow the development of a mixed use “Neighborhood Commercial” shopping center and an accompanying office development. The site was a 12.83 acre-tract and of the area, 11.48 acres was proposed to be developed as the shopping center. The proposed structure was 97,680 square feet, and 463 parking spaces were indicated. A 1.35-acre tract was to have 10,000 square feet of office building space with an additional 50 parking spaces. The uses proposed for the shopping center were all by-right C-2 and C-3 zoning district, except that there were to be no service stations, auto glass or muffler shops, convenience stores, or car washes July 14, 2011 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-4411-L 2 within the scope of the PCD. The uses proposed for the office building were all uses by right in the O-2 and O-3 zoning district. On January 9, 1997, the Commission reviewed a request for a change in the right-of- way dedication and street improvement requirement to Fairview Road. The developer requested all right-of-way dedication and street improvements be taken from the property located to the east of Fairview Road. The Board of Directors adopted Ordinance No. 17,331 on December 3, 1996, which allowed a five-year deferral of street improvements (or until development of the Pleasant Ridge Square PCD) to Fairview Road. The Little Rock Planning Commission granted a three-year time extension for the proposed submission of the final development plan at their December 22, 1997, Public Hearing. The applicant submitted a Final Development Plan for the Pleasant Ridge Square Long-form PCD, which was approved on February 1, 2002. The Little Rock Board of Directors adopted Ordinance No. 19,233 on November 9, 2004, establishing a revision to the Pleasant Ridge Town Center PCD. The development was proposed as a 300,000 square foot retail center with restaurant space developed as a “Life-style Center”. The approval allowed the creation of three lots. That approval included the condition that “no rear entrance/access will be installed without Board of Directors action.” Ordinance No. 19,281 adopted by the Little Rock Board of Directors on February 15, 2005, revised the previously approved PCD to allow Coulson Oil to add an additional driveway to their site and adjust the southern property line. The site plan indicated the drive would be added to the southwestern corner of the property to adjoin to the proposed driveway for Pleasant Ridge Town Center. The applicant indicated with the adjustment, the existing Coulson PCD would function more appropriately with the approved Pleasant Ridge Town Center site plan. Coulson Oil also proposed the sale of a portion of their lot to the Pleasant Ridge Town Center along the southern perimeter. The sale of the property resulted in a rear yard buffer and landscape strip that was less than the typical minimum required per the Highway 10 Design Overlay District. The Board of Directors adopted Ordinance No. 19,633 on November 21, 2006, revising the previously approved PCD for the shopping center to allow the creation of two (2) additional lots for the Pleasant Ridge Town Center. The previous approval allowed for the creation of three (3) lots which had been final platted. The developer proposed the placement of the two (2) additional lots along Cantrell Road within the area identified as future restaurant sites. According to the applicant the restaurant out-parcels were needed to allow the transfer of property to prospective tenants. The approval brought the total available lots on the site to five (5). There were no other modifications proposed to the previous approval. July 14, 2011 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-4411-L 3 On December 7, 2006, the Little Rock Planning Commission denied a request to allow the western-most drive located along Cantrell Road to become a full service intersection. The denial of the request was appealed to the Board of Directors and was scheduled to be heard on February 20, 2006. The item was withdrawn from the Board of Directors agenda prior to action by the Board of Directors. Ordinance No. 19,730 adopted by the Little Rock Board of Directors on April 3, 2007, allowed a revision to the previously approved PCD to allow additional sign locations within the development. The approval allowed building signage located on the portion of the flat wall located on the northeast corner and northwest corner of the center shopping center building. No other modifications to the approved site plan were proposed with the revision to the PCD. On October 15, 2009, the Little Rock Planning Commission made a recommendation of approval of a request by Chick-fil-A to place signage along their western façade. On November 17, 2009, the Little Rock Board of Directors denied the request. Ordinance No. 20,240 adopted by the Little Rock Board of Directors on April 6, 2010, allowed a revision to the PCD to allow seasonal sales on the site. The approval allowed the placement of a temporary trailer for a shaved ice business to be placed on the site from April through September yearly. A subsequent revision to the previously approved PCD allowed the creation of an additional lease parcel to the site. The lease parcel/building footprint is located between the existing Chick-fil-A restaurant and the proposed Chipotles Mexican Grill. The building did not increase the square footage of the overall development beyond the approved 315,000 square feet. Also the original PCD approved 15,000 square feet in two buildings within the out-lot area. The total square footage for the three buildings will be less than the approved 15,000 square feet. The revised PCD indicated a maximum 6,000 square foot building with a drive-thru along the west side. The developer was approved the flexibility to vary the plan to eliminate the drive-thru and add parking and also reduce the building size to add parking or some combination thereof should the tenant space vary from the approved site plan. On June 2, 2011, the Little Rock Planning Commission withdrew a request to allow signage on the eastern façade of an out-parcel located along the eastern entrance drive to the Pleasant Ridge Town Center shopping center. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The developer is proposing to amend the previously approved PCD in four areas. The revisions consist of driveway realignment and openings in three areas and to July 14, 2011 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-4411-L 4 add additional parking in the southeastern portion of the site. The revisions are as follows: 1. Construct a new driveway opposite the main entrance adjacent to Chipolte’s Mexican Grill and the Shell Station. The new driveway will create a four (4) way intersection at the existing traffic signal. The existing driveway serving the Cantrell West office building just to the east of the new driveway location will be eliminated. The future driveway serving the proposed office building at the northwest corner of the proposed driveway will take access to Cantrell Road as indicated and eliminate a proposed driveway apron located further to the west to serve this office use. 2. Eliminate the existing median at the current driveway that aligns with Southridge Drive. This will create a full four (4) way intersection and eliminate the confusion for drivers at this entrance to the shopping center. It will decrease the traffic at the main entrance to the east and allow patrons from Walton Heights direct access between their neighborhood and the shopping center. 3. Open a new driveway at the rear of the shopping center that would align with Woodland Heights Road adjacent to the Easter Seals facility and Christ the King Church and School complex. This would allow cares access to and from the shopping center without looping the site on either Fairview Road or Woodland Heights Road to the east. 4. Add parking along the southeast property line behind current buildings 600, 700 and 800. This will create additional employee parking and free up parking at the front entrances of the stores for patrons. B. EXISTING CONDITIONS: The site is developed with a shopping center with two out-parcels located along Cantrell Road. The western most out-parcel is a Chick-fil-A restaurant and the eastern most out-parcel is currently under construction for a Chipotle’s Mexican Grill. Also located in the immediate area of this development are a number of restaurants, two convenience stores, banks and office buildings, a drycleaners, a liquor store and a City of Little Rock Fire station. North of the site, across Cantrell Road, is the Walton Heights Subdivision. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment 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 Pleasant Forest Property July 14, 2011 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-4411-L 5 Owners Association, the Pleasant Valley Property Owners Association and the Walton Height Property Owners Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Due to the lack of alignment of the Woodland Height Road/Fairview Road/Pleasant Ridge driveway intersection, a round-a-bout should be constructed at the Woodland Height Road/Fairview Road/Pleasant Ridge driveway. 2. Provide the expected number of left turn movements from the Pleasant Ridge development onto Cantrell Road during peak hour. 3. The entrance into the Pleasant Ridge development off Cantrell Road must be channelized to reduce the number of conflicts. 4. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. 5. Street Improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. 6. Coordinate design of traffic signal upgrade with proposed street improvements. Plans to be forwarded to Traffic Engineering for approval. 7. On site striping and signage plans should be forwarded to Public Works, Traffic Engineering for approval with the site development package. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas water. That work would be done at the expanse of the Developer. Contact central Arkansas Water if additional fire protection or metered water service is required or regarding the size and location of the water meter. Due to the nature of the facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is July 14, 2011 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-4411-L 6 required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water requires that upon the installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by Central Arkansas Water. The test results must be sent to Central Arkansas Water’s Cross Connection Section within ten (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 a 20-foot wide access. Install a Knox box and properly place the address on the building. 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 received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the River Mountain Planning District. The Land Use Plan shows Commercial and Mixed Use for this property. The commercial category includes a broad range of retail and wholesale sales of products, personal and professional services, and general business activities. Commercial activities vary in type and scale, depending on the trade area that they serve. The applicant has requested to revise the previously approved Planned Commercial Development to allow modifications to two driveway locations along Cantrell Road including eliminating the existing median of the drive aligning with Southridge Drive to allow the creation of a four-way intersection, to redesign the drive located adjacent to the Shell Station and to allow a “rear entrance” to be opened accessing Woodland Heights Road. 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. Woodland Heights 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. These streets may require July 14, 2011 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-4411-L 7 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 proposed new parking along the southeast corner of the site does not comply with the City’s Buffer and Landscape Ordinances. The plan show a perimeter landscape strip of only two (2) feet. The landscape ordinance requires a minimum landscape strip of nine (9) feet in this area. A variance from this standard will require approval by the City Beautiful Commission prior to the issuance of a building permit. 3. All existing vegetation, fencing, dumpster enclosures, and paving must be in good condition or replaced. 4. An automatic irrigation system to water landscaped areas will be required. 5. Prior to the issuance of a building permit, it will be necessary to provide an approved landscape plan stamped with the seal of a Registered Landscape Architect. G. SUBDIVISION COMMITTEE COMMENT: (June 23, 2011) The applicant was present. Staff presented the item and noted the site plan needed to be cleaned up to indicate the previously approved snow cone stand and to eliminate notes that are no longer relevant since the development has occurred. Staff requested more information on the proposed parking located on the southern perimeter of the site. Public Works and Landscape comments were discussed. Staff commented that a round-a-bout should be constructed at the Woodland Height Road/Fairview Road/Pleasant Ridge driveway due to the lack of alignment of the intersection. It was noted that the plan appeared to show grading for the southern parking lot occurring off site. It was noted that the landscaping appeared to be deficient on this area. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. July 14, 2011 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-4411-L 8 H. ANALYSIS: The applicant did submit a cleaned-up site plan. The outstanding issues still remain. The proposed new parking along the southeast perimeter is still in violation of the minimum standards of the Landscape Ordinance. Apparently, no change has been made to the Woodland Height Road/Fairview Road/Pleasant Ridge Driveway. The lack of alignment is still a concern. Staff is not supportive of the proposed changes to the driveways on the Cantrell Road frontage due to the negative impact those changes will have on the traffic on the congested arterial street. Staff is not supportive of the proposed rear entrance due two concerns. When the development was approved under Ordinance19,233, it was clear that rear access was a concern; so much so that the Ordinance included a provision that no rear access would be permitted without specific Board approval. Secondly, the lack of alignment in the intersection is of concern to the Traffic Engineer and Public Works. I. STAFF RECOMMENDATION: Staff recommends denial of the application. PLANNING COMMISSION ACTION: (JULY 14, 2011) The applicant was present. There were several persons present, both in support and in opposition. One letter of support and several letters of opposition had been received by staff and given to the commissioners. Commissioner Dillon recused on the item. Dana Carney, of the Planning Staff, presented the item and a recommendation of denial. City Traffic Engineer Bill Henry addressed the commission and discussed the history of traffic and driveway issues related to the site. He stated the site had been well-studied and there had been a lot of traffic analysis done on and around the site. He said changes had been made to the driveways in the past to increase traffic capacity on Highway 10. Mr. Henry stated the changes proposed by the applicant would significantly reduce the capacity of traffic on Highway 10 and would “lock-up” traffic on the street. He stated the City also did not support the proposed rear entrance. He said the design was dangerous as proposed and he saw no need for the driveway as the site had plenty of other access. Philip Kaplan, attorney representing the applicant, addressed the commission. He stated there had been much skepticism when the development was proposed in 2004 and that the skepticism has disappeared. He spoke of the positive qualities of the development and how much the site provided in the way sales and property taxes. He July 14, 2011 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-4411-L 9 stated it was the traffic engineers’ responsibility to work with developers and asked the commission to imagine if the City’s westward growth had not occurred. Mr. Kaplan said allowing the change to the Highway 10 driveway on the east would result in the elimination of two driveways on the north side of the street. He noted other four-way intersections providing access to a private site on Highway 10. He said the proposed changes to the western driveway would result in a safer condition since many people ignore the left turn prohibition at the driveway anyway. He said the driveway worked fine when it was a full-access driveway, before the City made the driveway be changed to a right-in/right-out only. Mr. Kaplan said the applicant had stated in 2004 that he would come back prior to opening the rear driveway; that he had not stated there would never be a rear driveway. He said messages texted in about the rear driveway ran 157-12 in support. Mr. Kaplan said the rear driveway would not create new traffic, that the traffic was already there. Mr. Kaplan recalled the opposition to the initial development and asked who would be opposed now. Keith Wingfield, of 6 Tory Court, spoke on behalf of Christ the King Church. He said the Church supported the rear driveway because they were interested in pursuing the abandonment of Woodland Heights, which bisects the Church’s ownership. He said as a residential home builder, he thought the shopping center was beneficial to the neighborhood. Tom Vaughan, of 11300 Cantrell Rd., indicated his support for the application. Linda Stauffer, of 13106 Pleasant Forest Drive, spoke in opposition. She said the Center had created traffic problems on Cantrell which, in turn, caused an increase in traffic on Pleasant Forest. She stated she was opposed to allowing the rear entrance. Ms. Stauffer said the neighborhood expected that the rear entrance would not be opened. She said the Center may have provided increased value to the City but she asked at what cost. Ruth Bell, of the League of Women Voters, spoke in opposition to each aspect of the applicant’s proposal. Craig Williams, of 11902 Pleasant Forest Dr., spoke in opposition. He recalled the 2004 process and said the developer had agreed at the time not to have a rear entrance to the Center. He said the neighbors had concerns about traffic at the time and to open the rear entrance would cause more traffic to come through the neighborhood. Mr. Williams said the Center had an occupancy rate of 90% so the lack of a rear entrance was apparently not a problem. He said Easter Seals was neutral on the subject, not coming out in support. He asked the commission to support staff and keep the rear entrance closed. Marlena Grunewald, of 11325 Rocky Valley Dr., noted her opposition and deferred to the Pleasant Valley POA representative. July 14, 2011 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-4411-L 10 Gina Bass, Director of the Pleasant Valley POA, spoke in opposition. She said most of her neighborhood’s concerns at the time the Center was originally approved were traffic-related. She questioned why the applicant was even coming back to the commission. She questioned the “texted” numbers quoted by the applicant. Ms. Bass stated a survey indicated 84% of the Pleasant Valley residents wanted the rear driveway kept closed. She asked the commission to support staff and keep the rear entrance closed. Brandon Mazander, of 12306 Pleasant Forest Dr., spoke in opposition. Ray Rodgers, of 12219 Pleasant Forest Dr., spoke of his concerns about traffic on his street. He said the developer had agreed in 2004 not to have the rear entrance. Mr. Rodgers said the Center had five (5) entrances. He asked the commission to “do the right thing” and reject the applicant’s proposal. Dale Emmerling, of 10701 Crestdale Ln., spoke of traffic problems in the area and voiced his opposition to opening the rear entrance. Gary Jefferson, of 10 Shawbridge, recalled the past opposition to the development by Pleasant Valley residents. He said the developer had agreed to not have the rear entrance. He said he was opposed to opening that entrance. Jeff Yates, of 66 El Dorado Dr., complemented the Center but stated he too had concerns about traffic and opening the rear driveway. He said compounding the problem wouldn’t make it right. He said traffic in the overall area was a problem and would continue to get worse. He said a comprehensive State and City response was needed to address the larger issue of traffic problems in the area. He asked the commission to deny the application. Jim Beechboard, of 3224 Shenandoah Valley, stated he too remembered the 2004 discussions and he respectfully disagreed with Mr. Kaplan’s memory of events. He said there was an expectation that the rear driveway would not be opened. Mr. Kaplan reiterated that the applicant had never committed to never having the rear driveway. He said the applicant could not fix traffic problems in the overall area. He said making the proposed changes in the driveways onto Cantrell Rd. would help traffic on that street. He asked the commission to approve the application. In response to a question from Commissioner Brock, Traffic Engineer Bill Henry stated the traffic count on Pleasant Forest Drive was 6,000 vehicles per day. He said the City had tried to slow traffic on the street. Mr. Henry said the count on Cantrell Road was in the range of 40,000-50,000 vehicles per day, which was 25% over the road’s capacity. July 14, 2011 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-4411-L 11 Commissioner Nunnley asked Mr. Henry about Mr. Kaplan’s comments about the western driveway onto Cantrell. Mr. Henry said AHTD had erected signage telling motorists not to make a left turn but some people just don’t obey the law. Commissioner Nunnley asked if the problem was more prevalent due to a design flaw. Mr. Henry responded that the problem wasn’t as prevalent as Mr. Kaplan made it out to be. Commissioner Rector asked if it wouldn’t help to have two opportunities to make a left turn in to the site. Mr. Henry responded that making the entrances full service would result in having to give extra time at the driveways to allow vehicles to enter and exit the site, thus slowing traffic on Cantrell. In response to a question from Commissioner Laha, Mr. Henry said the State (AHTD) regulated traffic from a private drive onto a state highway (Highway 10). In response to a question from Commissioner Nunnley, Mr. Henry reiterated his contention that allowing the two full service drives, as proposed by the applicant, would result in backing up traffic on Cantrell Road, both east and west bound. He said the proposal would result in a serious congestion issue. Chairman Ferstl asked if staff would support one or the other driveway changes on the Cantrell Road driveways, as opposed to both as requested by the applicant. Mr. Henry responded that staff could not support either change as they would each affect traffic on Cantrell and reduce the traffic capacity of the street. Commissioner Changose asked Mr. Henry if it was his opinion that both driveway changes proposed by the applicant for the Cantrell Road driveways would slow traffic on Highway 10. Mr. Henry responded yes. Commissioner Nunnley asked Mr. Kaplan, if the concession was made in the original application to not have the rear driveway, why was it being reconsidered now. Mr. Kaplan responded that concessions are made politically, if it appears it will take a concession to get approval, as long as the concession is made with the proviso that it may be reconsidered in the future. He said the concession was necessary at the time, but it was not intended to be in perpetuity. Commissioner Nunnley asked Mr. Kaplan why he should vote for the changes. Mr. Kaplan responded because they make sense. Commissioner Nunnley said his concern was the integrity of the neighborhood. He asked Mr. Kaplan if there was one of the proposed changes he could chose to ask for over the others. Mr. Kaplan responded that he could not. Mr. Kaplan stated the traffic engineer employed by the applicant disagreed with the City’s traffic engineer’s assessment of the issue. July 14, 2011 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-4411-L 12 Commissioner Rector told Mr. Kaplan that the applicant had made a compromise to gain the original approval and a deal is a deal. He said the other side doesn’t agree to any change. A motion was made to approve the application, including all staff comments and conditions except that of denial. The vote was 0 ayes, 9 noes, 1 recusing (Dillon) and 1 absent. The motion failed. July 14, 2011 ITEM NO.: 4 FILE NO.: Z-5756-D NAME: Bowman Heights Center Revised Short-form PCD LOCATION: Located at 301 and 303 South Bowman Road DEVELOPER: Rees Development, Inc. 11719 Hinson Road, Suite 130 Little Rock, AR 72212 SURVEYOR: Butler Survey Group P.O. Box 13087 Maumelle, AR 72113 AREA: 2.33 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: PCD ALLOWED USES: C-1, Neighborhood Commercial and a Video Store PROPOSED ZONING: Revised PCD PROPOSED USE: C-1, Neighborhood Commercial District Uses and a video store, with the addition of audio and video equipment installation including car audio sales and installation; studio, music, dance and ceramics; auto parts and accessories; health studio or spa and office equipment sales and service. VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: The site was zoned PCD by Ordinance No. 16,573 passed by the Board of Directors on January 18, 1994. This followed the Planning Commission’s recommendation of approval on November 16, 1993. The uses for the site were limited to those contained in the schedule of permitted uses in the C-1, Neighborhood Commercial District, plus an additional use, a video rental store. Additional conditions were: 1) Dumpster pickup was to be limited to 7:00 a.m. to 6:00 p. m.: 2) no doors or windows were to be allowed to the rear or east side of the building (except emergency doors required by the Fire Marshall; 3) a six foot tall screening fence was to be erected along the top of the July 14, 2011 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-5756-D 2 retaining wall off the rear property line; and 4) evergreen plantings, which, when mature, would grow to a minimum of fifteen feet in height, were to be planted in the twenty foot wide buffer strip along the rear or east. Plantings were to be planted to overlap to provide a solid screening of the site from the east. Two subsequent proposals to modify the PCD were withdrawn by the applicant. On July 20, 2004, Ordinance No. 19,138 was passed which allowed a small area of outdoor display of playground equipment in conjunction with one of the businesses on the site. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is requesting a revision to the PCD zoning to allow the addition of audio and video equipment installation including car audio sales and installation; studio, music, dance and ceramics; auto parts and accessories; health studio or spa and office equipment sales and service. The proposed auto audio installation is to occur in the south end of the southern building where a garage door has been installed. No other changes are proposed to the development. B. EXISTING CONDITIONS: The site is occupied by two commercial buildings; 18,000 square feet and 15,000 square feet, and 111 paved parking spaces. Two ground-mounted signs are located on the Bowman Road frontage. Additional commercial properties are located to the north, south and west, across Bowman. A single-family residential neighborhood is adjacent to the east. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment 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 and the Birchwood Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Show centerline of right-of-way of Bowman Road to determine if right-of-way is required to be dedicated. 2. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. July 14, 2011 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-5756-D 3 E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact central Arkansas Water if additional fire protection or metered water service is required or regarding the size and location of the water meter. Due to the nature of the 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 the installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by Central Arkansas Water. The test results must be sent to Central Arkansas Water’s Cross Connection Section within ten (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: Approved as submitted. County Planning: No comment. CATA: Approved as submitted. The site is not located on a dedicated CATA Bus Route. The site is near CATA Bus Route # 5 – the West Markham Route. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the I-430 Planning District. The Land Use Plan shows Mixed Office Commercial for this property. Mixed Office Commercial provides for a mixture of office and commercial uses to occur. A Planned Zoning District is required unless the development is wholly office use. The applicant has requested to allow a revision to the previously approved Planned Commercial Development to add C-3, General Commercial District uses, with the exception of a bar, as allowable uses within the existing shopping center development. July 14, 2011 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-5756-D 4 Master Street Plan: South Bowman Road is a Minor Arterial. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Bowman Road since it is a Minor Arterial. 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. All existing vegetation, fencing, dumpster enclosures, and paving must be in good condition or replaced. 3. An automatic irrigation system to water landscaped areas will be required. 4. Prior to the issuance of a building permit, it will be necessary to provide an approved landscape plan stamped with the seal of a Registered Landscape Architect. G. SUBDIVISION COMMITTEE COMMENT: (June 23, 2011) The applicant was present. Staff presented the item and noted little additional information was needed. The applicant was advised to indicate the existing street center-line, signage and fencing on the plan. The application had been filed for C-3 uses. Staff questioned the requested C-3 when it would not accommodate the auto audio installation. It was suggested to leave the allowable uses as C-1 with the other specific uses to be added. 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 showing the signs and screening fence. The application was amended to retain C-1 uses and the previously approved video store and to add audio and video equipment installation, including car audio sales and installation; studio, music, dance and ceramics; auto parts and accessories; health studio or spa and office equipment sales and July 14, 2011 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-5756-D 5 service. The “studio, music, dance and ceramics” is already permitted since it is a C-1 use. The other uses range from C-2 to C-4 uses. This site abuts a single-family residential neighborhood. The proposed use with the greatest potential to impact the neighborhood is the auto audio installation business. That business is located at the southeast corner of the site, directly adjacent to the neighborhood. This development was approved with C-1 neighborhood commercial uses and a list of additional conditions to help mitigate any impact on the neighbors. Staff does not believe the addition of C-2, C-3 and C-4 uses is appropriate. The residential neighborhood is still in place and consideration should still be given to assuring that this development remains compatible with the neighboring properties. I. STAFF RECOMMENDATION: Staff recommends denial of the application. PLANNING COMMISSION ACTION: (JULY 14, 2011) The applicant was present. Staff presented the item and noted the applicant had amended the application to add only the auto audio installation service, utilizing a bay in the south end of the southern building. No other changes to the existing planned development were requested. Staff read the following conditions, which were proposed by the applicant in conjunction with the proposed auto audio installation use: 1. The garage door shall be kept closed at all times other than when a vehicle is entering or exiting the building. 2. Signs will be posted on the interior of the shop and on the outside, on the brick exterior wall, informing customers that playing their stereo equipment is the parking lot is strictly prohibited. 3. Hours of operation for the business are limited to 9:00 a.m. to 6:00 p.m., Monday through Saturday. 4. Customers of the business will be told not to play their car stereos loudly in the Bowman Heights parking areas or drives and they are to be played only with the vehicle windows rolled up. The applicant, John Rees, stated the tenant would be mindful and considerate to his neighbors and would promptly respond to any problem or complaint. Commissioner Rector chastised Mr. Rees putting the use in and then coming to the Commission for forgiveness. He stated this was not the first time Mr. Rees had done so. July 14, 2011 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-5756-D 6 Mr. Rees stated he was not aware the use was not permitted under the site’s current zoning. A motion was made to approve the application, as amended, including staff comments and conditions. The vote was 6 ayes, 3 noes, 1 abstaining (Rector) and 1 absent. Commissioner Changose asked Mr. Rees to reiterate his promises to control sound on the site. Mr. Rees did so. Commissioner Changose then stated he wished to change his vote. A motion was made to expunge the previous vote. That motion was approved by a vote of 10 ayes, 0 noes and 1 absent. A motion was made to approve the application, as amended, including staff comments and conditions. That vote was 9 ayes, 1 no and 1 absent. July 14, 2011 ITEM NO.: 5 FILE NO.: Z-5805-B NAME: 11820 Chicot Road Short-form PCD LOCATION: Located at 11820 Chicot Road DEVELOPER: Jagden Singh 11820 Chicot Road Mabelvale, AR 72103 SURVEYOR: Brooks Surveying, Inc. 20820 Arch Street Pike Hensley, AR 72065 AREA: 4.25 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family with a CUP ALLOWED USES: Single-family residential and Daycare PROPOSED ZONING: PCD PROPOSED USE: Convenience store and Auto body repair VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: On February 19, 2009, the Commission approved a Conditional Use Permit to allow the use of the existing building on this site for a day care center and an electrical apprenticeship program class. The day care was to have an enrollment of twenty (20) children with five (5) employees. The day care was to operate Monday-Friday, 6:30 a.m. – 5:30 p.m. The electrical apprenticeship program was to operate Monday-Friday, 6:30 p.m. – 9:30 p.m. with eight (8) students and one (1) instructor. The existing paved parking area was to be used. A small playground area was to be located behind (west) the building. The west half of the overall site was not proposed to be used. July 14, 2011 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-5805-B 2 A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The property at 11820 Chicot Road is currently zoned R-2, Single-family. The buyer of the property has specific commercial plans for the existing building and acreage. These plan are to divide the existing building into two (2) separate businesses under the same ownership. The proposed businesses are a convenience store and auto body repair shop. The convenience store is proposed for the front portion of the building. The convenience store is proposed to contain approximately 2,000 square feet. The store is proposed for the sale of grocery items, hot food, soft drinks, snacks, tobacco products, beer and other typical convenience items. Parking is available on the existing asphalt. No gas pumps are proposed. Building signage will be posted on the front façade of the building abutting Chicot Road. A single ground sign is proposed to serve the convenience store and the auto body repair shop. The auto body repair shop will contain approximately 2, 000 square feet and will be located within the rear portion of the building. The business will include auto body repair, auto paint, auto upholstery and auto collision repair. The parking for the auto body repair will be customer parking only. There will be no storage of vehicles in the front of the property. The owner is proposing the placement of a privacy fence along the rear of the building to screen areas proposed for storage of inoperable vehicles and vehicles awaiting repair. The vehicle storage area extends approximately 180 feet behind the building. An existing fence separates the west 380 feet from the rest of the property. The west 380 feet of the property is not proposed for use under this application B. EXISTING CONDITIONS: The site contains 4.25 acres, the majority of which is undeveloped. A 4,000 square foot building and a paved parking lot are located in the eastern portion of the site, nearest Chicot Road. Access to the site is via a single driveway off of Chicot Road, which is shared with the .3 acre tract adjacent to the north. A 30- foot access easement is located along the south perimeter of that . 3-acre tract to provide access to the subject property. An area approximately 180 feet deep behind the building is cleared. The west 380 feet of the site is undeveloped and a fence separates that portion of the site from the developed eastern portion. A business occupied the property when this area was annexed into the City. The site has lost any nonconformity since it has been vacant for several years. July 14, 2011 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-5805-B 3 The predominate land use in the area is residential. Uses include single-family residences and manufactured homes. There are a few non-residential uses, including the inoperable car wash adjacent to the north and a couple of small, Commercial zoned tracts to the south. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents. All property owners located within 200-feet of the site, all residents, who could be identified, located within 300 feet of the site, the Legion Hut Neighborhood Association, the West Baseline Neighborhood Association and Southwest Little Rock United for Progress were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Chicot Road is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to 55 feet from centerline will be required. 2. Provide design of street conforming to the Master Street Plan. Construct one-half street improvements to the streets including 5-foot sidewalks. In the future if the existing structures or the site is expanded, one-half street improvements will be required to be installed per the Master Street Plan requirements. 3. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The lots must have a single driveway access on the property line. The width of driveway must not exceed 36 feet. In the future if the existing structures or the site is expanded, the two (2) driveways accessing this property will be required to be combined into one (1) driveway. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact central Arkansas July 14, 2011 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-5805-B 4 Water if additional fire protection or metered water service is required or regarding the size and location of the water meter. Due to the nature of the 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 the installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by Central Arkansas Water. The test results must be sent to Central Arkansas Water’s Cross Connection Section within ten (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 a 20-foot wide access. Install a Knox box and properly place the address on the building. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: Approved as submitted. The site is not located on a dedicated CATA Bus Route. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Geyer Springs West Planning District. The Land Use Plan shows Residential Low Density for this property. Residential Low Density is for single family homes at densities no greater than six (6) dwelling units per acre. The applicant has requested to allow a rezoning of this site from R-2, Single-family to Planned Commercial Development to allow the use of the existing structure as a convenience store and as an auto body repair shop 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. The street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class III is shown along Chicot Road. A Class III bikeway is a signed route on a street shared with traffic. No additional paving or right-of-way is required. Class III bicycle route signage may be required. July 14, 2011 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-5805-B 5 Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. The zoning buffer ordinance requires a sixteen (16) foot wide land use buffer along the northern and southern perimeters of this site next to the residentially zoned property. Seventy percent (70%) of this area is to remain undisturbed. If insufficient vegetation exists in this area then additional landscaping will be required to provide screening. Easements cannot count toward fulfilling this requirement. 3. The zoning buffer ordinance requires a forty-five (45) foot wide land use buffer along the western perimeter of the site next to the residentially zoned property. Seventy percent (70%) of this area is to remain undisturbed. If insufficient vegetation exists in this area then additional landscaping will be required to provide screening. Easements cannot count toward fulfilling this requirement. 4. The zoning street buffer ordinance requires an average forty-five (45) foot street buffer along Chicot Road and in no case to be less than twenty-two (32) foot in width in any area. 5. 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 northern, and western perimeters of the site. Credit towards fulfilling this requirement can be given for existing trees and undergrowth that satisfies this year-around requirement. 6. Any new parking areas must comply with the City’s landscape and buffer ordinance requirements. 7. An automatic irrigation system to water landscaped areas will be required. 8. Prior to the issuance of a building permit, it will be necessary to provide an approved landscape plan stamped with the seal of a Registered Landscape Architect. 9. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (June 23, 2011) The applicant’s representatives were present. Staff presented the item and noted additional information was needed regarding signage, the dumpster location, vehicle storage and any areas of tire and auto parts storage. July 14, 2011 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-5805-B 6 Public Works and Landscape comments were discussed. The applicants were informed that any required right-of-way would have to be dedicated through this process but street improvements would not be required unless there was redevelopment of the site. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicants did submit responses to issues raised at Subdivision Committee. Signage is proposed as a single ground-mounted sign on the Chicot Road frontage, which will be shared by both businesses. The sign is to have a height of fifteen (15) feet and an area of sixty-four (64) square feet. Wall signage would be permitted on the east façade of the building, facing Chicot Road. There is paved parking for approximately 16 vehicles on the existing parking lot on the north side of the building. An additional ten (10) spaces can be created on the paved area in front of the west half of the building, where the auto body shop is proposed. The 2,000 square foot convenience store requires ten (10) spaces; 4 plus 1/300 square feet. The auto body shop requires thirteen (13) spaces; 5 plus 1/225 square feet. Existing right-of-way is forty (40) feet from centerline. An additional fifteen (15) feet is required to meet Master Street Plan standards. The dumpster location has been indicated as north of the body shop parking, behind the car wash. A wood privacy fence is indicated behind the building, screening the vehicle storage lot, where up to one hundred (100) vehicles will be kept. Those vehicles will be in various states of disrepair. No outside tire storage is proposed. There will be some storage of metal (auto parts?). Landscaping/screening will be installed along the north side of the site where it is adjacent to the residential properties. Days and hours of operation for the proposed businesses have not been provided. There is no bill of assurance for this acreage tract. Staff is not supportive of the proposed rezoning. Staff supported the previous application for a small day care center and electrical apprenticeship classes. The site is located on an arterial street but is in an area that is predominately residential in character. The previously proposed uses are compatible with the area. Staff does not believe the proposed convenience store and auto body shop, with unpaved, outdoor storage of auto parts and up to 100 inoperable vehicles, is an appropriate use. There is potential negative impact on the nearby July 14, 2011 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-5805-B 7 residences from the convenience store. There clearly is negative impact from the auto body shop, which is a C-4 use. The substandard storage lot of inoperable vehicles is at best an industrial use. I. STAFF RECOMMENDATION: Staff recommends denial of the application. PLANNING COMMISSION ACTION: (JULY 14, 2011) The applicant was present. There were several objectors present. Staff informed the Commission that, on July 13, 2011, the applicant had requested deferral of the item to allow additional time to consider possible changes to the plan and to meet with the neighbors. There was no further discussion. A motion was made to waive the Commission’s bylaws to accept the late deferral request. The motion was seconded and approved by a vote of 10 ayes, 0 noes and 1 absent. The item was placed on the consent agenda and approved for deferral to the August 25, 2011 meeting by a vote of 10 ayes, 0 noes and 1 absent. July 14, 2011 ITEM NO.: 6 FILE NO.: Z-6274-C NAME: Rodney’s Cycle House Short-form PCD LOCATION: Located at 9110 I-30 DEVELOPER: Rodney’s Cycle House 8120 Doyle Springs Road Little Rock, AR 72209 SURVEYOR: Arkansas Surveying and Consulting 1926 Salem Road Benton, AR 72019 AREA: 3.5 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: PD-C ALLOWED USES: Church PROPOSED ZONING: PD-C PROPOSED USE: Motorcycle and trailers Sales and Display, restaurant with bar, motorcycle auctions, rental of motorcycle storage space (similar to mini-warehouse but for motorcycle), security living space, barber shop and Special events (charity and others) outside. VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: The site was originally developed and operated as a lumber yard/home center. On March 17, 2005, The Little Rock Planning Commission approved a Conditional Use Permit to allow Jose’s Nite Club Latino, Inc. to utilize the site as a special event center/private club. The Little Rock Board of Directors adopted Resolution No. 11,993 on May 3, 2005, resending the Planning Commission’s approval. July 14, 2011 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-6274-C 2 The site was subsequently rezoned from C-4 to PD-C for Grace Connections, A New Testament Church to locate on this site utilizing the existing buildings and parking. There was to be no daycare use or school on the site. The Church was planning on offering a “Mothers’ Day Out” program five days per week. The site contains a parking area in the front of the building and an asphalt-paved surface along the side and rear of the building. Utilizing the parking lot in the front of the site and striping the paved areas around the building will result in 211 parking spaces. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is requesting approval of a PCD to allow for the use of this existing, developed site for motorcycle sales and service, trailer sales, restaurant with bar, motorcycle auctions, rental of motorcycle storage space, an apartment for security living space, barber shop and special events(charity and other) outside. B. EXISTING CONDITIONS: The property fronts the I-30 Frontage Road and is located in an area of mixed uses and zoning. Located to the west are an undeveloped, wooded tract, a vacant commercial building, a mini-warehouse complex and an apartment development. Adjacent to the north is an apartment development. A Shriner’s Temple is adjacent to the east. Other uses in the area include a single-family subdivision further to the north and commercial businesses fronting University Avenue to the northeast. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment 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 South Brookwood/Ponderosa Neighborhood Association and Southwest Little Rock United for Progress were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. For any improvements adjacent to the I-30 access road, obtain permits for improvements within State Highway right-of-way from AHTD, District VI. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. July 14, 2011 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-6274-C 3 Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. The Little Rock Fire Department needs to evaluate this site to determine whether additional public 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 regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. Contact Central Arkansas Water regarding the size and location of the water meter. A Capital Investment Charge based on the size of meter connection (s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. Due to the nature of the 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 the installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by Central Arkansas Water. The test results must be sent to Central Arkansas Water’s Cross Connection Section within ten (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 a 20-foot wide access. Install a Knox box and properly place the address on the building. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: Approved as submitted. The site is not located on a dedicated CATA Bus Route. Parks and Recreation: No comment received. July 14, 2011 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-6274-C 4 F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Geyer Springs West Planning District. The Land Use Plan shows Commercial for this property. The commercial category includes a broad range of retail and wholesale sales of products, personal and professional services, and general business activities. Commercial activities vary in type and scale, depending on the trade area that they serve. The applicant has requested to rezone the site from Planned Commercial Development for a church to Planned Commercial Development to allow the use of the property for motorcycle sales and display and allow events associated with the motorcycle business to take place outside the building Master Street Plan: Interstate 30 is a freeway and is regulated by the State of Arkansas. 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. If the rehabilitation costs exceeds fifty percent (50%) of the buildings replacement cost then the associated parking must also be brought into compliance with the City’s landscape and buffer ordinance requirements and the following will apply: a. The zoning buffer ordinance requires a twenty-nine foot (29) land use buffer along the northern perimeter of the site next to the residentially zoned property. Seventy percent (70%) of this area must remain undisturbed. Easements cannot count toward fulfilling this requirement. Asphalt and/or concrete may have to be removed in conjunction with this application to allow re-established the land use buffer within this area if the land use buffer does not currently exist. b. The zoning buffer ordinance requires an average twenty-nine foot (29) wide street buffer along Interstate-30. This will require the removal of parking along Interstate-30. c. The landscape ordinance requires a thirty-foot (30) wide landscape strip along Interstate-30. Any variances must be approved by the City Beautiful Commission prior to the issuance of a building permit. d. The landscape ordinance requires a nine (9) foot perimeter landscape strip around the sites entirety. Currently, this site is deficient along all four perimeters of the site. A variance from the City Beautiful July 14, 2011 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-6274-C 5 Commission must be obtained prior to the issuance of a building permit. e. The Landscape Ordinance requires a minimum of eight percent (8%) of the paved areas be landscaped with interior islands of at least 7 ½ feet in width and 150 square feet in area. f. A small amount of building landscaping will be required. g. 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 northern perimeter of the site. Credit towards fulfilling this requirement can be given for existing trees and undergrowth that satisfies this year-around requirement. h. An automatic irrigation system to water landscaped areas will be required. i. Prior to the issuance of a building permit, it will be necessary to provide an approved landscape plan stamped with the seal of a Registered Landscape Architect. G. SUBDIVISION COMMITTEE COMMENT: (June 23, 2011) The applicant was present. Staff presented the item and noted additional information was needed on the uses proposed for the site; including days and hours of operation. The applicant was advised to indicate fencing, signage, dumpster locations and display areas on the plan. Staff requested more information on proposed auctions, leasing of space to a complementary business and events to be held in the parking lot. Public Works and Landscape comments were discussed. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted responses to issues raised at Subdivision Committee. Days of operation are proposed as seven days a week. The restaurant will operate from 9:00 a.m. – midnight. The other businesses will operate within the hours of 8:00 a.m. – 10:00 p.m. Any events will be between the hours of 8:00 a.m. – 10:00 p m. The dumpster has been indicated on the plan to be located between the two buildings. Screening will be installed and dumpster service will be limited to daytime hours. Signage will consist of use of the existing July 14, 2011 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-6274-C 6 single, ground-mounted sign on the street frontage and wall signage on the south wall of the front building (facing the Interstate). Trailer (and motorcycle?) display will be on the parking lot utilizing spaces at the front of the site for visibility from the street. A small component of the business will involve manufacturing of specialty motorcycle parts and accessories. Motorcycle auctions will occur on the lot on Saturdays. Motorcycles awaiting auction will be kept in the building. The number of motorcycles to be auctioned will vary from week to week. A small portion of the back building may be leased for a barbershop. Future plans include the construction of a building near the rear of the site. This building will be similar to a mini-warehouse building in that it will provide leaseable storage space for individuals needing a space to store their motorcycle. This building will have openings only into the site and the building itself will actually provide additional screening of the site from the properties to the north. An existing, 6-foot tall wood privacy fence is located along the north perimeter of the site. A 6-foot tall chainlink fence with barbed wire will be placed on the other perimeters. The applicant proposes to gate the site. The gate will be open during business hours and locked after closing. The applicant does propose to host events outside on the property. There are two large covered pole barn structures, which will be used in conjunction with the events. Events proposed include charity events such as Toys for Tots, MS fundraisers, Alzheimer society fundraisers and motorcycle and antique vehicle shows. Beer sales would be available at the event organizer’s request. A beer permit will be applied for through the restaurant. To staff’s knowledge, there are no outstanding issues. This site was developed as and occupied by a lumber yard/home center, a C-4 use. The uses proposed by the applicant are C-3 and C-4 type uses. Hours of activity for the outside uses do not extend past 10:00 p.m. The applicant has been working with representatives of the various neighborhoods in the area and, to staff’s knowledge, all are supportive of the applicant’s request. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions outlined in sections D, E and F of the agenda staff report. July 14, 2011 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-6274-C 7 PLANNING COMMISSION ACTION: (JULY 14, 2011) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation” above. There was no further discussion. The item was placed on the consent agenda and approved by a vote of 10 ayes, 0 noes and 1 absent. July 14, 2011 ITEM NO.: 7 FILE NO.: Z-7919-C NAME: Rock City Marina and Yacht Club Revised Long-form PCD LOCATION: Located North of 3rd Street and East of Bond Street DEVELOPER: JAPB, LLC John Burkhalter Managing Member 26 Collins Industrial North Little Rock, AR 72113 ENGINEER: The Holloway Firm 200 Cassey Drive Maumelle, AR 72113 AREA: 16.13 acres NUMBER OF LOTS: 3 FT. NEW STREET: 490 LF CURRENT ZONING: PCD ALLOWED USES: Mixed Use Development - Marina- Condominium PROPOSED ZONING: Revised PCD PROPOSED USE: Mixed Use Development - Marina- Multi-family – City Park VARIANCES/WAIVERS REQUESTED: A waiver of the required stormwater detention ordinance requirements. BACKGROUND: Ordinance No. 19,425 adopted by the Little Rock Board of Directors on November 1, 2005, rezoned the site from R-4, Two-family District to PCD. The applicant proposed to construct a mixed used development containing apartments, commercial, a marina and a public boat launch ramp. The apartments would occupy 4.5 acres; the restaurant, public launch ramp, and marina, 5.0 acres; the retail facility 1.5 acres; and the surface parking areas would occupy 1.67 acres. The approved site plan included 206-covered slips for both public and private access for dockage, storage and launching. The applicant indicated amenities including a ship’s July 14, 2011 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-7919-C 2 store, fueling facility, pubic launch ramp and boardwalk. There were uncovered slips and transient moorage that would support 336 boats. Ordinance No. 19,876 adopted by the Little Rock Board of Directors on December 4, 2007, allowed a revision to the originally established PCD. The project consisted of a condominium/marina project developed in four phases. The initial phase was to begin in 2008 with completion of the project in 2014. The Master Plan for the site indicated two developments planned for the site. The condominium development and the marina, each stand independently. The condominium development consisted of 268 residential units, 250 residential storage units and 700 parking spaces. The marina development consisted of 13 docks which contain 450 watercraft slips. The area of development is located north of the floodway line to the edge of the southern navigation channel line in the Arkansas River. Two (2) boat basins were to be built for the marina development. Boat basin Numbers 1 and 2 would have a manmade floating wave break protecting the harbor from wave entry and river debris. The marina development was to be a full service facility that included: marine fuel, transient boat dockage, a neighborhood market complete with grocery, tackle, bait, hardware, laundry and shower facilities, full service restaurant, fishing pier and public walking promenades. The approval allowed for the developer to develop the City owned property adjacent to the west which included a public boat launch ramp, park and playground area and the river trail system with both bike and pedestrian access. On September 23, 2010, the Little Rock Planning Commission approved a two (2) year time extension for submission of the final development plan. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is now proposing to amend the previously approved PCD to allow modifications to building placement and parking within the development. There are four (4) components of the development; the marina, restaurant, City Park and apartment/clubhouse/pool complex. The apartment development contains 193 units and a clubhouse/pool. The development lies south of the floodway line on the property where the existing elevation is approximately 252.0 feet. The clubhouse/pool/office will be used for the marketing, sales, leasing, construction and maintenance of the apartment development and will also be used for management of the development after the buildings are completed. The marina is proposed with eleven (11) docks which contain 427 watercraft slips. The development lies north of the floodway line to the edge of the southern navigation channel line in the Arkansas River. The marina development will be a full service facility that includes; a restaurant, marine fuel, transient boat dockage, a boat travel lift system, fishing pier and public walking promenades. July 14, 2011 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-7919-C 3 Covered and uncovered boat slips will be provided for boats ranging in size from personal water drafts to yachts of 130-feet in length. Shore service for the boat slips will include dockside lighting, cable/internet, potable water, outlets for single and three phase electricity, slip side sanitary sewer pump out stations and boat cleaning. Paved parking will be provided within the floodway. The applicant is working with City staff concerning the placement of a City park within the development as well as extending the River Trail System. The applicant is requesting a waiver of the required stormwater detention for the site. The applicant has indicated all the runoff from the development will be directly into the Arkansas River which will be unaffected by any detention that might be accomplished on the site. According to the applicant the drainage area for the Arkansas River is very large compared to this site and any flow that would extend from this site directly into the river would be insignificant. B. EXISTING CONDITIONS: The site is vacant and was previously cleared. The Arkansas River is located to the north of the site and single-family homes on smaller lots are located to the south of the site. Immediately east of the site is the FOP meeting facility. The Presidential Library and the offices for Heifer International are located further east. The streets abutting the site are substandard streets, very narrow with open ditches for drainage. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment 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 and the East Little Rock Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. With site development, provide the design of the street conforming to the Master Street Plan. Construct one-half street improvement to Bond Avenue including 5-foot sidewalks with the planned development. The new back of curb should be located 18 feet from centerline. 2. With site development, provide the design of East 2nd Street conforming to the Master Street Plan. Due to the proposed traffic volumes accessing the site, full street improvements to East 2nd Street west to Bond Avenue July 14, 2011 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-7919-C 4 including 5-foot sidewalks on both sides should be constructed with the planned development. East 2nd Street should be constructed to a width of 36 feet. 3. The launch ramp driveway off East 2nd Street should be signed one way southbound in other words no entrance from East 2nd Street. 4. A maneuver access should be provided with gates from the launch ramp to the travel boat lift to improve access. 5. Additional pedestrian accesses should be provided from the parking lot to the dock area. 6. The public right-of-way will end at the crosswalk west of the parking area and west of the round-a-bout. A concrete driveway apron should be installed where the public right-of-way begins. 7. Due to the proposed use of the property, the Master Street Plan specifies that East 2nd Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 8. Due to the proposed use of the property, the Master Street Plan specifies that Bond Avenue for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 9. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). 10. 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. 11. A special Grading Permit for Flood Hazard Areas will be required per Section 8-283 prior to construction. 12. The minimum finished floor elevation of the inhabitable structures on the property must be at least one (1) foot above the base flood elevation and shown on any approved plans and/or plats. 13. Alteration of the water course will require approval from the Little Rock District of the US Army Corps of Engineers prior to start of work. 14. The proposed site is within the adopted regulatory floodway. The proposed alteration of the floodway will require flood map revisions. Obtain a conditional letter of map revision approval from Public Works and the Federal Emergency Management Agency prior to issuance of a grading permit and/or a building permit. July 14, 2011 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-7919-C 5 15. Street Improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. 16. On site striping and signage plans should be forwarded to Public Works, Traffic Engineering for approval with the site development package. 17. Alteration or use of the levee will require approval from the Little Rock Pulaski County Levee District prior to the start of work. 18. Per Section 36-341 no structure shall be closer than twenty-five (25) feet to any established floodway line. The storage or processing aboveground and the storage belowground of material and fuel which is flammable or explosive or which could other wise be injurious to human, animal or plant life in time of flood shall be unlawful. Floodways shall be kept free of structural involvement including fences, open storage of materials and equipment, vehicle parking and other impediments to the free flow of floodwater. 19. Streetlights are required by Section 31-403 of the Little Rock code. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting/certificate of occupancy. Contact Traffic Engineering 379-1813 (Steve Philpott) for more information. 20. Obtain permits prior to doing any street cuts or curb cuts. Obtain barricade permit prior to doing any work in the right-of-way. Contact Traffic Engineering at (501) 379-1805 (Travis Herbner) for more information. 21. The proposed park design should be reviewed by the Little Rock Parks Department. Contact Mark Webre at 371-6851 for additional assistance. 22. Damage to public and private property due to hauling operations or operation of construction related equipment from a nearby construction site shall be repaired by the responsible party prior to issuance of a certificate of occupancy. 23. Provide the construction phasing plan. 24. Due to the proposed use of the property, the Master Street Plan specifies that East 3rd Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 25. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to East 3rd Street including 5-foot sidewalks with the planned development. The new back of curb should be placed 18 feet from centerline with at least 20 feet of pavement provided. 26. If the public right-of-way stops on the east side of Reichardt Street, a concrete apron should be installed at the beginning of the private street or access easement. July 14, 2011 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-7919-C 6 27. Private access is proposed for the property east of East 3rd Street. In accordance with Section 31-207, private streets must be designed to the same standards as public streets. A minimum access easement width of 45 feet is required and street width of 31 feet from back of curb to back of curb. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. There is an existing sewer outfall located on the property. No construction is allowed within the easement. Contact Little Rock Wastewater for additional information. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. A water main extension will be required to provide water service to this property. Please submit plans for water facilities to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities. Approval of plans by Central Arkansas Water, the Arkansas Department of Health Engineering Division and the Little Rock Fire Department is required. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). The facilities on-site will be private. When meters are planned off private lines, private facilities shall be installed to Central Arkansas Water’s material and construction specifications and installation will be inspected by an engineer, licensed to practice in the State of Arkansas. Execution of Customer Owned Line Agreement is required. This development will have a 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. Maintain at least a 20-foot wide access. Install a Knox box and properly place the address on the building. Contact the Little Rock Fire Department for additional information. County Planning: No comment. July 14, 2011 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-7919-C 7 CATA: Approved as submitted. The site is not located on a dedicated CATA Bus Route. Parks and Recreation: No comment received. Contact the Little Rock Parks and Recreations Department concerning the proposed plan and the proposal for development of City owned property. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the East Little Rock Planning District. The Land Use Plan shows Mixed Use for this property. Mixed Use provides for a mixture of residential, office and commercial uses to occur. A Planned Zoning District is required if the use is entirely office or commercial or if the use is a mixture of the three. The applicant has requested to revise a previously approved Planned Commercial Development. The development includes a marina, restaurant, City Park and apartment development Master Street Plan: Bond Street is shown as a Collector and East 3rd Street is shown as a Local Street. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. 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: A Class I bike route is shown proposed along the south shore of the Arkansas River just north of this site. A Class I bikeway is built separate from or alongside a road. Additional paving and right of way may be required. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. It appears that parking, landscaping, and other amenities are located outside the property line. A franchise agreement will be required in conjunction with any amenities being located within the public right-of-way. The City cannot approve construction or grading on other entities property. A signed, stamped, legal survey is needed for a complete review. 3. The parking area should be twenty foot (20) for a space (depth) and twenty foot (20) for the back up area at any/all locations that are not designed for July 14, 2011 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-7919-C 8 truck/trailers/boat maneuvering etc. It appears there may be room for reducing the amount of concrete and impermeable area(s). 4. Interior islands must be a minimum of three hundred (300) feet in area to receive credit toward fulfilling landscape ordinance requirements. These islands must be evenly distributed throughout the site. 5. Fifty percent (50%) of the trees must be three (3”) inches minimum caliper at the time of planting. 6. Depending upon the height of the buildings being proposed, the building landscaping trees will need to meet the City height and type. 7. An automatic irrigation system to water landscaped areas will be required. 8. Prior to the issuance of a building permit, it will be necessary to provide an approved landscape plan stamped with the seal of a Registered Landscape Architect. 9. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (June 23, 2011) The applicants were present. Staff presented the item and noted additional information was needed regarding the phasing plan, ownership of properties within the development area, square footage of the various elements, building height, dumpster locations and signage. Staff asked for more details on landscape areas, site lighting and fencing. Public Works and Landscape comments were discussed. Staff stated they could support a variance from the twenty-five (25) foot floodway setback requirement if access was provided through the site to the floodway. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan and responses to the issues that were raised at Subdivision Committee. The applicant met with City Staff to discuss and work through many of the issues. July 14, 2011 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-7919-C 9 The development is proposed to be constructed in four (4) phases with the initial phase projected to start in 2011 and the final phase to be completed by 2015. Phase I consists of the City park and the first phase of the marina. Phase II consists of the first four (4) apartment buildings, the clubhouse and the second phase of the marina. Phase III consists of the remaining apartment buildings and the third phase of the marina. The final phase, Phase IV is the restaurant. Parking and driveways will be constructed in conjunction with the various phases. Agreements are being secured from the owners of properties within the development, including the City of Little Rock and the Levee District. Approval of all owners of property within the development must be obtained prior to the item being forwarded to the Board of Directors. The applicant has provided data showing the interior landscape islands exceed the Ordinance minimums. Seven (7) of the eight (8) apartment buildings are three (3) stories in height and contain 24 units each. The eighth (8th) building is five (5) stories in height and contains 25 units. The tallest building is approximately 65 feet in height. Signage consists of a monument-style ground- mounted sign at the intersection of Bond and E. 2nd Streets. No specifics on the sign were submitted. Staff believes the maximum height and area should be ten (10) feet and one-hundred (100) square feet respectively. Directional signage and wall signage is requested for the restaurant. Due to the nature of the restaurant, wall signs are requested on all facades; facing the shore and the river. Dumpsters will be located at various sites around the property. They will be screened to comply with the Code. Dumpster pickup will be limited to daylight hours only. Site lighting will be low-level and directional, directed downward and into the site. Decorative fencing will be placed at points to distinguish public areas from private. Details are still being worked on. The applicant is requesting a waiver of the storm water detention ordinance due to the site’s proximity to the river. Staff believes the applicant should comply with the Ordinance by submitting funds in-lieu. Dedication of right-of-way for E. 2nd and Bond Streets is not to the full requirement of thirty (30) feet but as much as can be dedicated with the constraint of the levee. Staff supports the dedication as proposed. The applicant proposes to construct the buildings up to the floodway line and is requesting a variance from the required twenty-five (25) foot setback from the floodway. Staff supports this variance since access easements will be provided through the development to the floodway at points where driveways will be in place to provide access. A parking lot is shown south of the levee, near the clubhouse building. Access to this parking lot can only be accomplished by the applicant purchasing property from an abutting owner(s). If proper, legal access cannot be obtained, the parking lot cannot be constructed. July 14, 2011 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-7919-C 10 Staff is supportive of the proposed development. The project, in fairly similar form, has been approved twice previously. Other review and approvals are needed from various Federal and State agencies before the project can move forward. I. STAFF RECOMMENDATION: Staff recommends approval of the application subject to compliance with the comments and conditions outlined in Sections D, E and F of the agenda staff report. Staff recommends that the monument style, ground mounted sign be a maximum of 10 feet in height and 100 square feet in area. Staff recommends that approval be provided by all owners of properties located within the development prior to the item being considered by the Board of Directors. Staff recommends that the applicant comply with the storm water detention ordinance by providing funds in-lieu of storm water detention. Staff recommends approval of the requested right-of-way dedication, floodway setback and floodway easement variances. PLANNING COMMISSION ACTION: (JULY 14, 2011) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation” above. There was no further discussion. The item was placed on the consent agenda and approved by a vote of 10 ayes, 0 noes and 1 absent. July 14, 2011 ITEM NO.: 8 FILE NO.: Z-7978-B NAME: 12624 Lawson Road Short-form PCD LOCATION: Located at 12624 Lawson Road DEVELOPER: PBG General, LLC P.O. Box 22407 Little Rock, AR 72221 SURVEYOR: Global Surveying Consulting, Inc. 217 West 2nd Street, Suite 200 Little Rock, AR 72201 AREA: 1.57 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: O-3, General Office District ALLOWED USES: Office PROPOSED ZONING: PCD PROPOSED USE: Retail VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The owner is proposing to rezone the site from O-3, General Office District to Planned Commercial Development (PCD) to allow development of 1.5 acres with a retail use. The site plan indicates the construction of a 70-foot by 130.8-foot (9,170 square feet) Dollar General Store. The site plan indicates the placement of landscaping and buffering complying with the typical ordinance requirements within the zoning buffer ordinance and the landscape ordinance. Screening has also been indicated along the perimeters of the site where abutting residentially zoned or used property. July 14, 2011 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-7978-B 2 B. EXISTING CONDITIONS: The site is vacant and mostly cleared. There are areas of mature trees and vegetation at the rear and south side. The property is partially in the City limits. An annexation application for the rest of the site is Item No. 14 on this agenda. The site is located in an area of mixed zoning and uses. A large area of commercial and office zoning extends to the east, towards and past the Col. Glenn/I-430 Interchange. The properties to the west are zoned R-2 and contain a mixture of residential and nonconforming businesses. A small pocket of residential properties is adjacent to the north. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment 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 and the John Barrow Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Due to the proposed use of the property, the Master Street Plan specifies that Lawson Road for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 2. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to the street including 5-foot sidewalk with the planned development. Typically the new back of curb is located 18 feet from centerline. The width may very due to the required curvature of the street. The new curb line should be located as required by the AASHTO Green book for sight distance and curvature using the existing speeds. Contact Bill Henry, Traffic Engineering, at 379-1816 for additional information. 3. Show the existing streets and driveways adjacent and across the street from the subject property. 4. All driveways shall be concrete aprons per City Ordinance. 5. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). 6. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Other July 14, 2011 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-7978-B 3 than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 7. Stormwater detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. 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. Per Section 29-102 an evaluation should be conducted on the basis of existing downstream development and any analysis of stormwater runoff with and without the proposed development. If the proposed development will cause or increase downstream flooding conditions, provisions to minimize such flooding conditions should be included in the design of the storm management improvements. Such provisions may include downstream improvements and/or detention of stormwater runoff and its regulated discharge to the downstream storm drainage system. 10. Street Improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. 11. On site striping and signage plans should be forwarded to Public Works, Traffic Engineering for approval with the site development package. 12. Streetlights are required by Section 31-403 of the Little Rock code. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting/certificate of occupancy. Contact Traffic Engineering 379-1813 (Steve Philpott) for more information. 13. 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: The property is located outside the service boundary. Provide the means of wastewater disposal. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. The Little Rock Fire Department needs to evaluate this site to determine whether additional public or July 14, 2011 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-7978-B 4 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 regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. Contact Central Arkansas Water regarding the size and location of the water meter. A Capital Investment Charge based on the size of meter connection (s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. Due to the nature of the 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 the installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by Central Arkansas Water. The test results must be sent to Central Arkansas Water’s Cross Connection Section within ten (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 a 20-foot wide access. Install a Knox box and properly place the address on the building. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: Approved as submitted. The site is not located on a dedicated CATA Bus Route. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Ellis Mountain Planning District. The Land Use Plan shows Office for this property. Office allows services provided directly to consumers as well as general offices, which support more basic economic activities. The applicant has requested to allow the rezoning of this site from O-3, General Office District to Planned Commercial Development to allow the construction of a 1.5 acre tract with a Dollar General store containing 9,100 square feet. Master Street Plan: Lawson Road and Lawson Cut-Off are both shown as Minor Arterials. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized July 14, 2011 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-7978-B 5 area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Lawson Road since it is a Minor Arterial. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class I is shown along Lawson Road. A Class I bikeway is built separate from or alongside a road. Additional paving and right of way may be required. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. The zoning buffer ordinance requires a thirteen (13) foot wide land use buffer along the eastern and western perimeters of the site next to the residentially zoned property. Seventy percent (70%) of this area is to remain undisturbed. If insufficient vegetation exists in this area then additional landscaping will be required to provide screening. Easements cannot count toward fulfilling this requirement. No grading can occur in these areas. 3. The zoning buffer ordinance requires a twenty-four (24) foot wide land use buffer along the northern perimeter of the site next to the residentially zoned property. Seventy percent (70%) of this area is to remain undisturbed. If insufficient vegetation exists in this area then additional landscaping will be required to provide screening. Easements cannot count toward fulfilling this requirement. No grading can occur in these areas. 4. 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 northern, southern, and western perimeters of the site. Credit towards fulfilling this requirement can be given for existing trees and undergrowth that satisfies this year-around requirement. 5. Areas for set aside for landscaping appears to meet the City’s landscape ordinance requirements. 6. An automatic irrigation system to water landscaped areas will be required. 7. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. July 14, 2011 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-7978-B 6 G. SUBDIVISION COMMITTEE COMMENT: (June 23, 2011) The applicant was present. Staff presented the item and noted additional information was needed regarding days and hours of operation, dumpster service hours and signage. Staff asked if alternative uses were requested, such as C-1 uses. Public Works and Landscape comments were discussed. The applicant was advised to work out driveway locations with staff. The applicant indicated some grading in the buffer would be necessary but the buffer area had previously been cleared. 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 applicants submitted responses and a revised site plan to address issues raised at Subdivision Committee. The proposed development consists of a single, 9,200 square foot, one-story, commercial building and a 30-space parking lot. The proposed use is a Dollar General Store. No alternate uses are requested. Days and hours of operation are proposed as 7:00 a.m. – 10:00 p.m., seven (7) days a week. Dumpster service is limited to business hours. Signage consists of a single, ground-mounted sign. The sign will have an area of ninety-six (96) square feet and a height of twenty (20) feet. A single wall sign will be placed on the front face of the building, facing Lawson Rd. All site lighting will be low-level and directional, aimed downward and into the site. The plan was “flipped” to accommodate Public Works comments regarding driveway location. The driveway is now on the south perimeter of the site and all required street improvements will be constructed. Screening will be placed on the perimeters of the site. Screening will consist of a combination of a six (6) foot wood privacy fence and dense plantings. Wooded areas at the rear and south side of the site will be retained. To staff’s knowledge, there are no outstanding issues. No variances are requested. A request to annex the portion of the site not currently in the City limits is Item No. 14 on this agenda. July 14, 2011 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-7978-B 7 I. STAFF RECOMMENDATION: Staff recommends approval of the application subject to compliance with the comments and conditions outlined in sections D, E and F of the agenda staff report. PLANNING COMMISSION ACTION: (JULY 14, 2011) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation” above. There was no further discussion. The item was placed on the consent agenda and approved by a vote of 10 ayes, 0 noes and 1 absent. July 14, 2011 ITEM NO.: 9 FILE NO.: Z-8386-A NAME: Edgemere Park Short-form PD-R LOCATION: Located at 807 Kirby Road DEVELOPER: Icon Homes, LLC 16 Cobblestone Creek Court Little Rock, AR 72210 ENGINEER: McGetrick Engineering 10 Otter Creek Court, Suite A Little Rock, AR 72210 AREA: 0.95 acres NUMBER OF LOTS: 3 FT. NEW STREET: 0 LF CURRENT ZONING: PD-R ALLOWED USES: 3 Lot Single-family Subdivision PROPOSED ZONING: PD-R PROPOSED USE: 12.63 unit Multi-family development VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: On December 2, 2008, the Little Rock Board of Directors adopted Ordinance No. 20,052 establishing a Planned Residential Development (PD-R) for this property to allow for the construction of three (3) single-family homes on this site all with driveway access to Kirby Road. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is now proposing to amend the previously approved PD-R to allow the development of the site with three (3) buildings containing four (4) units in each building multi-family development. The applicant has indicated Edgemere Park is planned as an upscale residential apartment home development which July 14, 2011 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-8386-A 2 will blend European architecture with 21st Century construction. The units are proposed as two bedroom units with a living area, one full bath, dining area and kitchen and a separate laundry area. The units will range from 950 square feet to 1,100 square feet of heated and cooled space. The buildings are proposed with a single entry door to promote a residential appearance. Exterior features include masonry, with structural accents and details such as brick on all four sides, architectural roof shingles, landscaped lawns and automatic sprinkler systems. The Roof pitch elevations are proposed as a minimum 10/12. A six (6) foot privacy fence will be installed along the northern, eastern and southern perimeters. A common area will be included along the eastern perimeter to allow residents outdoor space. B. EXISTING CONDITIONS: Kirby Road is a narrow two-lane road with open ditches for drainage. The site is wooded and appears to be relatively flat. South of the site is a warehouse building and north of the site is Chenal Adult Daycare facility. East of the site is property zoned PRD, which is being developed as a multi-family residential development. The area is predominately single-family with a few churches located north of the site. The area south of the site at the intersection with Kanis Road on the east side was previously approved for an office, commercial and mini-warehouse development and on the west side a convenience store has been constructed. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment 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 Spring Valley Manor and the Parkway Place Property Owners Associations were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Kirby Road is classified on the Master Street Plan as a collector street. A dedication of right-of-way 30 feet from centerline will be required. 2. With site development, provide the design of Kirby Road conforming to the Master Street Plan. Construct one-half street improvement to Kirby Road with the planned development. The new back of curb should be located 36 feet from the back of curb on the west side of Kirby Road. July 14, 2011 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-8386-A 3 3. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). 4. 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. 5. Stormwater detention will not apply to the proposed development with it being less than one (1) acre in size. 6. Provide a letter prepared by a registered engineer certifying the sight distance at the intersections comply with 2004 AASHTO Green Book standards. 7. Streetlights are required by Section 31-403 of the Little Rock code. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting/certificate of occupancy. Contact Traffic Engineering 379-1813 (Steve Philpott) for more information. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required with easements for Lots 2 and 3. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. A water main extension will be required to provide water service to this property. Please submit plans for water facilities to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities. Approval of plans by Central Arkansas Water, the Arkansas Department of Health Engineering Division and the Little Rock Fire Department is required. Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. July 14, 2011 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-8386-A 4 Fire Department: Place fire hydrants per code. Maintain at least a 20-foot wide access. Install a Knox box and properly place the address on the building. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: Approved as submitted. The site is not located on a dedicated CATA Bus Route. Parks and Recreation: No comment. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Ellis Mountain Planning District. The Land Use Plan shows Residential Low Density for this property. Residential Low Density is for single family homes at densities no greater than six (6) dwelling units per acre. The applicant has requested to revise a previously approved Planned Residential Development to allow the development of this .95 acre tract with three (3) structures containing a total of twelve (12) units of residential housing Master Street Plan: Kirby Road is shown as a Collector. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class III bike route is shown along Kirby Road. A Class III bikeway is a signed route on a street shared with traffic. No additional paving or right-of-way is required. Class III bicycle route signage may be required. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. The zoning buffer ordinance requires a nine (9) foot wide land use buffer along the northern and southern perimeters of the site next to the residentially zoned property. Seventy percent (70%) of this area is to remain undisturbed. If insufficient vegetation exists in this area then additional landscaping will be required to provide screening. Easements cannot count toward fulfilling this requirement. No grading can occur in these areas. 3. The zoning buffer ordinance requires a seventeen (17) foot wide land use buffer along the eastern perimeter of the site next to the residentially zoned July 14, 2011 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-8386-A 5 property. Seventy percent (70%) of this area is to remain undisturbed. If insufficient vegetation exists in this area then additional landscaping will be required to provide screening. Easements cannot count toward fulfilling this requirement. No grading can occur in these areas. 4. The landscape ordinance requires a nine (9) foot perimeter landscape strip around the sites entirety. A variance from the City Beautiful Commission must be obtained prior to the issuance of a building permit. 5. 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 northern perimeter of the site. Credit towards fulfilling this requirement can be given for existing trees and undergrowth that satisfies this year-around requirement. 6. The landscape ordinance requires a minimum of eight percent (8%) of the paved areas be landscaped with interior islands of at least 7 ½ feet in width and 150 square feet in area. 7. A small amount of building landscaping will be required. 8. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (June 23, 2011) The applicant was present. Staff presented the item and noted additional information was needed regarding unit square footage, building height, trash collection and signage. Public Works and Landscape comments were discussed Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted responses and a revised plan to address the issues raised at Subdivision Committee. Each of the three (3) buildings will contain four (4) units, two (2) upstairs and two (2) downstairs. Each building will have a single front entry door to promote a single-family residential appearance. Each unit will consist of 950 to 1100 square feet of heated and cooled space. The buildings will have an architecturally shingled roof with a minimum roof pitch of 10/12. Building July 14, 2011 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-8386-A 6 height will be approximately twenty-eight (28) feet to the midpoint of the pitched roof. There will be no dumpster on the site. Each unit will have individual trash collection. Total open space is provided at 1,767 square feet per unit or a total of 52% of the site. The open space indicated at the east will be landscaped and will include amenities such as park benches for the residents to enjoy. A six (6) foot tall brick and black iron decorative fence will be placed across the front of the site. The development will not be gated. To staff’s knowledge, there are no outstanding issues. No Variances are requested. Staff believes the proposed development will provide a good transition from the nonresidential developments to the south and the single-family neighborhood to the north. The development will also complement the new multi-family development being constructed across Kirby Road. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions outlined in sections D, E and F of the agenda staff report. PLANNING COMMISSION ACTION: (JULY 14, 2011) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation” above. There was no further discussion. The item was placed on the consent agenda and approved by a vote of 10 ayes, 0 noes and 1 absent. July 14, 2011 ITEM NO.: 10 FILE NO.: Z-8661-A NAME: Bean Short-form PD-R LOCATION: Located at 516 Ridgeway Drive DEVELOPER: Brian Bean 516 Ridgeway Little Rock, AR 72205 SURVEYOR: Brooks Surveying 20820 Arch Street Pike Hensley, AR 72065 AREA: 0.20 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family - CUP ALLOWED USES: Single-family with an accessory dwelling PROPOSED ZONING: PD-R PROPOSED USE: Single-family with an accessory dwelling – Hillcrest DOD setback VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: A Conditional Use Permit for this property was approved by the Little Rock Planning Commission at their June 2, 2011, public hearing. The CUP allowed for the placement of a second residence on the site above a proposed garage structure located along the southeastern portion of the site. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is now requesting a rezoning of the site from R-2, Single-family to PD-R to allow the screening of a former carport. The owner is removing the former concrete parking pad and driveway in this area due to the relocation of the driveway to the south side of the home with the addition of the garage structure July 14, 2011 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-8661-A 2 and residential unit approved in the previous application. The area is presently under roof and the supporting columns are in place. The structure is located within two and one-half (2.5) feet of the northern property line. The set backs as proposed do not comply with typical setback standards of the R-2, Single-family Zoning District. The property is located within the Hillcrest Design Overlay District. Per the Hillcrest Design Overlay District should a property not conform to the underlying zoning district for any reason the owner is required to rezone the property to a planned zoning district to allow modifications to the site. B. EXISTING CONDITIONS: The site contains a single-family residence and a detached garage-apartment. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment 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 and the Hillcrest Residents Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Since the driveway will be removed, the driveway apron located between the sidewalk and the back of curb should also be removed and the curb replaced. Reconstruction may need to be made to the sidewalk where the driveway and apron are removed. The reconstructed sidewalk must be constructed to meet ADA standards. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: No objection. All central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central July 14, 2011 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-8661-A 3 Arkansas Water if additional fire protection or metered water service is required or regarding the size and location of the water main. Fire Department: Approved as submitted. County Planning: No comment. CATA: Approved as submitted. The site is not located on a dedicated CATA Bus Route. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Heights Hillcrest Planning District. The Land Use Plan shows Residential Low Density for this property. Residential Low Density is for single family homes at densities no greater than six (6) dwelling units per acre. The applicant has requested to rezone the site from R-2, Single-family with a conditional use permit to allow a second residences on the lot to Planned Residential Development to allow the use of a former carport area with a non-conforming side yard setback as a screened porch and to allow the construction of a deck along the northern portion of the home extending to the rear of the home Master Street Plan: Ridgeway 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. Landscape: No comment on this single-family request. G. SUBDIVISION COMMITTEE COMMENT: (June 23, 2011) Staff presented the item and noted there were no outstanding issues. Public Works comments were noted. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. July 14, 2011 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-8661-A 4 H. ANALYSIS: There were no outstanding issues to respond to from Subdivision Committee. Under the previously approved conditional use permit, the applicant proposed to construct a detached two story garage structure with a guest apartment above. An old, existing two-story garage and apartment are to be removed. The new structure is located in the opposite corner of the rear yard. The existing driveway, which provides access from the street to an attached carport is being removed. The applicants propose to convert the former carport into a screened room. The structure does not meet the required side yard setback of five (5) feet. Since the carport is nonconforming in relation to setback, under the provisions of the Hillcrest Overlay, a Planned Development is required for conversion of the carport into a screened room. The roof and supporting columns are in place and will not be changed. The structure has a setback of about two and one-half (2.5) feet from the side property line. The screened porch will adhere to the design of the existing house which they are refurbishing. The applicants anticipate the aesthetics of the porch will actually be an improvement over the existing carport. Staff is supportive of the proposal. The structure has been in place for many years. Converting the structure from a carport into a screened porch will not change any of the pertinent issues such as setbacks. Staff also believes the appearance of the house will be enhanced by converting the carport into a porch. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions outlined in sections D, E and F of the agenda staff report. PLANNING COMMISSION ACTION: (JULY 14, 2011) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation” above. There was no further discussion. The item was placed on the consent agenda and approved by a vote of 10 ayes, 0 noes and 1 absent. July 14, 2011 ITEM NO.: 11 FILE NO.: Z-8668 NAME: 104 North Cedar Street Short-form PCD LOCATION: Located at 104 North Cedar Street DEVELOPER: Ananth Ranyanathan 104 North Cedar Street Little Rock, AR 72205 SURVEYOR: Brooks Surveying Company 20820 Arch Street Pike Hensley, AR 72065 AREA: 0.16 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: C-3, General Commercial District ALLOWED USES: Retail PROPOSED ZONING: PCD PROPOSED USE: C-3, General Commercial District – Add Single-family as an allowable use VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The property located at 104 North Cedar Street is presently zoned C-3, General Commercial District. The property has historically been a single-family home and is a single-family residence today. The C-3, General Commercial Zoning District does not allow single-family as an allowable use. Although the site has an existing non-conforming status for the residential use the owner is requesting to rezone the site to PCD to add single-family as an allowable use in addition to maintaining the C-3, General Commercial District uses as allowable alternate uses for the site. July 14, 2011 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-8668 2 B. EXISTING CONDITIONS: The site is occupied by a single family residential structure and a detached garage structure. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment 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 were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Cedar Street is classified on the Master Street Plan as a collector street. A dedication of right-of-way 30 feet from centerline will be required. The centerline of Cedar Street should be shown on the survey to determine the existing right-of-way. 2. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: No objection. All central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water if additional fire protection or metered water service is required or regarding the size and location of the water main. Due to the nature of the facility, installation of an approved reduced pressure zoned 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 test of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by Central Arkansas. The test results must be sent to Central July 14, 2011 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-8668 3 Arkansas Water’s Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Approved as submitted. County Planning: No comment. CATA: Approved as submitted. The site is not located on a dedicated CATA Bus Route. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Heights Hillcrest Planning District. The Land Use Plan shows Office for this property. The office category represents services provided directly to consumers as well as general office. The applicant has applied for a rezoning of this existing single-family home from C-3, General Commercial District to Planned Commercial Development to add single- family as an allowable use. Master Street Plan: North Cedar Street is shown as a Collector. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class III is shown along North Cedar Street. A Class III bikeway is a signed route on a street shared with traffic. No additional paving or right-of- way is required. Class III bicycle route signage may be required. Landscape: 1. Any future redevelopment of the site will require the site plan to comply with the City’s landscape and buffer ordinance requirements. G. SUBDIVISION COMMITTEE COMMENT: (June 23, 2011) Staff presented the item and noted there were no outstanding issues. Staff commented that any future commercial use or development of the site would require review of parking, landscaping and signage. Public Works and Landscape comments were noted. July 14, 2011 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-8668 4 Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: There were no issues to respond to from Subdivision Committee. The property has apparently been zoned commercial since the inception of zoning in 1937. The property contains a single-family residence and has never been anything other than a single family residence. Under the previous commercial designation of “F”, single family was a permitted use. When the “new” zoning ordinance was implemented in 1980, “F” became “C-3” and the residential use became nonconforming. No changes are proposed to the site. The PCD zoning request will retain C-3 as the base use with a single-family residence being an added use. Any future use or development of the site for a nonresidential use will require a return through the process to address issues such as parking, landscaping and signage. To staff’s knowledge, there are no outstanding issues. I. STAFF RECOMMENDATION: Staff recommends approval of the item subject to compliance with any comments and conditions outlined in sections D, E and F of the agenda staff report. PLANNING COMMISSION ACTION: (JULY 14, 2011) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation” above. There was no further discussion. The item was placed on the consent agenda and approved by a vote of 10 ayes, 0 noes and 1 absent. July 14, 2011 ITEM NO.: 12 FILE NO.: Z-8675 NAME: Mabelvale Cut-off and Whispering Pine Drive Short-form PCD LOCATION: Located on the Northwest corner of Mabelvale Cut-off Road and Whispering Pine Drive DEVELOPER: Lucio Rubio 10425 Stardust Trail Little Rock, AR 72209 SURVEYOR: Ollen Dee Wilson P.O. Box 604 North Little Rock, AR 72115-0604 AREA: 0.53 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family ALLOWED USES: Single-family residential PROPOSED ZONING: PCD PROPOSED USE: Used automobile sales – up to six automobiles VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is requesting a rezoning from R-2, Single-family to Planned Commercial Development (PCD) to allow the lot located the intersection of Mabelvale Cut Off and Whispering Pine Drive for automobile sales. The applicant is requesting to be allowed to display six (6) cares for sale on the lot. The applicant has indicated a small building will be added to the site to allow for a sales office. The entrance to the automobile sales lot is from Whispering Pine Drive. The applicant has indicated no alterations to the cars will be performed on site. July 14, 2011 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-8675 2 B. EXISTING CONDITIONS: The property consists of a vacant, cleared lot which appears to have some nonconforming use as equipment and truck parking. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment 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 West Baseline Neighborhood Association, the Legion Hut Neighborhood Association and Southwest Little Rock United for Progress were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Due to the proposed use of the property, the Master Street Plan specifies that Whispering Pine Drive for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 2. A 20 foot radial dedication of right-of-way is required at the intersection of Whispering Pine Drive and Mabelvale Cut-off. 3. Sidewalks with appropriate handicap ramps are required to be installed along Whispering Pine Drive in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. 4. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 5. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. July 14, 2011 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-8675 3 Central Arkansas Water: No objection. All central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water if additional fire protection or metered water service is required or regarding the size and location of the water main. Due to the nature of the facility, installation of an approved reduced pressure zoned 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 test of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by Central Arkansas. The test results must be sent to Central Arkansas Water’s Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Approved as submitted. County Planning: No comment. CATA: Approved as submitted. The site is located on CATA Bus Route #17 – the Mabelvale Downtown Route and 17A – the Mabelvale UALR Route. Adjacent to this site on Mabelvale Cut-off there is a covered bus shelter. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Geyer Springs West Planning District. The Land Use Plan shows Residential Low Density for this property. Residential Low Density is for single family homes at densities no greater than six (6) dwelling units per acre. The applicant has applied for a rezoning from R-2, Single-family to Planned Commercial Development to allow the use of the property as a car lot for up to six (6) cars. Master Street Plan: Mabelvale Cutoff is a Minor Arterial. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Mabelvale Cutoff since it is a Minor Arterial. Whispering Pine Drive is a Local Street. The primary function of a Local Street is to provide access to adjacent properties. Local Streets which are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. These streets have a design standard the same as a Collector. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. July 14, 2011 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-8675 4 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. Any new paved areas must comply with the City’s landscape and buffer ordinance requirements. G. SUBDIVISION COMMITTEE COMMENT: (June 23, 2011) Staff presented the item and noted additional information was needed on the proposed use including days and hours of operation, dumpster location, signage and site lighting. Staff asked if any auto repair or detailing of vehicles would occur on site. Staff noted the site plan and survey did not appear to match. The applicant was asked to explain the purpose of a proposed building indicated on the plan. Staff requested information on the dump trucks currently parked on the site as well as several piles of gravel. It was noted that the vehicular use areas would have to be paved and landscaped to comply with Code standards. Public Works and Landscape comments were discussed. 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 is requesting approval of a PCD to allow for use of this .54+/- acre tract for an automobile sales lot. The property is mostly cleared and appears to have some degree of nonconformity associated with the parking of dump truck or as a contractors yard. A gravel driveway provides access off of Whispering Pine Drive. Any change to a nonconforming property requires a Planned Development. The applicant proposes to display six (6) vehicles for sale on the lot. A small office building is to be located on the site. No auto detailing, car washing or auto repair will occur on the site. The applicant states he is a truck driver and desires to have this use as a part time business. Days and hours of operation are 9:00 a.m. to 5:00 p.m., seven days a week. The only site lighting will be a security light. Signage is proposed to be that allowed in commercial zones, as July 14, 2011 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-8675 5 per the Code. That could imply a commercial ground mounted sign on each street frontage and wall signage on the building. No specifics were provided. The applicant also proposes to continue to park a single dump truck on the site (the truck he drives). The applicant is requesting a two-year deferral of the requirement to construct paved parking and drives and associated landscaping and screening. Staff is not supportive of the request. The use itself is a C-4 commercial use being proposed in an area that is primarily residential in character and use. There are a couple of nonresidential uses across the street to the south and a nonconforming contractor’s yard across the street to the east. Those uses are the exception rather than the norm. The land use plan limits the nonresidential to narrow strips along the south side of Mabelvale Cut-off and east of Whispering Pine. In addition to concerns about the use itself, staff does not feel it is appropriate to allow a substandard development that does not include compliance with any code standard such as paving, landscaping and screening. Staff believes the proposed development would have a detrimental impact on surrounding properties, particularly the adjacent residential neighborhood. I. STAFF RECOMMENDATION: Staff recommends denial of the application. PLANNING COMMISSION ACTION: (JULY 14, 2011) The applicant was present. There were three objectors present. Through his City-provided translator, the applicant stated he was not ready to go forward since the person who had been assisting him thus far through the process was unable to be at the meeting. Staff informed the Commission of the applicant’s desire to defer the item. The objectors stated they would support the deferral request, albeit begrudgingly. A motion was made to defer the item to the August 25, 2011 meeting. The motion was seconded and approved by a vote of 9 ayes, 1 no and 1 absent. July 14, 2011 ITEM NO.: 13 FILE NO.: Z-8676 NAME: 1109 North Palm Street Short-form PD-R LOCATION: Located at 1109 North Palm Street DEVELOPER: Riley Lipschitz 1109 North Palm Street Little Rock, AR 72205 ENGINEER: Thomas Engineering 3810 Lookout Road North Little Rock, AR 72116 ARCHITECT: Brandon Ruhl 30 Lexington Drive Conway, AR 72034 AREA: 0.11 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family – Hillcrest Design Overlay District ALLOWED USES: Single-family residential PROPOSED ZONING: PD-R PROPOSED USE: Single-family – Addition to existing structure with reduced side and rear yard setbacks. VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is proposing a rezoning of the site from R-2, Single-family to PD-R to allow an addition to the existing single-family home located at 1109 North Palm Street. The existing home contains 880 square feet and the owner wishes July 14, 2011 SUBDIVISION ITEM NO.: 13 (Cont.) FILE NO.: Z-8676 2 to 600 square feet in two additions to the home. The additional square footage will allow the owner to add a master suite, laundry room and pantry to the existing two (2) bedroom one (1) bath home. The additions will be located within 4.3 feet of the side property line and 6.6 feet of the rear property line. The set backs as proposed do not comply with typical setback standards of the R-2, Single-family Zoning District. Per the Hillcrest Design Overlay District should a property not conform to the underlying zoning district for any reason the owner is required to rezone the property to a planned zoning district to allow modifications to the site. Otherwise, the additions comply with the standards of the DOD. B. EXISTING CONDITIONS: The site contains a one story, single- family residential structure. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment 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 were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: No comment. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: No objection. All central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water if additional fire protection or metered water service is required or regarding the size and location of the water main. Fire Department: Approved as submitted. July 14, 2011 SUBDIVISION ITEM NO.: 13 (Cont.) FILE NO.: Z-8676 3 County Planning: No comment. CATA: Approved as submitted. The site is not located on a dedicated CATA Bus Route. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Heights Hillcrest Planning District. The Land Use Plan shows Residential Low Density for this property. Residential Low Density is for single family homes at densities no greater than six (6) dwelling units per acre. The applicant has applied for a rezoning from R-2, Single-family to Planned Residential Development to allow the construction of a 600 foot addition to the existing 880 square foot single-family residence. The property is located within the Hillcrest Design Overlay District. The request includes a variance for the rear yard setback of the property. Per the DOD a rezoning is required to allow the development as proposed. Master Street Plan: North Palm Street is a Local Street. The primary function of a Local Street is to provide access to adjacent properties. Local Streets which are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. These streets have a design standard the same as a Collector. Bicycle Plan: There are no bike routes shown in the immediate vicinity. Landscape: No comment on this single-family request. G. SUBDIVISION COMMITTEE COMMENT: (June 23, 2011) Staff presented the item and requested the applicant provide the grade plane for the lot, the front building setback for the adjacent property and the maximum building height for the structure. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted responses and a revised plan that addresses those issues raised at Subdivision Committee. The property is occupies by a one, July 14, 2011 SUBDIVISION ITEM NO.: 13 (Cont.) FILE NO.: Z-8676 4 story, 880 square foot, single-family residential structure. The applicant is proposing three (3) additions to the residence. The first addition is an unenclosed front porch. No variances are required for the porch addition. The other two additions are to the rear of the structure. The larger of the two additions is a proposed master suite. This addition will have a rear yard setback of six (6) feet three (3) inches and a side yard setback of four (4) feet. For this R-2 zoned property, the rear and side yard setbacks are twenty-five (25) feet and six (6) feet five (5) inches respectively. The smaller addition to the rear of the house is to contain a laundry room and pantry. This addition will have a rear yard setback of ten (10) feet and a side yard setback of seven (7) feet four (4) inches. Both additions will be one-story in height. The master suite addition will have a height of sixteen (16) point two (2) feet and the laundry room addition will have a height of fourteen (14) point six (6) feet, both measured to the ridge. The DOD permits a height of thirty-nine (39) feet to the ridge. Staff is supportive of the proposal. The property abuts an alley on the north. The minor reduction in side yard setback will have no affect on other properties. The site abuts the side of the rear yard of a property that fronts onto Kenyon Street. The house on this adjacent lot is located on the south end of the lot. Allowing the reduced rear yard setback should not impact this adjacent property. I. STAFF RECOMMENDATION: Staff recommends approval of the application, subject to compliance with the comments and conditions outlined in section E of the agenda staff report. PLANNING COMMISSION ACTION: (JULY 14, 2011) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation” above. There was no further discussion. The item was placed on the consent agenda and approved by a vote of 10 ayes, 0 noes and 1 absent. July 14, 2011 ITEM NO.: 14 FILE NO.: A-321 NAME: Lawson Cut-Off Road Annexation REQUEST: Accept 1.46 acres plus or minus to the City LOCATION: Northwest of the Lawson Road – Lawson Cut-off Road intersection SOURCE: Paxton Singleton, Agent for the Property Owners GENERAL INFORMATION: • The County Judge signed the request for annexation on July 5, 2011. • The area requested for consideration is vacant and partially wooded. • There is one property owner. • The site is contiguous to the City of Little Rock, the southeast corner of the ownership is within the City. • The annexation request is to obtain sewer service and other City services. • The area in question is generally rectangular, approximately 400 feet deep (from roadway) and 200 feet wide at Lawson Road. • Currently the property is zoned O-3, General Office with a re-zoning application for Planned Commercial District, to allow for a retail store on the site. • The property owners have indicated the intention to redevelop this land for commercial uses. AGENCY COMMENTS: Public Safety: Fire: The Little Rock Fire Department has indicated that any annexation will impact delivery of emergency services. The Department indicates they would have an increased run volume. The Crystal Valley Volunteer Fire Department (current fire protections provider) has indicated they have no issues or concerns with the annexation request. Police: The Little Rock Police Department has indicated that they have no issues or concerns with the proposed annexation request. Infrastructure and Community Facilities: Central Arkansas Transit: Central Arkansas Transit has indicated they have no issues or concerns with the proposed annexation request. July 14, 2011 SUBDIVISION ITEM NO.: 14 (Cont.) FILE NO. A-321 2 Parks and Recreation: No Comment Received. Public Works: The Engineering Division of Public Works has indicated the proposed annexation is acceptable and that they have no comment. The Solid Waste Division of Public Works has indicated they have no issues with the proposed annexation request. Utilities: Central Arkansas Water: No Comment Received. Entergy: Entergy indicates they have no issues or concerns with this annexation. Reliant-Energy: No Comment Received. Wastewater Utility. The Little Rock Wastewater Utility has indicated they have no issues or concerns with the proposed annexation. They do note that sewer service for this property would be the responsibility of the developer of the property. Further, there would be a sewer main extension required to serve the area in question. Southwestern Bell: No Comment Received. Schools: Little Rock: No Comment Received. The annexation is not within the Little Rock School District. Pulaski County Special: No Comment Received. The annexation area is within the Pulaski Special School District. ANALYSIS: This annexation area is located at the northwest corner of the Lawson Road - Lawson Cut-off Road intersection. A corner of the ‘ownership’ (southeast corner) is within the City of Little Rock. The ownership is a modified rectangle with the northwest corner removed. The tract is approximately 400 feet deep from Lawson Road and 200 feet wide (106 feet wide at the end opposite Lawson Road). The site is gently sloped (especially for western Little Rock), with a grade change of approximately 8 feet. The low point is the southwest corner just under 356 feet and the high point being along the back property line at approximately 362 feet. July 14, 2011 SUBDIVISION ITEM NO.: 14 (Cont.) FILE NO. A-321 3 The front of the site is cleared with the majority wooded and over-gown. On either side of the site along Lawson Road there are existing homes. The houses north and east of the site along Lawson Road are on small tracts and are occupied. Only one home remains occupied in the area between Lawson and David O Dodd Roads, east of the annexation area. The city limits in this location has been in place since the general election annexation of 1985. The city limits follows the west section line of Section 21 Township-1-North, Range-12-west. The request is contiguous along this section line as it crosses the ownership. Pulaski County Judge Villines set a hearing to consider the annexation for July 5, 2011. The current zoning is O-3, General Office. A reclassification request has been filed with the City to change the zoning to Planned Commercial District, for a Dollar General Store and other retail uses. The City’s Land Use Plan shows the site for Office use with Mixed Office/Commercial and Commercial Use shown as one moves to the east and north. The ‘major’ intersection is the Colonel Glenn/Bowman Road to the northeast of this site with a large amount of Commercial land use is shown. East the annexation area has been redeveloping into commercial uses centered on the Interstate 430 interchange with Colonel Glenn Road. Several auto dealerships have moved to this area as a have a couple of regional recreational uses – a theater and indoor pizza/golf and games facility. There are also several office/warehouse developments and Baptist Hospital’s support services building including their school of nursing. To the west remains more rural to suburban in use with large tract residential and a scattering of businesses. The Master Street Plan shows Lawson Road as a Minor Arterial to Lawson Cut- off Road. The Arterial classification continues east along Lawson Cut-Off Road and Lawson Road continues north to Colonel Glenn Road with a classification of a Local Commercial Street. None of these roads are currently construction to Master Street Plan Standard. Additional right-of-way as well as widening of the street surface, addition of storm drainage facilities and sidewalks will be required along these roads. Central Arkansas Transit does not serve this site. The closest bus route is Route 14, Rosedale and comes as far west as Shackleford Road between Colonel Glenn Road and 36th Street. This is over a mile to the east and north of the parcel requesting annexation. There is a 16-inch water main along Lawson Road from Colonel Glenn Road south to Lawson Cut-off Road and proceeding south along David O Dodd Road. July 14, 2011 SUBDIVISION ITEM NO.: 14 (Cont.) FILE NO. A-321 4 From Lawson Cut-Off Road to the west the line is a 12-inch line. The closest wastewater line is along David O Dodd Road at Lawson Cut-Off Road and is an 8-inch line. The Wastewater utility has indicated there would be a need for a sewer main extension to serve the area, and the owner/developer would be responsible for getting the sewer serve to the site. This site would have primary fire protection from Station 14, Colonel Glenn Road some 3 miles away to the east. The Little Rock Fire Department has indicated any annexation would have an impact on the delivery of emergency services. They believe there would be an increase in run volume. Some of the frontage is already within the City of Little Rock, thus police already have patrol of the street in front of the site requesting annexation. Staff Recommendation: -Forth Coming- PLANNING COMMISSION ACTION: (JULY 14, 2011) Staff indicated this item could be placed on the consent agenda for approval. By a vote of 10 for and 0 against the consent agenda was approved. a LU LU �r 0 cn 0 \\ V W F`..' Q 3 Igloo I moll 1111 milli 0 Bill milli, logo 11 I'm MEMO III Niglio Mal looloom COSCICCOCE go milli IN Emilio oil mill NINON 111 100 III him 3 161, zz1 G) ry�ry V ML W 1 W`�''� V i C) m LLI cn w LU JQ MEMO Mal COSCICCOCE milli IN mill NINON 111 100 III him 161, zz1 G) ry�ry V ML W 1 W`�''� V i C) m LLI cn w LU JQ July 14, 2011 There being no further business before the Commission, the meeting was adjourned at 6:07 p.m. (� � l f ate