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pc_08 25 2011sub LITTLE ROCK PLANNING COMMISSION SUBDIVISION HEARING SUMMARY AND MINUTE RECORD AUGUST 25, 2011 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present there being nine (9) members present. II. Members Present: Tom Brock William Changose Janet Dillon J. T. Ferstl Keith Fountain Troy Laha Obray Nunnley, Jr. Bill Rector Amy Pierce Members Absent: Rebecca Finney Dan Harpool City Attorney: Cindy Dawson III. Approval of the Minutes of the July 14, 2011 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION SUBDIVISION AGENDA AUGUST 25, 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-8659 Pop’s Pool Hall Short-form PCD, located at 4308 Asher Avenue. C. Z-8660 McDaniel Short-form PD-R, located at 11100 Legion Hut Road. D. Z-5805-B 11820 Chicot Road Short-form PCD, located at 11820 Chicot Road. E. 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. NEW BUSINESS: I. PRELIMINARY PLAT: Item Number: File Number: Title: 1. S-1426-C Glenn Ridge Crossing Revised Preliminary Plat; located along Colonel Glenn Plaza Loop, west of I-430, South of Colonel Glenn. II. PLANNED DEVELOPMENTS: Item Number: File Number: Title: 2. Z-4565-C Lot 2, Kanis/Shackleford Subdivision Short-form PD-C, II; located at Lot 2, Kanis/Shackleford Subdivision, on the south side of the 10700 Block of Kanis Road. Agenda, Page Two II. PLANNED DEVELOPMENTS: (CONTINUED) Item Number: File Number: Title: 3. Z-6957-O Lots 17 and 18, Colonel Glenn Centre Short-form POD; located on proposed Lots 17 and 18, Colonel Glenn Centre, #9 and #15 Remington Drive. 4. Z-8684 Hurd Short-form POD; located at 201 and 203 N. Van Buren. 5. Z-8685 Watts Short-form POD; located at 11517 Kanis Road. 6. Z-8686 Elmwood Condominiums Short-form PD-R; located at 600 N. Elm Street. III. OTHER BUSINESS: Item Number: File Number: Title: 7. LA-0039 Lots 1-3, Chenal/Kanis Subdivision Advance Grading Land Alteration Variance; located on Lots 1-3, Chenal/Kanis Subdivision, on the north side of Chenal Parkway at west Kanis Road. "III -�� • .I, r .d ..r' `���.. T } . LL' Cif Cf) '.a N Lo lit ON ^aYPot]Hl We N I j ERSTA -rF 5 3( 1S , '�' 15 Wow ••r•} O Oi303HB �14.....— - -" gpCM ST AA0b000Mu S 7 of +r a z n''Ir F z l .. ,.- 2 S`JN1ydS pliV'1!H r ' (Phl9 k1iVd 6IV'4 f 1 x7 IX Vu?s2r3nitins _ r�rr aHSfiMltld5'es3Aay I t is 0- edissmmw u` w j nMa�laro`a / ON HJOnU353a } . 1 Nwo.� C4 t. � Oki SfO>;fvS F a y t� z w _ �✓ ;�, j,% � p� � s � er3xvesa�sr�i � F 1 :' ,� li, �" ° a ,I�•• e:�..�r...� �� �- o F � w F ? as NVNIIfIS � ' Qa.LNVAAais s L.F 1 f TZ �.. Hsavwr .� 09E AVMH9IH k � � : L..r..r.r••'�'r q '� 4 o a C2f SNWVdS a -1-* QNlf3d x m U) August 25, 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 August 25, 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. August 25, 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. August 25, 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. August 25, 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 August 25, 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. August 25, 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 August 25, 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. August 25, 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. August 25, 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. STAFF UPDATE: The applicant submitted a revised site plan to staff addressing staff’s concerns regarding existing trees on the site. It appears one tree greater than 14-inches, an 18- inch willow oak, will be removed during construction. The tree proposed for removal is located within the northeastern portion of the site on proposed Lot 2. The removal of the tree is necessary to provide parking on this lot. A note on the site plan indicates all other trees will be retained and preserved during construction. Staff has provided the City’s Urban Forester with a copy of the site plan and requested comment concerning the tree removal. As of this writing the Urban Forester has not responded to staff. Modifications have been made to the site plan to aid in minimizing the neighborhood’s concerns. The site plan indicates four lots with one house facing Park Street and another facing Dennison Street with two houses which will appear to be “carriage houses” or ancillary structures facing and taking access from 13th Street. The two “carriage houses” will be single-family residences on individual lots of record. This is being done to preserve the character of the neighborhood. The style of having a “main house” and “carriage house” is not uncommon in the neighborhood. The “main house and carriage house” package will be offered as one package to prospective buyers for ownership and rental property. If this is not marketable, then the “main house” and “carriage house” will be marketed separately. The front setback for the homes fronting South Dennison and Park Streets is indicated at 15-feet. The front setback for the homes located on West 13th Street are indicated at 5-feet. The rear yards for the homes fronting South Dennison Street and Park Street are indicated at 15-feet. The rear yard for the homes fronting West 13th Street are indicated at 5-feet. All side yard setbacks are indicated at 5-feet. The DOD states the front yard setback shall be 15-feet. All other setbacks shall be as prescribed by the property’s zoning district. The fronts of the homes located on West 13th Street and all rear yard setbacks do not comply with the typical standards of the DOD or the zoning district. The applicant has indicated the development will comply with all other aspects of the Central High DOD with regard to building design, construction materials, tree plantings and the placement of mechanical equipment. August 25, 2011 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-8646 11 Staff is supportive of the request. Staff does not feel the proposal to allow redevelopment of this site with four units of residential housing will adversely impact the area. PLANNING COMMISSION ACTION: (AUGUST 25, 2011) The applicant was present. There were no registered objectors present. Staff presented the item stating the City’s Urban Forester had reviewed the plan and had approved the removal of the tree located at the northeastern portion of the site. Staff stated the applicant would be required to plant two trees in the front yard of each of the homes, a total of eight (8) trees, to comply with the Central High Design Overlay District requirements. Staff stated the Central High Neighborhood Association had provided them with a letter of support for the development as currently proposed. Staff stated to their knowledge there are no remaining outstanding technical issues associated with the request. Staff presented a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report 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. August 25, 2011 ITEM NO.: B 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. August 25, 2011 SUBDIVISION ITEM NO.: B (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. STAFF UPDATE: There has been no contact by the applicant concerning this request. Staff recommends this item be withdrawn without prejudice. PLANNING COMMISSION ACTION: (AUGUST 25, 2011) The applicant was not present. There were no registered objectors present. Staff presented the item stating there had been no contact by the applicant concerning this request. Staff presented a recommendation of withdrawn of the item without prejudice. 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. August 25, 2011 ITEM NO.: C 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. August 25, 2011 SUBDIVISION ITEM NO.: C (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. August 25, 2011 SUBDIVISION ITEM NO.: C (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 August 25, 2011 SUBDIVISION ITEM NO.: C (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. August 25, 2011 SUBDIVISION ITEM NO.: C (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. August 25, 2011 SUBDIVISION ITEM NO.: C (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. August 25, 2011 SUBDIVISION ITEM NO.: C (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. STAFF UPDATE: The applicant has not met with staff nor the neighborhood association concerning the proposed request. Staff continues to not support the request. The applicant has requested two previous deferrals for this item. Staff recommends the item be withdrawn from consideration, without prejudice, to allow the applicant time to design the site plan and meet with staff and the neighborhood association concerning issues which have been raised by both. PLANNING COMMISSION ACTION: (AUGUST 25, 2011) The applicant was not present. There were no registered objectors present. Staff presented the item stating there had been no contact by the applicant concerning this request. Staff presented a recommendation of withdrawn of the item without prejudice. 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. August 25, 2011 ITEM NO.: D 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. August 25, 2011 SUBDIVISION ITEM NO.: D (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. August 25, 2011 SUBDIVISION ITEM NO.: D (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 August 25, 2011 SUBDIVISION ITEM NO.: D (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. August 25, 2011 SUBDIVISION ITEM NO.: D (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. August 25, 2011 SUBDIVISION ITEM NO.: D (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 August 25, 2011 SUBDIVISION ITEM NO.: D (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. STAFF UPDATE: The applicant submitted a request dated July 21, 2011, requesting withdrawal of this item without prejudice. Staff is supportive of the withdrawal request. PLANNING COMMISSION ACTION: (AUGUST 25, 2011) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated July 21, 2011, requesting withdrawal of this item without prejudice. Staff stated they were supportive of the withdrawal request. There was no further discussion of the item. The Chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. August 25, 2011 ITEM NO.: E 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. August 25, 2011 SUBDIVISION ITEM NO.: E (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. August 25, 2011 SUBDIVISION ITEM NO.: E (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. August 25, 2011 SUBDIVISION ITEM NO.: E (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 August 25, 2011 SUBDIVISION ITEM NO.: E (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. STAFF UPDATE: There has been no change to the application request since the previous staff analysis and recommendation. Staff continues to recommend denial of the request. August 25, 2011 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: Z-8675 6 PLANNING COMMISSION ACTION: (AUGUST 25, 2011) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a letter dated August 15, 2011, requesting a deferral of this item to the October 6, 2011, public hearing. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The Chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. August 25, 2011 ITEM NO.: 1 FILE NO.: S-1426-C NAME: Glenn Ridge Crossing Revised Preliminary Plat LOCATION: Located along Colonel Glenn Plaza Loop, west of I-430, South of Colonel Glenn Road DEVELOPER: Glenn Ridge Crossing LLC 1501 North University Avenue, Suite 740 Little Rock, AR 72207 ENGINEER: Robert D. Holloway The Holloway Firm, Inc. 200 Casey Drive Maumelle, AR 72113 AREA: 52.916 acres NUMBER OF LOTS: 10 FT. NEW STREET: 0 LF CURRENT ZONING: C-3, C-4 and Expired PCD PLANNING DISTRICT: 12 – 65th Street West CENSUS TRACT: 24.05 VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: On May 18, 2004, the Little Rock Planning Commission approved a preliminary plat for 13.2 acres containing 12 lots. A revision to the preliminary plat was approved by the Little Rock Planning Commission on March 17, 2005, expanding the subdivision and allowing 8 lots within 30.56 acres. On May 8, 2008, the Little Rock Planning Commission reviewed a revision to the preliminary plat. The plat area was expanded to 53 acres and contained 10 lots. On July 18, 2008, a final plat for Lot 4 and the right of way dedication for Colonel Glenn Plaza Loop was filed for record with the Pulaski County Circuit Clerks Office. Although there are other lots which have developed within the proposed plat area these areas have not been final platted. On October 21, 2003, 53.24 acres was rezoned (Ordinance 18,866) from R-2, Single- family to C-3, General Commercial District. In addition to the rezoning to C-3, General Commercial District the south and west 50-feet of the overall tract was zoned “OS” August 25, 2011 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-1426-C 2 Open Space, with the following conditions placed on the overall property, which includes the proposed plat area: • The east 50-feet of property will be a landscape buffer, with all trees having a caliper of four (4) inches or greater being preserved. • A tree survey of the east 50-feet of the property must be submitted to staff prior to any permits being issued for development. On April 5, 2005, Lo1 1 (8.793 acres) was rezoned from C-3, General Commercial District to C-4, Open Display District with the following conditions: • The east 50-feet of the property will be a landscape buffer, with all trees having a caliper of four (4) inches or greater being preserved. • A tree survey of the east 50-feet of the property must be submitted to staff prior to any permits being issued for development. • The only permitted use of the property will be automobile display sales and service On June 3, 2008, the Little Rock Board of Directors adopted Ordinance No. 19,976 rezoning 12.7 acres from C-3, General Commercial District to PCD to allow the development of the site with automobile sales with an auto auction. On August 11, 2011, the Little Rock Planning Commission approved a request to rezone Lot 2 (2.023 acres) from C-3 with conditions and C-4 with conditions to C-4 with conditions. The conditions approved by the C-4 zoning request were the same conditions placed on the April 5, 2005, zoning approval for Lot 1. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is now proposing to amend the previously approved preliminary plat to allow the creation of ten (10) lots within an area containing 53+ acres. The lots range in size from 2.023 acres to 8.488 acres. The lots are indicated with building setbacks consistent with the C-3, General Commercial District and C-4, Open Display District. The PCD located within the center of Colonel Glenn Plaza Loop has expired. The underlying zoning of this area is C-3, General Commercial District. B. EXISTING CONDITIONS: The general area contains a mixture of uses and zoning. An auto dealership is located within the northern portion of the proposed plat area and Playtime Pizza is located within the southern portion of the plat area. There is also a large amount of undeveloped property located within the plat area. The center of Colonel Plaza Loop contains a vacant property presently zoned PCD which August 25, 2011 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-1426-C 3 recently expired. The perimeter zoning of the plat area was approved containing a 50-foot zoned “OS” Open Space buffer along the southern and western perimeters. Undeveloped R-2, Single-family zoned property is located beyond the “OS” buffer along the southern perimeter. Beyond the “OS” buffer to the west is a public school accessed from David O Dodd. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received one informational phone call from an area property owner. All abutting property owners were notified of the public hearing. There is not an active neighborhood association located within this area. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. A total of only one curb cut for a driveway will be allowed for Lots 2 and 3. 2. Fill material is being placed in the low area within Colonel Glenn Plaza Loop without a grading permit. A grading permit was not issued for the filling activity. Also, a land alteration variance was requested for this area to filled and it was denied by the Planning Commission. All current filling and future filling in this low area must cease until a grading permit has been issued for the filling activity with construction imminent. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required with easements for this project. Contact Little Rock Wastewater Utility for additional information. Entergy: Easements are required along Lots 5 – 8 abutting Colonel Glenn Plaza Loop. Contact Entergy for additional information. 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 water service must be met. 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 August 25, 2011 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-1426-C 4 and installation will be inspected by an engineer, licensed to practice in the State of Arkansas. Execution of Customer Owned Line Agreement is required. Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health and the Little Rock Fire Department is required. Contact Central Arkansas Water regarding the size and location of all connections including metered connections off the private fire system. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by 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 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: No comment. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (August 4, 2011) Eric Holloway and Cliff McKinney were present representing the application. Staff presented the item and noted little additional information was needed. Staff requested the source of title of the landowners be noted on the plat. Public Works comments were discussed. Mr. Holloway agreed to comply with driveway spacing comments. He stated he was not aware of the filling activity taking place. August 25, 2011 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-1426-C 5 He said a plan for development for the site in question would likely be on the Commission’s next agenda which would perhaps address the issue. The Committee determined there were no other issues and forwarded the item to the full Commission. H. ANALYSIS: The applicant submitted a revised preliminary plat to staff addressing the issues raised at the August 4, 2011, Subdivision Committee meeting. The revised plat indicates the source of title of the landowners. The applicant has indicated the drives will comply with staff’s comments noted above. The request is to amend the previously approved preliminary plat to allow the creation of ten (10) lots within an area containing 53+ acres. The lots range in size from 2.023 acres to 8.488 acres. The lots are indicated with building setbacks consistent with the C-3, General Commercial District and C-4, Open Display District. The front building line for C-3, General Commercial District zoned property is 25-feet. The C-4, Open Display Zoning District requires a front yard setback of 45-feet. Lots 1 and 2 will require a 45-foot front building line. Lots 3 through 10 will require a 25-foot front building line. The lot areas exceed the 14,000 square foot minimum lot size per the zoning districts. Staff does not feel the revision to the preliminary plat as proposed will significantly impact the development or the area. To staff’s knowledge there are no remaining outstanding technical issues associated with the request. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. PLANNING COMMISSION ACTION: (AUGUST 25, 2011) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. There was no further discussion of the item. The Chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. August 25, 2011 ITEM NO.: 2 FILE NO.: Z-4565-C NAME: Lot 2, Kanis/Shackleford Subdivision Short-form PD-C, II LOCATION: Located at Lot 2, Kanis/Shackleford Subdivision, on the South side of the 10700 Block of Kanis Road DEVELOPER: Panera Bread, LLC c/o Flake and Kelly Commercial 425 West Capitol Avenue, Suite 300 Little Rock, AR 72201 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 1.63 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: O-3, General Office District ALLOWED USES: Office PROPOSED ZONING: PD-C PROPOSED USE: Restaurant VARIANCES/WAIVERS REQUESTED: 1. A variance from the minimum driveway spacing requirement to allow a Right- in/Right-out driveway located on Kanis Road. 2. A variance from the City’s Buffer Ordinance requirement to allow the eastern land use buffer to be cleared and contained within a utility easement. BACKGROUND: On January 8, 2009, the Little Rock Planning Commission withdrew a request to allow the rezoning of 1.63 acre from O-3, General Office District to PCD. The approval also would have allowed the creation of two (2) lots one being a lot without public street frontage. Lot 1 was proposed with the development of a 2,900 square foot restaurant. August 25, 2011 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: Z-4565-C 2 Lot 2 was proposed for future development as an office use. A variance from the minimum driveway spacing requirement was proposed to allow a “right out” only driveway on Kanis Road. On October 5, 2009, the Little Rock Planning Commission approved a request to rezone this 1.63 acres from O-3, General Office District to PCD to allow construction of a hotel. Fairfield Inn and Suite Hotel, which is a division of Marriot Hotels, proposed the construction of a three story 80-room facility. The hotel was proposed with a covered canopy facing to the west and a two story parking deck adjacent to Kanis Road. At the request of the applicant the item was not forwarded to the Board of Directors for final action. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is now proposing construction of a Panera Bread restaurant with drive-thru service. The building contains 4,400 square feet with approximately 68 parking spaces. Hours of operation are from 6:00 am to 9:00 pm Monday thru Saturday and 7:00 am to 8:00 pm on Sunday. The request includes the placement of a pylon sign 36-feet in height and 160 square feet in area at the northwest corner of the property. Access to the site will be from a shared driveway along the western edge of the property and through the existing bank branch at the southwest corner of the property to the rear parking area. The applicant is requesting a variance from the driveway spacing criteria to allow an exit driveway at the northeast corner of the property. The additional exit will allow customers exiting the drive thru lane to turn right onto Kanis Road which will allow more efficient circulation within the development. According to the applicant it is anticipated a large portion of the customer base will come from the Baptist Health complex located to the east on Kanis Road. B. EXISTING CONDITIONS: Kanis Road adjacent to the site has been constructed to Master Street Plan standard. The sidewalk is in place along the property frontage. The site is tree covered with a single-family residence located to the east of the site fronting Kaufman Road. There are other single-family homes located along Kaufman Road. There are a number of zoning classifications within the area. This site is zoned O-3, General Office District as is the Bancorp South Bank property. The property to the west, Mamma Bea’s Big Burger is zoned O-2, Office and Institutional District as is property located to the south, fronting South August 25, 2011 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: Z-4565-C 3 Shackleford Road, containing hotels, restaurant uses and the Heart Hospital. Across South Shackleford Road is property zoned PCD, O-3, General Office District, C-2, Shopping Center District and C-3, General Commercial District which has developed with a number of uses including a convenience store, hotels, automobile dealerships and general office uses. North of the site is a large insurance company office complex, Arkansas Farm Bureau, and a daycare facility, Kidco. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received an informational phone call from an area property owner’s representative. All property owners located within 200-feet of the site, all residents, who could be identified, located within 300 feet of the site and the John Barrow Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 2. 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. 3. Kanis Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. An additional 10 feet of right of way, measured from the centerline of the right- of-way, for a future left turn lane should be dedicated. 4. With site development, provide the design of street conforming to the Master Street Plan. An in-lieu contribution should be made for one half street improvements on Kanis Road for future dual left turn lanes with the planned development. Contact Bill Henry of Traffic Engineering (379-1816) concerning the proposed design of Kanis Road per the Master Street Plan. 5. Sidewalks with appropriate handicap ramps are required along the 30 foot common access easement in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. 6. Stormwater detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. August 25, 2011 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: Z-4565-C 4 7. Retaining walls designed to exceed 15 feet in height are required to seek a variance for construction. If retaining walls will be installed, provide proposed wall elevations. 8. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). 9. If disturbed area is one (1) or more acres, obtain a NPDES stormwater permit from the Arkansas Department of Environmental Quality prior to the start of construction. 10. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. Due to the location of the east right out only driveway location a variance must be requested. 11. The driveway entrance from the shared access easement must be redesigned due to the proposed plan has vehicles backing into the driveway entrance and vehicles accessing the south parking lot traveling northbound on the access easement. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: Easements are required around the perimeter of the site. Contact Entergy for additional information. 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 water service must be met. 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. Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of August 25, 2011 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: Z-4565-C 5 water facilities and/or fire service. Approval of plans by the Arkansas Department of Health and the Little Rock Fire Department is required. Contact Central Arkansas Water regarding the size and location of all connections including metered connections off the private fire system. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by 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 a 20-foot wide access. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: Approved as submitted. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the I-430 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 applied for a rezoning from O-3, General Office District to PD-C to allow construction of a restaurant with drive-through. Master Street Plan: Kanis 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 Kanis 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. August 25, 2011 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: Z-4565-C 6 Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. A 9 foot wide perimeter landscaping strip is required along every perimeter of the property. 3. An automatic irrigation system is required. 4. Other areas set aside appear to meet with minimal ordinance requirements. 5. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (August 4, 2011) Joe White was present representing the application. Staff presented the item and noted additional information was needed regarding signage, dumpster location and service hours and any proposed outdoor dining area. Staff noted the order board for the drive through needed to be screened to comply with Code. Staff made note of the driveway at the south end of the site and asked if there was an access easement or agreement to allow the driveway to cross onto the neighboring bank property. Public Works and landscape comments were discussed. Staff noted a variance would need to be requested to allow the east driveway onto Kanis Road. Staff said the variance would be supported for the right-out only driveway. The location and design of the internal driveway off of the access easement was discussed. Mr. White stated he would work with staff to address any concerns. Staff asked the Committee if it would be appropriate to limit the approval to the specifically proposed use, Panera Bread. Staff stated the plan showed a restaurant with drive-through service. Concern was noted that some drive-through restaurants generate much more traffic than others and this site was not conducive to a drive-through with a large traffic volume. Public Works staff stated their review was based on a Panera Bread restaurant which was not anticipated to be a large drive-through traffic generator. They stated other drive-throughs would have caused them to require a traffic study. Mr. White stated he would prefer not to have the approval tied to a specific user. Commissioner Rector asked if the approval could be tied to a specific traffic number; such as that anticipated by the City’s Traffic Engineer to be generated by the Panera Bread use. Staff replied they would look into the matter. August 25, 2011 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: Z-4565-C 7 The applicant was advised to respond to staff issues by August 10, 2011. The Committee determined there were no other issues and forwarded the item to the full Commission. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing the issues raised at the August 4, 2011, Subdivision Committee meeting. The revised plan has addressed signage, dumpster location and service hours and any proposed outdoor dining area. The request includes a deferral of the requested in-lieu contribution for improvements to Kanis Road. The request also includes the allowance of grading the entire land use buffer along the eastern perimeter. The request is for approval of a PD-C to allow the construction of a restaurant with drive-thru service. The building is proposed containing 4,400 square feet and approximately 68 parking spaces. The site plan indicates an area of outdoor dining located in front of the building containing 1,750 square feet. Parking for a restaurant is based on one parking space per 100 gross square feet of building space including outdoor dining areas. Based on the square footage proposed for the restaurant within and outside the building a total of 61 parking spaces would typically be required to serve the restaurant use. Hours of operation are from 6:00 am to 9:00 pm Monday thru Saturday and 7:00 am to 8:00 pm on Sunday. The revised site plan indicates the placement of a dumpster along the eastern perimeter of the site. The applicant has not limited the hours of dumpster service. Staff recommends as long as the adjacent uses to the east are residential the hours of dumpster service be limited to daylight hours. The request includes the placement of a pylon sign 36-feet in height and 160 square feet in area at the northwest corner of the property. Building signage is proposed on the front façade of the building not to exceed ten (10) percent of the façade area. Access to the site will be from a shared driveway along the western edge of the property and through the existing bank branch at the southwest corner of the property to the rear parking area. The plan also includes a right-in/right-out drive on Kanis Road. The applicant is requesting a variance from the driveway spacing criteria to allow this exit driveway which is proposed at the northeast corner of the property. According to the applicant the additional exit will allow customers exiting the drive thru lane to turn right onto Kanis Road which will allow more efficient circulation within the development. August 25, 2011 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: Z-4565-C 8 The request includes a variance from the buffer ordinance requirements to allow the eastern buffer to be graded and allow the utility easement to serve as the required buffer. There is an existing sewer line located within the required buffer area. The buffer ordinance states a minimum of seventy percent of the land use buffer shall be undisturbed. The right of way of any utility easement shall not be used in computing the depth or area of land use buffer in developments abutting property used or zoned for single-family or two-family use under R-1, R-2, R-3, R-4, PRD and PDR. The two properties located immediately east of the site are presently being used as single-family. Concerns have been raised regarding potential future restaurant users providing drive-through service and traffic volumes generated by the potential future user. The applicant has offered as a condition that any future restaurant user providing drive-through service be reviewed by the City’s Traffic Engineer to determine the potential traffic volumes produced by the user and the circulation impact of the user on the site and any adjacent site or City street. Should the user and staff not reach an agreement the item would then be reviewed by the Planning Commission and Board of Directors as a revision to the PD-C zoning. The applicant has not addressed staff’s concerns related to the internal circulation of the site. Staff and the applicant are working to resolve this concern and to provide the best overall circulation within the development to limit potential impacts on the adjacent sites and the City’s street network. I. STAFF RECOMMENDATION: Staff recommendation is forthcoming. PLANNING COMMISSION ACTION: (AUGUST 25, 2011) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had addressed their concerns related to the internal circulation of the site. Staff stated the applicant had also addressed their concerns related to a future user of the site by limiting the use of the property to Panera Bread. Staff stated based on the revised site plan and limiting the use to this specific user they were supportive of the request. Staff stated their knowledge there are no remaining outstanding technical issues associated with the request. Staff presented a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff presented a recommendation of approval of the variance request from the minimum driveway spacing requirement to allow a right-in/right-out driveway located on Kanis August 25, 2011 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: Z-4565-C 9 Road. Staff also presented a recommendation of approval of the variance request from City’s Buffer Ordinance requirement to allow the eastern land use buffer to be cleared and contained within a utility easement. 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. August 25, 2011 ITEM NO.: 3 FILE NO.: Z-6957-O NAME: Lots 17 and 18, Colonel Glenn Centre Short-form POD LOCATION: Located on proposed Lots 17 and 18, Colonel Glenn Centre, #9 and #15 Remington Cove DEVELOPER: Remington Road Centre LLC c/o McGetrick and McGetrick Engineers 10 Otter Creek Court, Suite A Little Rock, AR 72210 ENGINEER: McGetrick and McGetrick Engineers 10 Otter Creek Court, Suite A Little Rock, AR 72210 AREA: 3.22 acres NUMBER OF LOTS: 2 FT. NEW STREET: 0 LF CURRENT ZONING: O-3, General Office District ALLOWED USES: Office PROPOSED ZONING: POD PROPOSED USE: Office-Warehouse/O-3, General Office District VARIANCES/WAIVERS REQUESTED: 1. A variance from the City’s Land Alteration Ordinance to allow advanced grading of the lots with the issuance of a building permit for one of the proposed buildings. 2. A variance from the Subdivision Ordinance to allow the creation of a four way intersection closer than 75-feet from the curb line of the street. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is requesting a rezoning of 3.22 acres from O-3, General Office District to POD to allow development of two lots with individual buildings containing office warehouse uses. The buildings are proposed containing 15,500 August 25, 2011 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-6957-O 2 square feet. There are 53 parking spaces proposed on Lot 17 and 54 parking spaces proposed on Lot 18. The maximum building height proposed is 28-feet. The cover letter indicates the hours of operation will be 24-hours per day seven (7) days per week. B. EXISTING CONDITIONS: The site is located in an area that is developing with new commercial, office and light industrial uses. The properties immediately adjacent to the tract are zoned O-3. A Conditional Use Permit was approved to allow development of the lot located to the east of the site with office/showroom/warehouse. There are undeveloped R-2, Single-family and I-1, Industrial zoned tracts located to the east across Talley Road. Within the industrially zoned area recent approvals have allowed the construction of a clinic and an office/warehouse. A 35-foot wide Open Space zoned strip is located along the south perimeter of this tract. The “OS” zoned tracts allows a buffer to the single family located across Talley Road to the south. North of the site is the Arkansas Baptist Convention State office. Further west of the site on Remington Drive is a hotel and Remington College. Along Talley Road to the north are office uses, a hotel and Tractor Supply. 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 and all residents, who could be identified, located within 300 feet of the site were notified of the public hearing. There is not an active neighborhood association located within the area. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 2. 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. 3. Stormwater detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. August 25, 2011 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-6957-O 3 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. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The width of driveway must not exceed 36 feet. 6. Show driveway locations on the north side of Remington Drive. 7. Provide a letter prepared by a registered engineer certifying the sight distance at the intersections comply with 2004 AASHTO Green Book standards. 8. Retaining walls designed to exceed 15 feet in height are required to seek a variance for construction. Provide proposed wall elevations. 9. In accordance with Section 31-210 (h)(12), access driveways running parallel to the street shall not create a four-way intersection within 75 feet of the future curb line of the street. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: Easements are required along Remington Drive and along the eastern property line. Contact Entergy for additional information. 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 water service must be met. The Little Rock Fire Department needs to evaluate the site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the expense of the developer. Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health and the Little Rock Fire Department is required. Contact Central Arkansas Water regarding the size and location of all connections including metered connections off the private fire system. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed August 25, 2011 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-6957-O 4 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 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 65th Street West 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 applied for a rezoning from O-3, General Office District to POD to allow construction of an office/warehouse building on each lot. Master Street Plan: Remington Drive and Talley Road are both Local Streets. The primary function of a Local Street is to provide access to adjacent properties. Local Streets which are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. These streets have a design standard the same as a Collector. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes shown in the immediate vicinity. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. A nine (9) foot wide perimeter landscaping strip is required along each perimeter of the property. 3. A controlled automatic irrigation system is required. August 25, 2011 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-6957-O 5 4. Prior to the issuance of a building permit, it will be necessary to provide landscape plans stamped with the seal of a Registered Landscape Architect. 5. 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: (August 4, 2011) Patrick McGetrick was present representing the application. Staff presented the item and noted additional information was needed on building materials and design, signage, days and hours of operation and dumpster screening and hours of service. Staff made note of the 35-foot open space buffer along the rear of the site and commented that protective fencing would need to be installed prior to any activity taking place on the site. Staff asked if any alternate uses were being requested. Mr. McGetrick responded that O-3, General Office District uses were also requested. Public Works and landscape comments were discussed. Public Works staff made note of the access driveways running parallel to the street that created a four-way intersection located closer than 75 feet of the curb line of the street. Mr. McGetrick stated he would work on the plan and may have to request a variance to allow the driveway configuration. The applicant was advised to respond to staff issues by August 10, 2011. The Committee determined there were no other issues and forwarded the item to the full Commission. H. ANALYSIS: Mr. McGetrick submitted a revised site plan to staff addressing the issues raised at the August 4, 2011, Subdivision Committee meeting. The applicant submitted the proposed building materials, design, signage, days and hours of operation and dumpster screening as well as hours of service. The development will operate 24-hours per day seven days per week. The dumpster service hours will be limited to 7 am to 6 pm daily. The applicant has indicated building signage and ground signage will comply with signage typically allowed in office zones or a maximum of six (6) feet in height and sixty-four (64) square feet in area for ground signage. Building signage will be limited to ten (10) percent of the façade area on the façade along Remington Cove. No signage is proposed on the façade abutting Talley Road. August 25, 2011 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-6957-O 6 The revised cover letter indicates the buildings will be constructed of brick on all four sides. There may be a combination of other materials on the building including block, stucco and rock. The buildings are proposed with a pitch roof covered with architectural shingles. Windows and glass will be used on all four sides of the buildings. Overhead doors will be installed along the rear of the buildings to allow access to the warehouse area. The site plan indicates the placement of the dumpsters along the southern perimeter of the site. A note is indicated on the site plan stating the dumpsters will be screened via a wood fence or a brick enclosure. The request is to add warehouse as an allowable use for the property retaining the currently allowed O-3, General Office District uses as allowable uses for the property. The site is proposed with development of two (2) 15,500 square foot buildings. Lot 17 is proposed with 53 parking spaces. Lot 18 is proposed with 54 parking spaces. Based on office zoning a total of 38 parking spaces would typically be required to serve an office use. Based on office/warehouse a total of 12 parking spaces would be required. The request includes a variance to allow advanced grading of the site. The applicant has indicated the buildings will be constructed individually but grading must take place on both lots as development occurs. Previously the Commission approved a variance to the City’s Land Alteration Ordinance to allow a larger area including these lots to be cleared prior to development of the entire area. A note on the site plan indicates the wall height proposed along the eastern perimeter will comply with City standards with a maximum height of 15-feet. The request also includes a variance from Section 31-210 (h)(12) to allow the access driveway which is running parallel to the street to create a four-way intersection within 75-feet of the future curb line of the street. The applicant has located the intersection 65-feet from the back of curb. The site plan indicates a 35-foot open space buffer along the rear of the site. This area was a part of the original zoning and must be protected prior to construction. Prior to construction the developer must install protective fencing along the southern buffer and the fencing placement must be field verified by staff prior to any construction activity taking place on the site. Otherwise to staff’s knowledge there are no remaining outstanding technical issues associated with the request. Staff feels the addition of office/warehouse as an allowable use for the property will not significantly impact the development or the area. August 25, 2011 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-6957-O 7 I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comment and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends prior to construction the developer install protective fencing along the southern 35-foot buffer and the fencing placement must be field verified by staff prior to any construction activity taking place on the site. Staff recommends approval of the variance request from Section 31-210(h)(12) to allow the placement of the access drive as proposed. Staff recommends approval of the Land Alteration Variance request to allow grading of both lots with the issuance of a building permit for one of the proposed buildings. PLANNING COMMISSION ACTION: (AUGUST 25, 2011) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comment and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff presented a recommendation prior to construction the developer install protective fencing along the southern 35-foot buffer and the fencing placement was to be field verified by staff prior to any construction activity taking place on the site. Staff presented a recommendation of approval of the variance request from Section 31-210(h)(12) to allow the placement of the access drive as proposed. Staff also presented a recommendation of approval of the Land Alteration Variance request to allow grading of both lots with the issuance of a building permit for one of the proposed buildings. 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. August 25, 2011 ITEM NO.: 4 FILE NO.: Z-8684 NAME: Hurd Short-form POD LOCATION: Located at 201 and 203 North Van Buren DEVELOPER: John M. Hurd 7411 “H” Street Little Rock, AR 72205 SURVEYOR: 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: PCD PROPOSED USE: Single-family, General and Professional Office, Beauty Salon, Mobile Canteen, Residence above Beauty Salon VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is requesting to rezone this site from R-3, Single-family to PCD to recognize existing uses and add a mobile canteen as an allowable use for the site. The site contains a beauty shop which is operating at 201 North Van Buren. The building is a two story building. There is a residence located above the beauty salon. The site also contains a three bedroom dwelling located at 203 North Van Buren. The applicant is requesting the allowance of single-family and general and professional office uses as allowable uses for this structure. The additions to the site are the mobile canteen and a storage building. The mobile canteen is proposed to be located adjacent to the residence. The August 25, 2011 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-8684 2 portable storage building is proposed in the back yard shared by the beauty salon and the single-family residence. The applicant is requesting the placement of electrical services within the portable building to allow him to have access to power when performing maintenance on site as well as to provide power to the mobile canteen. The mobile canteen operates from 11:00 am to 2:30 pm Monday through Friday. The beauty shop operates seven days per week by appointment. There are no exterior modifications proposed to the site. All parking is proposed to remain as currently exists. B. EXISTING CONDITIONS: The site is located one block north of the Van Buren/West Markham Street intersection. Along West Markham Street there are a number of commercial and office uses including a convenience store, banks and restaurant uses. Also in this area of West Markham Street is War Memorial Stadium, the Arkansas Health Department and the Little Rock Zoo. Across Van Buren Street is a PD-O zoned site which has developed as a doctor’s office. A property to the west is zoned PCD which was developed as an extended stay hotel catering to the near by medical facilities. Northwest of the site is a property zoned PCD which is also a medical office use. The area to the east of the site is single-family. 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. Due to the proposed use of the property, the Master Street Plan specifies that A Street 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 North Van Buren Street and A Street. 3. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. August 25, 2011 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-8684 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: No objection. All Central Arkansas Water requirements in effect at the time of water service must be met. Contact Central Arkansas Water regarding the size and location of all connections including metered connections off the private fire system. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by 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: Maintain fire access. Contact the Little Rock Fire Department for additional information. County Planning: No comment received. 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 Suburban Office for this property. Suburban Office provides for low intensity development of office or office parks in close proximity to lower density residential areas to assure compatibility. A Planned Zoning District is required. The applicant has applied for a rezoning from R-2, Single-family to PCD to allow single family, beauty shop, mobile canteen and office uses. August 25, 2011 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-8684 4 Master Street Plan: Van Buren Street 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 Van Buren Street since it is a Minor Arterial. “A” Street is a Local Street. The primary function of a Local Street is to provide access to adjacent properties. Local Streets which are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. These streets have a design standard the same as a Collector. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. 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/when parking is required; the associated landscaping must also be installed per Chapter 15, the Landscape Ordinance requirements. 3. 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: (August 4, 2011) The applicant was not present. Staff presented the item and noted there were few outstanding issues. Staff stated they would contact the applicant to go over the issues. Staff noted there was a mobile diner parked on the site that was part of the PZD request. Staff commented that the City typically required that mobile diner be removed from the site at the end of each business day. The Committee agreed that this mobile diner should be treated as any other in the City and should comply with the procedures, including removal of the unit from the site each day. Staff noted that any conversion of the residence into an office use would require the installation of a properly paved and landscaped parking lot. Public Works and landscape comments were noted. The Committee forwarded the item to the full Commission. August 25, 2011 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-8684 5 H. ANALYSIS: There were no issues raised at the August 4, 2011, Subdivision Committee meeting. The request is to rezone the site from R-3, Single-family to PCD to recognize existing uses and add a mobile canteen as an allowable use for the site and allow a storage building to connect to electrical service. On the site there is a beauty shop which is within a two story building. The salon is located on the first floor with a residence located on the second level. There is also a three bedroom residence on site. Within the rear yard area the owner has constructed a storage building to be used for storage of yard equipment. Within the side yard area of the single-family home a mobile canteen is set up and serves lunch daily. In addition, the request includes the allowance of single-family and general and professional office uses as allowable uses for the three bedroom residential structure. Staff recommends should the house be converted from residential to an office use staff and the applicant review the proposed office use and the potential impact of parking on the site. At the time of change in use a paved parking area will be required to be installed. All improvements must comply with the City’s landscape ordinance requirements. The mobile canteen operates from 11:00 am to 2:30 pm Monday through Friday. The beauty shop operates seven days per week by appointment. The City requires mobile canteens to remain hooked to the vehicle and be removed from the site on a daily basis. Staff recommends the mobile canteen on this site comply with typical City standard and be removed from the site on a daily basis. The applicant has not requested signage for the development. Staff recommends ground signage be limited to signage allowed in office zones should the residential structure be converted to an office use (six feet in height and sixty- four square feet in area). Building signage should be limited to a maximum of ten percent of the front façade abutting Van Buren Street. Staff recommends the salon be allowed signage on the front façade limited to ten percent of the façade area abutting Van Buren Street. There are no exterior modifications proposed to the site. All parking is proposed to remain as currently exists. To staff’s knowledge there are no outstanding technical issues associated with the request. Staff does not feel the rezoning to POD to add the uses as proposed by the applicant will significantly impact the site or the area. August 25, 2011 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-8684 6 I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends should the house be converted from residential to an office use staff and the applicant review the proposed office use and the potential impact of parking on the site. At the time of change in use installation of a paved parking area will be required. All improvements must comply with the City’s landscape ordinance requirements. Staff recommends the mobile canteen be removed from the site on a daily basis. PLANNING COMMISSION ACTION: (AUGUST 25, 2011) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff presented a recommendation that should the house be converted from residential to an office use staff and the applicant would review the proposed office use and the potential impact of parking on the site. Staff stated at the time of change in use installation of a paved parking area would be required and all improvements were to comply with the City’s landscape ordinance requirements. Staff presented a recommendation the mobile canteen be removed from the site on a daily basis. 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. August 25, 2011 ITEM NO.: 5 FILE NO.: Z-8685 NAME: Watts Short-form POD LOCATION: Located at 11517 Kanis Road DEVELOPER: James A Watts 10 Edgestone Little Rock, AR 72205 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 1.53 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family ALLOWED USES: Single-family residential, Non-conforming general and professional office and office warehouse PROPOSED ZONING: PCD PROPOSED USE: General and Professional Office, Office Warehouse and O-3, General Office Use VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The site contains three buildings which have a history of non-residential uses. Building 1 contains 1,250 square feet and was originally constructed in 1957 as a brick and frame single-family home. The building is currently being used as a pediatric therapy clinic and office. Building 2 is a 3,000 square foot metal building constructed in 1978 and is currently being used as an office, shop and warehouse. Building 3 contains 6,000 square feet and was constructed in 1980. This building is being used as an office, shop and warehouse. The proposed future uses of the site are O-3, General Office District uses. In addition the use August 25, 2011 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-8685 2 of Buildings 2 and 3 are proposed as office warehouse, office shop or a contractors office with all uses being inside the building. There are no immediate modifications or upgrades proposed to the existing buildings or the site other than required maintenance and repairs. B. EXISTING CONDITIONS: The property contains a single-family residence which has been converted to an office use and two metal buildings which are currently being used as office/warehouse uses. The property to the east is undeveloped O-3, General Office District zoned property. Southeast of the site is an office building. South is a property zoned POD which was recently approved for development of a parking lot to serve the adjacent office use. There are two properties zoned POD located to the west of the site. One has developed with an office building serving multiple office users. The second is a daycare center which is located in a converted single-family residential structure. North of the site across Kanis Road are two properties zoned POD which are office and office warehouse uses. 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 Gibralter Heights Neighborhood Association and the John Barrow Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Kanis Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. 2. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to Kanis Road including 5-foot sidewalk with the planned development. The new back of curb should be located 29.5 feet from centerline. An in-lieu payment was received for construction of boundary street improvements for the neighboring property to the west at 11523 Kanis Road. 3. An access easement should be provided across the property to the west at 11523 Kanis Road. August 25, 2011 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-8685 3 4. Vegetation must be removed from right-of-way adjacent to neighboring properties to improve sight distance for the east 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 water service must be met. 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. Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health and the Little Rock Fire Department is required. Contact Central Arkansas Water regarding the size and location of all connections including metered connections off the private fire system. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by 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. August 25, 2011 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-8685 4 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 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 applied for a rezoning from R-2, Single- family to POD to allow use of the existing buildings for O-3, General Office District uses, clinic, office, office warehouse or contractor’s office. Master Street Plan: Kanis 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 Kanis 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. No comments; any redevelopment of the site will require compliance with both the City’s Landscape and Buffer Ordinances. 2. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (August 4, 2011) The applicant, James Watts, was present. Staff presented the item and noted additional information was needed regarding days and hours of operation and signage. Staff commented that any expansion of office users could require the addition of more parking on the site and that parking would have to be properly paved and landscaped. Mr. Watts stated he agreed. Public Works and landscape comments were noted. It was explained that required right-of-way dedication would be accomplished in conjunction with this rezoning but street improvements and landscaping would be done with any redevelopment on the site. Staff made August 25, 2011 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-8685 5 note of any area of overgrown landscaping that needed to be cut back or removed to address sight-distance concerns. The applicant was advised to respond to staff issues by August 10, 2011. The Committee determined there were no other issues and forwarded the item to the full Commission. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing the issues raised at the August 4, 2011, Subdivision Committee meeting. The revised cover letter indicates signage will comply with the City’s Sign Ordinance. The applicant has also indicated should an office use locate on the site which generates parking greater than the existing parking located on site then additional parking will be will be constructed to City standard. The site contains three buildings which have a history of non-residential use. The request is to rezone the site from R-2, Single-family to PCD to recognize these historic non-residential uses of the three buildings. Building 1 contains 1,250 square feet and was originally constructed as a brick and frame single-family home. The building is currently being used as a pediatric therapy clinic office. Building 2 is a 3,000 square foot metal building. Building 3 contains 6,000 square feet. Buildings 2 and 3 are being used as an office, shop and warehouse. The proposed future uses of the site is O-3, General Office District uses for all three buildings. In addition the use of Buildings 2 and 3 are proposed as office warehouse, office/shop or a contractors office with all uses being inside the building. There are no immediate modifications or upgrades proposed to the existing buildings or the site other than required maintenance and repairs. Staff is supportive of the applicant’s proposal. The rezoning is to recognize existing uses of the site. Upon redevelopment of the site the applicant will be required to comply with the typical standards of the various City ordinances. 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. August 25, 2011 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-8685 6 PLANNING COMMISSION ACTION: (AUGUST 25, 2011) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. There was no further discussion of the item. The Chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. August 25, 2011 ITEM NO.: 6 FILE NO.: Z-8686 NAME: Elmwood Condominiums Short-form PD-R LOCATION: 600 North Elm Street DEVELOPER: Tim Heiple 319 President Clinton #210 Little Rock, AR 72201 ENGINEER: Central Arkansas Engineering 1012 Autumn Road, Suite 2 Little Rock, AR 72211 AREA: 0.189 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: 3-unit condominium building VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The property was renovated in 2008 converting a five (5) unit apartment building into a three (3) unit condominium. The property is zoned R-2, Single-family with a non-conforming use of R-5. The renovation of the structure was completed and all the units have sold or have a sale pending. The property owner is now requesting to remove the non-conforming zoning classification for the property and rezone the property to PD-R to recognize the three unit use which currently exists. There are no changes to the exterior of the buildings, parking or landscaping. August 25, 2011 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-8686 2 B. EXISTING CONDITIONS: The property is a three unit condominium building located on the northwest corner of Woodlawn and Elm Streets. The area contains a number of uses including multi-family, single-family churches and a City of Little Rock park. 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. A 20 foot radial dedication of right-of-way is required at the intersection of Woodlawn Avenue and Elm Street. 2. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. The sidewalk along Woodlawn Avenue is damaged and should be repaired. 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 water service must be met. Contact Central Arkansas Water regarding the size and location of all connections including metered connections off the private fire system. Fire Department: Approved as submitted. County Planning: No comment. August 25, 2011 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-8686 3 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 dwelling units per acre. The applicant has applied for a rezoning from R-2, Single-family to PDR to recognize existing use as a three-unit residential condominium. Master Street Plan: Lee Avenue is a Collector. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. North Elm Street is a Local Street. The primary function of a Local Street is to provide access to adjacent properties. Local Streets which are abutted by non- residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. These streets have a design standard the same as a Collector. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes shown in the immediate vicinity. Landscape: 1. No comments; existing no changes. G. SUBDIVISION COMMITTEE COMMENT: (August 4, 2011) The applicant, Tim Heiple, was present. Staff presented the item and noted there were no issues. Public Works staff noted the right-of-way dedication for the radius at the intersection and commented that there was an area of the sidewalk that needed repair. The Committee determined there were no other issues and forwarded the item to the full Commission. H. ANALYSIS: There were no outstanding technical issues in need of addressing raised at the August 4, 2011, Subdivision Committee meeting. The applicant has provided in August 25, 2011 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-8686 4 writing an agreement to dedicate right of way, and repair the sidewalk as requested by Public Works staff. The request is a rezoning from the current R-2, Single-family zoning classification to PD-R to recognize an existing three (3) unit condominium development. The property was previously five (5) units with a non-conforming R-5 status. The applicant began renovations in 2008 reducing the number to three (3). The site is a developed site. There are no changes to the exterior of the buildings, parking or landscaping. The site as presently developed works for the tenants of the building. To staff’s knowledge there are no remaining outstanding technical issues associated with the request. Staff does not feel the rezoning to PD-R to recognize this existing use will significantly impact the area. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. PLANNING COMMISSION ACTION: (AUGUST 25, 2011) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. There was no further discussion of the item. The Chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. August 25, 2011 ITEM NO.: 7 FILE NO.: LA-0039 NAME: Lots 1 – 3 Chenal/Kanis Subdivision Advanced Grading Request LOCATION: NW corner of Chenal Parkway and Kirk Road APPLICANT: Chenal Kirk LLC. APPLICANT’S REPRESENTATIVE: White-Daters and Associates AREA: 4.1 Acres CURRENT ZONING: C3 – General Commercial District VARIANCES/WAIVERS REQUESTED: A variance from the Land Alteration Regulations to advance grade without construction being imminent. A. PROPOSAL/REQUEST: Applicant is requesting a variance from the Land Alteration Regulations to advance fill and grade 4.1 acres at approximately 16,900 Chenal Parkway without construction being imminent. The site is located on the north side of Chenal Parkway west of Kirk Road. The 4.1 acres is zoned C-3, General Commercial District. The applicant desires to excavate material from the entire site to balance the cut and fill material on site. After grading is completed, a private east west driveway will be constructed from Kirk Road to Chenal Parkway. The applicant proposes to maintain a 25 foot buffer along Chenal Parkway. Once the site is cleared and the grading is completed, the applicant will re-vegetate all disturbed areas. B. EXISTING CONDITIONS: The 4.1 acre site consists of mature trees. No permits have been issued for development. The property is located on the northside of Chenal Parkway and west of Kirk Road. The area to be cleared is across the street from the Kanis Road West/Chenal Parkway intersection. The property located to the north of the subject property is wooded, undeveloped, and zoned C-3, General Commercial District. The property located to the west of the subject property across Chenal Parkway is wooded, undeveloped, and zoned C-3, General Commercial District. The properties located to the south across Chenal Parkway are cleared, undeveloped, and zoned C-3, General Commercial District and PCD. The property located to the east is the Shell gas station. East across Kirk Road, the properties are developed with offices and zoned C-3, General Commercial District. August 25, 2011 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: LA-0039 2 C. NEIGHBORHOOD COMMENTS: Notifications of the advanced grading application were sent to the Parkway Place Property Owners Association and the St. Charles Community Association. As of the time of writing, staff has not received any inquiries into the variance application. All adjacent property owners including those across streets or alleys from the subject property were given notice. D. ENGINEERING COMMENTS: 1. Are on-site streets or driveways proposed to be constructed without delay when advanced grading activity is completed? 2. If disturbed area is 1 or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 3. Per Section 29-189(d), groups of trees and individual trees that are not to be removed or are located within required undisturbed buffer areas shall be protected during construction by protective fencing and shall not be used for material storage or for any other purpose. 4. Vegetation must be established on disturbed area within 21 days of completion of land alteration activities. 5. Erosion controls must be installed to reduce discharge of polluted stormwater. 6. Provide location of vehicle tracking pad constructed per Little Rock Code Section 29-190(12). Access is recommended to be taken from the transmission line easement if the on-site driveways will not be installed following advanced grading activities. 7. A perimeter buffer strip shall be temporarily maintained around disturbed areas and shall be six percent (6%) of the lot width and depth with a minimum width of 25 feet and a maximum width of 40 feet. A perimeter buffer strip of 40 feet is recommended to be temporarily maintained along Chenal Parkway and next to Shell Gas Station. 8. A grading permit in accordance with section 29-186 (c) & (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. E. SUBDIVISION COMMITTEE: The applicant’s representative, Joe White, was present. Staff presented an overview of the variance application stating the applicant’s desire to advance grade and fill the site. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. August 25, 2011 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: LA-0039 3 F. ANALYSIS: The 4.1 acre site is wooded and located on the north side of Chenal Parkway just west of Kirk Road. The applicant is requesting to advance grade the site without imminent construction. A variance is requested from the Planning Commission for the advanced grading to occur because construction is not imminent. Imminent construction is defined by the Land Alteration Regulations as the installation of a foundation or erection of a structure without unreasonable delay following land alteration activities. The applicant does plan to construct an east- west driveway from Chenal Parkway to Kirk Road along the northern property line which does not meet the definition of imminent construction. The construction access to the site is planned by the applicant to be taken from Kirk Road by way of the transmission line easement due to the curvature of Chenal Parkway. The applicant has also revised the application to maintain a buffer strip of 40 ft from Chenal Parkway and adjacent to the Shell Gas Station. This buffer will be protected by orange fencing. The applicant plans to remove underbrush (vegetation less than 6 inches DBH) and limb up the trees within the buffer strip. The applicant will also re-vegetate all disturbed areas within 21 days of completion of site work. Investigating other areas near this site, advanced grading has already occurred on properties located to the south, southwest, and northwest of the site. These sites have already been cleared. Some of the properties have construction material stockpiled. Staff has been told the material will be removed off those properties to the south in the near future following completion of construction of Kirk Road south, the bridge, and site preparation work at Southwest Power Pool. G. RECOMMENDATION: Staff recommends approval of this variance application. Other properties in the area have been given similar approvals. The applicant is proposing to construct a driveway from Kirk Road to Chenal Parkway following the advanced grading. The applicant is also proposing to maintain a 40 foot temporary buffer strip. If the variance application is approved, staff would recommend the approval be subject to the following conditions: 1. A grading permit will not be issued for the advanced grading until grading and drainage plans for the site and proposed private driveway are approved. 2. Erosion controls must be installed to reduce discharge of polluted stormwater into Rock Creek. 3. At the completion of advanced grading and filling, all disturbed areas should be mulched and revegetated within 21 days. August 25, 2011 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: LA-0039 4 4. A perimeter buffer strip of 40 feet is recommended to be temporarily maintained along Chenal Parkway and next to Shell Gas Station. Underbrush located within the buffer strip can be removed along with limbing up the low lying trees. PLANNING COMMISSION ACTION: (AUGUST 25, 2011) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval. Staff stated the applicant was proposing to construct a driveway from Kirk Road to Chenal Parkway following the advanced grading. Staff stated the applicant was also proposing to maintain a 40-foot temporary buffer strip. Staff stated there recommendation of approval was subject to the following conditions: 1. A grading permit would not be issued for the advanced grading until grading and drainage plans for the site and proposed private driveway are approved. 2. Erosion controls are to be installed to reduce discharge of polluted stormwater into Rock Creek. 3. At the completion of advanced grading and filling, all disturbed areas are to be mulched and revegetated within 21 days. 4. A perimeter buffer strip of 40 feet was to be temporarily maintained along Chenal Parkway and next to Shell Gas Station. The underbrush located within the buffer strip is allowed to be removed along with limbing up the low lying trees. 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. Cl. r� c� c 0 c) c cu CD w u:) U w I'm z t.0 co m w d i W d LU mU -CIO m iLJ U) C) =C��LLJ J Li- d u.._LL = d p0�d o- co Lu ZUF- [Y Cl. r� c� c 0 c) c cu CD w u:) U w I'm z t.0 co m w d i W d August 25, 2411 There being no further business before the Commission, the meeting was adjourned at 4:12 p.m. jib (v 1 it ate 4Ch an Secretary