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pc_11 17 2011sub LITTLE ROCK PLANNING COMMISSION SUBDIVISION HEARING SUMMARY AND MINUTE RECORD NOVEMBER 17, 2011 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present there being ten (10) members present. II. Members Present: Tom Brock William Changose Janet Dillon J. T. Ferstl Keith Fountain Dan Harpool Troy Laha Obray Nunnley, Jr. Bill Rector Amy Pierce Members Absent: Rebecca Finney City Attorney: Cindy Dawson III. Approval of the Minutes of the October 6, 2011 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION SUBDIVISION AGENDA NOVEMBER 17, 2011 OLD BUSINESS: Item Number: File Number: Title: A. S-1676 Dockery Addition Combination Preliminary/Final Plat, located at 12203 Hilaro Springs Road. B. Z-3371-KK The Shoppe’s at Colonel Glenn Lot 15 Zoning Site Plan Review, located on the Northeast corner of Colonel Glenn Road and Colonel Glenn Plaza Drive. C. Z-4745-A Shackleford/Kanis Short-form PD-C, located on the Southeast corner of Kanis Road and Shackleford Road. NEW BUSINESS: I. PRELIMINARY PLAT: Item Number: File Number: Title: 1. S-1680 Riverstone Subdivision Preliminary Plat, located North of I-30, East of Alexander Road and South of Highway 5. II. SITE PLAN REVIEW: Item Number: File Number: Title: 2. S-1681 Hatcher Soccer Complex Subdivision Site Plan Review, located on the Northwest corner of Pinnacle Valley Road and Pinnacle Valley Road. 3. Z-5936-K McDonald’s at the Promenade Zoning Site Plan Review, located at 17601 Chenal Parkway. Agenda, Page Two III. PLANNED DEVELOPMENTS: Item Number: File Number: Title: 4. Z-3168-I Tract C Parkway Place Short-form PD-R, located West of Oak Meadow Drive and South of Parkside Drive. 5. Z-6476-D Coulson Oil Revised Long-form PCD, located at 19500 Cantrell Road. 6. Z-8130-B Arkansas Baptist College Short-form POD, located at 1811 West 16th Street. 7. Z-8295-A Velvatex Beauty College Revised Short-form POD, located at 1520 Dr. Martin Luther King, Jr. Drive. 8. Z-8715 Prather Short-form PD-R, located at 4719 North Lookout. 9. Z-8716 John Cooley Short-form PD-O, located at 24201 Burlingame Road. 10. Z-8717 Williams Short-form PD-R, located at 401 Steven Drive. 11. Z-8718 Union Rescue Mission Short-form PD-O, located at 2921 Confederate Boulevard. November 17, 2011 ITEM NO.: A FILE NO.: S-1676 NAME: Dockery Addition Combination Preliminary/Final Plat LOCATION: Located at 12203 Hilaro Springs Road DEVELOPER: Veronica L. Dockery 12203 Hilaro Springs Road Little Rock, AR 72206 SURVEYOR: Arkansas Surveying and Consulting 1923 Salem Road Benton, AR 72019 AREA: 5.27 acres NUMBER OF LOTS: 2 FT. NEW STREET: 0 LF CURRENT ZONING: This area of the Extraterritorial Planning Jurisdiction does not exercise zoning PLANNING DISTRICT: 14 – Geyer Springs - East CENSUS TRACT: 40.06 VARIANCES/WAIVERS REQUESTED: A variance from Section 31-231 to allow the creation of a lot without public street frontage. The applicant did not follow through with staff with regard to all information necessary to complete this review process. In addition the property has been sold as presented creating an illegal subdivision. City staff is contacting the owner to inform the owner of the illegal subdivision and informing the owner of the necessary steps to resolve this issue. Staff recommends a deferral of the item to the November 17, 2011, Subdivision Public Hearing to allow the applicant time to complete all the necessary paper work, complete the notification requirements and provide staff with all pertinent information concerning the plat request. November 17, 2011 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: S-1676 2 PLANNING COMMISSION ACTION: (OCTOBER 6, 2011) The applicant was not present. Staff presented the item stating the applicant had not followed through with staff with regard to all information necessary to complete the review process. Staff stated in addition the property had been sold as presented by the preliminary plat creating an illegal subdivision. Staff stated they were contacting the owner to inform the owner of the illegal subdivision and informing the owner of the necessary steps to resolve the illegal subdivision issue. Staff presented a recommendation of deferral of the item to the November 17, 2011, Subdivision Public Hearing to allow the applicant time to complete all the necessary paper work, complete the notification requirements and provide staff with all pertinent information concerning the plat request. There was no further discussion of the item. The chair entertained a motion for approval of the item on the consent agenda as presented by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. STAFF UPDATE: Staff has received a letter from Stewart Title indicating the owner did not create a subdivision for the property located at 12203 Hilaro Springs Road. The action was to create a separate parcel number for a piece of their land which has not been subdivided. The reasoning for the separate parcel number was to allow the owners to refinance their home. Staff recommends withdrawal of this item. PLANNING COMMISSION ACTION: (NOVEMBER 17, 2011) The applicant was not present. There were no registered objectors present. Staff stated they had received a letter from Stewart Title indicating the owner did not create a subdivision for the property located at 12203 Hilaro Springs Road. Staff stated according to the title company the action was to create a separate parcel number for a piece of the property owner’s land, which had not been subdivided. Staff stated the reason for the separate parcel number was to allow the owners to refinance their home. Staff presented a recommendation of withdrawal of this item. There was no further discussion of the item. The Chair entertained a motion for approval of the item on the consent agenda as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. November 17, 2011 ITEM NO.: B FILE NO.: Z-3371-KK NAME: The Shoppe’s at Colonel Glenn Lot 15 Zoning Site Plan Review LOCATION: Located on the Northeast corner of Colonel Glenn Road and Colonel Glenn Plaza Drive DEVELOPER: LLEDJL, LLC c/o Leonard Boen P.O. Box 22407 Little Rock, AR 72221 ENGINEER: White Daters and Associates 24 Rahling Circle Little Rock, AR 72221 AREA: 1.48 acres NUMBER OF LOTS: 2 FT. NEW STREET: 0 LF CURRENT ZONING: C-2, Shopping Center District PLANNING DISTRICT: 11 – I-430 CENSUS TRACT: 24.05 VARIANCES/WAIVERS REQUESTED: A variance to allow the creation of a lot with acreage less than the acreage typically required per the C-2, Shopping Center Zoning District. (5-acre minimum) BACKGROUND: A preliminary plat for the subdivision of 81+ acres zoned C-2, Shopping Center District was approved by the Planning Commission at their March 11, 2004, Public Hearing. The applicant intended to subdivide the site into four (4) lots to be marketed for C-2 commercial uses. The minimum lot size proposed was 225 feet by 225 feet or 1.162 acres for three lots, which abutted Colonel Glenn Road with the bulk of the property contained in proposed Lot 4. The three peripheral lots were under separate ownership. November 17, 2011 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-3371-KK 2 On April 22, 2004, the Little Rock Planning Commission approved a site plan review for the development of this 81+ acres as a shopping center and a preliminary plat to create 12 non-residential lots (previously approved Lot 4 of the I-430/Colonel Glenn Subdivision). The project consisted of 484,849 square feet of department stores, retail space and restaurant space. Parking was proposed at 2,546 parking spaces. The developer proposed to subdivide the site into nine (9) lots and three (3) tracts with the remaining property held by the developer. The approval allowed tenants to own property in fee. Bowman Road frontage would be improved to the minor arterial standard as required by the Master Street Plan. Right-of-way dedicated on 36th Street was required, however, a deferral of street improvements until some development occurred on the 36th Street frontage was approved. The Commission approved a variance from the Land Alteration Ordinance to allow the grading of the site with the Phase I development. The development never occurred. On August 16, 2007, the Little Rock Planning Commission approved a Zoning Site Plan Review to allow the development of 81+ acres with a shopping center development. The site plan indicated the placement of 387,065 square feet of retail shops, a 75,000 square foot hotel, 25,000 square feet of restaurant space for a total building area of 487,065 square feet. Parking was proposed at 2,285 spaces. Variances from various ordinance development standards were approved. Two variances from the Land Alteration Ordinance were approved. One to allow advanced grading of a portion of the site with the development of the first phase and second a variance to allow an increased slope. The applicant sought variances from the Subdivision Ordinance to allow the creation of lots without public street frontage. A variance from the Zoning Ordinance to allow a reduced buffer along the northern perimeter and the Interstate Frontage was approved. The request also included a variance from the Zoning Ordinance to allow a reduced building setback for the internal lots. On February 14, 2008, the Little Rock Planning Commission approved a preliminary plat and revised site plan along with a variance from the Land Alteration Ordinance for an 81+ acre area, which included the current site proposed for development. The site plan and preliminary plat were somewhat similar to the previous approval with regard to lot layout and potential building footprints. The revision was for the most part related to the variance request from the Land Alteration Ordinance. The developer requested to grade the entire site with the issuance of a building permit on two (2) buildings located within the 81-acre development area. The developer proposed to not begin any construction or clearing until construction was imminent for the retail building on Colonel November 17, 2011 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-3371-KK 3 Glenn Road, which is Lot 15 of the current request and one (1) of the large lots on top of the hill. During the grading process buffers would remain until additional interior lots were developed. A plan was provided to ensure visibility into the site was obscured during the grading process. A plan for the removal of the temporary buffers and the final development of the lots was also provided. The proposed plat included variances to allow for the development of lots with acreage less than the typical lot size required by the zoning district. On May 2, 2010, the Little Rock Planning Commission approved a Zoning Site Plan Review request for a project containing approximately 5.26 acres identified as Lots 14 and 15 the Shoppe’s at Colonel Glenn. The development was proposed as a mix of office, retail and restaurant users. Lot 14 was proposed as a one-story building with a drive-thru restaurant containing 4,950 square feet and was indicated with the potential for multiple tenants. The building located on Lot 15 was proposed containing two (2) potential restaurant users each containing 6,880 square feet and a drive-thru window service. The remainder of the building was indicated containing 19,200 square feet and was proposed with office and retail uses. The site plan indicated 75 parking spaces on Lot 15 and 204 parking spaces were indicated to serve Lot 14. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The current request contains 1.48 acres located at the northeast corner of Colonel Glenn Road and Colonel Glenn Plaza Drive formerly identified as Lot 15. The property was approved on May of 2010 as apart of a larger site plan with a retail strip in the rear (Lot 14) and a single restaurant user on the hard corner (Lot 15) with separate lots for each. The developer is now proposing to maintain the approved retail strip center on the property to the north (Lot 14) and exchange the single restaurant user for two smaller drive-thru restaurants on the corner (Lot 15). The retail strip along with the two proposed restaurants will sit on individual lots. Parking for the restaurants is less than the required one space for 100 square feet of building area however the overall parking for the three lots exceeds the typical City standard. B. EXISTING CONDITIONS: The site was cleared of trees a number of years ago. A portion of Colonel Glenn Plaza Drive has been constructed and development of an automobile dealership is currently under construction to the north of this site. There are a number of non-residential uses in the area including automobile dealerships, a movie theater, a nursing school and a strip office/showroom/warehouse development. Further southwest of the site is a public school, Fair High School, located on David O Dodd Road. Northwest of the site are single-family homes located along South Bowman Road and West 36th Street. November 17, 2011 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-3371-KK 4 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 and the John Barrow Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Submit a Traffic Study for the proposed project. Study should address trip generation and stacking space for the development and also should take into account existing and projected traffic growth. 2. 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. 3. Stormwater detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. 4. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to Colonel Glenn Road and Colonel Glenn Plaza Drive including 5-foot sidewalks with the planned development. The improvements are installed or under construction. 5. Two (2) way traffic should be provided for vehicles on the southside of the proposed eastern development. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: Easements are required. A 15-foot underground or a 30-foot overhead utility easement is required along the street sides and along the common property line of the two proposed lots for Lot 15. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) are required. They will be installed at the November 17, 2011 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-3371-KK 5 Developer’s expense. Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and the Little Rock Fire Department is required. Contact Central Arkansas Water regarding the size and location of the water meter. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off private fire systems. 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 RPZ assembly, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by Central Arkansas Water. The test results must be sent to Central Arkansas Water’s Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Place fire hydrants per code. Maintain a 20-foot minimum access around the sites perimeter. County Planning: No comment. CATA: Approved as submitted. The site is not located on a dedicated CATA Bus Route. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. This site plan is being reviewed as a whole project; therefore, these requirements apply to all building permits issued. 3. The zoning street buffer ordinance requires an average sixteen-foot (16’) wide street buffer along Colonel Glenn Plaza Drive and in no case to be less than nine feet (9’) in width. November 17, 2011 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-3371-KK 6 4. The landscape ordinance requires a nine (9’) foot wide perimeter landscape strip around the sites entirety; this includes the areas between each lot(s). A variance must be obtained from the City Beautiful Commission for any reduction and must be approved prior to the issuance of a building permit. 5. An automatic irrigation system to water landscaped areas will be required. 6. Prior to the issuance of a building permit, it will be necessary to provide an approved landscape plan stamped with the seal of a Registered Landscape Architect. 7. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (September 15, 2011) Mr. Joe White of White-Daters and Associates was present representing the request. Staff presented the item stating there were few outstanding technical issues associated with the request. Staff requested Mr. White clearly label the lot lines. Staff also stated the order board would require screening per Section 36-298 of the code of ordinances. Staff requested Mr. White provide a signage plan including the location and total area of any proposed building signage. Staff stated the site plan as presented did not comply with the City’s Landscape Ordinance with regard to perimeter landscaping. Public Works comments were addressed. Staff requested Mr. White provide a traffic study or work with the City’s Traffic Engineer concerning the anticipated volumes of traffic on the site. Staff stated although highly unlikely there was a potential for stacking of automobiles onto the abutting City street. Staff stated the City’s detention ordinance would apply to the development of the site. Staff stated street improvements to the abutting City streets was required with the development. Landscaping comments were addressed. Staff stated the landscape ordinance required the placement of a nine (9) foot landscape strip around the site’s perimeter. Staff stated one of the parking spaces along Colonel Glenn Road did not appear to meet the typical ordinance standards and suggested the parking stall be removed to allow for additional green space. The Committee determined there were no other issues and forwarded the item to the full Commission. November 17, 2011 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-3371-KK 7 H. ANALYSIS: The applicant submitted a revised site plan to staff addressing the issues raised at the September 15, 2011, Subdivision Committee meeting. The revised plan has included the landscaping as required by the City’s Landscape Ordinance. The revised plan indicates two-way traffic through the site. The development is proposed as two lots on C-2, Shopping Center District zoned property. The minimum lot size within the C-2, Shopping Center Zoning District is typically five (5) acres. The ordinance states the lots size may be varied in instances where a subdivision site plan and plat proposing peripheral lots and multiple ownerships is approved by the Planning Commission. Lot 15A is proposed with a lot area of 0.94 acres, a building area of 3,400 square feet and a 600 square foot patio area. The building coverage is 9.8 percent and the landscape area is 26.2 percent. 37 parking spaces are indicated on the site plan. 40 parking spaces would typically be required. Lot 15B is proposed with a lot area of 0.68 acres and 3,100 square feet of building area. The building coverage is 10.5 percent and the landscape area if 23.7 percent. 29 parking spaces are indicated on the site plan. 31 parking spaces would typically be required. Each of the lots will have a pole sign 36-feet in height and 160 square feet in area. Building signage will comply with building signage allowed in commercial zones or a maximum of ten percent of the façade area abutting a public street. Lot 15B will have signage along the southern façade. Lot 15A will place signage along the southern and western facades. The days and hours of operation are from 5 am to 1 am seven days per week. The applicant has indicated the menu order boards will be screened as per Section 36-298(1)(a). The site plan indicates the placement of a dumpster on each of the individual lots. A note on the site plan indicates the dumpsters will be screened as typical required by City ordinance. A note on the site plan indicates the maximum building height as 45-feet. The building height is consistent with the building height allowed per the zoning district. The applicant has not provided staff with the requested traffic study. Staff cannot support the request as presented since they are unsure of the volume of traffic the two drive-through restaurants will generate. I. STAFF RECOMMENDATION: Staff recommends denial of the request as filed. November 17, 2011 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-3371-KK 8 PLANNING COMMISSION ACTION: (OCTOBER 6, 2011) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request on October 4, 2001, requesting deferral of this item to the November 17, 2011, public hearing. Staff stated the deferral request was not made within the time frame outlined in the Planning Commission’s By-laws. Staff stated the deferral request would require a waiver of the Commission’s By-laws with regard to the late deferral request. Staff presented a recommendation of approval of the deferral request. There was no further discussion of the item. The chair entertained a motion for approval of the By-law waiver with regard to the late deferral request. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. The chair entertained a motion for approval of the item on the consent agenda as presented by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. STAFF UPDATE: The applicant has not provided staff with any additional information concerning this request. Based on the October 6, 2011, staff write-up, staff continues to request the applicant provide a traffic study. Based on the lack of the traffic study information staff cannot support the request as presented. Staff has concerns and is unsure of the volume of traffic the two drive-through restaurants will generate. Staff continues to recommend denial of the request as filed. PLANNING COMMISSION ACTION: (NOVEMBER 17, 2011) Mr. Joe White of White-Daters and Associates was present representing the request. There were no registered objectors present. Staff stated they had previously raised concerns regarding the development of the site with two restaurant users and the potential impacts these users would have on traffic on the site and on the abutting public streets. Staff stated the applicant had stated that at this time there was not a specific users for the proposed lots and a traffic study was premature. Staff stated the applicant had indicated during the building permit process they would provide staff with a traffic analysis including traffic modeling to provide details of the traffic impact from the restaurant uses both on the site and on the abutting City streets. 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. November 17, 2011 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-3371-KK 9 There was no further discussion of the item. The Chair entertained a motion for approval of the item on the consent agenda as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. November 17, 2011 ITEM NO.: C FILE NO.: Z-4745-A NAME: Shackleford/Kanis Short-form PD-C LOCATION: Located on the Southeast corner of Kanis Road and Shackleford Road DEVELOPER: Watters Corporation 17 Red Cedar Cove Little Rock, AR 72212 ENGINEER: White Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 0.55 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: O-2, Office and Institutional Zoning District ALLOWED USES: Office, Public, Quasi-public PROPOSED ZONING: PD-C PROPOSED USE: Restaurant with drive-through service VARIANCES/WAIVERS REQUESTED: A variance from Sections 30-43 and 31-210 to allow the drives to be located nearer the intersection than typically allowed. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The developer is proposing to raze the current restaurant and construct a new 1,850 square foot restaurant with drive-thru service. The site has been designed to allow one-way traffic, which maximizes the stacking lane for the drive-thru. The developer does not anticipate stacking ten (10) cars at any one time, but wishes to be conservative. As designed, cars should not back through the site and onto the arterial street. The developer is proposing to use the existing curb cuts which do not meet current code, but that currently function for the existing user. The developer is requesting a variance from the driveway spacing ordinance to allow the drives to remain. November 17, 2011 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-4745-A 2 The hours of operation are from 5:00 am to 10:00 pm. The am peak will be the busiest time for this particular user. The developer is requesting a reduction in the typical parking required for a restaurant user. The site as designed has 14 parking spaces rather than the required 18 parking spaces. The developer anticipates that parking will not be an issue with the designed drive-thru service. B. EXISTING CONDITIONS: The site has a vacant restaurant building with a substandard parking lot. To the east of the site is a vacant parcel recently approved for a PD-C to allow a restaurant with drive-thru service for Panera Bread. The property to the east is zoned O-3, General Office District as is the Bancorp South Bank property. O-2, Office and Institutional District zoned property is located to the south, fronting South 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. Northeast 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. Shackleford 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 should be dedicated for the installation of a right turn lane per the Master Street Plan. 2. 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 should be dedicated at arterial-arterial intersections. November 17, 2011 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-4745-A 3 3. A radial dedication of right-of-way is required at the intersection of Shackleford Road and Kanis Road. 4. Sidewalks with appropriate handicap ramps are required to be installed along Shackleford Road and Kanis Road in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. The sidewalk along Kanis Road should be installed at the new right-of-way line. 5. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to Shackleford Road including a right turn lane and 5-foot sidewalks with the planned development. The right turn lane should be installed with a 35-foot radius as shown on the drawing provided by staff. A right turn island will not be installed at this location. The existing traffic signal pole and mast arm will be required to be relocated. No signal loops exists at this intersection. Video detection is used. Contact Bill Henry pertaining to location of traffic signal pole and mast arm at 379-1816. 6. Submit a Traffic Study for the proposed project. Study should address trip generation and stacking space for the development and also should take into account existing and projected traffic growth. 7. Stormwater detention will not apply to the proposed development. 8. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The driveway onto Kanis Road should be right in and right out only with a directional median as shown on staff provided plan. The width of driveway must not exceed 36 feet. 9. Street Improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. 10. Coordinate design of traffic signal upgrade with proposed street improvements. Plans to be forwarded to Traffic Engineering for approval. 11. On site striping and signage plans should be forwarded to Public Works, Traffic Engineering for approval with the site development package. 12. Streetlights are required by Section 31-403 of the Little Rock code. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting/certificate of occupancy. Contact Traffic Engineering 379-1813 (Steve Philpott) for more information. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project on the north side of Kanis Road. Contact Little Rock Wastewater Utility for additional information. November 17, 2011 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-4745-A 4 Entergy: A 30-foot overhead easement is required along the street sides of the proposed development. 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 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. They will be installed at the Developer’s expense. Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and the Little Rock Fire Department is required. Contact Central Arkansas Water regarding the size and location of the water meter. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water requires that upon installation of the RPZ assembly, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by Central Arkansas Water. The test results must be sent to Central Arkansas Water’s Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Place fire hydrants per code. Maintain a 20-foot minimum access around the sites perimeter. County Planning: No comment. CATA: Approved as submitted. The site is located on CATA Bus Route #3, the Baptist Medical Center 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. The applicant has applied for a Planned Commercial Development to allow the development of 0.55 acres with a restaurant containing drive-thru service. November 17, 2011 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-4745-A 5 Master Street Plan: Kanis Road and Shackleford Road are both Minor Arterials. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on these roads since they are Minor Arterials. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes shown in the immediate vicinity. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. The landscape ordinance requires a nine-foot (9’) wide perimeter landscape strip around the sites entirety. This amount should be present after all the required right-of-way dedication. The right of way area cannot counts toward this minimal City ordinance requirement. A variance from this ordinance requirement must be obtained from the City Beautiful Commission prior to the issuance of a building permit. 3. A small amount of building landscaping will be required. 4. The dumpster must be located outside of the nine foot (9’) perimeter landscape strip. G. SUBDIVISION COMMITTEE COMMENT: (September 15, 2011) Mr. Joe White of White Daters and Associates was present representing the developer. Staff stated there were few outstanding technical issues associated with the request. Staff requested Mr. White provide a signage plan for the development. Staff also stated the three (3) parking spaces located along the western portion of the building were to be signed as employee parking only. Staff stated the planting strips were indicated less than the typical ordinance standard and requested Mr. White provide the calculations for the landscaped areas to ensure the ordinance standards were being met. Public Works comments were addressed. Staff stated the turn lane on South Shackleford Road was not designed properly and provided Mr. White with a sketch of the alignment City staff would prefer to be constructed. Staff suggested Mr. White contact the City Traffic Engineer for additional information. Staff also requested a traffic study be conducted. Mr. White questioned this comment. He November 17, 2011 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-4745-A 6 stated traffic studies were expensive and time consuming. Staff suggested Mr. White contact the City’s Traffic Engineer to see if there was other information, which could be provided in-lieu of a traffic study to provide traffic projections for the site. Landscaping comments were addressed. Staff stated there were a number of areas the site plan appeared to be deficient. Staff noted the previous comment which requested landscape area calculations be provided to ensure the Landscape Ordinance requirements were being met. The applicant was advised to respond to staff issues by September 21, 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 a number of the issues raised at the September 15, 2011, Subdivision Committee meeting. The applicant has indicated the perimeter landscaping will comply with the minimum standards of the landscape and buffer ordinances. The revised plan has not addressed staff’s concern related to the driveway along Kanis Road. The request is to rezone the site from O-2, Office and Intuitional to PD-C to allow the redevelopment of this site. The developer is proposing to raze the current restaurant to allow construction of a new 1,850 square foot restaurant with drive-thru service. The site plan is designed to allow one-way traffic to maximize the stacking lane for the drive-thru. The hours of operation are from 5:00 am to 10:00 pm. The am peak will be the busiest time for this particular user. The signage plan has been provided. The site will containing building signage consistent with signage allowed in commercial zones or a maximum of ten percent (10%) of the façade area abutting the public streets. A single pole sign will be placed on the site. The sign will have a maximum height of 36-feet and a maximum sign area of 160 square feet. This is also consistent with signage allowed in commercial zones. The developer is requesting a reduction in the typical parking required for a restaurant user. The site as designed has 14 parking spaces rather than 18 parking spaces, which is typically required by the zoning ordinance. The developer anticipates that parking will not be an issue with the designed drive-thru service. November 17, 2011 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-4745-A 7 The developer has provided staff with traffic counts for Dunkin Donut’s operation from a Memphis store. Based on this store the site is just over half capacity on the drive through window. Based on 60 cars using 35 seconds at the pick-up window, the store is using 60 percent of the capacity of the drive-through lane. The Memphis store has a seven car maximum number in the drive through lane during the peak hour. This site allows a stacking of ten cars with room for an additional four cars stacked across the front of the store. Staff feels the traffic projections provided by the applicant will be near the projections for this site. Staff does not feel the automobiles will cause any stacking onto the City’s public street. Staff feels the approval should be limited to Dunkin Donut’s and any future user should be reviewed as a revision to the PCD. The developer is proposing to use the existing curb cuts which do not meet current code, but that currently function for the existing user. The developer is requesting a variance from the driveway spacing ordinance to allow the drives to remain. The site plan indicates a left turn out on Kanis Road which staff does not support. Although left turns are currently permitted staff does not feel with the redevelopment of the site left turns should continued to be permitted. The existing traffic at this intersection stacks which does not allow sufficient area for persons to safely pull out and make the left turn. Although staff is generally supportive of the request based on the applicant’s request to allow a full service driveway on Kanis Road as indicated on the site plan staff cannot support the project. I. STAFF RECOMMENDATION: Staff recommends denial of the request as filed. PLANNING COMMISSION ACTION: (OCTOBER 6, 2011) Mr. Joe White was present representing the request. There were no registered objectors present. Staff introduced the item. Mr. White requested a deferral of the item to the November 17, 2011, public hearing. There was no further discussion of the item. The chair entertained a motion for approval of the deferral request to the November 17, 2011, public hearing. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. November 17, 2011 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-4745-A 8 STAFF UPDATE: Staff has had conversations with the applicant concerning this request but the applicant has not provided staff with a revised site plan. Based on the current site plan, which continues to allow a full service driveway on Kanis Road, staff cannot support the project. Staff recommends denial of the request as filed. PLANNING COMMISSION ACTION: (NOVEMBER 17, 2011) The applicant was present. There were no registered objectors present. Staff stated the applicant had submitted a revised site plan to them, which included the purchase of property to the east from Bankcorp South. Staff stated this allowed the applicant to gained access to the existing driveway serving Bankcorp South from Kanis Road. Staff stated the revised plan also included the placement of a right in/right out driveway onto Kanis Road on the applicant’s property near the eastern property line. Staff stated the applicant was requesting an in-lieu contribution be made to the City for the required street improvements to Shackleford Road which was the placement of a right turn lane. Staff stated they were supportive of the applicant current site plan and the applicant’s request for the payment of the 15% in-lieu contribution or the cost of constructing the right turn lane which ever was less. 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 Sections 30-43 and 31-210 to allow the drives located on the abutting streets as indicated on the site plan. There was no further discussion of the item. The Chair entertained a motion for approval of the item on the consent agenda as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. November 17, 2011 ITEM NO.: 1 FILE NO.: S-1680 NAME: Riverstone Subdivision Preliminary Plat LOCATION: Located North of I-30, East of Alexander Road and South of Highway 5 DEVELOPER: Willie Aron Jones Family LTD Partnership 1434 Pike Avenue North Little Rock, AR 72118 SURVEYOR: Rodney Young PLS 1510 4929 Riverwind Ponte Drive Evansville, IN 47715 AREA: 31.079 acres NUMBER OF LOTS: 4 FT. NEW STREET: 0 LF CURRENT ZONING: R-7, C-3 and C-4 PLANNING DISTRICT: 16 – Otter Creek CENSUS TRACT: 42.08 VARIANCES/WAIVERS REQUESTED: A variance to allow reduced building setbacks for the existing structures. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: This 31+ acre parcel contains a number of uses including a mobile home park, restaurants, general retail and vacant commercial buildings. The owner is proposing to sell the mobile home park and retain the remaining commercial buildings. Based on the layout of the businesses and the mobile home park four (4) lots will be created. There are variances associated with the plat. The buildings are located nearer the property lines than would typically be allowed per the zoning districts. The applicant has indicated this is an existing condition and the setback requirements can not be met based on the current configuration and land area. November 17, 2011 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-1680 2 B. EXISTING CONDITIONS: The site contains a number of uses; restaurant, liquor store, mobile-home park, convenience store, tattoo parlor, flooring sales, vacant retail buildings and a number of other retail uses. Arterial streets front the site on two (2) sides (north – Stagecoach Road and west – Alexander Road) and the I-30 Frontage Road is located along the south. The Arkansas State Highway Department is currently under contract for widening of Stagecoach Road. Other uses in the area include additional mobile home parks to the east and west, Pulaski Technical College, commercial businesses located on the north side of Stagecoach Road and a cemetery located across the Saline County line. 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. Southwest Little Rock United for Progress was notified on this preliminary plat request. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Alexander 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. An additional 10 feet of right-of-way should be dedicated measured from the centerline of the right-of-way, for a right turn lane. The additional right-of-way will be 250 feet in length measured from the intersecting Stagecoach Road right-of-way. 2. Stagecoach 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. 3. A 20 foot radial dedication of right-of-way is required at the intersection of Alexander Road and Stagecoach Road. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this property. Entergy: Approved as submitted. Center-Point Energy: No comment received. November 17, 2011 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-1680 3 AT & T: No comment received. Central Arkansas Water: The plat should show easements for existing water lines along Jan Drive, Don Drive, Bev Drive and Kaywood Drive. Contact Central Arkansas Water (377-1245) for additional information. All Central Arkansas Water requirements in effect at the time of request for water service must be met. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required they will be installed at the developer’s expense. Please submit plans for water facilities and/or fire protection systems 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 procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and the Little Rock Fire Department is required. Contact Central Arkansas Water regarding the size and location of the water meter. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections off the private fire system. Due to the nature of the facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water requires that upon installation of the RPZ assembly, successful tests of the assembly must be completed by a Certified Assembly Tester licensed in the State of Arkansas and approved by Central Arkansas Water. The test results must be sent to Central Arkansas Water’s Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. A water main extension will be needed to provide water service to this property. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. 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 a Customer Owned Line Agreement is required. Fire Department: Place fire hydrants per code. Maintain a 20-foot minimum access. Contact the Little Rock Fire Department for additional information. County Planning: No comment. November 17, 2011 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-1680 4 CATA: 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: (October 27, 2011) The applicant was not present. Staff presented the item stating there were no outstanding technical issues in need of addressing related to the proposed preliminary plat. Staff stated based on the number of lots and the setback variances the request was not an administrative lot split and must be reviewed and approved by the Commission. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: There were no outstanding technical issues in need of addressing raised at the October 27, 2011, Subdivision Committee meeting. The request is to allow the creation of four (4) lots from this parcel of property. Lot 1 contains an existing mobile home park. The lot size proposed is 24.34 acres. Lot 2 contains 2.29 acres and four (4) buildings. Lot 3 contains 0.88 acres and two (2) buildings. Lot 4 contains 3.56 acres and four (4) buildings. Based on the location of these existing buildings setback variances are required. The property is zoned R-7, Mobile Home Park, C-3, General Commercial District and C-4, Open Display District. Lot 1 is the mobile home park and zoned R-7. The R-7 zoning district typically requires the placement of a 25-foot building setback from all property lines. The mobile homes are not meeting this requirement in a number of locations, more specifically along the north, south and eastern perimeters. The C-3, General Commercial zoning district typically requires the placement of a 25-foot front and rear yard setback. The C-4, Open Display zoning district typically requires the placement of a 45-foot front yard setback and a 25-foot rear yard setback. Lot 2 is located along Stagecoach/Alexander Roads and zoned C-3, General Commercial District. The two eastern most buildings located on proposed Lot 2 are not meeting the 25-foot front yard setback. All the buildings located on proposed Lot 2 are located nearer the rear property line than 25-feet. The property located along the I-30 Frontage Road is zoned C-4 and contains proposed Lots 3 and 4. The November 17, 2011 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-1680 5 building located adjacent to 13200 I-30 on proposed Lot 4 does not meet the 45-foot front yard setback. All the buildings located on proposed Lots 3 and 4 do not meet the 25-foot rear yard setback. Staff is supportive of the request. All buildings and infrastructure exist and no new construction is proposed with the current request. Staff does not feel the request to allow the creation of four (4) lots to allow the sale of the existing mobile home park will impact the area. Although staff is supportive of the setback variances for the existing buildings, staff feels upon redevelopment of the site the buildings should comply with building setbacks per the underlying zoning district or seek a variance from the appropriate board or commission. Staff does not feel the allowance of the setback variances as currently exist will adversely impact the area. To staff’s knowledge there are no outstanding technical issues associated with the request. Staff feels the plat as proposed is appropriate. I. STAFF RECOMMENDATION: Staff recommends approval of the plat request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends approval of the variance request to allow a reduction in the setbacks as proposed for the existing structures located on the proposed lots. Upon redevelopment of the site the building setbacks must comply with the underlying zoning district. PLANNING COMMISSION ACTION: (NOVEMBER 17, 2011) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the plat 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 to allow a reduction in the setbacks as proposed for the existing structures located on the proposed lots. Staff stated upon redevelopment of the site the building setbacks were to comply with the underlying zoning district. There was no further discussion of the item. The Chair entertained a motion for approval of the item on the consent agenda as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. November 17, 2011 ITEM NO.: 2 FILE NO.: S-1681 NAME: Hatcher Soccer Complex Subdivision Site Plan Review LOCATION: Located on the Northwest corner of Pinnacle Valley Road and Pinnacle Valley Road DEVELOPER: Hatcher Properties 6800 Pinnacle Valley Road Little Rock, AR 72212 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 40.0 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: AF, Agriculture and Forestry PLANNING DISTRICT: 20 - Pinnacle CENSUS TRACT: 42.05 VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The request is Subdivision Site Plan Review of property currently zoned AF, Agriculture and Forestry. The applicant is proposing the placement of a soccer complex on this 40.0+ acre site. Four (4) 210-foot by 330-foot fields are proposed along with non-permanent stands/bleachers and players benches. There are six (6) smaller practice fields indicated on the site plan. The site plan includes the placement of a hard surface parking area located on the east/west leg of Pinnacle Valley Road. The plan includes the construction of a concession/restroom building and a small pavilion. The AF Zoning District allows for governmental or private recreational uses, including but not limited to golf courses, tennis courts, swimming pools, playgrounds, day camps and passive recreational open space. November 17, 2011 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1681 2 B. EXISTING CONDITIONS: The site is a grassy field located along the eastern bank of the Little Maumelle River. The area is primarily single-family homes located on acreage. To the north of the site at the intersection of Beck Road and Pinnacle Valley Road is a property zoned C-1, Neighborhood Commercial. There is a retail building being constructed on this site. Further north is Maumelle Park, located on the Arkansas River and to the northwest is Pinnacle Mountain State Park. East of the site at the end of County Farm Road is the Community Garden and Two Rivers Park. The site is located outside the City limits of the City of Little Rock but within the City’s Extraterritorial Planning Jurisdiction. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area property owners. All property owners located within 200-feet of the site, the Pinnacle Valley Neighborhood Association and the River Valley Property Owners Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Pinnacle Valley 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 along the southern and eastern boundary of the property. 2. A 20 foot radial dedication of right-of-way is required at the intersection of Pinnacle Valley Road, County Farm Road and Pinnacle Valley Road. 3. If disturbed area is one (1) or more acres, obtain a NPDES stormwater permit from the Arkansas Department of Environmental Quality prior to the start of construction. 4. The property is located within the 100 year floodplain. Pulaski County Planning Department should be contacted at 340-6800 to obtain the County requirements for development in the floodplain. 5. All driveways shall be concrete aprons per City Ordinance. 6. Stormwater detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. November 17, 2011 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1681 3 E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: The property is located outside the service boundary. Provide the means of wastewater treatment for the site. Provide a letter of approval from the County Sanitarian concerning the proposed wastewater treatment facility prior to construction of the concession/restroom building. Entergy: Approved as submitted. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water regarding the size and location of the water meter. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections off the private fire system. Due to the nature of the facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water requires that upon installation of the RPZ assembly, successful tests of the assembly must be completed by a Certified Assembly Tester licensed in the State of Arkansas and approved by Central Arkansas Water. The test results must be sent to Central Arkansas Water’s Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: The site is located in the West Pulaski County Fire District. Provide a letter from the area volunteer fire department indicating their knowledge of the project and their ability to serve the use. County Planning: A dedication of right of way to meet a Class III Minor Arterial Street Standard per the County Master Road Plan (45-feet from centerline) will be required along the Pinnacle Valley Road frontages. Provide wastewater or septic approval from the Arkansas Department of Health prior to construction of the concession/restroom building. Obtain flood permit from Pulaski County Public Works for the entire development. CATA: The site is not located on a dedicated CATA Bus route. Parks and Recreation: No comment received. November 17, 2011 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1681 4 F. ISSUES/TECHNICAL/DESIGN: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. The street buffer must be increased to 50-feet along Pinnacle Valley Road and in no case less than one-half (25-feet). 3. Screening will be required along the northern and western perimeters. Provide details of how the screening requirement will be accomplished. G. SUBDIVISION COMMITTEE COMMENT: (October 27, 2011) Andrew Johnson was present representing the request. Staff presented an overview of the request stating the review was for a Subdivision Site Plan Review for the placement of multiple structures on the site. Staff questioned the phasing plan. Mr. Johnson stated all the development would occur in a single phase. He stated prior to construction of the restroom facility permits from the Arkansas Department of Health would be obtained for the wastewater treatment. Public Works comments were addressed. Staff stated right of way dedication would be required along the abutting streets. Staff stated a right of way dedication of 45-feet from centerline would be required. Staff stated a radial dedication would be required at the intersection of the two streets. Staff stated the County would issue permits for grading within the floodplain. Landscaping comments were addressed. Staff stated the street buffer should be increased to 50-feet and in no case less than 25-feet. Staff stated the plan as presented did not meet this minimum requirement. Staff stated the parking lot would require landscaping per the City’s landscape ordinance. Staff stated screening would be required along the northern and western perimeters. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant provided a response to October 27, 2011, Subdivision Committee comments. The applicant has indicated the required street buffer will be met and the right of way dedication per the City’s Master Street Plan will also be provided through a dedication deed to the County upon approval of the site plan review request. November 17, 2011 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1681 5 The request is Subdivision Site Plan Review of 40 + acres of AF, Agriculture and Forestry zoned property for the placement of multiple structures on the site. The proposal is to allow the placement of a soccer complex with ancillary buildings/structures. There are four (4) 210-foot by 330-foot fields and six (6) smaller practice fields. In addition there are non-permanent stands/bleachers and players benches indicated for each of the fields. A hard surface parking area located on the east/west leg of Pinnacle Valley Road has been indicated containing 148 parking spaces. The plan includes the construction of a concession/restroom building and a small pavilion. The AF Zoning District allows for governmental or private recreational uses, including but not limited to golf courses, tennis courts, swimming pools, playgrounds, day camps and passive recreational open space. The AF zoning district requires a front building setback for buildings other than single-family homes to be 50-feet. The side yard setback for non single-family buildings is 30-feet and the rear yard setback for non single-family buildings is 50-feet. The main building and all accessory structures in the AF district may not occupy more than twenty-five percent (25%) of the total area of the tract. The maximum building height allowed is forty-five (45) feet. The concession/restroom building will be constructed as a single story building in the initial phase and increased to two stories for a press box in the future. The maximum building height will not exceed forty-five (45) feet as allowed in the zoning district. The applicant has indicated any required screening will be installed along the northern perimeter. The applicant is the owner of the property located to the west of the proposed soccer fields. Based on staff’s question at the October 27, 2011, Subdivision Committee meeting, the applicant has indicated no lighting is proposed. Staff is supportive of the request. The request is for a Subdivision Site Plan Review for the placement of multiple buildings and structures on a single parcel of property. The site plan as presented appears to comply fully with the development criteria of the Zoning District and the City’s Subdivision and Landscape Ordinances. 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. November 17, 2011 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1681 6 PLANNING COMMISSION ACTION: (NOVEMBER 17, 2011) The applicant has not present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated November 10, 2011, requesting withdrawal of the item. Staff presented a recommendation of approval of the withdrawal request. There was no further discussion of the item. The Chair entertained a motion for approval of the item on the consent agenda as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. November 17, 2011 ITEM NO.: 3 FILE NO.: Z-5936-K NAME: McDonald’s at the Promenade Zoning Site Plan Review LOCATION: Located at 17601 Chenal Parkway DEVELOPER: McDonald’s USA LLC Deb Lyster 7283 E State HWY 76 Anderson, MO 64831 SURVEYOR: White Daters and Associates 24 Rahling Circle Little Rock, AR 72223 ARCHITECT: Taylor Kempkes Architects 210 Central Avenue Suite 2A Hot Springs National Park, AR 71901 AREA: 1.47 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: C-2, Shopping Center District PLANNING DISTRICT: 19 - Chenal CENSUS TRACT: 42.11 VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: On October 7, 2004, the Little Rock Planning Commission reviewed a request for the Promenade at Chenal, a 531,981 square foot open-air, life-style center, which was proposed to be located in Chenal Valley. The shopping center was to be home to a variety of upscale national, regional and local retailers, restaurants and entertainment venues. The development was proposed to be anchored by a 155,000 square foot Dillard’s department store. The center would be designed in a Gothic style. The November 17, 2011 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-5936-K 2 open-air design of the center replicated a nostalgic Main Street Shopping district. Vehicular access to the Main Street allowed convenient parking in front of the store or restaurant. Extensive sidewalks, landscaping and hardscape were to create a pedestrian-friendly environment ideal for shopping, entertainment and socializing. The proposal included a preliminary plat request to allow the creation of four lots. The shopping center was to be contained on a single lot and three out parcels were proposed along Chenal Parkway and LaGrande Drive. On November 10, 2005, the Little Rock Planning Commission approved a revision to the previously approved preliminary plat for Tract 5 Chenal Valley. The request was to split the previously proposed large lot into two individual lots and five out parcels resulting in a total of seven lots. Lots 1 and 2 were proposed for the main shopping center development and Lots 3 – 7 were proposed as out parcels. The approval allowed reduced building setback along the common lot line of the proposed lots (Lots 1 and 2). A reduced setback for each of the proposed out parcels was also approved. A cross access parking and utility easement would be recorded as a part of the platting process. No changes were proposed to the applicant’s site plan. On June 22, 2006, the Little Rock Planning Commission approved a revision to the site plan to allow the construction of 289,483 square feet of retail space contained in ten (10) buildings. Seven (7) out parcels were proposed totaling 45,408 square feet. The total square footage of the development proposed was 334,889 square feet. A total of 1,961 parking stalls were indicated on the site plan. Access points were proposed from the abutting roadways with a single access point to Chenal Parkway (a traffic light was proposed at this location), LaGrande Drive and Rahling Road. On September 14, 2006, the Little Rock Planning Commission approved a revision to the site plan. The revision included two additional buildings located along Rahling Road and a drive-through facility located along Chenal Parkway. A total of 11 lots were indicated 10 of which were proposed as out parcel lots for the development of stand alone retail activities including restaurants and one lot containing the shopping center. The development was approved in phases with the shopping center and theater being developed in the first phase and the individual out-parcels being developed based on market demand. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The request is a zoning site plan review request to allow the development of Lot 2 within the Promenade at Chenal with a restaurant with drive-through service. The building is proposed containing 4,218 square feet and 45 parking spaces. The restaurant will utilize the existing drives within the shopping center for access to the site. Signage will comply with the original approval of the shopping center development. November 17, 2011 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-5936-K 3 B. EXISTING CONDITIONS: The site has developed with the shopping center, theater and the parking areas. The pads for the out-parcels have not been improved. The retail spaces are beginning to fill but a number of the spaces remain vacant. The street improvements to Rahling Road and Chenal Parkway are complete adjacent to the shopping center. Both are four lane streets with a planted median divider. Uses in the area include office and retail uses. South of the site is the St. Vincent’s West Campus. A medical office campus with future plans for a hospital. Clearing and grading activities have been completed on the entire site and a single building permit was issued in March for a 45,000 square foot office building. Other uses in the area include single-family to the west along Champagnolia, the Bank of the Ozarks bank headquarters, office and retail uses located to the west along Chenal Parkway and office and retail uses located to the east across Chenal Parkway on Rahling Circle. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received one informational phone call from an area property owner. All property owners located within 200-feet of the site along with the Bascom Place Property Owners Association and the Champagnolia Court Property Owners Association were notified on the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. 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. 2. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 3. On site striping and signage plans should be forwarded to Public Works, Traffic Engineering for approval with the site development package. 4. Submit a Traffic Impact Study for the proposed project. Study should address trip generation and trip distribution for the development and also should take into account existing and projected traffic growth. 5. Damage to public and private property due to hauling operations or operation of construction related equipment from a nearby construction site shall be repaired by the responsible party prior to issuance of a certificate of occupancy. November 17, 2011 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-5936-K 4 6. Prior to construction of retaining walls, an Engineer's Certification of Design must be provided and plans must be submitted to Public Works for approval. After construction, an as-built certification is required for construction of the retaining wall. 7. Access to and from the site is shown to be taken through parking aisles with vehicles backing into the access creating vehicle conflicts. An access easement without vehicles backing into the easement should be provided. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required they will be installed at the Developer’s expense. Please submit plans for water facilities and/or fire protection systems 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 procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and the Little Rock Fire Department is required. Contact Central Arkansas Water regarding the size and location of the water meter. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections off the private fire system. Due to the nature of the facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water requires that upon installation of the RPZ assembly, successful tests of the assembly must be completed by a Certified Assembly Tester licensed in the State of Arkansas and approved by Central Arkansas Water. The test results must be sent to Central Arkansas Water’s Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Approved as submitted. November 17, 2011 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-5936-K 5 County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus route. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. If the access drives are not platted access easements then the perimeter landscape strip must be a minimum of 9-feet. G. SUBDIVISION COMMITTEE COMMENT: (October 27, 2011) Ms. Deb Lyster was present representing the request. Staff presented the item stating there were additional items necessary to complete the review process. Staff stated the site was located within the Chenal Parkway Design Overlay District. Staff stated the Overlay limited signage and overhead utilities. Staff stated the maximum sign area allowed was eight (8) feet in height and one hundred (100) square feet in area. Staff questioned the proposed building signage stating the development was previously approved with a signage plan. Staff stated all lighting was to be low level and directional, directed downward and into the site. Staff requested the applicant provide the maximum building height for the building. Staff also noted the dumpster was located along Chenal Parkway and questioned if there was not a better location for the dumpster. Public Works comments were addressed. Staff stated access to and from the site was shown to be taken through the parking aisles with vehicles backing into the access create vehicle conflicts. Staff stated an access easement without vehicles backing into the easement should be provided. Staff requested the applicant provide a traffic impact study for the proposed project. Staff stated the study should address trip generation and trip distribution for the development and also should take into account existing and project traffic growth in the area. Landscaping comments were addressed. Staff stated if the drives were not platted access easements then the perimeter landscape strip was to be a minimum of nine (9) feet. Staff stated building landscaping would also be required. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. November 17, 2011 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-5936-K 6 There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing few of staff’s concerns raised at the October 27, 2011, Subdivision Committee meeting. The applicant has not provided the required landscape strip along the western and southern perimeters. The applicant has provided staff with a declaration of reciprocal easements, covenants and restrictions which states the development contains parking and access easements across the common areas developed as parking and over and across the common areas including driveways, perimeter roads and access ways for vehicles. Per the City’s Landscape Ordinance Chapter 15-96(a) of the Little Rock Code of Ordinances, a perimeter planting strip is required along any side of a vehicular use area that abuts adjoining property or the right-of-way of any street, highway or freeway. This strip shall be at least nine (9) feet wide. The site plan as presented provides a 5-foot 5-inch planting strip along the western perimeter and a 2-foot planting strip along the southern perimeter. Typically when there is a shared driveway or there is an access easement the perimeter planting strip is not required. The plat was filed without platted access easements. The easements are referenced in the Bill of Assurance but no reference to the access easements was indicated on the final plat. The original approval of the Promenade at Chenal provided a signage plan for the shopping center and the out-parcels. The signage approved for the out-parcels included a single ground sign for each lot not to exceed eight feet in height and one hundred square feet in area. The building signage approved allowed the placement of building signage along the interior drives and along the street side. The area of coverage for the building signage was limited to building signage allowed in commercial zones or a maximum of ten percent of the façade area. Signage proposed by the applicant will comply with the previously approved signage plan. The revised plan has relocated the dumpster from Chenal Parkway to the southern perimeter. A note on the site plan states the dumpster will be screened per the zoning ordinance. The previous approval stated all mechanical equipment and roof-mounted equipment would be screened from view by parapet walls as required by Section 36-523 (c) of the Little Rock Code of Ordinances. This condition will continue to apply to the development of this out-parcel. November 17, 2011 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-5936-K 7 The site plan indicates the placement of a 4,218 square foot building and 45 parking spaces. The ordinance would typically require the placement of 42 parking spaces to serve the restaurant. In addition to the 45 on-site parking spaces this lot has access to the parking of the shopping center through a shared parking easement. The applicant has indicated the maximum building height is 20-feet to the top of the parapet and 23-feet 4-inches to the top of the highest architectural element. The zoning district allows for a maximum building height of 45-feet. The applicant has not provided staff with the traffic analysis study. The response provided by the applicant from the Subdivision Committee comments indicate Peters and Associates is preparing the traffic analysis. Staff is continuing to receive information from the applicant concerning the site plan review request. Staff’s recommendation is forthcoming. I. STAFF RECOMMENDATION: Staff recommendation forthcoming. PLANNING COMMISSION ACTION: (NOVEMBER 17, 2011) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a revised site plan to them addressing their concerns related to landscaping. Staff stated the applicant had also provided a traffic study and had agreed to modifications within the existing site to aid in traffic flows through the site. Staff stated the revised plan included relocating the dumpster and storage building from the southern perimeter to the eastern perimeter along Chenal Parkway. Staff stated the applicant had agreed to increase the wall height of the dumpster to adequately screen the dumpster from Chenal Parkway. Staff stated in addition plantings would be placed around the dumpster site to soften the impact of the dumpster walls. Staff stated the revised plan included the minimum landscape strip along the sites southern and western perimeters. Staff stated based on the revised plan they were supportive of 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 on the consent agenda as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. November 17, 2011 ITEM NO.: 4 FILE NO.: Z-3168-I NAME: Tract C Parkway Place Short-form PD-R LOCATION: Located West of Oak Meadow Drive and South of Parkside Drive DEVELOPER: Randy James P.O. Box 242720 Little Rock, AR 72223 ENGINEER: McGetrick and McGetrick Engineers 10 Otter Creek Court, Suite A Little Rock, AR 72210 AREA: 2.43 acres NUMBER OF LOTS: 18 FT. NEW STREET: 0 LF CURRENT ZONING: O-3, General Office District ALLOWED USES: General Office PROPOSED ZONING: PD-R PROPOSED USE: Patio Home Single-family VARIANCES/WAIVERS REQUESTED: 1. A variance from Sections 30-43 and 31-210 to allow two drives located along Oak Meadow Drive which do not comply with typical standards. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The request is a rezoning from O-3, General Office District to PD-R, Planned Development Residential to allow the development of 2.43 acres with a detached, single-family subdivision. The development is proposed with access from Oak Meadow Drive. The homes are proposed as one and two story homes and will range in size between 1,800 and 2,100 square feet. The site plan indicates the placement of a 5-foot front building line and 4-foot side yard setbacks. The rear yard is indicated at 20-feet. The homes will be served by a 40-foot private access, drainage and utility easement. November 17, 2011 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-3168-I 2 The request includes a variance from Sections 30-43 and 31-210 to allow two drives located along Oak Meadow Drive which do not comply with typical standards. The drives are located nearer the property lines than typically allowed per City ordinance and the drives are not spaced per the typical ordinance standard. B. EXISTING CONDITIONS: The property has a number of significant trees scattered around the site. Across Oak Meadow Drive is a large department store. South of the site is a City of Little Rock Fire station. Other uses in the area to the south and west include churches, the Parkway Place Community pool and tennis courts, a convenience store, a carwash and office uses. West of the site is predominately single-family homes located in the Parkway Place Subdivision. North of the site, across Parkside Drive, is a property zoned O-3, General Office District which is presently undeveloped. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area property owners. All property owners located within 200-feet of the site and the Parkway Place Property Owners Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. With site development, provide the design of street conforming to the Master Street Plan. Construct street improvement to the street with the planned development. 2. A concrete apron should be provided at the intersection of the access easement and Oak Meadow Drive per City Ordinance. 3. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 4. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). 5. Hammerheads should be designed to be at least 80 feet in length and the same width as the street. 6. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Other November 17, 2011 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-3168-I 3 than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 7. Stormwater detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. 8. If disturbed area is one (1) or more acres, obtain a NPDES stormwater permit from the Arkansas Department of Environmental Quality prior to the start of construction. 9. Streetlights are required by Section 31-403 of the Little Rock code. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting/certificate of occupancy. Contact Traffic Engineering 379-1813 (Steve Philpott) for more information. 10. Street names and street naming conventions must be approved by Public Works. Contact David Hathcock at (501) 371-4808. 11. No residential waste collection service will be provided on private streets unless the property owners association provides a waiver of damage claims for operations on private property. 12. Damage to public and private property due to hauling operations or operation of construction related equipment from a nearby construction site shall be repaired by the responsible party prior to issuance of a certificate of occupancy. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Capacity Contribution Analysis required. Contact Little Rock Wastewater for details. Entergy: Approved as submitted. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. A main extension will be needed to provide water service to this property. Please submit plans for water facilities and/or fire protection systems 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 procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and the Little Rock Fire Department is required. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide November 17, 2011 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-3168-I 4 adequate pressure and fire protection. 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. 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). 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 installation of the RPZ assembly, successful tests of the assembly must be completed by a Certified Assembly Tester licensed in the State of Arkansas and approved by Central Arkansas Water. The test results must be sent to Central Arkansas Water’s Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Place fire hydrants per code. Maintain a minimum access of 20-feet in width. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located near a dedicated CATA Bus Route. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Building Codes: The required fire separation distance (building to property line) prescribed by the building code terminates at five (5) feet. Buildings are allowed to be closer than five (5) feet if they have properly constructed firewalls, which provide the requisite one (1) hour fire resistance rating. When buildings are five (5) feet or more from the property line, the requirement no longer applies to the wall itself, only the projections such as eaves or overhangs. Openings such as doors and windows are limited when the exterior wall is three (3) feet from the property line, and are prohibited when the exterior wall is less than three (3) feet from the line. There is no restriction on openings when the exterior wall is more than three (3) feet from the property line. Contact the City of Little Rock Building Codes at 371-4832 for additional details. Planning Division: This request is located in the Ellis Mountain Planning District. The Land Use Plan shows Office for this property. Office allows services November 17, 2011 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-3168-I 5 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-R to allow construction of single-family houses. Master Street Plan: Both Oak Meadow and Parkside Drives are Local Streets. The primary function of a Local Street is to provide access to adjacent properties. 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: (October 27, 2011) Mr. Pat McGetrick was present representing the request. Staff presented the item stating there were additional items necessary to complete the review process. Staff stated the development as proposed did not allow for much livable area. Staff questioned if the number of units could be reduced to allow for additional green space within the development. Staff also questioned the lot dimensions and the lot areas. Staff questioned if the development would have a subdivision identification sign. Public Works comments were addressed. Staff stated hammerhead turn-arounds were to be designed to be at least 80-feet in length and the same width as the street. Staff stated no residential waste would be collected from the private street unless the property owners association signed a waiver of damage claims. Staff stated a grading permit would be required prior to any clearing activities on the site. Staff stated street names were to be approved by public works staff and suggested Mr. McGetrick contact staff concerning the proposed street name. 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: Mr. McGetrick submitted a revised site plan to staff addressing a number of the issues raised at the October 27, 2011, Subdivision Committee meeting. The revised plan has reduced the number of proposed units from 19 to 18, provided the lot dimensions and increased the side and rear yard setbacks. The revised plan also indicates the drive as a one-way circular private access easement to November 17, 2011 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-3168-I 6 serve the new homes. The development will have a subdivision identification sign. The sign is proposed consistent with subdivision identification signage in single-family zones or a maximum of six feet in height and thirty-two square feet in area. The request is to rezone the site from O-3, General Office District to PD-R, Planned Development Residential to allow the development of 2.43 acres with a detached, single-family subdivision containing 18 lots. The development is proposed with a private access and utility easement. The access easement is one-way with two driveways onto the Oak Meadow Drive. The homes are proposed as one and two story homes with a maximum building height of 30-feet. The homes will range in size between 1,800 and 2,100 square feet including 400 square feet for a garage. The site plan indicates the placement of a 5-foot front building line and 4-foot side yard setbacks (increased from 3-feet). The rear yard is indicated at 20-feet (increased from 15-feet). The homes will be constructed with a combination of brick and siding. The lots range in size from 3,762 square feet to 7,255 square feet. Each of the homes will have private open space with the minimum private open space being 1,312 square feet on the 3,762 square foot lot or 34.8 percent. The development is not providing a common open space area. The ordinance requires each lot to have a minimum of 500 square feet of usable private open space per single-family lot. The PZD ordinance also states a minimum of ten to fifteen percent of the PRD area is to be designated as common usable open space. The site plan does not meet this criteria. The PZD ordinance development guidelines for zero lot line developments (patio home) is 4 – 6 units per acre. The development as proposed is indicated at 7.3 units per acre. The request includes a variance from Sections 30-43 and 31-210 to allow two drives located along Oak Meadow Drive which do not comply with typical standards. The ordinance typically requires the drives to be placed a minimum of 125-feet from the property line and 250-feet between the drives. The southern most drive is located within a few feet of the property line and the northern drive is 130-feet from the intersection of Oak Meadow Drive and Parkside Drive. The drives are located approximately 230-feet apart. Staff is supportive of the request. Staff feels this development is a good transition between the single-family homes located to the west and the big box retail use to the east. Although the development does not fully comply with the typical development criteria of the PZD ordinance with regard to density and common open space staff feels the development has ample open space area on the individual lots. Staff also does not feel the increase in density will negatively impact the development. The homes are proposed as garden style patio homes November 17, 2011 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-3168-I 7 which are typically developed with smaller lot sizes and with lesser setbacks than the typical R-2, Single-family zoning district. The common access drive and yard areas will be maintained by a Property Owners Association. To staff’s knowledge there are no remaining outstanding technical issues in need of addressing related to the proposed site plan. Staff does not feel the development of the site with 18 detached single-family homes will adversely impact the area. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends approval of the variance request from Sections 30-43 and 31-210 to allow the two drives located along Oak Meadow Drive which do not comply with typical ordinance standard. PLANNING COMMISSION ACTION: (NOVEMBER 17, 2011) Mr. Pat McGetrick of McGetrick and McGetrick Engineers and Mr. Randy James of James Built Homes were present representing the request. There were registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff presented a recommendation of approval of the variance request from Sections 30-43 and 31-210 to allow the two drives located along Oak Meadow Drive which do not comply with typical ordinance standard. Mr. James addressed the Commission on the merits of his request. He provided the Commission with photos of the area and developments he had recently completed. He also provided the Commission with patio home developments, which were similar in density to the subdivision he was proposing. Mr. James stated the development would consist of 18 detached single-family homes all to be marketed as owner occupied. He stated the targeted market was seniors and young professionals. He stated the landscaping and street would be maintained by the property owners association to ensure all the landscaping was kept pristine. He stated the homes would have ten-foot ceilings, constructed of brick with stone accents, custom cabinets in the kitchen and bath and wood floors through out. Mr. Ron McGinty addressed the Commission in opposition. He provided the Commission with a petition signed by a large number of the homeowners who backed up to the property. He stated the homeowners felt the development was too dense. He stated the homeowners were also concerned that when the site was developed the November 17, 2011 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-3168-I 8 existing trees which acted as a buffer for sound from the adjoining department store would be removed. He stated once the trees were removed the sound of the loading dock activity and trucks idling during the night would be increased. He stated based on the number of signatures on the petition his hope was it would weigh on the Commission and they would deny the request. Mr. Tim Kenny addressed the Commission in opposition. He stated he was past president of the homeowners association and was representing the 700 plus residents of the Parkway Place Homeowners Association. He stated the Association was not opposed to development of the site but to the density proposed with the development. He stated with the homes located close together this would diminish property values. He stated he felt the site developed with ten units was a better fit for the area. He stated a similar development on Kanis Road near Baker Elementary had been completed with reduced setbacks. He stated to avoid looking into the back yard of the neighbor the homeowners had installed eight foot fences. He stated in that development when families were in their back yard all they saw was fences. Ms. Lenice Garrison addressed the Commission in opposition. She stated she and her husband owned three homes on Sweet Bay Cove which was located to the west of this site. She stated the former owner of one of her homes had said the lights of the convenience store on Chenal Parkway would light up her bedroom. She stated her only objection to the development was the density proposed. Ms. Ruth Bell, League of Women Voters, addressed the Commission in opposition to the request. She stated the proposal was similar to an issue the Commission faced previously concerning subdivisions in Southwest Little Rock. She stated the League was concerned by the lack of common open space. She stated she was also concerned the development was being considered at a higher density than allowed by the ordinance. She stated the homes were being considered for seniors and young professionals but in the mix was also the single head of household, female or male, with children. She stated once there were children in the mix then there was a bigger concern for the lack of common open space for play areas. She requested the developer consider reducing the number of units to allow for common open space. Mr. James addressed the Commission stating the original proposal included twenty units. He stated eighteen was the least the development could support and make the project viable. He stated if the site was developed with an office building the trees would be removed. He stated with the single-family grading would not be as extensive as with an office development. He stated he felt the development would enhance property values in the area since the homes would sell from $125 to $135 per square foot. He stated in his current development forty percent of the buyers were seniors. He stated of the nine properties he had sold there were no children. He stated the units were primarily two bedroom units which did not lend itself to families with children. He November 17, 2011 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-3168-I 9 stated he would try to work with the neighborhood and be a good neighbor but the property was zoned office and could be developed today with an office building. There was a general discussion by the Commission as to the proposed development, the number of units proposed and the uses, which were allowed by right under the current zoning classification. The Commission noted the existing zoning would allow for a group care facility or a multi-story office building, which could operate 24-hours per day. There was no further discussion of the item. The Chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. November 17, 2011 ITEM NO.: 5 FILE NO.: Z-6476-D NAME: Coulson Oil Revised Long-form PCD LOCATION: Located at 19500 Cantrell Road DEVELOPER: New Vista LLC 1434 Pike Avenue North Little Rock, AR 72114 ENGINEER: DCI 2200 North Rodney Parham Road Little Rock, AR 72212 AREA: 1.77 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: PCD ALLOWED USES: Convenience store with gas pumps, carwash, express lube and light automotive repair PROPOSED ZONING: Revised PCD PROPOSED USE: Add two additional bays to the existing light automotive repair building VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: On June 2, 1998, the Board of Directors approved Ordinance No. 17,740 rezoning the property from C-2, Shopping Center District to PCD. The approved PCD allowed a convenience store with gas pumps, an automated carwash and a self-serve carwash, with a branch bank and two (2) fast food restaurants within the convenience store building. The Board of Directors also approved a deferral of the street improvements to Cantrell Road as part of the development plan. November 17, 2011 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-6476-D 2 Ordinance No. 18,162 adopted by the Little Rock Board of Directors on December 20, 1999, allowed a revision to the approved PCD to replace the three-bay self-serve carwash, which was to be located within the northern portion of the property with a two-bay express lube facility. The express lube facility was a one-story structure with approximately 1,196 square feet of space. There were no other changes proposed or approved from the previous site plan. On September 3, 2008, the Little Rock Planning Commission recommended approval of a revision to the PCD. The revision allowed Tornado Shelter Systems to place a showroom within the former express lube building. The request also included the right to use the former Lube Center building for a general or professional office, a showroom and a warehouse (interior display and storage only). The revision was approved by the Board of Directors on October 6, 2009, by the adoption of Ordinance No. 20173. On December 7, 2010, the Little Rock Board of Directors adopted Ordinance No. 20,350 allowing a revision to the previously approved PCD. The request was to add light automotive repair as an allowable use for the site. The previous approval for the lube building allowed oil changes with limited automobile replacement parts such as air filters and windshield wipers. The applicant requested to expand the use of the building for automobile repair to include, A/C & Heating; Battery & Electrical; Belts & Hoses; Brake repair or maintenance; Cooling system repair or maintenance; Engine diagnostic service, Tune ups; Filter replacements; Fluid leaking evaluation and repair; Fuel system service, Head gasket replacement; Inspection and repair to emission system; Oil changes; Scheduled maintenance service; Preventative maintenance service; Shocks & struts replacement; Steering and suspension repair and maintenance; Timing belt; Timing chair; Tire patching; Tire balancing and/or tire replacement; CV boot or CV axle replacement; Transmission fluid replacement; Differential fluid replacement. The approval did not allow for working on cars outside the building and no cars, waste tires or barrels were to be left outside or in the parking lot while the business was closed. There were no exterior modifications proposed for the building and no additional paved areas were proposed. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The request is now to amend the previously approved PCD to add two (2) additional service bays to the auto repair building. The service bays are proposed containing 600 square feet and will be located to the west of the existing building. The placement of the addition continues to allow traffic flow around the building. The revised site plan also includes the placement of striping for two (2) additional parking spaces located at the northern drive along Chenal Parkway. This area was previously paved and a dumpster was located within this area. November 17, 2011 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-6476-D 3 B. EXISTING CONDITIONS: The site has developed with a convenience store, gas pumps, automated carwash and express lube/auto repair. The previously approved express lube is operating from the rear building. Chenal Parkway is constructed with curb, gutter and sidewalk adjacent to the site. Cantrell Road does not currently have curb and gutter in place. There is a property located across Chenal Parkway to the east zoned PCD which was approved for development of a Walgreen’s which has not occurred. Also east of the site is property zoned C-3, General Commercial District with a CUP which was approved to allow a mini-warehouse development which has been constructed. To the west is vacant property zoned PCD which was approved for a four (4) lot development containing four (4) restaurant users. Other uses in the area include a large retailer to the southeast, vacant commercially zoned property to the south and an Entergy substation further to the east. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received one informational phone call from an area property owner. All property owners located within 200-feet of the site, the Duqesne Place Property Owners Association, the Aberdeen Court Property Owners Association and the Coalition of West Little Rock Neighborhoods were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: No comments E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water regarding the size and location of the water meter. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in November 17, 2011 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-6476-D 4 addition to normal charges. This fee will apply to all connections off the private fire system. Due to the nature of the facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water requires that upon installation of the RPZ assembly, successful tests of the assembly must be completed by a Certified Assembly Tester licensed in the State of Arkansas and approved by Central Arkansas Water. The test results must be sent to Central Arkansas Water’s Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Place fire hydrants per code. Maintain a 20-foot minimum access. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is located on CATA Bus Route #25, the Highway 10 Express route. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Pinnacle Mountain Planning District. The Land Use Plan shows Commercial for this property. Commercial allows a broad range of retail and wholesale sales of products, personal and professional services and general business activities. Commercial activities vary in type and scale, depending on the trade area that they serve. The applicant has applied for a revision to the existing PCD to allow the addition of two additional auto service bays to the existing auto service use. Master Street Plan: Chenal Parkway and Cantrell Road are both Principal Arterial Streets. The primary function of a Principal Arterial Street is to serve through traffic and to connect major traffic generator or activity centers within an urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on both Cantrell Road and Chenal Parkway since they are both Principal Arterials. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There is a Class III Bike Route shown along Chenal Parkway and a Class II Bike Lane shown along Cantrell Road. Bike Routes require no additional right-of-way or pavement markings, but require signage to identify and November 17, 2011 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-6476-D 5 direct the route. A Bike Lane requires no additional right-of-way, but does require a portion of the pavement be marked for the use of bicycles. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. The placement of the three (3) parking spaces along Chenal Parkway is located within the required landscape strip of the City’s Landscape Ordinance. The 7-foot strip does comply with the Highway 10 DOD but does not comply with the Landscape Ordinance. A variance from the City Beautiful Commission will be required prior to the Board of Directors acting on the request. G. SUBDIVISION COMMITTEE COMMENT: (October 27, 2011) Mr. Eddie Martin was present representing the request. Staff presented the item stating there were a few outstanding issues associated with the request in need of addressing prior to the Commission acting on the amendment. Staff stated the parking spaces located near the northern drive were located within the landscape buffer. Mr. Martin stated a portion of the paving was existing. He stated this was the location of the former dumpster and felt striping the area for parking would allow for utilization of the paving. He stated the third parking space would be removed from the site plan and the development would utilize the existing paved area only. Staff questioned if all previous comments would continue to apply. Mr. Martin stated there would not be a change in the previous commitments concerning the outdoor activities on 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 applicant submitted a revised site plan to staff addressing the issues raised at the October 27, 2011, Subdivision Committee meeting. The revised plan has removed the eastern most parking space which encroached into the street buffer along Chenal Parkway. Mr. Martin has also provided staff with verification that all previous commitments continue to apply to the amendment request. The revision is to allow an additional 600 square feet for two (2) service bays to the auto repair building. The addition is along the west side of the existing November 17, 2011 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-6476-D 6 building. The placement will continue to allow traffic to flow around the building. The revised site plan also includes the placement striping for two (2) additional parking spaces located at the northern drive along Chenal Parkway in an area previously paved and was the former dumpster location. The dumpster is currently located behind the building. To staff’s knowledge there are no remaining outstanding technical issues associated with the request. Staff does not feel the addition of two (2) service bays along the western portion of the auto repair building will significantly impact the development. This area is currently paved so the amount of impervious surface is not being increased. The applicant has indicated all previous commitments with regard to no working of vehicles and storage of vehicles and vehicle parts outdoors will continue to apply. 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. As with the previous approval staff recommends the following conditions continue to be attached to the ordinance approving the amendment request: 1. There is to be no storage of vehicles in disrepair outside the building at any time. 2. There is to be no working on vehicles outside the building at any time. 3. There is to be no storage of waste materials or vehicle parts outside the building. 4. The dumpster is to be screened to comply with ordinance requirements. PLANNING COMMISSION ACTION: (NOVEMBER 17, 2011) Mr. Eddie Martin was present representing the request. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff presented a recommendation that all the conditions of the previous approval continue to be attached to the ordinance approving the amendment request: 1. There is to be no storage of vehicles in disrepair outside the building at any time. November 17, 2011 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-6476-D 7 2. There is to be no working on vehicles outside the building at any time. 3. There is to be no storage of waste materials or vehicle parts outside the building. 4. The dumpster is to be screened to comply with ordinance requirements. There was no further discussion of the item. The Chair entertained a motion for approval of the item on the consent agenda as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. November 17, 2011 ITEM NO.: 6 FILE NO.: Z-8130-B NAME: Arkansas Baptist College Short-form POD LOCATION: Located at 1811 West 16th Street DEVELOPER: Arkansas Baptist College 1621 Dr. Martin Luther King Jr. Drive Little Rock, AR 72202 SURVEYOR: BTE 1510 South Broadway Little Rock, AR 72202 AREA: 31,780 sq ft NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF CURRENT ZONING: POD ALLOWED USES: Daycare, classrooms, office and housing for Arkansas Baptist College PROPOSED ZONING: Revised POD PROPOSED USE: Add an additional structure to be used for Arkansas Baptist College’s GED program VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: On December 7, 2006, the Little Rock Planning Commission recommended approval of Inner City Future Net’s planned office proposal to use the structures at 1811 West 16th Street as administrative offices and the structure at 1604 Wolfe Street for educational activities. Together the two (2) buildings were to serve as a type of community center. Ordinance No. 19,627 was adopted by the Board of Directors on January 2, 2007, establishing the Inner City Future Net Short-form PD-O. Ordinance No. 20,320 adopted by the Little Rock Board of Directors on September 21, 2010, rezoned the property from PD-O to POD. The approval was to allow Arkansas November 17, 2011 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-8130-B 2 Baptist College to use the property located at 1811 West 16th Street for the College’s Kiddie Kollege daycare center and 1604 Wolfe Street to be used to house the college’s Upward Bound program. Future uses for the 1604 Wolfe Street structure were faculty housing, office space or additional space for the Kiddie Kollege. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The request is to amend the previously approved POD to allow Arkansas Baptist College to move their GED educational training house from its current location at 1322 West 16th Street to 1608 Wolfe Street. There will be no changes to the existing buildings. No new fencing is proposed. The current 24 inch by 24 inch sign which is located in the front yard of the GED house will be relocated with the structure. The property is located within the Central High Design Overlay District. The applicant has indicated the relocated structure will comply with the typical Overlay standards. B. EXISTING CONDITIONS: There are two buildings located on the site being used by Arkansas Baptist College. To the north of the site is a public park. To the east, south and west of the site are single-family homes. Arkansas Baptist College is the owner of a number of parcels within this area. The college campus is located one block to the east of the site. Other non-residential uses in the area include a funeral home, churches, office and retail space along Dr. Martin Luther King Jr. Drive. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received one informational phone call from an area property owner. All property owners located within 200-feet of the site and the Central High 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 16th Street and Wolfe Street. 2. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. November 17, 2011 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-8130-B 3 Entergy: Approved as submitted. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water 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 installation of the RPZ assembly, successful tests of the assembly must be completed by a Certified Assembly Tester licensed in the State of Arkansas and approved by Central Arkansas Water. The test results must be sent to Central Arkansas Water’s Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Place fire hydrants per code. Maintain a minimum access of 20-feet. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located near a dedicated CATA Bus Route. Parks and Recreation: No comment received. 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. Residential Low Density is for single-family homes at densities no greater than six dwelling units per acre. The applicant has applied for a revision to the existing POD to allow for the addition of a third structure for Arkansas Baptist College’s GED educational training program. Master Street Plan: Both 16th and Wolfe Streets are 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 November 17, 2011 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-8130-B 4 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 small amount of building landscaping will be required. G. SUBDIVISION COMMITTEE COMMENT: (October 27, 2011) Mr. Robert Turner was present representing the request. Staff presented the item stating there were additional items in need of addressing prior to the Commission acting on the request. Staff stated the site was located within the Central High Design Overlay District. Staff stated the DOD required the placement of non-residential structures ten (10) feet from the back of curb. Staff questioned the proposed parking plan. Staff stated the DOD required any trees 14-inches or greater to be saved. Staff questioned if there were any trees to be removed to allow the new structure on the site. Staff stated per the DOD two (2) trees were to be planted in the front yard setback with the proposed development. Public Works comments were addressed. Staff stated a radial dedication was required at the intersection of 16th Street and Wolfe Street. Staff stated any broken curb, gutter or sidewalk would require repair prior to the issuance of the certificate of occupancy. Landscaping comments were addressed. Staff questioned any screening which would be provided. Staff also stated a small amount of building landscaping would be required with the development 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 applicant submitted responses to comments raised at the October 27, 2011, Subdivision Committee meeting. The applicant states no trees are planned to be November 17, 2011 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-8130-B 5 removed to allow the placement of the new structure, indicated the placement of the structure and provided staff with the proposed parking plan. The site is located within the Central High Design Overlay District. The DOD has specific development criteria. The DOD states the primary façade of a non- residential building shall face the principal street. The applicant has indicated the front of the structure will face the abutting street. The DOD states for new construction, at least 60 percent of the ground level facing pedestrian public circulation areas are to be glass-windows and/or display. The applicant has indicated the building is a single-family home which is located on nearby Arkansas Baptist College property which will be relocated to this site. Based on the windows and doors on the front of the home, the home will most likely meet this development criteria requirement. The DOD states all commercially and office zoned properties are to have a 10-foot set back with building sited at the front setback property line. The area has a residential feel and character. The home will be sited to align with the existing structures located on the street as per the development criteria for single-family. The roof will follow the predominate style of the adjacent buildings as required per the DOD. Per the DOD the materials of the exterior shell are to be brick other masonry, wood or a material that resembles wood. The home is constructed with exterior materials consistent with the DOD. The parking requirements within the DOD are to be 50 percent of that required by the zoning ordinance. The maximum parking allowed is to be 50 percent as established by the zoning ordinance. Surface parking shall be limited to the side and rear of structures. No parking is allowed in the front yard setback. The applicant has indicated there will be two staff persons (one full time and one part time) serving two to four students per day. The applicant intends to utilize street parking. The applicant states there are usually no more than four (4) cars at the location per day. The DOD states trees greater than 14-inches in diameter are to be preserved. The applicant has indicated no trees will be removed with the revision to the current POD. Per the DOD at least 2 trees are to be planted in the front yard setback with the proposed development. The trees must be a minimum of 2-inch caliper and a minimum of 10-feet tall. The applicant indicates they will comply with the requirement. The applicant has indicated no building signage is anticipated at this time. A single ground mounted sign will be placed within the front yard area. The sign is a maximum of 24-inches by 24-inches. Staff recommends should building signage be desired in the future the building signage be limited to building November 17, 2011 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-8130-B 6 signage allowed in office zones or a maximum of ten (10) percent of the front façade. Staff is supportive of the request. Although the development does not fully comply with the minimum standards of the Central High Design Overlay District staff does not feel the areas of non-compliance will significantly impact the development or the area. To staff’s knowledge there are no remaining outstanding issues associated with the request. Staff does not feel the placement of this third structure on the site to be used for the Arkansas Baptist College GED Center 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. Staff recommends should building signage be desired in the future the building signage be limited to building signage allowed in office zones or a maximum of ten (10) percent of the front façade. PLANNING COMMISSION ACTION: (NOVEMBER 17, 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 should building signage be desired in the future the building signage was to be limited to building signage allowed in office zones or a maximum of ten (10) percent of the front façade. There was no further discussion of the item. The Chair entertained a motion for approval of the item on the consent agenda as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. November 17, 2011 ITEM NO.: 7 FILE NO.: Z-8295-A NAME: Velvatex Beauty College Revised Short-form PCD LOCATION: Located at 1520 Dr. Martin Luther King, Jr. Drive DEVELOPER: Velvatex College of Beauty Barbara Douglas 1520 Dr. Martin Luther King, Jr. Drive Little Rock, AR 72202 SURVEYOR: Donald Brooks Surveying 20820 Arch Street Pike Hensley, AR 72065 AREA: 15,540 sq ft NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF CURRENT ZONING: PCD ALLOWED USES: Beauty College PROPOSED ZONING: Revised PCD PROPOSED USE: Allow signage without public street frontage VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: Ordinance No. 19,916 adopted by the Little Rock Board of Directors on February 5, 2008, rezoned this site from R-3, Single-family to PCD and established the Velvatex Beauty College Short-form PCD. The Velvatex Beauty College had been in existence at this site since 1924. The applicant proposed a small expansion to the existing structure along the rear façade. The new addition was 16-feet by 54-feet and would contain approximately 865 square feet. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The request is to allow the placement of a digital wall sign along the north façade of the building facing into the parking lot which is located without public street November 17, 2011 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-8295-A 2 frontage. The case size is 2 feet 6.7 inches by 5 feet. There will also be a similar sign located along the south façade of the building which is located with public street frontage. B. EXISTING CONDITIONS: The site contains the Beauty College and associated parking. The addition has been completed. To the west of the site are residential units including duplex and single-family. South of the site is Arkansas Baptist College and to the east of the site are office, commercial and residential uses. Immediately north of the site is a house owned by the National Alumni Association associated with Arkansas Baptist College. Arkansas Baptist College has purchased a number of the lots in the area maintaining the homes as residential uses at this time. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received one informational phone call from an area property owner. All property owners located within 200-feet of the site and the Central High Neighborhood Association were notified of the public hearing. D. SUBDIVISION COMMITTEE COMMENT: (October 27, 2011) The applicant was not present. Staff presented the item stating there were no outstanding technical issues associated with the request. Staff stated the request was to amend the previously approved Planned Commercial Development to allow signage on the north façade which was located without public street frontage. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. E. ANALYSIS: There were no outstanding issues associated with the request in need of addressing raised at the October 27, 2011, Subdivision Committee. The applicant is requesting to amend the previously approved Planned Commercial Development to allow the placement of a digital sign along the north façade of the building, which is located without public street frontage. The ordinance states all on premise wall signs must face required street frontage except in complexes where a sign without street frontage is the only means of identification for a tenant. November 17, 2011 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-8295-A 3 Staff is supportive of the request. Although the sign as proposed does not have public street frontage the sign will face into the parking lot and will be visible to motorists traveling south on Martin Luther King, Jr. Drive. To staff’s knowledge there are no remaining outstanding technical issues associated with the request. The changeable copy will comply with the City’s sign ordinance with regard to movement. Staff does not feel the placement of this digital sign along the north façade of this existing beauty college will significantly impact the area. F. STAFF RECOMMENDATION: Staff recommends approval of the request to allow the placement of a digital sign along the north façade of this existing beauty college which is located without public street frontage. A permit must be obtained for the new sign. PLANNING COMMISSION ACTION: (NOVEMBER 17, 2011) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had failed to send the notices as required by the Planning Commission’s By-laws. Staff presented a recommendation of deferral of the item to the January 5, 2012 public hearing. There was no further discussion of the item. The Chair entertained a motion for approval of the item on the consent agenda as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. November 17, 2011 ITEM NO.: 8 FILE NO.: Z-8715 NAME: Prather Short-form PD-R LOCATION: Located at 4719 North Lookout DEVELOPER: Lewis Prather 4719 North Lookout Little Rock, AR 72205 SURVEYOR: Donald Brooks Surveying 20820 Arch Street Pike Hensley, AR 72065 AREA: 0.15 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family ALLOWED USES: Single-family PROPOSED ZONING: PD-R PROPOSED USE: Single-family carport – Hillcrest DOD exceeding the allowed rear yard coverage VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is proposing to rezone the site from R-2, Single-family to PD-R to allow the placement of a carport within the rear yard. The property is located within the Hillcrest Design Overlay District. The Overlay allows a maximum of 40 percent of the 25-foot rear yard setback to be covered with structures. Currently within the rear twenty-five (25) feet there is a storage building/workshop and a gravel parking pad. The applicant is proposing to cover the graveled parking pad with an open-air carport structure. The plan as presented would allow for 72.6 percent of the 25-foot rear yard area to be covered with structures. November 17, 2011 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-8715 2 B. EXISTING CONDITIONS: This area of North Lookout is single-family. Located across North Lookout to the west is Alsop Park. Located to the northwest is a multi-family development accessed from Kavanaugh Boulevard. North Lookout has not been constructed with curb, gutter or sidewalk. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received one informational phone call from an area property owner. All property owners located within 200-feet of the site and the Hillcrest Residents Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: No comments E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water 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 installation of the RPZ assembly, successful tests of the assembly must be completed by a Certified Assembly Tester licensed in the State of Arkansas and approved by Central Arkansas Water. The test results must be sent to Central Arkansas Water’s Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Approved as submitted. November 17, 2011 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-8715 3 County Planning: No comment. CATA: The site is not located near a dedicated CATA Bus Route. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Building Codes: The required fire separation distance (building to property line) prescribed by the building code terminates at five (5) feet. Buildings are allowed to be closer than five (5) feet if they have properly constructed firewalls, which provide the requisite one (1) hour fire resistance rating. When buildings are five (5) feet or more from the property line, the requirement no longer applies to the wall itself, only the projections such as eaves or overhangs. Openings such as doors and windows are limited when the exterior wall is three (3) feet from the property line, and are prohibited when the exterior wall is less than three (3) feet from the line. There is no restriction on openings when the exterior wall is more than three (3) feet from the property line. Contact the City of Little Rock Building Codes at 371-4832 for additional details. 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 add covered parking. The site is within the Hillcrest Design Overlay District. Master Street Plan: North Lookout Road is a Collector. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes shown in the immediate vicinity. Landscape: No comment on this single-family rezoning request. G. SUBDIVISION COMMITTEE COMMENT: (October 27, 2011) The applicant was present. Staff presented the item stating there were few outstanding technical issues associated with the request. Staff stated the property was located within the Hillcrest Design Overlay District. Staff stated the Overlay had specific development criteria with regard to rear yard coverage. November 17, 2011 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-8715 4 Staff stated with the existing building and the addition of the carport the rear yard coverage would be 72.6 percent. Staff stated the ordinance typically allowed a maximum of the 25-foot rear yard area to be covered by 40 percent. Staff stated per the DOD a rezoning was required to allow the increase in rear yard coverage. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: There were no issues raised at the October 27, 2011, Subdivision Committee meeting in need of addressing via a revised site plan. The site is located within the Hillcrest Design Overlay District which addresses a number of issues including rear yard lot coverage. Section 36-434.14(C) states within the rear-lot twenty-five foot setback from the rear property line accessory building coverage shall be no more than forty (40) percent of the area in that section. The structure is located approximately five (5) feet from the alley. Currently in this area there is a structure containing approximately 440 square feet and a parking pad located to the south of the garage. The owner has placed beams for a roof over the gravel parking pad but then stopped construction upon notification by staff that permitting was required. The new structure is proposed containing approximately 465 square feet and allows the parking pad to be under roof. Based on the structure as proposed the area of rear yard coverage would be increased to 72.6 percent. As stated the Hillcrest Design Overlay District allows a maximum rear yard coverage of 40 percent. If for any reason the DOD cannot be adhered to the applicant must seek a rezoning to a planned zoning district with the intent to devise a workable development plan which is consistent with the purpose and intent of the overlay standards. Staff is supportive of the request. Although the structure is proposed in excess of the typical overlay standard the southern portion of the structure will remain open allowing for the visual effect of less massing. There are similar situations located in the area with accessory structures located off the alley. Staff does not feel the covered parking as proposed will impact the site or the area. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. The carport must remain unenclosed on the east, south and west sides. November 17, 2011 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-8715 5 PLANNING COMMISSION ACTION: (NOVEMBER 17, 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 stated the carport was to remain unenclosed on the east, south and west sides. There was no further discussion of the item. The Chair entertained a motion for approval of the item on the consent agenda as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. November 17, 2011 ITEM NO.: 9 FILE NO.: Z-8716 NAME: John Cooley Short-form PCD LOCATION: Located at 24201 Burlingame Road DEVELOPER: John Cooley c/o Shane Harvey 701 West 7th Street Little Rock, AR 72201 SURVEYOR: Donald Brooks Surveying 20820 Arch Street Pike Hensley, AR 72065 AREA: 5.02 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: AF, Agriculture and Forestry ALLOWED USES: Single-family, Recreation and Agriculture/Timber PROPOSED ZONING: PCD PROPOSED USE: C-1, Neighborhood Commercial uses and a Recording studio VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is proposing to rezone the site from AF, Agriculture and Forestry to PCD to allow the use of this existing building as a recording studio. The cover letter indicates the allowance of C-1, Neighborhood Commercial uses as allowable alternative uses for the property. The site was constructed a number of years ago as a daycare center but has been used as a residential use for the past several years. The property is located outside the City limits but within the City’s Extraterritorial Planning Jurisdiction. November 17, 2011 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-8716 2 B. EXISTING CONDITIONS: The property contains a building which was constructed as a non-residential building but has been used as a residence for a number of years. The building has a large circular concrete drive with a porte cochere. The property is located on both sides of Burlingame Road. The property located on the east side of the road is presently a grass covered field. Within this area there is also a major electrical transmission line. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area property owners. All property owners located within 200-feet of the site were notified of the public hearing. There is not an active neighborhood association located in this area. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Burlingame 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. Where the subject property is on both sides of the Burlingame Road, right-of- way of 110 feet should be dedicated. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: The site is located outside the service boundary. Provide a letter from the County Sanitarian concerning the existing septic disposal system and the capacity to handle the new use. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water 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 off the private fire system. Due to the nature of the facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic November 17, 2011 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-8716 3 water service. This assembly must be installed prior to the first point of use. Central Arkansas Water requires that upon installation of the RPZ assembly, successful tests of the assembly must be completed by a Certified Assembly Tester licensed in the State of Arkansas and approved by Central Arkansas Water. The test results must be sent to Central Arkansas Water’s Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: The site is located within the West Pulaski County Volunteer Fire Department’s service area. Provide a letter from the area volunteer fire department indicating their knowledge of the proposed request and their ability to serve the use. County Planning: A dedication of right of way to meet a Class IV Minor Arterial Street Standard per the County Master Road Plan (45-feet from centerline) will be required along the Burlingame Road frontage. CATA: 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 Burlingame Valley 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 AF to PCD to allow for a recording studio and C-1 uses. Master Street Plan: Burlingame Road is a Principal Arterial. The primary function of a Principal Arterial Street is to serve through traffic and to connect major traffic generator or activity centers within an urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Burlingame Road since it is a Principal Arterial. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There is a Class I Bike Path shown along Burlingame Road. A Bike Path is to be a paved path physically separate for the use of bicycles. Additional right-of-way or an easement is recommended. Nine foot (9’) paths are recommended to allow for pedestrian use as well (replacing the sidewalk). November 17, 2011 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-8716 4 Landscape: Any future upgrades may require the addition of landscaping on the site. G. SUBDIVISION COMMITTEE COMMENT: (October 27, 2011) The applicant was present. Staff presented the item stating there were few outstanding technical issues associated with the request. Staff stated the cover letter indicated the allowance of C-1, Neighborhood Commercial uses as allowable alternative uses for the site. Staff stated they did not support the allowance of all the uses listed in the C-1, Neighborhood Commercial zoning district as allowable uses for the property. Staff suggested the applicant review the proposed uses and limit the list to neighborhood friendly uses which were most likely to occupy the site. Public Works comments were addressed. Staff stated per the Master Street plan dedication of right of way 55-feet from centerline would be required. Staff noted the County required dedication was not as stringent as the City therefore the City right of way dedication would prevail. Staff stated where the property was located on both sides of Burlingame Road the entire 110-feet of right of way would be required. Landscaping comments were noted. Staff stated any future upgrades would potentially require the addition of landscaping. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: There were no issues raised at the October 27, 2011, Subdivision Committee meeting in need of addressing via a revised site plan. The applicant has indicated they desire to move forward with the allowance of C-1, Neighborhood Commercial District uses and a recording studio as allowable uses for the site. There are no exterior modifications or upgrades proposed for the site with the approval of the zoning. The site contains a 3,235 square foot building which was originally constructed as a non-residential building, a daycare, but was later used as single-family and has been single-family for a number of years. There is a circular drive extending from Burlingame Road. There is also a gravel parking pad located on the north side of the driveway. As noted in the landscape comments future upgrades may require upgrades to the existing paving and parking areas. November 17, 2011 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-8716 5 The property is located on both sides of Burlingame Road. The applicant is requesting a rezoning of the portion of property located on the west side of Burlingame Road. The property located on the east side will remain zoned AF. The days and hours of operation have not been established for the site, the lighting plan has not been addressed and signage has not been addressed. Staff would recommend the signage be limited to signage allowed in office zones or a maximum of six (6) feet in height and sixty-four (64) square feet in area. Building signage should be limited to signage allowed in office zones or a maximum of ten percent of the front façade. Staff recommends site lighting be low level and directional, directed downward and into the site and follow typical residential lighting with the pole height not to exceed ten (10) to fifteen (15) feet and be placed where the lighting will not interfere with adjacent properties. Staff has concerns with the application as proposed. Staff does not feel the allowance of all the uses within the C-1, Neighborhood Commercial zoning district are appropriate for this site. Within this zoning district an eating place, florist shop, food store, multi-family and school are among the uses allowed. In addition to these allowed uses there are a number of other uses within the C-1, Neighborhood Commercial zoning district which could potentially impact the site with regard to parking and impact the neighborhood with regard to the hours of operation. Staff is supportive of allowing the recording studio to locate on the site. Staff does not feel the recording studio will generate a great deal of traffic to the site and the hours of operation will not impact the residential uses in the area. I. STAFF RECOMMENDATION: Staff recommends denial of the request as filed. PLANNING COMMISSION ACTION: (NOVEMBER 17, 2011) The applicant was present. There were registered objectors present. Staff stated the applicant had revised the request to limit the use to a recording studio and single-family as an allowable alternative use for the property. Staff stated based on the revised request staff was now supportive of the request. Staff presented a recommendation of approval of the request to allow the use of the building as a recording studio and single- family as an allowable alternative use subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Mr. John Cooley addressed the Commission on the merits of the request. He stated he currently owned a recording studio on Autumn Road. He stated he was looking to relocate the business to Burlingame Road. He stated the building had been constructed November 17, 2011 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-8716 6 as a commercial building and had not served well as a private residence. He stated the noise level should not be a concern. He stated the noise should be similar to ambient traffic noise. He stated the building was insulated and isolated to limit the outside noise into the building and the same for the noise inside the building to outside. He stated the business was not an 8 to 5 business. He stated there were occasions where musicians recorded during the evening hours and on weekends. He stated there was one full time and one part time employee of the business other than himself. He stated parking and traffic would not be an issue. He stated the most vehicles he had ever had at his current location was six including his car and his employee’s vehicle. He stated the building had four large rooms, two baths and a small kitchenette. He stated the building as currently configured was idea for the recording studio. Mr. Sam Strange addressed the Commission as the property owner. He stated he and his wife had lived in the structure for the past four years. He stated for the first two years they had tried to get someone to remodel the structure as a private residence. He stated they were unable to get bids for the remodeling. He stated the structure had been for sale for at least two years and there had not been anyone interested in buying the structure for residential purposed. He stated most people would walk in see the layout and leave. He stated the building was not suited for a home. Ms. Lolly Honea addressed the Commission in opposition of the request. She stated she and her neighbors were opposed to the rezoning request to allow a commercial business to locate on the site. She stated there were a number of concerns including traffic, noise and signage. She provided the Commission with the Extraterritorial Planning Jurisdiction Map which included areas for non-residential. She stated she was a real estate agent and carried this map with her to show potential buyers in the area the City’s plan for the area. She stated the building was constructed as a childcare center before the area was brought into the City’s Planning Jurisdiction. She stated there were 71 persons who had signed in opposition to the rezoning request. She stated she was a realtor and felt everyone should go by and have a do right attitude. She provided the Commission with photos of the area stating the area was rural with homes located on large tracts. She stated the commercial businesses were located on Kanis Road and not on Burlingame Road. She stated this area of Pulaski County was a jewel. She stated the placement of the commercial business at this location would not help but hurt property values. She stated the City had spent a great deal of time and money investing in the Extraterritorial Plan and she felt the City should honor the plan. She stated the residents of the area were passionate about the area. She stated a number of years ago City staff called her to help with the implementation of the Extraterritorial Plan. She stated she fought for the plan because a number of the residents in the area did not want zoning. She stated the plan was put in place to protect property values. She stated she did not want to put Ferndale on the map for a recording studio she wanted Ferndale to be on the map because it was such a pristine area. She stated she did not feel the City’s plan for the area should be changed for one person. November 17, 2011 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-8716 7 Ms. Honea questioned if the septic system could handle the commercial business. She questioned if the sign would have lighting. She questioned if the acoustical music would generate noise. Mr. Colley stated the County Sanitarian had been contacted and he was working to secure an approval letter for the existing septic system. He stated with the remodeling two of showers in the baths would be removed. He stated the building was originally constructed as a commercial business for 50 to 60 children. He stated he felt the septic system would more than handle the use as a recording studio. Staff stated the item would not be forwarded to the Board of Directors until the applicant had secured a letter from the County Sanitarian concerning the septic system and the ability to serve the proposed use. He stated the sign would be a 2 ½ by 3 foot sign and the sign would not have lighting. He stated he did not want a huge presence in the area. He stated he wanted to be a good steward of the property and a good neighbor to the residents in the area. There was a general discussion by the Commission concerning the proposed use of the building as residential and as a recording studio. The Commission questioned staff as to the allowable uses under the current AF, Agriculture and Forestry zoning. Staff provided the Commission with the list of allowed uses and the uses which are allowed through the Conditional Use Permit process. The Commission questioned staff if the proposed use was less intense than the proposed use as a recording studio. Staff stated in their opinion the recording studio was a less intense use than could be allowed under the current zoning district. The Commission question Mr. Cooley if he was amending his application to limit the size of the sign. He stated he was amending the application to limit the sign to a 2 ½ by 3 foot sign and the sign would not have lighting. There was no further discussion of the item. The Chair entertained a motion for approval of the item as amended. The motion carried by a vote of 9 ayes, 1 no and 1 absent. November 17, 2011 ITEM NO.: 10 FILE NO.: Z-8717 NAME: Williams Short-form PD-R LOCATION: Located at 401 Steven Drive DEVELOPER: Ethylene Williams 53 King Park Drive Little Rock, AR 72227 SURVEYOR: Donald Brooks Surveying 20820 Arch Street Pike Hensley, AR 72065 AREA: 0.27 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: Duplex VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is requesting a rezoning from R-2, Single-family to PD-R, Planned Development Residential, to allow the conversion of this existing single-family structure into a duplex. The structure is a two-story structure. The lower level is a walk-out basement. The applicant is proposing to allow for one unit upstairs utilizing the existing carport and parking pad. A new drive is proposed on Brooks Lane to allow parking for the lower level. The request includes the allowance of separate meters to serve the two units. November 17, 2011 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-8717 2 B. EXISTING CONDITIONS: The home is located at the end of Steven Drive abutting a wooded area. This area is virtually all single-family with the exception of the commercial/office area located to the south along West Markham Street. North of the site are State offices including the Game and Fish, the State Plant Board and the State Crime Lab which are accessed from Natural Resource Drive. Along West Markham Street on Ellis Drive, which is the entrance to this subdivision, there is a church, and a condominium development. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area property owners. All property owners located within 200-feet of the site and the Treasure Hill Property Owners Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: No comments E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water regarding the size and location of the water meter. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections off the private fire system. Due to the nature of the facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water requires that upon installation of the RPZ assembly, successful tests of the assembly must be completed by a Certified Assembly November 17, 2011 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-8717 3 Tester licensed in the State of Arkansas and approved by Central Arkansas Water. The test results must be sent to Central Arkansas Water’s Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Approved as submitted. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. CATA Bus Route #5, the West Markham route, is located to the south, running along West Markham Street. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Rodney Parham 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 PD-R to convert a single-family structure to a duplex. Master Street Plan: Both Steven Drive and Brooks Lane are Local Streets. The primary function of a Local Street is to provide access to adjacent properties. Bicycle Plan: There are no bike routes shown in the immediate vicinity. Landscape: No comment on this proposed duplex application request. G. SUBDIVISION COMMITTEE COMMENT: (October 27, 2011) The applicant was present. Staff presented the item stating there were a few outstanding technical issues associated with the request. Staff stated the applicant was requesting the allowance of separate meters for the proposed duplex. Staff noted they had received a number of calls from area residents with concerns for the change in use from single-family to multi-family. 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. November 17, 2011 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-8717 4 H. ANALYSIS: There were no outstanding issues raised at the October 27, 2011, Subdivision Committee meeting in need of addressing via a revised site plan. The request is a rezoning from R-2, Single-family to PD-R, Planned Development Residential, to allow the conversion of an existing single-family structure into a duplex. The structure is a two-story structure with the lower level being a walk-out basement. The applicant is proposing to remodel the home for one unit upstairs utilizing the existing carport and parking pad. The second unit will be in the lower level. A new drive is proposed on Brooks Lane to allow parking for the lower level. The request includes the allowance of separate meters to serve the two units. The applicant has indicated there will be very few exterior modifications to the structure and the site. A four (4) foot fence will be placed along the eastern edge of the home near the front corner extending to the north property line to separate the yard areas for the two (2) units. Staff is not supportive of the request. The area is predominately single-family with the multi-family and non-residential uses being located along West Markham Street. Although to the north of this site is an office complex. The neighborhood has a large wooded screening buffer between the homes and the office use and the office complex is not accessed through this neighborhood. The Bill of Assurance for the Santa Fe Park Addition is still valid and includes the following statement: All lots shall be used for residential property only, with exception of Lot 110 which may be used for a retail business establishment or service activities. There appears to be no distinction regarding the type of residential. I. STAFF RECOMMENDATION: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (NOVEMBER 17, 2011) Ms. Ethelyne Williams was present representing the request. There was one registered objector present. Staff presented the item with a recommendation of denial. Ms. Williams stated she was requesting a rezoning to allow the existing structure to be converted to a duplex. She stated she retired in 2005 after 49 years of teaching with the Pulaski County School District. She stated she currently owned five rental properties in the Ellis Acres Addition. She stated her tenants were long-term tenants with one tenant living in her home for 14 years. She stated the structure was 2,400 square feet with 1,200 square feet on the upper level and 1,200 square feet in the lower level. She stated the lot was over ¼ acre. She stated this home and lot was November 17, 2011 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-8717 5 much larger than other homes in the subdivision. She stated both Stephen and Brooks were dead end streets. She stated there would be cosmetic improvements to the exterior of the building and the installation of a parking pad from Brooks to serve the lower level unit. She stated she had contacted the property owners in the immediate vicinity and had 11 signatures from property owners stating they did not feel the duplex would diminish their property values. Ms. Williams provided the Commission with photos of the home and the side yard where the parking pad was proposed. Mr. Joe Kilpatrick addressed the Commission in opposition. He stated he and his son owned the house next door. He stated his concern was the conversion of the home and the installation of the parking pad. He stated all the water from Ms. Williams property drained onto their property. He stated his son had tried to divert some of the water with the installation of a drainage ditch and rocks. He stated his property value was based on the properties and uses in the area. He stated Ms. Williams’ values were based on the rents she received. He stated his home was 1,800 square feet and would lend itself to conversion to a duplex. He stated the area was single-family. He stated Ms. Kelly Ward who lived at 10018 Brooks Lane was also with him and was opposed to the request as well. He stated his concerns were the visual impact and traffic. Ms. Ruth Bell, League of Women Voters of Pulaski County, addressed the Commission in opposition. She stated she could remember when Ellis Acres was a new and upcoming subdivision. She stated now the homes were cycling. She stated the long-term owners were moving to assisted living facilities or other facilities and the homes were rolling over. She stated at this point in the neighborhoods life it could become less desirable or neighborhood renewal could happen. She stated the problem was with future conversions and if this could be used as a rational for approving an addition duplex in the area. She stated the neighborhood needed the Commission’s help to rejuvenate itself. Ms. Williams stated she was unaware of any drainage issues. She stated the lot was fairly level. She stated the pad would be constructed with curbs to direct the water back into the street and away from the neighbor’s property. She stated duplexes had a place in the upward mobility and downward mobility of people. She stated seniors would look to a duplex when moving from their homes and before an assisted living facility. She stated young families would look to a duplex prior to homeownership. She stated change was going to come. She stated according to the County records the next home in comparison was 1,600 square feet, which was much less than the home she was proposing for a duplex. She stated if allowed to convert the upper unit would be 1,200 square feet and the lower level would be 1,200 square feet. Mr. Kilpatrick stated from Stephen Drive looking eastward all you could see was the top of his house. He stated there was a significant grade change from Ms. Williams lot to his lot. November 17, 2011 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-8717 6 There was a general discussion by the Commission with Ms. Williams concerning the proposed driveway and the grade of the lot. The Commission questioned Ms. Williams concerning the drainage and the slope of the lot. Ms. Williams stated the lot was level in the area proposed for the parking pad. She stated water from the pad would not flow onto the neighboring property but would be absorbed or flow back into the street. The Commission questioned staff if Ms. Williams was allowed a driveway on Brooks Lane. Staff stated with proper permits Ms. Williams could install the drive. There was no further discussion of the item. The Chair entertained a motion for approval of the item as presented by staff. The motion failed by a vote of 1 aye, 8 noes and 2 absent. November 17, 2011 ITEM NO.: 11 FILE NO.: Z-8718 NAME: Union Rescue Mission Short-form PD-O LOCATION: Located at 2921 Confederate Boulevard DEVELOPER: Union Rescue Mission 3001 Confederate Boulevard Little Rock, AR 72216 SURVEYOR: Kittler-Roberts Group, LLP 3906 Highway 5 North Bryant, AR 72022 ARCHITECT: Rudy Architects, Inc. 300 Spring Building #715 Little Rock, AR 72201 AREA: 14,453 sq ft NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: I-2, Light Industrial ALLOWED USES: Industrial PROPOSED ZONING: PD-O PROPOSED USE: Institutional - short term housing and shelter VARIANCES/WAIVERS REQUESTED: 1. A variance from Sections 30-43 and 31-210 to allow two drives located along Confederate Boulevard which do not comply with typical standards. 2. A deferral of the required one-half street improvements to East 30th Street. November 17, 2011 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-8718 2 A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The property located at 2921 Confederate Boulevard is being considered for rezoning from I-2, Light Industrial District to Planned Development Office (PD-O) to allow the redevelopment of the property with a new institutional shelter for men enrolled in the Union Rescue Mission’s primary recovery programs. The new construction will double the current capacity of the Union Rescue Mission. The site is located within the Granite Mountain Overlay District, which generally promotes development that places buildings towards Confederate Boulevard with parking in the rear. Wider sidewalks with trees are intended to promote walking and bicycle use. The applicant indicates the use of the property as well as the design of the site is oriented towards generating pedestrian-friendly development and is consistent with the intent of the Design Overlay District. The plan indicates the placement of an eight (8) foot sidewalk along Confederate Boulevard but has pushed the walk back from the curb slightly so the required trees do not interfere with existing overhead power lines which will stay. According to the applicant in order to maximize the space on the property, it is necessary for the developer to place the entry drive and parking along the front. The few number of parking spaces and one-way entry drive is intended to keep traffic slow and defer to pedestrians coming and going. The applicant states the new building is very similar to the existing, with the most significant change coming from the added drive, parking, landscaping and streetscape along Confederate Boulevard. B. EXISTING CONDITIONS: This area contains a number of uses including residential, office, institutional, auto repair and retail. There is a large amount of vacant industrially zoned property located in this area. East 30th Street is located along the southern boundary of the property. The street is an unimproved street and for the most part a gravel drive serving the adjacent distribution business. Confederate Boulevard is a State Highway. There are no sidewalks adjacent to this site. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received one informational phone call from an area property owner. All property owners located within 200-feet of the site and the Community Outreach Neighborhood Association were notified of the public hearing. November 17, 2011 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-8718 3 D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Confederate Boulevard is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. 2. A 20 foot radial dedication of right-of-way is required at the intersection of Confederate Boulevard and East 30th Street. 3. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvements to Confederate Boulevard including 5-foot sidewalks with the planned development. The improvements should begin at the north property line and continue to the south property line. The new back of curb should be located 29.5 feet from centerline. 4. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to East 30th Street including 5-foot sidewalks with the planned development. The new back of curb should be located 15.5 feet from centerline of the right-of-way and 14.5 feet from the property line. At least 20 feet of asphalt surface must be provided. 5. Sidewalks with appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. 6. All driveways shall be concrete aprons per City Ordinance. 7. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. 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. Stormwater detention ordinance applies to this property if the property is one (1) acre or larger. Show the proposed location for stormwater detention facilities on the plan. 10. If disturbed area is one (1) or more acres, obtain a NPDES stormwater permit from the Arkansas Department of Environmental Quality prior to the start of construction. 11. Driveway locations do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The proposed driveways on Confederate Boulevard must be spaced 300 feet from other driveways and streets and 150 feet from property lines. On East 30th Street driveway must be spaced 125 feet from property line. November 17, 2011 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-8718 4 12. Truck parking is located within the right-of-way of East 30th Street. As currently indicated on the site plan the trucks will block the City sidewalk and will extend beyond the curb into the public street. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: Approved as submitted. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required they will be installed at the developer’s expense. Please submit plans for water facilities and/or fire protection systems to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and the Little Rock Fire Department is required. Contact Central Arkansas Water regarding the size and location of the water meter. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections off the private fire system. Due to the nature of the facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water requires that upon installation of the RPZ assembly, successful tests of the assembly must be completed by a Certified Assembly Tester licensed in the State of Arkansas and approved by Central Arkansas Water. The test results must be sent to Central Arkansas Water’s Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Place fire hydrants per code. Maintain a minimum access of 20-feet. Contact the Little Rock Fire Department for additional information. County Planning: No comment. November 17, 2011 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-8718 5 CATA: The site is located on CATA Bus Routes #6, the Granite Mountain route and #19, the Hensley Express route. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the I-30 Planning District. The Land Use Plan shows Mixed Use for this property. This category provides for a mixture of residential, office and commercial uses to occur. A Planned Zoning District is required if the use is entirely office or commercial or if the use is a mixture of the three. The applicant has applied for a rezoning from I-2, Light Industrial to PD-O for a residential shelter and training facility. The site is within the Granite Mountain Design Overlay District. Master Street Plan: Confederate Boulevard 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 Confederate Boulevard since it is a Minor Arterial. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class II Bike Lane is shown along Confederate Boulevard. Bike Lanes provide a portion of the pavement for the sole use of bicycles. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. Screening will be required adjacent to any residentially zoned or used property. Screening may be accomplished via a 6-foot fence or wall or by providing a planted evergreen screen. G. SUBDIVISION COMMITTEE COMMENT: (October 27, 2011) The applicant was present. Staff presented the item stating there were a number of outstanding technical issues associated with the request. Staff stated the property was located within the Granite Mountain Design Overlay District. Staff stated the DOD regulated a number of issues including building and parking placement. Staff stated the DOD required all buildings to be pulled up to the street and did not allow parking between the building and the street. Staff stated the DOD also required the placement of an eight (8) foot sidewalk where the November 17, 2011 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-8718 6 Master Street Plan only required the placement of a five (5) foot sidewalk. Staff stated the DOD required the placement of street trees within the eight (8) foot sidewalk area. Public Works comments were addressed. Staff stated radial dedication would be required at the intersections of the abutting streets. Staff also stated street improvements to Confederate Boulevard and West 30th Street would be required with the proposed development. Staff stated as presented the delivery truck service from West 30th Street would extend beyond the sidewalk and into the City street. Staff stated a grading permit would be required prior to any clearing of the site. Staff stated the driveways as presented did not meet with minimum ordinance standards. Staff stated a variance was required to allow the drives as currently proposed. Landscaping comments were addressed. Staff stated screening would be required adjacent to any residentially zoned or used property. Staff stated building landscaping would be required with the 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 applicant submitted a revised site plan to staff addressing the issues raised at the October 27, 2011, Subdivision Committee meeting. The revised plan has addressed staff’s concerns related to the radial dedication along Confederate Boulevard and East 30th Street. The building and parking have not been redesigned to comply with the Granite Mountain Design Overlay District. The DOD states surface parking is to be located behind or adjacent to the structure, never between the building and the street. As currently proposed the surface parking will be located between the building and the public right of way. The applicant has indicated based on the configuration of the property the parking behind the building cannot be achieved. The applicant states the layout as shown with a single row of parking and single access drive is in keeping with the intent of the DOD, which is to avoid large expanses of asphalt and creation of un- pedestrian friendly environments. The Overlay states the setback along Confederate Boulevard is to be 15-feet. The site plan indicates the placement of the building at 43-feet. Based on the site design the building front located at a 15-foot building setback cannot be met. November 17, 2011 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-8718 7 The DOD allows a maximum sign height of 6-feet and a maximum sign area of 30 square feet. The applicant has indicated the development will comply with ground signage per the DOD. The applicant has indicated no building signage is anticipated at this time. Staff recommends should building signage be desired in the future the building signage is to comply with signage allowed in the office zones or a maximum of ten (10) percent of the façade area of the front façade. Per the DOD, there is to be an 8-foot sidewalk along Confederate Boulevard. Within the sidewalk there is to be a 4-foot tree zone. The site plan indicates the placement of an eight (8) foot sidewalk along Confederate Boulevard and the placement of trees within the sidewalk area. Per the DOD trees are to be planted 30-feet on center, 2-feet off the back of curb and trees are to be 3 to 3 ½” in caliper at the time of planting. The applicant has indicated the development will comply with this development criteria. The maximum pole height for parking lot lighting is 20-feet. The development is to follow “dark skies”. The applicant’s revised cover letter states all parking lot lighting will be installed to be non-reflective and will follow the Overlay requirement for dark skies. The maximum pole height will be 20-feet as required by the DOD. The request includes a variance from Sections 30-43 and 31-210. The drives located on Confederate Boulevard are not located 300 feet from other driveways and streets and 150 feet from the property lines. The applicant has indicated based on the current design a variance from the minimum driveway spacing requirement is required. Based on the low volume of traffic which will be entering and exiting the site and the adjacent uses, staff feels the drives as proposed will not cause conflicts with adjacent properties. The drive on East 30th Street is not located 125 feet from the property line. The drive will serve the development for deliveries and dumpster service. Staff is supportive of the drive in this location as well. Staff feels the low volume of traffic on East 30th Street as well as the limited use of the drive by the Union Rescue Mission will not cause any conflicts with the adjacent development. The request includes a deferral of the required one-half street improvements to East 30th Street. The applicant states the only access to the street is the adjacent distribution business and deliveries to Union Rescue Mission. The applicant also states the traffic from the distribution business is primarily semi truck traffic. Staff is supportive of the deferral request. Staff does not feel the allowance of a five (5) year deferral of the required street improvements or until abutting development occurs will significantly impact the area. November 17, 2011 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-8718 8 Staff is supportive of the request. The request is for a rezoning to allow the redevelopment of the site with a new structure to house a homeless shelter to serve the Union Rescue Mission’s clients. The Union Rescue Mission currently provides this service in a building across the street from the proposed new center. Staff does not feel the replacement of the commercial building currently located on the site with a new building to continue a use that exists in the neighborhood will negatively impact the area. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends approval of the variance request from Sections 30-43 and 31-210 to allow the drives located on Confederate Boulevard and East 30th Street as indicated on the site plan. Staff recommends approval of the deferral request of the required street improvements to East 30th Street for a period of five (5) years or until abutting development occurs, whichever occurs first. PLANNING COMMISSION ACTION: (NOVEMBER 17, 2011) The applicant was present. There was one registered objector present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff presented a recommendation of approval of the variance request from Sections 30-43 and 31-210 to allow the drives located on Confederate Boulevard and East 30th Street as indicated on the site plan. Staff also presented a recommendation of approval of the deferral request of the required street improvements to East 30th Street for a period of five (5) years or until abutting development occurs, whichever occurs first. Mr. Aaron Rudy addressed the Commission on behalf of the Union Rescue Mission. He stated there were a number of Board members present to show their support of the request. He stated they would yield their time to the opposition and answer any questions raised. Mr. Bill Clones addressed the Commission in opposition of the request. He stated he owned the adjoining business, which was a soft drink distribution business. He stated his concerns were security and access. He stated his drivers were at the business in November 17, 2011 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-8718 9 the early morning hours to load their trucks for deliveries. He stated to date there had not been any incidents with the Union Rescue Mission clients but his fear was with the increase in number of clients served the potential for problems was increased. He stated his trucks used East 30th Street for access to the building. He stated currently there were cars, which would park in the street and block access. He stated with the additional clients and staff there would be more cars with limited parking spaces. He stated he feared with the increase in the number of vehicles the street would be blocked denying him access to his property. He requested the Commission deny the request. Mr. John Gill of the Union Rescue Mission Board addressed the Commission on the merits of the request. He stated the Mission was construction a new building. He stated the use was not new to the area. He stated the Mission had been operating across the street from this site for a number of years. He stated he was unaware of any issues with the adjoining properties and the Mission’s clients. He stated if parking became an issue then a no parking sign could be placed within the right of way to alleviate the problem. He stated 30th Street was not a street today but an unimproved driveway. He stated the Mission would at some point in the future make improvements to the street, which should then minimize access issues for the neighbor. Staff stated the City was now partnering with the Union Rescue Mission in the area and there would be an added level of involvement in the area. Staff stated there could possibly be an added level of security with the City’s presence in the area. 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. 0 W w LU 0 U) 0 Z CL r_- LU Q d P, CL `n c1a E. a LLI C) LU 0 Q T Wd L.LJ u! Q N Lu C a LU U) D CD iLl G7 C� LLI Z d w of L L m = LL rC _ Q LL- [j --T — Q 0 > Q J P, CL `n c1a E. a LLI C) LU 0 Q T Wd L.LJ u! Q Lu C a LU U) D CD iLl G7 C� LLI Z d w of L L m = LL rC _ Q LL- [j --T — Q 0 > Q J P, CL `n c1a E. a LLI C) LU 0 Q T Wd L.LJ u! Q November 17, 2011 There being no further business before the Commission, the meeting was adjourned at 6:15 p.m. d e :-1 c TCh rman Sedretaryu