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pc_08 12 2010sub LITTLE ROCK PLANNING COMMISSION SUBDIVISION HEARING SUMMARY AND MINUTE RECORD AUGUST 12, 2010 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present there being seven (7) members present. II. Members Present: Tom Brock J. T. Ferstl Troy Laha Obray Nunnley, Jr. Bill Rector Billy Rouse Jeff Yates Members Absent: “Goose” W. Changose Marcus Devine Dan Harpool Open Position City Attorney: Cindy Dawson III. Approval of the Minutes of the July 1, 2010 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION SUBDIVISION AGENDA AUGUST 12, 2010 OLD BUSINESS: Item Number: File Number: Title: A. Z-7875-C Taylor Park Subdivision Revised POD - Phase II, located on the West side of Taylor Park Boulevard just South of Kanis Road. B. Z-8545 7001 Cantrell Road Auto Sales Short-form PCD, located at 7001 Cantrell Road. C. Z-8546 Junior Martinez Long-form PID, located at 4200 Hoerner Road. D. Z-5427-C Huffman Office Warehouse Short-form POD, located on the Southeast corner of Kanis Road and Cherry Brook Drive. E. Z-7897-A Parkway Automotive Revised Short-form PD-C, located at 708 Kirk Road. F. Z-8514-B Little Rock Housing Authority Park Addition Revised PD-R, located on the Southeast corner of 12th and Park Streets. G. Z-8556 Red’s Towing Inc. Short-form PD-C, located at 2227-2229 Wilson Road. H. Z-8559 Chenal South Blocks 1 and 2 Long-form PD-R, located on the Southwest corner of Denny Road and Gordon Road. I. S-1654 Williams Addition Preliminary Plat, located on the Southwest corner of 23rd and Walker Streets. J. LA-0032 Woodlands Trail Land Alteration Variance Request, located on the Southwest corner of Kanis Road along Woodlands Trail. Agenda, Page Two NEW BUSINESS: I. PRELIMINARY PLAT: Item Number: File Number: Title: 1. S-980-C Morris Subdivision Replat Lots 1-RR and 3, located at 12610 Chenal Parkway. 2. S-1636-B Beau Rivage Subdivision Revised Preliminary Plat, located East of Southridge Drive and South of the Walton Heights Subdivision. 3. S-1649-A The Orchards at Mabelvale Revised Preliminary Plat, located at 9501 Mabelvale Pike. II. SITE PLAN REVIEW: Item Number: File Number: Title: 4. S-1655 RIC Inc. Subdivision Site Plan Review, located at 5505 Scott Hamilton Drive. 5. Z-6477-B Pleasant Ridge Zoning Site Plan Review, located at 11610 Pleasant Ridge Road. III. PLANNED DEVELOPMENTS: Item Number: File Number: Title: 6. Z-2934-E Massey Long-form PD-R, located at 5001 Stagecoach Road. 7. Z-7917-C Arkansas Dental Health Revised Short-form PCD, located at 12018 Chenal Parkway. 8. Z-7969-B Phillips Revised Short-form PCD, located at 6100 Stones Road. 9. Z-8100-B Purvis Industries Revised Long-form PID, located at 8911 I-30. Agenda, Page Three III. PLANNED DEVELOPMENTS: (CONTINUED) Item Number: File Number: Title: 10. Z-8489-A The Gardens at Valley Falls Revised PD-R, located on the Southwest corner of LaMarche Drive and Taylor Loop Road. 11. Z-8519-B The Orchards at Mabelvale Phase II Short-form PD-R, located at 9501 Mabelvale Pike. 12. Z-8559-A Chenal South Blocks 3 and 7 Long-form PD-R, located on the Southwest corner of Denny Road and Gordon Road. 13. Z-8573 Wilson Short-form PD-R, located at 66 – 70 Avignon Court. 14. Z-8574 Buntaine Short-form PD-R, located at 303 Rosetta Street. IV. OTHER BUSINESS: Item Number: File Number: Title: 15. A revision of the River Market Design Overlay District (Sec. 36-359 Streetlights and furnishings.) August 12, 2010 ITEM NO.: A FILE NO.: Z-7875-C NAME: Taylor Park Subdivision Revised POD - Phase II LOCATION: Located on the West side of Taylor Park Boulevard just South of Kanis Road DEVELOPER: Graham Smith Construction LLC 13503 Kanis Road Little Rock, AR 72211 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 1.68 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: POD ALLOWED USES: Single-family residential attached and detached and Office as allowed per the O-3, General Office Zoning District PROPOSED ZONING: POD PROPOSED USE: Phase II - Single-family residential attached and Office as allowed per the O-1, Quiet Office Zoning District – Maintain previous approvals for Phase I VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: The Planning Commission reviewed a request and recommended approval for Taylor Park Long-form POD at their July 7, 2005, public hearing. The site plan included the development of 22.9 acres containing a mixed-use development including office and residential uses. The property fronting along Kanis Road would allow O-3, General Office District uses with the remainder of the site being developed with attached and detached single-family residences. Ordinance No. 19,388 adopted by the Little Rock August 12, 2010 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-7875-C 2 Board of Directors on August 30, 2005, rezoned the site from R-2, Single-family to POD establishing Taylor Park Long-form POD. Ordinance No. 19,635 adopted by the Little Rock Board of Directors on November 21, 2006, allowed a revision to the POD by allowing the height and area of the subdivision identification sign to be increased. On February 25, 2010, the Planning Commission denied a request to allow the property owner located at 2 Chapman Lane to maintain a wood deck and a pergola surrounded with a six-foot wood fence which had been constructed without a permit and across a platted building line and within a ten (10) foot utility easement. The denial request was not appealed to the Board of Directors. The property owner has decreased the height of the fence, removed the pergola beyond the building line and is to raise the grade of the lot around the deck to comply with typical ordinance standards for single-family development. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The developer of the Taylor Park Subdivision has now purchased 1.68 acres located on the west side of Taylor Park Boulevard and is proposing the construction of the 2nd Phase of the subdivision. The development is proposed with two (2) office buildings each containing 3,375 square feet and a shared parking lot. The parking is proposed with a single access point to Taylor Park Boulevard. The development will also contain eleven (11) common wall patio homes located on individual lots and constructed similar to the existing attached homes within the existing subdivision. The new residential units will be located in three (3) buildings with two (2) buildings containing four (4) units and one (1) building containing three (3) units. The building envelope is indicated containing 2,890 square feet. Each of the units will contain a garage. The homes will have individual driveway accesses to Taylor Park Boulevard. The development will be constructed in phases with the residential units constructed in the first phase. The office buildings will be constructed as the market demands. The request includes a variance from the City’s Land Alteration Ordinance to allow grading of the entire area with the initiation of Phase I. The development will contain a retaining wall along a portion of the western perimeter. A note on the site plan indicates a maximum wall height of ten (10) feet. The request includes a deferral of the required street improvements to Kanis Road until the development of Lot 60, the lot adjacent to the street frontage. The property is not covered under a bill of assurance. August 12, 2010 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-7875-C 3 B. EXISTING CONDITIONS: The property proposed for development is presently a vacant tract with a scattering of trees. The Taylor Park Subdivision has developed with single-family homes both attached and detached. It appears the majority of the attached units have been constructed and only a few lots remain for the detached single-family homes. The office portion of the development along Kanis Road has not been initiated. The developer does occupy a structure along Kanis Road as his construction and sales office. Street improvements to Kanis Road were completed with the first Phase of the Taylor Park Subdivision. Taylor Park Boulevard has also been constructed with a sidewalk along the eastern side. The area has not changed much since the original approval. The area remains single-family with homes located on large lots. The area to the south is developing as the Woodlands Edge Subdivision. To the west of this site a new street, Woodlands Edge Trail, has been constructed from Kanis Road to the south accessing the Woodlands Edge Subdivision. This area is zoned PCD for future development of office and commercial uses. The area to the north includes two properties zoned as planned developments for office uses and a third property to the northeast is also zoned for office use. The remaining area is single-family homes located on large lots or parcels. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents. All property owners located within 200 feet of the site, all residents who could be identified located within 300 feet of the site, the Parkway Place Property Owners Association, the Gibraltar Heights/Pointe West/Timber Ridge Property Owners Association and the Woodlands Edge Community Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Kanis Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. 2. A 20 foot radial dedication of right-of-way is required at the intersection of Kanis Road and Taylor Park Boulevard. August 12, 2010 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-7875-C 4 3. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvements to Kanis Road including 5-foot sidewalks with the planned development. 4. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 5. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). 6. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of excavation. 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. A variance must be approved from the Land Alteration Ordinance to allow the developer to advanced grade with Phase 1. 10. Handicap access ramps should be installed to cross Taylor Park Boulevard at Kanis Road and at the southern property line of Lot 59. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension with easements is required for this project. Contact Little Rock Wastewater for additional information. Entergy: A ten (10) foot underground utility easement is required. 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. Contact Central Arkansas Water regarding the size and location of the water meter. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. August 12, 2010 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-7875-C 5 Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: No comment received. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Ellis Mountain Planning District. The Land Use Plan shows Suburban Office and Residential Low Density for this property. The applicant has requested to amend the previously approved Planned Office Development to allow the construction of three additional residential buildings and two office buildings. The mixture of these two uses coincides with the land use plan. This area is not covered by a Neighborhood Plan. Master Street Plan: Kanis Road is a Minor Arterial. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Kanis Road since it is a Minor Arterial. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Taylor Park Boulevard is a Local Street. The primary function of a Local Street is to provide access to adjacent properties. Local Streets which are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. These streets have a design standard the same as a Collector. Bicycle Plan: There are no bike routes shown in the immediate vicinity. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. The landscape ordinance requires a nine-foot (9’) wide landscape strip, around the office use properties entirety. A variance from this requirement must be obtained from the City Beautiful Commission prior to the issuance of a building permit. August 12, 2010 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-7875-C 6 3. The zoning buffer ordinance requires a nine (9) foot wide land use buffer along the western property line. Seventy percent (70%) of this area is to remain undisturbed. 4. Screening will be required along the western perimeter where abutting residentially zoned or used property. G. SUBDIVISION COMMITTEE COMMENT: (April 29, 2010) Mr. Scott Hurley and Mr. Joe White were present representing the request. Staff presented an overview of the development stating additional information was necessary to allow a complete review of the proposed development. Staff requested information concerning fences, decks, porches and patios allowed within the single-family portion of the development. Staff also questioned the orientation of the office buildings located along Kanis Road. Staff stated building signage should be addressed through the review process. Public Works comments were addressed. Staff requested clarification on the request for advanced grading. Mr. White stated the office buildings would not be constructed in the initial phase but the request was to clear the office portion of the site with the construction of the residential homes. Staff stated the stormwater detention ordinance would apply to development of the site. Mr. Hurley questioned if the City would accept an in-lieu contribution. Staff stated they would not accept an in-lieu contribution and the development should provide the required detention. Mr. Hurley stated the developer was requesting a deferral of the required street improvements to Kanis Road until the development of the office lot abutting Kanis Road. Landscaping comments were addressed. Staff stated a portion of the parking located along the western perimeter was located within the required land use buffer areas. Staff stated the zoning buffer ordinance requires the placement of a nine (9) foot wide land use buffer along the western perimeter of the site. Staff stated seventy percent (70%) of the buffer area was to remain undisturbed. Mr. White questioned if the back-out area was constructed of a pervious pavement if the back-out area could remain. Staff stated the pervious pavement would be allowed within the land use buffer area. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. August 12, 2010 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-7875-C 7 H. ANALYSIS: The applicant submitted a revised cover letter and site plan to staff addressing the issues raised at the April 29, 2010, Subdivision Committee meeting. The applicant has indicated the existing stormwater detention facility will be reviewed to determine if the area is adequate to serve the additional area. If the existing stormwater detention facility is not adequate additional stormwater detention will be provided with the new development. The development will be constructed in phases with the residential units constructed in the first phase. The office buildings will be constructed as the market demands. The request includes a variance from the City’s Land Alteration Ordinance requirements to allow grading of the entire 1.68 acres with the construction of the first phase of the development. The site plan indicates a maximum wall height of 10 feet along the western perimeter which is an allowable height under the Land Alteration Ordinance. The request includes a deferral of the required street improvements to Kanis Road until the development of Lot 60, the lot adjacent to the street frontage. Staff is supportive of the deferral request for a period of five years, until the development of Lot 60 or until adjacent development occurs whichever occurs first. The property has approximately 100 feet of street frontage with an existing taper on Kanis Road into Taylor Park Boulevard. Staff feels the deferral request will not significantly impact access to the existing street or to Kanis Road. The development proposes construction of two (2) office buildings each containing 3,375 square feet and a shared parking lot. The development is proposed with a single access point to Taylor Park Boulevard. There are twenty (20) parking spaces proposed to serve the new buildings. The office use would typically require a total of sixteen (16) parking spaces. The site plan indicates a back out area within the western land use buffer area. A note on the site plan indicates this area as a permeable landscape pavement. The proposed use of the office buildings are the uses as allowed in the O-1, Quiet Office District Zoning District. The hours of operation are typical office hours. The fronts of the office buildings will face into the parking lot. The applicant is requesting building signage to be allowed on the fronts of the buildings, which will not have street frontage, and along the eastern façade of the buildings adjacent August 12, 2010 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-7875-C 8 to Taylor Park Boulevard. The maximum sign area for the proposed building signage is ten (10) percent of the façade area on the façade the signage is placed. Ground signage for the office development is proposed on each of the individual lots. The signage is proposed consistent with signage allowed in office zones or a maximum of six (6) feet and a maximum sign area of sixty-four (64) square feet in area which is consistent with signage allowed in office zones. The development is not proposed with electronic signage. The development will also contain eleven (11) common wall patio homes located on individual lots and constructed similar to the existing attached homes within the existing subdivision. The new residential units will be located in three (3) buildings with two (2) buildings containing four (4) units and one (1) building containing three (3) units. The residential lots average thirty-four (34) feet by one hundred fifteen (115) feet. The building envelope is indicated containing 2,890 square feet. Each of the units will contain a single car garage. The homes will have individual driveway accesses to Taylor Park Boulevard. The driveway width will allow for parking of an additional vehicle outdoors. The units will be constructed with four sides of brick and architectural grade singles will be used for roofing materials. The maximum building height proposed is twenty (20) feet at mid height. The units will contain an at grade patio. No decks, porches or pergolas will be allowed on the units without prior approval by the City of Little Rock through a revision to the POD. The units will be allowed fencing as allowed per the zoning ordinance for residentially zoned property. The structures will be placed with a minimum setback from Taylor Park Boulevard of twenty (20) feet. A thirty (30) foot setback is proposed along Kanis Road. The units will have a rear yard setback of 20 feet from the western perimeter. The side yard setback for the units which are not attached is five (5) feet. The site plan indicates a minimum of ten percent of the gross planned office district area will be designated as landscaped open space. The developer also indicates a minimum of five (500) square feet of usable private open space will be provided for each of the townhouse units. The residential portion of the development will not provide a minimum of ten (10) to fifteen (15) percent of the area designated as common usable open space. The majority of the site is indicated on the City’s Future Land Use Plan as Suburban Office with a small portion of the site indicated as Residential Low Intensity. The Suburban Office Classification allows for low intensity developments of office or office parks in close proximity to lower density residential areas to assure compatibility. The Residential Low Intensity August 12, 2010 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-7875-C 9 classification allows for the development of single family homes at a density not to exceed six (6) dwelling units per acre. Residential development typical characteristics of this land use classification are conventional single family homes, but may also include patio or garden homes and cluster homes. The residential portion of Phase I of the Taylor Park Subdivision allowed to develop with a density of 7.2 units per acre. The current request is to allow a density of 9.49 units per acre. When combining the Phase I portion of the Taylor Park Subdivision and this additional phase the overall density of the development is 6.99 units per acre. Staff is supportive of the request. The office portion proposed for development is consistent with the City’s Future Land Use Plan. Only a small portion of the development is indicated within the Residential Low Intensity classification. The remainder of the Taylor Park Subdivision is indicated as Residential Low Intensity which has developed with an overall density in excess of the typical standards of the land use classification. Staff is unaware of any negative impacts the density at which the subdivision has developed has caused the subdivision or the area. The development is mostly built-out with only a few of the detached residential lots remaining. Staff feels the development of this 1.68 acres with two (2) small office buildings and eleven (11) attached residential units is an appropriate development for this site. 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 the City’s Land Alteration Ordinance to allow grading of the entire site with the development of the first phase. Staff recommends approval of the deferral request of the required street improvements to Kanis Road for a period of five (5) years, until adjacent development occurs or until the development of Lot 60 of the Taylor Park Subdivision which ever occurs first. PLANNING COMMISSION ACTION: (MAY 20, 2010) Mr. Graham Smith was present representing the request. There were a number of registered objectors present. Staff presented the item with a recommendation of approval of the item along with the variance request from the City’s land alteration ordinance requirements and the request for the street deferral. August 12, 2010 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-7875-C 10 Mr. Smith addressed the Commission stating Taylor Park Subdivision was developed with 119 attached and detached homes. He stated of the 119 lots 116 homes had sold with three (3) lots remaining to develop. He stated his request was to allow the addition of eleven (11) attached units and two (2) office buildings on property recently purchased located on the west side of Taylor Park Boulevard. Mr. Chia-Chu Chiang addressed the Commission in opposition of the request. He stated the development was a residential area with only one access to Kanis Road. He stated commercial development was not appropriate for the site. Ms. Jennifer Freyman addressed the Commission in opposition of the request. She stated was not wholly opposed to the request but was opposed to the attached units and the office development. She stated she felt the development would be better if developed with detached homes around the perimeter in keeping with the remainder of the development. She stated the attached units with garages in the front were not desirable. She stated traffic and safety were a concern at the entrance to the subdivision. She questioned the office parking lot accessing the residential street and stated a better access would be on Kanis Road. Mr. Tony Nobile addressed the Commission in opposition of the request. He stated the subdivision was three years old and was developed with a mixture of attached and detached homes. He stated the attached homes contained a two (2) car garage with alley access. He stated the perimeter homes also contained a front loaded two (2) car garage. He stated with the development of the eleven (11) attached units the feel of the neighborhood would be changed. He stated the attached units on the perimeter would go against the overall development plan and change the model of the neighborhood. He stated the units were proposed with a single car garage and a two car driveway. He stated the residents were not opposed to the overall development only the placement of the attached units which was out of character with the other homes in the area. He stated with an alternate plan Mr. Smith could construct detached units and based on the sales price could command a higher value thus generating a similar profit for the developer. He also questioned if the office building had sufficient parking and if the parking proved to be inadequate where would the visitor park. He stated the street was not adequate to handle the residential traffic and overflow parking for the office uses. Ms. Grace Ellen Rice addressed the Commission stating her concerns were the same as Mr. Nobile’s but she questioned if the development would be assessed to assist in paying the improvement district taxes. She stated she understood the Commission was not bound by, but could review Bills of Assurances when deciding an issue. She stated she was also concerned there were no homeowners on the improvement district board. She stated she had concerns with the placement of eleven (11) units and felt the residents within Taylor Park would see a ribbon of concrete when entering the subdivision. She stated Graham Smith should be proud of what he had build and not August 12, 2010 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-7875-C 11 want to bring down the development with a development so out of character with the area. Mr. Jeff Jones addressed the Commission in opposition of the request. He stated his area of concern was related to traffic and the two office buildings. He stated the commercial development would increase congestion at the intersection of Taylor Park Boulevard and Kanis Road. He stated Mr. Smith was a good developer and felt the new construction should look like the remainder of the homes on the perimeter of the development. Ms. Margaret Birdsong addressed the Commission in opposition of the request. She stated Kanis Road was still a rural road. She stated Kanis Road was narrow and was it was difficult to access Kanis Road from the subdivision during peak travel times. She stated there were a number of empty office buildings located on Kanis Road as well as within the remainder of the City. She stated it was important a buffer be provided between the residential and non-residential uses. Ms. Beverly Foster addressed the Commission in opposition. She stated it was important to maintain trees when developing in the City. She requested the Commission come to the neighborhood and visit with the homeowners to see why they were so passionate about issues which concerned the neighborhood. Mr. Gary Korte addressed the Commission with concerns. He stated traffic and access were his concerns. He stated with the development of two (2) office buildings on the west sharing a driveway and the development of two (2) office buildings on the east with individual driveways allowing three (3) drives to serve office development would generate a great deal of traffic on the residential street. Ms. Joann Riley addressed the Commission in opposition. She stated it was difficult to get in and out of the neighborhood presently. She stated the addition commercial development would increase traffic on the residential street creating additional danger to the area residents. Additional attendees who filled out a card but did not wish to speak included – Mr. Ron Jones, Mr. Horace Walters, Ms. Ethel Walters, Mr. Joe Stephens, Ms. Ida Daniels, Ms. Rita Chappell, Ms. Shirley Pharis, Ms. Dana Downes, Ms. Peggy Dowd, Mr. Vernon Gould, Ms. Hilda Dillinger, Ms. Nina Bennett and Ms. Patty Snipes. Mr. Smith addressed the Commission addressing residents concerns. He stated Taylor Park Boulevard was constructed to a commercial street standard. He stated the development in 2005 was developed with seven (7) units per acre and the current development was to allow 6.9 units per acre. He stated the attached units were rear loaded units but the perimeter units did have front garages and driveways. He stated the office building would be set 30 feet from Kanis Road and 20 feet from Taylor Park August 12, 2010 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-7875-C 12 Boulevard. He stated he was not looking to cheapen anything. He stated in typical subdivision development the developer put the lesser value homes near the entrance to the subdivision and the more expensive homes in the rear. He stated the homes located at the font of the subdivision would not command has high a value as the homes located further back. He stated the attached units would be easier to sell than detached units. He stated when homes in a subdivision did not sell this brought the value of the remaining homes down. Mr. Smith stated the office uses would be quiet office uses. He stated his plans included moving his office to one of the office buildings. He stated the office would look like a residential unit with architectural shingles, brick similar to the brick within the subdivision, and no overhead signage. Mr. Smith stated he would be willing to defer the item to meet with the neighbors to discuss options for development of the site. The Chair questioned Mr. Smith if he was requesting a deferral of the item. Mr. Smith stated he was requesting a deferral of the item to the July 1, 2010, public hearing. The Chair entertained a motion of approval of the deferral request. The motion carried by a vote of 6 ayes, 0 noes and 5 absent. SUBDIVISION COMMITTEE COMMENT: (June 10, 2010) The item was returned to the Subdivision Committee on June 10, 2010. Staff stated the plan had been revised to include property on the east and west sides of Taylor Park Boulevard. Staff stated the development was now proposed with three (3) units of detached housing, two (2) buildings containing four (4) units and one (1) building containing three (3) units of attached housing and a single office building. During the Committee meeting there was a great deal of discussion concerning the driveway located on Taylor Park Boulevard to access Lot 1 located on the east side of Taylor Park Boulevard. Staff has reviewed the file and it appears with the final approval a drive access was provided to Lot 1 with the elimination of a drive access located on Kanis Road. Other topics of discussion were details of proposed perimeter fencing, the proposed use of the office portion of the site and details of proposed signage. Public Works comments were addressed. Staff stated the ordinance typically did not allow a driveway less than 300-feet from an intersection. Staff stated the drive on Taylor Park Boulevard would require a variance from the Subdivision Ordinance and the Master Street Plan to allow the drive as indicated. Staff stated all grading activities would require approval prior to beginning construction. Staff stated handicap access ramps should be installed to cross Taylor Park Boulevard at Kanis Road at the southern property lot line of Lot 59. August 12, 2010 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-7875-C 13 ANALYSIS: - Revised Plan The applicant submitted a revised site plan to staff addressing a number of the issues raised at the June 10, 2010, Subdivision Committee meeting. The revised plan indicates the placement of three (3) detached single-family homes along the southern perimeter of the development, two (2) buildings of attached housing each containing four (4) units and an office building all located on the west side of Taylor Park Boulevard. On the east side of Taylor Park Boulevard a building of attached units is indicated. The building is proposed containing three (3) units. The revised plan indicates a six (6) foot wide privacy fence along the rear of each of the lots. Interior fencing will be allowed per the R-2, Single-family zoning district. The development will not contain decks. Decks will only be allowed per a revision to the POD by the homeowner. The structures will be placed with a minimum setback from Taylor Park Boulevard of twenty (20) feet. A thirty (30) foot setback is proposed along Kanis Road for the office building. The units will have a rear yard setback of 20 feet. The detached units will have five (5) foot side yard setbacks. The developer has indicated the proposed use of the office portion of the site will be O-1, Quiet Office users. The site plan indicates the placement of a 3,375 square foot office building located on Lot 59. The maximum building height proposed is 20-feet to the mid-section of the roof. The building is proposed with 20 parking spaces. The zoning ordinance would typically require eight (8) spaces to serve an office use this size. Two (2) of the spaces are shown encroaching into the required land use buffer along the western perimeter. Staff recommends two (2) of the spaces be removed to allow for the proper buffer width. Signage for the office portion of the development is a single ground mounted sign not to exceed six (6) feet in height and sixty-four (64) square feet in area. Building signage is proposed on the north and east facades. Building signage will comply with signage typically allowed in office zones or a maximum of ten (10) percent of the façade area. The residential portion of the development is proposed containing 18.02 acres. Within the existing subdivision 120 units of attached and detached homes have been constructed and an additional fourteen (14) units are proposed with the new development. An overall density of 7.44 units per acre is proposed. The original development allowed a density of 7.2 units per acre. Although the development is slightly increasing the overall density staff is still supportive of the development. As indicated previously this area is indicated as Suburban Office on the City’s Future Land Use Plan. Staff feels the development allows for a good transition between Kanis Road and the residential uses located within the subdivision. August 12, 2010 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-7875-C 14 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 the western-most two (2) parking spaces be removed to allow for the proper land use buffer width in this area. PLANNING COMMISSION ACTION: (JULY 1, 2010) Mr. Joe White of White-Daters and Associates was present representing the request. There were registered objectors present. Staff presented the item stating the applicant had submitted a request dated June 30, 2010, requesting a deferral of the item to the August 12, 2010, public hearing. Staff stated the deferral request would require a waiver of the Commission’s By-laws with regard to the late deferral request. Staff stated they were supportive of the deferral request. There was no further discussion of the item. A motion was made to approve 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 submitted a revised site plan to staff addressing a number of the issues raised at the June 10, 2010, Subdivision Committee meeting. The revised plan indicates the placement of eleven (11) detached single-family homes and an office building. The developer has indicated the new homes will be constructed with similar construction materials and architectural elements as the existing detached homes in the subdivision. The revised plan indicates a six (6) foot wide privacy fence along the rear of each of the lots. Interior fencing will be allowed per the R-2, Single-family Zoning District. The development will not contain decks only at grade patios. Decks will only be allowed per a revision to the POD by the homeowner. The structures will be placed with a minimum setback from Taylor Park Boulevard of twenty (20) feet. A thirty (30) foot setback is proposed along Kanis Road for the office building. The units will have a rear yard setback of 20 feet. The units are proposed with a five (5) foot side yard setback. The developer has indicated the proposed use of the office portion of the site will be O-1, Quiet Office users. The site plan indicates the placement of a 3,375 square foot office building located on Lot 59. The maximum building height proposed is 20-feet to August 12, 2010 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-7875-C 15 the mid-section of the roof. The building is proposed with 20 parking spaces. The zoning ordinance would typically require eight (8) spaces to serve an office use this size. Two (2) of the spaces are shown encroaching into the required land use buffer along the western perimeter. Staff recommends two (2) of the spaces be removed to allow for the proper buffer width. Signage for the office portion of the development is a single ground mounted sign not to exceed six (6) feet in height and sixty-four (64) square feet in area. Building signage is proposed on the north and east facades. Building signage will comply with signage typically allowed in office zones or a maximum of ten (10) percent of the façade area. The residential portion of the development is proposed containing 18.02 acres. Within the existing subdivision 120 units of attached and detached homes have been constructed and an additional eleven (11) units are proposed with the new development. An overall density of 7.26 units per acre is proposed. As indicated previously this area is indicated as Suburban Office on the City’s Future Land Use Plan. Staff feels with the development as proposed allows for a good transition between Kanis Road and the residential uses located within the subdivision. 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 the western-most two (2) parking spaces be removed to allow for the proper land use buffer width in this area. PLANNING COMMISSION ACTION: (AUGUST 12, 2010) Mr. Graham Smith was 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 also presented a recommendation the western-most two (2) parking spaces be removed to allow for the proper land use buffer width in this area. Mr. Graham Smith addressed the Commission stating he had worked with staff and the neighbors to develop a plan he felt would benefit the neighborhood. He stated the homes would be constructed of materials similar to the existing homes in the neighborhood. He stated the homes would all have two (2) car garages and paved driveways. He stated he had reduced the number of office buildings from two (2) to one (1). He stated he agreed with staff concerning the removal of the two (2) western most parking spaces. He stated Taylor Park Boulevard had been constructed to collector street standard with 36 feet of pavement within a 60 foot right of way. He stated the August 12, 2010 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-7875-C 16 street could more than handle the traffic of the additional homes and the future office development. Ms. Grace Ellen Rice addressed the Commission in opposition of the request. She stated on June 30, 2010, a petition was forwarded to the Commission with 76 percent of all residents of Taylor Park signing the petition in opposition of Mr. Smith’s proposal at the time. She stated the submission by Mr. Smith on April 12th included the development of attached residential units along the western perimeter of Taylor Park Boulevard in addition to two (2) office buildings. She stated the plan was later modified and based on the modification the residents began the petition drive. She stated the residents were glad Mr. Smith had made the changes in the latest version and felt they were steps in the right direction. She stated with the revised plan a number of the residents supported the plan but there were still concerns raised by the neighbors. She stated the use of Taylor Park Boulevard for the additional homes and the office development was a concern. She stated having two (2) drives for office development onto Taylor Park Boulevard raised concerns for safety and parking especially with the eleven (11) additional residential drives to be located on the street. Ms. Rice stated another concern was the lack of green space. She stated the residents desired the removal of the office building and placing addition green space at the entrance to the subdivision. She stated the office market was over built as was apparent in office buildings which sat vacant along Kanis Road near Bowman Road. She questioned what restrictions the Commission would place on the developer to limit the scraping of the site. She stated a number of times sites were cleared and no landscaping was placed on the site for years. Ms. Rice stated there were also a number of concerns by the residents which was not under the Commissions purview. She questioned if the new homes would be a part of the existing improvement district. She requested Mr. Smith meet with the residents or a representative group to discuss the residents concerns. She stated the residents could be helpful partners along side Mr. Smith in the neighborhood if he would only talk with the residents. Ms. Ida Daniels did not wish to address the Commission but did want to go on record with opposition. Ms. Angie Greer addressed the Commission in opposition of the request. She stated her concerns were with the office development. She stated the addition of office on the street would raise safety concerns. She stated Taylor Park Boulevard was the only entrance into the neighborhood. She stated her other concern was with the removal of the trees. She stated without the trees as a buffer the noise and air pollution from Kanis Road would be increased. August 12, 2010 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-7875-C 17 Ann Jones addressed the Commission in opposition of the request. She stated she applauded Mr. Smith with the development of detached homes with two (2) car garages. She stated she did not support the office building at the entrance to the subdivision. She stated she was also opposed to the development because of the lack of green space. Ms. Joni Riley addressed the Commission in opposition of the request. She stated the lack of green space and no buffer between the homes and Kanis Road would lessen the quality of life for the residents of the subdivision. Mr. Smith stated the street had been constructed in a manner as to allow for the office development. He stated in the 2006 plan office was proposed along Kanis Road and the City’s Future Land Use Plan indicated office for this area. He stated the design of the new homes would be such to match the existing homes in the neighborhood. He stated he could not address the lack of green space. The Commission questioned if advanced grading was being requested. Mr. Smith stated due to the grade changes the entire area would require grading to allow for fill along the southern perimeter. He stated the area would be seeded and landscaped as required by the City ordinances. The Commission questioned if the homes would be included in the improvements district. Mr. Smith stated there were two (2) improvement districts for the existing subdivision. He stated one was a recreational improvement district which took care of lawn maintenance. He stated the second was to fund the improvements for the subdivision. He stated the new homes would be included in the improvement district but there would be cost associated with bringing the infrastructure to the new lots. He stated he was not sure if the additional homes would allow the improvement district bonds to be paid out sooner but felt this would be the case. The Commission questioned neighborhood meetings with residents. Mr. Smith stated he was willing to meet with residents on a one on one basis or with small groups. He stated he did not call a neighborhood meeting. He stated Mr. Nobile had met with the residents and passed along his proposal to the residents. Mr. Gary Korte addressed the Commission stating Mr. Smith had not been receptive to meeting with the neighborhood. He stated Mr. Nobile was not a spokes person for the neighborhood. He stated there had been one meeting in the cul de sac early on but no other meetings were held. There was a general discussion by the Commission and Mr. Smith concerning the development and the availability for neighborhood meetings. Mr. Smith stated his office was located near the entrance to the subdivision and he and his staff was available to meet with residents as they desired. He stated there were a number of residents who August 12, 2010 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-7875-C 18 had come to him requesting additional information concerning the development. He stated a number of the original persons who opposed the development were now in support. The Commission question Ms. Rice as to if she had met with Mr. Smith. She stated she had not and was not aware of the eight to ten persons Mr. Smith was referring to that were now in support. She stated she felt the revision was a step in the right direction but there were still a number of concerns. Commissioner Yates stated the office portion of the development was not going to get a curb cut from Kanis Road. He stated that was the reason for the design of Taylor Park Boulevard. She stated there were a number of legal issues associated with the improvement district board and the representation. Chairman Yates stated that was not a land use or zoning issue. 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 7 ayes, 0 noes, 3 absent and 1 open position. August 12, 2010 ITEM NO.: B FILE NO.: Z-8545 NAME: 7001 Cantrell Road Auto Sales Short-form PCD LOCATION: Located at 7001 Cantrell Road DEVELOPER: Checkered Flag Auto Sport Inc. P.O. Box 241931 Little Rock, AR 72223 ENGINEER: McGetrick and McGetrick Engineers 10 Otter Creek Court, Suite A Little Rock, AR 72210 AREA: 0.47 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: C-3, General Commercial District ALLOWED USES: General Commercial - indoor retail PROPOSED ZONING: PCD PROPOSED USE: Add Auto Sales outdoor display as an allowable use VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The property located at 7001 Cantrell Road was originally constructed as a service station and the fuel canopy and gas pumps are still on the site. The developer is requesting to renovate the property including resurfacing the parking lot and cleaning up the existing landscaped areas to allow the use of the property as a used automobile dealership. The applicant has indicated a maximum of 40 automobiles will be housed on the site at any given time. Within the existing auto bays one (1) bay will be used for detailing of automobiles. The remaining two (2) will be used as showroom and display. The request includes the use of the right of way along Bryant Street as overflow parking for customers and employees. The use of the right of way will require a August 12, 2010 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-8545 2 franchise agreement with the City of Little Rock to allow the area to be used as overflow parking. B. EXISTING CONDITIONS: The site is a vacant commercial building previously used as a service station. This area has primarily commercial uses fronting Cantrell Road. There are a number of uses including retail, restaurants, office and public uses. To the north and west is multi-family housing. The property immediately west of the site is a City of Little Rock Fire Station and to the east is a shopping center. Cantrell Road is a four lane road constructed with curb, gutter and sidewalks along both sides. The road does not have a center turn lane in this area. Bryant Street is a commercial street constructed with curb and gutter. There is not a sidewalk in place. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents. All property owners located within 200 feet of the site, all residents who could be identified located within 300 feet of the site and the Merriwether 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 Bryant Street and Cantrell Road. 2. Bryant Street is classified on the Master Street Plan as a collector street. A dedication of right-of-way 30 feet from centerline will be required. 3. A plan is currently being prepared by AHTD to widen Cantrell Road in this area. Right-of-way will be acquired when plans are completed and the project is funded. 4. For the existing improvements located in the dedicated right-of-way, obtain a franchise agreement from Public Works (Bennie Nicolo, 371-4818) for the private improvements located in the right-of-way. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: No comment received. August 12, 2010 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-8545 3 Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water if additional fire protection or metered water service is required. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW's Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Fire hydrants may be required. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: No comment received. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the West Little Rock Planning District. The Land Use Plan shows Commercial for this property. The applicant has applied for a rezoning from C-3, General Commercial District to Planned Commercial Development for an auto sales business. This area is covered by the Midtown Neighborhood Plan. The Commercial Development states “Improve and increase retail development to meet local demand for goods and service.” This development could provide a new use for a vacant structure. Master Street Plan: Cantrell Road is a Principal Arterial. North Bryant Street is a Collector. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Cantrell Road since it is a Principal Arterial. The primary function August 12, 2010 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-8545 4 of a Collector Street is to provide a connection from Local Streets to Arterials. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: 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 removal of unnecessary asphalt is both encouraged and appreciated, especially, along Cantrell Road. G. SUBDIVISION COMMITTEE COMMENT: (April 29, 2010) The applicant was present representing the request. Staff presented an overview of the development stating there were a number of outstanding issues in need of addressing prior to the Commission acting on the request. Staff questioned the number of cars proposed for the site. The applicant indicated the site would house 40 to 60 cars but he felt the maximum number would be 40 cars. Staff questioned the use of the service station bays. The applicant stated one (1) bay would be used for detailing and the other two (2) would be used for showroom. Staff questioned if the parking of autos would be within the first 20 feet of the required front yard setback. The developer stated he felt the cars would not be located within the first 20 feet of the front yard setback. Public Works comments were addressed. Staff stated any parking within the right of way would require a franchise agreement with the City. Staff stated a radial dedication was required at the intersection of Cantrell Road and Bryant Street. Staff stated right of way dedication was required on Bryant Street. Staff stated there would not be a required right of way dedication on Cantrell Road at this time since the road was planned for widening by the Highway Department in the near future. Landscaping comments were addressed. Staff stated the site plan was to comply with the City’s Landscape and Buffer Ordinance requirements. Staff also stated the removal of any unnecessary asphalt was both encouraged and appreciated. 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. August 12, 2010 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-8545 5 H. ANALYSIS: There were no issues raised at the April 29, 2010, Subdivision Committee meeting in need of addressing via a revised site plan. The site is an existing service station and the only modification proposed is the removal of the gas pumps and cosmetic repairs. The structures, paving and existing drives will remain. The cosmetic repairs to be completed include painting and clearing of existing overgrown landscaped areas. No new landscaped areas are proposed. The parking lot will be resurfaced. The site will house four (4) employees. The applicant has not identified the hours of operation. The applicant has indicated a maximum of forty (40) automobiles will be located on the site at any given time. Within the existing auto bays one (1) will be used for detailing of the automobiles for sale and the other two (2) will be used as showroom and display. The request includes the use of the right of way along Bryant Street as overflow parking for customers and employees. The use of the right of way will require a franchise agreement with the City of Little Rock to allow the area to be used as overflow parking. There is to be no off loading of vehicle inventory within the public right of way. All loading and unloading of vehicles must take place on the applicant’s property. The request includes building signage and ground signage. The building signage is proposed as typically allowed in commercial zones or a maximum of ten (10) percent of the façade area abutting the public streets. Ground signage is proposed as typically allowed in commercial zones or a maximum of thirty-six (36) feet in height and one hundred sixty (160) square feet in area. No electronic signage is proposed at this time. The applicant has indicated he does not feel there will be display of vehicles within the first 20 feet of the front yard setback. This portion of Cantrell Road is scheduled for widening in the near future. The roadway is proposed with five (5) lanes and sidewalks on both sides. Additional right of way will be bought from this property owner but staff is not sure of the actual right of way width that will be purchased from this site. The loss of land area to right of way will impact the site and areas allowed for display of automobiles simply based on the number of automobiles the applicant intends to locate on the site. Per the zoning ordinance a minimum of ten percent of the gross planned commercial development shall be designated as landscaped open space not to be used for streets or parking. The applicant is not proposing any additional August 12, 2010 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-8545 6 landscaping to the site. The applicant has indicated overgrown existing grassed areas will be maintained. Staff is not supportive of the request. Staff feels the display of forty (40) automobiles on this site is too intense. Staff also feels the use of the site with open display is not an appropriate use for the site. The primary uses in the area are office, indoor retail uses and residential uses. Staff feels the outdoor display aspect of the development could potentially impact the adjacent properties. Staff feels the reuse of the site should be more in keeping with the uses as allowed in the current zoning district. I. STAFF RECOMMENDATION: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (MAY 20, 2010) Que Askari was present representing the request. There were no registered objectors present. The Chair stated based on protocol when eight (8) or fewer Commissioners were present the Commission offered the applicant the option of deferral to a later public hearing. The Chair stated since there were six (6) Commissioners present the applicant could request a deferral to the July 1, 2010, public hearing. Mr. Tim Daters requested the item be deferred to the July 1, 2010, public hearing. The Chair entertained a motion for deferral of the item as requested by the applicant. The motion carried by a vote of 6 ayes, 0 noes and 5 absent. STAFF UPDATE: There has been no change to this application request since the previous public hearing. Staff has received a number of phone calls and letters from area property owners indicating their opposition to allow the site to be rezoned for a used car lot. Staff continues to recommend denial of the request. PLANNING COMMISSION ACTION: (JULY 1, 2010) The applicant was not present. There were no registered objectors present. Chairman Yates stated since the applicant was not present the item would be deferred to the August 12, 2010 public hearing to allow the applicant to be present to present his case for the rezoning request. August 12, 2010 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-8545 7 There was no further discussion of the item. The Chair entertained a motion for approval of deferral of the item to the August 12, 2010 public hearing. The motion carried by a vote of 7 ayes, 0 noes and 4 absent. STAFF UPDATE: There has been no change to this application request since the previous public hearing. Staff has received a number of phone calls and letters from area property owners indicating their opposition to allow the site to be rezoned for a used car lot. Staff continues to recommend denial of the request. PLANNING COMMISSION ACTION: (AUGUST 12, 2010) The applicant was not present. There were registered objectors present. The chair called for a motion to withdraw the item without prejudice. The motion carried by a vote of 7 ayes, 0 noes, 3 absent and 1 open position. August 12, 2010 ITEM NO.: C FILE NO.: Z-8546 NAME: Junior Martinez Long-form PID LOCATION: Located at 4200 Hoerner Road DEVELOPER: Junior Martinez C/o Davidson Law Firm Attn. Skip Davidson 724 Garland Street Little Rock, AR 72201 SURVEYOR: Brooks Surveying 20820 Arch Street Pike Hensley, AR 72065 AREA: 12.94 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: I-2, Light Industrial District ALLOWED USES: Industrial PROPOSED ZONING: PID PROPOSED USE: I-2, Light Industrial District – Add Bar, Tavern or Lounge to the allowed uses VARIANCES/WAIVERS REQUESTED: 1. A deferral of the required parking lot paving for the new parking areas for a period of six (6) months after approval by the City or by the ABC Board which ever occurs later. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The request is a rezoning of the site from I-2, Light Industrial District to PID to add a bar, lounge or tavern as an allowable use for the property. The applicant is proposing the use of the property as a Mexican Restaurant and bar. The business will have dancing, live and deejay music and food and alcohol sales. August 12, 2010 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-8546 2 The hours of operation for the restaurant/bar are proposed as Friday and Saturday nights from 6 pm to 2 am for ages 18 and older. On Sunday the hours of operation will be from 10 am to 6 pm for all ages. A portion of the restaurant/bar will be available for private parties. The site contains approximately 12.94 acres with a total of 127,788 square feet of warehouse/office space. The applicant’s proposed venue would utilize approximately 19,200 square feet on the north end of the building. The remaining space is vacant or occupied by other office/warehouse tenants. An eight (8) foot by fifty (50) foot wood deck will be added at the entrance of the business for outside seating and lounge only. There will be no alcohol or smoking allowed on the deck or anywhere outside the venue. There will be no smoking allowed inside the venue at any time. No permanent sign will be installed on the street. Only a four (4) foot by twelve (12) foot sign will be installed on the west side of the building over the deck and to the left of the entrance at the location. There will be a minimum of one (1) parking space per one hundred (100) square feet of occupied building space for the bar area. Existing parking includes approximately one hundred forty-four (144) parking spaces and forty-nine (49) additional parking spaces are proposed. Access to the site includes one (1) existing entrance from Patterson Road. The applicant is requesting a period of six (6) months from the date of zoning and/or ABC permit approval whichever is later to install the proposed additional paved parking areas and paved access to the parking areas. The proposed use of the site is in violation of the Bill of Assurance for the subdivision. The Bill of Assurance states - The property hereinabove described shall be used only for industrial, manufacturing, warehousing or distribution purposes, and shall not be used for residential purposes. No industry or other business shall be established, maintained or permitted on said lands which produces objectionable smoke, dust or noise other than that normally found in a manufacturing industrial, distribution and warehousing area. B. EXISTING CONDITIONS: The property is located within the 65th Street Industrial area. The property is being used as office/warehouse with various users and there is additional vacant space located in the building. The area is primarily occupied by industrial uses. To the northeast is the City of Little Rock Wastewater Utility overflow detention basin. Further north is the Fourche Creek. The Wakefield and Geyer Springs Neighborhoods are located to the northwest and west of the site. August 12, 2010 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-8546 3 Hoerner and Patterson Roads have been constructed as industrial streets. There is a railroad spur located along the eastern perimeter of the site. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents. All property owners located within 200 feet of the site, all residents who could be identified located within 300 feet of the site, the Upper Baseline Neighborhood Association, the Wakefield Neighborhood Association, the Geyer Springs Neighborhood Association and the Southwest Little Rock United for Progress 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 Patterson Road and Hoerner Road. 2. For the fence encroachment in the area of the 20 foot radial dedication, obtain a franchise agreement from Public Works (Bennie Nicolo, 371-4818) for the private improvements located in the right-of-way. 3. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water if additional fire protection or metered water service is required. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the August 12, 2010 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-8546 4 State of Arkansas and approved by CAW. The test results must be sent to CAW's Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: No comment received. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the 65th Street East Planning District. The Land Use Plan shows Industrial for this property. The applicant has applied for a rezoning from I-2, Light Industrial Distrct to Planned Industrial Development to add a bar, lounge or tavern as an allowable use for the site. The request does not require a change to the Land Use Plan. This area is covered by the Upper Baseline Neighborhood Plan. The Economic Development goal states “Retain existing businesses, and when necessary, find new businesses to replace those that close.” Master Street Plan: Patterson Road is shown as a Collector. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. Hoerner Road is shown as a Local Street. The primary function of a Local Street is to provide access to adjacent properties. Local Streets which are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. These streets have a design standard the same as a Collector. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class III is shown on Patterson Road. A Class III bikeway is a signed route on a street shared with traffic. No additional paving or right-of-way is required. Class III bicycle route signage may be required. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. August 12, 2010 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-8546 5 2. Trees being planted on the property is both encouraged and appreciated by the City of Little Rock and the City Beautiful Commission. 3. Landscaping will be required in conjunction with any new parking areas. G. SUBDIVISION COMMITTEE COMMENT: (April 29, 2010) Ms. Karen King was present representing the request. Staff presented an overview of the request stating they had concerns as to the use of the site and felt the use was a special events center based on the hours of operation. Staff stated the site could not be leased as a special events center with the current zoning request. Staff questioned how the liquor license and business license would be issued. Ms. King stated the business was a bar business and all licenses would be for a bar. She stated there would be an area available for lease for special occasions but that would not be the sole use of the property. She stated even if there was a private party the bar would be open to other persons as well. Staff stated the bar use of the site would potentially generate a parking demand equal to the existing and proposed new parking. Staff questioned the other users within the building and the parking required to meet their needs. Ms. King stated the other businesses operated from 8 am to 5 pm and were very seldom on site during the hours of operation proposed for the bar. Public Works comments were addressed. Staff stated a radial dedication of right of way was required at the intersection of Patterson and Hoerner Roads. Staff stated they would not support a waiver of the required right of way dedication. Ms. King stated she would contact the owners to discuss the right of way requirement. Landscaping comments were addressed. Staff stated any new parking areas would require landscaping per the Landscape Ordinance. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: Ms. King submitted a revised site plan and cover letter addressing the issues raised at the April 29, 2010, Subdivision Committee meeting. The property owner now agrees to the radial dedication of right of way at the intersection of Patterson and Hoerner Roads if the zoning request is approved. The revised cover letter states the liquor license will be for a bar use. A license for a restaurant requires a full course meal to be served at least six (6) days per August 12, 2010 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-8546 6 week. The applicant is proposing the hours of operation to be from 6 pm to 2 am Friday and Saturday nights and from 10 am to 6 pm on Sunday. The applicant has indicated food and alcohol sales will be available for sale and consumption during the business is open. The business will have dancing, live and deejay music in addition to the food and alcohol sales. The site contains approximately 12.94 acres with a total of 127,788 square feet of warehouse/office space. The applicant’s proposed venue would utilize approximately 19,200 square feet on the north end of the building. The remaining space is vacant or occupied by other office/warehouse tenants. Within the 19,200 square feet proposed for occupancy by this user there will have a bar area, a dining area and dance floor. The dining area will contain three (3) areas of 100 feet by 24 feet for a total of 7,200 square feet which can be utilized by large dining parties when customers want to have separation from the general public seating. These areas will not be walled separately but will be open to the remainder of the space and will be available only when the business is open. The request is a rezoning of the site from I-2, Light Industrial District to PID to add a bar, lounge or tavern as an allowable use for the property. The applicant is proposing the use of the property as a Mexican Restaurant and bar. The business will have dancing, live and deejay music and food and alcohol sales. The hours of operation for the restaurant/bar are proposed as Friday and Saturday nights from 6 pm to 2 am for ages 18 and older. On Sunday the hours of operation will be from 10 am to 6 pm for all ages. A portion of the restaurant/bar will be available for private parties. An eight (8) foot by fifty (50) foot wood deck will be added at the entrance of the business for outside seating and lounge only. There will be no alcohol or smoking allowed on the deck or anywhere outside the venue. There will be no smoking allowed inside the venue at any time. No permanent sign will be installed on the street. Only a four (4) foot by twelve (12) foot sign will be installed on the west side of the building over the deck and to the left of the entrance at the location. No electronic signage is proposed. There will be a minimum of one (1) parking place per one hundred (100) square feet of occupied building space of the bar area. The existing parking on site includes approximately one hundred forty-four (144) parking spaces and forty-nine (49) additional parking spaces are proposed. The applicant is requesting a period of six (6) months from the date of zoning and/or ABC permit approval whichever is later to install the proposed additional paved parking areas August 12, 2010 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-8546 7 and paved access to the parking areas. The zoning ordinance requires all wheeled surfaces to be constructed of a hard surface material. The parking as proposed does not allow for adequate parking for the remaining warehouse space on site. According to the applicant other tenants are warehouse users with minimal office space. The remaining tenants are open during regular business hours. The hours of operation of the other users within the building typically will not overlap. If parking becomes an issue the property owner will require additional parking to be installed per City requirements and subject to City approval. Staff has concerns with the development and the use of the property. Staff feels the proposed use of the property is more in line with a special events center than that of a restaurant/bar based on the hours of operation and the use of the site on Sunday for family activities. Resolution #13,096 adopted by the Little Rock Board of Directors on March 2, 2010, established a six (6) month moratorium stating no applications new or pending at any stage of the planning process shall be granted for a business that will be a special events center as the term is currently used by the Planning and Development Department. Staff has forwarded this item to the City Attorney’s Office to determine if the use of the property is that of a special events center or as the applicant has indicated a restaurant/bar. I. STAFF RECOMMENDATION: Staff recommends deferral of this item to the July 1, 2010, public hearing to allow the City Attorney’s office adequate time to review the request and determine if the use can move forward to the Planning Commission and Board of Directors for final action. PLANNING COMMISSION ACTION: (MAY 20, 2010) Mr. Skip Davidson and Mr. Junior Martinez were present representing the request. Staff presented the item stating their recommendation was to defer the item to the July 1, 2010, public hearing to allow staff time to understand the application request. Staff stated the original application was for a special events center and was modified when staff stated they could not process the request. Staff stated once they raised concerns with the use of the property with a private room for parties this was also removed from the request. Staff stated with the use of the property on Sunday for family activities this increased staff’s concerns that the center would be used as a special events center. Staff stated they continued to request a deferral of the item but if the item was moved forward staff could not support the item based on their not knowing how the site would be used. August 12, 2010 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-8546 8 Mr. Skip Davidson addressed the Commission on the merits of the request. He stated Mr. Martinez was requesting the use of the building as a bar. He stated the use would not be a special events center. He requested Mr. Martinez provide the Commission with his business plan. Mr. Martinez addressed the Commission stating his business would be a bar. He stated he had been looking for a site for five (5) years to open his business. He stated currently there was nothing in Little Rock like the bar he planned of operate. He stated the business would have live music and dancing. He stated currently he and his wife had to leave Little Rock to find this type entertainment. He stated his business would employ security to provide a safe place for his customers. Mr. Presley Melton addressed the Commission in opposition of the request. He stated his family had been in business since the 1940’s and in the 1980’s it was time to move from downtown Little Rock. He stated a great deal of research went into picking a location for their business. He stated the family settled on the 65th Street Industrial Park because of the look of the park and the bill of assurance for the subdivision. He stated his business was a 24 hour a day business. He stated currently the employees and the vendors felt safe because there were few cars in the area late night. He stated with the introduction of the bar open to 2:00 am this would generate traffic on the area streets that had not been there in the past. He stated with the addition traffic there was a potential for additional crime. He stated the proposed use of the property as a bar was not in keeping with the zoning or the bill of assurance for the subdivision. Ms. Jo Melton addressed the Commission in opposition. She stated the family bought in the 65th Street Industrial Park area because of the bill of assurance for the subdivision. She stated the business was a 24-hour a day 7-day a week business. She stated a number of the vendors would reach the site and have to wait for someone to let them in. She stated currently the vendors were not afraid to stay in the parking lot and wait. She stated with the addition of the bar there would be traffic in the area that might not otherwise be there. She stated if the request was approved then other businesses in the area might also request an exception to the bill of assurance. Mr. Davidson stated the bill of assurance allowed for commercial development. He stated there was a restaurant and bar located in the area. He stated Mr. Martinez would provide security and the bar would only provide one access to the site. He stated parking should not be a concern because if additional parking was required there was sufficient area to pave additional spaces. Chairman Yates stated the Commission was not bound by bills of assurances but could review the bill of assurance when discussing an item. He stated he felt the bill of assurance important and did rely on them when buying and selling property. August 12, 2010 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-8546 9 Ms. Karen King addressed the Commission. She stated the license Mr. Martinez would operate under would be a bar license that would allow the sale of on premise beer and wine. She stated according to the ABC office this license would allow the sale of beer and wine on Sunday. She stated the bar would not be rented to any one for any event. The bar would be open to the public at all times. There was a general discussion by the Commission concerning the request and staff’s concerns as to the use. The Commission questioned if they could defer an item. Deputy City Attorney Dawson stated the Commission did have the option of deferring the item. A motion was made to defer the item to the July 1, 2010, public hearing. The motion carried by a vote of 6 ayes, 0 noes 5 absent. STAFF UPDATE: There has been no change to this application request since the previous public hearing. It is staff’s opinion the use of the property is a special events center. Based on the use of the property the application should be deferred until after the moratorium has been lifted by the Board of Directors. PLANNING COMMISSION ACTION: (JULY 1, 2010) The applicant was not present. There were registered objectors present. Staff presented the item stating the applicant had submitted a request dated July 1, 2010, requesting a deferral of the item to the August 12, 2010, public hearing. Staff stated the deferral request would require a waiver of the Commission’s By-laws with regard to the late deferral request. Staff stated they were supportive of the deferral request. There was no further discussion of the item. A motion was made to approve 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 submitted a request for withdrawal of this item on July 30, 2010. Staff is supportive of the withdrawal request. August 12, 2010 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-8546 10 PLANNING COMMISSION ACTION: (AUGUST 12, 2010) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request for withdrawal of the item on July 30, 2010. Staff stated they were supportive of the withdrawal request. There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 7 ayes, 0 noes, 3 absent and 1 open position. August 12, 2010 ITEM NO.: D FILE NO.: Z-5427-C NAME: Huffman Office Warehouse Short-form POD LOCATION: Located on the Southeast corner of Kanis Road and Cherry Brook Drive DEVELOPER: Brandon Huffman H & W Architects c/o William Wiedower 319 President Clinton Avenue Little Rock, AR 72201 ARCHITECT: William Wiedower H & W Architects 319 President Clinton Avenue Little Rock, AR 72201 ENGINEER: White-Daters and Associates #24 Rahling Circle Little Rock, AR 72221 AREA: .89 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: O-3, General Office District ALLOWED USES: General Office PROPOSED ZONING: POD PROPOSED USE: O-3, General Office District Uses and Office Warehouse VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: A Conditional Use Permit to allow the construction of a two phased development containing a 21 space parking lot to serve the adjacent PCD zoned August 12, 2010 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: Z-5427-C 2 office/showroom/warehouse and future construction of an office building and additional parking was approved by the Little Rock Planning Commission on August 7, 2003. Neither phase of the development occurred. On June 3, 2010, a request for a Conditional Use Permit to allow the development of the site as an office warehouse use was withdrawn by the Planning Commission at the applicant’s request. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is now proposing to develop the site with an office warehouse to serve a general contractor. The building is indicated containing a 4,200 square foot office building and 8,500 square foot warehouse building. Access to the site will be limited to Cherry Brook Drive. B. EXISTING CONDITIONS: The site is undeveloped and wooded. There is an office/showroom warehouse use located to the east which is a documents company. The property to the North is zoned O-3, General Commercial District and C-3, General Commercial District and is currently vacant. West of the site is an office use on O-3, General Office District zoned property. South of the site are single-family homes contained within the Cherry Brook Subdivision. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a few informational phone calls from area residents. All property owners located within 200-feet of the site, all property owners who could be identified located within 300 feet of the site and the Gibralter Heights/Point West/Timber Ridge Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. At the time of development, the handicap access ramp should be relocated parallel to Kanis Road to direct pedestrians across Cherry Brook Drive. 2. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. August 12, 2010 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: Z-5427-C 3 3. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The driveway spacing on a minor arterial street is 300 feet from intersections. The driveway off Kanis Road should be removed. The width of driveway must not exceed 36 feet. 4. If disturbed area is one (1) or more acres, obtain a NPDES stormwater permit from the Arkansas Department of Environmental Quality prior to the start of construction. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: A 15 foot overhead utility easement is required along the eastern perimeter and a 20-foot overhead utility easement is required along Kanis Road. Contact Entergy at 954-5151 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) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer's expense. Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. Contact Central Arkansas Water regarding the size and location of the water meter. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. A CIC main charge will apply to all connections off of the main in Kanis Road. This fee will apply to all connections including metered connections off the private fire system. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW's Cross Connection Section within August 12, 2010 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: Z-5427-C 4 ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Ellis Mountain Planning District. The Land Use Plan shows Suburban Office for this property. The applicant has applied for a rezoning from O-3 to Planned Office Development to allow the development of the site with an office warehouse building. The Suburban Office category requires the use of a Planned Office Development so as to assure compatibility with adjacent or close residential uses. This area is not covered by a City of Little Rock recognized Neighborhood Plan. Master Street Plan: Kanis Road is a Minor Arterial. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Kanis since it is a Minor Arterial. Cherry Brook Drive is a Local Street. The primary function of a Local Street is to provide access to adjacent properties. Local Streets which are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. These streets have a design standard the same as a Collector. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes proposed in the immediate vicinity. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. The zoning buffer ordinance requires sixteen (16) foot wide land use buffer along the southern property line next to the residentially zoned property. Seventy percent (70%) of this area must remain undisturbed. August 12, 2010 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: Z-5427-C 5 3. The zoning buffer ordinance requires an average nine (9) foot street buffer along Cherry Brook Drive. 4. The parking lot should be no more than sixty (60) foot in width, allowing for the minimal nine (9) foot wide perimeter landscape strip. 5. The zoning buffer ordinance requires an average sixteen (16) foot wide street buffer along Kanis Road. 6. The Landscape Ordinance requires a nine (9) foot wide perimeter landscape strip around the sites entirety. A variance from the City Beautiful Commission must be obtained prior to the issuance of a building permit. 7. A small amount of building landscape will be required. 8. Interior landscaping requirements are required to be located within the proposed parking area. This minimum requirement is calculated at eight percent (8%) of the paved surfaced areas. These interior islands must be a minimum of seven foot, six inches in width (7’-6”) and a minimum of one hundred and fifty (150) square feet in area for credit towards the landscape ordinance requirements. 9. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the southern perimeter of the site. Credit towards fulfilling this requirement can be given for existing trees and undergrowth that satisfies this year-around requirement. 10. Prior to the issuance of a building permit a landscape plan must be approved. 11. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when properly preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (June 10, 2010) The applicant was not present. Staff presented the item to the Committee members stating there were a few outstanding technical issues associated with the request. Staff stated they would contact the applicant and discuss their concerns prior to the item being forwarded to the Commission for final action. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing a number of the concerns related to the Subdivision Committee comments. The applicant has August 12, 2010 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: Z-5427-C 6 removed the drive located on Kanis Road, provided staff with building elevations and removed the outdoor storage area from the site plan. The applicant has not identified signage but has indicated all signage will comply with typical signage allowed in office zones. The zoning ordinance typically allows the placement of a ground mounted sign with a maximum height of six (6) feet and a maximum sign area of sixty-four (64) square feet. Building signage is limited to ten (10) percent of the façade area where abutting a public street. The applicant has relocated the dumpster from the southern perimeter to along Kanis Road. The dumpster is located within the front building setback along the street side. Section 36-298(2) states no dumpster shall be located within the front yard setback area. The dumpster is also located within the nine (9) foot landscape strip located along the eastern perimeter. The development is proposed as an office warehouse development containing 4,200 square feet of office space and 8,500 square feet of warehouse space. The ordinance would typically require the placement of nineteen (19) parking spaces. The site plan indicates the placement of twenty-six (26) parking spaces. The property is currently zoned O-3, General Office District which typically requires the placement of a 25-foot front building setback and a 15-foot rear building setback. The setbacks as proposed comply with typical ordinance standards. The site plan includes within the setback a land use buffer also indicated at 15-feet. A note on the site plan states within the buffer area efforts will be made to retain a number of the existing trees. The plan indicates a six (6) foot opaque fence will be installed along the southern perimeter. Along the eastern perimeter a 15-foot building setback and landscape buffer is indicated. Within this area a six (6) foot opaque fence will be installed. The applicant has indicated within this perimeter efforts will also be made to retain the existing vegetation. The street buffers and setbacks are indicated adequate to comply with the minimum ordinance standards. All site lighting is to be directional, directed downward and into the site. The site plan indicates the building coverage of 33 percent and landscape coverage of 24 percent. The maximum building height is indicated at 32 feet 9 inches. A note on the plan indicates the hours of operation from 8 am to 5 pm Monday through Friday. The maximum number of employees is 50. Due to the driveway spacing requirement on commercial streets of 250 feet between driveways and 125 feet from property lines, only one (1) driveway will be allowed off Cherry Brook Drive to access the property. The revised plan has removed the driveway location on Kanis Road. August 12, 2010 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: Z-5427-C 7 The applicant has submitted building elevations. Along the two (2) street sides and the southern façade no metal will be visible. The construction is proposed as EIFS and fiber cement siding. Staff is not supportive of the request. Staff feels the development has the feel more of a light industrial development than an office use. In addition the site plan indicates the placement of overhead doors along the west façade of the building near the southern perimeter of the property adjacent to a single-family home where it appears all the heavy activity will be taking place. The site is indicated as Suburban Office on the City’s Future Land Use Plan. This category is to provide for low intensity development of office or office parks in close proximity to lower density residential areas. The Suburban Office category requires the use of a Planned Office Development when property is not zoned according to the proposed use so as to assure compatibility with adjacent or close residential uses. Although the architects have done an adequate job in designing a building with breaks in the façade to limit the massing of the structure and indicated materials to not be a metal building. Staff does not feel the development has the look and feel of a suburban office development. I. STAFF RECOMMENDATION: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (JULY 1, 2010) Mr. Bill Wiedower was present representing the applicant. There was one registered objector present. Staff presented the item with a recommendation of denial. Mr. Wiedower presented the Commission with a revised site plan and elevation drawing indicating the office space had been increased and the warehouse space decreased. He stated the current plan indicated 2/3rds office and 1/3rd warehouse space. He stated the applicant would occupy office space and lease the remainder of the office space to a tenant. He stated the warehouse space was necessary to accommodate tools and equipment the owner needed to carry out his business. He stated the overall height had been decreased to 22 feet. He stated the elevations provided for a three (3) sided building and had the look and feel of an office building. Mr. Jeff Hathaway addressed the Commission in opposition of the request. He stated he owned the office building across Cherry Brook Drive and felt a warehouse activity was not appropriate for the site. He stated the land use plan indicated the site for suburban office which was not warehousing activities. He stated 4,000 square feet of warehousing space was an intense warehouse use. He stated his concern was the August 12, 2010 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: Z-5427-C 8 long term and if potential users of his building would want to occupy office space if there was warehousing activities located across the street. Mr. Wiedower stated to the east of the site was an office warehouse building and adjacent to that site was a mini-warehouse development. He stated to the southeast were additional warehouse units. He stated the warehousing activity was not critical to his client but some amount of space was necessary to house tools and equipment. He stated only a small portion of the building would be used for warehousing and the space would be such that should an office user locate on the site the space could easily be converted to office space. Mr. Hathaway stated the O-3 zoned property located on the corners of Cherry Brook Drive and Kanis Road were good transitional areas to the intense commercial uses located at Kanis and Bowman Roads. There was a general discussion by the Commission and Mr. Wiedower as to the proposed development and the use of the property. The Commission once again questioned the need for warehouse space. Mr. Wiedower stated a small amount of space was necessary for the owner to store tools and equipment. The Commission questioned staff if they were supportive of the redesign of the building. Staff stated they had not had the opportunity to review the plan and could not provide a recommendation on the revised plan on such short notice. The Commission questioned Mr. Wiedower as to if he would like to defer the item to allow staff additional time to review the request. Mr. Wiedower stated he was willing to defer the item to work with staff. A motion was made to approve the deferral request. The motion carried by a vote of 7 ayes, 0 noes and 4 absent. STAFF UPDATE: The applicant submitted a request dated July 23, 2010, requesting withdrawal of this item without prejudice. Staff is supportive of the withdrawal request. PLANNING COMMISSION ACTION: (AUGUST 12, 2010) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request for withdrawal of the item without prejudice on July 23, 2010. Staff stated they were supportive of the withdrawal request. There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 7 ayes, 0 noes, 3 absent and 1 open position. August 12, 2010 ITEM NO.: E FILE NO.: Z-7897-A NAME: Parkway Automotive Revised Short-form PD-C LOCATION: Located at 708 Kirk Road DEVELOPER: Parkway Automotive Services 708 Kirk Road Little Rock, AR 72223 ENGINEER: White-Daters and Associates #24 Rahling Circle Little Rock, AR 72223 AREA: 2.0 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: PD-C ALLOWED USES: Automotive service and repair PROPOSED ZONING: Revised PD-C PROPOSED USE: Automotive service and repair – Expand the approved PD-C area to include a parking area to the south and construction of a 60-foot by 75-foot addition to the existing building VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: Ordinance No. 19,405 adopted by the Little Rock Board of Directors on September 20, 2005, rezoned the site from R-2, Single-family to PD-C to recognize an existing automobile repair shop. There were no exterior modifications to the site and the approval allowed the existing gravel parking areas to remain. The approved days and hours of operation were from 7:30 am to 5:30 pm Monday through Friday. Approximately 65 cars were to be serviced per week. On the approved site plan there were two outside storage areas approved. The approval allowed the applicant to locate trailers within an existing covered building to be used as storage of scrap metal parts and tires. August 12, 2010 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: Z-7897-A 2 Two (2) existing cellular towers were to remain on the site. On March 27, 2006, staff administratively approved a paving plan to allow the applicant to add paving within the front parking area and adjacent to the garage building. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is now proposing to amend the approved PD-C to allow the overall site plan to be expanded to the west and the south. The applicant is proposing an addition to the existing garage building with the construction of a new 60-foot by 75-foot service and repair facility. The applicant is proposing to increase the areas of paving with the new construction but maintain a portion of the graveled parking south of the new garage. The applicant is requesting a two (2) year deferral of the paving requirement in this area. Concrete aprons are proposed at the access points of the new building. Landscaping will be constructed along the south, west and north property lines. Where parking is adjacent to the landscape strips precast concrete parking bumpers will be used to prevent damage to the landscape materials. The site plan also includes a paved parking area located to the south of the existing office area. This area contains fourteen (14) parking spaces. B. EXISTING CONDITIONS: The site contains a single-family structure, which as been converted to an office for Parkway Automotive and a second building used as the garage. There are two cell towers located on the rear of the property near the western perimeter of the site. There is an outbuilding currently being used to store scrap metal, which is being kept on a trailer. There is also an area of outdoor storage of old tires, which is also kept on a trailer. There are single-family homes located on Kirk Road to the south of the site currently zoned C-3. To the north of the site is a vacant structure currently zoned O-2. To the west and northwest of the site is a bank facility and a day care center. Master Street Plan improvements to Kirk Road were recently completed by an adjacent property owner. C. NEIGHBORHOOD COMMENTS: As of this writing staff has received a few informational phone calls from area residents and property owners. The Coalition of West Little Rock Neighborhoods, along with all property owners located within 200-feet of the site August 12, 2010 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: Z-7897-A 3 and all residents who could be identified located within 300 feet of the site were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required with easements for this project. Contact Little Rock Wastewater Utility for additional information. Entergy: Construction may not occur within ten feet (10’) of the energized overhead line. It appears the construction activities are located outside the easement. Contact Entergy at 954-5151 for additional information. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: No objection. Contact Central Arkansas Water if additional fire protection or metered water service is required. All Central Arkansas Water requirements in effect at the time of request for water service must be met. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW's Cross Connection Section within ten days of the installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. August 12, 2010 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: Z-7897-A 4 Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Chenal Planning District. The Land Use Plan shows Commercial for this property. The applicant has applied for a revision to a previously approved Planned Development—Commercial to allow the business to expand. There is no ‘land use issue’ with this application. This area is not covered by a Neighborhood Action Plan. Master Street Plan: Kirk Road is a Minor Arterial. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Kirk Road since it is a Minor Arterial. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes planned in the immediate vicinity. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. With any new paving additional landscaping may be required. 3. Screening is required along the sites southern perimeter where adjacent to residentially zoned or used property. 4. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (June 10, 2010) Mr. Joe White and Mr. Tim Daters were present representing the request. Staff stated there were a number of outstanding technical issues in need of addressing related to the site plan. Staff requested the applicant provide an updated survey of the site. Staff requested the site plan include the areas of vehicle storage and any outdoor storage areas. Staff also questioned the request for the gravel drives and parking to remain. Staff stated based on the percentage of expansion the owner should bring the site into compliance with both paving and landscaping. August 12, 2010 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: Z-7897-A 5 Public Works comments were addressed. Staff stated any broken curb, gutter or sidewalk that was damaged in the public right of way should be repaired with the proposed development. Landscape comments were addressed. Staff stated a percentage upgrade of landscaping would be required with the new addition. Staff stated screening was required along the southern perimeter where adjacent to residentially zoned or used property. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing a number of the issues raised at the June 10, 2010, Subdivision Committee meeting. The revised plan indicates the areas of vehicle storage and indicates paving of a large area of current graveled areas. The revised plan also includes the paved parking area located to the south of the existing office building as requested by staff. The new construction is proposed as a 60-foot by 75-foot service and repair facility for the existing auto repair business. A portion of the existing gravel drives and parking areas will remain temporarily graveled but the majority of the areas will be paved. Landscaping will be installed along the south and north property lines to comply with the minimum landscape ordinance requirements. The site plan indicates the placement of evergreen plantings within this area. Where parking is adjacent to the landscape strips precast concrete parking bumpers will be used to prevent damage to the landscape materials. Concrete parking and approaches will be constructed 20-feet in width adjacent to the new building. The area to remain temporarily graveled is a 25-foot wide strip along the southern portion of the new building and a 15-foot wide strip along the western portion of the new building beyond the proposed paved areas. The applicant has indicated the remaining graveled area will be paved within two (2) years of the issuance of the certificate of occupancy for the new construction. The site plan includes a paved parking area to the south of the existing office building which was added beyond the originally approved PD-C. The parking area contains fourteen (14) parking spaces. The site plan indicates the placement of landscaping and screening along the perimeters of the parking area as required by the Landscape Ordinance. August 12, 2010 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: Z-7897-A 6 There are no other modifications proposed for the site. The previous approval established the days and hours of operation from 7:00 am to 6:00 pm daily. The only vehicles to be stored are vehicles which have been abandoned on the property and is waiting to be disposed of by way of a mechanics lien title process. To staff’s knowledge there are no remaining outstanding technical issues associated with the request. Staff feels the revision to allow the building expansion and the allowance of the two (2) year deferral for paving the entire parking area will not have a significant impact on the adjacent properties. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. PLANNING COMMISSION ACTION: (JULY 1, 2010) Mr. Tim Daters of White-Daters and Associates was present representing the request. There were no registered objectors present. Staff presented the item stating they were recommending this item be deferred to the August 12, 2010, Public Hearing to allow the overall land area of the PD-C to be expanded to take in property to the south along Kirk Road which had been paved to allow parking to serve this business. 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: There has been no change to this application request since the previous public hearing. Staff has received a number of phone calls and letters from area property owners indicating their opposition to allow the site to be rezoned for a used car lot. Staff continues to recommend denial of the request. PLANNING COMMISSION ACTION: (AUGUST 12, 2010) Mr. Tim Daters of White-Daters and Associates was present representing the request. There were no registered objectors present. Staff presented the item with a August 12, 2010 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: Z-7897-A 7 recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 7 ayes, 0 noes, 3 absent and 1 open position. August 12, 2010 ITEM NO.: F FILE NO.: Z-8514-B NAME: Little Rock Housing Authority Park Addition Revised PD-R LOCATION: Located on the Southeast corner of 12th and Park Streets DEVELOPER: Little Rock Housing Authority 100 Arch Street Little Rock, AR 72201 ENGINEER: White-Daters and Associates #24 Rahling Circle Little Rock, AR 72223 ARCHITECT: Brian Black, AIA Black, Corley, Owens & Hughes, PA 219 West South Street Benton, AR 72015 AREA: 0.68 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: PD-R ALLOWED USES: Duplex & Single-family Housing – 5 units PROPOSED ZONING: PD-R PROPOSED USE: Duplex & Single-family Housing – 5 units – Add parking pad in rear yard area VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: Ordinance No. 20,228 adopted by the Little Rock Board of Directors on March 2, 2010, rezoned the site from R-3, Single-family to PD-R to allow the development of five (5) residential units (2 duplexes and 1 single-family residence) on four (4) previously platted lots. The developer subsequently filed a replat of the four (4) lots creating one (1) lot. August 12, 2010 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: Z-8514-B 2 The final plat was executed on April 2, 2010 (S-1652). The homes were approved as two (2) story homes with similar characteristics and construction materials as the existing homes in the area. On May 4, 2010, the Little Rock Board of Directors adopted Ordinance No. 20,266 to allow the front building line to be revised to allow the structures to be moved further back on the lot in an effort to save trees on the site. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is now proposing to amend the approved site plan to allow the construction of a surface parking lot in the rear yard area of the development. The original approval allowed the development to be served via street parking. According to the developer the street parking does not allow for the units to be ADA compliant due to grade differences between the street and the sidewalks serving the units. The site plan as currently proposed indicates a parking pad containing three (3) handicap stalls and seven (7) additional stalls. There are currently six (6) large trees located on the property which are indicated on the site plan. According to the applicant care has been taken to save the trees with the placement of the parking as proposed. B. EXISTING CONDITIONS: Construction has begun on the new units. The area is a mixture of uses including commercial and residential in both single-family and multi-family. East, south and west of the site are single-family homes. Across Park Street is a laundry facility and further west is a site zoned POD approved to allow construction of a trade school and office development on the property north of West 18th Street with a parking lot located south of West 18th Street. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents. All property owners located within 200 feet of the site, all residents, who could be identified, located within 300 feet of the site, the Central High and the Capitol Hill Neighborhood Associations were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. The sidewalk along the frontage of this property must be repaired or replaced. August 12, 2010 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: Z-8514-B 3 2. The old street cuts for driveways must be removed and the curb replaced. 3. Driveway spacing on a collector street (12th Street) is 125 feet from the property line. Due to this fact, access to this property should be taken from the existing asphalt drive. The owner of the drive should be contacted to work out an access easement agreement. This will require the existing asphalt drive to be improved and widened. 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. Household waste will be collected at the curb of South Park Street or 12th 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: No objection. All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water regarding the size and location of the water meter. Normal charges for new service apply. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. Parks and Recreation: No comment 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. The applicant has applied for a revision to a previously approved Planned Development—Residential. There is no ‘land use issue’ with this application. This area is not covered by a City of Little Rock recognized Neighborhood Plan. August 12, 2010 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: Z-8514-B 4 Master Street Plan: 12th Street is a Collector. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. Park Street is a Local Street. The primary function of a Local Street is to provide access to adjacent properties. Local Streets which are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. These streets have a design standard the same as a Collector. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes in the immediate vicinity. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. G. SUBDIVISION COMMITTEE COMMENT: (June 10, 2010) Mr. Joe White and Mr. Tim Daters were present representing the request. Staff presented the item stating the request was to add a surface parking pad in the rear yard area of the project now under construction for two (2) duplexes and a single-family home. Staff stated the previous approval allowed parking along the street and did not provide for on-site parking. Mr. White stated the street parking was not ADA compliant. He stated the rear parking area would allow the parking to be ADA compliant. Public Works comments were addressed. Staff stated the driveway as indicated did not meet the minimum driveway spacing criteria of the Subdivision Ordinance and the Master Street Plan. Staff suggested the owner work with the adjacent property owner to reach an agreement to share the drive located to the east of the property. Staff stated all household waste would be collected at the curb of South Park and 12th Streets. 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 June 10, 2010, Subdivision Committee meeting. The revised plan has reduced the overall paving and added additional landscaping within the parking August 12, 2010 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: Z-8514-B 5 lot area. The applicant has indicated they were unable to reach an agreement with the adjoining property owner to allow a shared drive into the parking area. The parking area is indicated with ten (10) parking spaces. The development contains a single-family unit and two (2) duplex units. Based on the parking typically required per the ordinance the duplex units would require the placement of three (3) parking spaces each and the single-family one (1) space for a total of seven (7) spaces. The site is located within the Central High Design Overlay District which states no off-street parking pads are allowed between the front of the principal structure and the public street. Surface parking is allowed behind or adjacent to a structure. Driveways are permitted to be installed in the front yard setback, but not between the principal structure and a public street. Parking pads must be constructed of a permanent surface of concrete, asphalt, modular paves, masonry, gravel or other permanent surface. Staff is not supportive of the parking as proposed. Staff feels the parking pad is more in keeping to a parking pad found in non-residential areas and not what is typically found in residential neighborhoods. The DOD states in the purpose and intent section the basis for the DOD is to create a quality vital atmosphere for business and residents through protecting the historical architectural integrity and sense of place of the district by encouraging historic rehabilitation of existing structures and in-fill development which is fully compatible with existing historic building stock. Buildings, parking areas, signage, landscaping and street furnishings should all be designed to complement and encourage pedestrian use both day and evening. Proper planning is necessary to ensure visual clutter is avoided. Staff does not feel the parking pad as proposed meets the intent of the DOD. I. STAFF RECOMMENDATION: Staff recommends denial of the request as filed. PLANNING COMMISSION ACTION: (JULY 1, 2010) Mr. Joe White and Mr. Tim Daters of White Daters and Associates were present representing the request. There were registered objectors present. Staff stated the applicant was requesting a deferral of the item to the August 12, 2010, public hearing. Staff stated the reason for the request for deferral was because the applicant was unaware there was opposition to the request and the applicant desired to meet with the August 12, 2010 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: Z-8514-B 6 neighbors who were there in opposition. Staff stated the deferral request would require a waiver of the Commission’s By-laws with regard to the late deferral request. A motion was made to approve 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. There was a general discussion by the Commission for the reason for the deferral request. Mr. Gary Iverson requested the Commission allow him to ask question. Chairman Yates allowed Mr. Iverson to question why the Housing Authority had been allowed to grade the area for the parking lot. Staff stated they were unaware of the grading and would go to the site to verify the activities taking place on the site were as per the approved plan. Staff stated the By-law waiver was no longer necessary because the Commission was down to eight (8) members present. Chairman Yates stated the customary procedure was when eight (8) or fewer Commissioners were present the customary procedure was to offer the applicant the option of a deferral. The Chair entertained a motion for deferral of the item to the August 12, 2010 public hearing. The motion carried by a vote of 8 ayes, 0 noes and 3 absent. STAFF UPDATE: The applicant has met with staff and submitted a revised site plan to staff addressing a number of staff’s previous concerns. The revised plan has narrowed the throat of the driveway and reduced the overall pavement width of the proposed parking lot. Plantings will be installed around the parking area to screen the parking from the adjacent properties and the street. The applicant will work with the Zoning and Subdivision Manager and the Plans Development Administrator to determine the number of plantings, the height of the plantings and the species of the plantings prior to the issuance of a building permit. To staff’s knowledge there are no additional outstanding technical issues in need of addressing related to the request. Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. PLANNING COMMISSION ACTION: (AUGUST 12, 2010) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had met with staff and submitted a revised site plan to staff addressing a number of staff’s previous concerns. Staff stated the revised plan had narrowed the throat of the driveway and reduced the overall pavement width of the proposed parking lot. Staff stated plantings would be installed around the parking August 12, 2010 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: Z-8514-B 7 area to screen the parking from the adjacent properties and the street. Staff stated the applicant would work with the Zoning and Subdivision Manager and the Plans Development Administrator to determine the number of plantings, the height of the plantings and the species of the plantings prior to the issuance of a building permit. Staff stated to their knowledge there are no additional outstanding technical issues in need of addressing related to the request. Staff presented a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 7 ayes, 0 noes, 3 absent and 1 open position. August 12, 2010 ITEM NO.: G FILE NO.: Z-8556 NAME: Red’s Towing Inc. Short-form PD-C and Right of Way Abandonment for West 24th Street LOCATION: Located at 2227-2229 Wilson Road DEVELOPER: Larry Warner – Red’s Towing 2227 Wilson Road Little Rock, AR 72204 SURVEYOR: Arrow Surveying P.O. Box 13087 Maumelle, AR 72113 ARCHITECT: Terry Burruss Architects 614 Center Street Little Rock, AR 72201 AREA: 0.32 acres NUMBER OF LOTS: 1 Zoning Lot FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family ALLOWED USES: Single-family residential PROPOSED ZONING: PD-C PROPOSED USE: Towing Service and Office VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The request is a rezoning of the site from R-2, Single-family to PD-C to allow the use of the property as a vehicle towing business. The property is owned by Red’s Towing, Inc. and has an established non-conforming use as an auto repair facility. An existing structure containing an office, a shop with two (2) vehicles August 12, 2010 SUBDIVISION ITEM NO.: G (Cont.) FILE NO.: Z-8556 2 lifts, tire changing equipment and storage areas is contained within the existing building. The balance of the site is cleared and has been used for parking of vehicles for the business. The applicants is proposing to continue to use the existing structure for the towing business and shop for repair of his personal vehicles. To operate the towing business, the applicant proposes the following conditions: 1. The business hours of operation are Monday through Friday 9:00 am to 4:00 pm and 8:00 am to 12:00 pm on Saturday. 2. Parking areas will be improved, surfaced with asphalt strips/chips and will park a maximum of 25 vehicles at any one time. Fill material and grading will be done on the site as required. 3. Two (2) tow trucks and one (1) rollback will be in use and parked on site when not towing vehicles. 4. The site will be enclosed with a security fence. 5. Security lighting will be downward directed away from adjacent properties. 6. Landscaping will be installed and maintained as per the site plan. 7. All business ingress and egress will be via 24th Street to Aldersgate Road with a single access point on the southwest portion of the site. 8. No vehicle recovery (repossession) will be carried on at the site. The applicant is also requesting the abandonment of a portion of West 24th Street. The right of way was dedicated with the subdivision plat but has not been constructed. The right of way dedication was 20-feet. The entirety of the abandonment will revert to the property owners on the north side of Wilson Road. B. EXISTING CONDITIONS: The site contains a commercial building which previously housed an auto repair business. There are two (2) paved parking spaces located within the right of way of Wilson Road. The area to the south and east are undeveloped heavily wooded properties. The area to the north is single-family with a number of new homes in various stages of completion. Within the general area from Aldersgate Road, Kanis Road and Junior Deputy Road there are a number of new homes that have been constructed. Located to the south of the site is Good Shepard Retirement Village. Two (2) blocks west along Aldersgate Road is Camp Aldersgate, a facility serving persons with medical or physical conditions or developmental delays and their families, as well August 12, 2010 SUBDIVISION ITEM NO.: G (Cont.) FILE NO.: Z-8556 3 as senior adults by providing educational and recreational opportunities in an out-of-doors camp environment. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a few informational phone calls from area residents. All property owners located within 200-feet of the site, all residents, who could be identified, located within 300 feet of the site and the John Barrow Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Due to the proposed use of the property, the Master Street Plan specifies that Wilson Road for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 2. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to Wilson Street including 5-foot sidewalk with the planned development. The new back of curb should be located 18 feet from centerline of the street. 3. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). 4. Drainage easements should be maintained in the right-of-way to convey stormwater from adjacent property. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: No objection. Contact Central Arkansas Water if additional fire protection or metered water service is required. All Central Arkansas Water requirements in effect at the time of request for water service must be met. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the August 12, 2010 SUBDIVISION ITEM NO.: G (Cont.) FILE NO.: Z-8556 4 domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW's Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Approved as submitted. 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: Planning Division: This request is located in the I-430 Planning District. The Land Use Plan shows Residential Low Density for this property. The applicant has applied for a rezoning to Planned Development—Commercial for a towing company to utilize a former auto repair garage for an office to house the towing equipment. The surrounding land is also shown for Residential-Low Density, Residential-High Density and Residential-Medium Density. This use is not typically allowed in any residential land use category. This area is covered by the John Barrow Neighborhood Plan. Their Business and Commercial Goal states: “enhance the climate directed towards encouraging new businesses and commercial establishments to located in the area as well as retention of existing businesses.” Master Street Plan: Wilson Road and West 24th Street are both Local Streets. The primary function of a Local Street is to provide access to adjacent properties. Local Streets which are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. These streets have a design standard the same as a Collector. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes in the immediate vicinity. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. August 12, 2010 SUBDIVISION ITEM NO.: G (Cont.) FILE NO.: Z-8556 5 2. Any new paving will require the placement of landscaping. 3. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the northern, eastern and southern perimeters of the site. Credit towards fulfilling this requirement can be given for existing trees and undergrowth that satisfies this year-around requirement. 4. The landscape ordinance requires a nine-foot (9’) wide landscape strip around the sites entirety. 5. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (June 10, 2010) Mr. Terry Burruss was present representing the request. Staff presented an overview of the development stating the request was filed as a result of an enforcement action on the property. Staff stated the site had a history of an automobile repair shop but the current user was a wrecker and towing company. Staff stated the use of the site as the wrecker and towing company was not allowed under the existing non-conformity. Staff also requested any fencing be noted on the site plan. Staff questioned the days and hours of operation and the number of employees and vehicles to be stored on the site. Public Works comments were addressed. Staff stated Wilson Road would require right of way dedication and street improvements per the Boundary Street Ordinance. Staff sated the new back of curb should be located 18 feet from the centerline of the street. Landscaping comments were addressed. Staff stated any new paved areas would be required to comply with the landscape ordinance. Staff also stated screening would be required along the sites northern, eastern and southern boundaries. Staff stated a minimum landscape strip of nine (9) feet was required around the sites entirety. 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. August 12, 2010 SUBDIVISION ITEM NO.: G (Cont.) FILE NO.: Z-8556 6 H. ANALYSIS: The applicant submitted a revised site plan to staff addressing the issues raised at the June 10, 2010, Subdivision Committee meeting. The revised plan indicates screening along the site’s eastern, northern and southern perimeters. Additional right of way has been indicated on the proposed site plan. The applicant has provided the days and hours of operation and the number of vehicles to be stored on the site. Landscaping will be installed and maintained as per the landscape and buffer ordinance requirements. The request is a rezoning of the site from R-2, Single-family to PD-C to allow the use of the property as a vehicle towing business. The property is owned by Red’s Towing, Inc. and has an established non-conforming use as an auto repair facility. An existing structure containing an office, a shop with two vehicles lifts, tire changing equipment and storage areas is contained within the existing building. The balance of the site is cleared and has been used for parking of vehicles for the business. Parking areas will be improved, surfaced with asphalt strips/chips and will park a maximum of 25 vehicles at any one time. Fill material and grading will be done on the site as required. Security lighting will be downward directed away from adjacent properties. Section 36-508 prohibits the use of asphalt roofing and by products of its manufacture as a base course or surfacing materials on parking lots and/or drives. The applicant is proposing to continue to use the existing structure for the towing business and shop for repair of his personal vehicles. No commercial auto repair garage is proposed. The business hours of operation for the towing business are Monday through Friday 9:00 am to 4:00 pm and 8:00 am to 12:00 pm on Saturday. Two (2) tow trucks and one (1) rollback will be in use and parked on site when not towing vehicles. All business ingress and egress will be via 24th Street to Aldersgate Road with a single access point on the southwest portion of the site. No vehicle recovery (repossession) will be carried on at the site. The applicant is requesting the abandonment of a portion of West 24th Street along the applicant’s frontage. The right of way was dedicated with the subdivision plat but has not been constructed. The right of way dedication was 20-feet. The entirety of the abandonment will revert to the property owner to the north. The applicant is securing approval letters from the various utility companies indicating their desire for easements. Staff is supportive of the right of way abandonment. The need for easements will be dictated by the utility companies. This request will not be forwarded to the Board of Directors until all approval are received. Section 36-153(b) states for a change in use if no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming August 12, 2010 SUBDIVISION ITEM NO.: G (Cont.) FILE NO.: Z-8556 7 use of the same or less intensity. In no case, however, shall a building revert to a more intensive nonconforming use. Section 31-151 identifies the purpose of non-conformities and exceptions. The purpose of this division is to establish regulations and limitations for exceptions to the continued existence of uses, lots and structures which were established prior to the effective date of this chapter which do not conform to the provisions of this chapter. Such nonconformities may continue, but the provisions of this division are designed to curtail enlargement or expansion of such nonconformities and to encourage their eventual elimination in order to preserve the integrity of the zoning districts and the regulations by this chapter. Staff is not supportive of the rezoning request. Within this general area there are a significant number of new homes (more than a dozen) which have been constructed or are under construction along Wilson Road within this two (2) block area. Within the general area as a whole there are a significant number of homes which have been constructed from Kanis Road to West 24th and Aldersgate Road to Junior Deputy Road. West 24th Street is a narrow unimproved road which is not adequate to handle commercial traffic to and from the site. Staff feels as indicated in the purpose section of nonconformities that the whole premise of allowing nonconformities is that the uses will eventually be eliminated and the property redevelop as per the under lying zoning district. As is the current development pattern staff feels single-family the best use for this site. I. STAFF RECOMMENDATION: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (JULY 1, 2010) Mr. Steve Giles was present representing the property owner. There were registered objectors present. Staff presented the item stating the applicant had submitted a request dated June 29, 2010, requesting a deferral of this item to the August 12, 2010, public hearing. Staff stated the deferral request would require a waiver of the Commissions By-laws with regard to the late deferral request. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The Chair entertained a motion 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. August 12, 2010 SUBDIVISION ITEM NO.: G (Cont.) FILE NO.: Z-8556 8 STAFF UPDATE: There has been no change to this application request since the previous public hearing. Staff continues to recommend denial of the request. PLANNING COMMISSION ACTION: (AUGUST 12, 2010) The applicant was present. There were registered objectors present. The Chair explained that the Commission’s practice had been to offer the applicant a deferral of their item to a later meeting when eight (8) or fewer Commissioners were present. He stated to move an item forward with a positive recommendation the applicant had to secure six (6) positive votes regardless of the number of Commissioners present. The Chair questioned the applicant as to their desire for a deferral or if the wished to move the item forward. The applicant requested a deferral of the item to the September 23, 2010, public hearing. A motion was made to defer the item to the September 23, 2010, public hearing. The motion carried by a vote of 7 ayes, 0 noes, 3 absent and 1 open position. August 12, 2010 ITEM NO.: H FILE NO.: Z-8559 NAME: Chenal South Blocks 1 and 2 Long-form PD-R LOCATION: Located on the Southwest corner of Denny Road and Gordon Road DEVELOPER: Deltic Timber Corporation 7 Chenal Club Little Rock, AR 72223 ENGINEER: White-Daters and Associates #24 Rahling Circle Little Rock, AR 72223 AREA: 16.32 acres NUMBER OF LOTS: 67 FT. NEW STREET: 2,150 LF CURRENT ZONING: R-2, Single-family ALLOWED USES: Single-family residential – 7,000 square foot lots PROPOSED ZONING: PD-R PROPOSED USE: Single-family residential – 5,750 square foot lots VARIANCES/WAIVERS REQUESTED: 1. A variance from the Land Alteration Ordinance to allow grading of Phase II with the development of Phase I. 2. A variance from the Master Street plan to allow an increased curb radius. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The original submission for this project was for a 70-acre parcel containing 249 lots. The applicant amended the request to provide two (2) applications; Item H – File No. Z-8559 and Item 12 – File No. Z-8559-A. The primary difference between the two (2) current requests and the original submission is August 12, 2010 SUBDIVISION ITEM NO.: H (Cont.) FILE NO.: Z-8559 2 the removal of the power line easement located midway in the development. This item contains a total of 16.32 acres and a total of 67 lots and Item 12 (Z-8559-A) contains 43.41 acres and 184 lots. The total of the two (2) projects contains 59.73 acres and 251 lots. The amended rezoning request is a rezoning of 16.32 acres into 67 single-family residential lots. The lots are proposed with an average lot size of 50-feet by 115-feet. The lots are indicated with a 20-foot front and rear setback and five (5) foot side yard setbacks. The subdivision is proposed with a mix of front and rear loaded garages with the rear loaded garages being served by alley access. The homes are proposed with a two (2) car garage with the heated and cooled space ranging in size from 1,400 square feet to 2,000 square feet. The fronts and sides of the homes will be constructed with brick, stone or EFIS. The roof pitch will be an 8:12 minimum covered with architectural shingles. The development is proposed with two (2) phases. The request includes a variance from the Land Alteration Ordinance to allow the grading of Phase II with the development of Phase I. The request also includes a variance to allow a 50-foot curve radius at centerline. The development will include the placement of pedestrian paths within the open space areas to connect the subdivision and to connect with the proposed subdivision to the west. The applicant has indicated sidewalks will be placed on the public streets at the entrance to the subdivision. The remainder of the streets are proposed as a minor residential street standard constructed with 26-feet of pavement within a 45-foot right of way. Since the property is not currently located within a platted subdivision there is not a bill of assurance for this site. The bill of assurance for the new subdivision will permit the development standards as proposed. B. EXISTING CONDITIONS: The site is heavily wooded as is the property to the east and west. There is an overhead power line located along the eastern boundary of the development. West of the site is property proposed for development in a similar manner as a separate item on this agenda (Z-8559-A). Further west is property zoned POD and has developed as Wildwood Performing Arts Center. The property to the east is zoned R-2, with a CUP for Pulaski Academy a private school which has developed their ball fields. North of the site is undeveloped property zoned R-2, Single-family. Parking and paved walkways have been installed within a portion of this area to serve the adjacent Wildwood Performing Arts Center. August 12, 2010 SUBDIVISION ITEM NO.: H (Cont.) FILE NO.: Z-8559 3 C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a few informational phone calls from area residents. All property owners located within 200-feet of the site, all residents, who could be identified, located within 300-feet of the site and the Coalition of West Little Rock Neighborhoods were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Denny Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45-feet from centerline will be required. 2. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to Denny Road including 5-foot sidewalks with the planned development. The new back of curb should be located 29.5-feet from centerline. 3. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 4. Provide a Sketch Grading and Drainage Plan for the entire subdivision per Section 29-186 (e) for Blocks 1 and 2 and Block 3 - 7. 5. Stormwater detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. 6. 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. 7. Street improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. 8. Streetlights are required by Section 31-403 of the Little Rock code. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting/certificate of occupancy. Contact Traffic Engineering 379-1813 (Steve Philpott) for more information. 9. Per the Master Street Plan, parking is restricted to one side of the street on a 24-foot wide street. Show on the plan now and on the final plat and bill of assurance, the area along the street where parking is allowed. August 12, 2010 SUBDIVISION ITEM NO.: H (Cont.) FILE NO.: Z-8559 4 10. Sidewalks with appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. Sidewalks should be provided along Melicourt Boulevard, Melicourt Loop and Mariol Loop. 11. Vegetation must be established on disturbed area within 21-days of completion of harvest activities. 12. Erosion controls must be installed to reduce discharge of polluted stormwater. 13. A perimeter buffer strip shall be temporarily maintained around disturbed areas. 14. Provide a letter prepared by a registered engineer certifying the sight distance at the intersections comply with 2004 AASHTO Green Book standards. 15. The median of Mariol Boulevard should be moved back from the right-of- way line approximately 15 to 20 feet. 16. Mariol Cove, Melicourt Loop and Melicourt Drive should intersect Melicourt Boulevard and Melicourt Loop respectively at a right angle. 17. A variance is being requested to advance grade the entire 16.32-acre property. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension and pump station required with easements for this project. Approval from the Little Rock Sanitary Sewer Committee is required before Little Rock Wastewater Utility will grant approval to tie to the existing Little Rock Wastewater System. Contact Little Rock Wastewater Utility for additional information. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. A water main extension will be needed to provide water service to this property. A CIC main charge will apply to all connections off of the 12-inch main in Denny Road. Please submit plans for water facilities to Central Arkansas Water for review. Plan revisions may be August 12, 2010 SUBDIVISION ITEM NO.: H (Cont.) FILE NO.: Z-8559 5 required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities. Approval of plans by Central Arkansas Water, the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. A 39-inch raw water line crosses this site within a 50-foot wide waterline easement on south end of the property. Care must be taken to protect these water lines and any appurtenances, such as access and air release vaults, or monumentation which may be in the area. No signs, light poles, dumpster pads or other structures on foundations will be allowed within the existing 50-foot waterline easement. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. Parks and Recreation: No comment 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. Planning Division: This request is located in the Burlingame Valley Planning District. The Land Use Plan shows Residential Low Density for this property. August 12, 2010 SUBDIVISION ITEM NO.: H (Cont.) FILE NO.: Z-8559 6 The applicant has applied for a rezoning to Planned Development-Residential to allow development of 67 garden style lots. The density of this proposed development is compatible with the Future Land Use Plan. This area is not covered by a City of Little Rock recognized Neighborhood Plan. Master Street Plan: Denny Road is a Minor Arterial. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Denny Road since it is a Minor Arterial. Gordon Road is a Collector. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class III is shown on Denny Road. A Class III bikeway is a signed route on a street shared with traffic. No additional paving or right-of-way is required. Class III bicycle route signage may be required. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (July 22, 2010) Mr. Tim Daters and Mr. Tom Russell were present at the Subdivision Committee meeting to discuss the item. Staff stated the original submission was for a 70 acre parcel containing 249 lots. Staff stated the applicant amended the request to provide two applications Item H – File No. Z-8559 and Item 12 – File No. Z-8559-A. Staff stated the primary difference between the two (2) current requests and the original submission was the removal of the power line easement located midway in the development. Staff stated Item H contained a total of 16.32 acres and a total of 67 lots and Item 12 contained 43.41 acres and 184 lots. Staff stated the two (2) projects contained 59.73 acres and 251 lots. Staff stated the Planning Staff concerns were similar on both application requests. Staff requested Mr. Daters provide the elements typically contained within the bill of assurance including construction materials, building heights, minimum square footages of the homes, the allowance of accessory buildings and structures, the minimum roof pitch of the homes and details of perimeter and interior fences. Public Works comments were addressed. Staff stated dedication of right of way was required along Denny Road for both projects for a total of 45-feet from centerline. Staff stated boundary street ordinance requirements would be August 12, 2010 SUBDIVISION ITEM NO.: H (Cont.) FILE NO.: Z-8559 7 required adjacent to the proposed development. There was a general discussion by the Committee members, staff and Mr. Daters concerning the need for curb, gutter and sidewalk on Denny Road adjacent to this site. Mr. Daters stated the developer desired to construct sidewalk along Denny Road including sidewalk off-site to provide access from this subdivision to the nearby elementary school. Mr. Daters stated the developer would determine the cost of the required improvements and provide the walks and with any additional funds add additional paving along the frontage of the subdivision. He stated the paving would not be the full width but an additional eight (8) to ten (10) feet of paving would be added. Staff questioned the grading plan as proposed. Mr. Daters stated this development was proposed in two phases. He stated the request for Blocks 1 and 2 allowed for excess materials to be used on site. Mr. Daters stated there were varying degrees of cut and fill within this portion of the subdivision which the advanced grading would allow for balancing of the site. Mr. Daters stated within adjacent development, Blocks 3 – 7, there were four phases proposed. He stated fill areas 20 to 30 feet deep would be required in Blocks 3 - 7. He stated there were a number of drainage areas within this area which would be rerouted within this portion of the subdivision. Staff requested a sketch grading and drainage plan for both Blocks 1 and 2 and Blocks 3 through 7. There was a general discussion concerning the street width proposed within Blocks 3 – 7. Staff stated they felt Melicourt Loop was a residential street which would require a 50-foot right of way and sidewalks were required along the street on one side. Staff stated the walks should be placed on the inside of the loop where there were no driveways proposed. Mr. Daters stated the street would not function as a residential street and the number of cars on the street would be less than the number allowed per the Master Street Plan. Mr. Daters questioned if the lot layout and street design were redesigned to allow for Melicourt Boulevard and Melicourt Drive to be a loop street would staff then support the minor residential street standard for the street. Staff stated if the development met the definition of a loop street per the Master Street Plan staff would support the request. Staff stated the street designs located in Blocks 1 and 2 were adequate to meet the Master Street Plan requirements for a minor residential street. 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. August 12, 2010 SUBDIVISION ITEM NO.: H (Cont.) FILE NO.: Z-8559 8 H. ANALYSIS: The applicant submitted a revised site plan to staff addressing the issues raised at the July 22, 2010, Subdivision Committee meeting. The revised plan indicates accessory structures and interior fencing will be allowed as typically allowed in the R-2, Single-family zoning district. The development is proposed with a mix of sidewalks and alternative pedestrian paths. Sidewalks will be placed at the entrance of the subdivision and in areas where the streets are expected to carry volumes of traffic in excess of 400 vehicles per day. The paths will be constructed of an all weather surface. A 20-foot wide gravel pedestrian path and emergency access has been indicated on the plat to allow emergency access to Blocks 3 through 7 from Blocks 1 and 2. The development is proposed with 67 lots of detached single-family housing contained within 16.32 acres. The lots are proposed with a mix of front loaded and rear loaded garages. The lots average 50-feet by 115-feet with an average lot size of 5,750 square feet. The development is proposed with an overall density of 4.10 units per acre. Of the 16.32 acres 24.4 percent or 3.99 acres is proposed as common open space. The development is proposed with a 20-foot front and rear yard setbacks and five (5) foot side yard setbacks. The maximum building height is proposed as typically allowed in the R-2, Single-family Zoning District. The site plan indicates the placement of a subdivision sign located near the entrance along Denny Road. The sign is proposed to not exceed eight (8) feet in height and one hundred (100) square feet of sign area. The applicant has indicated the sign area indicated does not include other ornamental attachments or inner connecting links which may be a part of the main supports of the sign. The perimeter fence is proposed eight (8) feet in height with columns extending up to ten (10) feet in height. The internal streets are proposed as minor residential streets per the Master Street Plan. The Master Street Plan allows residential subdivisions where the maximum number of lots on a loop street does not exceed 80 lots and is not expected to exceed 400 vehicle trips per day to reduce the right of way width to 45-feet and no sidewalk is required. The paving width may be reduced to 24-feet but parking is restricted to one side of the street. The paving width must be 26-feet to avoid parking restrictions. The street is proposed with a 45-foot right of way and 26-feet of pavement without sidewalk in areas where the traffic counts are not expected to exceed 400 vehicles per day. August 12, 2010 SUBDIVISION ITEM NO.: H (Cont.) FILE NO.: Z-8559 9 The developer has indicated alternative improvements to Denny Road are being requested. The developer is requesting the allowance of placing sidewalks from the eastern boundary of Blocks 1 and 2 extending to the west, including off-site sidewalk construction, to the new elementary school. The developer is working with staff to determine the cost of the required boundary street improvements for each of the two items (Z-8559 and Z-8559-A) and the cost of construction of the walks as proposed. Additional paving will be added to Denny Road adjacent to each of the two items (Z-8559 and Z-8559-A) in addition to paving adjacent to the power line easement which bisects the two application requests. The developer has indicated should staff and the developer not be able to reach an agreement related to the sidewalk construction and additional improvements adjacent to Denny Road then street improvements to Denny Road will be completed per the boundary street ordinance requirements only adjacent to the proposed plats. The request includes the allowance of advanced grading for the entire 16.32 acres as a part of the Phase I construction. The applicant has indicated this will allow the development to balance, eliminating the need for hauling of cuts off site only to create the need to bring material back in during a later phase. Buffers will be maintained around the site perimeter to comply with the Land Alteration Ordinance. The development is proposed in two (2) phases and will be developed as the market demands. To staff’s knowledge there are no outstanding issues associated with the request. Staff is in support of the request. The property is zoned R-2, Single-family and is indicated on the City’s Future Land Use Plan as Residential Low Intensity. This classification allows for the development of single-family homes at a density not to exceed six (6) dwelling units per acre. The subdivision is proposed with an overall density of 4.10 units per acre. Staff feels the development of the subdivision as proposed should have minimal impact on the area. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends approval of the variance request to allow advanced grading of Block 2 with the development of Block 1. Staff recommends approval of the variance request from the Master Street Plan to allow an increased curb radius. August 12, 2010 SUBDIVISION ITEM NO.: H (Cont.) FILE NO.: Z-8559 10 Staff’s recommendation regarding the street improvement proposal is pending and will be presented at the public hearing. PLANNING COMMISSION ACTION: (AUGUST 12, 2010) The applicant was present. There were registered objectors present. The Chair explained that the Commission’s practice had been to offer the applicant a deferral of their item to a later meeting when eight (8) or fewer Commissioners were present. He stated to move an item forward with a positive recommendation the applicant had to secure six (6) positive votes regardless of the number of Commissioners present. The Chair questioned the applicant as to their desire for a deferral or if the wished to move the item forward. The applicant requested a deferral of the item to the September 23, 2010, public hearing. A motion was made to defer the item to the September 23, 2010, public hearing. The motion carried by a vote of 7 ayes, 0 noes, 3 absent and 1 open position. August 12, 2010 ITEM NO.: I FILE NO.: S-1654 NAME: Williams Addition Preliminary Plat LOCATION: Located on the Southwest corner of 23rd and Walker Streets DEVELOPER: Steve Williams c/o McGetrick and McGetrick Engineers #10 Otter Creek Court, Suite A Little Rock, AR 72210 ENGINEER: McGetrick and McGetrick Engineers #10 Otter Creek Court, Suite A Little Rock, AR 72210 AREA: .62 acres NUMBER OF LOTS: 2 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family PLANNING DISTRICT: 10 – Boyle Park CENSUS TRACT: 24.03 VARIANCES/WAIVERS REQUESTED: None requested. The applicant submitted a request dated June 16, 2010, requesting a deferral of this item to the August 12, 2010, public hearing. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (JULY 1, 2010) Mr. Pat McGetrick of McGetrick and McGetrick Engineers was present representing the request. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated June 16, 2010, requesting a deferral of this item to the August 12, 2010, public hearing. Staff stated they were supportive of the deferral request. August 12, 2010 SUBDIVISION ITEM NO.: I (Cont.) FILE NO.: S-1654 2 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: The applicant submitted a request dated July 23, 2010, requesting withdrawal of this item without prejudice. Staff is supportive of the withdrawal request. PLANNING COMMISSION ACTION: (AUGUST 12, 2010) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request for withdrawal of the item without prejudice on July 23, 2010. Staff stated they were supportive of the withdrawal request. There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 7 ayes, 0 noes, 3 absent and 1 open position. August 12, 2010 ITEM NO.: J FILE NO.: LA-0032 NAME: Woodlands Trail Land Advanced Grading Variance Request LOCATION: SW Corner of Kanis Road and Woodlands Trail APPLICANT: Rocket Properties, LLC. APPLICANT’S REPRESENTATIVE: White-Daters & Associates AREA: Approximately 6 Acres CURRENT ZONING: PCD VARIANCES/WAIVERS REQUESTED: A variance from the Land Alteration Regulations to advance grade without construction being imminent. A. PROPOSAL/REQUEST: Applicant is requesting a variance from the Land Alteration Regulations to advance grade 6 acres or Lots 1 thru 4 of Woodlands Park without construction being imminent. Lots 1 thru 4 of Woodlands Park is referred to as “the site”. The applicant desires to fill with dirt generated from the two (2) residential neighborhoods to the south of the site currently being developed. The applicant is proposing to maintain undisturbed buffers on all four (4) sides of the property. A 50 ft wide undisturbed buffer will be maintained to the north along Kanis Road; a 40 ft undisturbed buffer will be maintained to the south; and a 25 ft wide undisturbed buffer maintained on the east and west. One (1) access drive from Woodlands Trail is proposed to be installed to access the site. The applicant stated by permitting the advanced grading, all “over the road” hauling will be contained within the Woodlands development and this will eliminate any wear and tear on nearby streets and also eliminate loaded dump trucks from exiting the project and creating a safety hazard. B. EXISTING CONDITIONS: The 6 acre wooded site is part of a planned commercial development (PCD). The property is located southwest corner of Woodlands Trail and Kanis Road intersection and is densely wooded. Undeveloped wooded property zoned R2 is located on the west side of the site. On the south side of site is an undeveloped wooded tract of land zoned R2 planned to be developed in the future as part of Woodlands Edge Subdivision. To the east is Woodlands Trail. Beyond Woodlands Trail is an undeveloped wooded property that is part of approved Woodlands Park PCD. To the north is Kanis Road. Beyond Kanis Road is a property zoned PCD with a site plan approved for a ministorage facility. Today the property has a couple of occupied home located on it. August 12, 2010 SUBDIVISION ITEM NO.: J (Cont.) FILE NO.: LA-0032 2 C. NEIGHBORHOOD COMMENTS: As of the time of writing, staff has not received any telephone call from a property owner in the area. All adjacent property owners including those across a street or alley from the subject property were given notice. The Gilbraltar Heights Pointe West Timber Ridge POA, Parkway Place POA, and Woodlands Edge Community Association, Inc. were also notified. D. ENGINEERING COMMENTS: 1. Provide a Sketch Grading and Drainage Plan per Sec. 29-186 (e). 2. How much fill dirt is expected to be filled at this site? 3. A grading permit in accordance with section 29-186 (c) & (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of excavation. 4. If disturbed area is 1 or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 5. Vegetation must be established on disturbed area within 21 days of completion of harvest activities. 6. A perimeter buffer strip shall be temporarily maintained around disturbed areas of 40 ft. 7. A perimeter buffer strip shall be temporarily maintained around disturbed areas of at least 40 ft. 8. Erosion controls must be installed to reduce discharge of polluted stormwater. 9. The residential portion and the commercial/office portion of Woodlands Edge Subdivision were approved as separate items by the City and therefore the development of the commercial property is not considered a phase of the residential subdivision development. E. LANDSCAPING COMMENTS: 1. Grading plan must comply with the City’s buffer ordinance requirements. F. SUBDIVISION COMMITTEE: Joe White of White-Daters & Associates was present representing the applicant. Staff presented an overview of the variance application stating the applicant’s desire to advance grade the site. The applicant’s representative was encouraged by the committee to work with staff on this item. There was no August 12, 2010 SUBDIVISION ITEM NO.: J (Cont.) FILE NO.: LA-0032 3 further discussion of the item. The Committee then forwarded the item to the full Commission for final action. G. STAFF REPORT: 1. On June 18, 2010, the applicant requested deferral of the item to the August 12, 2010 meeting. Staff recommends approval of the deferral request. PLANNING COMMISSION ACTION: (JULY 1, 2010) Mr. Joe White of White Daters and Associates was present representing the request. Staff stated on June 18, 2010, the applicant requested deferral of this item to the August 12, 2010 meeting. Staff presented a recommendation of approval of the deferral request. There was no further discussion of the item. The Chair entertained a motion for approval of the item 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 submitted a request dated July 29, 2010, requesting a deferral of this item to the September 23, 2010, public hearing. Staff is supportive of the deferral request PLANNING COMMISSION ACTION: (AUGUST 12, 2010) Mr. Joe White of White-Daters and Associates was present representing the request. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated July 29, 2010, requesting a deferral of this item to the September 23, 2010, public hearing. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 7 ayes, 0 noes, 3 absent and 1 open position. August 12, 2010 ITEM NO.: 1 FILE NO.: S-980-C NAME: Morris Subdivision Replat Lots 1-RR and 3 LOCATION: Located at 12610 Chenal Parkway DEVELOPER: Chick-fil-A, Inc. 5200 Buffington Road Atlanta, GA 30348-5842 SURVEYOR: Global Surveying Consultants, Inc. 217 West 2nd Street, Suite 200 Little Rock, AR 72201 AREA: 14 acres NUMBER OF LOTS: 2 FT. NEW STREET: 0 LF CURRENT ZONING: C-3, General Commercial District PLANNING DISTRICT: 19 - Chenal CENSUS TRACT: 42.10 VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: Morris Subdivision currently contains two (2) lots. Lot 2 is occupied by Sears Automotive Center. Lot 1 contains 14 acres and is currently occupied by Home Depot. The owner is requesting the 14 acre Lot 1 be replatted into two (2) lots. Both lots are currently zoned C-3, General Commercial District. Proposed Lot 1RR would contain Home Depot and proposed Lot 3 is planned for development of a single building restaurant user. Lot 1RR is proposed containing 12.862 acres and Lot 3 containing 1.182 acres. No new curb cuts are proposed. All existing driveway accesses will be located on Lot 1RR with a cross access easement overlay to allow access to proposed Lot 3. August 12, 2010 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-980-C 2 B. EXISTING CONDITIONS: Within the area proposed for replatting there is a tire and brake store and a big box retailer, Home Depot. Adjacent to the site to the east is an automobile sales lot and to the west is another big box retailer, Target. To the south is a convenience store and a strip center which contains a number of uses including restaurants, office and general retail uses. Southwest of the site is a bank, an automobile sales lot and a strip retail center containing various retailers including an office supply store. North of the site is the Rock Creek and further north is a multi-family development accessed from Napa Valley Drive. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from the area property owners. All property owners abutting the site and the Gibralter Heights Pointe West Timber Ridge Property Owners Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Direct access to West Markham Street is prohibited by code. The preliminary plat does not show an access easement. An access easement must be provided. 2. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to final platting. 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: Any construction within the easement shown will have to be approved by the CAW, including driveways or parking areas, signs and light posts. All Central Arkansas Water requirements in effect at the time of request for water service must be met. A water main extension will be needed to provide August 12, 2010 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-980-C 3 water service to this property. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer's expense. Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. Contact Central Arkansas Water regarding the size and location of the water meter. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW's Cross Connection Section within ten days of the installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: Approved as submitted. County Planning: No comment. CATA: The site is located near CATA Bus Route #5 – the West Markham Route. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (July 22, 2010) Mr. Paxton Singleton was present representing the applicant. Staff presented an overview of the request stating there were few outstanding technical issues associated with the request. Staff stated a cross access easement was required to allow access to the new lot. Staff stated no new curb cuts would be allowed August 12, 2010 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-980-C 4 on West Markham Street. Staff also noted a revision to the Conditional Use Permit would be required for the Home Depot store. Staff noted the comment from Central Arkansas Water. Staff stated any construction within the easement shown would require approval by Central Arkansas Water. Staff stated this included driveways or parking, signs and light post. 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 plat to staff addressing the issues raised at the July 22, 2010, Subdivision Committee meeting. The revised plat includes a cross access easement to allow access to the proposed lots. The applicant has also noted prior to final platting of the lot a revised Conditional Use Permit for the Home Depot store will be sought. The request is a replat of approximately 14 acres into two (2) lots. Both lots are zoned C-3, General Commercial District. Lot 1RR is to contain the existing Home Depot containing 12.86 acres and Lot 3 is proposed containing 1.182 acres. Lot 3 is planned for development with a single building restaurant user. Lot 3 abuts West Markham Street but no new curb cuts are proposed. All existing driveway accesses will be located on Lot 1RR and a cross access easement will be created to allow access to proposed Lot 3 via the existing drives. Staff is supportive of the request. The lots are proposed with adequate square footage to comply with the C-3, General Commercial Zoning District. Staff does not feel the replat to allow the creation of the second lot will significantly impact the existing development 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. August 12, 2010 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-980-C 5 Staff recommends prior to final platting of this lot the CUP for the Home Depot store be revised to eliminate the existing parking located within this area from the approved site plan. PLANNING COMMISSION ACTION: (AUGUST 12, 2010) Mr. Paxton Singleton 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 also presented a recommendation that prior to final platting of the lot the CUP for the Home Depot store be revised to eliminate the existing parking located within this area from the approved site plan. 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 7 ayes, 0 noes, 3 absent and 1 open position. August 12, 2010 ITEM NO.: 2 FILE NO.: S-1636-B NAME: Beau Rivage Subdivision Revised Preliminary Plat LOCATION: Located East of Southridge Drive and South of the Walton Heights Subdivision DEVELOPER: Shollmier Family Limited Partnership 13925 Beau Vue Drive Little Rock, AR 72223 ENGINEER: The Holloway Firm 200 Casey Drive Maumelle, AR 72113 AREA: 14.438 acres NUMBER OF LOTS: 30 FT. NEW STREET: 1,187.15 LF CURRENT ZONING: R-2, Single-family PLANNING DISTRICT: 1 – River Mountain CENSUS TRACT: 42.05 VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: On September 3, 2009, the Little Rock Planning Commission reviewed a request to allow the development of this site with 30 single-family lots. The plat included variances which the Commission did not approve. On December 3, 2009, the Little Rock Planning Commission approved a request to allow a preliminary plat containing 16.43 acres to develop with 30 single-family lots and four (4) Tracts. Tract A was proposed as a conservation easement with a nature trail containing 8.0 acres. Tracts B and C were indicated along Southridge Drive containing 0.056 and 0.179 acres and proposed as open space and buffering along the existing street. Tract D was indicated as open space containing 0.46 acres along the south side of the development. August 12, 2010 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1636-B 2 The subdivision was proposed with lots averaging 0.224 acres with a minimum lot size of 0.164 acres. The overall density was 1.825 units per acre. A new public cul-de-sac street would be constructed to serve the new homes. The street was indicated with 1,341.39 linear feet constructed to City standard for a minor residential street. Beau Rivage Drive was indicated with a centerline grade of 17.6 percent. The Master Street Plan allows for a maximum centerline grade of 16 percent but allows staff to administratively approve a variance in the design standard of up to ten percent. The Master Street Plan states this variance in design standard does not require an amendment to the Master Street Plan. With the administrative variance the street is allowed a maximum centerline grade of 17.6 percent, as proposed by the developer A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is now requesting to amend the preliminary plat to allow the development of 30 residential lots and two (2) cul-de-sac streets. The previous approval allowed the development of lots on a single cul-de-sac street. The new proposal allows for the addition of Beau Rivage Circle in addition to Beau Rivage Drive for a total of 1,187.15 linear feet of new public street. All streets will be constructed to Master Street Plan standard for a minor residential street. The subdivision contains 16 acres and is proposed with 8.2 acres dedicated as open space. The average lot size proposed with the plat is 0.227 acres and the minimum lot size proposed is 0.164 acres. The development is proposed with an overall density of 1.825 units per acre. B. EXISTING CONDITIONS: The site is heavily wooded and appears to contain a significant slope from north to south. The site abuts the Walton Heights Subdivision to the north and to the south an area zoned Open Space. Along the southern boundary the site is adjacent to a City of Little Rock Fire Station, vacant property, an office building, a church and single-family homes located on large lots all in excess of five (5) acres which are accessed from River Mountain Road. Pleasant Ridge Towne Center is located to the south and across Cantrell Road. The Center has developed with a number of retail and restaurant uses. Within the general area are a number of apartments, commercial and office uses located to southeast and southwest of the site, along and across Cantrell Road. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a few informational phone calls from the area property owners. All property owners abutting the site and the Walton Heights Property Owners Association were notified of the public hearing. August 12, 2010 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1636-B 3 D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. 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). 2. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. A grading permit has been issued for geotechnical exploration on the site. 3. Staff has worked with the applicant on the street design. 4. Since the street is proposed not to be 26 feet in width, show on the plan the area of street where parking will be restricted to one side. 5. Measures to control the increase in stormwater runoff from the increased impervious surface should be implemented to not damage adjacent property. 6. Stormwater detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. 7. If disturbed area is one (1) or more acres, obtain a NPDES stormwater permit from the Arkansas Department of Environmental Quality prior to the start of construction. 8. Provide a letter prepared by a registered engineer certifying the sight distance at the intersections comply with 2004 AASHTO Green Book standards. 9. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 10. Street improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. 11. Streetlights are required by Section 31-403 of the Little Rock code. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting/certificate of occupancy. Contact Traffic Engineer 379-1813 (Steve Philpott) for more information. 12. Vegetation must be established on disturbed area within 21-days of completion of harvest activities. August 12, 2010 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1636-B 4 13. Provide the profile of the proposed street showing centerline grade, sight distance, and horizontal radius of the centerline. 14. Retaining walls designed to exceed 15-feet in height are required to seek a variance for construction. Provide proposed wall elevations. 15. Prior to construction of retaining walls, an engineer's certification of design and plans must be submitted to Public Works for approval. After construction, an as-built certification is required for construction of the retaining wall. 16. Plat a no access easement along the south side of Beau Rivage Drive east of the last proposed lot. 17. 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. 18. Provide a Sketch Grading and Drainage Plan per Section 29-186 (e). 19. A 45-foot right-of-way is required to be dedicated for minor residential streets. 20. Vegetation must be established on disturbed area within 21-days of completion of harvest activities. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required with easement for this project. Contact the Little Rock Wastewater Utility for additional information. Entergy: Additional easements are required. A 10-foot easement is required along the common property lines of Lots 27 and 28 and Lots 28 and 29. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: A short main extension will be required to provide water service to this property. All Central Arkansas Water requirements in effect at the time of request for water service must be met. Please submit plans for water facilities to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities. Approval of plans by Central August 12, 2010 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1636-B 5 Arkansas Water, the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: The development consists of 30 residential lots which will not require the placement of a 2nd access to the subdivision. Place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (July 22, 2010) Mr. Mark Redder of the Holloway Firm was present representing the applicant. Staff presented an overview of the request stating the Commission had reviewed a preliminary plat for this subdivision earlier in the year. Staff stated the developers were requesting a revision to the previously approved preliminary plat. Staff stated the number of proposed lots had not changed but the street layout had changed from the original approval. Public Works comments were addressed. Staff stated a grading permit would be required prior to any grading on the site. Staff also requested the applicant provide a letter certifying the sight distance of the intersections complied with ASHTO design standards. Staff stated streetlights were required with the final platting of the new subdivision. Staff stated since the street was not proposed to be 26-feet in width, restricted parking would be required and requested Mr. Redder provide the location on the proposed plat where parking would be restricted. 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. August 12, 2010 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1636-B 6 H. ANALYSIS: The applicant submitted a revised preliminary plat to staff addressing the issues raised at the July 22, 2010, Subdivision Committee meeting. The applicant has provided staff with a letter certifying the sight distance of the intersections. The revised preliminary plat indicates the location of restricted parking as requested by staff. The street grades of the development comply with the grades required per the Master Street Plan for a minor residential street standard. The request is to allow the creation of 30 single-family residential lots within this 16.438 acre parcel. The average lot size proposed is 0.227 acre and the overall density of the development is 1.825 units per acre. A total of 1,187.15 linear feet of new public street is proposed. Within the development a total of 8.259 acres will be dedicated to open space all contained in one (1) tract. The developer has indicated the open space will be dedicated to the City of Little Rock or to the Nature Conservancy to ensure the property is not developed in the future. The plat is indicated with a 25-foot front building line along the new street. A note on the plat indicates side and rear yard setbacks consistent with the Zoning Ordinance for R-2, Single-family zoned property. The lot widths and areas are indicated consistent with the development standards established by the Subdivision Ordinance for R-2, Single-family zoned property. The proposed plat indicates the placement of a 10-foot restrictive access easement on Lots 1 and 29 adjacent to Southridge Drive and along the south side of Beau Rivage Drive adjacent to the open space area. To staff’s knowledge there are no remaining outstanding technical issues in need of addressing associated with the request. The subdivision is proposed with an overall density of 1.825 units per acre which is consistent with single-family development per the City’s Future Land Use Plan. The proposed subdivision appears to fully comply with the typical design standards of the City’s ordinances. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. PLANNING COMMISSION ACTION: (AUGUST 12, 2010) The applicant was present. There was one registered objectors present. Staff presented the item with a recommendation of approval of the request subject to August 12, 2010 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1636-B 7 compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Mr. Bob Holloway addressed the Commission on the merits of the request. He stated the Commission had previously approved the request to allow the development of 30 homes on this site. He stated once exploration began it was determined rock existed in areas which did not allow for the street layout as previously proposed. He stated with the addition of the second cul de sac this allowed the subdivision to develop and he felt the layout a better design than the original. Ms. Judy Lansky addressed the Commission in opposition of the request. She stated she was a resident of the Walton Height Subdivision and a member of the Walton Heights Property Owners Board. She stated the neighborhood wanted to go on record with opposition to the request. She stated the concerns were the same as with the original proposal; the sight distance at the entrance to the subdivision and the additional traffic on Southridge Drive and on Cantrell Road. She stated with 30 new homes this would add an additional 300 vehicle trips per day on the street. She stated the traffic in the neighborhood was presently difficult the additional traffic would over tax the streets and intersections. She reminded the Commission of a recent article in the Democrat Gazette stating the intensity of congestion on Cantrell Road at the I-430 intersection. Mr. Holloway stated he felt the development a quality development. He stated the sight distance had been certified and Public Works was not concerned with the placement of the street intersection. 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 6 ayes, 0 noes, 3 absent, 1 abstention and 1 open position. August 12, 2010 ITEM NO.: 3 FILE NO.: S-1649-A NAME: The Orchards at Mabelvale Revised Preliminary Plat LOCATION: Located at 9501 Mabelvale Pike DEVELOPER: Garth Development, LLC Robert Garth 6929 JFK Boulevard Sherwood, AR 72116-5339 ENGINEER: The Holloway Firm 200 Casey Drive Maumelle, AR 72113 AREA: 20.0 acres NUMBER OF LOTS: 8 FT. NEW STREET: 650 LF CURRENT ZONING: C-3, General Commercial District and R-2, Single-family PLANNING DISTRICT: 15 – Geyer Springs West CENSUS TRACT: 41.05 VARIANCES/WAIVERS REQUESTED: 1. A variance from Section 29-186 (c) and (d) of the City’s Land Alteration Ordinance to allow grading of portions of adjacent lots with the issuance of a building permit for one of the lots. 2. A variance from Sections 30-43 and 31-210 to allow the driveways to be located nearer the property line than typically allowed on a commercial street to allow the lots to share access. BACKGROUND: On April 8, 2010, the Little Rock Planning Commission reviewed and approved a preliminary plat for this 20 acre tract to allow the creation of four (4) lots. The property was zoned C-3, General Commercial District and R-2, Single-family District. A subsequent rezoning of the R-2, Single-family portion to C-3, General Commercial District was filed and approved by the Little Rock Board of Directors on June 1, 2010, by August 12, 2010 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-1649-A 2 the adoption of Ordinance No. 20, 274. Lots 1 and 2 contained 1.018 acres and 1.226 acres and were located adjacent to Mabelvale Pike. Lot 3 contained 2.705 acres and the remaining 13.38 acres was indicated in Lot 4. The proposed plat indicated a new commercial street (60-foot right of way) extending along Lot 2’s southern boundary to the east to provide future public street access to Lots 3 and 4. Lot 3 was proposed for immediate development as an elderly housing development (as a separate item on the agenda Z-8519). The PD-R zoning was approved by the Board of Directors on May 4, 2010, by the adoption of Ordinance No. 20, 261. Lots 1 and 2 were proposed for future development as a commercial use. There were no immediate plans for the development of Lot 4. The developer indicated when future development plans were secured a revision to the plat for Lot 4 would be sought to clearly define the land area distribution for any additional future lots. The approval also included a variance from the City’s Land Alteration Ordinance to allow grading of a portion of proposed Lot 4 with the development of Lot 3. A variance from Sections 30-43 and 31-210 to allow the driveway located on Lot 3 to be located nearer the property line than typically allowed on a commercial street was also approved. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is now proposing to amend the preliminary plat to allow previously proposed Lot 4 to be subdivided into five (5) lots. The lots average 2.5 acres and are proposed for future development. The applicant has indicated the lots will be final platted as the market demands and street improvements will be completed adjacent to the lots as final platting occurs. As a separate item on this agenda (Item 11 – File No. Z-8519-B) the applicant is requesting rezoning approval to PD-R to allow the new proposed Lot 4 to develop with a single building containing 48 units of age restricted elderly housing. The request includes a variance from the City’s Land Alteration Ordinance to allow grading of portions of adjacent lots with the issuance of a building permit for one of the lots. The request also includes a variance from Sections 30-43 and 31-210 to allow the driveway located on Lot 3 to be located nearer the property line than typically allowed on a commercial street. B. EXISTING CONDITIONS: Site work has begun on the building located on Lot 3 along with grading of the proposed street. The area proposed under the current development contains a August 12, 2010 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-1649-A 3 number of large trees and within the area proposed for future development there are also a number of significant trees. In the area there are a number of uses including commercial, residential and industrial type uses. To the north of the proposed plat area is a big box retailer, Home Depot. North of the site are two single-family structures and south of the site is a single-family structure. All About Tires and Brakes is located north of the site fronting Mabelvale Pike. West of the site is Arkansas Signs and Barricade located on Davmar Drive. Mabelvale Pike is a two lane road with open ditches for drainage. Street improvements have been completed on a number of properties located to the north which have redeveloped. The improvements include curb, gutter and sidewalk. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a number of phone calls requesting additional information from area residents. All property owners located within 200 feet of the site, all residents, who could be identified, located within 300 feet of the site, the Mavis Circle and the Pinedale Neighborhood Associations and Southwest Little Rock United for Progress were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Prior to final platting, provide design of street conforming to the Master Street Plan. Construct street improvements to the proposed Richsmith Lane including sidewalks on both sides. The street should be 36-feet in width with a 60-foot right-of-way. A cul-de-sac should be provided at the eastern end of the streets for vehicles to turn around. 2. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). 3. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 4. At the time of construction of the street, a temporary gravel turnaround must be provided at the last portion of the street constructed. August 12, 2010 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-1649-A 4 5. Per Section 29-102 an evaluation should be conducted and provided to staff on the basis of existing downstream development and any analysis of stormwater runoff with and without the proposed development. Mabelvale Pike has flooded recently at this location during a 5-year storm event. If the proposed development will increase downstream flooding conditions, a remedy should be provided. 6. 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. 7. Stormwater detention ordinance applies to this property. Sufficient detention should be provided to not overwhelm the 24-inch diameter pipe under Mabelvale Pike at the time of full development. 8. Damage to public and private property due to hauling operations or operation of construction related equipment from a nearby construction site shall be repaired by the responsible party prior to issuance of a certificate of occupancy or final platting. 9. Minimum driveway spacing on a commercial street is 250-feet. If driveways are proposed to be less than the minimum, lots must share driveways through access easements. 10. A Sketch Grading and Drainage Plan is required per Section 29-186 (e) to be provided. 11. 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 main extension required with easement for this project. Contact the Little Rock Wastewater Utility for additional information. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Please submit plans for water facilities to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures August 12, 2010 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-1649-A 5 for installation of water facilities. Approval of plans by Central Arkansas Water, the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. A main extension will be needed to provide water service to the back of this property. Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW's Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Place fire hydrants per code. All gate openings must maintain a minimum opening width of 20-feet. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (July 22, 2010) Mr. Mark Redder was present representing the request. Staff presented an overview of the requesting stating there were two items on the Commission’s agenda related to the proposed development. Staff stated a preliminary plat to allow the creation of five lots within the previously identified Lot 4 and a rezoning August 12, 2010 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-1649-A 6 to PD-R to allow the development of the new Lot 4 with elderly housing (Item #11 – Z-8519-B). Staff stated the elderly housing would be age restricted to persons 55 years plus. The items were discussed simultaneously. Staff requested on the preliminary plat a note be included concerning the proposed phasing plan. Staff requested on the elderly housing development site plan a note be included concerning the proposed perimeter fencing and the hours of dumpster service. Public Works comments were addressed. Staff stated street construction would be required prior to the final platting of the proposed lots. Staff also stated a temporary turn-around would be required at the end of the street if the entire street was not constructed in one phase. Staff requested the applicant provide an evaluation of the existing downstream development and any analysis of stormwater runoff with and without the proposed development. Staff stated Mabelvale Pike had experienced flooding at this location in the recent past. Staff stated damage to public and private property due to the hauling of materials and construction related equipment would be the responsibility of the owner to correct. Landscaping comments related to the proposed PD-R application were discussed. Staff stated an automatic irrigation system would be required to water landscaped areas. Staff stated prior to the issuance of a building permit it would be necessary to submit a landscape plan stamped with the seal of a registered landscape architect. 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 preliminary plat to staff addressing the issues raised at the July 22, 2010, Subdivision Committee meeting. The applicant has indicated a request to allow advanced grading of a portion of proposed Lot 5 with the development of Lot 4 was being requested. The applicant has indicated a cul-de-sac at the end of Richsmith Lane at the terminus of the street and located adjacent to Lot 8. A note has been provided concerning the proposed perimeter fencing for the PD-R application request and a note on the site plan limits the hours of dumpster service to daylight hours. The request is a preliminary plat to allow the creation of eight (8) lots from a 20+ acre parcel. The lots range in size from 1.018 acres to 2.416 acres. The August 12, 2010 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-1649-A 7 plat indicates Lots 3 - 8 will share driveway access at the time of development. The lots are proposed to be final platted in phases based on market demand. Street improvements will be constructed adjacent to the lots as the final plat is executed for the individual lots. Approximately 650 linear feet of new street will be constructed with the final platting of the lots. A graveled temporary turn-around will be provided at the end of the street as it extends to the east. The property is currently zoned C-3, General Commercial District which requires a minimum lot area of 14,000 square feet and a minimum lot width of 100-feet. The lots as proposed are more than adequate to meet these typical minimum requirements. The request includes a variance from the City’s Land Alteration Ordinance to allow grading of a portion of proposed Lot 5 with the development of Lot 4. The developer has indicated there is fill material located on proposed Lot 5 that will be used to raise the grade of proposed Lot 4. The developer has indicated selected grading on adjacent lots will be required with the remaining lots (Lots 5 – 8) as they are developed. The developer has indicated the approval of the variance request will eliminate the need for hauling of materials on City streets at the time of development of these lots individually. The request also includes a variance from Sections 30-43 and 31-210 to allow the driveways to be located nearer the property line than typically allowed on a commercial street. The proposed plat indicates the driveway to be a 65-foot shared access easement located near the common lot line. The drives will be shared to limit the number of curb cuts along the proposed new street. Staff is supportive of the requests and the associated variances. To staff’s knowledge there are no outstanding technical issues in need of addressing associated with the request. The proposed plat appears to meet the intent of the various City ordinances. Staff does not feel the variance to allow advanced grading or the variance to allow the drive to be located nearer the property line than typically allowed per the Master Street Plan or the Subdivision Ordinance will significantly impact the development 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. Staff recommends approval of the variance request from Section 29-186 (c) and (d) of the City’s Land Alteration Ordinance to allow grading of portions of adjacent lots with the issuance of a building permit for one of the lots. August 12, 2010 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-1649-A 8 Staff recommends approval of the variance request from Sections 30-43 and 31-210 to allow the driveway to be located nearer the property line than typically allowed on a commercial street. PLANNING COMMISSION ACTION: (AUGUST 12, 2010) 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 of approval of the variance request from Section 29-186 (c) and (d) of the City’s Land Alteration Ordinance to allow grading of portions of adjacent lots with the issuance of a building permit for one of the lots. Staff also presented a recommendation of approval of the variance request from Sections 30-43 and 31-210 to allow the driveway to be located nearer the property line than typically allowed on a commercial street. 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 7 ayes, 0 noes, 3 absent and 1 open position. August 12, 2010 ITEM NO.: 4 FILE NO.: S-1655 NAME: RIC Inc. Subdivision Site Plan Review LOCATION: Located at 5505 Scott Hamilton Drive DEVELOPER: RIC, Inc. 5505 Scott Hamilton Drive Little Rock, AR 72209 SURVEYOR: Donald Brooks Surveying 20820 Arch Street Pike Hensley, AR 72065 AREA: 3.33 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: I-2, Light Industrial District PLANNING DISTRICT: 13 – 65th Street East CENSUS TRACT: 20.02 VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The property located at 5505 Scott Hamilton Drive is currently zoned I-2, Light Industrial District and contains an existing metal and brick office building along with an additional shop building located within the northeastern portion of the site. The applicant is proposing the addition of a 75-foot by 100-foot metal building located along Scott Hamilton Drive to be used as a warehouse and shop during inclement weather. Landscaping upgrades will be provided as required by the City’s Landscape Ordinance. B. EXISTING CONDITIONS: The property is located within the 65th Street Industrial Park area. The site proposed for site plan review contains existing office and shop buildings which August 12, 2010 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: S-1655 2 are located near the northern portion of the property. There are industrial and warehouse uses located adjacent to the site. The Little Rock Wastewater Overflow basin is located north of the site, at the end of Scott Hamilton Drive. 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 site, the Upper Baseline Neighborhood Association and Southwest Little Rock United for Progress were notified of the public hearing. The Upper Baseline Neighborhood Association voted to support the request. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. A concrete driveway apron is required to be installed per City Ordinance that maintains positive drainage of stormwater in the gutter. Currently, stormwater ponds in the upstream gutter due to the driveway apron being constructed in conflict with the curb and gutter. 2. Scott Hamilton Drive is classified on the Master Street Plan as a collector street. A dedication of right-of-way 30 feet from centerline will be required. Provide a revised survey showing the centerline of the right-of-way. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: Approved as submitted. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: Install and place fire hydrants per code. Contact the Little Rock Fire Department for additional information. August 12, 2010 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: S-1655 3 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: Planning Division: No comment. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. Additional landscaping may be required in conjunction with the new building construction. 3. A water source within 75-feet will be required to water landscaped areas. G. SUBDIVISION COMMITTEE COMMENT: (July 22, 2010) The applicant was present. Staff presented an overview of the request stating the request was a Subdivision Site Plan Review to allow the construction of a second building on the site. Public Works comments were addressed. Staff stated a dedication of right of way 30-feet from centerline was required. Staff requested a new survey be provided indicating the existing right of way on Scott Hamilton Drive. Staff stated concrete driveways and aprons were required to be installed per City ordinance that would allow positive drainage of stormwater in the gutter. Staff stated currently stormwater was ponding in the upstream gutter due to the driveway apron being constructed in conflict with the curb and gutter. Landscaping comments were addressed. Staff stated additional landscaping would be required with the construction of the new building. Staff stated a water source within 75-feet of the landscape areas would be required to water the 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. August 12, 2010 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: S-1655 4 H. ANALYSIS: The applicant submitted a revise survey to staff identifying the centerline of Scott Hamilton Drive. The survey indicates a 50-foot existing right of way for Scott Hamilton Drive. The applicant will be required to dedicate an additional five (5) feet of right of way with the issuance of a building permit for the new construction. There were no additional issues raised at the Subdivision Committee meeting related to the overall site layout and design. The request is to allow the construction of a 7,500 square foot warehouse/shop building located adjacent to Scott Hamilton Drive within the northeastern portion of the site. The site contains an existing office building and a couple of covered sheds which are used by the owner for parking of vehicles and storage. The site plan indicates landscaping upgrades will be provided as required by the City’s Landscape Ordinance with the new building construction. The site is zoned I-2, Light Industrial District which requires a minimum site area of 14,000 square feet and a minimum front yard setback of 50-feet. The side yard setback required is 15-feet and the required rear yard setback is 25-feet. The plan as proposed has setbacks more than adequate to meet these typical requirements. Staff is supportive of the request. To staff ‘s knowledge there are no outstanding issues associated with the request. Staff feels the construction of the building on the site as proposed should not have an adverse impact this site or the area. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. PLANNING COMMISSION ACTION: (AUGUST 12, 2010) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 7 ayes, 0 noes, 3 absent and 1 open position. August 12, 2010 ITEM NO.: 5 FILE NO.: Z-6477-B NAME: Pleasant Ridge Zoning Site Plan Review LOCATION: Located at 11610 Pleasant Ridge Road DEVELOPER: Schickel Development 11601 Pleasant Ridge Road, Suite 300 Little Rock, AR 72222-7970 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 ARCHITECTS: Williams and Dean Associated Architects 18 Corporate Hill Drive Little Rock, AR 72205 AREA: 5.7099 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: C-2, Shopping Center District PLANNING DISTRICT: 1 – River Mountain CENSUS TRACT: 42.09 VARIANCES/WAIVERS REQUESTED: 1. A variance from the C-2 zoning district to allow the building setback to be reduced from 40-feet to 30-feet (Section 36-300(e)(1). A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: Pleasant Ridge West contains an existing retail building with 24,900 square feet and 154 parking spaces. There is also a restaurant located on the site containing 9,000 square feet and 109 parking spaces. The overall site area is August 12, 2010 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-6477-B 2 5.63 acres. The applicant is proposed to add to the southern façade of the existing retail building. An outdoor covered dining area and an area for storage screened with a brick wall is proposed. The outdoor seating is proposed containing approximately 1,075 square feet. The storage is proposed with two (2) coolers and a freezer. This area is proposed containing approximately 500 square feet. B. EXISTING CONDITIONS: The site contains a strip retail center and a restaurant. The property is located across from the Pleasant Ridge Town Center shopping center. Across Pleasant Ridge Road is an office building and a US Post office. West of the site is a multi-family development. North of the site is a property zoned POD which has developed as a bank. Northwest of the site is a property zoned PD-R which was approved for a multi-family development which has not occurred. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from the area property owners. All property owners located within 200 feet site and the Walton Heights Candlewood Property Owners Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: No comment. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: Approved as submitted. Fire Department: Approved as submitted. County Planning: No comment. August 12, 2010 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-6477-B 3 CATA: The site is located adjacent to CATA Bus Route #25 - the Highway 10 Express 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. Additional landscaping may be required in conjunction with the new construction. G. SUBDIVISION COMMITTEE COMMENT: (July 22, 2010) Mr. Tim Daters of White-Daters and Associates was present representing the request. Staff presented an overview of the request stating the original submission included the building encroaching into the required setback of the Highway 10 Design Overlay District. Mr. Daters stated the covered patio would not extend into the required setback of the Highway 10 DOD but the building would encroach into the setback required by the zoning district. Staff stated the final plat included a 40-foot platted building line. Staff stated if the applicant received approval for the request a replat would be required to adjust the building setback. Staff noted there were no additional comments from the other reporting agencies. 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 July 22, 2010, Subdivision Committee meeting. The revised plan indicates the construction of an at grade patio along the southern portion of the existing building. A covered patio will be constructed within a portion of this area as well. In addition to the patio area a storage area with a brick screening wall will be constructed. The outdoor seating is proposed containing approximately 1,075 square feet. The storage is proposed with two (2) coolers and a freezer. This area is proposed containing approximately 500 square feet. August 12, 2010 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-6477-B 4 The shopping center contains an existing retail building with 24,900 square feet and 154 parking spaces and second building with a restaurant containing 9,000 square feet and 109 parking spaces. The overall site area is 5.63 acres. The property is zoned C-2 which typically requires the placement of a 40-foot building setback from all property lines. In addition the property is located within the Highway 10 Design Overlay District. The required building setback under the overlay is a front yard setback of 100-feet, side yard setback of 30-feet and a rear yard setback of 40-feet. The canopy is proposed to be located 30-feet from Pleasant Ridge Road which complies with the Highway 10 Design Overlay District but does not comply with the 40-foot setback required by the zoning district. Approval by the Planning Commission for the variance request to allow the reduced setback is required to allow the construction as proposed. The plat currently has a 40-foot platted building line located along Pleasant Ridge Road. If the Planning Commission approves the building line variance, the applicant will have to complete a one-lot replat reflecting the change in the platted side building line for the construction of the covered patio. The applicant should review the filing procedure with the Circuit Clerk’s office to determine if the replat requires a revised Bill of Assurance. Staff is supportive of the request. Staff does not feel the reduced building setback along Pleasant Ridge Road will significantly impact the development or the area. To staff’s knowledge there are no outstanding 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. Staff recommends approval of the variance request to allow the building line as proposed along Pleasant Ridge Road. The applicant must submit a one lot replat to adjust the building line prior to the issuance of a building permit. PLANNING COMMISSION ACTION: (AUGUST 12, 2010) Mr. Joe White of White-Daters and Associates was present representing the request. There were no registered objectors present. Staff presented the item with a August 12, 2010 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-6477-B 5 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 to allow the building line as proposed along Pleasant Ridge Road. Staff also presented a recommendation that the applicant submit a one lot replat to adjust the building line prior to the issuance of a building permit. 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 7 ayes, 0 noes, 3 absent and 1 open position. August 12, 2010 ITEM NO.: 6 FILE NO.: Z-2934-E NAME: Massey Long-form PD-R LOCATION: Located at 5001 Stagecoach Road DEVELOPER: Richard & Anne Massey 4610 Crestwood Road Little Rock, AR 72207 ENGINEER: The Holloway Firm 200 Casey Drive Maumelle, AR 72113 ARCHITECTS: Yeary Lindsey Architects 3416 Old Cantrell Road Little Rock, AR 72201 AREA: 84.803 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family, MF-18, Multi-family 18 units per acre and C-3, General Commercial District ALLOWED USES: Single-family, Multi-family and Commercial PROPOSED ZONING: PD-R PROPOSED USE: Single-family residence and a barn/garage (accessory structure) VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The request is a rezoning of the property located at 5001 Stagecoach Road from various zoning classifications to PD-R to allow the construction of a single-family residence and a garage/barn (accessory structure). The site plan indicates the August 12, 2010 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-2934-E 2 placement of a single-family structure with a maximum footprint of 5,000 square feet and a garage with a maximum footprint of 1,500 square feet. The barn/garage (accessory structure) is proposed containing 900 square feet. The site contains 88+ acres and is currently zoned R-2, Single-family, MF-18, Multi-family and C-3, General Commercial District. The property is not located in a subdivision therefore there is no bill of assurance for the property. B. EXISTING CONDITIONS: The frontage along Stagecoach Road has few trees but as the property goes to the east there are a number of trees. The area to the north is developed with single-family homes accessed via Susie Lane. Also to the north are single-family residences located within the Westwood Subdivision. East of the site is a commercial node located at the intersection of Stagecoach and Colonel Glenn Roads. Immediately west of the site is a church campus. South and southwest of the site, across Brodie Creek, are two (2) single-family neighborhoods; Pecan Lake and Tall Timber. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a number of phone calls from the area residents and property owners requesting additional information. All property owners located within 200 feet site, all residents, who could be identified, located within 300 feet of the site, the Pecan Lake Property Owners Association, the Tall Timber Property Owners Association, the Westwood Neighborhood Association and Southwest Little Rock United for Progress were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. In accordance with Section 31-176, floodway areas must be shown as floodway easements or be dedicated to the public. In addition, a 25-foot wide access easement is required adjacent to the floodway boundary. 2. The floodway must be kept free of development including fill. 3. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction in the floodplain. 4. A special Grading Permit for Flood Hazard Areas will be required per Section 8-283 prior to construction. August 12, 2010 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-2934-E 3 5. The minimum Finish Floor elevation of any inhabitable structure in the floodplain of at least one (1) foot above the base flood elevation is required to be shown on plat and grading plans. 6. With future site development beyond this proposal of a single residence and garage with an accessory structure, provide design of street conforming to the Master Street Plan. Construct one-half street improvement to the street including 5-foot sidewalks to Stagecoach Road. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required with easement for this project. Contact the Little Rock Wastewater Utility for additional information. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: Contact Central Arkansas Water regarding the size and location of the water meter. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. Additional fire protection may be required. Fire Department: Fire hydrants will be required. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Boyle Park Planning District. The Land Use Plan shows Neighborhood Commercial and Residential Low Density for this property. The applicant has applied for a rezoning from MF-18, C-3 and R-2 to Planned Development Residential to allow construction of a primary residence and accessory structure on an 88 acre site. Each Planned Zoning District is to be reviewed on its own merits with consideration of the Land Use Plan for the site and surrounding areas. August 12, 2010 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-2934-E 4 This area is covered by the Westwood Pecan Lake Neighborhood Plan. Their Zoning and Land Use states: “Preserve the existing residential areas within the Pecan Lake Subdivision and along Stagecoach Road.” Master Street Plan: Stagecoach Road is a Principal Arterial. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Stagecoach Road since it is a Principal Arterial. Bicycle Plan: There are no bike routes shown in the immediate vicinity. Landscape: No comment concerning the use of the property as single-family. G. SUBDIVISION COMMITTEE COMMENT: (July 22, 2010) The applicant was not present. Staff presented an overview of the request stating there were no significant issues in need of addressing related to the request. Staff stated a detail of the proposed accessory building would be provided by the architects. Staff stated the proposed accessory building would most likely not have a kitchen but the request was to allow for a small kitchen area in case the owners decided to add a kitchen in the future. Staff stated the building would not be leased as a second residence. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: There were no outstanding issues associated with the request in need of addressing related to the site plan raised at the July 22, 2010, Subdivision Committee meeting. The applicant did however submit building elevations and floor plans for the proposed barn/garage. The request is to rezone this site from commercial, multi-family and single-family zoning districts to PD-R to allow the construction of a single-family home, garage and barn/garage. The site plan indicates the barn/garage will be constructed in the initial phase and the single- family home and detached garage will follow in the near future. The site plan indicates the placement of a single-family structure with a maximum footprint of 5,000 square feet and a detached garage with a maximum footprint of 1,500 square feet. The barn/garage is proposed containing 900 square feet. The building is indicated with a kitchen and bathroom but the applicant has indicated these elements may not be a part of the initial construction. The August 12, 2010 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-2934-E 5 maximum building height for all structures is proposed at 35-feet which is the typical building height allowed in the R-2 zoning district. Staff is supportive of the request. The site contains 88+ acres and is currently zoned C-3, General Commercial District, MF-18, Multi-family and R-2, Single- family. The need for the rezoning request is two fold; one to allow the construction of a residential home within the commercial zoning district and the second to allow the construction of the barn/garage (accessory structure) without the presence of a primary residences. To staff’s knowledge there are no outstanding issues associated with the request. Staff feels the rezoning of the site to PD-R to allow the construction as proposed should not have any impact on this site or the adjacent properties. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. PLANNING COMMISSION ACTION: (AUGUST 12, 2010) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 7 ayes, 0 noes, 3 absent and 1 open position. August 12, 2010 ITEM NO.: 7 FILE NO.: Z-7917-C NAME: Arkansas Dental Health Revised Short-form PCD LOCATION: Located at 12018 Chenal Parkway DEVELOPER: Matt Chandler Sperry Van Ness 5509 Springvale Road, Suite B North Little Rock, AR 72116 ENGINEER: White-Daters and Associates #24 Rahling Road Little Rock, AR 72223 AREA: 1.19 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: PCD ALLOWED USES: C-3, General Commercial District Uses PROPOSED ZONING: Revised PCD PROPOSED USE: C-3, General Commercial District Uses – Wall sign east façade 55.35 square feet VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: The site was constructed as a single user building which housed a Gateway computer store. Once the original tenant moved from the site the property was divided into two (2) individual retail spaces, to be leased independently. An application request was filed to allow signage on the western wall of the building; the wall was located without public street frontage. According to the applicant the sign allowances per the Ordinance provided limited visibility for tenants leasing the west side of the property. Based on the property being located within the Chenal Parkway/Financial Center Design Overlay District the only option for allowance of signage without public street frontage required the applicant to file a Planned Development application and rezone the site from C-3, August 12, 2010 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-7917-C 2 General Commercial District. The allowable uses for the site remained as C-3, General Commercial District uses. The original application for Verizon indicated a total sign area which would not exceed 240 square feet and the “V” being the largest letter with a maximum height of 57 inches. During the Planning Commission public hearing the applicant reduced the total sign area being requested to 100 square feet. The application request was amended during the Board of Directors meeting as well. The Board of Directors approved the applicant’s amended request to allow signage along the western façade with a maximum area of fifty (50) square feet by the adoption of Ordinance No. 19,429 on November 1, 2005. On December 7, 2006, the Little Rock Planning Commission denied a request to allow expanded signage on the western façade of this building. The request was to allow the placement of a sign without public street frontage with a total sign area of 150 square feet. The developers indicated a new façade would be placed on the front and west walls changing the color of the building and adding architectural elements such as brick accents and false windows. The denial was appealed to the Board of Directors. The applicant amended the request at the Board of Directors meeting to limit the signage to seventy-five (75) square feet. Ordinance No. 19,724 adopted by the Little Rock Board of Directors on March 20, 2007, approved signage on the western façade not to exceed seventy-five (75) square feet in sign area. The building façade improvements were not completed and the seventy-five (75) square foot sign was not installed. On December 3, 2009, the Little Rock Planning Commission approved a request to revise the PCD to allow the signage along the western façade to be increased to 117 square feet. On February 17, 2010, the Board of Directors denied the request. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The tenant on the east side of the building is now requesting wall signage along the east façade; also located without public street frontage. The request is to allow signage similar to signage approved for the tenant on the west along the western façade of the building. The sign is proposed 12.3-feet in length and 4.5-feet in height for a total of 55.35 square feet of sign area. There are no other changes to the PCD proposed. The Bill of Assurance for the Subdivision indicates the covenants are to run with the land and shall be binding on all parties for a period of twenty-five (25) years from the date of recording after which time said covenants shall have an automatic extension for successive periods of ten (10 years unless an instrument signed by a majority of the owners of lots in the Parkway West Addition has been August 12, 2010 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-7917-C 3 recorded, agreeing to change of said covenants in whole or part. The Bill of Assurance for this lot does not address specifics related to signage. B. EXISTING CONDITIONS: The site contains a two (2) bay commercial building with one side occupied by Verizon and the other with Arkansas Dental Health and TMJ Therapy Center. Wal-mart is located to the south with a bank located to the east. There are several restaurants in the area to the northeast, west and northwest. This site has a right in right out drive onto Chenal Parkway. Persons traveling from the west do not have direct access to the site but must turn on Westhaven Drive and access the site through the adjacent restaurant site parking lot. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from the area property owners. All property owners located within 200 feet site, all residents, who could be identified, located within 300 feet of the site and the Gibraltar Heights Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: No comment. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: Approved as submitted. Fire Department: Approved as submitted. County Planning: No comment. CATA: The site is located on CATA Bus Route #5 – the West Markham Route. August 12, 2010 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-7917-C 4 Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Ellis Mountain Planning District. The Land Use Plan shows Commercial for this property. The applicant has applied for a revised Planned Commercial Development to allow signage on the east façade of the existing building located without public street frontage. This is not a usage type issue, however each Planned Zoning District is to be reviewed on its own merits with consideration of the Land Use Plan for the site and surrounding areas. This area is covered by the Rock Creek Neighborhood Plan, but the plan does not address signage issues. Master Street Plan: Chenal Parkway is a Principal Arterial. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Chenal Parkway since it is a Principal Arterial. Bicycle Plan: There are no bike routes shown in the immediate vicinity. Landscape: Any dead, diseased or missing landscaping must be replaced and/or installed regardless of the approval of this application request. G. SUBDIVISION COMMITTEE COMMENT: (July 22, 2010) Mr. Matt Chandler was present representing the request. Staff stated there were few outstanding technical issues associated with the request. Staff stated the request was to allow a sign on the east façade of the building similar to the sign on the west façade; both located without street frontage. Staff noted there were no comments from the various reporting departments and agencies. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: There were no outstanding technical issues in need of addressing raised at the July 22, 2010, Subdivision Committee meeting. The request is to allow wall signage on the east façade of the building which is located without public street frontage. The proposed sign is 4.5 feet high and 12.3 feet wide for a total façade area of 55.25 square feet. August 12, 2010 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-7917-C 5 Staff is not supportive of the applicant’s request. The zoning ordinance does not allow wall signage without public street frontage. The site is located within the Financial Center/Chenal Parkway Design Overlay District which regulates only two (2) issues; one related to overhead utility lines and the other signage. Chenal Parkway is also a Scenic Corridor and staff feels the area should be protected. Staff feels the DOD should be protected as intended to limit the number of signs allowed along the parkway. I. STAFF RECOMMENDATION: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (AUGUST 12, 2010) Dr. Sam Beavers was present representing the request. There was one registered objector present. Staff presented the item with a recommendation of denial. Dr. Beavers stated he had moved into the eastern portion of the former Gateway Computer Store and was in awe when he requested a sign along the eastern façade of the building and was denied the request. He stated the business located on the west side of the building was allowed signage and he felt this would be the case with his business as well. He stated a number of his customers had missed the drive because they were unable to see the existing front sign until it was to late. He stated he felt for safety reasons it was important to allow signage on the east façade to allow his patients to know his location. Ms. Ruth Bell addressed the Commission in opposition of the request. She stated the League of Women Voters had long supported the Design Overlay District and the City’s sign ordinance. She stated this was a perfect example of allowing something on one side of the building the business on the other would desire the same. She stated she did not feel the sign on the east façade would be visible for persons traveling east. She stated there was a significant elevation change on the western side of the building but did not feel this was the case on the eastern side of the building. She requested the Commission adhere to the DOD and the City’s sign ordinance. Dr. Beavers stated the sign would be visible for the east. He stated the sign would be located in such a manner as to allow persons on Bowman Road and Chenal Parkway a view of the business before being in front of the building and having to turn sharply. He stated the desire for the sign was strictly for safety reasons for his customers. August 12, 2010 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-7917-C 6 There was a general discussion by the Commission concerning the signage request, how the request fit with the DOD and the City’s sign ordinance. Dr. Beavers stated Gateway Computer Stores had a sign on the wall. Staff stated they were not aware of any legally permitted signage on the eastern façade. A motion was made to approve the request. The motion failed by a vote of 3 ayes, 3 noes, 4 absent and 1 open position. August 12, 2010 ITEM NO.: 8 FILE NO.: Z-7969-B NAME: Phillips Revised Short-form PCD LOCATION: Located at 6100 Stones Road DEVELOPER: Ross Phillips 34 Vista Drive Little Rock, AR 72210 SURVEYOR: Tim Tyler Surveying 240 HWY 65 N Conway, AR 72032 AREA: 2.0 + acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: PCD ALLOWED USES: Restaurant, Single-family and C-1 uses PROPOSED ZONING: PCD PROPOSED USE: Restaurant, Single-family and C-1 uses – Add drive-thru service for breakfast hours only VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: The Little Rock Board of Directors adopted Ordinance No. 19,500 on March 21, 2006, allowing a revision to the approved PCD for 18321 Cantrell Road by expanding the PCD to the south to encompass an area containing six manufactured homes. The proposal included the construction of a deck and parking facility in the expanded area. The deck was attached to the existing restaurant with only one entrance to the restaurant. The deck was proposed as wooden construction, following the style of the existing restaurant facility. August 12, 2010 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-7969-B 2 Fencing would be placed along the southern perimeter of the parking lot to screen the adjoining residential property. Included in the request was the relocation of the six manufactured homes on the rear portion of the site. Ordinance No. 19,613 adopted by the Little Rock Board of Directors on October 17, 2006, allowed a revision to the previously approved PCD to allow an existing residential structure located on the site which was zoned R-2, Single-family to be included in the previously approved PCD area. The applicant approval allowed C-1, Neighborhood Commercial District uses as allowable uses for the site. There were no other changes proposed to the previously approved PCD. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is now proposing to add drive-through restaurant service and a storage area to the existing restaurant located at 6100 Stones Road. The applicant intends to add curbside service allowing pick-up within the existing access easement. The street was constructed to commercial street standards with the redevelopment of the site in 2006. Orders will be placed at an order menu board and then orders will be delivered to the waiting automobiles via the front entrance. The applicant has indicated an awning will be added to the front of the building extending to the access easement. The drive through service is only proposed during the breakfast hours from 6 am to 9 am Monday through Friday. Stacking for the drive-through is proposed within the existing parking lot. The adjacent restaurant is not open for breakfast service therefore the hours of the drive-through and the stacking within the parking lot will not impact the adjacent restaurant use. The bill of assurance for the subdivision does not address the issue currently before the commission. B. EXISTING CONDITIONS: The site contains a restaurant within a converted single-family structure. To the west is a second restaurant located on an adjacent lot. To the south are several manufactured homes located near the rear portion of this site owned by the applicant. There is a daycare center located further west of the site on property zoned PD-O. To the north and east of the site are several properties zoned PCD which were zoned to recognize uses which existed when the property was brought within the City’s Extraterritorial Planning Jurisdiction. Other uses in the area include, single-family homes located on large lots, a church and vacant O-3, General Office District zoned property. August 12, 2010 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-7969-B 3 C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents and property owners. Staff has received a letter of support from the Aberdeen Property Owners Association. All property owners located within 200 feet site, all residents, who could be identified, located within 300 feet of the site, the Aberdeen Court Property Owners Association, the Maywood Manor Neighborhood Association and the Coalition of West Little Rock Neighborhoods were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: No comment. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: No objection. All Central Arkansas Water requirements in effect at the time of request for water service must be met. A water main extension will be needed to provide water service to this property. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer's expense. Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. Contact Central Arkansas Water regarding the size and location of the water meter. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water August 12, 2010 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-7969-B 4 (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW's Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Approved as submitted. 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 Chenal Planning District. The Land Use Plan shows Mixed Use for this property. The applicant has applied for a rezoning to revise an existing PCD to add drive-thru service for breakfast hours only to the existing restaurant on this site. Planned Developments are required in the Mixed Use category. Each Planned Zoning District is to be reviewed on its own merits with consideration of the Land Use Plan for the site and surrounding areas. This area is not covered by a Neighborhood Plan. Master Street Plan: Cantrell Road is a Principal Arterial. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Cantrell Road since it is a Principal Arterial. Stones Road is a Local Street. The primary function of a Local Street is to provide access to adjacent properties. Local Streets which are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. These streets have a design standard the same as a Collector. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class II bike route is shown along Cantrell Road. A Class II bikeway is located on the street as either a five foot (5’) shoulder or six foot (6’) marked bike lane. Additional paving and right of way may be required. Landscape: Any dead, diseased or missing landscaping must be replaced and/or installed. August 12, 2010 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-7969-B 5 G. SUBDIVISION COMMITTEE COMMENT: (July 22, 2010) Mr. Ross Phillips was present representing the request. Staff presented an overview of the request stating the development was approved as a PCD to allow C-1 uses as allowable uses for the site. Staff stated the applicant was requesting approval to add a drive-through facility to serve breakfast. Staff stated the drive-through element was not allowed in the C-1 zoning district. Staff requested Mr. Phillips provide the location of the order menu board. Staff noted there were no additional comments related to the proposed site plan. Staff stated any dead diseased or missing landscaping would require replacement regardless of the approval of the current application request. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: Mr. Phillips provided staff with a revised site plan locating the order menu board and providing the location of the proposed covered areas. The order menu board is proposed located along the access easement within the landscaped area which will not reduce the parking available for the restaurant. The order board is proposed as a three (3) foot by five (5) foot sign for a total of fifteen (15) square feet. The applicant has not addressed the screening requirements for the order menu board. Staff recommends the menu board be constructed as required in Section 36-298 (1) (a) & (b) of the Little Rock Code of Ordinances. Section 36-298(a) states the order menu board shall be mounted so that the sound is baffled on all sides and in a manner which will direct the sound produced to the vehicle served. Section 36-298(b) states a screening wall at least six (6) feet in height and twenty (20) feet in length shall be constructed along the opposite lane line to diminish sound. The applicant may elect to locate the order menu board in a manner that the existing building serves as the screening wall. The site plan indicates the construction of a covered awning extending from the front of the building to the east. The awning is proposed to extend seventeen (17) feet from the front of the building to the east and cover the length of the building. The awning is proposed constructed of similar materials as on the existing roof of the existing restaurant building. The site plan also indicates the placement of a 12-foot by 14-foot addition to the front of the building underneath the awning for storage of supplies. The addition will be constructed of materials similar to the materials located on the existing restaurant. August 12, 2010 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-7969-B 6 The original approval allowed for C-1, Neighborhood Commercial uses as allowable uses for the site which includes a restaurant without drive-through service. The current request is to add a drive-through service. Curbside service will be used to provide pick-up within the existing private access easement. Orders will be placed at an order menu board and then orders will be delivered to the waiting automobiles via the front entrance. The drive through service is only proposed during the breakfast hours from 6 am to 9 am Monday through Friday. Stacking for the drive-through is proposed within the existing parking lot. The adjacent restaurant is not open for breakfast service therefore the hours of the drive-through and the stacking within the parking lot will not impact the adjacent restaurant use. Staff is supportive of the request. Staff does not feel the addition of the drive-through service during the breakfast hours will significantly impact the site since the stacking will take place within the existing parking areas serving this restaurant and the adjacent restaurant use. The hours of operation for the breakfast service and the adjacent restaurant use will not overlap. To staff’s knowledge there are no outstanding 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. Staff recommends the order menu board be constructed as required in Section 36-298 of the Little Rock Code of Ordinances. PLANNING COMMISSION ACTION: (AUGUST 12, 2010) The applicant 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 the order menu board be constructed as required in Section 36-298 of the Little Rock Code of Ordinances. 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 7 ayes, 0 noes, 3 absent and 1 open position. August 12, 2010 ITEM NO.: 9 FILE NO.: Z-8100-B NAME: Purvis Industries Revised Long-form PID LOCATION: Located at 8911 I-30 DEVELOPER: Purvis Industries, Ltd. P.O. Box 540767 Dallas, TX 75354-0757 SURVEYOR: Global Surveying Consultants, Inc. 217 West 2nd Street, Suite 200 Little Rock, AR 72201 AREA: 10.8 acres NUMBER OF LOTS: 5 FT. NEW STREET: 0 LF CURRENT ZONING: PID ALLOWED USES: I-2, Light Industrial Uses PROPOSED ZONING: PID PROPOSED USE: I-2, Light Industrial Uses – Create five (5) additional lots VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: The Commission was to hear a request to rezone the site from R-2, Single-family to C-4, Open Display District at their September 28, 2006, public hearing. The applicant submitted a request for withdrawal of the item prior to the public hearing. Ordinance No. 19,797 adopted by the Little Rock Board of Directors on August 6, 2007, rezoned the site from R-2, Single-family to PID to allow Purvis Industries to construct a 15,000 square foot wholesale bearing and power transmission outlet. The hours of operation were Monday through Friday, 8 am to 5 pm with minimal individual after hours and night service calls. August 12, 2010 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-8100-B 2 A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The current request is to allow a revision to the PID to allow five (5) lots to be created from this 10.8 acre site. There is currently an industrial use located on proposed Lot 1. The lots are proposed with I-2, Light Industrial uses as allowable uses for the lots. At this time there are no development plans for the newly created lots. The applicant has indicated once a development is secured a revision to the PID will be sought to review the building placement, parking areas and other items related to the site layout. Since the property is not currently located within a platted subdivision there is not a bill of assurance for this site. The bill of assurance for the new subdivision will permit the development standards as proposed. B. EXISTING CONDITIONS: The new building has been constructed on the western portion of the property with the remainder of the site remaining tree covered. There is a large drainage ditch running along the southern property line. To the east of the site is an apartment development and to the north and west of the site is the I-30 Frontage Road. South University Avenue is located further west across a Union Pacific main railroad line. To the south of the site across Cloverdale Ditch are a single- family subdivision and a City Park. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents. All owners of property located within 200-feet of the site, all residents, who could be identified located within 300-feet of the site, the Cloverdale Neighborhood Association and Southwest Little Rock United for Progress were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Review the FIRM to confirm no floodplain or floodway is located on this property. The floodway is a horizontal distance and not a vertical elevation. 2. If floodplain or floodway is shown on the property, provide the finished floor elevation of one (1) foot above the base flood elevation for each lot. 3. Development including fill is not allowed in the floodway if it exists on the property. August 12, 2010 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-8100-B 3 4. Obtain permits for development improvements within State Highway right-of- way from AHTD, District VI. 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. A water main extension will be needed to provide water service to this property. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer's expense. Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. Contact Central Arkansas Water regarding the size and location of the water meter. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW's Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Fire hydrants may be required. Contact the Little Rock Fire Department for additional information. County Planning: No comment. August 12, 2010 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-8100-B 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: This request is located in the Geyer Springs West Planning District. The Land Use Plan shows Light Industrial for this property. The applicant has applied for a rezoning to revise a previously approved PID to allow five lots to be used for I-2 Light Industrial uses. Each Planned Zoning District is to be reviewed on its own merits with consideration of the Land Use Plan for the site and surrounding areas. The applicant’s property lies in the area covered by the Cloverdale Watson Neighborhood Action Plan. The land use and zoning goal states: “Support Land Use and Zoning changes that will improve the community with minimum negative impacts.” And “Protest any plans for new businesses located in the center of residential areas.” Master Street Plan: South University Avenue is shown as Principal Arterial. This street may require dedication of right-of-way and may require street improvements. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on South University Avenue since it is a Principal Arterial. Bicycle Plan: A Class I route is shown just east of Interstate 30. It is a proposed route, and it would be built separate from the road. Additional paving and right of way may be required. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. As the individual sites are developed it will be necessary to provide a landscape plan, stamped with the seal of a registered landscape architect at the time of development. 3. An automatic irrigation system will be required to water landscape areas at the time of development. 4. The City Beautiful Commission recommends preserving as many on-site trees as feasible. Credit for saving trees six (6) inch in caliper and larger may be given. August 12, 2010 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-8100-B 5 G. SUBDIVISION COMMITTEE COMMENT: (July 22, 2010) Mr. Paxton Singleton was present representing the request. Staff presented an overview of the request stating there were few outstanding technical issues in need of addressing related to the proposed site plan. Staff noted the request was to allow the creation of additional lots and as the lots were developed a revised PID would be reviewed by the Commission which would then include building placement, parking layout and landscaping. Public Works comments were addressed. Staff requested the applicant review the FIRM to verify there was no floodplain or floodway located on the property proposed for development. Staff stated the floodway was a horizontal distance and not a vertical distance. Staff stated the finished floor elevation would be required at a minimum of one (1) foot above the base flood elevation for each of the lots. Staff stated at the time of development a registered landscape plan would be required. Staff also stated at the time of development irrigation to water landscape areas would be required. Staff stated the City Beautiful Commission encouraged the preservation of on-site streets where feasible. 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 July 22, 2010, Subdivision Committee meeting. Mr. Singleton has reviewed the FIRM and verified there is no floodplain or floodway located on the property proposed for development. A note on the site plan indicates all floor elevations will be placed at one foot above the base elevation at the time of construction. The revision to the PID is to allow five (5) lots to be created from this 10.8 acre site. The lots are proposed ranging in size from 1.345 acres to 3.064 acres. The plan indicates a 70-foot platted building line along the access road and a platted 30 foot building setback along the rear property line. The plat also indicates the placement of a 23-foot landscape buffer along the southern property line. The request is to allow I-2, Light Industrial District uses as allowable uses for the future development of the lots. There is currently an industrial use located on proposed Lot 1. At this time there are no development plans for the newly August 12, 2010 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-8100-B 6 created lots. The applicant has indicated once a development is secured a revision to the PID will be sought to review the building placement, parking areas and other items related to the site layout. To staff’s knowledge there are no outstanding issues associated with the request. Staff is supportive of the request to allow the revision to the PID to allow the creation of the additional lots as proposed. At the time of development the site plan will be reviewed to ensure compliance with the various development standards including the City’s landscape ordinance. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. PLANNING COMMISSION ACTION: (AUGUST 12, 2010) The applicant was present. There was one 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. Mr. Paxton Singleton addressed the Commission on the merits of the request. He stated the site was previously approved as a PID with two lots and the allowance of I-2 uses as allowable uses. He stated the request was to allow the creation of five (5) lots. He stated the uses would remain as I-2 uses but at the time of development the site plan would be brought back to the Commission for review of building placement, land use buffers, landscaping and parking layouts. He stated the site plan indicated a minimum land use buffer along the southern perimeter of 23-feet. He stated this was put in place to protect the neighborhood. Ms. Francis Blair addressed the Commission in opposition of the request. She stated her home was located at 6612 Azalea Drive. She stated the development was in her back door. She stated her concerns were with the removal the trees the noise and pollution from the interstate would impact her property potentially devaluing her home. She stated with the removal of the trees this would eliminate any existing buffers. There was a general discussion by the Commission with Mr. Singleton as to the development and the buffers proposed. Mr. Singleton stated the existing drainage ditch was 40 to 50 feet wide and the development was proposing a minimum buffer of 23-feet. Staff stated at the time of development a land use buffer equal to six (6) August 12, 2010 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-8100-B 7 percent of the depth of the lot would be required. Staff stated along the eastern perimeter this equated to 33-feet. Mr. Singleton stated at the time of development the Commission and the residents could review the request and determine the appropriate buffering necessary to protect the neighborhood. The Commission stated to Ms. Blair at the time of development she would have the opportunity to come back and voice her concerns or support of the development as proposed. 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 7 ayes, 0 noes, 3 absent and 1 open position. August 12, 2010 ITEM NO.: 10 FILE NO.: Z-8489-A NAME: The Gardens at Valley Falls Revised PD-R LOCATION: Located on the Southwest corner of LaMarche Drive and Taylor Loop Road DEVELOPER: HBH Builders, Inc. 68 Montagne Court Little Rock, AR 72223 ENGINEER: White Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 13.565 acres NUMBER OF LOTS: 64 FT. NEW STREET: 2,450 LF CURRENT ZONING: PD-R ALLOWED USES: Single-family – Attached and Detached PROPOSED ZONING: Revised PD-R PROPOSED USE: Reduced the front building line to 15-feet for four (4) lots BACKGROUND: Ordinance No. 20,165 adopted by the Little Rock Board of Directors on October 6, 2009, rezoned a 13.56 acre tract from R-2, Single-family to PD-R. The approval allowed the development with attached and detached single-family homes. The outer ring of the neighborhood was to consist of forty-four (44) fifty (50) foot wide lots developed with single family court homes. The inner core consisted of twenty (20) thirty-two (32) foot wide attached townhouses with access to a common eighteen (18) foot private drive on the rear. The perimeter homes were set with a 20-foot front building line. The interior homes were set with a 15-foot front building line. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is now requesting to amend the PD-R to allow the front building line for four (4) of the perimeter lots to be reduced from 20 feet to 15 feet. Lots August 12, 2010 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-8489-A 2 31-34 Block 1 are located at the northwest corner of the project and were approved with a 20-foot front building line. According to the applicant after grading of the site was completed, it was realized the additional depth for these lots was necessary and would in turn create larger back yards for future residents. The reduction to 15 feet will align with the interior lot homes located to the south. Since the property is not currently located within a platted subdivision there is not a bill of assurance for this site. The bill of assurance for the new subdivision will permit the development standards as proposed. B. EXISTING CONDITIONS: Site work has begun for the subdivision and the roadbed for LaMarche Drive is currently being installed. Site work for an adjacent single-family subdivision is also underway for a subdivision located on Forest Lane. Across Forest Lane a new elementary school is currently under construction. The southern boundary of the development is the northern boundary of Valley Falls Estates. To the north is the Maumelle Assembly of God Church. East of the site are single-family homes located on acreage accessed from Carter Lane. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from the area property owners. All property owners located within 200 feet site, all residents, who could be identified, located within 300 feet of the site and the Coalition of West Little Rock Neighborhoods were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: No comment. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. August 12, 2010 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-8489-A 3 Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Please submit plans for water facilities to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities. Approval of plans by Central Arkansas Water, the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: Place fire hydrants per code. The secondary access must maintain a minimum paving width of 20-feet. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. Parks and Recreation: No comment 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. Planning Division: This request is located in the Chenal Planning District. The Land Use Plan shows Residential Low Density for this property. The applicant has applied for a rezoning to revise a previously approved PRD for Lots 31-34 to allow the front building line to be decreased from 20-feet to 15-feet. The request does not change the density of the development. This is not a usage type issue, however each Planned Zoning District is to be reviewed on its own merits with consideration of the Land Use Plan for the site and surrounding areas. This area is not covered by a Neighborhood Action Plan. August 12, 2010 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-8489-A 4 Master Street Plan: Taylor Loop Road and La Marche Drive are both shown as Collectors. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. These streets may require dedication of right-of- way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes shown in the immediate vicinity. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (July 22, 2010) Mr. Tim Daters of White-Daters and Associates was present representing the request. Staff presented an overview of the request stating site development had begun on the subdivision and LaMarche Drive was under construction. Staff stated the current request was to allow four (4) of the lots to have a 15-foot front yard setback as opposed to the previously approved 20-foot setback. Staff stated they had concerns with allowing the setback as proposed. Staff stated the streets within the subdivision had been narrowed to a 24-foot pavement width and parking was restricted within the subdivision on the streets which had been narrowed. Staff stated with the setback as proposed the automobiles did not have sufficient area to park between the residence and the right of way resulting in the vehicles parking in the right of way. Mr. Daters stated he would work with staff to address their concerns. Staff noted there were no additional comments from the other reviewing agencies. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: There were no issues raised at the July 22, 2010, Subdivision Committee meeting raised in need of addressing related to a revised site plan. The request is to amend the current PD-R for four (4) lots within the subdivision to allow the front building setback to be reduced to fifteen (15) feet. Lots 31 - 34 Block 1 are located at the northwest corner of the project and were approved with a 20-foot front building line. The applicant has indicated due to topography concerns on these lots a lesser building line is necessary to allow for the optimum development of the lots. Staff raised concerns with the allowance of the placement of a 15-foot building line in the original comments and at the Subdivision Committee meeting. The applicant has provided to staff justification for the allowance of the reduced building line stating there will not be a sidewalk located on this side of the street and the restricted parking as required for this reduced width street will be August 12, 2010 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-8489-A 5 adjacent to the lots proposed for the revision to the building line. There will be 25-feet from the front of the house to the back of curb which allows for adequate area to park a car and not impact the street parking or the flow of traffic. Staff is now supportive of the request to allow the building line for Lots 31 - 34 Block 1 to be reduced from 20-feet to 15-feet based on the applicant’s justification. Staff concurs with the allowance of 25-feet from the back of curb to the house there will be adequate area to allow for cars to park in the driveway and not impact the street parking or flow of traffic on the street. To staff’s knowledge there are no outstanding issues associated with the request. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. PLANNING COMMISSION ACTION: (AUGUST 12, 2010) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 7 ayes, 0 noes, 3 absent and 1 open position. August 12, 2010 ITEM NO.: 11 FILE NO.: Z-8519-B NAME: The Orchards at Mabelvale Phase II Short-form PD-R LOCATION: Located at 9501 Mabelvale Pike DEVELOPER: Garth Development, LLC Robert Garth 6929 JFK Boulevard Sherwood, AR 72116-5339 ENGINEER: The Holloway Firm 200 Casey Drive Maumelle, AR 72113 CURRENT ZONING: C-3, General Commercial District ALLOWED USES: General commercial uses PROPOSED ZONING: PD-R PROPOSED USE: Elderly Housing – Age 55 years+ VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: On April 8, 2010, the Little Rock Planning Commission approved a preliminary plat titled The Orchards at Mabelvale Preliminary Plat (S-1649). The plat contained 20 acres and was approved to allow the creation of four (4) lots. Ordinance No. 20,261 adopted by the Little Rock Board of Directors on May 4, 2010, rezoned Lot 3 of the Orchards at Mabelvale from C-3, General Commercial District to PD-R. The site containing 2.705 acres and was approved for 48 units of elderly housing age restricted to 55 years plus. The building was approved with three (3) stories and a maximum height of 51 feet. A gated entrance from Richsmith Lane was approved with the site plan. August 12, 2010 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-8519-B 2 A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The current rezoning request is to rezone Lot 4 of the Orchards at Mabelvale from C-3, General Commercial District to PD-R. The site contains 2.36 acres. As with the previous approval the rezoning request is to allow the development of this area with 48 units of elderly housing in one building. The building is proposed with three (3) stories with a maximum height of 51 feet. There are 16 residential units per floor. The development is proposed with a shared gated entrance with Lot 3 from Richsmith Lane. Richsmith Lane is a new public street located along the southern boundary. Since the property is not currently located within a platted subdivision there is not a bill of assurance for this site. The bill of assurance for the new subdivision will permit the proposed use. B. EXISTING CONDITIONS: Site work has begun on the building located on Lot 3 along with grading of the proposed street. The area proposed under the current development contains a number of large trees and within the area proposed for future development there are also a number of significant trees. In the area there are a number of uses including commercial, residential and industrial type uses. To the north of the proposed plat area is a big box retailer, Home Depot. North of the site are two single-family structures and south of the site is a single-family structure. All About Tires and Brakes is located north of the site fronting Mabelvale Pike. West of the site is Arkansas Signs and Barricade located on Davmar Drive. Mabelvale Pike is a two lane road with open ditches for drainage. Street improvements have been completed on a number of properties located to the north which have redeveloped. The improvements include curb, gutter and sidewalk. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a number of phone calls requesting additional information from area residents. All property owners located within 200 feet of the site, all residents, who could be identified, located within 300 feet of the site, the Mavis Circle and the Pinedale Neighborhood Associations and Southwest Little Rock United for Progress were notified of the public hearing. August 12, 2010 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-8519-B 3 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 new proposed streets including 5-foot sidewalks with the planned development. The proposed street should be a commercial street within 60 feet of right-of-way, 36 feet of pavement and sidewalks on both sides of street. 2. A gravel turn around must be provided at the end the street with an 80-foot diameter. 3. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 4. 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. Stormwater detention ordinance applies to this property. If the pond is proposed to drain toward Mabelvale Pike sufficient detention should be provided to not overwhelm the 24-inch diameter pipe under Mabelvale Pike at time of full development. 6. Per Section 29-102 an evaluation should be conducted and provided to staff on the basis of existing downstream development and any analysis of stormwater runoff with and without the proposed development. Mabelvale Pike is flooded today at this location during a 5-year storm event. If the proposed development will increase downstream flooding conditions, a remedy should be provided. 7. If disturbed area is one (1) or more acres, obtain a NPDES stormwater permit from the Arkansas Department of Environmental Quality prior to the start of construction. 8. Streetlights are required by Section 31-403 of the Little Rock code. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting/certificate of occupancy. Contact Traffic Engineering 379-1813 (Steve Philpott) for more information. 9. 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. August 12, 2010 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-8519-B 4 E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required with easement for this project. Contact the Little Rock Wastewater Utility for additional information. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Please submit plans for water facilities to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities. Approval of plans by Central Arkansas Water, the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW's Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Fire hydrants may be required. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. Parks and Recreation: No comment received. August 12, 2010 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-8519-B 5 F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Geyer Springs West Planning District. The Land Use Plan shows Community Shopping for this property. The applicant has applied for a Planned Development Residential to allow the lot to develop with a three story residential building to contain elderly housing. This application is in conflict with the Future Land Use Plan. This area has been shown on the Plan as Community Shopping since 1997, but has not developed. The Plan shows Light Industrial on the west side of Mabelvale Pike with Residential Low Density shown further to the south. Each Planned Zoning District is to be reviewed on its own merits with consideration of the Land Use Plan for the site and surrounding areas. This area is covered by the Chicot West I-30 South Neighborhood Action Plan. Their Housing Goal states: “Encourage the development of vacant lots in existing subdivisions.” Master Street Plan: Mabelvale Pike is a Minor Arterial. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Mabelvale Pike since it is a Minor Arterial. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes shown in the immediate vicinity. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. Street buffers are required at an average of six percent (6%) of the average depth of the lot. The minimum street buffer required is 26.58 feet and in no case less than ½ or 13.29 feet. 3. An automatic irrigation system to water landscaped areas will be required. 4. Prior to the issuance of a building permit, it will be necessary to provide an approved landscape plan stamped with the seal of a Registered Landscape Architect. 5. The City Beautiful Commission recommends preserving as many on-site trees as feasible. Credit for saving trees six (6) inch in caliper and larger may be given. August 12, 2010 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-8519-B 6 G. SUBDIVISION COMMITTEE COMMENT: (July 22, 2010) Mr. Mark Redder was present representing the request. Staff presented an overview of the requesting stating there were two items on the Commission’s agenda related to the proposed development. Staff stated a preliminary plat to allow the creation of five lots within the previously identified Lot 4 (Item # 3 – File # S-1649-A) and a rezoning to PD-R to allow the development of the new Lot 4 with elderly housing. Staff stated the elderly housing would be age restricted. Staff requested on the preliminary plat a note be included concerning the proposed phasing plan. Staff requested on the elderly housing development a note be included concerning the proposed perimeter fencing and the hours of dumpster service. Public Works comments were addressed. Staff stated street construction would be required prior to the final platting of the proposed lots. Staff also stated a temporary turn-around would be required at the end of the street if the entire street was not constructed in one phases. Staff requested the applicant provide an evaluation of the existing downstream development and any analysis of stormwater runoff with and without the proposed development. Staff stated Mabelvale Pike had experienced flooding at this location in the recent past. Staff stated damage to public and private property due to the hauling of materials and construction related equipment would be the responsibility of the owner to correct. Landscaping comments related to the proposed PD-R application were discussed. Staff stated an automatic irrigation system would be required to water landscaped areas. Staff stated prior to the issuance of a building permit it would be necessary to submit a landscape plan stamped with the seal of a registered landscape architect. 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. Redder submitted a revised preliminary plat to staff addressing the issues raised at the July 22, 2010, Subdivision Committee meeting. The revised plat indicates the proposed phasing plan for the subdivision, provides a note stating a temporary turn-around will be provided for the development as the lots are final platted. A note on the proposed PRD request indicates the maximum building height, limits the hours of dumpster service to daylight hours and indicates the August 12, 2010 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-8519-B 7 residential portion of the development will be age restricted to persons 55 years plus. The request is to allow the rezoning of 2.360 acres proposed as Lot 4 of the Orchards at Mabelvale Preliminary Plat from C-3, General Commercial District to PD-R. The approval will allow development of the property with a three (3) story building 51 feet in height. The building coverage is proposed at 21.7 percent and the floor area is proposed with 22,314 square feet. The development will contain a total of 48 units of elderly housing with 16 units per floor. The development is age restricted to persons 55 years+ living on the site. The development is proposed with a gated entrance on Richsmith Lane using a shared driveway located on Lot 3. The drive is proposed as a 65-foot common access easement shared with Lot 4. The access drive is proposed with two (2) lanes 22-feet in width to allow adequate access to the site for emergency services should one of the drives become blocked. The site plan indicates the placement of the dumpster facilities along Richsmith Lane. A note on the site plan indicates the dumpsters will be screened per the typically ordinance standards. Staff recommends since the dumpsters are located along the street side the screening fence or wall be constructed of material to blend with the development and additional landscaping be placed around the dumpster enclosure area to soften the visual impact. The site is proposed for development with elderly housing as defined by the Federal Register. The City of Little Rock’s Zoning Ordinance defines Housing, elderly as three (3) or more dwelling units specifically designed and intended for occupancy by the elderly. This use typically provides ancillary services on-site, such as transportation, recreation, and common dining facilities. Density of development shall be the measure of private sleeping accommodations or beds. In no instance shall the unit density per acre exceed that provided in the R-5 district. The development is not proposed to provide ancillary services on-site such as transportation or a common dining facility. As per the City’s zoning ordinance parking requirements for elderly housing is based on 0.5 parking spaces per unit. The development is proposed with 48 units requiring a total 24 parking spaces to serve the development. The site plan indicates the placement of 64 parking spaces to serve the site. Since the site will not provide ancillary services staff feels it more appropriate to provide additional parking than typically required for an elderly housing development. The development is proposed with a six (6) foot tall decorative iron fence along the new street. Fencing along the remaining perimeters will be constructed of August 12, 2010 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-8519-B 8 wood, brick, masonry or decorative iron. The perimeter fence will be a maximum of eight (8) feet in height. Staff is supportive of the request. To staff’s knowledge there are no outstanding technical issues in need of addressing associated with the request. The development is proposed as elderly housing, age 55+, at a density of 20.33 units per acre. The property is presently zoned C-3, General Commercial District which allows for multi-family per the R-5 zoning district which allows for up to 36 units per acre. The request includes the allowance of a building height of 51 feet. Within the C-3, General Commercial Zoning District the typical maximum building height allowed is 35 feet. The property in the area is zoned commercially and the property to the north has developed with a big box retailer. Staff does not feel the placement of the structure as proposed to be used, as elderly housing 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 the dumpster located along the street side be enclosed with a screening fence or wall constructed of material to blend with the development and additional landscaping be placed around the dumpster enclosure area to soften the visual impact. PLANNING COMMISSION ACTION: (AUGUST 12, 2010) 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 also presented a recommendation the dumpster located along the street side be enclosed with a screening fence or wall constructed of material to blend with the development and additional landscaping be placed around the dumpster enclosure area to soften the visual impact. 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 7 ayes, 0 noes, 3 absent and 1 open position. August 12, 2010 ITEM NO.: 12 FILE NO.: Z-8559-A NAME: Chenal South Blocks 3 through 7 Long-form PD-R LOCATION: Located on the Southwest corner of Denny Road and Gordon Road DEVELOPER: Deltic Timber Corporation 7 Chenal Club Little Rock, AR 72223 ENGINEER: White-Daters and Associates #24 Rahling Circle Little Rock, AR 72223 AREA: 43.41 acres NUMBER OF LOTS: 184 FT. NEW STREET: 6,705 LF CURRENT ZONING: R-2, Single-family ALLOWED USES: Single-family residential – 7,000 square foot lots PROPOSED ZONING: PD-R PROPOSED USE: Single-family residential – Average 5,750 square foot lots VARIANCES/WAIVERS REQUESTED: 1. A variance from the Land Alteration Ordinance to allow grading of future phases with the development of the first phase. 2. A variance from the Master Street plan to allow an increased curb radius. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The request is a rezoning of 43.41 acres into 184 single-family residential lots. The lots are proposed with an average lot size of 50-feet by 115-feet. The lots are indicated with a 20-foot front and rear setback and five (5) foot side yard setbacks. The subdivision is proposed with a mix of front and rear loaded garages with the rear loaded garages being served by alley access. The homes are proposed with a two (2) car garage with the heated and cooled space ranging in size from 1,400 square feet to 2,000 square feet. The fronts and sides of the August 12, 2010 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-8559-A 2 homes will be constructed with brick, stone or EFIS. The roof pitch will be an 8:12 minimum covered with architectural shingles. The development is proposed with four (4) phases. The request includes a variance from the Land Alteration Ordinance to allow the grading of future phases with the development of the first phase. The request also includes a variance to allow a 50-foot curve radius at centerline. The development will include the placement of pedestrian paths within the open space areas to connect the subdivision with the subdivision to the east (Item H. File No. Z-8559). The applicant has indicated sidewalks will be placed on the public streets where the average daily traffic count is expected to exceed four hundred (400) automobiles per day. The street is proposed constructed with 26-feet of pavement within a 45-foot right of way to meet the street standard for a minor residential street. Traffic calming devices including raised pedestrian tables will be installed within the subdivision on long straight streets. Since the property is not currently located within a platted subdivision there is not a bill of assurance for this site. The bill of assurance for the new subdivision will permit the development standards as proposed. B. EXISTING CONDITIONS: The site is heavily wooded as is the property to the east and west. There is an overhead power line located along the eastern boundary of the development. The property to the west is zoned POD and has developed as Wildwood Performing Arts Center. East of the site is property proposed for development in a similar manner as a separate item on this agenda (Item H File No. Z-8559). The property further east is zoned R-2, with a CUP for Pulaski Academy, a private school. The area contains the schools ball fields. North of the site is undeveloped property zoned R-2, Single-family. Parking and paved walkways have been installed within a portion of this area to serve the adjacent Wildwood Performing Arts Center. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a few informational phone calls from area residents. All property owners located within 200-feet of the site, all residents, who could be identified, located within 300-feet of the site and the Coalition of West Little Rock Neighborhoods were notified of the public hearing. August 12, 2010 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-8559-A 3 D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Denny Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45-feet from centerline will be required. 2. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvements to the street including 5-foot sidewalks with the planned development. Staff has agreed to work with applicant on a special street design for Denny Road. 3. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). 4. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 5. Provide a Sketch Grading and Drainage Plan per Section 29-186 (e) showing stormwater inlets, underground piping, diversion ditches and the detention facility. 6. Stormwater detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. 7. If disturbed area is one (1) or more acres, obtain a NPDES stormwater permit from the Arkansas Department of Environmental Quality prior to the start of construction. 8. Street improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to 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. Per the Master Street Plan, staff believes Melicourt Loop is a residential street and sidewalks with appropriate handicap ramps are required to be installed in accordance with Section 31-175 of the Little Rock Code. Sidewalks should be located on the inside of the loop to not cross driveway aprons. 11. Per the Master Street Plan, staff believes Melicourt Loop meets the definition of a residential street with a required right-of-way width of 50-feet. August 12, 2010 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-8559-A 4 12. Vegetation must be established on disturbed area within 21-days of completion of harvest activities. 13. Erosion controls must be installed to reduce discharge of polluted stormwater. 14. Damage to public and private property due to hauling operations or operation of construction related equipment from a nearby construction site shall be repaired by the responsible party prior to issuance of a certificate of occupancy. 15. Provide a letter prepared by a registered engineer certifying the sight distance at the intersections comply with 2004 AASHTO Green Book standards. 16. Traffic calming devices are required for long straight streets to discourage speeding. Traffic circles, round-abouts, lane narrowing medians or pedestrian tables are suggested at regular intervals and at main intersections. Contact Travis Herbner, Traffic Engineering at 379-1805 for additional information. 17. Alteration of the water course will require approval from the Little Rock District of the US Army Corps of Engineers prior to start of work. 18. The medians of Melicourt Boulevard should be moved to approximately 15 to 20 feet from the right-of-way line. 19. 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. 20. The bill of assurance should provide for all garbage receptacles to be placed on one (1) side of alleys and parking not allowed if City collection services are desired. 21. The street name Mariol Cove cannot be used in the proposed location. The name could be changed to Melicourt Cove. 22. All alley radiuses must be designed to allow garbage collection trucks to make required turn movements. The radius at the intersection east of Melicourt Drive should be increased. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension and pump station required with easements for this project. Approval from the Little Rock Sanitary Sewer Committee is required before Little Rock Wastewater Utility will grant approval to tie to the existing Little Rock Wastewater System. Contact Little Rock Wastewater Utility for additional information. August 12, 2010 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-8559-A 5 Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. A water main extension will be needed to provide water service to this property. A CIC main charge will apply to all connections off of the 12-inch main in Denny Road. Please submit plans for water facilities to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities. Approval of plans by Central Arkansas Water, the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. A 39-inch raw water line crosses this site within a 50-foot wide waterline easement on south end of the property. Care must be taken to protect these water lines and any appurtenances, such as access and air release vaults, or monumentation which may be in the area. No signs, light poles, dumpster pads or other structures on foundations will be allowed within the existing 50-foot waterline easement. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. Parks and Recreation: No comment 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 August 12, 2010 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-8559-A 6 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. Planning Division: This request is located in the Burlingame Valley Planning District. The Land Use Plan shows Residential Low Density for this property. The applicant has applied for a rezoning to Planned Development-Residential to allow development of 184 garden style lots. The density of this proposed development is compatible with the Future Land Use Plan. This area is not covered by a City of Little Rock recognized Neighborhood Plan. Master Street Plan: Denny Road is a Minor Arterial. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Denny Road since it is a Minor Arterial. Gordon Road is a Collector. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class III is shown on Denny Road. A Class III bikeway is a signed route on a street shared with traffic. No additional paving or right-of-way is required. Class III bicycle route signage may be required. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (July 22, 2010) Mr. Tim Daters and Mr. Tom Russell were present at the Subdivision Committee meeting to discuss the item. Staff stated the original submission was for a 70 acre parcel containing 249 lots. Staff stated the applicant amended the request to provide two applications Item H – File No. Z-8559 and Item 12 – File No. Z-8559-A. Staff stated the primary difference between the two (2) current requests and the original submission was the removal of the power line easement located midway in the development. Staff stated Item H – File No. Z-8559 contained a total of 16.32 acres and a total of 67 lots and Item 12 – File No. Z-8559-A contained 43.41 acres and 184 lots. Staff stated the two (2) projects contained 59.73 acres and 251 lots. August 12, 2010 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-8559-A 7 Staff stated the Planning Staff concerns were similar on both application requests. Staff requested Mr. Daters provide the elements typically contained within the bill of assurance including construction materials, building heights, minimum square footages of the homes, the allowance of accessory buildings and structures, the minimum roof pitch of the homes and details of perimeter and interior fences. Public Works comments were addressed. Staff stated dedication of right of way was required along Denny Road for both projects for a total of 45-feet from centerline. Staff stated boundary street ordinance requirements would be required adjacent to the proposed development. There was a general discussion by the Committee members, staff and Mr. Daters concerning the need for curb, gutter and sidewalk on Denny Road adjacent to this site. Mr. Daters stated the developer desired to construct sidewalk along Denny Road including sidewalk off-site to provide access from this subdivision to the nearby elementary school. Mr. Daters stated the developer would determine the cost of the required improvements and provide the walks and with any additional funds add additional paving along the frontage of the subdivision to Denny Road. He stated the paving would not be the full width but an additional eight (8) to ten (10) feet of paving would be added. Staff questioned the grading plan as proposed. Mr. Daters stated for Item H – File No. Z-8559 or Blocks 1 and 2 the request was to advance grade both phases at the time of development of the first phase. Mr. Daters stated there were varying degrees of cut and fill within this portion of the subdivision and the advanced grading would allow for balancing of the site. Mr. Daters stated within his request for Blocks 3 – 7 there were fill areas up to 30 feet deep. He stated there were a number of drainage areas which would be rerouted within this portion of the proposed subdivision. Staff requested a sketch grading and drainage plan for both Blocks 1 and 2 and Blocks 3 through 7. There was a general discussion concerning the street width proposed within Blocks 3 – 7. Staff stated they felt Melicourt Loop was a residential street which would require a 50-foot right of way and sidewalks along the street on one side. Staff stated the sidewalks should be placed on the inside of the loop where there were no driveways proposed. Mr. Daters stated the street would function as a minor residential street and the number of vehicles on the street would be less than the 400 vehicles per day allowed per the Master Street Plan. Mr. Daters questioned if the lot layout and street design were redesigned to allow for Melicourt Boulevard and Melicourt Drive to function as a loop street would staff then support the minor residential street standard for this section of the street. Staff stated if the street design met the definition of a loop street per the Master Street Plan staff would support the request. August 12, 2010 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-8559-A 8 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 July 22, 2010, Subdivision Committee meeting. The revised plan indicates accessory structures and interior fencing will be allowed as typically allowed in the R-2, Single-family zoning district. The development is proposed with a mix of sidewalks and alternative pedestrian paths. Sidewalks will be placed at the entrance to the subdivision and in areas where the streets are expected to carry traffic volumes in excess of 400 vehicles per day. The alternative pedestrian paths will be constructed of an all weather surface. Traffic calming devices such as traffic circles, round-a-bouts and narrowing of the lanes will be placed on the streets which have long straight a-ways to slow traffic within the subdivision. A 20-foot wide gravel pedestrian path and emergency access has been indicated on the plat to allow access from Blocks 1 and 2 to Blocks 3 – 7. The development is proposed with 184 lots of detached single-family housing contained within 43.41 acres. The lots are proposed with a mix of front loaded and rear loaded garages. The lots average 50-feet by 115-feet with an average lot size of 5,750 square feet. The development is proposed with an overall density of 4.23 units per acre. Of the 43.41 acres 24.9 percent or 10.82 acres is proposed as common open space. The development is proposed with 20-foot front and rear yard setbacks and five (5) foot side yard setbacks. The maximum building height is proposed as typically allowed in the R-2, Single-family Zoning District. The site plan indicates the placement of a subdivision sign located near the entrance along Denny Road. The sign is proposed to not exceed eight (8) feet in height and one hundred (100) square feet of sign area. The applicant has indicated the sign area indicated does not include other ornamental attachments or inner connecting links which may be a part of the main supports of the sign. The perimeter fence is proposed eight (8) feet in height with columns extending up to ten (10) feet in height. The internal streets are proposed as minor residential streets per the Master Street Plan. The Master Street Plan allows residential subdivisions where the maximum number of lots on a loop street does not exceed 80 lots and is not expected to exceed 400 vehicle trips per day to reduce the right of way width to 45-feet and no sidewalk is required. The paving width may be reduced to 24-feet August 12, 2010 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-8559-A 9 but parking is restricted to one side of the street. The paving width must be 26-feet to avoid parking restrictions. The street is proposed with a 45-foot right of way and 26-feet of pavement without sidewalk in areas where the traffic counts are not expected to exceed 400 vehicles per day. The developer has indicated alternative improvements to Denny Road are being requested. The developer is requesting the allowance of placing sidewalks from the eastern boundary of Blocks 1 and 2 extending to the west, including off-site sidewalk construction, to the new elementary school. The developer is working with staff to determine the cost of the required boundary street improvements for each of the two items (Z-8559 and Z-8559-A) and the cost of construction of the walks as proposed. Additional paving will be added to Denny Road adjacent to each of the two items (Z-8559 and Z-8559-A) in addition to paving adjacent to the power line easement which bisects the two application requests. The developer has indicated should staff and the developer not be able to reach an agreement related to the sidewalk construction and additional improvements adjacent to Denny Road then street improvements to Denny Road will be completed per the boundary street ordinance requirements only adjacent to the proposed plats. The request includes the allowance of advanced grading for the entire 43.41acres with the Phase I construction. The applicant has indicated this will allow the development to balance, eliminating the need for hauling of cuts off site only to create the need to bring material back in during a later phase. Buffers will be maintained around the site perimeter to comply with the Land Alteration Ordinance. The development is proposed in four (4) phases and will be developed as the market demands. To staff’s knowledge there are no outstanding issues associated with the request. Staff is in support of the request. The property is zoned R-2, Single- family and is indicated on the City’s Future Land Use Plan as Residential Low Intensity. This classification allows for the development of single-family homes at a density not to exceed six (6) dwelling units per acre. The subdivision is proposed with an overall density of 4.23 units per acre. Staff feels the development of the subdivision as proposed should have minimal impact on the area. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends approval of the variance request to allow advanced grading of Block 2 with the development of Block 1. August 12, 2010 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-8559-A 10 Staff recommends approval of the variance request from the Master Street Plan to allow an increased curb radius. Staff’s recommendation regarding the street improvement proposal is pending and will be presented at the public hearing. PLANNING COMMISSION ACTION: (AUGUST 12, 2010) The applicant was present. There were registered objectors present. The Chair explained that the Commission’s practice had been to offer the applicant a deferral of their item to a later meeting when eight (8) or fewer Commissioners were present. He stated to move an item forward with a positive recommendation the applicant had to secure six (6) positive votes regardless of the number of Commissioners present. The Chair questioned the applicant as to their desire for a deferral or if the wished to move the item forward. The applicant requested a deferral of the item to the September 23, 2010, public hearing. A motion was made to defer the item to the September 23, 2010, public hearing. The motion carried by a vote of 7 ayes, 0 noes, 3 absent and 1 open position. August 12, 2010 ITEM NO.: 13 FILE NO.: Z-8573 NAME: Wilson Short-form PD-R LOCATION: Located at 66 – 70 Avignon Court DEVELOPER: Robert M. Wilson, Jr. c/o Stephen R. Giles, PA 425 West Capitol Avenue, Suite 3200 Little Rock, AR 72201 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 0.75 acres NUMBER OF LOTS: 3 – 1 zoning lot FT. NEW STREET: 0 LF CURRENT ZONING: MF-6 ALLOWED USES: Residential – 6 units per acre PROPOSED ZONING: PD-R PROPOSED USE: Allow to existing homes to be connected via a covered heated and cooled walkup with both structures retaining full kitchens thus per the zoning ordinance creating a duplex VARIANCES/WAIVERS REQUESTED: None requested. The applicant submitted a request dated July 29, 2010, requesting a deferral of this item to the September 23, 2010, public hearing. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (AUGUST 12, 2010) Mr. Stephen Giles was present representing the request. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated July 29, 2010, requesting a deferral of this item to the September 23, 2010, public hearing. Staff stated they were supportive of the deferral request. August 12, 2010 SUBDIVISION ITEM NO.: 13 (Cont.) FILE NO.: Z-8573 2 There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 7 ayes, 0 noes, 3 absent and 1 open position. August 12, 2010 ITEM NO.: 14 FILE NO.: Z-8574 NAME: Buntaine Short-form PD-R LOCATION: Located at 303 Rosetta Street DEVELOPER: Rolfe Buntaine 1201 Kavanaugh Boulevard Little Rock, AR 72205 SURVEYOR: BTE – Blaylock Threet Engineers, Inc. 1501 Market Street Little Rock, AR 72211 AREA: 0.16 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: R-3, Single-family ALLOWED USES: Single-family PROPOSED ZONING: PD-R PROPOSED USE: Triplex VARIANCES/WAIVERS REQUESTED: None requested. The applicant failed to notify property owners as required by the Planning Commission’s By-laws. Staff recommends this item be deferred to the September 23, 2010, public hearing. PLANNING COMMISSION ACTION: (AUGUST 12, 2010) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had failed to notify property owners as required by the Planning Commission’s By-laws. Staff presented a recommendation of deferred of the item to the September 23, 2010, public hearing. August 12, 2010 SUBDIVISION ITEM NO.: 14 (Cont.) FILE NO.: Z-8574 2 There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 7 ayes, 0 noes, 3 absent and 1 open position. August 12, 2010 ITEM NO.: 15 Name: River Market Design Overlay District Revision (Sec. 36-359 Streetlights and furnishings) Location: An area generally bounded by Riverfront Park, Interstate 30, Second Street, and Cumberland Street Request: A revision of the River Market Design Overlay District concerning newspaper and publication boxes Source: Staff, River Market Ordinance Review committee, and River Market Design Review Committee STAFF RECOMMENDATION: Staff recommends deferral of this item to the September 23, 2010 agenda. PLANNING COMMISSION ACTION: (AUGUST 12, 2010) The item was placed on consent agenda for deferral to the September 23, 2010 Planning Commission Hearing. By a vote of 7 for and 0 against the consent agenda was approved. 0 a W w w 0 z a cn U) 0 CL�.J�.r�� i i A3 A V W :t C� a .: w Ed P. r■ a W ■s Y, 11 v� C� a .: w Ed P. r■ a W ■s August 12, 2010 There being no further business before the Commission, the meeting was adjourned at 5:30 r).m. qu-3 //� Pate u2L;j - Ch ' Secretary'