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pc_09 23 2010sub LITTLE ROCK PLANNING COMMISSION SUBDIVISION HEARING SUMMARY AND MINUTE RECORD SEPTEMBER 23, 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: Marcus Devine Dan Harpool Troy Laha Obray Nunnley, Jr. Bill Rector Billy Rouse Jeff Yates Members Absent: Tom Brock “Goose” W. Changose J. T. Ferstl Open Position City Attorney: Cindy Dawson III. Approval of the Minutes of the August 12, 2010 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION SUBDIVISION AGENDA SEPTEMBER 23, 2010 OLD BUSINESS: Item Number: File Number: Title: A. LA-0032 Woodlands Trail Land Alteration Variance Request, located on the Southwest corner of Kanis Road along Woodlands Trail. B. Z-8573 Wilson Short-form PD-R, located at 66 – 70 Avignon Court. C. Z-8574 Buntaine Short-form PD-R, located at 303 Rosetta Street. D. Z-8559 Chenal South Blocks 1 and 2 Long-form PD-R, located on the Southwest corner of Denny Road and Gordon Road. E. Z-8559-A Chenal South Blocks 3 and 7 Long-form PD-R, located on the Southwest corner of Denny Road and Gordon Road. F. Z-8556 Red’s Towing Inc. Short-form PD-C and Right of Way Abandonment for West 24th Street, located at 2227-2229 Wilson Road. G. A Revision of the River Market Design Overlay District (Sec. 36-359 Streetlights and furnishings.) NEW BUSINESS: I. PRELIMINARY PLAT: Item Number: File Number: Title: 1. S-1313-AA Woodlands Edge Phases 14 – 17 Preliminary Plat, located South and East of Cooper Orbit Road. Agenda, Page Two II. SITE PLAN REVIEW: Item Number: File Number: Title: 2. S-185-DD CHS Bulk Products Handling Subdivision Site Plan Review, located at 9001 Lindsey Road. III. PLANNED DEVELOPMENTS: Item Number: File Number: Title: 3. Z-4763-A Briarwood Nursing Home Short-form PD-R and Easement Abandonment for an easement located along the common lot lines of Lot 1 Briarwood Nursing Home Subdivision and Lot 1 Parham View Addition, located at 516 South Rodney Parham Road. 4. Z-4953-C Park Avenue Revised Long-form PCD, located on the Northwest corner of St. Vincent Circle and South University Avenue. 5. Z-5442-E Mitchell Elementary School Revised Short-form PCD, located on the Southwest corner of 24th and Battery Streets. 6. Z-7008-C Kanis Office Park Revised Short-form POD, located at 18425 Kanis Road. 7. Z-8585 National Property Holdings Short-form PID, located at 1608 Nichols Street. 8. Z-8586 Evans Short-form PCD, located at 19012 Colonel Glenn Road. 9. Z-8587 AAA Lock and Key Service Short-form PCD, located at 5621 Young Road. 10. Z-8588 Hilaro Springs Properties Short-form PCD and Right of Way Abandonment for Williams Street, located at 9200 – 9312 Hilaro Springs Road. 11. Z-8589 Lei Short-form POD, located at 2019 Watt Street. Agenda, Page Three IV. OTHER BUSINESS: Item Number: File Number: Title: 12. Z-7919-B JAAPB, LLC Marina-Condo Project PCD Time Extension, located North of 3rd Street and East of Bond Street. 13. Z-3419-E A Cut Above Revised Short-form PCD, located at 302 North Shackleford Road. September 23, 2010 ITEM NO.: A 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. September 23, 2010 SUBDIVISION ITEM NO.: A (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 September 23, 2010 SUBDIVISION ITEM NO.: A (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. September 23, 2010 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: LA-0032 4 STAFF UPDATE: The applicant submitted a request dated September 9, 2010, requesting withdrawal of this item without prejudice. Staff is supportive of the withdrawal request. PLANNING COMMISSION ACTION: (SEPTEMBER 23, 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 September 9, 2010, requesting withdrawal of this item without prejudice. Staff stated they were supportive of the request. There was no further discussion of the item. The chair entertained a motion of approval of the item on the consent agenda as presented by staff. The motion carried by a vote of 7 ayes, 0 noes, 3 absent and 1 open position. September 23, 2010 ITEM NO.: B 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. September 23, 2010 SUBDIVISION ITEM NO.: B (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. STAFF UPDATE: The applicant submitted a request dated September 10, 2010, requesting a deferral of this item to the November 4, 2010, public hearing. Staff is supportive of the deferral. PLANNING COMMISSION ACTION: (SEPTEMBER 23, 2010) Mr. Steve Giles was present representing the request. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated September 10, 2010, requesting a deferral of this item to the November 4, 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 of approval of the item on the consent agenda as presented by staff. The motion carried by a vote of 7 ayes, 0 noes, 3 absent and 1 open position. September 23, 2010 ITEM NO.: C 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: Existing duplex PROPOSED ZONING: PD-R PROPOSED USE: Triplex VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The property located at 303 Rosetta is currently a duplex unit with both units located on the first floor. The applicant is requesting a rezoning to PD-R to allow the top floor to be finished as a studio apartment. The site contains an existing paved drive located along the northern property line and a paved parking pad within the rear yard area for two (2) cars. The parking pad is accessed via a gravel drive across the property located to the north. B. EXISTING CONDITIONS: The property is zoned R-3, Single-family and is currently a duplex unit. Within the general area there are a number of duplex and triplex units. There is a paved drive extending from West 3rd Street to the rear parking pad. It appears the drive September 23, 2010 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-8574 2 has been constructed encroaching onto the adjacent property. Across from the site is a property zoned R-4 which appears to be multiple units. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area property owners. A few have indicated opposition to the request. A few have indicated support of the request. All property owners located within 200 feet site, all residents, who could be identified, located within 300 feet of the site and the Capitol View Stifft Station Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. A platted alley and/or platted access easement is not shown on the east side of Lots 23 and 24 of C.S. Stifft's Addition to access the concrete parking area on Lot 23. 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: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZA) 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: Approved as submitted. September 23, 2010 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-8574 3 County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. Parks and Recreation: No comment. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the I-630 Planning District. The Land Use Plan shows Residential Low Density for this property. The applicant has applied for a rezoning to PRD to allow the conversion of an existing duplex into a triplex. Residential Low Density is meant for single family homes and triplex homes may be seen as too dense for this land use classification. 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 Capitol View Stifft Station Neighborhood Plan. Their Community Preservation Goal states: “Enact a 'No Net Loss' policy in the neighborhood, that is no net loss of housing units due to changes in land use, etc.” Master Street Plan: Rosetta Street is a Local Street. The primary function of a Local Street is to provide access to adjacent properties. Local Streets which are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. These streets have a design standard the same as a Collector. Bicycle Plan: There are no bike routes shown in the immediate vicinity. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. Screening of parking areas will be required with the development of the site. G. SUBDIVISION COMMITTEE COMMENT: (July 22, 2010) The applicant was not present. Staff presented the item stating they had contacted the applicant concerning the issues which had been raised during the review process. Staff stated the applicant was working with an abstract company to verify if there was a platted alley located on the rear of the lots. Staff stated if September 23, 2010 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-8574 4 the access issue was resolved then the applicant would add additional paving within the rear yard area to provide three parking spaces and a fourth was located in the front yard area. Staff stated the additional paving would allow the development to meet the typical parking required by the zoning ordinance. 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 in need of addressing via a revised site plan. The applicant has provided staff with a determination from the abstract company which indicated there was not an alley platted with the original subdivision abutting these lots. There are two of the lots located in the area which have excepted five (5) feet from the rear of their property. Lot 24 located to the north of this lot and Lot 21 which is located to the southeast of this lot. Residents have been using a graveled drive extending from West 3rd Street to take access to the rear parking area for this property which appears to be located outside the five (5) foot exception on the western lot. The site is proposed as a triplex unit with access to three (3) parking spaces in the rear yard and the drive located on Rosetta to serve as a fourth parking space. Based on the typical parking required for a multi-family development containing three (3) units four (4) spaces would be required. The applicant has provided staff with an agreement from the property owner to the east allowing residents to drive across her property to access the rear parking area. The drive is graveled and is 12-feet in width. The applicant has not provided staff with an easement which will follow the property to provide proper access continuously. Staff does not support the application as filed. Staff has concerns with the rear parking area being provided proper access. The drive as indicated is inadequate to serve the site as typically required for City services. Within areas of the City which have platted alleys the alley is usually platted with a minimum width of eighteen (18) feet and in new areas a minimum width of twenty (20) feet is required. Staff cannot support the request without proper access to the rear yard area which is providing the parking required to serve the units. I. STAFF RECOMMENDATION: Staff recommends denial of the request as filed. September 23, 2010 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-8574 5 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. 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. PLANNING COMMISSION ACTION: (SEPTEMBER 23, 2010) Mr. Routh Buntaine was present representing the request. There was one registered objector present. Staff presented the item with a recommendation of denial. Staff stated the applicant did not have legal access to the parking area in the rear yard area proposed to serve the units. Mr. Buntaine addressed the Commission on the merits of his request. He stated he had permission from the property owner to the east to allow access across her property. He stated the area was not in an easement but people had been using the access for a number of years. He stated the rear parking area contained two (2) spaces and were used by the residents in the rear unit. He stated the City did not maintain the area but there were utilities located in the area. Ms. Lee Cowan addressed the Commission in opposition of the request. She stated the area behind her house was not an easement according to the City. She stated the area was overgrown and she had called the City to request the area be maintained. She stated the City had told her the clearing of this area was not the City’s responsibility because the area was not an alley. She stated she had three concerns. She stated the first concern was parking. She stated currently there were cars parked in the street from the multi-family development across the street. She stated the addition of one more unit could create additional street parking needs. She stated her second concern was dogs. She stated the current residents had three to four dogs and the addition of one more unit could create additional dogs. She stated this could cause a problem in the neighborhood by barking. She stated her third concern was the possibility of a bad neighbor. She stated the current neighbors were very pleasant but the addition of a third unit created the potential for a bad neighbor. September 23, 2010 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-8574 6 Mr. Buntaine stated he screened his residents very closely. He stated the current residents had lived in the units for more than two (2) years. He stated the upstairs unit would not be allowed pets. He stated the current duplex allowed for fenced yard areas for the front and rear units which allowed a yard area for each unit for their pets. He stated there would not be a problem with parking. He stated the upstairs unit would be accessed from the alley and would not park in the front. There was a general discussion by the Commission concerning the current access and the lack of an easement to provide proper parking. Mr. Buntaine stated he had an agreement from the adjacent property owner indicating his residents had the right to drive across her property for access. The Commission indicated this was not adequate. Cindy Dawson, the Deputy City Attorney, stated an easement was required to allow for continued access. She stated an agreement could be rescinded at will but a properly recorded easement could not. Mr. Buntaine requested a deferral of the item to allow time to visit with an attorney and surveyor to determine the best means of access to the parking area. There was no further discussion of the item. The chair entertained a motion for deferral of the item to the November 4, 2010, public hearing. The motion carried by a vote of 7 ayes, 0 noes, 3 absent and 1 open position. September 23, 2010 ITEM NO.: D 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 September 23, 2010 SUBDIVISION ITEM NO.: D (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. September 23, 2010 SUBDIVISION ITEM NO.: D (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. September 23, 2010 SUBDIVISION ITEM NO.: D (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 September 23, 2010 SUBDIVISION ITEM NO.: D (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. September 23, 2010 SUBDIVISION ITEM NO.: D (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 September 23, 2010 SUBDIVISION ITEM NO.: D (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. September 23, 2010 SUBDIVISION ITEM NO.: D (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. September 23, 2010 SUBDIVISION ITEM NO.: D (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. September 23, 2010 SUBDIVISION ITEM NO.: D (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. STAFF UPDATE: The only modification to the application request since the previous staff write-up and analysis is the applicant has indicated street construction adjacent to this development will be completed per the Master Street Plan. Staff is supportive of the applicant’s proposed street improvement plan which is consistent with the Subdivision Ordinance requirements and the Boundary Street Ordinance requirements. Staff is in support of the request to allow the development of this single-family subdivision. 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 which is consistent with the Future Land Use Plan should have minimal impact on the area. 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. September 23, 2010 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: Z-8559 11 PLANNING COMMISSION ACTION: (SEPTEMBER 23, 2010) Mr. Tim Daters of White-Daters and Associates was present representing the request. There were no registered objectors present. Staff presented a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff also presented a recommendation of approval of the variance request from the Land Alteration Ordinance to allow grading of Phase II with the development of Phase I. Staff presented a recommendation of approval of the variance request from the Master Street Plan to allow an increased curb radius. There was no further discussion of the item. The chair entertained a motion of approval of the item on the consent agenda as presented by staff. The motion carried by a vote of 7 ayes, 0 noes, 3 absent and 1 open position. September 23, 2010 ITEM NO.: E 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 September 23, 2010 SUBDIVISION ITEM NO.: E (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. September 23, 2010 SUBDIVISION ITEM NO.: E (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. September 23, 2010 SUBDIVISION ITEM NO.: E (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. September 23, 2010 SUBDIVISION ITEM NO.: E (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 September 23, 2010 SUBDIVISION ITEM NO.: E (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. September 23, 2010 SUBDIVISION ITEM NO.: E (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. September 23, 2010 SUBDIVISION ITEM NO.: E (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 September 23, 2010 SUBDIVISION ITEM NO.: E (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. September 23, 2010 SUBDIVISION ITEM NO.: E (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. STAFF UPDATE: The only modification to the application request since the previous staff write-up and analysis is the applicant has indicated street construction adjacent to this development will be completed per the Master Street Plan. Staff is supportive of the applicant’s proposed street improvement plan which is consistent with the Subdivision Ordinance requirements and the Boundary Street Ordinance requirements. Staff is in support of the request to allow the development of this single-family subdivision. 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 which is consistent with the Future Land Use Plan should have minimal impact on the area. 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 the entire area with the Phase I construction. September 23, 2010 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: Z-8559-A 11 Staff recommends approval of the variance request from the Master Street Plan to allow an increased curb radius. PLANNING COMMISSION ACTION: (SEPTEMBER 23, 2010) Mr. Tim Daters of White-Daters and Associates was present representing the request. There were no registered objectors present. Staff presented a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff also presented a recommendation of approval of the variance request from the Land Alteration Ordinance to allow grading of future phases with the development of Phase I. Staff presented a recommendation of approval of the variance request from the Master Street Plan to allow an increased curb radius. There was no further discussion of the item. The chair entertained a motion of approval of the item on the consent agenda as presented by staff. The motion carried by a vote of 7 ayes, 0 noes, 3 absent and 1 open position. September 23, 2010 ITEM NO.: F 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 September 23, 2010 SUDIVISION ITEM NO.: F (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 September 23, 2010 SUDIVISION ITEM NO.: F (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 September 23, 2010 SUDIVISION ITEM NO.: F (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. September 23, 2010 SUDIVISION ITEM NO.: F (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. September 23, 2010 SUDIVISION ITEM NO.: F (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 September 23, 2010 SUDIVISION ITEM NO.: F (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. September 23, 2010 SUDIVISION ITEM NO.: F (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. STAFF UPDATE: There has been no change to this application request since the previous staff write-up and analysis. Staff continues to recommend denial of the request. PLANNING COMMISSION ACTION: (SEPTEMBER 23, 2010) The applicant was present. There were no 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 November 4, 2010, public hearing. A motion was made to defer the item to the November 4, 2010, public hearing. The motion carried by a vote of 7 ayes, 0 noes, 3 absent and 1 open position. September 23, 2010 ITEM NO.: G 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. STAFF UPDATE: Staff requests withdrawal of this item without prejudice. PLANNING COMMISSION ACTION: (SEPTEMBER 23, 2010) There were no registered objectors present. Staff presented the item with a recommendation of withdrawal. There was no further discussion of the item. The chair entertained a motion for placement of the item on the consent agenda for withdrawal of the item. The motion carried by a vote of 7 ayes, 0 noes 3 absent and 1 open position. September 23, 2010 ITEM NO.: 1 FILE NO.: S-1313-AA NAME: Woodlands Edge Phases 14 – 17 Preliminary Plat LOCATION: Located South and East of Cooper Orbit Road DEVELOPER: Rocket Properties 2024 Arkansas Valley Drive Little Rock, AR 72212 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 177.9 acres NUMBER OF LOTS: 149 FT. NEW STREET: 13,000 LF CURRENT ZONING: R-2, Single-family PLANNING DISTRICT: 18 – Ellis Mountain CENSUS TRACT: 42.07 VARIANCES/WAIVERS REQUESTED: 1. A variance from Section 31-256(1) to allow a reduced front building line adjacent to a collector street. 2. A variance from Section 36-254(d)(3) to allow a 15-foot rear yard setback adjacent to open space tracts. 3. A variance from the Master Street Plan to allow an increased length of a minor residential street. 4. A variance from the Master Street Plan to allow the centerline grade for a collector street to exceed 12 percent (14 percent proposed). 5. A variance from the Land Alteration Ordinance to allow grading of future phases. 6. A variance from the Subdivision Ordinance (Section 31-175) to allow a trail system in-lieu of sidewalks within the subdivision. 7. A variance from the Master Street Plan to allow steeper slopes within the right of way to maintain vegetation. September 23, 2010 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-1313-AA 2 A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The request is the subdivision of 177.9 acres into 149 single-family lots. The lot sizes average 80-feet by 120-feet, 120-feet by 150-feet and 150-feet by 180-feet depending on the terrain in which the lots are located. Several of the lots are indicated with a slope in excess of 18%. The developer is requesting to develop these lots utilizing the hillside development standards. These lots are indicated with a slope between 18 and 20 percent and are indicated with a lot area between 10,000 and 12,000 square feet as required by the Subdivision Ordinance. The developer is requesting variances from the Master Street Plan to allow an increased length of a minor residential street, trail systems in lieu of sidewalks, reduced right of way widths for residential street standards and collector street standards and an increased grade for the collector streets of fourteen percent (14%). The request also includes a variance from the Land Alteration Ordinance to allow grading of future phases. Variances are also being sought to allow a reduced front yard setback along a collector street and a reduced rear yard setback adjacent to areas proposed as open space tracts. B. EXISTING CONDITIONS: The site is located west of the existing Woodlands Edge Subdivision extending to near Cooper Orbit Road. The property is heavily wooded with varying degrees of slope. Brodie Creek runs through the proposed development area. Woodlands Edge Subdivision has developed to the east of this site. The subdivision has been designed to allow for areas of open space and tracts held as conservation easements. The subdivision has developed with trails and pedestrian paths in-lieu of sidewalks. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from the area property owners. All property owners abutting the site, the Spring Valley Manor Property Owners Association, the Parkway Place Property Owners Association and the Woodlands Edge Community Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Wind Ridge Pass should be constructed to a width of 31 feet due to it being a collector street on the Master Street Plan with residential lot frontage. September 23, 2010 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-1313-AA 3 2. All proposed 22 feet wide streets, with exception of Hawks Rest Drive, should be constructed to a width of 24 feet as per the Master Street Plan. 3. Hawks Rest Drive should be constructed to a street width of 26 feet in a 40 foot right-of-way due to the possible number of future lots to be platted to the south. 4. Provide a letter prepared by a registered engineer certifying the sight distance at the intersections comply with 2004 AASHTO Green Book standards. 5. 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. 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. 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). 8. With site development, provide the design of the street conforming to the Master Street Plan. Construct street improvement to the streets with the planned development. 9. 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. 10. Stormwater detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. 11. Prior to construction of retaining walls, an engineer's certification of design and plans must be submitted to Public Works for approval. After construction, an as-built certification is required for construction of the retaining wall. 12. 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 not allowed. 13. A special Grading Permit for Flood Hazard Areas will be required per Section 8-283 prior to construction. 14. 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. September 23, 2010 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-1313-AA 4 15. Collector streets are shown to have a maximum grade of fourteen percent (14%). A variance is required to exceed City code. 16. Street Improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. 17. Hauling of fill material on or off site over municipal streets and roads requires approval prior to a grading permit being issued. Contact Public Works Traffic Engineering at 621 S. Broadway, (501) 379-1805 (Travis Herbner) for more information. 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: 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 Capital Investment Charge based on the size of connection(s) will apply to portions of this project in addition to normal charges. 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. 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. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department for additional information. Any residential street containing 30 lots or more must provide secondary access to the lots. County Planning: No comment. CATA: The site is not located near a dedicated CATA Bus Route. Parks and Recreation: No comment received. September 23, 2010 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-1313-AA 5 F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (September 2, 2010) Mr. Joe White of White-Daters and Associates was present representing the request. Staff presented an overview of the development stating there were additional items necessary to complete the review process. Staff questioned the proposed side and rear yard setbacks for the lots. Staff also stated a variance was required to allow a 25-foot front building line adjacent to Wind Ridge Pass since the street was classified as a collector street on the Master Street Plan. Staff stated a number of the lots were proposed for development utilizing the hillside development standards. Staff requested Mr. White provide the percentage of slope for the lots proposed for development utilizing the hillside development standards. Staff stated as the percentage of slope increased the required lot size also increased. Public Works comments were addressed. Staff stated Wind Ridge Pass should be constructed to a 31-foot street width since the street was classified as a collector street and the developer was indicating lots with driveways accessing the street. Staff stated all proposed 22-foot wide streets would require 24-feet of pavement with the exception of Hawks Rest Drive. Staff stated this street should be constructed with 26-feet of pavement within a 40 foot right of way. Staff stated a grading permit was required prior to any construction taking place. Staff stated floodway areas were to be shown as floodway easements or dedicated to the public. Staff stated collector streets per the Master Street Plan were allowed a maximum centerline grade of fourteen percent. Staff stated the grades proposed by the applicant would require a variance. 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 addressing a number of the issues raised at the September 2, 2010, Subdivision Committee meeting. The revised drawing has addressed Public Works concerns related to street design and right of way widths. The request includes several variances related to the street design. The developer is requesting a variance from the Master Street September 23, 2010 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-1313-AA 6 Plan to allow an increased length of a minor residential street and to allow the centerline grade for a collector street to exceed 12 percent; 14 percent is proposed. The street rights of way and pavement widths are as follow: Required MSP Pavement/ROW Proposed Pavement/ROW Wind Ridge Pass 36’/60’ 31’/45’ Hawks Rest Drive 26’/50’ 26’/40’ Gray Moss Cove 24’/45’ 24’/45’ Rock Ledge Cove 24’/45’ 24’/45’ Talus Cove 24’/45’ 24’/45’ Summer Wind Point 24’/45’ 24’/45’ Retail Cove 24’/45’ 24’/40’ Retail Court 24’/45’ 24’/40’ Eagle Pass Cove 24’/45’ 24’/40’ Eagle Pass Lane 24’/45’ 24’/40’ Day Break Point 24’/45’ 24’/45’ The extension of Woodlands Trail West from the existing round-about across Brodie Creek will match the 28 feet pavement width located in a 40 foot right of way to match the previous phases. The request includes a variance from the Master Street Plan to allow steeper slopes within the right of way to maintain vegetation. Stormwater Detention for this area of development was provided in earlier phases of construction. The request includes a variance from the Land Alteration Ordinance to allow grading of future phases with the development. The developer has indicated cuts and fills will be used within the subdivision to limit the need for hauling of materials over City streets. The request includes a variance from the Subdivision Ordinance (Section 31-175) to allow a trail system in-lieu of sidewalks within the subdivision. The developer has indicated the trail system has been incorporated into earlier phases of the subdivision and has served the development well. The proposed development includes a variance from Section 31-256(1) of the Subdivision Ordinance to allow a reduced front building line adjacent to a collector street. The ordinance states a 30-foot front building line is required adjacent to streets classified as a collector street. The request also includes a variance from Section 36-254(d)(3) to allow a 15-foot rear yard setback adjacent to open space tracts. Other phases of the development have also been allowed these variances. September 23, 2010 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-1313-AA 7 The development as proposed will allow the subdivision of 177.9 acres into 149 single-family lots. The lots sizes average 80-feet by 120-feet, 120-feet by 150-feet and 150-feet by 180-feet depending on the terrain in which the lots are located. Several of the lots are indicated with a slope in excess of 18% in which the developer is requesting to develop these lots utilizing the hillside development standards. These development standards will allow the front building line to be reduced to 15-feet. The lots proposed utilizing the hillside standards are indicated with a slope between 18 and 20 percent and with a lot area between 10,000 and 12,000 square feet as required by the Subdivision Ordinance. Staff is supportive of the request. The development of this phase of the subdivision has similar development standards as previous phases. Although there are variances associated with the request the variances are also similar to variances approved in the previous phases of this subdivision. To staff’s knowledge there are no outstanding issues associated with the request. The development of the subdivision as proposed with an overall density of 1.19 units per acre is well within the development standards for Residential Low Density as defined by the Future Land Use Plan. 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 following variance request: 1. A variance from Section 31-256(1) to allow a reduced front building line adjacent to a collector street. 2. A variance from Section 36-254(d)(3) to allow a 15-foot rear yard setback adjacent to open space tracts. 3. A variance from the Master Street Plan to allow an increased length of a minor residential street. 4. A variance from the Master Street Plan to allow the centerline grade for a collector street of 14 percent. 5. A variance from the Land Alteration Ordinance to allow grading of future phases. 6. A variance from the Subdivision Ordinance (Section 31-175) to allow a trail system in-lieu of sidewalks within the subdivision. September 23, 2010 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-1313-AA 8 7. A variance from the Master Street Plan to allow steeper slopes within the right of way to maintain vegetation. PLANNING COMMISSION ACTION: (SEPTEMBER 23, 2010) Mr. Joe White of White-Daters and Associates was present representing the request. There were no registered objectors present. Staff presented a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff also presented a recommendation of approval of the following variance request: A variance from Section 31-256(1) to allow a reduced front building line adjacent to a collector street; A variance from Section 36-254(d)(3) to allow a 15-foot rear yard setback adjacent to open space tracts; A variance from the Master Street Plan to allow an increased length of a minor residential street; A variance from the Master Street Plan to allow the centerline grade for a collector street of 14 percent; A variance from the Land Alteration Ordinance to allow grading of future phases.; A variance from the Subdivision Ordinance (Section 31-175) to allow a trail system in-lieu of sidewalks within the subdivision; and A variance from the Master Street Plan to allow steeper slopes within the right of way to maintain vegetation. There was no further discussion of the item. The chair entertained a motion of approval of the item on the consent agenda as presented by staff. The motion carried by a vote of 7 ayes, 0 noes, 3 absent and 1 open position. September 23, 2010 ITEM NO.: 2 FILE NO.: S-185-DD NAME: CHS Bulk Products Handling Subdivision Site Plan Review LOCATION: Located at 9001 Lindsey Road DEVELOPER: CHS – Terry Arrick 9001 Lindsey Road Little Rock, AR 72206 ENGINEER: Garver LLC – Walter Spaul 4701 Northshore Drive North Little Rock, AR 72118 AREA: 18.4 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: I-3, Industrial PLANNING DISTRICT: 26 – Port South CENSUS TRACT: 40.07 VARIANCES/WAIVERS REQUESTED: 1. A variance from Section 36-321(d) to allow the building height to exceed sixty (60) feet. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is seeking a Subdivision Site Plan Review to allow multiple structures to be located on a single parcel of land. Tract A is proposed for development and is included in a larger area that is leased by Logistics Services, Inc. from the Little Rock Port Authority. Logistics is the stevedore that operates the Little Rock Port Dock. CHS subleases property and operates a set of scales and uses the dock facilities to ship a fertilizer product through the dock area. CHS must increase their ability to store fertilizer on site and needs to build two (2) storage domes, a 136-foot and 124-foot diameter dome, a covered area between the two (2) domes to transfer materials to trucks and a conveyor system September 23, 2010 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-185-DD 2 that will utilize the existing fertilizer building lying just north of the two (2) proposed domes. The site plan indicates to build the needed items three (3) existing metal buildings, approximately 60-feet by 60-feet each will be removed. CHS will relocate the southwest metal building to a position lying southwest of the proposed 136-foot storage dome. Access to the area will remain from Lindsey Road via the drive areas around the existing dock. The walls of the domes are concrete and the roofs are asphalt shingles. No existing parking areas are being disturbed; only open storage areas. No new parking areas are being constructed with the new construction. A zoning variance is being requested to allow an increased height limit for the domes and the conveyor system. The domes have a 76-foot maximum height and the bucket elevator has a maximum height of 120-feet. B. EXISTING CONDITIONS: The site is located within the larger area identified as the Little Rock Industrial Port. This site is located on the banks of the Arkansas River just south of the I-430 Bridge. As within many industrial parks there are a number of industrial activities including food manufacturing, a pipe company and industries that use the port area as the applicant does. 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 of the site, the Apple Blossom Neighborhood Association and the College Station Neighborhood Association were notified of the public hearing D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. The development is proposed out of the floodplain. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: No comment received. Center-Point Energy: No comment received. September 23, 2010 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-185-DD 3 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. 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. 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. The facilities on-site will be private. When meters are planned off private lines, private facilities shall be installed to Central Arkansas Water's material and construction specifications and installation will be inspected by an engineer, licensed to practice in the State of Arkansas. Execution of Customer Owned Line Agreement is required. Fire sprinkler systems which do not contain additives such as antifreeze shall be isolated with a double detector check valve assembly. If additives are used, a reduced pressure zone backflow preventer shall be required. 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. September 23, 2010 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-185-DD 4 F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: 1. Site plan must comply with the City’s minimal landscape and buffer ordinance requirements. G. SUBDIVISION COMMITTEE COMMENT: (September 2, 2010) Mr. Walter Spaul was present representing the request. Staff stated there were no outstanding technical issues associated with the request. Staff stated the request was to allow a variance for the height of the proposed domes and elevator all of which exceeded the 60-foot height limit allowed in the I-3 zoning district. 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 in need of addressing via a revised site plan from the September 2, 2010, Subdivision Committee meeting. The applicant is seeking a Subdivision Site Plan Review to allow multiple structures to be located on a single parcel of land located within the Little Rock Port. The applicant subleases property and operates a set of scales and uses the dock facilities to ship a fertilizer product through the dock area of the Little Rock Port. The request will allow the applicant to increase the storage capacity of fertilizer on the site. The applicant intends to build two (2) storage domes, a 136-foot and 124-foot diameter dome, a covered loading area between the two (2) domes to transfer materials to trucks and a conveyor system that will utilize the existing fertilizer building lying just north of the two (2) proposed domes. With the new construction three (3) existing metal buildings, approximately 60-feet by 60-feet each will be removed. Access to the domes will remain from Lindsey Road via the drive areas around the existing dock. The walls of the domes are concrete and the roofs are asphalt shingles. No existing parking areas are being disturbed only open storage areas. The request includes a variance from the zoning ordinance Section 36-321(d) to allow the building height to exceed sixty (60) feet. The domes have a 76-foot maximum height and the bucket elevator has a maximum height of 120-feet. The applicant has contacted the FAA for comment concerning the proposed September 23, 2010 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-185-DD 5 construction. Approval from the FAA will be required prior to construction of the new facilities. Staff is supportive of the request. Staff feels the construction of the fertilizer domes and elevator to serve an existing business within the Port is appropriate. Staff would however recommend the applicant receive approval from the FAA prior to beginning construction. Otherwise to staff’s knowledge there are no remaining 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 prior to construction the applicant receive approval from the FAA concerning the proposed height of construction. PLANNING COMMISSION ACTION: (SEPTEMBER 23, 2010) Mr. Walter Spaul was present represent 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 prior to construction the applicant receive approval from the FAA concerning the proposed height of construction. There was no further discussion of the item. The chair entertained a motion of approval of the item on the consent agenda as presented by staff. The motion carried by a vote of 7 ayes, 0 noes, 3 absent and 1 open position. September 23, 2010 ITEM NO.: 3 FILE NO.: Z-4763-A NAME: Briarwood Nursing Home Short-form PD-R and Easement Abandonment for an easement located along the common lot lines of Lot 1 Briarwood Nursing Home Subdivision and Lot 1 Parham View Addition LOCATION: Located at 516 South Rodney Parham Road DEVELOPER: Michael Morton Stites and Morton, Inc. 417 Rogers Avenue Fort Smith, AR 72901 SURVEYOR: Caster and Associates Land Surveying, Inc. 5208 Village Parkway, Suite 10 Rogers, AR 72758 Design Consultant: Gray Rock Consulting, Inc. 5208 Village Parkway, Suite 10 Rogers, AR 72758 AREA: 2.46 acres NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF CURRENT ZONING: O-3 and R-5 ALLOWED USES: Office and Multi-family PROPOSED ZONING: PD-R PROPOSED USE: Nursing home, Medicare Facility VARIANCES/WAIVERS REQUESTED: None requested. September 23, 2010 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-4763-A 2 A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The site contains an existing nursing home fronting Rodney Parham Road and four (4) apartment buildings located to the west of the nursing home. The applicant is proposing to remove the apartment development and construct a new 30-room Medicare wing as an addition to the existing nursing home facility. The redevelopment will also include the construction of 59 new parking spaces on the west side of the proposed building. The proposed parking spaces will accommodate the required parking for the new construction but will also provide additional parking for the existing use. The site plan indicates the placement of buffers along the southern and western perimeters less than typically allowed per the buffer ordinance. The site plan indicates the placement of a ten (10) foot building setback along the southern perimeter. The developer has indicated a park-like setting with elaborate hardscaping and landscaping will be included within the site to assist in the reduced landscape strip and buffering. In addition the developer has indicated areas of the site have been designed to retain large existing trees. The site is currently two (2) separate parcels with an easement located along the common lot line. The applicant is proposing with the request the abandonment of an existing utility easement located along this common lot line to allow the new construction. B. EXISTING CONDITIONS: The site contains the Briarwood Nursing Home and on the western portion of the site are four (4) apartment buildings which are proposed for demolition. North and east of the site are two (2) large apartment complexes and south and west of the site are two (2) separate religious facilities. This area includes a mix of office, commercial and residential uses. Approximately two (2) blocks to the west is the Sunnymeade Subdivision. Approximately two (2) blocks to the north is the West Markham/Rodney Parham commercial intersection. South of the site is Interstate 630. 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 and the Briarwood Neighborhood Association were notified of the public hearing. September 23, 2010 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-4763-A 3 D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Due to the proposed use of the property, the Master Street Plan specifies that 5th Street (West Capital Avenue) for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 2. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 3. Stormwater detention ordinance applies to this property. Detention must be provided for the amount of proposed impervious surface compared to existing impervious surface. 4. If disturbed area is one (1) or more acres, obtain a NPDES stormwater permit from the Arkansas Department of Environmental Quality prior to the start of construction. 5. 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. 6. Damage to public and private property due to hauling operations or operation of construction related equipment from a nearby construction site shall be repaired by the responsible party prior to issuance of a certificate of occupancy. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Capacity Analysis required prior to final platting. 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. 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 September 23, 2010 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-4763-A 4 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 for sprinkler system. 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 West Little Rock Planning District. The Land Use Plan shows Residential High Density for this property. The applicant has applied for a rezoning to PD-R to allow the redevelopment of this site to allow an addition and construction of a new 30-room Medicare wing to the existing nursing home. 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 Briarwood Neighborhood Plan, but it does not address this issue. Master Street Plan: South Rodney Parham 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 Rodney Parham Road since it is a Minor Arterial. West Capitol Avenue is a September 23, 2010 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-4763-A 5 Local Street. The primary function of a Local Street is to provide access to adjacent properties. Local Streets which are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. These streets have a design standard the same as a Collector. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes shown in the immediate vicinity. Landscape: 1. Site plan must comply with the City’s minimal landscape and buffer ordinance requirements. 2. A twenty-one foot (21’) wide land use buffer is required to separate this proposed development from the residential property on the western perimeter of the site. Seventy percent (70%) of these buffers are to remain undisturbed. 3. The zoning buffer ordinance requires a nineteen-foot (19’) wide land use buffer along the southern perimeter of the site next to the residentially zoned property. Seventy percent (70%) of this area is to remain undisturbed. 4. The zoning buffer ordinance requires an average nineteen-foot (19’) wide street buffer along West Capitol Avenue on the northern perimeter of the site. In no case shall the width fall below one half the distance or nine and one half foot in width (9’6”). 5. The landscape ordinance requires a nine-foot wide (9’) landscape perimeter around the sites entirety. A variance from the City Beautiful Commission must be obtained prior to the issuance of a building permit. 6. The property to the west and the south is zoned residential, therefore, 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 both the southern and western perimeters of the site. 7. An automatic irrigation system to water landscaped areas will be required. 8. Prior to the issuance of a building permit, it will be necessary to provide an approved landscape plan stamped with the seal of a Registered Landscape Architect. 9. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. September 23, 2010 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-4763-A 6 G. SUBDIVISION COMMITTEE COMMENT: (September 2, 2010) Mr. Phil Swope of Gray Rock Consulting was present representing the request. Staff presented the item stating there were a number of issues in need of addressing prior to the Commission acting on the request. Staff requested additional details for the proposed use of the center. Staff requested details of any existing or proposed signage. Staff requested Mr. Swope provide on the site plan and survey details of the existing nursing home. Staff also stated parking for the facility would be based on the number of existing and proposed beds. Staff requested Mr. Swope provide the number of existing beds within the nursing home. Public Works comments were addressed. Staff stated right of way dedication would be required on West Capitol Avenue for the frontage of the property. Staff stated the stromwater detention ordinance would apply to the development of the property. Staff stated the issuance of a grading permit would be required prior to any construction activities on the site. Landscaping comments were addressed. Staff stated the site plan as presented did not comply with the City’s buffer ordinance requirements. Staff stated the parking indicated along the western perimeter was located within the required landscape strip per the City’s landscape ordinance. Staff stated the Planning Commission could approve variations from the buffer ordinance requirements. Staff stated variations from the Landscape Ordinance would require approval by the City Beautiful Commission. Staff stated screening would be required along the western and southern perimeters. Staff stated an automatic irrigation system would be required to water landscaped areas. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing the issues raised at the September 2, 2010, Subdivision Committee meeting. The revised site plan indicates the use of the site as a rehabilitation facility with a maximum length of stay of 100 days, indicated there are 90 beds in the existing facility and 30 beds proposed for the new facility and indicated the existing nursing home facility will remain as a nursing home with the rehabilitation taking place in the new addition only. September 23, 2010 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-4763-A 7 The applicant has indicated no new building signage is proposed. A new ground sign will be located at the entrance drive from West Capitol Avenue. The size of the sign has not been noted. Staff recommends the signage be limited to a maximum of six feet in height and sixty-four square feet in area. The site plan indicates 45 existing parking spaces and 59 parking spaces are proposed. The site is developed with a 90-bed nursing home and there are an additional 30-beds of rehabilitation proposed. The parking required for a convalescent home is one space per bed. The parking required for the development at completion would typically be 120 spaces. The site will contain 104 parking spaces upon completion. Although the parking is not adequate to meet the typical parking required for the use staff is supportive of the request. The existing parking is not adequate and with the new addition additional parking will be added to offset the current deficiency. The revised site plan has addressed a number of issues related to the Landscape Ordinance requirements. The applicant has indicated the placement of a minimum nine (9) foot landscape strip around the site’s perimeters. The site plan has not addressed the zoning buffer ordinance requirement of nineteen feet along Capitol Avenue and the southern perimeter nor the twenty-one foot land use buffer along the western perimeter. The site plan indicates a twelve foot six inch land use buffer along West Capitol and a nine (9) foot land use buffer along the southern perimeter. The western land use buffer is indicated at nine and one-half feet. The site plan indicates a note stating screening will be placed along these perimeters as required by the zoning ordinance. Staff is supportive of the buffers as requested. Although the property to the south and west are zoned residentially they are not residential uses. The site plan indicates adequate screening will be placed along these perimeters to lessen the impact on the abutting uses. The site plan indicates the dedication of five (5) feet of additional right of way along West Capitol Avenue as required per the Master Street Plan. The request includes the abandonment of an easement located along the common lot lines of the two parcels. The specific abandonment request includes the abandonment of a ten foot easement; five feet located on either side of on Lot 1 Briarwood Nursing Home Subdivision and Lot 1 Parham View Addition. There are no public utilities located in the easement. Public Works has not indicated the easement is required to be maintained as a drainage easement. Staff is supportive of the abandonment request. The site plan indicates the placement of a dumpster facility along the southern perimeter. The applicant has indicated the dumpster service hours will remain as September 23, 2010 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-4763-A 8 currently exist. The dumpster is serviced six days per week. The service hours are not limited to daylight hours. The site plan indicates the maximum building height of the existing building is 35-feet and the new structure is proposed 21-feet in height. The construction materials are proposed similar to the materials of the existing nursing home. Staff is supportive of the request as proposed. Although the site plan does not fully comply with the typical buffer ordinance standards staff is supportive of the buffers as proposed. As indicated the landscape strips are adequate to meet the landscape ordinance requirements and will not require a variance from the City Beautiful Commission. The uses located to the south and west are religious uses with limited services and activities. To staff’s knowledge there are no outstanding technical issues associated with the request in need of addressing. Staff feels the construction of a rehabilitation center on the site will not 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 approval of the land use buffers as indicated on the site plan. Staff recommends signage be limited to signage allowed in office zones. Staff recommends approval of the abandonment request for the ten foot utility easement located along the common lot lines of Briarwood Nursing Home Subdivision and Parham View Subdivision. PLANNING COMMISSION ACTION: (SEPTEMBER 23, 2010) Mr. Phil Swope 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 of approval of the land use buffers as indicated on the site plan. Staff presented a recommendation signage be limited to signage allowed in office zones. Staff also presented a recommendation of approval of the abandonment request for the ten foot utility easement located along the common lot lines of Briarwood Nursing Home Subdivision and Parham View Subdivision. September 23, 2010 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-4763-A 9 There was no further discussion of the item. The chair entertained a motion of approval of the item on the consent agenda as presented by staff. The motion carried by a vote of 7 ayes, 0 noes, 3 absent and 1 open position. September 23, 2010 ITEM NO.: 4 FILE NO.: Z-4953-C NAME: Park Avenue Revised Long-form PCD LOCATION: Located on the Northwest corner of St. Vincent Circle and South University Avenue DEVELOPER: Strode Property Company 5950 Berkshire Lane #1600 Dallas, TX 75225 ENGINEER: Lawrence A. Cates and Associates, LLP 14800 Quorum Drive, Suite 200 Dallas, TX 75254 PLANNER: Good Fulton and Farrel 2808 Fairmount, Suite 300 Dallas, TX 75201 AREA: 28.39 acres NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF CURRENT ZONING: PCD ALLOWED USES: Mixed Use Development – Residential, Office (O-2, Office and Institutional District uses), Retail (C-2, Shopping Center District uses) PROPOSED ZONING: Revised PCD PROPOSED USE: Mixed Use Development – Residential, Office (O-2, Office and Institutional District uses), Retail (C-2, Shopping Center District uses) VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: The Park Avenue Long-form PCD was approved by the Planning Commission at their June 19, 2008, public hearing. The plan reviewed and approved by the Planning September 23, 2010 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-4953-C 2 Commission contained 748,250 total square feet of which 429,000 square feet was proposed as residential. A total of 476 residential units were proposed. Of this 126 units were located in the western most building. The residential units were located within the “town center”. The site plan indicated the placement of 1,798 total parking spaces of this 889 parking spaces were located in the existing parking deck. The site plan indicated a total of 42,800 square feet of common space. Included in the common space was the plaza area containing 15,760 square feet. Ordinance No. 19,990 adopted by the Little Rock Board of Directors on July 1, 2008, rezoned 28.39 acres from C-3 to PCD to allow the establishment of the Park Avenue Long-form PCD. The Board approved plan allowed for mixed-use development containing residential, office and commercial uses. The development proposed the construction of 753,400 square feet of space including a four level multi-family residential building located near the intersection of St. Vincent’s Circle and South University Avenue. The approved site plan allowed the use of an existing parking deck in addition to surface parking. A new parking deck was proposed in conjunction with the multi-family at the intersection of South University Avenue and St. Vincent’s Circle. The breakdown of the 753,400 square feet is as follows: Project Data: Retail/Restaurant 89,400 square feet Anchor 162,600 square feet Cinema 36,000 square feet Residential or Residential and Hotel 313,900 square feet (MAX. INCLUDING HOTEL – 127 rooms) 900 SF AVG. 330 Units Office 31,500 square feet Office Options 120,000 square feet Total Square Footage 753,400 square feet Parking Provided: Surface Spaces/Lot A 384 spaces Surface Spaces/Lot B 276 spaces Surface Spaces/Lot C 17 spaces Surface Spaces/Lot D 39 spaces Surface Spaces/Lot E 0 spaces Surface Spaces/Lot F 47 spaces September 23, 2010 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-4953-C 3 Existing Parking Structure 679 spaces New Parking Structure Up to 360 spaces Total Spaces 1,802 spaces Building Lot Coverage 333,400 Sq. Ft. 27.0 % Parking Lot Coverage 387,400 Sq. Ft. 31.3 % Common Space 43,400 square feet With the overall approval a variance request from the City’s Land Alteration Ordinance to allow an increased wall height for the retaining wall located along the western perimeter of the site near the intersection of St. Vincent Drive and McKinley Street was granted. Also approved was a variance request from the Master Street Plan to allow driveways spaced along the abutting streets less than typically required per the ordinance. The Board of Directors approved a variance request from the Master Street Plan to allow a reduced right of way width for South University Avenue by the adoption of Ordinance No. 19,989. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: Strode Property Company is now requesting an amendment to the current planned zoning development to reduce the total square footage and to modify the locations of some of the approved elements. The site of the former University Mall is 28.39 acres of land and has been improved with a Target store of 137,000 square feet of retail and related site work. Strode Property Company purchased the property in September of 2007 and began demolition of the deteriorating facility in November 2007. The University Mall was demolished in 2008 and the hazardous materials were removed under the supervision of the Arkansas Department of Environmental Quality. The revised plan for the new development, named Park Avenue, still involves a mixed use concept incorporating retail, restaurant, office, residential and hotel. The design scheme will use building materials and site-scapes that invite customers, residents and employees to the development with open space and comfortable street-scapes. Integrating retail with multi-family and designing open street scapes into the site plan is intended to give the development a much desired “sense of place”. Specifically the revised plan includes 579,650 square feet of total building area. The development will utilize the existing two (2) story parking structure. The remainder of the site will be surface parked using a formula that reduces the standard parking ratios by complimentary use (i.e. office parking by day, September 23, 2010 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-4953-C 4 residential by night). Traditional retailers and restaurants will continue to demand a parking field in front of their store for customers. With the current plan of 567,050 square feet, the components breakdown as follows: Retail (anchor, restaurant, retail) 245,750 square feet Potential Office 70,000 square feet Residential Phase I 230 units 207,000 square feet Residential Phase II 127 units 114,300 square feet The total number of parking spaces for the development is calculated at a ratio of 3.2 per 1,000 square feet of floor area or a total of 1,898 spaces. The site is proposed to allow the parcels to be subdivided into smaller parcels and out-lots. Park Avenue is designed to meet the purpose and intent of the Mid-town DOD by creating the ability to work, live, shop and recreate in one location. This will be achieved by using the ground floor of key building pads for retail space similar to the description in the DOD. There will also be multiple free standing single user retail buildings within the site plan. The project architect will use common elements (either colors or materials) to achieve architectural harmony throughout the development. The building façades will be constructed using a predominance of masonry, stone or exterior insulation finish system and the retail ground floor will utilize a glass store front system. To address long or tall building elevations, special care will be taken to break up the mass with articulations of color and/or material changes. The signage will include multi tenant and single tenant monument type structures at all entrances. Directional and “way finding” signs will direct visitors across the project and will include tenant logos. Tenant signage will be strictly governed by the owner to insure a cohesive, controlled and unique “branding” of the development. Tenant signage on some buildings may be allowed along the rear of the building abutting the public right of way and on the internal drives and in some cases signage may be allowed on three sides of the building. The residential units of Park Avenue will initially be for rent and the residents will utilize the parking structure mentioned previously. This component will include private areas for fitness, sunbathing or congregating and there may also be balconies to encourage the residents to embrace the open spaces and promote the “sense of place”. A skywalk is proposed to allow residents of the southern building covered/heated and cooled access to the parking deck. The materials of the skywalk will be compatible to the materials used in the remainder of the development. September 23, 2010 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-4953-C 5 Parking lot lighting will be pole mounted over a concrete base at levels necessary to promote residents and customer safety at the development. A cohesive landscape plan along the street-scape/common space plan that will cover 49,600 square feet of the site is proposed with special emphasis on the “town center” of Park Avenue. Whether it is residents walking pets, customers eating ice cream or holiday celebrations, Park Avenue will invite “community” within the development and Little Rock. B. EXISTING CONDITIONS: The anchor, Target, is currently under construction and near completion. The internal drives and parking for Target have been installed. The developers retained the parking deck structure of the former University Mall. The area is a mix of office, commercial and institutional uses. St. Vincent’s Hospital is located to the east of the site, across South University Avenue, and has recently undergone an expansion in the emergency department. Doctors Office building and St. Vincent’s Doctors Hospital is located to the South of the site, across St. Vincent Circle. To the west of the site is residential housing, both single-family and multi-family homes. North of the site are office and commercial uses including a multi-story office building located at the southwest intersection of West Markham and South University Avenue. A branch bank building once stood at the property’s northeast corner but has been removed. There is a restaurant with a drive-through, a high rise residential tower and a funeral home located to the north of this site fronting West Markham Street. 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 Briarwood Neighborhood Association and the Hillcrest Residents Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. The access easement of McKinley Street should be dedicated to the City of Little Rock. A portion of the right-of-way is a private access easement. Additional right-of-way may be required to be dedicated if the eastern half of the right-of-way is not 30 feet from centerline. September 23, 2010 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-4953-C 6 2. Stormwater detention ordinance applies to this property. Stormwater detention is not required for the proposed development due to the amount of proposed impervious surface compared to the amount of impervious surface that existed prior to site work beginning. 3. Street improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. 4. A 20 foot radial dedication of right-of-way is required at the intersection of St. Vincent Circle and McKinley Street. 5. A 20 foot radial dedication of right-of-way is required at the intersection of South University Avenue and St. Vincent Circle. 6. With site development, provide the design of the streets conforming to the Master Street Plan. Construct one-half street improvement to St. Vincent Circle including 5-foot sidewalks with the planned development. The street improvements have been installed except for completing the sidewalks at the intersection of South University Avenue and St. Vincent Circle. 7. South University Avenue is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to 55 feet from centerline is required per the Master Street Plan. A variance has been approved by the Board of Directors to reduce the right-of-way dedication. With this approval no dedication is required along South University Avenue since sufficient right-of-way exists. 8. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The minimum driveway spacing on a commercial street (St. Vincent Circle) is typically required at 250 feet. The width of driveway is not to exceed 36 feet. A previous variance was approved by the Planning Commission to allow the driveway locations as shown and to allow a driveway that exceeds 36 feet in width. As per the approval, the western driveway is used for truck access only. 9. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 10. 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). 11. 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 if the amount of cut and fill is equal to or greater than 1,000 cubic yards or if vertical cuts and fills are greater than 10 feet. Site grading and drainage plan will be required to be submitted and approved prior to the start of construction. September 23, 2010 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-4953-C 7 12. 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: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water regarding the size and location of the water meter(s). On site fire protection and 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). This development will have minor impact on the existing water distribution system. 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. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is located on a major connecting point between five CATA routes. In order to prevent major tie-ups along St. Vincent Circle a bus pullout lane of at least 140-feet must be available along westbound St. Vincent Circle between South University Avenue and McKinley Street. The current curb lane along the south side of St. Vincent Circle for eastbound buses must also be maintained. The final street configuration for St. Vincent Circle should allow for a minimum of two lanes in each direction. One of the two lanes will be used for bus loading; the other lane will be used for through traffic. Parks and Recreation: No comment received. September 23, 2010 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-4953-C 8 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 Planned Commercial Development. The revised Planned Commercial Development is proposed to continue to have commercial, residential and office 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. This area is covered by the Briarwood Neighborhood Plan, but the plan does not address this issue. Master Street Plan: South University Avenue is shown as a Principal Arterial. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on South University Avenue since it is a Principal Arterial. St. Vincent Circle and McKinley Street are both shown as Local Streets. The primary function of a Local Street is to provide access to adjacent properties. Local Streets which are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. These streets have a design standard the same as a Collector. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes shown in this immediate area. Landscape: 1. Site plan must comply with the City’s minimal landscape and buffer ordinance requirements. 2. The Mid-town DOD addresses specific criteria related to landscaping. G. SUBDIVISION COMMITTEE COMMENT: (September 2, 2010) Mr. Chuck Keller of Strode Property Development Company was present representing the request. Staff presented the item stating there were a number of outstanding technical issues associated with the request in need of addressing prior to the Commission acting on the request. Staff requested Mr. Keller provide the areas included in the calculation for common space. Staff stated some areas of the site did not appear to provide pedestrian connectivity. Staff stated the site plan indicated some of the buildings located along South University Avenue with building setbacks greater than 20-feet as typically allowed in the Mid-town DOD. Staff also requested Mr. Keller provide the location for dumpster facilities and to September 23, 2010 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-4953-C 9 include a note on the site plan concerning the proposed screening mechanism for the dumpsters. Staff stated parking fields were indicated with more than 50 parking spaces. Staff questioned the measures that would be taken to soften the indicated parking fields. Public Works comments were addressed. Staff stated access easements for McKinley Street should be dedicated to the City. Staff stated all street improvements plans should include signage and striping. Staff stated the drives indicated did not meet the minimum standards of the Master Street Plan but during the previous review process the Commission approved the driveway locations on St. Vincent’s Circle. Staff stated these drives were existing today. Staff stated the Board of Directors approved a reduction in the required right of way for South University Avenue during the initial review process. Staff stated they felt this approval would carry forward to the current request. Landscaping comments were addressed. Staff stated the landscaping was to comply with the City’s buffer and landscape ordinance requirements. Staff stated the landscaping within the development was to also comply with the Mid-town DOD. There was a general discussion concerning the proposed site plan and the previously approved site plan. Staff stated they administratively approved a revision to the “town center” area. Mr. Keller stated he felt the current design of the “town center” would allow the ends of the “town center” to be barricaded and allow for events to take place within the area. Mr. Keller stated there would not be a step-up curb located in the “town center” area. He stated automobile bumpers would be installed to allow for the continuous flow of the area. He stated landscaping would be incorporated into the “town center” area to provide a streetscape as is located in the typical downtown areas. There was a general discussion concerning the design of the buildings and the multi-family being located on the ground floor of the southern “town center” building. Mr. Keller stated the units would be walk-up units but the fronts would be designed as a block face. Mr. Keller stated the request for the number of uses located within the western most building was so broad because there was not a true user at this time. He stated the multi-family developers felt there was need to add a second phase to the multi-family portion of the development. He stated with the multi-family as an option allowed the additional phase for multi-family units. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. September 23, 2010 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-4953-C 10 There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan and updated cover letter addressing the issues raised at the September 2, 2010, Subdivision Committee meeting. The applicant has indicated areas of common space, addressed issues raised concerning the Mid-Town DOD and indicated all rights of way dedications would be taken care of when the final plat for the development is filed in the next few weeks. The following Analysis addresses issues which were a part of the original approval as well as new items which are being considered. The revised plan for the development still involves a mixed use concept incorporating retail, restaurant, office, residential and potentially a hotel. Integrating retail with multi-family and designing open street scapes into the site plan is intended to give the development a “sense of place”. Staff administratively approved a redesign of the “town center” to allow for the removal of the median. With the current plan of 567,050 square feet, the components break down as follows: (based on the western building having various options the total square footage will not total the 567,050 total square feet) Retail (anchor, restaurant, retail) 245,750 square feet Potential Office 70,000 square feet Residential Phase I 230 units 207,000 square feet Residential Phase II 127 units 114,300 square feet Included within the 567,050 square feet of building area is 321,300 square feet of residential or 56.7 percent. The residential units are proposed with approximately 900 square feet of livable space per unit and a maximum of 357 units are proposed (230 units in the “town center”. The developer has indicated the northwestern building with alternative uses. The building is indicated with 127 apartment units, or with a 127 room hotel, or 70,000 square feet of office or 50,000 square feet of retail. The building is proposed with a maximum of seven stories or 105-feet maximum height. The revised plan includes 567,050 square feet of total building area. The development will utilize the existing two (2) story parking structure. The remainder of the site will be surface parked using a formula that reduces the standard parking ratios by complimentary use (i.e. office parking by day, residential by night). Traditional retailers and restaurants will continue to demand September 23, 2010 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-4953-C 11 a parking field in front of their store for customers. The development is proposed to contain 567,050 square feet of both residential and commercial space and a total of 1,898 parking spaces. Of the 1,898 parking spaces, 839 spaces (44 percent) are located within the existing parking deck. The site is proposed with 23.5 percent of the site covered with buildings and 28.8 percent of the site covered with parking. The maximum parking allowed per the DOD is 2,520. The minimum parking per the DOD would be 50% of the required parking or 1,260 parking spaces. The site plan indicates the placement of 49,600 square feet of common space. The plaza area contains 16,870 square feet of common space. An architectural landmark at the western end of the plaza drive remains on the site plan. Based on the DOD, a total of 5,670.50 square feet of common space would typically be required. The project is proposed with common elements (either colors or materials) to achieve architectural harmony throughout the development. The building façade will be constructed using a predominance of masonry, stone or exterior insulation finish system and the retail ground floor will utilize a glass store front system. To address long or tall building elevations, special care will be taken to break up the mass with articulations of color and/or material changes. The development includes the placement of a skywalk at the second level of the “town center” to allow residents of the four story building access to the parking deck. The applicant has indicated in inclement weather a covered/heated and cooled access is desired for these residents. The skywalk will be constructed with material compatible with the remainder of the development. The right of way and bus pull-off are as approved with the original site plan. The drive serving the western building is not indicated to comply with typical ordinance standards. The drive must be relocated to eliminate the potential of cars stacking onto McKinley Street waiting to turn left into the western most building. The fronts of the buildings will be located along the interior drive and the signage in this location will allow identification of the tenants. In addition, the request is also to allow wall signage along the street sides. Building signage is intended to allow window, blade, awning and building signage for the retail and office uses. Sign totals will equal 10% of the height multiplied by the width of the fascia area to be “signed”. For freestanding buildings, building signage would be allowed on three sides, except the second or third sign area total would be reduced by half, as an example: September 23, 2010 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-4953-C 12 A. Primary Entrance Elevation: Assuming 190’ wide and 30’ tall x 10% would allow 570 total square feet for all building, blade window and/or awning signs on the front elevation. B. Rear Elevation: Assuming 190’ wide and 30’ tall x 5% would allow 285 total square feet for all building, blade window and/or awning signs on the rear elevation. C. Side Elevation: Assuming 160’ wide and 30’ tall x 5% would allow 240 total square feet for all building, blade window and/or awning signs on the side elevation. Buildings with a second entrance “end-cap” or two faced storefronts would be allowed a second sign as described in B or C above. The development is proposing to place an identification sign at the St. Vincent’s/South University Avenue entrance mounted on the existing wall. The sign is proposed with individual letters and project logo with a maximum area of 100 square feet. Two tenant identification signs are proposed with a maximum height of six feet and a maximum sign area of 52 square feet. The signs will be masonry sign constructed of materials used on the shopping center building. Four shopping center identification sign are proposed with a maximum height of 36-feet and a maximum sign area of 430 square feet. The signage is larger than signage typically allowed per the Overlay District. The signage is proposed with an overall dimension of 36 feet in height and 20 feet in width. Seasonal Banners will be placed on light poles within the development. The applicant has indicated all mechanical equipment will be roof mounted and screened from view by parapet walls. The applicant has also indicated the low architectural walls mansard roofs, parapets, gable or high roofs conforming to the general architectural theme of the center. All dumpster facilities will be screened with structurally sound materials that use materials directly used on the face of adjacent structures, and will be at locations accessible to tenants; exact locations as yet undetermined. Any dumpsters located in an area visible from the street will be additionally screened with trees and/or hedges. The applicant has indicated the street buffer along South University Avenue to meet the minimum landscape ordinance requirement of nine feet. The applicant has also included landscape islands within the development to soften the impact of the on site paved area. Pedestrian accesses are indicated to the site from all three abutting streets. Staff has concerns with the pedestrian access from the northern drive to the future retail building located at the intersection of September 23, 2010 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-4953-C 13 St. Vincent’s Circle and South University Avenue. Staff recommends the applicant provide safe access through the eastern portion of the site to the southern most lot. The development is proposed to contain two lots but has been indicated to allow for subdividing of the lots for out-parcels in the future. The lots have been indicated to allow the developer flexibility should a potential user desire to own their own property. The development will be served by an Operating and Easement Agreement which will define cross access and cross parking agreements within the development. The following table is a side by side comparison of the DOD and the previously approved plan with notes in bold type indicating the current plan and areas of change: Midtown Overlay District Applicant’s Proposal A planned zoning district process shall be required for a new development, redevelopment exceeding 50 percent of the structure’s current replacement value based on its configuration at the time of the DOD’s adoption, and for expansion of existing developments exceeding 50 percent of the structure’s current square footage at the time of the DOD’s adoption. Routine repairs, maintenance and interior alterations to accommodate existing, expanding or new tenants within the existing building envelope shall not require compliance with Chapter 36, Article 10 (Midtown Design Overlay District). The proposed planned zoning development shall be reviewed to realize a development plan that is consistent with the purpose and intent of the Midtown Design Overlay District. The development is proposed as new construction therefore a rezoning from C-3, General Commercial District to PCD is required. A PCD was approved for this site on July 1, 2008 by the adoption of Ordinance No. 19,990. September 23, 2010 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-4953-C 14 For a new development or structure of over 100,000 square feet (excluding structured parking), a mix of uses must be provided. This mix may occur either under the same roof or in adjacent structures as part of a common development. In order to be considered a mix, the new development must either: Devote the majority of its leasable ground floor space to a secondary use i.e. retail in a multi-story office building; or Devote ten percent of the gross leasable area of a single building to the secondary use i.e. residential on the upper levels of a multi-story office, retail or institutional building; or Devote fifteen percent of the gross leasable area to a secondary use in a separate building constructed and occupied at the same time as the primary structure i.e. a restaurant on a pad adjacent to an office building. The proposal is for a mixed-use development containing retail and residential; both in separate buildings or as mixed uses within multi-story buildings. No change The Midtown Design Overlay District requires developments in excess of 200,000 square feet to contain a residential component. The residential may be in the same structure or a separate structure, as long as the separate structure is part of the overall development and the overall development is built simultaneously. For any development constructed in phases, a portion of the secondary uses shall be included in the initial phases. Park Avenue will contain the required residential component. However, the residential or hotel at the northwest corner of the property (separate structure) may be constructed in a separate phase as shown on the site plan (phasing). No change September 23, 2010 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-4953-C 15 Façade treatment – for new construction at least 60 percent of the ground floor level facing internal pedestrian public circulation areas or streets shall be glass-windows, entry features or displays. The primary façade of a building shall be oriented parallel with the street, or to the principal vehicular or pedestrian routes of travel whether public or private. Buildings shall maintain a distinction between upper and lower levels; an elevation greater than 18 feet in height shall contain an architectural treatment, which visually divides the structure into stories. Wall projections or recesses a minimum of three feet deep and a minimum of 20 continuous feet not to extend over 20 percent of the façade shall be required. Arches, display windows, entry areas or awnings shall exist along at least 60 percent of the façade. Some of the buildings will not contain a minimum of 60 percent of the ground floor as glass-windows, entry features or displays. The primary façade of the building will be oriented parallel to the private vehicular routes of travel within the development. Architectural treatments are indicated on the multi-story buildings to visually divide the structure into stories. The proposed elevations for the major anchor indicate an attempt to visually break up the height of the structure through the use of different colors and materials. Projections will be included along the facades to break the massing of the structure. Some of the buildings will not contain arches, display windows, entry areas or awnings along at least 60 percent of the façade. No change Entryway – Primary entrances shall be oriented to the street or to the principal vehicular or pedestrian routes of travel within a development. Buildings shall have clearly defined and visible customer entrances featuring elements such as overhangs, arcades, arches, canopies, peaked roof forms, display windows. The primary entrances will be oriented to the vehicular or pedestrian routes within the development. The buildings will contain clearly defined and visible customer entrances featuring elements such as overhangs, arcades, arches, canopies, peaked roof forms, and display windows. September 23, 2010 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-4953-C 16 All sides of buildings that face abutting public or private rights of way, except alleys, shall feature at least one customer entrance. Elevations - No elevation facing an arterial or greater street shall be primarily used as a service entry or otherwise be treated as the rear of the structures. New construction wider than 100 linear feet shall be visually massed so as to break the structure visually. Rooflines shall be varied with changes in height every 100 liner feet in building length. Parapets, mansard roofs, gable roofs, high roofs, shall be used to conceal flat roofs and roof top equipment. The buildings will not contain customer entrances on all abutting streets. The elevations abutting South University Avenue will be designed as four (4) sided buildings and will not be used as a service entry or treated as the rear of the buildings. Based on the information provided to staff, it appears the buildings will be constructed to visually break the mass of the structure through the use of various materials and colors. The site plan appears to comply with this typical standard. There may be exceptions on Anchors 1 and 3 based on the information provided to staff. No change Exterior building materials and colors shall be aesthetically pleasing and compatible with materials and colors used in neighboring developments. Predominant exterior building materials shall be of high quality materials; such as but not limited to: brick, wood, store, tinted, stucco, EIFS (Exterior Insulation Finish System) concreted masonry units. Façade colors – shall be low reflectant, subtle, neutral or earth tone with trim and accents brighter colors. Predominant exterior building materials shall not be smooth-faced concrete block, tilt-up concrete panels or prefabricated steel panels. The development will be constructed with painted concrete tilt wall, masonry veneer, stone veneer or CMU block, Glass storefronts, Metal panels, Painted metal, Plaster or EIFS, Perforated metal screens, Composite wood panels. The development will utilize tilt-up concrete panels. The panels will be scored for visual aesthetics. No change September 23, 2010 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-4953-C 17 Projections (all requirements for a franchise remain in place). Objects shall not project from the building facade over the public right of way except for awnings, signs, and balconies. Not applicable. No change Awnings shall not project more than five (5) feet from the building facade and have a minimum clearance of nine (9) feet above pedestrian areas and thirteen (13) feet above vehicular areas. Not applicable. No change Balconies over the public right-of-way shall have a minimum clearance of nine (9) feet above the sidewalk. One (1) inch of projection is permitted for each additional inch of clearance above eight (8) feet, provided that no such projection shall exceed a distance of four (4) feet. Balconies shall not be supported with posts extending to the sidewalk. Mounting heights for balcony brackets shall conform to minimum clearance standards. Not applicable. No change Building height – No building hereafter erected or structural altered shall exceed a height of 60 feet, except as provided below. Structures may have a greater height as follows, and these bonuses may be cumulative: Any structure that is certified by CATA as provide a portion of the structure for mass transit is entitled to add 15-feet. Structures with a mix of uses with the street-level primarily devoted to retail uses and at lease 50 percent of these uses having direct access to the street, is entitled to add 25 feet to the structure; alternately a development The maximum building height will be 105 feet. No change The buildings along the “main street” driveway are a maximum of 5-stories in height. The buildings contain ground floor retail and 4 stories of residential. The northern buildings incorporate access to the existing parking deck. The southern buildings are located over the underground parking garage. This was not on the plan approved by the Board of September 23, 2010 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-4953-C 18 with an integrated parking facility substantially located within the footprint of the primary structure, is entitled to add 25 feet to the structure. Notwithstanding the foregoing, any structure located north of West Markham Street and east of University shall be limited to a height of 35 feet. Directors – the “town center” allowed two story buildings with retail ground level and live/work space on the second level – the under ground parking deck was removed from the plan approved by the BOD The proposed building height of 105 feet is less than the 110 allowed with the bonuses if consideration is given for use of the existing parking deck and underground garage. No change Building setbacks from property lines and street rights of way shall be: Front yard setbacks may be zero but will not be more than 20-feet excepting in those cases where grade changes make such setbacks impractical. The property fronts onto S. University Avenue. It appears 2 of the 3 buildings along the street are set in excess of the 20-foot typical requirement. No change Side yard setbacks may be zero except where adjacent to lots containing single-family detached structures. In this case the side yard setback shall be a setback of not less than four (4) feet. There is not residential abutting the development. No change Rear yard setback may be zero, except where adjacent to lots containing single-family detached structures. In this case the rear yard setback shall have a setback of not less than 25-feet. There is not residential abutting the development. No change Driveways, Sidewalks and Alleys – Driveways and internal circulation streets must have lanes at least ten feet in width, but not more than 12 feet excepting that width needed for bike lanes or special pedestrian accommodations. The development is requesting the allowance of 15-foot drive lanes. No change September 23, 2010 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-4953-C 19 Intersections of internal drives or streets will be minimally controlled by stop signs, and will feature special crossway paving or treated surfaces. The development appears to be complying. No change Access driveways running parallel with the street shall not create a four-way intersection within 125 feet of the ultimate curb line of the public street. The drives are located in excess of 125-feet from the street intersections. No change No more than one curb cut per block face shall be permitted. Driveways and parking lot entrances-exit shall be combined and where appropriate located in alleys. There are 2 driveways on each street perimeter. The property has more than 2 blocks of frontage on each street. No change Sidewalks and Pedestrian walkways – All driveways and internal streets shall have minimum five foot sidewalks on both sides located away from the back of curb. Some of the drives do not have sidewalks located along both sides. No change All sidewalks fronting buildings with ground floor retail shall be at least 10 feet in width. Some of the walks are indicated less than ten (10) feet. No change Protected pedestrian walkways shall be provided through parking lots. All developments shall include as part of their site plan pedestrian linkages through parking areas and to adjacent buildings or developments. Crosswalks shall be incorporated at strategic locations to provide pedestrian linkages to structures within the development. Additional pedestrian connectivity is required to link Retail Building E with Retail Building L Alleys – shall not be more than 20-feet wide unless needed for emergency access. Where an alley runs along a property line, it shall be screened from the adjacent property by a permanent wall of high quality materials compatible with neighboring buildings. Not applicable. There are no alleys located within the development. No change September 23, 2010 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-4953-C 20 All new utilities for developments within the District shall be buried. All new developments shall underground all utilities onsite or within adjacent public right of way wherever determined by the utility agency to be feasible. All new utilities for the proposed development will be buried where technically feasible. No change Trash enclosures shall be located in alleys wherever available or in common service areas for multiple developments. In all areas, service and waste removal areas shall be screened and located away from public outdoor spaces and pedestrian. Dumpster screening shall comply with Section 36-523. Waste removal areas shall be screened and located away from public outdoor spaces and pedestrians when physically possible. No change Parking facilities – wherever feasible, multilevel parking structures shall be encouraged. Surface parking shall be limited to the side and rear of structures, unless grouped in quantities of 50 spaces or less separated by a landscaping strip no less than the perimeter landscape strip as required for the property by Chapter 15 of the code or a structure from other vehicular areas and having no more than one vehicular connection to another surface parking area. Surface parking areas should be broken up or distributed around large structures so as to shorten the distance to other buildings and public sidewalks. For corner lots, parking is allowed along the side street frontage. The applicant is utilizing an existing parking structure and is proposing to construct an underground parking garage. A portion of the parking fields contain more than 50 spaces. No change September 23, 2010 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-4953-C 21 Parking requirements within the District shall be 50 percent of that required by Article VII of Chapter 36. The maximum allowed parking shall be the minimum standard established in Article VII of Chapter 36. The maximum parking allowed for the development is 3,325 spaces. The minimum parking allowed is 1,662 spaces. The development is proposed to contain 1,798 spaces. The maximum parking allowed 2,520 spaces. The minimum parking allowed is 1,260 spaces. The development is proposed with 1,898 spaces. Shared parking. As an alternative to subsection (f)(2) above, mixed-use developments may utilize the shared parking methodologies developed by the Urban Land Institute and published in Shared Parking (Second Edition, 2005) by Mary S. Smith, et al. A project may elect this means of determining the total parking requirement by submitting a parking demand analysis prepared by a qualified parking or traffic consultant, a licensed architect, city planner, or urban planner or civil engineer. Not applicable. No change On-street parking. On-street parking on internal streets or circulation routes shall be allowed and may count towards the parking requirement. On- street parking is permitted either parallel, in areas in front of, or adjacent to, retail or commercial entries. Angled street (drive) parking shall not be permitted on streets (drives) that provide the development majority access. Such parking may count towards the overall project parking requirements. No on-street parking shall be allowed on University Avenue or Markham Street. Not applicable. No change September 23, 2010 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-4953-C 22 No parking shall be allowed in the front yard setback area. Some of the parking will be located within the front yard setback of South University Avenue. No change Parking garage design – Parking facilities should be designed consistent with the overall project design. Where possible, other uses, residential or commercial should be used to wrap or otherwise block the view of a parking garage. The development is utilizing an existing parking structure (682 spaces). The structure will be screened from view in most locations. An underground parking garage is also being constructed (207 spaces). The parking structure is indicated with 839 spaces. No underground parking structure is proposed. Signage – Signage shall comply with Article X except as follows – No off-site advertising signs are permitted. No pole mounted signs are permitted. Monument signs are to identify the development and be limited to 72 square feet in area and 6 feet in height for developments greater than one acre. Signage integrated into free-standing vertical structures whose design theme and materials are directly related to the primary development may be submitted for approval under the PZD process if located along University southerly of Lee. No single elevation or face of such a structure shall be more than 400 square feet. No off-site signage is proposed. The development is proposing signage larger than typically allowed. Four major tenant identification signs are proposed with a height of 36 feet and a sign area of 430 square feet. The total area of the sign structures is 720 square feet (36’ X 20’). No change No street buffer or landscaping is required along streets classified less than an arterial. When the structure is not built to the property line, landscaping is required in the area between the building and property line up to that required in Chapter 15 of the Code. Landscaping will be placed along South University Avenue where the building is not placed at the zero setback and where conflicts do not exist. No change September 23, 2010 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-4953-C 23 Land use buffers shall only be provided where single-family and duplex use or zoning is the abutting use. In those cases where a land use buffer is required, buffers shall be the same as those for multi-family uses in Section 36-522(b)(1). In areas where terrain variation is great or other features result in the loss of privacy, alternative designs and massing shall be considered. Not applicable. No change Common use areas and plazas shall be a minimum of 300 square feet for 30,000 square foot structures. For each additional 5,000 square feet or portion thereof, a minimum of an additional 50 square feet of plaza area is required. The site plan indicates the placement of 42,800 square feet of common space. The site is indicated with the placement of 49,600 square feet of common space. Surface parking lots shall meet all current landscape requirements. The surface lots will meet the requirements of Chapter 15. No change Street trees shall be a minimum of 3- inch caliper and shall be 2 feet off the back of curb, 30 feet on center. The canopy shall be maintained with an 8 foot clearance. A four foot planter strip shall be maintained. Street trees will meet this requirement as well as 4’ planter strip, where possible. Conflicts could be encountered along portions of University and St. Vincent’s where existing structures or utilities exist. No change Common use areas and plazas shall be maintained by a common authority. Attempts shall be made to maintain vegetation, trees, bushes, in undisturbed conditions to serve the aesthetic, recreational and ecological needs of the district. Trees planted in these areas shall be a minimum of two inches in caliper and ten feet in height. Common areas will be maintained by a common authority by private document such as an “Operating and Easement Agreement” between the parties within the project. No change September 23, 2010 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-4953-C 24 Trees greater than 14 inches in diameter, measured at 4 ½ feet above the ground, shall be protected from removal and damages in future development of the district. Any development within 50 feet of such tree shall be reviewed prior to development to assure protective measures are included and in place. There are no trees located on this site. No change Lighting shall conform to the design overlay district standards. The intent is to prevent light from commercial developments from excessively illuminating the property in question, other properties or the night sky. Only light fixtures which are categorized as full cut-off fixtures shall be permitted. The use of fully shielded floodlights are permitted but not encouraged. The maximum allowable fixture mounting height is proposed to be 38 feet. The photometric plan will provide that foot candle at the property line will be zero. No change The ordinance provides for the following specific standards for lighting intensity based upon the activities performed involved. Values are presented in allowable foot candles (fc) maintained (measured horizontally) at grade and are to be averaged throughout the site to avoid hot spots, i.e. areas of extreme light intensity relative to the remainder of the site: Pedestrian areas/sidewalks Minimum 0.2 fc Maximum 1.0 fc Building entries Minimum 1.0 fc Maximum 10.0 fc Street lighting Minimum 0.2 fc Maximum 1.0 fc Pedestrian areas / sidewalks Minimum 5.0 fc Maximum 18.0 fc Building entries Minimum 5.0 fc Maximum 18.0 fc Has not been addressed. September 23, 2010 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-4953-C 25 Parking area Minimum 2.0 fc Maximum 4.0 fc Playgrounds Maximum 5.0 fc Sports grounds Maximum 20.2 fc Site perimeter Maximum 0.5 fc Parking areas Minimum 5.0 fc Maximum 18.0 fc Not applicable. Not applicable. Site perimeter Minimum 5.0 fc Maximum 18.0 fc No change Gas station canopies shall be illuminated at a maximum luminance of thirty (30) fc and individual fixtures shall be flush mounted or have the canopy edge below the lowest light-emitting point on the fixtures. All existing gas station canopies that exceed this standard shall be made compliant within seven (7) years of the date of adoption of this article. Not applicable. No change Up lighting may be used to illuminate a building, landscaping element or architectural feature, provided the lighting design has a maximum luminance of twelve (12) fc, measured in a vertical plane. Down lighting is preferred. Has not been addressed by the applicant. Will comply. A lighting plan shall be submitted for staff review and approval prior to issuance of building permits. The plan shall contain the following information: An area lighting plan, drawn to scale, indicating all structures, parking lots, building entrances, vehicular and Will comply. No change September 23, 2010 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-4953-C 26 pedestrian traffic areas, vegetation that may interfere with lighting, and adjacent land uses that may be adversely impacted by the lighting. The plan shall contain a layout of all proposed fixtures by location, orientation, aiming direction, mounting height and type. The submission shall include, in addition to proposed area lighting, all other exterior lighting, e.g., architectural, building entrance, landscape, flagpole, sign, etc. A ten-foot by ten-foot luminance grid (point-by-point) of maintained foot- candles overlaid on the site plan plotted out to 0.0 foot-candles, which demonstrates compliance with light intensity standards. Property, if for any reason, that cannot be developed without violating the standards of this article shall be reviewed through the planned zoning district (PZD) section of the zoning ordinance, with the intent to devise a workable development plan which is consistent with the purpose and intent of the overlay standards. The property is being considered as a PZD. Staff is continuing to review the site plan. Staff recommendation is forthcoming. PLANNING COMMISSION ACTION: (SEPTEMBER 23, 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 September 23, 2010 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-4953-C 27 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 November 4, 2010, public hearing. A motion was made to defer the item to the November 4, 2010, public hearing. The motion carried by a vote of 7 ayes, 0 noes, 3 absent and 1 open position. September 23, 2010 ITEM NO.: 5 FILE NO.: Z-5442-E NAME: Mitchell Elementary School Revised Short-form PCD LOCATION: Located on the Southwest corner of 24th and Battery Streets DEVELOPER: Mitchell Elementary LLC Dr. George T. Blevins, Jr. 1704 West 19th Street Little Rock, AR 72202 SURVEYOR: Global Surveying Consultants, Inc. 217 West 2nd Street, Suite 100 Little Rock, AR 72201 ARCHITECT: Kwendeche, AIA 2124 Rice Street Little Rock, AR 72202 AREA: 2.502 + acres NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF CURRENT ZONING: PCD ALLOWED USES: Mixed Use Development – Multi-family Residential, Office, Commercial, Public/Quasi Public Uses - Charter School – Gymnasium, Wellness Center, Commercial, Office, Public/Quasi Public, Media Center/Radio Station PROPOSED ZONING: Revised PCD PROPOSED USE: Mixed Use Development - Add Elderly Housing VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: The overall property located at 2410 S. Battery Street is divided into three basic areas: 1) the Main Building – the original structure built in 1908 with approximately September 23, 2010 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-5442-E 2 35,000 square feet including an attached addition, called the Annex; 2) a one story classroom addition with approximately 3,800 square feet; and 3) a single detached classroom building, built in the 1970’s with approximately 1,000 square feet all totaling approximately 39,800 square feet. The property was zoned R-4, Two-family District with a Conditional Use Permit to allow a school. Ordinance No. 20,004 adopted by the Little Rock Board of Directors on July 15, 2008, established the James Mitchell School Short-form PCD. The approval established uses for the site requiring a number of the uses to be reviewed through a revision to the PCD prior to the use locating on the site. The uses which were allowed without a public review were the public-quasi public type uses such as the pre-K-12 educational/day care – supplemental educational services, Saturday academy, summer program, pre-K program and/or day care, meeting space for the Wright Avenue Neighborhood Association. The approval also allowed the owner to operate warehouse space for storage of merchandise for his internet distribution business. There was to be no walk- in customer traffic because the business involved internet sales only. Approved uses which would require review through a revision to the PCD included multi-family residential – 1, 2, 3 bedroom loft apartments, recreation – fitness center and/or police athletic league, dance studio/recording studio, meeting/event rental space – conference/ meetings/ workshop/ wedding receptions and/or parties, eating place inside – café, cafeteria and/or restaurant. Ordinance No. 20,140 adopted by the Little Rock Board of Directors on July 23, 2009, allowed a revision to the PCD zoning. The proposed development activities included a charter school in the main 33,000 square foot building of the former Mitchell Elementary School. The charter school was proposed with 550 students grades 6, 7 and 8 with 48 staff members utilizing 21 classrooms in the main 33,000 square foot building, 5 classrooms in the two existing outer buildings and 4 classrooms in the new gymnasium building. The normal hours of operation of the charter school were from 7 am to 5 pm Monday through Friday. There would also be special programs from time to time such as open house, recitals or other school functions scheduled during the evening or weekend hours. In recognition of the charter school’s need to include physical education in the curriculum, during Phase 2, the developer was to build a two story building, approximately 35,000 square feet on the southwest segment of the site to accommodate the basic physical education needs of the middle school level charter school facility. The charter school’s gym included indoor and rooftop activity space, including an indoor regulation sized basketball court, multi-use with expanding bleachers for school assemblies; aerobics; paddle ball; volley ball; and community functions, locker and shower facilities; administrative office space; and a green roof or eco-roof for energy consciousness advantages as well as an external laboratory for academic projects. During off hours, the gymnasium facility was approved as meeting rental space for events hosted by the Charter School or the Neighborhood Association. September 23, 2010 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-5442-E 3 The new gymnasium facility would be linked by a covered walkway to the main school building A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is now requesting to amend the PCD to add elderly housing as an allowable use for the site. For the last two (2) years, the owner has actively maintained a warehouse space within the Main Building to support on online mail order business and now intends to proceed with the overall redevelopment as a senior citizen housing facility with designated commercial lease spaces. One of the commercial lease spaces will be a resident community laundry (required by ADFA) to be placed both in the new apartment building and in the basement of the Main Building. It is intended that all of the commercial leased spaces will maintain normal daytime operating hours. Given a preliminary review of the available former classrooms and other public areas, it is planned that the main building (approximately 35,000 square feet) will be renovated to accommodate sixteen (16) 2-bedroom units and that a new three-level apartment building (approximately 45,000 square feet) will be constructed on the southwest corner of the site to accommodate forty (40) 2-bedroom units at a minimum of 950 square feet each. The overall development will consist of fifty-six (56) senior citizen housing units. The public corridors in the main building will be renovated as common spaces (passive seating areas) for the residents to interact outside of their private units. A new security station may be included at the north entry lobby to the main building as well as at the basement loading dock area. Commercial lease spaces will occur in the detached four (4) classroom building, the single classroom building, the basement of the main building, the new building and the attic of the main building. The new apartment building will embody a similar architectural character to compliment the original school building, including the use of patterned brick veneer, precast concrete accents and distinctly accentuated window openings. Under the new development plan the owner will abandon the use of the current facility as a warehouse for his online business. Given the use of the property the owner will install two (2) new passenger elevators to serve the residents including access to the attic of the existing building. All existing paved areas will be updated. The existing playground and basketball court will be paved to add additional parking within the development. The site plan indicate the placement of 84 parking spaces. September 23, 2010 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-5442-E 4 The applicant has indicated possible commercial activities include a Daycare center, Photography studio, Office space, After school, Saturday and summer programs for pre K-12 students, Barber/beauty shop and Non-profit office space. B. EXISTING CONDITIONS: The site is a former elementary school campus. The area is predominately residential with a scattering of commercial and office uses located along Roosevelt Road. To the east is a property zoned PCD which was approved for a daycare facility. To the west along Roosevelt Road is a property zoned C-3, General Commercial District which is presently vacant. 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 Downtown Neighborhood Association, the MLK Neighborhood Heritage Enrichment Center, the Southend Coalition, the South End Neighborhood Association and the Wright Avenue Neighborhood Association were notified of the public hearing. Staff has received a letter of support from the Wight Avenue Neighborhood Association. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. A 20 foot radial dedication of right-of-way is required at the intersection of Roosevelt Road/South Summit Avenue; South Summit Avenue/West 24th Street; West 24th Street/Battery Street; and South Battery Street/Roosevelt Road. 2. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 3. Roosevelt Road is classified on the Master Street Plan as a principal arterial with special design standards. Dedication of right-of-way to 35 feet from centerline will be required. 4. Due to the proposed use of the property, the Master Street Plan specifies that Battery Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. September 23, 2010 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-5442-E 5 E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Capacity Analysis required prior to final platting. 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. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZA) 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. Contact Central Arkansas Water if additional fire protection or metered water service is required. 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. Fire Department: Fire hydrants may be required for sprinkler system. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is located on CATA Bus Route #14, the Rosedale Route. Parks and Recreation: No comment received. September 23, 2010 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-5442-E 6 F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Central City Planning District. The Land Use Plan shows Mixed Use for this property. The applicant has applied for revised Short-form Planned Commercial Development. The proposed uses are to include residential and commercial. 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 property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. Master Street Plan: Roosevelt Road is shown as a Principal Arterial. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Roosevelt Road since it is a Principal Arterial. Battery Street 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: There are no bike routes shown in the immediate vicinity. Landscape: 1. Site plan must comply with the City’s minimal landscape and buffer ordinance requirements. 2. The zoning street buffer requires a nine-foot wide (9’) street buffer around the sites entirety. This site is located within the “Mature Area” of the City; therefore, the street buffer can be reduced to six foot nine inches (6’-9”) in hardship cases. 3. The landscape ordinance requires a nine-foot wide (9’) landscape strip around the sites entirety. This site is located within the “Mature Area” of the City; therefore, the perimeter landscape strip can be reduced to six foot nine inches (6’-9”) in hardship cases. 4. An automatic irrigation system to water landscaped areas will be required. 5. Prior to the issuance of a building permit, it will be necessary to provide an approved landscape plan stamped with the seal of a Registered Landscape Architect. September 23, 2010 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-5442-E 7 6. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (September 2, 2010) Kwendeche and Dr. Blevins were present representing the request. Staff presented an overview of the request stating there were additional items necessary to complete the review process. Staff stated the cover letter indicated commercial areas within the development in each of the buildings. Staff requested the total square footage within each building proposed for commercial activities. Staff stated the cover letter indicated the uses as commercial activities as allowed in the Quiet Office designation. Staff requested Kwendeche more clearly define the proposed uses. Staff stated a number of questions had been raised by the neighbors and requested these items be addressed in the revised cover letter. Staff stated the area residents were requesting assurance the development would be architecturally compatible with the existing structures and the units would be restricted to elderly persons. Public Works comments were addressed. Staff stated radial dedications would be required at the intersections of the abutting streets. Staff stated a dedication of right of way 35-feet from centerline was required along Roosevelt Road. Staff stated Battery Street would also require a right of way dedication of 30 feet from centerline. Landscaping comments were addressed. Staff stated the buffer ordinance and the landscape ordinance both required a perimeter landscape strip of nine (9) feet around the site’s perimeter. Staff stated the site was located within the designated “Mature Area of the City” and both ordinances allowed the landscape strip to be reduced to six feet nine inches (6’9”) when a hardship could be demonstrated. Staff stated an automatic irrigation system would be required to water landscaped areas. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing the issues raised at the September 2, 2010, Subdivision Committee meeting. The applicant has September 23, 2010 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-5442-E 8 indicated the commercial area in the attic of the main building is approximately 5,000 square feet, in the basement 2,000 square feet and in the new building approximately 2,000 square feet. The commercial lease space located in the stand-alone building near the intersection of South Battery Street and Roosevelt Road is 3,800 square feet. The retail uses proposed are as were previously approved; includes leased office space, a daycare center, computer services for training and service, beauty/barber shop, photographic studio. Other potential uses include an after school, Saturday and summer programs for pre K-12 students and office space for a non-profit organization. The applicant has indicated the proposed laundry facilities are for residents only. Ancillary services are anticipated to serve the needs of the seniors, including “Meals on Wheels”, use of the existing kitchen and cafeteria for special events (birthday parties, receptions, family-oriented functions), and specialized transportation services for trips to the doctor’s office, food markets, churches and schools. In addition the site is located on a dedicated CATA Bus Route. The storage space located in the basement will also be limited to storage for residents only. The applicant has indicated there is a potential that in the future the kitchen will be opened to provide on-site meals for residents. The site plan indicates the placement of dumpsters on the interior of the development. The applicant has indicated the hours will be restricted to weekdays during daylight hours. The applicant has indicated the existing building will be renovated to accommodate sixteen (16) 2-bedroom units and that a new three-level apartment building (approximately 45,000 square feet) will be constructed on the southwest corner of the site to accommodate forty (40) 2-bedroom units all with a minimum of 950 square feet each. The overall development will consist of fifty-six (56) senior citizen housing units. The cover letter indicated the new construction will be conventional steel structural framed building with concrete decked floors. Brick and precast concrete exterior cladding will be used. The existing structure is located on the National Register of Historic Places so all renovation work will be done in strict accordance with the Secretary of Interior’s Standards for Rehabilitation of Historic Properties. The new construction will take into account the historic significance of the existing structure with regard to design and construction materials. Funding for the development is from private sources and grants. The site will maintain outdoor green spaces to allow the residents areas for outdoor living space. The site plan indicates the placement of 84 parking spaces to serve the development. Parking for an elderly housing development typically requires 0.5 spaces per unit. The development is indicated as a mixed use development September 23, 2010 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-5442-E 9 containing office, commercial and residential uses. Staff feels the parking as proposed is adequate to serve the development. The revised site plan indicates the site is located within the “Designated Mature Area” of the City which allows a reduction in the required landscape strip from nine (9) feet to six feet nine inches (6’9”). The site plan as proposed complies with this minimum requirement. The applicant has not addressed signage. Staff recommends signage should comply with signage allowed in office zones. Ground signage would be allowed with a maximum height of six feet and a maximum sign area of sixty-four square feet. Building signage would be allowed with a maximum of ten percent of the façade area abutting a public street. Staff is supportive of the request. With the original approval multi-family in 1, 2 and 3 bedroom lots was an option listed for redevelopment of the site through a revision to the PCD. The use of the property as elderly housing should limit the number of trips generated from the site since elderly residents typically are not working on a daily basis. The applicant has indicated the residency of the property will be for elderly residents 55 years plus. The applicant will follow the Federal Guidelines for residency and occupancy of the units. Staff does not feel the commercial uses will negatively impact the development or the area. The original approval allowed for a larger percentage of the site to be used as retail/office uses and with the current request the retail/office uses are limited to less than 10,000 square feet. To staff’s knowledge there are no outstanding issues associated with the request. Staff feels the development of the site as proposed is an appropriate use. 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 signage be limited to signage allowed in office zones. PLANNING COMMISSION ACTION: (SEPTEMBER 23, 2010) The applicant was present representing the request. There were registered objectors present. Staff presented the item with a recommendation of approval of the request. September 23, 2010 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-5442-E 10 Kwendeche addressed the Commission on the merits of the request. He stated the request was to add senior citizen housing as an allowable use for the property. He stated the development would be constructed in a manner as to maintain the historical status of the existing building. He stated the new building would contain up to 40 units of elderly housing. He stated there had been three presentations to the neighborhood to receive input and provide additional information. He stated the new building would be constructed in a complimentary manner but would not be designed to mimic the existing building. He stated all renovations would take place in accordance with State and Federal Guidelines for renovations of historic structures. He stated the development would provide areas of passive open spaces for the residents including wide hallways. He stated the development was proposed as a secure development with limited access to the parking areas. Mr. James Floyd and Mr. Rocky Herman filled out cards in support but did not wish to address the Commission. Ms. Annie Abrams addressed the Commission not in support nor opposition of the request. She stated the residents were concerned with the development because there was not enough information to allow residents the opportunity to determine if they were in favor or opposed to the request. She stated a number of the residents felt intimidate when questions were asked of the applicant. She stated the Neighborhood Association had voted to support the request but did not follow the Memorandum of Understanding. She stated the residents had a right to question the impact of the development on the neighborhood but the applicant had not been forthcoming with answers. Ms. Jennifer Carman addressed the Commission in opposition of the request. She stated her home was located at 2315 South Summit Street. She stated the residents in the area had purchased their homes after a number of years of neglect and had sent considerable money to rehab the homes. She stated a number of the homes were located on the historic register. She stated Mitchell School was the crown jewel of the neighborhood. She stated there was a lack of information concerning the proposed development. She stated there was a concern that the second building would look out of character with the existing structure. She stated the new building as proposed would be the second largest building in the District second only to Central High School. She stated residents were in support of a charter school. She stated persons at the charter school would be gone by 5:00 pm and on weekends. She stated the residents were in support of allow the existing building to be converted to elderly housing but the concern was the addition of the second building. She stated there would be 112 bedrooms located on the site which would generate a significant amount of traffic. She stated the residents were concerned with the applicant’s ability to manage the project as far as development and financing. She stated the residents were also concerned the rehabilitation would not be in keeping with the federal requirements thus jeopardizing the status of the remaining homes in the area. September 23, 2010 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-5442-E 11 Ms. Claretha Nelson addressed the Commission in opposition of the request. She stated the developer had a Memorandum of Understanding with the Neighborhood Association which outlined various steps necessary to revise the zoning for the building. She stated the developer did not follow the MOU and was in violation of the MOU. She stated the developer had bypassed the Executive Committee and gone straight to the Neighborhood Association for a vote. She stated the residents were concerned with the developer not following the MOU. She stated the developer had met with the residents but the meeting place was not conducive to a meeting. She stated there were no chairs and no air-conditioning. She stated in her opinion this only reinforced the developers lack of concern for the neighborhood. Ms. Carrie Porter addressed the Commission in opposition of the request. She stated her home was located across the street from Mitchell School. She stated the residents were concerned with property values and the future development of the school. She stated there were a number of apartments located in the area and a number of those were currently vacant. She stated the residents questioned who were the investors. She stated Dr. Blevins had indicated he would not divulge this information. She stated the residents were concerned with who would manage the development once completed. She questioned the financing of the development including the percentage of federal funds, private funds and the applicant’s funds. She questioned the design of the new structure. She stated the elevation provided to the neighborhood looked like a building on stilts. She stated her concern was Dr. Blevins had never done a project like this before and questioned his ability to complete the project in accordance with the historical guidelines. Ms. Donna Thomas addressed the Commission in opposition of the request. She stated she was currently remodeling two homes across the street from Mitchell School. She stated her renovations were to historical standards. She stated her concern was the development and renovation proposed by the developer were not in keeping with the redevelopment standards set forth by the State. She stated the area was predominately single-family owner occupied units. She stated the residents were not opposed to a school but were opposed to 40 units of residential housing. She stated the residents had not been given enough information to base a decision of support. Dr. George Blevins addressed the Commission on the merits of the request. He stated the development was good for the neighborhood. He stated the budget for the project had not been completely developed but the project was in excess of $7 million dollars. He stated there was a MOU with the neighborhood but this was not an issue to be considered by the Commission. He stated once it was brought to his attention he and the Association members corrected the steps and the MOU was now being followed. He stated in research he had found that Arkansas ranked 48th in senior poverty. He stated the units were needed. He stated he had shared as much information as he had September 23, 2010 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-5442-E 12 concerning the development. He stated the only thing he had not shared was the investors for the project. He stated the development was proposed with ADFA funding but there were no plans to seek Section 8 or HUD 202 funds. He stated the development would provide secured access. There was a general discussion by the Commission concerning funding and the Commission’s role in the past concerning funding of developments. Commissioner Devine stated during his term he was unaware of the Commission imposing a condition on a developer concerning funding. He stated the development was not the Commission’s risk but the developer’s risk. The Commission questioned if the project would be completed in a single phase or in multiple phases. Dr. Blevins stated the development would be completed in a single phase. He stated the second building was necessary to make the numbers work for the development. The Commission questioned the architectural style of the new construction. Dr. Blevins stated the new construction would not be the same as the existing structure. He stated plans would be submitted to the State Historic Commission for review and comment. He stated the guidelines of the Secretary of the Interior would be followed. He stated he would not jeopardize the historical status of the existing building. Commissioner Laha questioned if there would be meeting space available for the Neighborhood Association within the buildings. Dr. Blevins stated there would be meeting space available for the Neighborhood Association. Dr. Blevins stated within the MOU there was also a provision that the Neighborhood Association would receive three to five percent of the profits from the operations of the site. There was a general discussion concerning the design of the new building. The Commission questioned if Dr. Blevins was willing to make a part of his application request a requirement that the applicant would submit the plans to the State Historic Commission for review of the design plans prior to construction. Dr. Blevins stated he was willing to condition the approval on submission of the plans to the State Historic District for review prior to construction. There was no further discussion of the item. A motion was made to approve the request. The motion carried by a vote of 7 ayes, 0 noes, 3 absent and 1 open position. September 23, 2010 ITEM NO.: 6 FILE NO.: Z-7008-C NAME: Kanis Office Park Revised Short-form POD LOCATION: Located at 18425 Kanis Road DEVELOPER: Engineering Systems Group LLC 18425 Kanis Road Little Rock, AR 72223 ENGINEER: White Daters and Associates #24 Rahling Circle Little Rock, AR 72223 AREA: 0.85 acres NUMBER OF LOTS: 2 FT. NEW STREET: 0 LF CURRENT ZONING: POD ALLOWED USES: General and Professional Office PROPOSED ZONING: Revised POD – Larger Building on Lot 3 PROPOSED USE: General and Professional Office VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: Ordinance No. 18,918 adopted by the Little Rock Board of Directors on August 19, 2003, rezoned the property from R-2, Single-family to POD and established ESG Short- form POD. The site contained 1.4 acres. The approval allowed the placement of three (3) structures on the site in three (3) Phases. The first phase consisted of the construction of a small office of approximately 1,000 square feet in area an additional office building would be constructed with Phase II also containing 1,000 square feet. Phase III a third office building with approximately 3,500 square feet was also approved. The structures were to be aesthetically pleasing; the architectural style was to be more residential than commercial in design. The approval allowed three (3) employees in the Phase I building with little traffic to the site since most of the activity took place off site at September 23, 2010 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-7008-C 2 the customer’s place of business. Phase II and III buildings were to be marketed to similar type uses. General and professional office users for the buildings were approved. The hours of operation were from 7:30 am to 5:30 pm Monday through Friday. The parking would be phased with the building construction. No ground signage, only wall signage on each of the buildings, was approved. Ordinance No. 20,225 adopted by the Little Rock Board of Directors on March 2, 2010, allowed a revision to the POD. The approval allowed the POD to expand to the west which included proposed Lot 3. The lot area for Lot 3 was 0.45 acres. An existing office building was located on Lot 1. Lot 2 remained zoned R-2, Single-family and would be held for future development. The development was proposed in two (2) phases. Phase I consisted of the existing building on proposed Lot 1 and a second office building on proposed Lot 3. Phase II was the development of Lot 2 which remained zoned single-family and would not be developed until the developer was able to annex the site into the corporate limits of the City of Little Rock to receive sewer service. Ordinance No. 20,278 adopted by the Little Rock Board of Directors on June 1, 2010, allowed for a deferral of the Boundary Street Ordinance requirement of street construction to Kanis Road for five (5) years or until the development of Lot 2 or until adjacent development occurs whichever occurred first. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The current request is a revision to the previously approved POD to allow Lot 3 to increase the allowable square footage and allow the lot to develop with a two (2) story office building containing 6,500 square feet. The building envelope will not increase from the previous approval. The site is proposed with cross access and parking easement with a total of 29 parking spaces available for the two (2) office buildings. The proposed uses of the property remain as was previously approved with general and professional office uses. The site will not utilize ground signage, only building signage will be used. The hours of operation are from 7:30 am to 5:30 pm Monday through Friday. B. EXISTING CONDITIONS: There is an office building constructed on the eastern portion of the site (proposed Lot 1). The building has a brick façade and was constructed with two office bays. Lot 2, the area to the south, is heavily wooded and remains zoned R-2, Single-family. The structures located on proposed Lot 3 were recently removed. This section of Kanis Road is primarily residential with homes located on acreage. East of the site is a utility power line and farther east is a utility substation. Also east of the site and north of Kanis Road is property zoned PCD which was approved for the development of a strip retail center and September 23, 2010 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-7008-C 3 mini-warehouse. West of the site, at the intersection of Kanis and Denny Roads, is a church and two (2) commercial businesses, a beauty salon and Plant/Plant which provides plants for commercial businesses. 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 and the Coalition of West Little Rock Neighborhoods were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Kanis Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. 2. With site development, provide the design of the street conforming to the Master Street Plan. Construct one-half street improvement to Kanis Road including 5-foot sidewalks with the planned development. An ordinance for a 5-year deferral of one-half street improvements to Kanis Road was approved by the Board of Directors in June 2010. 3. Stormwater detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. 4. If disturbed area is one (1) or more acres, obtain a NPDES stormwater permit from the Arkansas Department of Environmental Quality prior to the start of construction. 5. On site striping and signage plans should be forwarded to Public Works, Traffic Engineering for approval with the site development package. 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. 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). 8. Sidewalk with access ramps should extend five (5) feet east of the proposed driveway on the east property line. September 23, 2010 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-7008-C 4 9. When property is annexed, 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. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: The site is outside the service boundary. No City sewer service is available. Provide a certification from the Arkansas Department of Health concerning the proposed wastewater treatment system prior to final platting. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: This project is within Water Improvement District 349 and there may be charges assessed by the Improvement District in conjunction with water service to this property. All Central Arkansas Water requirements in effect at the time of request for water service must be met. Development on Lot 2 will require a main extension. A Capital Investment Charge based on the size of the meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all meter connections including any metered connections off the private fire system. Additional fire hydrant(s) may be required. Contact the Little Rock Fire Department and the area volunteer 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). This development will have minor impact on the existing water distribution system. 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. Fire Department: The site is located outside the City limits. Provide acknowledgement from the West Pulaski County Volunteer Fire Department of this project. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. September 23, 2010 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-7008-C 5 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 Residential Low Density for this property. The applicant has applied for a revised Short-form POD. This revision is to an existing Planned Office Development approved in 2003 and is to make one (1) of the two (2) buildings two-stories in height. No new use areas are proposed with the revision. 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. 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 on pedestrians. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class III is shown along Kanis 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 minimal landscape and buffer ordinance requirements. 2. All the onsite landscaping is to be in good condition or replaced in conjunction with this application. G. SUBDIVISION COMMITTEE COMMENT: (September 2, 2010) Mr. Joe White of White-Daters and Associates was present representing the request. Staff presented an overview stating there were few outstanding technical issues associated with the request. Staff stated the item was reviewed and approved in early 2010 to allow the site to develop with two (2) single story office buildings. Staff stated the current request was to allow the western most office building to develop with a two story structure. Staff stated there were no other changes proposed to the previous approval. Staff stated the proposed use and hours would remain the same. September 23, 2010 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-7008-C 6 Staff stated in June the Board of Directors adopted an ordinance deferring the required boundary street improvements for a period of five (5) years, until adjacent development occurred or until the development of Lot 2 which was located to the rear (south) of the proposed office development. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: There were no outstanding issues raised at the September 2, 1010, Subdivision Committee meeting. The request is to amend the previously approved POD to allow the building located on proposed Lot 3 to increase in height from a single story building to a two story building and the total square footage to increase to 6,500 square feet. The building envelope will not increase from the previous approval or a total of 4,300 square feet. The office located on Lot 1 contains 2,326 square feet. The building located on Lot 3 contains a total of 6,500 square feet. The site is proposed with cross access and parking easement with a total of 29 parking spaces available for the two (2) office buildings. The site plan indicates twelve (12) parking spaces to serve the office use located on Lot 1 and seventeen (17) spaces to serve the office building located on Lot 3. The ordinance would typically require the placement of five (5) spaces to serve the existing office building and sixteen (16) spaces to serve the new office use. The twenty-nine (29) parking spaces shared between the two lots is more than adequate to serve the office uses. The proposed uses of the property remain as were previously approved with general and professional office uses as the allowable uses for the site. The previous approval allowed office hours of operation were from 7:30 am to 5:30 pm Monday through Friday. The applicant has not requested a modification to the hours of operation for the new office building. No ground signage was approved with the original request only wall signage on each of the buildings. The current request does not include ground signage. Wall signage is proposed as typically allowed in office zones or a maximum of ten percent of the façade area abutting the public street. Staff is supportive of the request. Staff does not feel the additional square footage proposed for office uses will significantly impact the development or the area. September 23, 2010 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-7008-C 7 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: (SEPTEMBER 23, 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 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 of approval of the item on the consent agenda as presented by staff. The motion carried by a vote of 7 ayes, 0 noes, 3 absent and 1 open position. September 23, 2010 ITEM NO.: 7 FILE NO.: Z-8585 NAME: National Property Holdings Short-form PID LOCATION: Located at 1608 Nichols Street DEVELOPER: National Property Holdings 1608 Nichols Road P.O. Box 17386 Little Rock, AR 72222 SURVEYOR: Brooks Surveying, Inc 20820 Arch Street Pike Hensley, AR 72065 AREA: 0.61 acres NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family – Non-conforming ALLOWED USES: Contractor’s Office PROPOSED ZONING: PID PROPOSED USE: Contractor’s Office/Warehouse VARIANCES/WAIVERS REQUESTED: None requested. The applicant submitted a request dated September 8, 2010, requesting a deferral of this item to the November 4, 2010, public hearing. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (SEPTEMBER 23, 2010) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated September 8, 2010, requesting a deferral of this item to the November 4, 2010, public hearing. Staff stated they were supportive of the deferral request. September 23, 2010 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-8585 2 There was no further discussion of the item. The chair entertained a motion of approval of the item on the consent agenda as presented by staff. The motion carried by a vote of 7 ayes, 0 noes, 3 absent and 1 open position. September 23, 2010 ITEM NO.: 8 FILE NO.: Z-8586 NAME: Evans Short-form PCD LOCATION: Located at 19012 Colonel Glenn Road DEVELOPER: John T. Evans 3046 East Caballero Street Mesa, AZ 85213 SURVEYOR: Smith Goodson, PLLC 7509 Cantrell Road Little Rock, AR 72207 AREA: 0.402 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family ALLOWED USES: Single-family residential PROPOSED ZONING: PCD PROPOSED USE: General Retail Uses VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is requesting a rezoning of the site located at 19102 Colonel Glenn Road from its present R-2/C-3 Non-conforming to PCD to allow the use of the property for C-3, General Commercial District uses. The applicant has indicated the property is for sale and the allowance of the C-3 uses increases the marketability of the property. In the past the property has been used as a convenience store (there are no gas tanks or pumps on the site), a printing shop and a retail outlet. The applicant has indicated more specific potential uses for the site include a convenience store, a retail outlet or small private enterprise but is requesting to maintain options for redevelopment. September 23, 2010 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-8586 2 The building presently has a sign affixed to the top of the structure that is seventeen (17) feet long by two (2) feet high or thirty-four (34) square feet. There is also a pole sign located along Colonel Glenn Road. The pole for the sign is six (6) feet high without a sign face. The proposal is to allow an eight (8) foot by four (4) foot sign face for a total of thirty-two (32) square feet of sign area. B. EXISTING CONDITIONS: The site contains a commercial building originally constructed as a neighborhood grocery or convenience store. The development did not include the construction of gas pumps. Across Colonel Glenn Road is an industrial business and a cemetery. Northeast and northwest of the site are residential uses. Other uses in the area include churches, single-family residences and multi-family residences. 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 and Southwest Little Rock United for Progress were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Colonel Glenn Road is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to 30 feet from centerline will be required due to constraints on site. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: The site is located outside the service boundary. No City sewer service is available. Provide certification of the existing wastewater treatment system from the Arkansas Department of Health. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. September 23, 2010 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-8586 3 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. 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: The site is located outside the City limits of Little Rock. Provide acknowledgement from the area volunteer fire department of the project and their ability to serve the site. 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 Commercial for this property. The applicant has applied for a rezoning from R-2, Single-family to Planned Commercial Development. 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. September 23, 2010 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-8586 4 Master Street Plan: Colonel Glenn Road is a Principal Arterial. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Colonel Glenn Road since it is a Principal Arterial. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes shown in the immediate vicinity. Landscape: 1. Site plan must comply with the City’s minimal landscape and buffer ordinance requirements. 2. If rehabilitation of the building exceeds fifty percent (50%) or more of the replacement cost of the building then the landscaping must come into compliance accordingly. 3. Any/all new parking areas must be landscaped in accordance to Chapter 15, the Landscape Ordinance. 4. Planting additional trees on this site is both recommended and appreciated. G. SUBDIVISION COMMITTEE COMMENT: (September 2, 2010) The applicant was not present. Staff stated the site was located outside the City limits but within the City’s Extraterritorial Planning Jurisdiction. Staff stated the applicant was requesting to rezone the site from Single-family to PCD to allow the use of an existing convenience store as a commercial use. Staff stated there were few outstanding technical issues in need of addressing associated with the request. Staff stated they would work with the applicant to resolve any issues. 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 raised at the September 2, 2010, Subdivision Committee meeting. The rezoning request is to allow the property located at 19102 Colonel Glenn Road to be rezoned from the present R-2 with a C-3 Non-conforming to PCD. The approval would allow the use of the property for C-3, General Commercial District uses. September 23, 2010 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-8586 5 According to the applicant’s cover letter, in the past the property has been used as a convenience store, a printing shop and a retail outlet. The site does not contain gas pumps. The building contains approximately 1,600 square feet. There are ten parking spaces located on site. The applicant has indicated based on the square footage of the structure there are limited retail uses which could locate within the building. The applicant is proposing to reuse the existing signage located on the site. The building signage is seventeen (17) feet long by two (2) feet high or thirty-four (34) square feet roof mounted sign. As currently exists this sign is not legal under the City’s sign ordinance. The applicant will be required to convert the sign to a mansard sign for the sign to remain. There is an existing pole for a sign located along Colonel Glenn Road. The sign does not have a sign face. The request includes the allowance of a sign six (6) feet high with a sign face proposed eight (8) feet by four (4) feet for a total of thirty-two (32) square feet of sign area. Staff is generally supportive of the request. The applicant is seeking a rezoning of an existing commercial structure to allow the reuse of the building with C-3, General Commercial District uses. Staff feels based on the limited parking the reuse of the building should match the parking available on the site. Otherwise to staff’s knowledge there are no outstanding technical issues associated with the request. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends the reuse of the building match the parking available on the site. Staff recommends the existing roof sign be removed or redesigned to comply with the City’s sign ordinance. All uses must take place within the enclosed building. PLANNING COMMISSION ACTION: (SEPTEMBER 23, 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 September 23, 2010 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-8586 6 the agenda staff report. Staff presented a recommendation the reuse of the building match the parking available on the site and the existing roof sign be removed or redesigned to comply with the City’s sign ordinance. Staff presented a recommendation that all uses were to take place within the enclosed building. There was no further discussion of the item. The chair entertained a motion of approval of the item on the consent agenda as presented by staff. The motion carried by a vote of 7 ayes, 0 noes, 3 absent and 1 open position. September 23, 2010 ITEM NO.: 9 FILE NO.: Z-8587 NAME: AAA Lock and Key Service Short-form PCD LOCATION: Located at 5621 Young Road DEVELOPER: AAA Lock and Key Service Attn. David Noble 4013 Baseline Road Little Rock, AR 72209 ENGINEER: Laha Engineers 6602 Baseline Road, Suite E Little Rock, AR 72209 AREA: 1.06 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family – Non-conforming ALLOWED USES: Single-family PROPOSED ZONING: PCD PROPOSED USE: Office/Warehouse/Showroom VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The site contains an existing one story metal building with paved parking located along the western side of the building. The building contains 8,000 square feet and was constructed as an office/warehouse. There is a loading dock located along Young Road. Access to the loading dock is via a graveled drive extending from the paved parking to the dock area. An existing chain link fence is located around an outdoor storage area located to the east of the site. The applicant is proposing a rezoning of the site to PCD to allow the use of the building as an office/showroom/warehouse for the applicant’s safe and vault September 23, 2010 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-8587 2 division of the existing lock and key business. The site will be used for showroom and display of various safe and vault models. B. EXISTING CONDITIONS: The building located at 5621 Young Road is a single story metal building. A loading dock has been added to the northern façade of the building adjacent to Young Road. Access to the loading dock is via a graveled drive extending from the paved parking and drive located on the west side of the building. There is a six foot chain link fence around the perimeter of the site within the exception of the frontage along Young Road. Within the eastern portion of the property there is a large grassed area enclosed within the fence. Other uses in the area include a church, single-family homes and Interstate 30 is located along the western boundary of the property. Indicated on the survey is a 40 foot dedicated City street located along the eastern perimeter. The street has not been opened. 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 Upper Baseline Neighborhood Association, Wakefield Neighborhood Association and Southwest Little Rock United for Progress were notified of the public hearing. Southwest Little Rock United for Progress voted to support the request at their September association meeting. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Young Road is classified on the Master Street Plan as a collector street. A dedication of right-of-way 30 feet from centerline will be required. 2. The existing west driveway apron should be removed and curb and gutter installed. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this property. Entergy: No comment received. September 23, 2010 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-8587 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. 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: 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 65th Street East Planning District. The Land Use Plan shows Mixed Use for this property. The applicant has applied for a rezoning from R-2, Single-family to Planned Commercial Development for a safe and vault office/showroom/warehouse. 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 Geyer September 23, 2010 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-8587 4 Springs Wakefield Neighborhood Plan. Their Land Use and Zoning Goal states: “Encourage developers to use the Planned Zoning Development (PZD) form of zoning rather than straight zoning to ensure appropriate businesses are brought into the neighborhood.” Master Street Plan: Young Road is a Collector. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. The street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class III is shown along Young 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 minimal landscape and buffer ordinance requirements. 2. If rehabilitation of the building exceeds fifty percent (50%) or more of the replacement cost of the building then the landscaping must come into compliance accordingly. 3. Any/all new paved areas must be landscaped in accordance to Chapter 15, the Landscape Ordinance. G. SUBDIVISION COMMITTEE COMMENT: (September 2, 2010) Mr. David Noble was present representing the request. Staff presented the item stating there were technical issues in need of addressing prior to the Commission acting on the request. Staff stated all wheeled surfaces were to be paved. Staff questioned if the existing loading dock would remain. Mr. Noble stated for the short-term the loading dock would remain but the intent was to remove the dock in the future. Staff stated additional paving and landscaping would be required at the time of renovation to the building. Mr. Noble stated he would be accessing the rear of the building to store his vehicles in the building and he would drive along Young Road to the east to access the existing gate. Staff stated a new drive would be allowed along the eastern perimeter of the site which would then eliminate the need for the existing graveled drive. Staff stated the existing parking area would need to be defined and the parking spaces striped. Staff questioned what landscape upgrades would be provided to the site. Public Works comments were addressed. Staff stated the western-most drive should be removed and the additional eastern drive would be allowed. Staff stated Young Road was classified on the Master Street Plan as a commercial September 23, 2010 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-8587 5 street which would require an additional five (5) foot right of way dedication. Staff stated no sidewalk would be required since there were sidewalks located on the north side of Young Road. Landscaping comments were addressed. Staff stated with the upgrades to the building additional landscaping would possibly be required. 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 September 2, 2010, Subdivision Committee meeting. The drawing indicates the loading dock located along Young Road will be removed and landscaping will be installed along the street. The site plan indicates the placement of a drive along the eastern side of the building and a paved driveway to allow access to the building for the storage of vehicles and equipment. The revised plan indicates bumpers will be placed around the existing parking area located on the west side of the building. The western-most drive will be removed as requested by Public Works staff. The site contains an existing one story metal building with paved parking located along the western side of the building. The building contains 8,000 square feet as was constructed as an office/warehouse. The existing chain link fence located around the outdoor storage area on the east of the building will be maintained. The request is a rezoning from R-2, Single-family to PCD to allow the use of the building as an office/showroom/warehouse for the safe and vault division of the applicant’s lock and key business. The applicant has indicated the primary use of the site is for storage of new and used safes and vaults. The site will also be used to store a safe moving trailer and equipment. The showroom will be provided to allow customers to view safes prior to purchase. The site will also be used for safe and vault repair which have been damaged or burglarized. The cover letter indicates one to two employees with a maximum of five employees utilizing the site. The hours of operation are from 8:00 am to 9:00 pm daily. The applicant has indicated there will be little customer traffic to the site and most access will be by appointment only. September 23, 2010 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-8587 6 The site plan does not indicate the placement of a dumpster on site. According to the applicant little to no waste will be generated from this site. The site plan does not propose signage. Staff recommends should signage be desired in the future building signage be allowed as allowed in office zones or a maximum of ten percent of the façade area abutting a public street. Staff recommends ground signage be limited to a maximum height of six (6) feet and a maximum sign area of sixty-four (64) square feet. The applicant is requesting twelve (12) months to remove the loading dock and install the landscaping along Young Road. According to the applicant there are a number of renovations necessary to bring the building back to an occupancy level including the installation of new heat and air units. The applicant has indicated all efforts will be made to install the new landscaping at the proper planting time. According to the site plan street trees will be installed with a 30-foot spacing along Young Road with a minimum of five new trees added. Shrubs will be installed with a 6-foot spacing with a minimum of 38 shrubs installed. An irrigation system is not proposed but a water source within 75-feet of the landscaped areas will be provided. Staff is supportive of the applicant’s request and the request to allow time for removal of the loading dock and the installation of the landscaping. Staff feels the applicant is making a good faith effort to upgrade this site with the addition of landscaping, removal of the loading dock and the rehabbing of this existing building. To staff’s knowledge there are no outstanding technical issues in need of addressing related to the site plan. Staff feels the use of this site as an office/showroom/warehouse is an appropriate use for the property. 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 signage be limited to signage allowed in office zones. All uses are to be limited to within the enclosed building. September 23, 2010 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-8587 7 PLANNING COMMISSION ACTION: (SEPTEMBER 23, 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 signage be limited to signage allowed in office zones and that all uses were limited to within the enclosed building. There was no further discussion of the item. The chair entertained a motion of approval of the item on the consent agenda as presented by staff. The motion carried by a vote of 7 ayes, 0 noes, 3 absent and 1 open position. September 23, 2010 ITEM NO.: 10 FILE NO.: Z-8588 NAME: Hilaro Springs Properties Short-form PCD LOCATION: Located at 9200 – 9312 Hilaro Springs Road DEVELOPER: Hilaro Springs Properties, LLC 9300 Hilaro Springs Road Little Rock, AR 72209 SURVEYOR: Brooks Surveying, Inc. 20820 Arch Street Pike Hensley, AR 72065 AREA: 6.26 acres NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family – Non-conforming ALLOWED USES: Single-family, Duplex, Manufactured Housing, Church, Barber Shop PROPOSED ZONING: PCD PROPOSED USE: Selected Commercial and Residential uses VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The property located at 9200 – 9312 Hilaro Springs Road is currently zoned R-2, Single-family with a number of residential and non-residential buildings located on several lots which make-up the property. The applicant is requesting a rezoning of the property to recognize the existing two-family residences, the manufactured homes and allow specific commercial uses to locate within the non-residential buildings. There are a number of lots located within the area proposed for rezoning. The combined area of the property is 4.28 acres. The buildings currently exist and the request for rezoning is to allow specific possible uses of non-residential buildings. September 23, 2010 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-8588 2 The property located at 9200 #1 Hilaro Springs Road contains a 750 square foot masonry building which previously housed a commercial use. The uses proposed for this building include Book or stationary store, Duplication shop, Laundromat – residents use only, Office, general or professional, Beauty supplies, Mobile telephone shop. The property located at 9200 #2 Hilaro Springs Road contains a 1,000 square foot masonry building and the uses proposed for the building include Barber or beauty shop, Book or stationary store, Office, general or professional. The request is to allow a single free standing 6 foot sign, not to exceed 60 square feet in area to serve 9200 Hilaro Springs Road # 1 and #2. Building signage is proposed consistent with signage allowed in commercial zones or a maximum of ten percent of the façade area. The property located at 9200 #3 Hilaro Springs Road contains a 1,700 square foot wood frame single-family residence. The property currently does not meet City standards for occupancy. The applicant intends to refurbished the structure as a single-family residence between now and the end of 2012. The property located at 9200 # 4 - 13 Hilaro Springs Road contains an existing ten (10) space mobile home park. Presently one of the homes meets City standard and is rented. Three of the units are being refurbished to meet City standard and will be completed between now and the end of 2011. Six of the units will be replaced between now and the end of 2012. The property located at 9300 Hilaro Springs Road is occupied by a single manufactured home. This property is where the property management couple resides. 9300-A Hilaro Springs Road is occupied by a 1,748 square foot wood frame single-family residence which is currently vacant. The property does not meet standards and is to be refurbished as a single-family residence between now and the end of 2012. 9300-B Hilaro Springs Road contains a 1,633 square foot wood frame structure which previously housed a commercial use. The applicant is requesting the following uses as allowable uses for the structure: Cabinet and woodwork shop, Handicraft, ceramic, sculpture or similar art work, Upholstery shop, auto, Upholstery shop, furniture, Vehicle maintenance or repair - no public repair. 9300-C Hilaro Springs Road contains a 4,000 sqaure foot frame structure which was previously used for commercial uses The request is to allow the use of the building with the following uses: Antique shop with repair, Antique shop without September 23, 2010 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-8588 3 repair, Appliance repair, Auto parts and accessory sales without parts installation, Book or stationary store, Bus or truck storage, Cabinet and woodwork shop, Catering, commercial, Catering/home cooking, Church, Clinic (medical, dental, optical), Day care center, Day care center, adult, Handicraft, ceramic, sculpture or similar art work, Hobby Shop, Landscape service, Mini-warehouse, Office, general or professional, Office, showroom and warehouse, Plumbing, electrical, air conditioning and heating shops, School, public, private or denominational, Studio (art, music, speech, drama, dance or other artistic endeavors), Tool and equipment rental (inside display only), Upholstery shop, auto, Upholstery shop, furniture. The request for 9300-C includes the addition of a free standing 6 foot sign, not to exceed 60 square feet in area. Building signage is to comply with signage allowed in commercial zones or a maximum of ten percent of the façade area. There is a detached building located on Lot 28, located behind 9300-C, which contains 1,200 square feet. The building was previously used as commercial lease space. The request includes the allowance of this building for Landscape service, Mini-warehouse, Plumbing, electrical, air conditioning and heating shops, Tool and equipment rental (inside display only), Vehicle maintenance or repair – no public repair. Lot 29, located behind 9300-C, contains a 1,052 square foot building previously leased for commercial uses. The applicant is requesting to reuse this property for a Landscape service, Mini-warehouse, Plumbing, electrical, air conditioning and heating shops, Tool and equipment rental (inside display only), Vehicle maintenance or repair – no public repair. The property located at 9310 Hilaro Spring Road contains a 2,374 square foot wood frame structure most recently used as a church. The applicant is requesting to reuse the existing structure with the following list of uses; Book or stationary store, Catering, commercial, Catering/home cooking, Church, Clinic (medical, dental, optical), Day care center, Day care center, adult, School, public, private or denominational, Studio (art, music, speech, drama, dance or other artistic endeavors). The request for 9310 includes the allowance of a free standing sign not to exceed six feet in height and 60 square feet in area. Building signage is to comply with signage allowed in office zones or a maximum of ten percent of the façade area. The property located at 9310 also contains a structure containing 4,032 square feet and four (4) residential units. The unit breakdown is as follows: #1 – 4 September 23, 2010 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-8588 4 bedroom, 2 bath, #2 – 2 bedroom, 1 bath, #3 – 1 bedroom, 1 bath, #4 – 1 bedroom, 1 bath. The property located at 9312 contains a structure containing three (3) residential units. The structure contains 3,742 square feet. The unit breakdown is as follows: #1 - 3 bedroom, 2 bath, #2 – 3 bedroom, 1 bath, #3 – 2 bedroom, 1 bath The applicant has indicated the goal is to upgrade all 20 of the residential units to meet the current code for residential housing and then rent the units to persons who have been screened. There is an on-site property manager couple who are responsible for maintaining the property and screening prospective tenants. The seven (7) commercial units are also proposed for upgrade. The intent is to bring in responsible shopkeepers to provide needed services to the community, between the hours of 8:00 A.M. and 8:00 P.M daily. Since purchasing the property on June 19, 2009, the applicants have accomplished much in cleaning up the property and making it an asset to the community: A tree service was hired to limb and clear trees that were dead or diseased for the first time in over 20 years. This not only beautified the property but eliminated many safety hazards. Before the property was purchased many people were using the areas not visible from the street as a landfill. The applicant has now cleaned up all of the trash that was on-site. While cleaning up the property, the owners found over 60 automobile and truck tires. These tires have been moved into one of the existing buildings to allow the applicant time to determine the best method for recycling. The tri-plex at 9312 has been improved to meet the current City standards while the outside has been painted. Three of the four apartments in the 4-plex at 9310 were brought up to standard and rented after a fire caused by tenant negligence consumed part of the building. The fourth unit is currently being rebuilt to satisfy the current codes and is scheduled to be available for rental by October 1, 2010. The applicant has indicated they are continuing to maintain and improve the units as resources allow with the goal of all units being utilized at their full potential. The request includes the abandonment of a patted 40-foot right of way for Williams Street. The street has not been constructed. B. EXISTING CONDITIONS: The property located at 9200 and 9300 Block of Hilaro Springs Road has a number of uses taking place. There are manufactured homes, commercial buildings, single-family residences, duplex units and building containing four (4) residential units. The commercial activities are currently vacant. The manufactured homes are in various states of rehabilitation. There is a contractors storage yard located across Hilaro Springs Road. To the north and September 23, 2010 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-8588 5 east are single-family homes and to the south is a church. Further south and west are apartment buildings and additional single-family residences. 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 Upper Baseline Neighborhood Association and Southwest Little Rock United for Progress were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Hilaro Springs 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 the street conforming to the Master Street Plan. Construct one-half street improvement to Hilaro Springs Road including 5-foot sidewalks with the planned development. The new back of curb should be located 29.5 feet from centerline. 3. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 4. If disturbed area is one (1) or more acres, obtain a NPDES stormwater permit from the Arkansas Department of Environmental Quality prior to the start of construction. 5. 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. 6. Driveway locations and widths must meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The minimum driveway spacing on minor arterial streets is 300 feet between driveways and 150 feet from property lines. The width of driveways must not exceed 36 feet. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this property. Entergy: No comment received. Center-Point Energy: No comment received. September 23, 2010 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-8588 6 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. 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. 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 Geyer Springs East Planning District. The Land Use Plan shows Residential Low Density for this property. The applicant has applied for a rezoning from R-2, Single-family to Planned Commercial Development to allow selected residential, commercial and office uses for an already developed site. Each Planned Zoning District is to be reviewed on its own merits with consideration of the Land Use Plan for the site September 23, 2010 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-8588 7 and surrounding areas. This area is covered by the Upper Baseline Neighborhood Plan. Their Economic Development Goal states: “Retain existing businesses, and when necessary, find new businesses to replace those that close.” Master Street Plan: Hilaro Springs 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 Hilaro Springs Road since it is a Minor Arterial. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes shown in the immediate vicinity. Landscape: 1. If rehabilitation of the commercial buildings exceed fifty percent (50%) or more of the replacement cost of the building then the landscaping must come into compliance accordingly. 2. Any/all new paved areas must be landscaped in accordance to Chapter 15, the Landscape Ordinance. G. SUBDIVISION COMMITTEE COMMENT: (September 2, 2010) Mr. Bob Pratt was present representing the request. Staff presented an overview stating there was additional information required to complete the review process. Staff stated the cover letter did not indicate the use of the site as a special events center or as a bar, tavern or lounge. Staff questioned if the applicant was willing to stipulate that these uses would not be allowed within the development. Mr. Pratt stated the indicated uses would not be allowed. Staff questioned any perimeter fencing and any interior fencing proposed. Staff questioned the location of any proposed dumpster facilities. Staff also questioned the hours of dumpster service. Staff requested Mr. Pratt provide details of any landscape improvements which would be completed with the redevelopment of the site. Public Works comments were addressed. Staff stated a dedication of right of way on Hilaro Springs Road would be required. Staff stated street widening and sidewalks would be required with the redevelopment of the site. Staff stated the drives located on the site did not comply with typical ordinance standards. Staff stated a number of the drives should be eliminated to limit the number of access points. September 23, 2010 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-8588 8 Landscaping comments were addressed. Staff stated any upgrades in paved areas would have to comply with the typical landscape ordinance requirements. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan and cover letter eliminating a number of the uses previously proposed for the reuse of the existing non-residential buildings. The revised cover letter has removed all uses which would allow or require outdoor storage. The applicant has also indicated there will be no pawnshops, no adult bookstore and no car repair located on the site. The applicant has also eliminated the potential use of the property as a special events center, bar, tavern or lounge or any tobacco sales. The site plan indicates the placement of an eight (8) foot privacy fence along the northern perimeter adjacent to the mobile homes. A six (6) foot fence is proposed adjacent to the commercial uses on the northern perimeter. The applicant has indicated the northern fence will be installed within six (6) months of approval. The revised site plan indicates the elimination of a number of drives along Hilaro Springs Road. The revised plan indicates the placement of four drives to serve the entire length of the development and eliminates the paved pull-off located on the southern perimeter. Although the number of drives has been reduced the drives as proposed will require a variance from the Boundary Street and Subdivision Ordinance to allow the drives to be located less than the 300-foot typical driveway spacing requirement for a minor arterial street classification. Right of way dedication along Hilaro Springs Road to 45-feet from centerline will be required. A number of the buildings are located within the area required for right of way dedication. In these cases staff recommends the right of way be dedicated to within one (1) foot of the face of the building. Within the areas where parking and landscaping is proposed these items will need a franchise agreement with the City. A number of the drives are currently graveled as well as the parking areas for the commercial and residential uses. The applicant has indicated paved drives will be added to serve the commercial uses and the manufactured homes located along the northern perimeter. Portions of the paved areas located within the center of the development will be removed to allow for additional landscaping and striping will be added to existing paved areas in the southern perimeter of the site. The applicant has indicated as the property is redeveloped the paving September 23, 2010 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-8588 9 will be installed and/or removed. The paving of the access drive within the northern portion of the site will take place within six (6) months of occupancy of the mobile homes. The striping to be added within the southern portion of the site for the multi-family units will be added as these units are occupied. The site plan indicates the placement of two (2) dumpster locations on the site plan. The dumpsters will be screened per typical ordinance standards. The applicant has indicated landscape upgrades will be provided as the site is redeveloped. The applicant has indicated the upgrades to landscaping will be installed within six months of occupancy of the non-residential buildings. The yard areas around the manufactured homes and the single-family homes are existing. The request includes the abandonment of a patted 40 foot right of way for Williams Street. The street has been platted but not constructed. The utility companies and public works have requested the right of way be maintained as a drainage and utility easement. Staff is not supportive of the application as filed. Staff feels the current request is too large and should be reduced to a manageable number of buildings within the request. The existing manufactured homes exist with a non-conforming use and ten units can be maintained as long as there is one unit remaining on the site. The multi-family also exist with a non-conforming status and can continue to operate as long as the units are not vacant for more than one year. Staff is supportive of allowing the reuse of the buildings located at 9200 Hilaro Springs Road (the northern non-residential buildings) with the non-residential uses indicated by the applicant (Barber/Beauty shop, Book or stationary store, Duplication shop, Laundromat – resident use only, Office, general and professional, Beauty supplies, Mobile telephone) but feels the reuse of the site should allow for adequate parking in a safe configuration. The site plan indicates the placement of ten (10) parking spaces to serve the commercial area. Three of the spaces are located within the front of the commercial buildings and will require a franchise agreement with the City should the zoning be approved. Based on both buildings being occupied by a barber/beauty shop, the use which would require the most parking, a total of eight (8) spaces would typically be required. Based on the current site plan the applicant has indicated parking for the northern commercial area located where the automobiles must back into the access drive serving the commercial area and the manufactured homes. This could potentially cause traffic conflicts and safety hazards. September 23, 2010 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-8588 10 As stated staff is supportive of allowing limited rezoning of the site provided adequate safe parking can be provided. Staff is not supportive of rezoning of the entire area as proposed. I. STAFF RECOMMENDATION: Staff recommends denial of the application request as filed. PLANNING COMMISSION ACTION: (SEPTEMBER 23, 2010) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had amended the request to limit the rezoning request to the two (2) northern buildings limiting the uses of the building located at 9200 #1 to a Book or stationary store, Duplication shop, Laundromat – residential use only, Office, general or professional, Beauty supplies, Mobile telephone shop and 9200 #2 uses are limited to a Barber or beauty shop, Book or stationary store and Office, general and professional. Staff stated the applicant had indicated parking and landscaping improvements would be completed with the reuse of the buildings. Staff stated in addition an eight (8) foot fence would be installed along the northern and western perimeters adjacent to the manufactured homes within six (6) months of approval of the PCD request. Staff stated they were supportive of the PCD rezoning request. Staff stated the request included the abandonment of a 40-foot right of way for Williams Street. Staff stated the applicant had secured approval from the Public Works Department and the various utility companies for the abandonment request. Staff stated various utilitiy companies and the Public Works Department had requested the abandoned right of way be retained as a utility and drainage easement. Staff stated otherwise to their knowledge there were no remaining outstanding technical issues associated with the request. Staff presented a recommendation of approval of the rezoning request to PCD for the two (2) buildings located at 9200 Hilaro Springs Road limiting to the approved uses to those indicated in the staff write-up 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 of approval of the right of way abandonment request subject to the right of way being retained as a utility and drainage easement. There was no further discussion of the item. The chair entertained a motion of approval of the item on the consent agenda as presented by staff. The motion carried by a vote of 7 ayes, 0 noes, 3 absent and 1 open position. September 23, 2010 ITEM NO.: 11 FILE NO.: Z-8589 NAME: Lei Short-form POD LOCATION: Located at 2019 Watt Street DEVELOPER: Jerry Calloway – Agent 112 South Maple Street Little Rock, AR 72205 SURVEYOR: Brooks Surveying 20320 Arch Street Pike Hensley, AR 72065 AREA: 0.642 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family ALLOWED USES: Single-family - Church PROPOSED ZONING: POD PROPOSED USE: General and Professional Office VARIANCES/WAIVERS REQUESTED: None requested. The applicant failed to respond to comments raised at the September 2, 2010, Subdivision Committee meeting. Staff recommends this item be deferred to the November 4, 2010, public hearing. PLANNING COMMISSION ACTION: (SEPTEMBER 23, 2010) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had failed to respond to comments raised at the September 2, 2010, Subdivision Committee meeting. Staff presented a recommendation of deferral of the item to the November 4, 2010, public hearing. September 23, 2010 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-8589 2 There was no further discussion of the item. The chair entertained a motion of approval of the item on the consent agenda as presented by staff. The motion carried by a vote of 7 ayes, 0 noes, 3 absent and 1 open position. September 23, 2010 ITEM NO.: 12 FILE NO.: Z-7919-B NAME: JAAPB, LLC Marina-Condo Project PCD Time Extension LOCATION: Located North of 3rd Street and East of Bond Street DEVELOPER: JAPB, LLC John Burkhalter Managing Member 26 Collins Industrial North Little Rock, AR 72113 ENGINEER: The Holloway Firm 200 Cassey Drive Maumelle, AR 72113 AREA: 11.3 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: PCD ALLOWED USES: Mixed Use Development - Marina- Condominium PROPOSED ZONING: PCD – Two-Year Time Extension PROPOSED USE: Mixed Use Development - Marina- Condominium VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: Ordinance No. 19,425 adopted by the Little Rock Board of Directors on November 1, 2005, rezoned the site from R-4, Two-family District to PCD. The applicant proposed to construct a mixed used development containing apartments, commercial, a marina and a public boat launch ramp. The apartments would occupy 4.5 acres; the restaurant, public launch ramp, and marina, 5.0 acres; the retail facility 1.5 acres; and the surface parking areas would occupy 1.67 acres. The approved site plan included 206-covered slips for both public and private access for dockage, storage and launching. The applicant indicated amenities including a ship’s September 23, 2010 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-7919-B 2 store, fueling facility, pubic launch ramp and boardwalk. There were uncovered slips and transient moorage that would support 336 boats. Ordinance No. 19,876 adopted by the Little Rock Board of Directors on December 4, 2007, allowed a revision to the originally established PCD. The project consisted of a condominium/marina project developed in four phases. The initial phase was to begin in 2008 with completion of the project in 2014. The Master Plan for the site indicated two developments planned for the site. The condominium development and the marina, each stand independently. The condominium development consisted of 268 residential units, 250 residential storage units and 700 parking spaces. The marina development consisted of 13 docks which contain 450 watercraft slips. The area of development is located north of the floodway line to the edge of the southern navigation channel line in the Arkansas River. Two (2) boat basins were to be built for the marina development. Boat basin Numbers 1 and 2 would have a manmade floating wave break protecting the harbor from wave entry and river debris. The marina development was to be a full service facility that included: marine fuel, transient boat dockage, a neighborhood market complete with grocery, tackle, bait, hardware, laundry and shower facilities, full service restaurant, fishing pier and public walking promenades. The approval allowed for the developer to develop the City owned property adjacent to the west which included a public boat launch ramp, park and playground area and the river trail system with both bike and pedestrian access. A. PROPOSAL/REQUEST: The applicant is now requesting approval by the Planning Commission of a time extension for implementation of the previously approved PCD. Per Section 36-454(e) the applicant shall have three years from the date of passage of the ordinance approving the preliminary approval to submit the final development plan. Requests for extensions of time shall be submitted in writing to the Planning Commission which may grant one (1) extension of not more than two years. Time extensions shall be applied for by formal written request not less than ninety days prior to the first expiration date. Failure of the applicant to file a timely extension shall be cause for revocation of the PUD as provided in the ordinance. The developers have indicated they are currently working with several funding sources to secure funds for construction of the marina. According to the developer construction of the marina cannot begin as previously anticipated and within the three years as required by the minimum ordinance standards. As a result, the applicant requests the Commission allow a two-year time extension of the previously approved Planned Zoning Development. September 23, 2010 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-7919-B 3 B. EXISTING CONDITIONS: The site is vacant and was previously cleared. The Arkansas River is located to the north of the site and single-family homes on smaller lots are located to the south of the site. Immediately east of the site is the FOP meeting facility. The Presidential Library and the offices for Heifer International are located further east. The streets abutting the site are substandard streets, very narrow with open ditches for drainage. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received one informational phone call from an area resident. The East Little Rock and Hanger Hill Neighborhood Associations, all owners of property located within 200 feet of the site and all residents, who could be identified, located within 300 feet of the proposed development were notified of the public hearing. D. STAFF RECOMMENDATION: Staff recommends approval of the request for a two-year time extension for the proposed development subject to compliance with all previously approved comments and conditions. PLANNING COMMISSION ACTION: (SEPTEMBER 23, 2010) Mr. Bob Holloway was present representing the request. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request for the two-year time extension request for the proposed development subject to compliance with all previously approved comments and conditions. There was no further discussion of the item. The chair entertained a motion of approval of the item on the consent agenda as presented by staff. The motion carried by a vote of 7 ayes, 0 noes, 3 absent and 1 open position. September 23, 2010 ITEM NO.: 13 FILE NO.: Z-3419-E NAME: A Cut Above Revised Short-form PCD LOCATION: Located at 302 North Shackleford Road DEVELOPER: Lynda Bowers and Associates 650 Edgewood Drive Maumelle, AR 72113 SURVEYOR: Arrow Surveying 550 Edgewood Drive, Suite 592B Maumelle, AR 72113 AREA: 0.42 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: PCD ALLOWED USES: O-3, General Office District uses, Deli/Restaurant and Beauty Salon PROPOSED ZONING: Revised PCD PROPOSED USE: O-3, General Office District uses, Deli/Restaurant and Beauty Salon – Add C-2, Shopping Center District uses as allowable uses VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: On November 10, 2005, the Little Rock Planning Commission denied a request to rezone the site from O-3, General Office District and R-2, Single-family to PCD to allow the construction of a second building on the site and to utilize C-2, Shopping Center District uses as allowable uses for the site. The proposal included the development of 28,224 square feet of total land area and involved the construction of a second building on the site containing 3,444 square feet. Thirty parking spaces were proposed to serve the development. No new curb cuts were proposed as a result of the development. The existing curb cuts along Beverly Hills Drive and Shackleford Road would continue to provide access to the development. September 23, 2010 SUBDIVISION ITEM NO.: 13 (Cont.) FILE NO.: Z-3419-E 2 The Little Rock Planning Commission reviewed a request for rezoning at their September 14, 2006, public hearing. The applicant was requesting to rezone the site from O-3, General Office District to PCD to allow C-2, Shopping Center District uses as allowable uses on the site. During the public hearing before the Commission the applicant amended the request to limit the uses to O-3, General Office District uses, a Deli/Restaurant and a Beauty Salon and to limit the hours of operation to 10:00 am to 8:00 pm daily. The hours of dumpster service were also limited to daylight hours. The Commission denied this request. The recommendation of denial was appealed to the Board of Directors. The Board of Directors approved the amended application request limiting the hours of operation and the proposed uses of the site on December 5, 2006, with the adoption of Ordinance No. 19,648. Ordinance No. 20,116 adopted by the Little Rock Board of Directors on June 2, 2009 allowed a modification to the PCD to extend the hours of operation for the site. The hours approved were from 6:00 am to 10:30 pm Sunday through Thursday and from 6:00 am to 11:00 pm Friday and Saturday. No other modifications to the previous approval were proposed with the request. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is now proposing to amend the request to add C-2, Shopping Center District uses as allowable uses for the site. The building contains 3,232 square feet. The restaurant/deli occupied approximately 2,430 square feet of the building with approximately 800 square feet remaining vacant. The applicant has indicated a number of retail users have approached the owner in the past requesting to locate within the building including a cellular telephone business. There are no other modifications proposed to the previous approvals. B. EXISTING CONDITIONS: The site contains a commercial building with a restaurant occupying a portion of the building and the remainder of the space is vacant. There are commercial businesses located to the east across Shackleford Road including a grocery store and restaurants. To the west is a single-family subdivision. There is a veterinarian clinic and daycare center located to the north of the site and further north of the site is an elementary school. Northeast of the site is a large church campus. September 23, 2010 SUBDIVISION ITEM NO.: 13 (Cont.) FILE NO.: Z-3419-E 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, all residents, who could be identified, located within 300 feet of the site and the Beverly Hills Property Owners 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 Beverly Hills Drive for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 2. Sidewalks with appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. Additional sidewalk should be provided west of the driveway. 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 site. Entergy: A fifteen foot (15’) overhead utility easement is required along the northern, eastern and southern perimeters. Contact Entergy for additional information. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are 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. September 23, 2010 SUBDIVISION ITEM NO.: 13 (Cont.) FILE NO.: Z-3419-E 4 Fire Department: The development may require additional fire hydrants. 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 Rodney Parham 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 Commercial Development to allow the use of the entire site for retail and/or restaurant uses. Commercial uses are not typically allowed in the Residential Low Density category, however this is a revision to a previously approved PCD. The Walnut Valley Neighborhood Action Plan covers this location. The Community Redevelopment Goal states the need to “maintain and reinvigorate existing retail areas to provide active retail for local residents.” Master Street Plan: North Shackleford Road is shown as a Collector on the plan. 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. Bicycle Plan: Existing or proposed Class I, II, or III Bikeways are not in the immediate vicinity of the development. Landscape: No comment on the change in use of the existing building utilizing the existing parking. G. SUBDIVISION COMMITTEE COMMENT: (June 10, 2010) Ms. Lynda Bowers was present representing the request. Staff presented an overview of the development stating the current request was to allow the entire building as a commercial or retail uses. Staff stated the building contained approximately 3,200 square feet of which a restaurant currently occupying 2,400 square feet. Staff stated the previous approval limited the remaining 800 square feet to an O-3, General Office use or a barber/beauty shop use. Staff stated the applicant was now seeking to expand the allowed uses for the 800 square feet to a retail use as identified in the C-2, Shopping Center District. September 23, 2010 SUBDIVISION ITEM NO.: 13 (Cont.) FILE NO.: Z-3419-E 5 Public Works comments were addressed. Staff stated the previous approval required a dedication of right of way on Beverly Hills Drive and the construction of sidewalks along the property frontage on Beverly Hills Drive. Staff stated the dedication nor sidewalk construction had been completed. Staff requested these improvements be completed in a timely manner. Staff stated there were no additional landscaping requirements due to the request being a change in use. Staff stated any modifications to the site and/or parking would possibly require additional landscaping to be installed. 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: A revised site plan was not required to address the issues raised at the June 10, 2010, Subdivision Committee meeting. The request is to allow this 3,232 square foot building to be used for commercial uses including the allowance of the entire building as a restaurant or multiple restaurant uses. Currently a restaurant occupies approximately 2,430 square feet of the building and approximately 800 square feet is vacant. The applicant has indicated the current user is a cellular phone dealer but does not desire to limit the use of the vacant portion of the building for this user. The request is to allow the use of the entire building for “retail uses”. The applicant has indicated C-2, Shopping Center District uses are desired as allowable uses. Staff is not supportive of the request. Originally the site was zoned O-3, General Office District with a conditional use permit to allow a beauty salon on the site. The property to the north is zoned O-3, General Office District and the property on the corner of Mara Lynn and Shcakleford Road is zoned O-1, Quiet Office District. The office zoning allows for a buffer between the single-family homes located to the west and Shackleford Road as well as the commercial activities located on the east side of Shackleford Road. Staff feels the requirement for the office portion of the development to allow this buffering should be maintained. In addition the site is shown as Single Family on the City’s Future Land Use Plan even though the property is zoned non-residentially. In the 2006 filing the Future Land Use Plan was studied for this property and it was determined by the Commission to not allow a Plan Amendment and to maintain the Single Family designation on the Future Land Use Plan even though the commercial aspect of the development was approved. Staff feels the rezoning of the site to allow the September 23, 2010 SUBDIVISION ITEM NO.: 13 (Cont.) FILE NO.: Z-3419-E 6 entire site as a commercial use will potentially cause other non-commercial properties in the area to request a rezoning for their use with commercial activities. Again staff feels the residential neighborhood to the west should be protected and the commercial activities not be approved for this site. I. STAFF RECOMMENDATION: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (JULY 1, 2010) Ms. Lynda Bowers was present representing the request. There were no registered objectors present. Staff presented the item stating they were not in support of allowing the site to become a commercial center. Staff stated the applicant was requesting C-2 uses but had eliminated a number of the allowed uses under this zoning district. Staff stated the applicant had removed from the request a bar, lounge or tavern, beverage store, establishment of religious, charitable or philanthropic organizations, private club with dining or bar service. Staff stated the request did include the conditional uses in the C-2 zoning district excluding a carwash, high rise multi-family, multi-family dwellings and a service station with limited motor vehicle repair Ms. Lynda Bowers addressed the Commission stating the building was originally constructed as a quick shop and later turned into an insurance agency. She stated presently there was a restaurant occupying just over 2,000 square feet of the building and 800 square feet was vacant. She stated it was difficult to lease the remaining 800 square feet to an office user. She stated the desire was to allow a quiet commercial user in the space. She stated most recently a T-Mobile cellular phone store had requested to lease the space. A letter from the League of Women Voters was read into the record stating they were not in support of allowing the site to become a commercial center. The League stated the adjacent neighborhood should be protected against the nearby commercial uses and that office served as a buffer between the commercial and residential uses. There was a general discussion by the Commission and Ms. Bowers concerning the uses of the site and the open ended ness of allowing all the indicated C-2 uses. Ms. Bowers stated a number of the uses would not locate on the site because the space was to small for a number of users. The Commission questioned staff as to if there was a retail use that could be supported. Staff stated they were not willing to support a commercial development on this corner adjacent to a residential neighborhood. There was no further discussion of the item. The chair entertained a motion of approval of the item. The motion failed by a vote of 0 ayes, 7 noes and 4 absent. September 23, 2010 SUBDIVISION ITEM NO.: 13 (Cont.) FILE NO.: Z-3419-E 7 STAFF UPDATE: This item is being returned to the Commission by the Board of Directors to allow the applicant to more clearly define the uses proposed for the site. PLANNING COMMISSION ACTION: (SEPTEMBER 23, 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 November 4, 2010, public hearing. A motion was made to defer the item to the November 4, 2010, public hearing. The motion carried by a vote of 7 ayes, 0 noes, 3 absent and 1 open position. a LU w W 0 Z 0 U) 0 z Z J Ci [7 tv� Aj 11i Me-, M 3 8 3 I ki N 1111* N I I I IN I n IMMINIIIIIII 1111 i mcalmillimal M 3 8 ■ -v as a u C.,Zj C 0.", T W 7- r� V �u slim lommill n IMMINIIIIIII mcalmillimal ■ -v as a u C.,Zj C 0.", T W 7- r� V �u September 23, 2010 There being no further business before the Commission* the meeting was adjourned. at 6:12 io.m. Da