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pc_06 11 2009sub LITTLE ROCK PLANNING COMMISSION SUBDIVISION HEARING SUMMARY AND MINUTE RECORD JUNE 11, 2009 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present there being nine (9) members present. II. Members Present: Pam Adcock “Goose” W. Changose J. T. Ferstl Troy Laha Obray Nunnley, Jr. William Rector Billy Rouse Candice Smith Jeff Yates Members Absent: Jerry Meyer Chauncey Taylor City Attorney: Debra Weldon III. Approval of the Minutes of the April 30, 2009 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION SUBDIVISION AGENDA JUNE 11, 2009 OLD BUSINESS: Item Number: File Number: Title: A. S-1280-M Valley Falls Estates Collector Street Deferral, located on the East side of Valley Falls Estates abutting Lots 13A – 13D and Lots 14 - 18. B. Z-5882-A Saugey Revised Short-form POD, located at 16715 Cantrell Road. C. LU09-24-01 A Land Use Plan Amendment in the Sweet Home/College Station Planning District from Single Family to Residential Medium Density at the Southeast corner of Frazier Pike and Jones Street. C.1. Z-8432 Jones Street Short-form PD-R, located 4001, 4005, 4009, 4011 and 4015 Jones Street. D. Z-5617-A Shackleford Farms 30.8 Acres Long-form PCD Time Extension, located South of Kanis Road and Chenal Parkway and West of the existing Kroger Shopping Center. E. Z-4807-F Shackleford Farms Long-form POD Time Extension, located North of Wellington Hills Road and West of the Villages of Wellington Subdivision. F. Z-4807-G Shackleford Farms Long-form PCD Time Extension, located South of Wellington Hills Road and East of Kirk Road. Agenda, Page Two NEW BUSINESS: I. PRELIMINARY PLATS/SUBDIVISION: Item Number: File Number: Title: 1. S-867-HHHHHHH Chenal Valley Phase 24B & 27 Revised Preliminary Plat, located on Chenal Valley Drive just West of Orle Boulevard. II. SITE PLAN REVIEW: Item Number: File Number: Title: 2. S-1631 9010 Stagecoach Road Subdivision Site Plan Review, located at 9010 Stagecoach Road. III. PLANNED DEVELOPMENTS: Item Number: File Number: Title: 3. LU09-12-01 Land Use Plan amendment in the 65th Street West Planning District in the 6600 block of South University from Single Family to Commercial. 3.1. Z-2326-B G & S Insulation Short-form PCD, located at 6620 South University Avenue. 4. Z-2332-C USA Drug - West Markham and Cedar Streets - Short-form PD-C, located on the Southeast corner of West Markham and Cedar Streets. 5. Z-5397-A Promiseland Church Long-form PID, located at 3700 West 65th Street. 6. Z-5442-D James Mitchell School Revised Short-form PCD, located at 2410 South Battery Street. Agenda, Page Three III. PLANNED DEVELOPMENTS: (CONTINUED) Item Number: File Number: Title: 7. Z-6019-E Chenal Valley Tract 13 Long-form PCD, located on the Southwest corner of LaGrande Drive and Chenal Parkway. 8. Z-7119-A USA Drug - the Ranch - Short-form PD-C, located on the Northeast corner of Cantrell Road and Ranch Drive. 9. Z-8115-A Paul Page Dwellings, LLC Short-form PD-R and PD-R Revocation for 1422 Townhomes Short-form PD-R, located on the Northwest corner of East 15th and Rock Streets. 10. LU09-19-01 Land Use Plan amendment in the Chenal Planning District in the 15500 block of Chenal Parkway from Neighborhood Commercial and Office to Commercial. 10.1. Z-8458 Christian Brother's Automotive Short-form PD-C, located in the 15500 Block of Chenal Parkway. June 11, 2009 ITEM NO.: A FILE NO: S-1280-M NAME: Valley Falls Estates Collector Street Deferral LOCATION: East side of Valley Falls Estates abutting Lots 13A – 13D and Lots 14 - 18 OWNER/APPLICANT: Rick Ferguson APPLICANT’S REPRESENTATIVE: White-Daters & Associates, Inc. PROPOSAL: A five (5) year deferral of construction of one-half of a Collector Street on the east side of Valley Falls Estates Subdivision A. PROPOSAL/REQUEST: On June 20, 2000, Ordinance No. 18,299 was approved by the Board of Directors for a deferral of construction of one half of the proposed collector street adjacent to the east property line of Valley Falls Estates Subdivision as shown on the Master Street Plan. The ordinance specifically deferred construction for a period of 5 years or until abutting street improvements are constructed, whichever occurs first. The ordinance defined the one-half improvements to consist of 12 ft. of pavement and an 8 ft. shoulder measured from centerline of the proposed right-of-way with sidewalk and open ditch. With this application, the applicant is requesting an additional 5-year deferral of the one half street improvements for the collector street on the eastside of Valley Falls Estates Subdivision. The subject collector street will tie into LaMarche Drive at the south property line as shown on the Master Street Plan to eventually connect into Taylor Loop Road. The applicant’s reasoning for requesting an additional deferral is due to right-of- way and financing are not in place to make the connection to Taylor Loop Road. The applicant also states this section of street would be unusable until right-of- way and funds are available for the remaining portion of the street to Taylor Loop Road. B. EXISTING CONDITIONS: Four (4) properties are located to the east of the subject property and zoned R-2. These properties today take access from Carter Lane. Two (2) of the properties have residences built on the western half of the properties and two (2) of the properties have residences built on the eastern half of the properties closer to June 11, 2009 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: S-1280-M 2 Carter Lane. The future right-of-way for LaMarche Drive will consist of the western 35 ft. of the four (4) properties. Four (4) properties are located adjacent to the north of the subject property and zoned R-2. One (1) of the properties is owned by the applicant. Four (4) properties exist where the future right-of-way of LaMarche Drive will be located north of Valley Falls Estates to Taylor Loop Road. Two (2) of the four (4) properties are owned by the applicant. To the west are several larger properties each about 3 acres or larger zoned R-2 which should not be affected by this application. To the south is a Chenal Valley subdivision zoned R-2. As part of this subdivision, Deltic is currently constructing LaMarche Drive to the south property line of Valley Falls Estates. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received comments from Deltic Timber Corp. opposing the approval of the 5-year deferral. D. ENGINEERING COMMENTS: Public Works Conditions: 1. Ordinance #15,594, approved on December 8, 1988 set the original design for LaMarche Drive. Ordinance #18,562 approved by the Board of Directors on September 18, 2001 amended the Master Street Plan to connect Taylor Loop Road at Lucky Lane to La Marche Drive. Ordinance #15,594 required the future street to have a 70 ft. right-of-way; 2 - 12 ft travel lanes; and 2 - 8 ft. paved shoulders with open ditches. Ordinance #18,299 adopted on June 20, 2000 deferred the one half street construction to LaMarche Drive for 5 years or until abutting street improvements are constructed, whichever occurs first. The ordinance continues and states the specific deferral is for one half street widening to 12 ft. of pavement and 8 ft. of shoulder from centerline, with sidewalk per Ordinance #15,594. 2. Has the right-of-way for the future street been dedicated to the City of Little Rock? 3. Staff recommends the deferral of the future street adjacent to Valley Falls Estates for 5 year or until adjacent development occurs. The future street should be constructed to collector street standards as shown on the Master Street Plan. June 11, 2009 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: S-1280-M 3 E. SUBDIVISION COMMITTEE COMMENT: (November 20, 2008) Mr. Joe White of White-Daters and Associates was present representing the applicant. The item was explained to the commissioners and no questions were asked of Mr. White. F. ANALYSIS: The original deferral Ordinance # 18,299 was approved in 2000 for dedication of right-of-way and the construction of the one half street improvements along the east property line of Valley Falls Estates. The improvements were deferred for 5 years or until abutting street improvements are constructed, whichever occurs first. Per Ordinance # 15,594, the one half street improvements are to be 12 ft. of pavement with 8 ft. paved shoulders from centerline, with sidewalk. The required right-of-way dedication is for one half of a 70 ft. right-of-way. The deferred street improvements will connect into LaMarche Drive which is currently being constructed to the south property line of Valley Falls Estates Subdivision. Per the Master Street Plan, LaMarche Drive is a collector street which will eventually connect into Taylor Loop Road near Lucky Lane just south of the new Little Rock Public School currently under construction. The original deferral ordinance does not contain the conditions which are placed in the current deferral ordinances for residential subdivisions. Besides the time periods for construction being 5 years or until adjacent street development, the current deferral ordinances are also conditioned on the platting of a particular phase of lots in the subdivision. Usually the phase is not the last phase planned for development. Unlike commercial subdivisions, where the developer usually owns lots or buildings in the subdivision, in residential subdivisions the developer has less responsibility or ownership when the lots are sold and homes constructed. The improvements will consist of constructing one half of LaMarche Drive from the south property line to the north property line of Valley Falls Estates Subdivision. This one half street will be constructed for approximately 1300 ft. and end at a pond and wooded area. From the north property line of Valley Falls Estates an additional 1000 ft. of street is still needed to be constructed to connect into Taylor Loop Road. The approved preliminary plat for Valley Falls Estates shows no vehicle access to be taken from LaMarche Drive. The plat does show an emergency only access. This access will not be accessible by emergency vehicles until the completion of construction of Valley Creek View and Vista Ridge Court in Valley Falls Estates. With this being the case, staff believes this additional 1300 ft. of half street improvements does nothing to improve the safety June 11, 2009 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: S-1280-M 4 and access to Valley Falls Estates, adjacent properties, and the subdivisions to the south. The four (4) properties to the east of Valley Falls Estates are zoned R2. Two (2) of the properties have dedicated right-of-way for the LaMarche Drive and two (2) properties have not. At this time, none of these properties have an obligation to construct one half street improvements to the eastern half of LaMarche Drive. With this being the case, staff believes at least 20 ft. of asphalt pavement should be constructed adjacent to Valley Falls Estates as required by Ordinance #15,594 which was referenced in the Valley Falls Estates deferral ordinance. This 20 ft. of pavement will allow for two-way traffic if the connection is made to Taylor Loop Road in the future and allow access for emergency vehicles to Valley Falls Estates when the interior streets referenced above are completed. These improvements can be made by shifting the centerline of the street to the west away from the centerline of the proposed 70 ft. right-of-way. G. STAFF RECOMMENDATION: Staff recommends approval of the request for an additional deferral of the one half street improvements to LaMarche Drive adjacent to Valley Falls Estates Subdivision. Staff believes the deferral should be approved with the following conditions. The conditions are: 35 ft. of right-of-way shall be dedicated for the entire length of the property within 30 days of the adoption of the deferral ordinance; the deferral is for 5 years, or until future platting of any lot east of the existing platted lots, or until abutting street construction occurs to the north or east adjacent to Valley Falls Estates, whichever occurs first. Specifically, the one half street improvements will consist of constructing curb and gutter, 20 ft. of asphalt pavement, stormwater drainage improvements, streetlights, and sidewalk at the property line. With this construction the centerline of the street can be shifted to allow for these improvements. PLANNING COMMISSION ACTION: (DECEMBER 18, 2008) The applicant was present. There were registered objectors present. Chairman Taylor stated when there were eight (8) or fewer Commissioners present the practice of the Commission had been to allow the applicant the option of deferral of an item to a subsequent meeting. He questioned if the applicant desired a deferral of the item to the February 5, 2009, public hearing. Mr. Joe White stated his desire was to defer the item to the February 5, 2009, public hearing. There was no further discussion of the item. The chair entertained a motion of approval of the item for deferral to the February 5, 2009, public hearing. The motion carried by a vote of 6 ayes, 0 noes, 2 absent and 3 open positions. June 11, 2009 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: S-1280-M 5 STAFF UPDATE: There has been no change to this application request since the previous public hearing. Staff continues to support the deferral request. PLANNING COMMISSION ACTION: (FEBRUARY 5, 2009) The applicant’s representatives were present. There were no registered objectors present. Commissioner Yates stated as allowed by the Commission’s By-laws he was requesting the item be deferred to the March 19, 2009, public hearing. A motion was made to approve the deferral request. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. Chairman Taylor stated he was appointing a committee to review possible alternative solutions to the item. Chairman Taylor appointed Commissioners Laha, Rector and Yates to the committee. Chairman Taylor stated the committee would report their findings to the Commission at the March 19, 2009, public hearing. STAFF UPDATE: The Special Committee of the Planning Commission has met twice to consider alternatives and options with regard to the deferral request including the owner dedicating the full width of the right of way along the eastern boundary of Valley Falls Estates and through property owned by the applicant to the north to make the connection to the western leg of Taylor Loop Road. The Special Committee has instructed staff to hire an appraiser to determine fair market value of the right of way. Staff and the owner’s representative are to also compute a cost estimate for the street construction currently required of the developer. The Special Committee recommends this item be deferred to the April 30, 2009, public hearing. PLANNING COMMISSION ACTION: (MARCH 19, 2009) The applicant was present. There were no registered objectors present. Staff presented the item stating the Special Committee of the Planning Commission had met twice to consider alternatives and options with regard to the deferral request including the owner dedicating the full width of the right of way along the eastern boundary of Valley Falls Estates and through property owned by the applicant to the north to make the connection to the western leg of Taylor Loop Road. Staff stated the applicant had June 11, 2009 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: S-1280-M 6 provided a letter agreeing in principle to such an alternative, contingent on an acceptable final agreement. Staff stated on that basis the Special Committee had instructed staff to hire an appraiser to determine fair market value of the right of way. Staff stated they and the owner’s representative were to also compute a cost estimate for the street construction currently required of the developer. Staff presented a recommendation of deferral of the item to the April 30, 2009, public hearing. There was no further discussion of the item. The Chair entertained a motion for deferral of the item as presented by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. STAFF UPDATE: On June 20, 2000, the City of Little Rock Board of Directors approved Ordinance No. 18,299 for Valley Falls Estates Subdivision, a deferral for a period of five (5) years or until abutting street improvements are constructed, whichever occurs first of constructing half street improvements to La Marche Drive as required by the Master Street Plan along the 1320 linear feet of frontage of their property. On the Master Street Plan, La Marche Drive is classified as a collector street having a 60 ft right-of-way, 36 feet of pavement from back of curb to back of curb and sidewalk on one (1) side. Due to the elapsed deferral period and the recent completion of construction of La Marche Drive to the south property line of Valley Falls Estates Subdivision, another five (5) year deferral of half street construction was requested. The reason for the request was due to the fact that Valley Falls Estates does not take access to La Marche Drive; at this time no other properties will take access; only half of the street would be constructed; and with the required construction, La Marche Drive would stop about 1000 feet south of Taylor Loop Road. With these issues being raised a Special Subcommittee of the Planning Commission was assembled to look further into this application and develop a recommendation. The Special Subcommittee met on two (2) separate occasions with staff, the applicant, and a representative of Deltic Timber who owns property to the south. Many issues were discussed. Reviewing ownership of adjacent properties, it was discovered the applicant owns property to Taylor Loop Road. Based on this information, the Subcommittee felt it was much more important to obtain right-of-way to Taylor Loop Road than to construct half of a street that would have no public traffic and would serve as an emergency fire entrance to Valley Falls Estates Subdivision in the future when it is further developed to the east. After reaching a conceptual agreement with the applicant, the Special Subcommittee requested staff to appraise the value of the property within a 60 ft right-of-way from the recently constructed La Marche Drive to Taylor Loop Road for a length of about 2320 linear feet and to work with the applicant and develop a cost estimate for construction of June 11, 2009 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: S-1280-M 7 the required 1,320 linear feet of half street improvements across the Valley Falls Estates Subdivision frontage. The appraisal resulted in a value of $177,421.05 for 93,379.5 square feet of property from the recently constructed La Marche Drive to Taylor Loop Road. The total square footage consists of 1320 linear feet of property at a width of 30 feet and 1000 linear feet of property at a width of 60 feet. The 30 feet wide area considers a preliminary plat requirement of Valley Falls Estates Subdivision to dedicate half of the right-of-way with construction of the street or platting of the adjacent lots. It was decided after analysis of the cost to construct 1320 linear feet of half of La Marche Drive adjacent to Valley Falls Estates Subdivision; the cost would be approximately $175,353. Considering a difference of about $2000 and reaching agreement among the Special Subcommittee members, the applicant, and staff, the Special Subcommittee believed it was in the best interest of the City of Little Rock, adjacent property owners, and further development of the street infrastructure in this area to recommend to the full Planning Commission for approval of the dedication of a total of a 60 foot right-of-way from the recently constructed La Marche Drive to Taylor Loop Road in lieu of construction of half of La Marche Drive adjacent to Valley Falls Estates Subdivision. PLANNING COMMISSION ACTION: (APRIL 30, 2009) The applicant was present. There were no registered objectors present. Staff presented a recommendation of deferral of the item to the June 11, 2009, public hearing to allow staff time to review an agreement submitted by the applicant’s attorney outlining the terms of the agreement with regard to the right of way dedication and street construction requirements for the property located along the eastern boundary of Valley Falls Estates Subdivision and the right of way dedication and street construction requirements for the property located to the north of Valley Falls Estates Subdivision owned by Mr. and Ms. Ferguson. There was no further discussion of the item. The chair entertained a motion for placement of the item on the consent agenda for deferral as recommended by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. STAFF UPDATE: The Special Committee, staff and the applicant have met and determined additional appraisals are necessary to fully review the cost of acquisition of the land and to determine the total cost of street construction of the roadway segment adjacent to the applicant’s property. Staff has contacted the appraiser concerning this additional work. June 11, 2009 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: S-1280-M 8 The appraiser is in the process of preparing a cost and a scope of work to complete the task. Staff recommends this item be deferred to the July 23, 2009, public hearing to allow the contract to be executed with the appraiser and to allow time for the appraiser to complete the scope of work. After completion of the scope of work the Special Committee, staff and the applicant will meet to review the final numbers and possibly reach an agreement for the future street construction. PLANNING COMMISSION ACTION: (JUNE 11, 2009) The applicant was present. There were no registered objectors present. Staff presented the item stating the Special Committee, staff and the applicant had met and determined additional appraisals were necessary to fully review the cost of acquisition of the land and to determine the total cost of street construction of the roadway segment adjacent to the applicant’s property. Staff stated they had contacted an appraiser concerning the additional work. Staff stated the appraiser was in the process of preparing a cost and a scope of work to complete the task. Staff presented a recommendation the item be deferred to the July 23, 2009, public hearing to allow the contract to be executed with the appraiser and to allow time for the appraiser to complete the scope of work. Staff stated after completion of the scope of work the Special Committee, staff and the applicant would meet to review the final numbers and possibly reach an agreement for the future street construction. There was no further discussion of the item. The Chair entertained a motion for placement of the item on the Consent Agenda for deferral. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. June 11, 2009 ITEM NO.: B FILE NO.: Z-5882-A NAME: Saugey Revised Short-form POD LOCATION: Located at 16715 Cantrell Road DEVELOPER: Vicki Saugey 16715 Cantrell Road Little Rock, AR 72212 SURVEYOR: Taylor Surveying P.O. Box 21415 White Hall, AR 71612 AREA: 0.41 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: POD ALLOWED USES: Single-family residence and a Beauty Salon PROPOSED ZONING: Revised POD PROPOSED USE: Single-family Residence and a Beauty Salon – Extend the rear parking area OVERLAY DISTRICT: Highway 10 Design Overlay District VARIANCES/WAIVERS REQUESTED: None requested. The applicant submitted a request dated April 14, 2009, requesting a deferral of this item to the June 11, 2009, public hearing. The applicant’s justification for the deferral request is to allow additional time to review various options with regard to the parking lot layout. Staff is supportive of the request. PLANNING COMMISSION ACTION: (APRIL 30, 2009) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated April 14, 2009, June 11, 2009 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-5882-A 2 requesting a deferral of this item to the June 11, 2009, public hearing. Staff stated the applicant’s justification for the deferral request was to allow additional time to review various options with regard to the parking lot layout. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The chair entertained a motion for placement of the item on the consent agenda for deferral as recommended by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. STAFF UPDATE: The applicant submitted a request dated May 27, 2009, requesting a deferral of this item to the July 23, 2009, public hearing. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (JUNE 11, 2009) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated May 27, 2009, requesting a deferral of the item to the July 23, 2009, 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 placement of the item on the Consent Agenda for deferral. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. June 11, 2009 ITEM NO.: C FILE NO.: LU09-24-01 Name: Land Use Plan Amendment - Sweet Home/College Station Planning District Location: The southeast corner of Jones Street and Frazier Pike Request: Single Family to Residential Medium Density Source: V. Dexter Doyne PLANNING COMMISSION ACTION: (MARCH 19, 2009) At the request of the applicant the item was placed on the consent agenda for deferral to the April 30, 2009 hearing. By a vote of 9 for, 0 against, and 2 absent the consent agenda was approved. STAFF UPDATE: The applicant has requested this item be deferred to the June 11, 2009 meeting. Staff is supportive of this request. PLANNING COMMISSION ACTION: (APRIL 30, 2009) At the request of the applicant this item was placed on consent agenda for deferral to the June 11, 2009 hearing. By a vote of 9 for 0 against the consent agenda was approved. STAFF UPDATE: A Land Use Plan amendment in the Sweet Home/College Station Planning District from Residential Low Density to Residential Medium Density. Residential Medium Density represents a range of housing types provided that the density is between six (6) and twelve (12) dwelling units per acre. The applicant has requested to rezone this property from AF Agricultural zoning to a Planned Residential Development to accommodate duplex houses. June 11, 2009 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: LU09-24-01 2 EXISTING LAND USE AND ZONING: The property has one vacant Residential Low Density house on the lot and is currently zoned AF Agricultural. It is approximately one acre ± in size. The AF zoning extends to the east and south of this area and is mostly vacant aside from the Residential Low Density residences that line Frazier Pike. The north and west sides of this property are zoned R-2 and R-3. Immediately west of the application is College Station Elementary School. South of this application is a cemetery. Residential Low Density residences line the north side of Frazier Pike across the street from this application. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: This area is shown as Residential Low Density on the Plan. Residential Low Density extends east and north of this site. Immediately west is shown as Public Institutional for the school. The property on the west side of the school is shown as Low Density Residential. There have not been any land use plan amendments in this area since 1999. MASTER STREET PLAN: Frazier Pike is a Minor Arterial. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Frazier Pike since it is a Minor Arterial. Jones Street is a Local Street. The primary function of a Local Street is to provide access to adjacent properties. Local Streets which are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. These streets have a design standard the same as a Collector. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. BICYCLE PLAN: There are no bike routes in this area. PARKS: According to the Master Parks Plan, this is within eight blocks of a city park. The College Station Elementary School has a playground very close to this site. June 11, 2009 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: LU09-24-01 3 HISTORIC DISTRICTS: There are no city recognized historic districts that would be affected by this amendment. CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN: The property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. ANALYSIS: The future land use plan has remained largely unchanged since 1999. In March of 1997, the College Station community was hit by a tornado and experienced significant damage. As part of the effort to rebuild the community, the City of Little Rock extended zoning to this area. As part of the process to extend zoning to College Station, the Future Land Use Plan was reviewed thoroughly and many changes were made to encourage new development while strengthening College Station’s identity and creating a sense of community. At that time, the current application site was amended from Agricultural to Single Family (Residential Low Density) to reflect the development pattern of new Residential Low Density residences along Frazier Pike (i.e. Apple Blossom Subdivision). Since that time, College Station has slowly seen reinvestment and new development. The current application is proposing to remove an existing vacant Residential Low Density house and to build three new four-family quadplexes at the corner of Jones Street and Frazier Pike. The existing Residential Low Density house appears to have been vacant for some time. During the 1999 study of College Station, one of the main goals was to “preserve and reinforce College Station as a residential neighborhood.” The addition of twelve new residential units at this location will help the neighborhood meet that goal. Frazier Pike is shown as a Minor Arterial on the Master Street Plan, which can handle the traffic of a new residential development. This residential development is adjacent to the school on Frazier Pike and mirrors the Residential Medium shown on the west side of the school. There does appear to be a demand for both single family and multi family housing in this area. Since January 2001, there have been 27 multifamily permits issued for the College Station Planning District. There have only been 18 single family building permits in this area since 2001, but since much of College Station is still outside the City limits, additional structures may also have June 11, 2009 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: LU09-24-01 4 been built in the area without building permits. These numbers show a rising interest in the redevelopment of this area. Staff feels that this level of density is appropriate for the location and supports this amendment. NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood association: College Station Progressive League. Staff has received no comments from area residents STAFF RECOMMENDATIONS: Staff believes the change is appropriate. PLANNING COMMISSION ACTION: (JUNE 11, 2009) The item was placed on consent agenda for approval. By a vote of 9 for and 0 against the consent agenda was approved. June 11, 2009 ITEM NO.: C.1 FILE NO.: Z-8432 NAME: Jones Street Short-form PD-R LOCATION: Located 4001, 4005, 4009, 4011 and 4015 Jones Street DEVELOPER: D & A Doyne Family Limited Partnership P.O. Box 166 College Station, AR 72053 SURVEYOR: Ben Kittler, Jr. 701 North Reynolds Road Bryant, AR 72022 AREA: 0.95 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: AF, Agriculture and Forestry ALLOWED USES: Agriculture, Forestry and Single-family PROPOSED ZONING: PD-R PROPOSED USE: 3 Buildings of multi-family housing (12 units total) VARIANCES/WAIVERS REQUESTED: A five (5) year deferral of the required street construction to Frazier Pike. A. PROPOSAL/REQUEST: The applicant is requesting a rezoning of this site from AF, Agriculture and Forestry to PD-R to allow for the construction of three buildings of residential housing. Each of the buildings will contain four (4) units for a total of twelve (12) units on the site. Each of the units will contain three (3) bedrooms. Parking is indicated from Jones Street in two (2) parking areas. A parking area located south of Building 1 is proposed with seven (7) parking spaces and a parking area located south of Building 2 is proposed containing fourteen (14) parking spaces. The buildings are proposed as wood framed construction, two stories in height, with vinyl siding. The buildings are proposed constructed with a 6 on 12 pitch June 11, 2009 SUBDIVISION ITEM NO.: C.1 (Cont.) FILE NO.: Z-8432 2 roof covered with asphalt shingles. The site lighting will consist of light fixtures located on the front porches of each building in addition to Entergy Arkansas installing pole lamps at each corner of the property along Jones Street. All lighting will be shielded downward and into the site to not reflect onto adjacent properties. A right of way dedication of forty-five feet (45) feet from centerline is proposed on Frazier Pike and twenty-five (25) feet from centerline on Jones Street per the Master Street Plan. The applicant is requesting a five-year deferral of the required street improvements to Frazier Pike. B. EXISTING CONDITIONS: The site is vacant with the exception of a single-family home located near the northeast corner of the site. To the east is an elementary school and to the northeast is a daycare center. Other uses in the area include residential and a church. Frazier Pike is a two lane State Highway with no sidewalks and open ditches for drainage. Jones Street appears to have been constructed as a service drive for the elementary school and is a narrow roadway with curb and gutter but no sidewalk. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents. The College Station Progressive League Neighborhood Association, 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. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Frazier Pike 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. Jones Street is classified on the Master Street Plan as a residential street. A dedication of right-of-way 25 feet from centerline will be required. 3. A 20 foot radial dedication of right-of-way is required at the intersection of Frazier Pike and Jones Street. 4. With site development, provide the design of the street conforming to the Master Street Plan. Construct one-half street improvement to Frazier Pike including 5-foot sidewalks with the planned development. The new back of curb should be located 29.5 feet from the centerline with the sidewalk on the property line. June 11, 2009 SUBDIVISION ITEM NO.: C.1 (Cont.) FILE NO.: Z-8432 3 5. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to Jones Street including 5-foot sidewalks with the planned development. Jones Street today has curb and gutter on both sides and is being used by the elementary school. Jones Street is 16 feet wide from back of curb to back of curb with 12 feet in width of asphalt pavement. At least 20 feet in width of asphalt pavement should be provided for emergency access. The new back of curb should be located 16 feet from the centerline. The street improvements should be constructed from Frazier Pike to the south property line of the southern most lot. 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. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 9. Street Improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. 10. Streetlights are required per Section 31-403 of the Little Rock code of ordinances. 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. 11. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 12. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer is available to this property. Entergy: Approved as submitted. Center-Point Energy: No comment received. AT & T: No comment received. June 11, 2009 SUBDIVISION ITEM NO.: C.1 (Cont.) FILE NO.: Z-8432 4 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 the meter connection(s) will apply to 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. 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 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 CATA Bus Route #20 – the College Station Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Sweet Home/College Station Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for a rezoning from R-2, Single-family to Planned Development Residential for five duplex houses. A Land Use Plan amendment (LU09-24-01) from Single Family to Residential Medium Density is a separate item on this agenda. Master Street Plan: Frazier Pike is a Minor Arterial. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Frazier Pike since it is a Minor Arterial. Jones Street is a Local Street. The primary function of a Local Street is to provide access to adjacent properties. Local Streets which are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. These streets have a design standard the same as a Collector. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes in this area. Neighborhood Action Plan: The property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. June 11, 2009 SUBDIVISION ITEM NO.: C.1 (Cont.) FILE NO.: Z-8432 5 Landscape: 1. The site plan must comply with the City’s landscape and buffer ordinance requirements. 2. The zoning buffer ordinance requires a twenty-two (22’) foot wide land use buffer along the southern property line. Seventy percent (70%) of this area is to remain undisturbed. 3. The zoning buffer ordinance requires a six foot nine inch (6’9”) wide land use buffer to separate this proposed development from the residential property on the eastern and southern perimeter of the site. Seventy percent (70%) of these buffers are to remain undisturbed. 4. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the 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. 5. The landscape ordinance and the zoning buffer ordinance require a six foot nine inches (6’-9”) minimum landscape strip along Jones Street. A variance from the landscape ordinance requirements must be approved by the City Beautiful Commission prior to the issuance of a building permit for any lesser amount. 6. The landscape ordinance and the zoning buffer ordinance require a twenty- two foot (20’) minimum landscape strip along Frazier Pike. A variance from the landscape ordinance requirements must be approved by the City Beautiful Commission prior to the issuance of a building permit for any lesser amount. 7. The landscape ordinance requires a minimum landscape strip of three feet (3) to be located between the parking lot and the building. 8. A water source must be located within seventy-five feet (75) of all landscaped areas. 9. These calculations take into account the proposed development is located within a designated mature area of the City. G. SUBDIVISION COMMITTEE COMMENT: (February 26, 2009) Mr. Dexter Doyne was present. Staff presented an overview of the development stating there were additional items necessary to complete the review process. Staff requested details of the proposed lighting for the development. Staff also questioned trash collection for the site. Staff stated any decks, proches or patios June 11, 2009 SUBDIVISION ITEM NO.: C.1 (Cont.) FILE NO.: Z-8432 6 should be shown on the proposed plan. Staff also requested details of any proposed signage. Public Works comments were addressed. Staff stated Frazier Pike was classified on the Master Street Plan as a minor arterial which would require a dedication of right of way 45 feet from centerline. Staff stated Jones Street would require a dedication of right of way 25 feet from centerline. Staff stated Jones should be improved with an additional 12 feet of paving. Staff stated curb, gutter and sidewalk were also required. Staff stated a grading permit was required prior to any clearing or grading on the site. Landscaping comments were addressed. Staff stated a 22 foot land use buffer was required along the southern perimeter of the site. Staff stated a six foot nine inch land use buffer was required along the western perimeter and along Jones Street. Staff stated screening was required along the eastern and southern perimeters. Staff stated a water source within 75 feet of landscaped areas was 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 on May 27, 2009, addressing the issues raised at the February 26, 2009, Subdivision Committee meeting. The revised site plan includes three (3) two-story buildings for a total of twelve (12) units and associated parking. The units will be constructed of wood frame with vinyl siding exteriors. The roof is proposed with a 6 on 12 pitch covered with asphalt shingles. Each of the units is proposed with three (3) bedrooms. The site plan indicates the placement of twenty-one (21) parking spaces contained within two (2) parking areas. Based on typical ordinance standards for multi-family development a total of eighteen parking spaces is typically required. Based on typical ordinance standards the parking is adequate to serve the development. The site plan has not addressed signage. Staff recommends if a development sign is proposed signage be limited to signage allowed in multi-family zones or a single ground mounted sign with a maximum of height of six (6) feet and thirty-two (32) square feet in area. Staff also recommends any wall signage be limited to not more than twenty-four (24) square feet in sign area. June 11, 2009 SUBDIVISION ITEM NO.: C.1 (Cont.) FILE NO.: Z-8432 7 Landscaping comments have been addressed. The revised site plan indicates the placement of a six (6) foot screening fence along the eastern property line. The site plan includes the placement of a land use buffer in this area averaging twenty-two (22) feet and in no case less than nine (9) feet. The southern perimeter is indicated with a screening fence and a land use buffer averaging twenty-five (25) feet. The street buffer along Jones Street is indicated with a minimum of 21.7 feet. The applicant has indicated a dedication of right of way and placement of a sidewalk along Frazier Pike as required by staff. Jones Street is indicated with a dedication of right of way twenty-five (25) feet from centerline and the addition of paving to allow two lanes of traffic. Curb, gutter and sidewalk will be added to the east side of Jones Street abutting the applicant’s property. The applicant is seeking a five (5) year deferral of the required street improvements to Frazier Pike. These improvements are to include the addition of an additional lane and the placement of a sidewalk at the property line. Staff is supportive of the deferral request. Staff recommends the deferral of the required street improvements to Frazier Pike for a period of five (5) years or until adjacent development occurs, whichever occurs first. Staff is supportive of the request. The housing is proposed constructed with similar materials, roof pitch and building height as typical single-family development. This development will offer a housing type not immediately available in this area. To staff’s knowledge there are no outstanding issues associated with the request. Staff does not feel the construction of the residential housing as proposed will adversely impact the area. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends development signage be limited to signage allowed in multi-family zones or a single ground mounted sign with a maximum height of six (6) feet and thirty-two (32) square feet in area. Staff also recommends any wall signage be limited to not more than twenty-four (24) square feet in sign area. Staff recommends approval of the deferral request for the required street improvements to Frazier Pike for a period of five (5) years or until adjacent development occurs, whichever occurs first. June 11, 2009 SUBDIVISION ITEM NO.: C.1 (Cont.) FILE NO.: Z-8432 8 PLANNING COMMISSION ACTION: (MARCH 19, 2009) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had requested on March 4, 2009, a deferral of the item to the April 30, 2009, 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 deferral of the item as presented by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. STAFF UPDATE: The applicant submitted a request dated April 14, 2009, requesting a deferral of this item to the June 11, 2009, public hearing. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (APRIL 30, 2009) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated April 14, 2009, requesting a deferral of the item to the June 11, 2009, 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 placement of the item on the consent agenda for deferral as recommended by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. PLANNING COMMISSION ACTION: (JUNE 11, 2009) 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 development signage be limited to signage allowed in multi-family zones or a single ground mounted sign with a maximum height of six (6) feet and thirty-two (32) square feet in area. Staff also presented a recommendation any wall signage be limited to not more than twenty-four (24) square feet in sign area. Staff presented a recommendation of approval of the deferral request for the required street improvements to Frazier Pike for a period of five (5) years or until adjacent development occurs, whichever occurs first. June 11, 2009 SUBDIVISION ITEM NO.: C.1 (Cont.) FILE NO.: Z-8432 9 There was no further discussion of the item. The Chair entertained a motion for placement of the item on the Consent Agenda for approval. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. June 11, 2009 ITEM NO.: D FILE NO.: Z-5617-A NAME: Shackleford Farms 30.8 Acres Long-form PCD Time Extension LOCATION: Located South of Kanis Road and Chenal Parkway and West of the existing Kroger Shopping Center DEVELOPER: Whisenhunt Investment 35 Windsor Court Little Rock, AR 72212 ENGINEER: Development Consultant, Inc. 2200 North Rodney Parham Road Little Rock, AR 72212 AREA: 30.8 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: PCD ALLOWED USES: C-2 – 85% Commercial Uses, O-2 – 15% Office Uses PROPOSED ZONING: PCD – Two-Year Time Extension PROPOSED USE: C-2 - 85% Commercial Uses, O-2 – 15% Office Uses VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: Ordinance No. 19,558 adopted by the Little Rock Board of Directors on June 27, 2006, approved a rezoning of this site from various zoning classifications to PCD (Planned Commercial Development) to provide a conceptual plan and establish uses for the property. The approval was to secure the PCD zoning and as the final plan for the site was secured, a revision to the approved PCD would be reviewed by the Planning Commission and the Board of Directors for compliance with the following established criteria: June 11, 2009 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: Z-5617-A 2 BASIC DEVELOPMENT COMPOSITION - The 30.8 acre site shall be developed as follows: 1. Eighty five (85) percent of the building area of the site shall be developed for commercial purposes as set forth in the ordinance. 2. Fifteen (15) percent of the building area of the site shall be developed for office purposes as set forth in the ordinance. 3. The maximum building square footage shall be tied to the proposed usage mix of the final development plan. 4. The maximum density for commercial uses shall be limited to twelve thousand (12,000) square feet per acre. 5. Based upon this maximum density the maximum commercial area shall be three hundred and fourteen thousand five hundred (314,500) square feet of which the maximum area for restaurant use shall be limited to sixty five thousand (65,000) square feet. 6. The minimum office area shall be fifteen (15) percent of the development which at the time of the ordinance is estimated to be fifty five thousand (55,000) square feet. LIMITATION ON TYPES OF USES 1. Commercial development uses shall be limited to those identified under the C-2 Commercial classification as amended on the date that of final plan approval with accessory and conditional uses for this classification also available. 2. Office development uses shall be limited to those identified under the 0-2 Office classification as amended on the date of final plan approval with accessory and conditional uses for this classification also available. 3. The property may be developed as a mix of individual lots and buildings or may include multiple buildings on a single site. 4. Buildings use on the property may be used for single or mixed purposes as otherwise subject to the limitations set forth in the ordinance. BASIC DEVELOPMENT GUIDELINES 1. The layout of proposed building and site improvements shall be subject to approval by the Planning Commission and the City of Little Rock Board of Directors as an amendment to this PCD application. June 11, 2009 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: Z-5617-A 3 2. Proposed building designs shall be subject to approval by the Subdivision Committee and the Department of Planning and Development. 3. The maximum building height allowed shall be Forty-five (45) feet for commercial buildings. 4. Fifty (50) feet for office buildings. 5. All site lighting shall be low level directed away from adjacent property and shielded downward and onto the site. 6. All trash enclosures shall be oriented away from boundary streets screened with masonry enclosures and gated with screened gate panels. 7. Use of any outdoor speaker or sound amplification system shall be prohibited on the property except for one half hour before and after the users hours of being open to the general public provided the operation of any such speaker and system does not emit sound plainly audible from adjoining properties or boundary streets. 8. All landscape and buffer areas shall be provided to meet or exceed City of Little Rock ordinance requirements. 9. All portions of the property shall be landscaped to meet or exceed City of Little Rock ordinance requirements. PUBLIC INFRASTRUCTURE IMPROVEMENTS - PRIOR TO ANY FINAL PLAN APPROVAL 1. The developer shall provide the City with an updated traffic study which shall be based upon the traffic study dated April 4, 2006 along with the addendum dated May 24, 2006 collectively the original traffic study prepared by Peters Associates Engineers Inc. so long as the traffic study fairly and accurately represents the traffic condition in the area of the development for which final plan approval is sought. 2. If there have been any modifications of the City Master Street Plan these amendments shall be deemed a part of the ordinance and the developer shall comply with all of the applicable standards that are part of the Master Street Plan in effect on the date that final plan approval is requested. 3. If it is determined from the updated traffic study required that projected levels of service at any intersections adjacent to the proposed development will likely fall below acceptable levels of service as that term is defined by the Institute of Transportation Engineers at the time of the application for final plan approval then as a condition of such approval the developer shall agree to make such additional boundary street improvements as the City deems to be necessary to mitigate the impact of this development on that area. June 11, 2009 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: Z-5617-A 4 4. The developer shall negotiate an agreement with City of Little Rock Public Works and Traffic Engineering for the installation of specific street improvements that will be required. 5. The developer shall review related utility infrastructure needs with the various utility companies and negotiate agreements for the installation of specific utility improvements that will be required understanding that the cost of relocation of any utilities may be the responsibility of the developer at the time of such relocation. 6. Right of way dedications and easements to the City for required street drainage and utility improvements will be provided by the developer. 7. Notwithstanding any other provision of this ordinance the City shall only require improvements to infrastructure that are required by the impact of this development on the surrounding properties and roadways at the time of development that it has legal or constitutional authority to impose. SIGNAGE GUIDELINES 1. Monument style signage shall be used and each sign shall not exceed 10 feet in height or 100 square feet in area as measured on one side. 2. Monument signage may be used on a shared or individual basis among buildings and tenants. 3. Final signage locations shall be subject to approval by the Planning Commission and the City of Little Rock Board of Directors as an amendment to this PCD application 4. All building wall signage shall comply with City of Little Rock ordinance requirements based on the associated building use. GRADING AND EXCAVATION GUIDELINES 1. Preliminary grading shall be done on this property as part of a larger overall grading plan and project for nearby properties and roadways. This work will be done in advance of actual property development. 2. The developer shall provide an overall master grading plan covering this and surrounding properties to minimize future excavation work traffic disruption right of way damage and related hauling operations that will occur at the actual time of development. June 11, 2009 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: Z-5617-A 5 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 applicant has indicated they have been actively working on creating a final development plan for this approval and installing the infrastructure identified in the adopted ordinance. The developers have indicated the final plan approval cannot be achieved within the three year 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. According to the developer the roundabout has gone through several design modifications and while these were being prepared the contractors for the street construction moved off site to do other work. The modifications are completed and between weather and getting the contractors remobilized the work has recently started again. Drainage adjustments have been completed to allow for the modification and the dirt contractor has started with the grade changes as well. As soon as the work is completed curb and gutter will be installed along with the paving. These subcontractors are waiting to perform. The developers anticipate completing the road work north, east and west of the roundabout by the end of March. The remainder of the work south of Chenal Parkway should be completed by the end of April provided Entergy relocates their poles in a timely manner. (That work has not been completed.) Landscaping is progressing and will be completed shortly after these dates. The improvements plans to Chenal Parkway and Kanis Road were reviewed by staff and the plans have been revised based on staff’s comments. The developers are in the process of obtaining right of way from an adjacent owner in order to build the Kanis Road improvements. There are some utility adjustments required for the work and the developers are proceeding with completing the adjustments. As soon as the utilities have been adjusted contracts will be let to build the improvements. June 11, 2009 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: Z-5617-A 6 The City has issued the developers a Notice of Violation for failure to complete the street construction in a timely manner based on schedule dates submitted by the applicant. The City has also issued a demand letter stating the City will file a mandatory injunction to complete the road in a timely manner. A response is requested by the close of business March 11, 2009. If the response is not acceptable, the City will file a lawsuit in Circuit Court. B. EXISTING CONDITIONS: A portion of the site contains the former golf driving range with the remainder of the site vacant. The site has received dirt from the approved developments along Kirk Road. There is vacant C-3 zoned property located to the north of the site abutting the intersection of Kanis Road and Chenal Parkway. Across Chenal Parkway is vacant C-3 zoned property and a convenience store. Kirk Road adjacent to this site has not been constructed. East of the site is the Kroger Shopping Center which has a number of out parcels currently vacant. The Commission recently approved a site plan review to allow for the construction of a new Kroger Store adjacent to the existing store. There are single-family homes located to the northwest and west of the site along Kanis Road. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received one informational phone call from an area resident. The Villages of Wellington Property Owners Association, the Coalition of West Little Rock Neighborhoods, 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 RECOMMENDATIONS: Staff has concerns with the granting of a two (2) year time extension and feels a one-year time extension is more appropriate. After the one-year extension, the City and the applicant can review the progresses made on the required improvements to determine if additional time for the submission of the final development plan should be granted. Staff recommends approval of a one-year time extension for the proposed development subject to compliance with all previously approved comments and conditions. June 11, 2009 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: Z-5617-A 7 PLANNING COMMISSION ACTION: (MARCH 19, 2009) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had requested on March 14, 2009, a deferral of the item to the April 30, 2009, 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 deferral of the item as presented by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. STAFF UPDATE: The item was deferred from the March 19, 2009, public hearing at the applicant’s request. There has been no change to the application or the request since the previous staff write-up. Staff continues to recommend approval of a one-year time extension in-lieu of the applicant’s request for a two-year time extension for submission of a final development plan for the approved PCD zoning. PLANNING COMMISSION ACTION: (APRIL 30, 2009) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated April 24, 2009, requesting a deferral of the item to the June 11, 2009, public hearing. Staff stated the applicant had indicated additional time was needed for on-going negotiations to acquire the necessary right of way for Kirk Road widening. Staff stated the acquisition of the right of way directly affected the developer’s ability to update the work schedule for the Kirk Road improvements. Staff stated they were supportive of the deferral request There was no further discussion of the item. The chair entertained a motion for placement of the item on the consent agenda for deferral as recommended by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. STAFF UPDATE: There has been no change to this application request since the previous staff write-up. Staff continues to recommend approval of a one (1) year time extension for the approved PCD. June 11, 2009 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: Z-5617-A 8 PLANNING COMMISSION ACTION: (JUNE 11, 2009) The applicant was present. There were registered objectors present. Staff presented the item with a recommendation of approval of a one-year time extension. Commissioner Laha stated due to previous engagements with the owners representative, Mr. Hathaway, he would have to recuse from the discussion of the item. The Chair called the applicant to the podium stating the Commission’s practice was to allow a deferral of an item when there were eight or fewer Commissioners present. He stated with the two Commissioners absent and the recusal of Commissioner Laha there were currently eight Commissioners present to vote on the item. The Chair stated for an item to pass it would take six affirmative votes. He stated with the deferral option this would allow the applicant an opportunity to have more Commissioners present to discuss and vote on the item. Mr. Hathaway stated his clients would like to defer the item. He stated there were a number of key pieces that needed to fall into place for the Commission and citizens to see progress on the Kirk Road construction. He stated the additional time would allow these key pieces to be secured. He stated the work on Kirk Road was going to continue regardless of the Commission hearing the request at this public hearing or in six weeks. He requested a deferral of the item to the July 23, 2009, public hearing. There was no further discussion of the item. The Chair entertained a motion for deferral of the item. The motion carried by a vote of 7 ayes, 1 noes, 2 absent and 1 recusal (Commissioner Troy Laha). June 11, 2009 ITEM NO.: E FILE NO.: Z-4807-F NAME: Shackleford Farms Long-form POD Time Extension LOCATION: Located North of Wellington Hills Road and West of the Villages of Wellington Subdivision DEVELOPER: Whisenhunt Investment 35 Windsor Court Little Rock, AR 72212 ENGINEER: Development Consultant, Inc. 2200 North Rodney Parham Road Little Rock, AR 72212 AREA: 10.08 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: POD ALLOWED USES: O-2 and C-2 - Mix of 70% Office and 30% Commercial Uses PROPOSED ZONING: POD – Two-Year Time Extension PROPOSED USE: O-2 and C-2 - Mix of 70% Office and 30% Commercial Uses VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: Ordinance No. 19,560 adopted by the Little Rock Board of Directors on June 27, 2006, approved a rezoning of this site from various zoning classifications to POD (Planned Office Development) to establish a conceptual plan and define uses for the property. The approval was to secure the POD zoning and as the final plan for the site was secured, a revision to the approved POD would be reviewed by the Planning Commission and the Board of Directors for compliance with the following established criteria: June 11, 2009 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: Z-4807-F 2 BASIC DEVELOPMENT COMPOSITION - 1. The 10.08 acre site will be developed with office and commercial uses with an approximate balance of 70% office and 30% commercial measured on a proportional basis of building area for the entire property. 2. The maximum building square footage shall be tied to the proposed usage mix of the final development plan. The maximum density for commercial uses shall be limited to thirty thousand (30,000) square feet per acre of commercial uses. Based upon this maximum density the maximum commercial area shall be thirty thousand (30,000) square feet of which the maximum area for restaurant use shall be limited to sixteen thousand (16,000) square feet. 3. If the property is developed exclusively for office uses the maximum area would be two hundred (200,000) square feet or if developed for mixed use the maximum would be one hundred and forty thousand (140,000) square feet based upon the densities set forth. 4. For commercial development uses shall be limited to those identified under the C-2 Commercial classification as amended on the date that of final plan approval with accessory and conditional uses for this classification also available. 5. For office development uses shall be limited to those identified under the 0-2 Office classification as amended on the date of final plan approval with accessory and conditional uses for this classification also available. 6. The property may be developed as a mix of individual lots and buildings or may include multiple buildings on a single site. 7. Buildings use on the property may be used for single or mixed purposes as otherwise subject to the limitations set forth. BASIC DEVELOPMENT GUIDELINES - 1. The layout of proposed building and site improvements shall be subject to approval by the Planning Commission and the City of Little Rock Board of Directors as an amendment to this POD application. 2. Proposed building designs shall be subject to approval by the Subdivision Committee and the Department of Planning and Development. 3. The maximum building height allowed shall be Eighty (80) feet 4. All site lighting shall be low level directed away from adjacent property and shielded downward and onto the site. 5. All trash enclosures shall be oriented away from boundary streets screened with masonry enclosures and gated with screened gate panels. June 11, 2009 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: Z-4807-F 3 6. Use of any outdoor speaker or sound amplification system shall be prohibited on the property except for one half hour before and after the users hours of being open to the general public provided the operation of any such speaker and system does not emit sound plainly audible from adjoining properties or boundary streets. 7. All landscape and buffer areas shall be provided to meet or exceed City of Little Rock ordinance requirements and shall provide a minimum of twenty five (25) feet of buffer along boundary streets. 8. All portions of the property shall be landscaped to meet or exceed City of Little Rock ordinance requirements. PUBLIC INFRASTRUCTURE IMPROVEMENTS – Prior to any final plan approval - 1. The developer shall provide the City with an updated traffic study which shall be based upon the traffic study dated April 4, 2006 along with the addendum dated May 24, 2006 collectively the original traffic study prepared by Peters Associates Engineers Inc. so long as the traffic study fairly and accurately represents the traffic condition in the area of the development for which final plan approval is sought. 2. If there have been any modifications of the City Master Street Plan these amendments shall be deemed a part of this ordinance and the developer shall comply with all of the applicable standards that are part of the Master Street Plan in effect on the date that final plan approval is requested. 3. If it is determined from the updated traffic study required by this subsection that projected levels of service at any intersections adjacent to the proposed development will likely fall below acceptable levels of service as that term is defined by the Institute of Transportation Engineers at the time of the application for final plan approval then as a condition of such approval the developer shall agree to make such additional boundary street improvements as the City deems to be necessary to mitigate the impact of this development on that area. 4. The developer shall negotiate an agreement with City of Little Rock Public Works and Traffic Engineering for the installation of specific street improvements that will be required. 5. The developer shall review related utility infrastructure needs with the various utility companies and negotiate agreements for the installation of specific utility improvements that will be required understanding that the cost of relocation of any utilities may be the responsibility of the developer at the time of such relocation. June 11, 2009 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: Z-4807-F 4 6. Right of way dedications and easements to the City for required street drainage and utility improvements will be provided by the developer. 7. Notwithstanding any other provision of this ordinance the City shall only require improvements to infrastructure that are required by the impact of this development on the surrounding properties and roadways at the time of development that it has legal or constitutional authority to impose. SIGNAGE GUIDELINES - 1. Monument style signage shall be used and each sign shall not exceed 10 feet in height or 100 square feet in area as measured on one side. 2. Monument signage may be used on a shared or individual basis among buildings and tenants. 3. Final signage locations shall be subject to approval by the Planning Commission and the City of Little Rock Board of Directors as an amendment to this PCD application. 4. All building wall signage shall comply with City of Little Rock ordinance requirements based on the associated building use. GRADING & EXCAVATION GUIDELINES - 1. Preliminary grading shall be done on this property as part of a larger overall grading plan and project for nearby properties and roadways. This work will be done in advance of actual property development. 2. The developer shall provide an overall master grading plan covering this and surrounding properties to minimize future excavation work traffic disruption right of way damage and related hauling operations that will occur at the actual time of development. A. PROPOSAL/REQUEST: The applicant is now requesting approval by the Planning Commission of a time extension for implementation of the previously approved POD. 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. June 11, 2009 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: Z-4807-F 5 The applicant has indicated they have been actively working on the project in an effort to refine and further improve the design. The developers have indicated permitting cannot be achieved within the three year 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. According to the developer the roundabout has gone through several design modifications and while these were being prepared the contractors for the street construction moved off site to do other work. The modifications are completed and between weather and getting the contractors remobilized the work has recently started again. Drainage adjustments have been completed to allow for the modification and the dirt contractor has started with the grade changes as well. As soon as the work is completed curb and gutter will be installed along with the paving. These subcontractors are waiting to perform. The developers anticipate completing the road work north, east and west of the roundabout by the end of March. The remainder of the work south of Chenal Parkway should be completed by the end of April provided Entergy relocates their poles in a timely manner. (That work has not been completed.) Landscaping is progressing and will be completed shortly after these dates. The improvements plans to Chenal Parkway and Kanis Road were reviewed by staff and the plans have been revised based on staff’s comments. The developers are in the process of obtaining right of way from an adjacent owner in order to build the Kanis Road improvements. There are some utility adjustments required for the work and the developers are proceeding with completing the adjustments. As soon as the utilities have been adjusted contracts will be let to build the improvements. The City has issued the developers a Notice of Violation for failure to complete the street construction in a timely manner based on schedule dates submitted by the applicant. The City has also issued a demand letter stating the City will file a mandatory injunction to complete the road in a timely manner. A response is requested by the close of business March 11, 2009. If the response is not acceptable, the City will file a lawsuit in Circuit Court. B. EXISTING CONDITIONS: The site is a vacant gently sloping site; the remnant of the old Shackleford Dairy Farm. Kirk Road and Wellington Hills Drive are currently under construction. The roundabout for the intersecting roads has not been completed. The area to the west is developing as office and commercial uses abutting Chenal Parkway and the area to the east is the Villages of Wellington subdivision. North of the June 11, 2009 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: Z-4807-F 6 site is the Fellowship Bible Church campus and further north is Carrington Park Apartments (zoned MF-18) and a vacant O-3 zoned tract. To the east is a MF-18 zoned tract, which has developed as a multi-family development. South of the site is a PD-C zoned property developed as Riverside Acura automobile dealership. Small-scale office development is occurring along Kirk Road on the east side and on the west side is an automobile repair shop and a convenience store. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area property owners. The Villages of Wellington Property Owners Association, the Coalition of West Little Rock Neighborhoods, 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 RECOMMENDATIONS: Staff has concerns with the granting of a two (2) year time extension and feels a one-year time extension is more appropriate. After the one-year extension, the City and the applicant can review the progresses made on the required improvements to determine if additional time for the submission of the final development plan should be granted. Staff recommends approval of a one-year time extension for the proposed development subject to compliance with all previously approved comments and conditions. PLANNING COMMISSION ACTION: (MARCH 19, 2009) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had requested on March 14, 2009, a deferral of the item to the April 30, 2009, 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 deferral of the item as presented by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. June 11, 2009 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: Z-4807-F 7 STAFF UPDATE: The item was deferred from the March 19, 2009, public hearing at the applicant’s request. There has been no change to the application or the request since the previous staff write-up. Staff continues to recommend approval of a one-year time extension in-lieu of the applicant’s request for a two-year time extension for submission of a final development plan for the approved PCD zoning. PLANNING COMMISSION ACTION: (APRIL 30, 2009) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated April 24, 2009, requesting a deferral of the item to the June 11, 2009, public hearing. Staff stated the applicant had indicated additional time was needed for on-going negotiations to acquire the necessary right of way for Kirk Road widening. Staff stated the acquisition of the right of way directly affected the developer’s ability to update the work schedule for the Kirk Road improvements. Staff stated they were supportive of the deferral request There was no further discussion of the item. The chair entertained a motion for placement of the item on the consent agenda for deferral as recommended by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. STAFF UPDATE: There has been no change to this application request since the previous staff write-up. Staff continues to recommend approval of a one (1) year time extension for the approved POD. PLANNING COMMISSION ACTION: (JUNE 11, 2009) The applicant was present. There were registered objectors present. Staff presented the item with a recommendation of approval of a one-year time extension. Commissioner Laha stated due to previous engagements with the owners representative, Mr. Hathaway, he would have to recuse from the discussion of the item. The Chair called the applicant to the podium stating the Commission’s practice was to allow a deferral of an item when there were eight or fewer Commissioners present. He stated with the two Commissioners absent and the recusal of Commissioner Laha there June 11, 2009 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: Z-4807-F 8 were currently eight Commissioners present to vote on the item. The Chair stated for an item to pass it would take six affirmative votes. He stated with the deferral option this would allow the applicant an opportunity to have more Commissioners present to discuss and vote on the item. Mr. Hathaway stated his clients would like to defer the item. He stated there were a number of key pieces that needed to fall into place for the Commission and citizens to see progress on the Kirk Road construction. He stated the additional time would allow these key pieces to be secured. He stated the work on Kirk Road was going to continue regardless of the Commission hearing the request at this public hearing or in six weeks. He requested a deferral of the item to the July 23, 2009, public hearing. There was no further discussion of the item. The Chair entertained a motion for deferral of the item. The motion carried by a vote of 7 ayes, 1 noes, 2 absent and 1 recusal (Commissioner Troy Laha). June 11, 2009 ITEM NO.: F FILE NO.: Z-4807-G NAME: Shackleford Farms Long-form PCD Time Extension LOCATION: Located South of Wellington Hills Road and East of Kirk Road DEVELOPER: Whisenhunt Investment 35 Windsor Court Little Rock, AR 72212 ENGINEER: Development Consultant, Inc. 2200 North Rodney Parham Road Little Rock, AR 72212 AREA: 30.28 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: PCD ALLOWED USES: C-2 and O-2 - Mix of 70% Commercial and 30% Office Uses PROPOSED ZONING: PCD – Two-Year Time Extension PROPOSED USE: C-2 and O-2 - Mix of 70% Commercial and 30% Office Uses VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: Ordinance No. 19,561 adopted by the Little Rock Board of Directors on June 27, 2006, rezoned this site from C-1, Neighborhood Commercial and O-2, Office and Institutional to PCD (Planned Commercial Development) to provide a conceptual plan and establish uses for the property. The approval was to secure the PCD zoning and as the final plan for the site was secured, a revision to the approved PCD would be submitted for review by the Planning Commission and the Board of Directors for compliance with the following established criteria: BASIC DEVELOPMENT COMPOSITION - The 30.28 acre site set forth in Section 1 above shall be developed as follows: June 11, 2009 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: Z-4807-G 2 1. Seventy (70) percent of the building area of the site shall be developed for commercial purposes. 2. Thirty (30) percent of the building area of the site shall be developed for office purposes. 3. The maximum building square footage shall be tied to the proposed usage mix of the final development plan. 4. The maximum density for commercial uses shall be limited to twenty thousand (20,000) square feet per acre of commercial uses. 5. Based upon this maximum density the maximum commercial area shall be two hundred and twelve thousand (212,000) square feet of which the maximum area for restaurant use shall be limited to forty two thousand (42,000) square feet. 6. If the property is developed exclusively for office uses the maximum area would be six hundred and six thousand (606,000) square feet or if developed for mixed use the maximum would be one hundred and eighty two thousand (182,000) square feet based upon the densities set. Limitation on types of uses - 1. For commercial development uses shall be limited to those identified under the C-2 Commercial classification as amended on the date that of final plan approval with accessory and conditional uses for this classification also available. 2. For office development uses shall be limited to those identified under the 0-2 Office classification as amended on the date of final plan approval with accessory and conditional uses for this classification also available. 3. The property may be developed as a mix of individual lots and buildings or may include multiple buildings on a single site. 4. Buildings use on the property may be used for single or mixed purposes as otherwise subject to the limitations set forth in this ordinance. BASIC DEVELOPMENT GUIDELINES - 1. The layout of proposed building and site improvements shall be subject to approval by the Planning Commission and the City of Little Rock Board of Directors as an amendment to this PCD application. 2. Proposed building designs shall be subject to approval by the Subdivision Committee and the Department of Planning and Development. June 11, 2009 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: Z-4807-G 3 3. The maximum building height allowed shall be Forty-five (45) feet for commercial buildings and Fifty (50) feet for office buildings. 4. All site lighting shall be low level directed away from adjacent property and shielded downward and onto the site. 5. All trash enclosures shall be oriented away from boundary streets screened with masonry enclosures and gated with screened gate panels. 6. Use of any outdoor speaker or sound amplification system shall be prohibited on the property except for one-half hour before and after the users hours of being open to the general public provided the operation of any such speaker and system does not emit sound plainly audible from adjoining properties or boundary streets 7. All landscape and buffer areas shall be provided to meet or exceed City of Little Rock ordinance requirements. 8. All portions of the property shall be landscaped to meet or exceed City of Little Rock ordinance requirements. PUBLIC INFRASTRUCTURE IMPROVEMENTS - Prior to any final plan approval - 1. The developer shall provide the City with an updated traffic study which shall be based upon the traffic study dated April 4, 2006 along with the addendum dated May 24, 2006 collectively the original traffic study prepared by Peters Associates Engineers Inc. so long as the traffic study fairly and accurately represents the traffic condition in the area of the development for which final plan approval is sought. 2. If there have been any modifications of the City Master Street Plan these amendments shall be deemed a part of this ordinance and the developer shall comply with all of the applicable standards that are part of the Master Street Plan in effect on the date that final plan approval is requested. 3. If it is determined from the updated traffic study projected levels of service at any intersections adjacent to the proposed development will likely fall below acceptable levels of service as that term is defined by the Institute of Transportation Engineers at the time of the application for final plan approval then as a condition of such approval the developer shall agree to make such additional boundary street improvements as the City deems to be necessary to mitigate the impact of this development on that area. 4. The developer shall negotiate an agreement with City of Little Rock Public Works and Traffic Engineering for the installation of specific street improvements that will be required. June 11, 2009 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: Z-4807-G 4 5. The developer shall review related utility infrastructure needs with the various utility companies and negotiate agreements for the installation of specific utility improvements that will be required understanding that the cost of relocation of any utilities may be the responsibility of the developer at the time of such relocation. 6. Right of way dedications and easements to the City for required street drainage and utility improvements will be provided by the developer. 7. Notwithstanding any other provision of the ordinance the City shall only require improvements to infrastructure that are required by the impact of this development on the surrounding properties and roadways at the time of development that it has legal or constitutional authority to impose. SIGNAGE GUIDELINES - 1. Monument style signage shall be used and each sign shall not exceed 10 feet in height or 100 square feet in area as measured on one side. 2. Monument signage may be used on a shared or individual basis among buildings and tenants. 3. Final signage locations shall be subject to approval by the Planning Commission and the City of Little Rock Board of Directors as an amendment to this PCD application. 4. All building wall signage shall comply with City of Little Rock ordinance requirements based on the associated building use. GRADING & EXCAVATION GUIDELINES - 1. Preliminary grading shall be done on this property as part of a larger overall grading plan and project for nearby properties and roadways. This work will be done in advance of actual property development. 2. The developer shall provide an overall master grading plan covering this and surrounding properties to minimize future excavation work traffic disruption right of way damage and related hauling operations that will occur at the actual time of development. 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 June 11, 2009 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: Z-4807-G 5 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 applicant has indicated they have been actively working on the project in an effort to refine and further improve the design. The developers have indicated permitting cannot be achieved within the three year 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. According to the developer the roundabout has gone through several design modifications and while these were being prepared the contractors for the street construction moved off site to do other work. The modifications are completed and between weather and getting the contractors remobilized the work has recently started again. Drainage adjustments have been completed to allow for the modification and the dirt contractor has started with the grade changes as well. As soon as the work is completed curb and gutter will be installed along with the paving. These subcontractors are waiting to perform. The developers anticipate completing the road work north, east and west of the roundabout by the end of March. The remainder of the work south of Chenal Parkway should be completed by the end of April provided Entergy relocates their poles in a timely manner. (That work has not been completed.) Landscaping is progressing and will be completed shortly after these dates. The improvements plans to Chenal Parkway and Kanis Road were reviewed by staff and the plans have been revised based on staff’s comments. The developers are in the process of obtaining right of way from an adjacent owner in order to build the Kanis Road improvements. There are some utility adjustments required for the work and the developers are proceeding with completing the adjustments. As soon as the utilities have been adjusted contracts will be let to build the improvements. The City has issued the developers a Notice of Violation for failure to complete the street construction in a timely manner based on schedule dates submitted by the applicant. The City has also issued a demand letter stating the City will file a mandatory injunction to complete the road in a timely manner. A response is requested by the close of business March 11, 2009. If the response is not acceptable, the City will file a lawsuit in Circuit Court. June 11, 2009 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: Z-4807-G 6 B. EXISTING CONDITIONS: Street improvements are underway for Kirk Road to the north and Wellington Hills Road to the east. The proposed roundabout located at the intersection of these streets has not been completed. The development site is vacant and gently sloping; the remnant of the old Shackleford Dairy Farm. On the east side along Kirk Road is a dental office and an automobile dealership. On the west side is a convenience store, an auto repair shop and office buildings located in the office park currently accessed from Chenal Parkway. To the east of this area is the Villages of Wellington Subdivision. North of the site is the Fellowship Bible Church campus and further north is Carrington Park Apartments (zoned MF-18) and a vacant O-3 zoned tract. To the east is a MF-18 zoned tract, which has developed with a multi-family development. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received one informational phone call from an area property owner. The Villages of Wellington Property Owners Association, the Coalition of West Little Rock Neighborhoods, 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 RECOMMENDATIONS: Staff has concerns with the granting of a two (2) year time extension and feels a one-year time extension is more appropriate. After the one-year extension, the City and the applicant can review the progresses made on the required improvements to determine if additional time for the submission of the final development plan should be granted. Staff recommends approval of a one-year time extension for the proposed development subject to compliance with all previously approved comments and conditions. PLANNING COMMISSION ACTION: (MARCH 19, 2009) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had requested on March 14, 2009, a deferral of the item to the April 30, 2009, public hearing. Staff stated they were supportive of the deferral request. June 11, 2009 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: Z-4807-G 7 There was no further discussion of the item. The Chair entertained a motion for deferral of the item as presented by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. STAFF UPDATE: The item was deferred from the March 19, 2009, public hearing at the applicant’s request. There has been no change to the application or the request since the previous staff write-up. Staff continues to recommend approval of a one-year time extension in-lieu of the applicant’s request for a two-year time extension for submission of a final development plan for the approved PCD zoning. PLANNING COMMISSION ACTION: (APRIL 30, 2009) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated April 24, 2009, requesting a deferral of the item to the June 11, 2009, public hearing. Staff stated the applicant had indicated additional time was needed for on-going negotiations to acquire the necessary right of way for Kirk Road widening. Staff stated the acquisition of the right of way directly affected the developer’s ability to update the work schedule for the Kirk Road improvements. Staff stated they were supportive of the deferral request There was no further discussion of the item. The chair entertained a motion for placement of the item on the consent agenda for deferral as recommended by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. STAFF UPDATE: There has been no change to this application request since the previous staff write-up. Staff continues to recommend approval of a one (1) year time extension for the approved PCD. PLANNING COMMISSION ACTION: (JUNE 11, 2009) The applicant was present. There were registered objectors present. Staff presented the item with a recommendation of approval of a one-year time extension. Commissioner Laha stated due to previous engagements with the owners representative, Mr. Hathaway, he would have to recuse from the discussion of the item. June 11, 2009 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: Z-4807-G 8 The Chair called the applicant to the podium stating the Commission’s practice was to allow a deferral of an item when there were eight or fewer Commissioners present. He stated with the two Commissioners absent and the recusal of Commissioner Laha there were currently eight Commissioners present to vote on the item. The Chair stated for an item to pass it would take six affirmative votes. He stated with the deferral option this would allow the applicant an opportunity to have more Commissioners present to discuss and vote on the item. Mr. Hathaway stated his clients would like to defer the item. He stated there were a number of key pieces that needed to fall into place for the Commission and citizens to see progress on the Kirk Road construction. He stated the additional time would allow these key pieces to be secured. He stated the work on Kirk Road was going to continue regardless of the Commission hearing the request at this public hearing or in six weeks. He requested a deferral of the item to the July 23, 2009, public hearing. There was no further discussion of the item. The Chair entertained a motion for deferral of the item. The motion carried by a vote of 7 ayes, 1 noes, 2 absent and 1 recusal (Commissioner Troy Laha). June 11, 2009 ITEM NO.: 1 FILE NO.: S-867-HHHHHHH NAME: Chenal Valley Phase 24B & 27 Revised Preliminary Plat LOCATION: Located on Chenal Valley Drive just West of Orle Boulevard DEVELOPER: Deltic Timber Corp. #7 Chenal Club Boulevard Little Rock, AR 72223 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 98.3 acres NUMBER OF LOTS: 196 FT. NEW STREET: 11,050 LF CURRENT ZONING: R-2, Single-family PLANNING DISTRICT: 19 - Chenal CENSUS TRACT: 42.11 VARIANCES/WAIVERS REQUESTED: 1. A variance from Section 31-232(f) to allow the creation of a pipe stem lot (Lot 18 Block 107) 2. A variance from Section 31-231 to allow the creation of a lot without public street frontage (Lot 19 Block 107) 3. A variance from Section 31-232(a) to allow lots with a reduced minimum lot width (Lot 6 and Lot 13 Block 107) 4. A variance to allow five foot side yard setbacks for lots located in Phases 24B, 27B – 27D. 5. A request for approval of Section 31-231 to allow the development of the subdivision with private streets (Blocks 105, 106,107, 108, 109, 110, 113 and 116) 6. A variance to allow alternative pedestrian paths in-lieu of sidewalks abutting the private residential streets within the interior of the subdivision (Section 31-402) 7. A variance to allow an increased fence/wall height along the abutting streets Section 36-516) June 11, 2009 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-867-HHHHHHH 2 8. A variance from the Land Alteration Ordinance to allow advanced grading for Blocks 105, 106, 109 and 110. BACKGROUND: A preliminary plat to allow the creation of 688 single-family lots on 365 acres was reviewed and approved by the Planning Commission on April 19, 2001. The approved preliminary plat included the development of nine (9) phases with several blocks in each phase. The area currently under review was identified as a portion of Phase 9. The plat included the approval of several variances from the Subdivision Ordinance related to lot development and street construction standards. The approval also allowed the construction of alternate pedestrian paths for circulation within the green spaces of the subdivision. A. PROPOSAL/REQUEST: The applicant is seeking a revision to a portion of the previously approved preliminary plat to adjust the lot and street layout. The plat area contains 98.3 acres with the development of 196 single-family lots. There are several neighborhoods nestled within the overall plat area. The average lot size varies within these neighborhoods. Lot sizes nearer the golf course are indicated as larger lots with an average lot size of 150-feet by 175-feet. There are also lots with an average size of 60-feet by 150-feet, 75-feet by 150-feet and 115-feet by 150-feet. The subdivision is proposed to be developed with public and private streets and gated entrances. The plat indicates the construction of 11,050 linear feet of new public and private street. The plat indicates a phasing plan. Phase 24B includes the development of Block 113, Lots 19 – 20 and Lots 43-53 and Block 116, Lots 9-19. Phase 27A includes the development of Blocks 107 and 108. Phase 27B is proposed with the development of Blocks 105 and 106, Phase 27C includes development of Block 109, Lots 1 – 27 and 61 – 74 and Phase 27D includes development of Block 109, Lots 28 – 60. The plat includes a variance to allow alternative pedestrian paths within the open space areas of the subdivision in-lieu of sidewalks to serve the plat area. Alternative pedestrian paths have been approved with previous phases of the overall subdivision and have been designed to allow linkages within the neighborhoods and the overall Chenal Valley Subdivision. The development is proposing several variances from lot development standards. The development is also proposed with a variance to allow the development of the subdivision with private streets. More detail of the proposed variances is located within the Analysis Section of this report. June 11, 2009 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-867-HHHHHHH 3 A variance request from Section 36-516 is being requested to allow an increased fence height within the setback along the abutting streets. B. EXISTING CONDITIONS: The site is undeveloped and wooded with varying degrees of slope. The property is zoned R-2, Single-family, as is the property located to the south and to the north and west across Chenal Valley Drive. To the east of the area is the Chenal Valley golf course. The predominate zoning and use in the area is single-family. There is an area of MF-12 zoned property located to the northeast of the site on Chenal Valley Drive and Gordon Road. The multi-family zoned property appears to contain approximately 20 acres. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from the area property owners. All abutting property owners, the Coalition of West Little Rock Neighborhoods, the Witry Court Property Owners Association and the Bascom Place Property Owners Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. 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. 2. Stormwater detention ordinance applies to this property. 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. 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. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 6. 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. For City collection service, all alley radiuses should be designed for turning movement for S-Bus-36 vehicle as per the latest edition of ASSHTO Greenbook. June 11, 2009 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-867-HHHHHHH 4 7. Street names and street naming conventions must be approved by Public Works. Contact David Hathcock at (501) 371-4808. The names Mereville Boulevard and Mereville Circle are similar to an existing City street name. 8. Private access is proposed for these lots. In accordance with Section 31- 207, private streets must be designed to the same standards as public streets. A minimum access easement width of 45 feet is required and street width of 24 feet from back of curb to back of curb. A standard 80 foot cul-de-sac or tee type turnaround is required. 9. Turn around must be provided for a SU-30 vehicle attempting to enter the development. A stacking distance of 30 feet from pavement must also be provided. 10. Streetlights are required by Section 31-403 of the Little Rock code. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting/certificate of occupancy. Contact Traffic Engineering 379-1813 (Steve Philpott) for more information. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required, with easements, for this project. Contact Little Rock Wastewater Utility for additional information. Entergy: Approved as submitted. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. A Capital Investment Charge based on the size of the meter connection(s) will apply to this project in addition to normal charges. Water main extensions will be required in order to provide service to this property. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: Place fire hydrants per code. A minimum gate opening of 20 feet must be maintained on all gated entrances. An emergency secondary access must be provided to all areas developed where there are more than 30 residential dwellings. June 11, 2009 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-867-HHHHHHH 5 County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (May 21, 2009) Mr. Tim Daters of White-Daters and Associates was present representing the request. Staff presented an overview of the request stating there were few outstanding technical issues associated with the request. Staff requested Mr. Daters provide any proposed fencing in the general notes section of the site plan indicating the total height proposed for the fencing. Staff also requested the proposed streets to be labeled private if in fact the streets within the subdivision were proposed as private streets. Pubic Works comments were addressed. Staff stated no residential waste collection service would be provided on private streets unless the property owners association signed a waiver of damage claims for operation on private property. Staff also stated the street names and street naming conventions must be approved by Public Works. Staff stated a minimum access of 45 feet was required and a minimum street width of 24 feet from back of curb to back of curb was required on all interior streets. Staff stated the State Fire Code required areas developed with more than 30 residential dwellings required a secondary access. Mr. Daters stated he had met with the Fire Department and the secondary access had been provided. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised plat drawing to staff on May 27, 2009. The revised drawing has addressed the issues raised by staff at the May 21, 2009, Subdivision Committee meeting. A note has been included in the General Notes section of the preliminary plat indicating fencing and the height proposed. The plat also indicates the locations for the proposed “guard shacks” within the neighborhoods. The private streets have been labeled on the proposed plat. A fire department secondary access has been provided. June 11, 2009 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-867-HHHHHHH 6 The plat is indicated with rear/alley access for a several of the lots. If garbage collection is proposed from the alley the radiuses should be designed for turning movement for S-Bus-36 vehicle as per the latest edition of ASSHTO Greenbook. Lots located at the ends of alleys where access to customer trash bins will not be possible without extending the truck off the alley onto the customers drive will required the placement an garbage collection easement on an adjoining lot to allow the garbage collection to take place in the rear yard. The request is to allow a revision to a portion of a previously approved preliminary plat for Phases 24B and 27A-D of the Chenal Valley Subdivision. The revision allows for an adjustment of the street layout and lot layout within the previously approved plat area. The area contains 98.3 acres and 196 single- family lots for a density of 1.99 units per acre. The lots proposed nearer the golf course are larger lot sizes with an average lot size of 105-feet by 175-feet. Smaller lots are proposed within three additional neighborhoods with the lots average size ranging from 60-feet by 150-feet, 75-feet by 150-feet and 115-feet by 150-feet. The subdivision is proposed with a variance from the Subdivision Ordinance, Section 31-231, to allow the development of the subdivision with private streets for Blocks 105, 106, 107, 108, 109, 110, 113 and 116. The development is proposed with private streets and gated entrances. The plat indicates the construction of 11,050 linear feet of new street both public and private. A portion of Marimont Boulevard entering the neighborhoods from Chenal Valley Drive will be constructed as a public street. The remaining streets are private. The plat indicates development in five (5) phases. Phase 24B includes the development of Block 113, Lots 19 – 20 and Lots 43-53 and Block 116, Lots 9-19. Phase 27A includes the development of Blocks 107 and 108. Phase 27B is proposed with the development of Blocks 105 and 106, Phase 27C includes development of Block 109, Lots 1 – 27 and 61 – 74 and Phase 27D includes development of Block 109, Lots 28 – 60. The plat includes a variance from the Subdivision Ordinance, Section 31-402, to allow alternative pedestrian paths within the open space areas of the subdivision in-lieu of sidewalks. According to the applicant, alternative pedestrian paths have been approved with previous phases of the overall subdivision and have been designed to allow linkages within the neighborhoods and the overall Chenal Valley Subdivision. There are several variances from the typical lot development standards of the Subdivision Ordinance. The plat indicates a variance from Section 31-232(f) to allow the creation of a pipe stem lot for Lot 18 Block 107. The plat also indicates a variance from Section 31-231 to allow the creation of a lot without public street frontage for Lot 19 Block 107. Lots 6 and 13 of Block 107 are indicated with a variance from Section 31-232(a) to allow lots with a reduced minimum lot width. The request includes a variance to allow five (5) foot side yard setbacks for the June 11, 2009 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-867-HHHHHHH 7 lots located within Phases 24B, 27B - 27D. Staff is supportive of the variances proposed. The lot development standards being requested are similar to development standards approved with the previous preliminary plat. The request includes a variance from the City’s Land Alteration Ordinance to allow grading of the lot area contained within Blocks 105, 106, 109 and 110. The developers have indicated there are areas of cut and fill in located in these Blocks that can be distributed on-site to eliminate the need to haul out and in dirt at the time of development of the individual lots. The developer has stated if the lots are filled on an individual lot basis there will be drainage concerns. Staff feels the request is reasonable and is supportive of the request. Staff recommends the issuance of the advanced grading permit be tied to the grading request associated with the final platting of one of the Blocks proposed for advanced grading. The request includes a variance to allow an increased fence/wall height along the abutting streets. The plat indicates the placement of a ten (10) foot decorative fence with twelve (12) foot brick and stone columns around the perimeters of the subdivision. Staff is supportive of the fencing/wall as indicated. The request is similar to fence/wall construction that has occurred in several previous phase of Chenal Valley. Staff is supportive of the proposed plat and the associated variances. The subdivision is proposed with similar development standards as previous phases of Chenal Valley. Staff does not feel the variances requested will significantly impact the development or the area. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comment and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends approval of the following variance requests: 1. From Section 31-232(f) to allow the creation of a pipe stem lot (Lot 18 Block 107) 2. From Section 31-231 to allow the creation of a lot without public street frontage (Lot 19 Block 107) 3. From Section 31-232(a) to allow lots with a reduced minimum lot width (Lot 6 and Lot 13 Block 107) June 11, 2009 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-867-HHHHHHH 8 4. From Section 31-231 to allow the development of the subdivision with private streets (Blocks 105, 106,107, 108, 109, 110, 113 and 116) 5. To allow alternative pedestrian paths in-lieu of sidewalks abutting the private residential streets within the interior of the subdivision (Section 31-402) 6. From Section 36-516 allow an increased fence/wall height along the abutting streets 7. From the Land Alteration Ordinance to allow advanced grading of the lots located within Blocks 105, 106, 109 and 110 subject to the issuance of a grading permit related to the final platting for one of the Blocks proposed for advanced grading 8. To allow a five (5) foot side yard setback on lots located within Blocks 24B, 27B – 27D PLANNING COMMISSION ACTION: (JUNE 11, 2009) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comment and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff also presented a recommendation of approval of the following variance requests: 1. From Section 31-232(f) to allow the creation of a pipe stem lot (Lot 18 Block 107) 2. From Section 31-231 to allow the creation of a lot without public street frontage (Lot 19 Block 107) 3. From Section 31-232(a) to allow lots with a reduced minimum lot width (Lot 6 and Lot 13 Block 107) 4. From Section 31-231 to allow the development of the subdivision with private streets (Blocks 105, 106,107, 108, 109, 110, 113 and 116) 5. To allow alternative pedestrian paths in-lieu of sidewalks abutting the private residential streets within the interior of the subdivision (Section 31-402) 6. From Section 36-516 allow an increased fence/wall height along the abutting streets 7. From the Land Alteration Ordinance to allow advanced grading of the lots located within Blocks 105, 106, 109 and 110 subject to the issuance of a grading permit related to the final platting for one of the Blocks proposed for advanced grading 8. To allow a five (5) foot side yard setback on lots located within Blocks 24B, 27B – 27D June 11, 2009 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-867-HHHHHHH 9 There was no further discussion of the item. The Chair entertained a motion for placement of the item on the Consent Agenda for approval. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. June 11, 2009 ITEM NO.: 2 FILE NO.: S-1631 NAME: 9010 Stagecoach Road Subdivision Site Plan Review LOCATION: Located at 9010 Stagecoach Road DEVELOPER: Gregg Betts P.O. Box 17253 Little Rock, AR 72222 ENGINEER: McGetrick and McGetrick Engineering #10 Otter Creek Court Little Rock, AR 72210 AREA: 4.45 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: C-3, General Commercial District PLANNING DISTRICT: 16 – Otter Creek CENSUS TRACT: 41.03 VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: The property located at 9010 Stagecoach Road is zoned C-3, General Commercial District and was previously approved for an advanced grading permit to allow grading and filling of this 4.45 acre tract with the issuance of a building permit. The site will be developed with four buildings containing 27,500 square feet of space. The maximum building height proposed is 30 feet. The maximum height of the parking lot lighting poles is also 30-feet. The applicant has indicated all interior lighting will be directed downward and into the parking lot area, not spilling onto adjacent properties. The development is proposed with a maximum building coverage of 13.10 percent and maximum site coverage of 34.73 percent. A total of 52.17 percent will be dedicated to open space. Included on the site plan are 128 parking spaces. The development is proposed in multiple phases. June 11, 2009 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1631 2 As a commitment to the previously approved advanced grading permit, the applicant has agreed to install tree plantings along the western perimeter of the site adjacent to the residential neighborhood. The applicant has also indicated approximately 2.5 acres located to the southwest which will remain as undisturbed. A commitment has been made to retain as many large trees as feasible on the site. B. EXISTING CONDITIONS: The property contains approximately 4.45 acres and is zoned C-3, General Commercial District. The property fronts Stagecoach Road along the west side and the north property line is approximately 300 feet south of Baseline Road. The property is undeveloped. The property has a small pond, which is approximately 0.17 acres. The zoning along the north property line varies. From east to west, the zoning is C-3, General Commercial District to C-2, Shopping Center District and R-2, Single-family District. The property to the west is Stagecoach Village, which is a PRD development of attached single-family homes. The property to the south is zoned R-2, Single-family with older existing residential structures. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received one informational phone call from an area resident. All property owners located within 200 feet of the site, the Southwest Little Rock United for Progress and the Otter Creek Homeowners Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. A special Grading Permit for Flood Hazard Areas will be required per Section 8-283 prior to construction. 2. The minimum finish floor elevation of at least one (1) foot above the base flood elevation is required to be shown on plat and grading plans. 3. Sidewalks with appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. Five (5) foot sidewalks should be placed at the property line. 4. Stagecoach Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. 5. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. June 11, 2009 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1631 3 6. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. 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. Per Section 29-189(d), groups of trees and individual trees that are not to be removed or are located within required undisturbed buffer areas shall be protected during construction by protective fencing and shall not be used for material storage or for any other purpose. 9. Stormwater detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. 10. On site striping and signage plans should be forwarded to Public Works, Traffic Engineering for approval with the site development package. 11. Streetlights are required by Section 31-403 of the Little Rock code. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting/certificate of occupancy. Contact Traffic Engineering 379-1813 (Steve Philpott) for more information. 12. A Sketch Grading and Drainage Plan should be provided as required per Section 29-186 (e). Improvements and plantings agreed to as part of the Land Alteration Variance Request approval should be shown on plan. 13. 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. The Planning Commission approved a variance on April 30, 2009, to allow advanced grading of the site with issuance of a building permit. 14. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: A thirty foot overhead utility easement is required along Stagecoach Road. Center-Point Energy: No comment received. AT & T: No comment received. June 11, 2009 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1631 4 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 this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. Water will need to be extended across Stagecoach Road. 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. 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. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: Place fire hydrants per code. 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. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: 1. The site plan must comply with the City’s 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 northern and southern perimeters of the site. Seventy percent (70%) of this area is to remain undisturbed. 3. A thirty-three foot (33’) wide land use buffer is required to separate this proposed development from the residential property along the western perimeter of the site. Seventy percent (70%) of this area is to remain undisturbed. 4. As an approval of the grading plan, additional tree plantings are required in conjunction with this proposed development along the western perimeter. June 11, 2009 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1631 5 5. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the northern, southern, and western perimeters of the site where adjacent to residentially zoned or used property. Credit towards fulfilling this requirement can be given for existing trees and undergrowth that satisfies this year-around requirement. 6. A small amount of building landscaping will be required in conjunction with this request. 7. An automatic irrigation system to water landscaped areas will be required. 8. Prior to the issuance of a building permit, it will be necessary to provide an approved landscape plan stamped with the seal of a Registered Landscape Architect. 9. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (May 21, 2009) Mr. Pat McGetrick and Mr. Greg Betts were present representing the request. Staff presented an overview of the item stating the Commission had previously approved a request for advanced grading on the property with the issuance of a building permit for one building. Staff stated the current request was a multiple building site plan review or a Subdivision Site Plan Review for the property. Staff requested Mr. McGetrick provide the location of the cedar trees to be planted and the spacing of the trees along the western perimeter. Staff requested Mr. McGetrick provide a note on the site plan indicating the areas to remain undisturbed. Staff also requested Mr. McGetrick relocate the western most dumpster away from the residentially zoned and used property. Public Works comments were addressed. Staff stated the minimum finished floor elevation of at least one foot above the base flood elevation was required to be shown on the grading plans. Staff stated groups of trees or individual trees that were to remain on the site were to be protected during construction and those areas were not to be used for material storage. Staff also stated the stormwater detention ordinance would apply to the property. Staff requested the location of the stromwater detention be provided on the plan. Landscaping comments were addressed. Staff stated a twenty-one (21) foot wide land use buffer was required along the northwestern portion of the site and a thirty-three (33) foot wide land use buffer was required along the western perimeter of the site. Staff stated a six (6) foot high opaque screening June 11, 2009 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1631 6 mechanism was required along the northern, western and southern perimeters. Staff stated a small amount of building landscaping was required in conjunction with the request. Staff also stated an automatic irrigation system to water landscape areas would be required. Staff noted a landscape plan stamped with the seal of a registered landscape architect would be required at the time of building permit. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: Mr. McGetrick submitted a revised site plan to staff addressing the issues raised at the May 21, 2009, Subdivision Committee meeting. The cedar trees have been located along the western perimeter. The areas to remain undisturbed have been identified and the northwest dumpster has been relocated. The land use buffers and screening fence have been indicated on the site plan. The detention pond has been included on the revised site plan. The development is proposed with four buildings and a total of 27,500 square feet of retail space. The development is proposed with 128 parking spaces. Based on the typical ordinance standard for shopping center development one parking space per every 225 gross square feet of space is typically required. Based on the ordinance, a total of 122 parking spaces would be required to serve the development and an additional four (4) spaces would be required to serve an outdoor dining area proposed for a total of 126 parking spaces. The indicated parking is adequate to serve the proposed shopping center. The development is proposed in four (4) phases. The southern most building is proposed in the first phases. The building is proposed with two (2) bays with a total of 2,100 square feet each. An outdoor dining area is indicated on the site plan along the western most portion of the building. The dining area is proposed as a 30-foot by 35-foot area with 1,050 square feet. Phase 1 will include the construction of 55 parking spaces. Phase 2 would allow the construction of two (2) additional spaces and a total of 4,200 square feet of space. The building is indicated with a drive through window located along the eastern side of the building. The applicant has indicated the final users have not been identified and the inclusion of the drive through allows for future flexibility. With the Phase 2 development an additional 32 parking spaces will be added. June 11, 2009 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1631 7 Phase 3 is proposed with the construction of four (4) spaces with 2,100 square feet of space and two (2) spaces with 2,200 square feet of space for a total of 12,800 square feet. Forty-one (41) additional parking spaces will be added with this phase. The final phase consist of building construction only. The building is proposed with 6,300 square feet of space in three (3) bays. A single ground mounted sign will be located along Stagecoach Road. The sign is proposed as allowed in commercial zones or a maximum of thirty-six (36) feet in height and one hundred sixty (160) square feet in area. Building signage is proposed per Section 36-557(a). The ordinance states all on-premises wall signs must face required street frontage except in complexes where a sign without street frontage would be the only means of identification for a tenant. The plan indicates the placement of eight (8) new cedar trees along the western perimeter and the retention of a number of existing trees in this area. The trees are indicated as a part of a commitment made with the approval of the advanced grading permit approved by the Commission at their April 30, 2009, public hearing. The site plan indicates the placement of a screening fence along the northern and western perimeters where adjacent to single-family zoned or used property. The land use buffers have been indicated consistent with the typical buffer ordinance requirements. Staff is supportive of the request. The development appears to fully comply with the typical ordinance development standards for the current C-3, General Commercial District zoning district, the landscape and the buffer ordinances. To staff’s knowledge there are no outstanding technical issues associated with the request. The site plan indicates the placement of 52.17 percent of the site dedicated to open space. Staff does not feel the development as proposed will significantly impact the area. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comment and conditions as outlined in paragraphs D, E and F of the agenda staff report and compliance with conditions and comments made with the land alteration variance approved on April 30, 2009. June 11, 2009 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1631 8 PLANNING COMMISSION ACTION: (JUNE 11, 2009) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comment and conditions as outlined in paragraphs D, E and F of the agenda staff report and compliance with conditions and comments made with the land alteration variance approved on April 30, 2009. There was no further discussion of the item. The Chair entertained a motion for placement of the item on the Consent Agenda for approval. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. June 11, 2009 ITEM NO.: 3 FILE NO.: LU09-12-01 Name: Land Use Plan Amendment – West 65th Street Planning District Location: 6620 South University Avenue Request: Commercial and Residential Low to Commercial Source: Jeronimo Lopez, Owner; Terry Burruss Architects, Agent PROPOSAL / REQUEST: The applicant has amended the application to remove the Commercial use along Mabelvale Pike, so a Land Use Plan amendment is no longer necessary. Staff requests this item be withdrawn from consideration. Staff is supportive of this request. PLANNING COMMISSION ACTION: (JUNE 11, 2009) The item was placed on consent agenda for withdrawal. By a vote of 9 for and 0 against the consent agenda was approved. June 11, 2009 ITEM NO.: 3.1 FILE NO.: Z-2326-B NAME: G & S Insulation Short-form PCD LOCATION: Located at 6620 South University Avenue DEVELOPER: Jeronimo Insulating LLC 6602 South University Avenue Little Rock, AR 72209 SURVEYOR: Brooks Surveying, Inc. 20820 Arch Street Pike Hensley, AR 72065 AREA: 1.96 acres NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF CURRENT ZONING: C-4, Open Display District and R-2, Single-family District ALLOWED USES: Commercial Outdoor Display and Single-family Residential PROPOSED ZONING: PCD PROPOSED USE: Office Warehouse – Contractors Storage Yard and Single-family VARIANCES/WAIVERS REQUESTED: None Requested. BACKGROUND: On January 8, 1970, the Little Rock Planning Commission reviewed a request to rezone this property from A, One-family District to D, Apartment District and G-1, Commercial District. Staff presented a recommendation of approval of the rezoning for the G-1, Commercial District portion of the tract and denial of the rezoning to the D, Apartment District for the west portion of the tract. A motion was made by the Commission to approve the request as recommended by staff. The motion carried. The Board of Directors approved the request on January 19, 1970, by the adoption of Ordinance No. 12,317. June 11, 2009 SUBDIVISION ITEM NO.: 3.1 (Cont.) FILE NO.: Z-2326-B 2 At the March 16, 1996, public hearing the Little Rock Planning Commission was to review a request to allow the western portion of the property to be utilized as an all terrain vehicle riding and safety course to be used for training of new ATV operators. The applicant submitted a request for withdrawal of the item prior to the Commission acting on the request. The item was withdrawn with prejudice at the March 16, 1996, public hearing. A. PROPOSAL/REQUEST: G & S insulation has recently purchased the property located at 6620 South University Avenue to house an insulation business office and warehouse. The property is identified as Tract 1 containing 1.38 acres and Tract 2 containing 0.53 acres. Tract 1 is zoned C-4, Open Display District and Tract 2 is zoned R-2, Single-family District. The request includes a rezoning of Tract 1 and a portion of Tract 2 to PCD to allow commercial development to occur within a portion of the existing residentially zoned area. The remaining R-2, Single-family zoned portion of the Tract will remain zoned residentially and is proposed with a new single- family home. The single-family lot will be created as a 109.19 foot by 140-foot residential lot with access from Mabelvale Pike. There are two existing buildings, a warehouse containing 5,000 square feet and the retail building containing 11,700 square feet located on Tract 1. The site is paved from the north property line to within five feet of the south property line. The proposal includes the removal of the rear building and construction of a new 14,100 square foot warehouse building to house materials and allow parking of service vehicles indoors. B. EXISTING CONDITIONS: The site contains two vacant buildings, which appear to have previously been used as a restaurant supply business. To the north is Richard’s Honda and to the south is Crane Chevrolet. A fence has been installed along the rear of Tract 1 and the Tract 2 area is vacant. The area along South University Avenue is developed with commercial businesses. The road is constructed as a four-lane road with a grassed median. Mabelvale Pike is a narrow roadway with open ditches and no sidewalks. In this section of Mabelvale Pike there are few homes located on the east side of the road. The homes on the west side are homes located on larger lots or acreage. Directly across from the proposed development a new home has recently been constructed and a second home appears to have recently undergone a significant renovation. June 11, 2009 SUBDIVISION ITEM NO.: 3.1 (Cont.) FILE NO.: Z-2326-B 3 C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several 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, Southwest Little Rock United for Progress, the South Brookwood Ponderosa Neighborhood Association, the Meadowcliff Brookwood Neighborhood Association and the Wakefield Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Mabelvale Pike is classified on the Master Street Plan as a collector street. A dedication of right-of-way 30 feet from centerline will be required. 2. With site development, provide the design of the street conforming to the Master Street Plan. Construct one-half street improvement to Mabelvale Pike including 5-foot sidewalks with the planned development. Mabelvale Pike should be widened with the new back of curb placed 18 feet from centerline of the street and the back of the sidewalk placed on the property line. 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. Stormwater detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. 5. Per Section 31-210, service easement shall not connect in direct line to public streets, so as to provide short cuts or alternate street flows. 6. The proposed gate should be moved to beyond the property line. The gate should be placed 20 feet from the right-of-way line. 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. If disturbed area is one (1) or more acres, obtain a NPDES storm water 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. June 11, 2009 SUBDIVISION ITEM NO.: 3.1 (Cont.) FILE NO.: Z-2326-B 4 Entergy: Approved as submitted. 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. 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. Fire Department: Place fire hydrants per code. Contact Little Rock Wastewater for additional information. County Planning: No comment. CATA: The site is located on CATA Bus Routes #17 and #17A – Mabelvale- Downtown and Mabelvale-UALR. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the 65th Street West Planning District. The Land Use Plan shows Single Family and Commercial for this property. The applicant has applied for a rezoning for a Planned Commercial Development for an insulation company’s office and warehouse. A Land Use Plan amendment to change the western portion of the site from Single Family to Commercial is a separate item on this agenda (LU09-12-01). Master Street Plan: South University Avenue is a Principal Arterial. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on South University Avenue since it is a Principal Arterial. Mabelvale Pike is a Collector. June 11, 2009 SUBDIVISION ITEM NO.: 3.1 (Cont.) FILE NO.: Z-2326-B 5 The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes in the immediate vicinity. Neighborhood Action Plan: This area is covered by the 65th Street West Neighborhood Plan. The Land Use and Zoning goal states: “Ensure that non residential development and multi family development in the area be limited to areas currently reserved for such uses on the Future Land Use Plan or in areas currently zoned for non residential and multi family uses.” Landscape: 1. The site plan must comply with the City’s landscape and buffer ordinance requirements. 2. A zoning buffer ordinance requires an average thirty-eight foot (38’) wide street buffer along both South University Avenue and along Mabelvale Pike, and at no point less than half. Due to the percentage of expansion on the site the existing parking shown in the street buffer area will be required to be removed in conjunction with this application. 3. The landscape ordinance requires a nine-foot wide (9’) landscape strip along all the perimeters of the site. A variance from the City Beautiful Commission must be obtained prior to the issuance of a building permit. 4. A small amount of building landscaping will be required in conjunction of this request. 5. An automatic irrigation system to water landscaped areas will be required. 6. Prior to the issuance of a building permit, it will be necessary to provide an approved landscape plan stamped with the seal of a Registered Landscape Architect. 7. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (May 21, 2009) Mr. Terry Burruss was present representing the request. Staff presented the item stating there were a number of outstanding technical issues in need of addressing prior to the item being forwarded to the Commission for final action. Staff stated the site plan indicated the placement of a five (5) foot landscape strip June 11, 2009 SUBDIVISION ITEM NO.: 3.1 (Cont.) FILE NO.: Z-2326-B 6 along the southern perimeter. Staff stated the Landscape Ordinance required a minimum landscape strip of nine (9) feet in this area. Staff requested Mr. Burruss provide the location of the dumpster facilities and a note on the site plan if the hours of dumpster service were to be limited. Staff questioned the gate opening to Mabelvale Pike. Staff stated they were not supportive of allowing commercial traffic to access Mabelvale Pike and stated they felt the indicated buffer area should be zoned residentially or open space. Staff requested Mr. Burruss provide the proposed use of the building and any alternative uses proposed for the site. Public Works comments were addressed. Staff stated the Stormwater Detention Ordinance would apply to development of the site. Staff requested Mr. Burruss provide the location of the proposed stromwater detention on the site plan. Staff stated if the gate was to remain, the gate was to be moved away from the property line and placed 20 feet from the right of way line to allow traffic to stack on the drive and not on the public street. Landscaping comments were addressed. Staff stated a thirty-eight foot wide street buffer along South University Avenue and Mabelvale Pike were required. Staff stated a small amount of building landscaping was required in conjunction with the future development of the site. Staff stated an automatic irrigation system would be required to water landscaped areas. Staff stated a landscape plan stamped with the seal of a registered landscape architect would be required at the time of development of the site. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: Mr. Burruss provided staff with a revised site plan addressing the issues raised at the May 21, 2009, Subdivision Committee meeting. The revised plan has removed the driveway access to Mabelvale Pike and indicated the western 140 feet of the site to remain zoned R-2, Single-family and subdivided to create a lot for future development of a new single-family home. Alternative uses for the commercial portion of the site are the allowable uses identified in the C-4, Open Display Zoning District. The site plan indicates the existing commercial structure contains 11,875 square feet. Of the space 9,875 square feet is warehouse space and 2,000 square feet is office space. The site contains a second warehouse building containing 5,000 square feet, which will be removed. A new structure will be constructed in June 11, 2009 SUBDIVISION ITEM NO.: 3.1 (Cont.) FILE NO.: Z-2326-B 7 the general location of the building to be removed containing 13,750 square feet of warehouse space. The final development will contain a total gross floor area of office and warehouse space of 25,625 square feet. The total site area proposed for commercial development is 70,469 square feet. The site is proposed developed with 36 percent building, 39 percent paved area and 25 percent landscape and open space. The area proposed for single-family development contains 15,278 square feet with a lot width of 109 feet and a lot depth of 140 feet. The site plan indicates the placement of 21 parking spaces. Based on typical ordinance standards for an office warehouse a total of 17 parking spaces would be required. The request includes the allowance of C-4, Open Display District uses as allowable alternative uses for the site. A number of the uses in the C-4, Open Display Zoning District are parking intensive and the available parking on the site would not support their use. Staff recommends all alternative uses match the available parking on the site. Signage is proposed consistent with signage allowed in commercial zones or a maximum of thirty-six feet in height and 160 square feet in area. Building signage is proposed consisting of a maximum of ten percent of the total façade area of the façade fronting a public street. The request includes the allowance of electronic signage. The signage will comply with the City’s sign ordinance. The new commercial building is proposed constructed of a pre-engineered steel frame with metal siding. The building will be used for storage of material and equipment. A dumpster has been located between the two buildings. The dumpster hours of service have been limited to normal business hours and daylight hours. The days and operation of the commercial business is from 7:30 am to 6:00 pm Monday through Friday. The revised site plan indicates the removal of the front paved area along South University Avenue to increase the street buffer. The site plan also indicates the removal of paving along the southern perimeter to increase the minimum landscape strip to nine (9) feet. A nineteen (19) foot buffer and a six foot screening fence is indicated along the commercial developments western perimeter to protect the adjacent proposed single-family development. Staff is supportive of the request. The development is to allow a new commercial/warehouse building on the property fronting South University Avenue and the construction of a new single-family home on property fronting Mabelvale Pike. The development is indicated with the installation of new landscaping along South University Avenue and a buffer along the rear of the commercial development to protect the single-family uses fronting Mabelvale Pike. To staff’s June 11, 2009 SUBDIVISION ITEM NO.: 3.1 (Cont.) FILE NO.: Z-2326-B 8 knowledge there are no outstanding technical issues associated with the request. Staff feels the development as proposed will enhance the site and offer new single-family to this area. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comment and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends any future alternate uses of the site match the available parking on the site. PLANNING COMMISSION ACTION: (JUNE 11, 2009) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comment and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff also presented a recommendation any future alternate uses of the site match the available parking on the site. There was no further discussion of the item. The Chair entertained a motion for placement of the item on the Consent Agenda for approval. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. June 11, 2009 ITEM NO.: 4 FILE NO.: Z-2332-C NAME: USA Drug - West Markham and Cedar Streets - Short-form PD-C LOCATION: Located on the Southeast corner of West Markham and Cedar Streets DEVELOPER: USA Drug 2100 Brookwood Drive Little Rock, AR 72202 ENGINEER/SURVEYOR: White Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 0.63 acres NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF CURRENT ZONING: PCD ALLOWED USES: Drug Store - Office PROPOSED ZONING: PCD PROPOSED USE: Drug Store VARIANCES/WAIVERS REQUESTED: None requested. The applicant requested, on May 26, 2009, this item be deferred to the July 23, 2009 public hearing. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (JUNE 11, 2009) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated May 26, 2009, requesting a deferral of the item to the July 23, 2009, public hearing. Staff stated they were supportive of the deferral request. June 11, 2009 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-2332-C 2 There was no further discussion of the item. The Chair entertained a motion for placement of the item on the Consent Agenda for deferral. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. June 11, 2009 ITEM NO.: 5 FILE NO.: Z-5397-A NAME: Promiseland Church Long-form PID LOCATION: Located at 3700 West 65th Street DEVELOPER: Promiseland Community Development Corporation 8923 Sunset Lane Little Rock, AR 72209 ENGINEER/SURVEYOR: Marlar Engineering 5318 JFK Boulevard North Little Rock, AR 72116 ARCHITECT: Terry Burruss Architects 614 Center Street Little Rock, AR 72201 AREA: 10.004 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: I-2, Light Industrial ALLOWED USES: Indoor Industrial Uses PROPOSED ZONING: PID PROPOSED USE: I-2 Uses and a Church VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: The Zoning Board of Adjustment approved a request to allow a reduced side yard setback to allow construction of a loading dock for this site at their January 28, 1991, public hearing. June 11, 2009 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-5397-A 2 A. PROPOSAL/REQUEST: The property located at 3700 West 65th Street contains a large industrial building with multiple tenants. The facility contains 155,000 square feet. The Community Development Corporation is leasing 21,263 square feet of the larger building to operate a child development center (daycare, after school care and summer camp) and house the CDC offices. The CDC intends to sub-lease the multi-purpose room to Promiseland Church as a temporary use. The church will meet in the Multi-purpose room primarily on Wednesdays fromr 7:00 to 9:00 pm and Sunday from 9:00 am to 3:00 pm. The temporary use by the church is to allow the church time to find a permanent location. The remaining 133,737 square feet will remain leased to the current tenants. The Community Development Corporation will also lease the Multi-purpose Room for other activities such as reunions and receptions to generate additional revenue. The site is presently zoned I-2, Light Industrial District which does not allow a church as an allowable use. The rezoning to PID would maintain the existing I-2, Light Industrial Uses while adding a church as an allowable use. B. EXISTING CONDITIONS: The site contains a large industrial building with multiple tenants. A portion of the building is leased to a heating and air-conditioning distributor. The area is primarily industrial uses. The Rice Depot is located to the south, across West 65th Street and to the west across Scott Hamilton are a fueling center and a commercial business. East of the site is Penske Truck Rental. West 65th Street is constructed as a four-lane street with a center turn lane at major intersections. There is a traffic signal located at the intersection of Scott Hamilton and West 65th Street. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received one informational phone call from an area resident. All property owners located within 200 feet of the site, all residents, who could be identified, located within 300 feet of the site, Southwest Little Rock United for Progress and the Upper Baseline Neighborhood Association were notified of the public hearing. June 11, 2009 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-5397-A 3 D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. West 65th Street is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. The centerline of West 65th Street is not provided. Applicability to this code cannot be verified. 2. A 20-foot radial dedication of right-of-way is required at the intersection of West 65th Street and Scott Hamilton Drive. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: Approved as submitted. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Fire Department: Approved as submitted. County Planning: No comment. CATA: The site is located on CATA Bus Route #16 – the 65th Street Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the 65th Street East Planning District. The Land Use Plan shows Industrial for this property. The applicant has applied for a rezoning for a long form Planned Industrial Development to add a church as an allowable use for the site. The request does not require a change to the Land Use Plan. Master Street Plan: West 65th Street is a Minor Arterial. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Scott Hamilton Road is a Collector. The primary function of a Collector Street is to provide a June 11, 2009 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-5397-A 4 connection from Local Streets to Arterials. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on these streets. 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. Neighborhood Action Plan: This area is covered by the Upper Baseline Neighborhood Plan, but it does not address this issue. Landscape: 1. The site plan must comply with the City’s landscape and buffer ordinance requirements. 2. All existing landscaping and fencing should be in good condition or replaced/repaired in conjunction with this application. 3. Any newly paved surfaces areas must be landscaped per City code. 4. If the rehabilitation costs exceeds fifty percent (50%) of the replacement cost of the building then the landscaping on the site must be brought into compliancy accordingly. G. SUBDIVISION COMMITTEE COMMENT: (May 21, 2009) Mr. Terry Burruss was present representing the request. Staff presented a summary of the request stating there were few outstanding technical issues associated with the request in need of addressing prior to the Commission acting on the request. Staff requested Mr. Burruss provide the total square footage proposed for each of the uses. Staff also requested Mr. Burruss provide the anticipated seating capacity of the church. Public Works comments were addressed. Staff stated a 20-foot radial dedication was required on West 65th Street and Scott Hamilton Drive and a right of way dedication of 45-feet from centerline was required on West 65th Street per the Master Street Plan. Landscaping comments were addressed. Staff stated all existing landscaping and fencing was required to be in good condition or replaced/repaired in conjunction with the current request. Staff stated any new paved areas were required to be landscaped per City code. Staff also stated if the rehabilitation cost exceeded fifty percent of the replacement cost of the building then the landscaping on the site was to be brought into compliance accordingly. June 11, 2009 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-5397-A 5 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 cover letter to staff addressing the issues raised at the May 21, 2009, Subdivision Committee meeting. The proposal is to rezone the site from I-2, Light Industrial District to PID to add a church as an allowable use for the property. The total square footage for each of the uses of the building is as follows: a. Community Development Corporation – 21,263 sf (office space, child development center, daycare, after school care, summer camp and church) b. Office/Warehouse – 37,500 sf c. Office/Warehouse 81,040 sf (Carrier) d. Office/Warehouse – 27,000 sf The total seating capacity of the church is 400. There are currently 250 members. The church services will be from 7:00 to 9:00 pm and Sunday from 9:00 am to 3:00 pm. Parking for a church is based on one (1) parking spaces per ever four seats in new principal assembly areas or additions to currently existing structures. Based on the proposed membership 100 parking spaces would be required to serve the church use. The site contains ample parking to support the proposed use. The request includes the allowance of the CDC’s Multi-purpose room for other activities such as reunions and receptions to generate additional revenue. Staff is not supportive of the “event center” aspect of the request. The applicant has not provided staff with details of the proposed uses, the hours of operation or the activities taking place related to the event center. Based on the lack of information staff can not support the request. The building and parking exist. There is no increase in building size or increase in parking area. The rehabilitation cost is anticipated to range from six to eight percent of the current sites building value. June 11, 2009 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-5397-A 6 Staff is not supportive of the request as filed. Staff feels the rezoning to add a church as an allowable use for the site is acceptable. Staff does not however support the allowance of rezoning the site to allow other event center type activities without the applicant providing details on the these activities including proposed hours of operation and the activities that will be taking place being better defined. I. STAFF RECOMMENDATION: Staff recommends denial of the request as filed. PLANNING COMMISSION ACTION: (JUNE 11, 2009) The applicant was present. There were no registered objectors present. Staff presented the item stating there were legal issues which had arisen and in need of addressing prior to the Commission acting on the request. Staff requested the item be deferred to the July 23, 2009, public hearing. Commissioner Yates called Pastor Antoine Scruggs to the podium to inform the Pastor as to the need for the deferral. Staff stated there was a City ordinance which did not allow the sale of light wine and beer near a church. Staff stated there was not a clause in the ordinance which allowed grandfathering. Staff stated there was an existing convenience store located within the specified distance of the proposed church location. Staff stated there were a number of legal issues which had been raised for consideration and needed addressing prior to the Commission moving forward. Pastor Scruggs requested staff keep him informed as to the progress of the request. There was no further discussion of the item. The Chair entertained a motion for placement of the item on the Consent Agenda for deferral to the July 25, 2009, public hearing. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. June 11, 2009 ITEM NO.: 6 FILE NO.: Z-5442-D NAME: James Mitchell School Revised Short-form PCD LOCATION: Located at 2410 South Battery Street 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 – Residential, Office, Commercial, Public/Quasi Public Uses PROPOSED ZONING: Revised PCD PROPOSED USE: Charter School – Add Gymnasium, Wellness Center, Commercial, Office, Public/Quasi Public, Media Center/Radio Station VARIANCES/WAIVERS REQUESTED: None requested. The applicant submitted a request dated May 27, 2009, requesting a deferral of this item to the July 23, 2009 public hearing to allow additional time to address comments raised at the May 21, 2009, Subdivision Committee meeting. Staff is supportive of the deferral request. June 11, 2009 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-5442-D 2 PLANNING COMMISSION ACTION: (JUNE 11, 2009) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated May 27, 2009, requesting a deferral of the item to the July 23, 2009, public hearing. Staff stated the additional time was necessary to address concerns raised at the May 21, 2009, Subdivision Committee meeting. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The Chair entertained a motion for placement of the item on the Consent Agenda for deferral. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. June 11, 2009 ITEM NO.: 7 FILE NO.: Z-6019-E NAME: Chenal Valley Tract 13 Long-form PCD LOCATION: Located on the Southwest corner of LaGrande Drive and Chenal Parkway DEVELOPER: Deltic Timber Corporation #7 Chenal Club Boulevard Little Rock, AR 72223 ENGINEER/SURVEYOR: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 5.83 acres NUMBER OF LOTS: 3 FT. NEW STREET: 0 LF CURRENT ZONING: PCD and O-2, Office and Institutional District ALLOWED USES: Restaurant, Bank and Office and Institutional Uses PROPOSED ZONING: PCD PROPOSED USE: Two (2) Restaurants and One (1) Office Building VARIANCES/WAIVERS REQUESTED: A variance from the Subdivision Ordinance (Section 31-231) to allow the creation of a lot without public street frontage. BACKGROUND: Ordinance No. 16,964 adopted by the Little Rock Board of Directors on September 15, 1995, rezoned a larger area including a portion of this property from R-2, Single-family and C-2, Shopping Center District to O-2, Office and Institutional District. On October 31, 1995, the Little Rock Planning Commission reviewed and approved a zoning site plan review for the development of a 19-acre tract to contain two, 2-story office buildings with 75,000 square feet each and parking for 601 vehicles. Phase I of the development was constructed (the GMAC Office Building). June 11, 2009 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-6019-E 2 A request to rezone a larger area including this site from O-2, Office and Institutional District, R-2, Single-family and PCD to POD was approved by the Little Rock Board of Directors on February 15, 2000, by the adoption of Ordinance No. 18,207. The majority of the property was zoned O-2, Office and Institutional District with a small portion of R-2, Single-family and PCD (part of a large PCD on the north side of LaGrande Drive). The existing GMAC Office building (27,000 square feet, 30-feet in height) and associated parking areas (268 parking spaces) were located within the southeast corner of the property. Access to the site was gained by utilizing an existing private access drive from LaGrande Drive, with a future access point shown to Chenal Parkway. The proposed POD zoning was to allow additional office development in two (2) phases. Phase I consisted of the construction of a second building containing 73,500 square feet and 402 parking spaces within the northeast portion of the property. Access to the building would be gained by utilizing the existing private access drive from LaGrande Drive. Phase II of the proposed POD development included construction of a third office building, 60-feet in height, and 783 parking spaces within the west one-half of the property. This portion of the development would also utilize the existing drive from LaGrande Drive as well as a second access to LaGrande Drive when the roadway was extended. These phases of development were not constructed. The Little Rock Planning Commission reviewed a request for the revocation of the POD approved in February 2002 for a portion of the site and reviewed a revised preliminary plat at their May 11, 2006, public hearing. The revocation restored portions of the property to the previously held O-2, Office and Institutional District zoning classification. The revision to the preliminary plat allowed the creation of four (4) lots from the formerly identified Tract B. Tract A contained the GMAC office building and Tract B was vacant. The entirety of the area proposed for preliminary platting reverted to the O-2, Office and Institutional District zoning district. The Little Rock Board of Directors approved the revocation request and the request for a variance from the Subdivision Ordinance to allow a lot without public street frontage on June 6, 2006. Ordinance No. 19,576 adopted by the Little Rock Board of Directors on August 15, 2006, rezoned a portion of this site from O-2, Office and Institutional District to PCD to allow the construction of a branch bank facility on now proposed Lot B-1A and a restaurant on Lot B-1B. The bank facility was proposed with a maximum of 4,500 square feet and 29 parking spaces. The restaurant was proposed with a maximum building footprint of 5,800 square feet and 157 parking spaces. A. PROPOSAL/REQUEST: The applicant is now proposing a rezoning of the site from PCD and O-2, Office and Institutional District to allow for construction of two restaurant buildings and a June 11, 2009 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-6019-E 3 single two-story office building. The restaurants are proposed fronting Chenal Parkway. One restaurant building is proposed with a drive-through with the building containing 3,825 square feet (Lot B-1A) and the second building is proposed with 6,300 square feet without drive-through facilities (Lot B-1B). The office building is proposed containing 29,600 square feet (Lot B-3). Parking is proposed with 47 spaces on Lot B-1A, 83 spaces on Lot B-1B and 99 spaces on Lot B-3. Lot B-1A is proposed containing 1.45 acres, Lot B-1B will contain 2.0 acres and Lot B-3 will contain 2.38 acres. Lot B-3 will be created with a variance from the Subdivision Ordinance (Section 31-231) as a lot without public street frontage. The lot will take access from a 60-foot access and utility easement. The lots fronting Chenal Parkway are located within the Chenal /Financial Center Parkway Design Overlay District. The development will comply with the typical development standards of the Overlay. B. EXISTING CONDITIONS: The property is undeveloped and covered with trees along Chenal Parkway. South of the site is an office building constructed on Chenal Parkway with access extending from LaGrande Drive to the site. North of the site is a new shopping center, the Promenade at Chenal. The main shopping area has been constructed but the out-parcels have not developed. To the west is vacant O-2, Office and Instructional zoned property. East, across Chenal Parkway is a mixture of office and commercial uses. LaGrande Drive is constructed as a four lane street with curb and gutter. Sidewalk is not in place adjacent to this site. Chenal Parkway is constructed as a four-lane road with a grassed median. There is a traffic light at the intersection of LaGrande Drive and Chenal Parkway. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received one informational phone call from an area resident. All property owners located within 200 feet of the site, all residents, who could be identified, located within 300 feet of the site, the Coalition of West Little Rock Neighborhoods, the Witry Court Property Owners Association and the Bascom Place Property Owners Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. 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 shall be installed along Chenal Parkway. June 11, 2009 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-6019-E 4 2. Extend the right turn lane on LaGrande Drive to the access easement. 3. Remove the proposed traffic island in the south driveway that accesses Chenal Parkway. 4. Remove the proposed west driveway to the parking lot on Lot B-3. 5. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 6. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 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. Stormwater detention ordinance applies to this property. 9. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 10. Street Improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. 11. On site striping and signage plans should be forwarded to Public Works, Traffic Engineering for approval with the site development package. 12. Construct right turn lane on Chenal Parkway adjacent to the property. 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: A ten (10) foot underground utility easement is required around the sites perimeter. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. A water main extension will be required to provide service to Lot B-3. 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 June 11, 2009 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-6019-E 5 regarding procedures for installation of the hydrant(s). CAW needs a 15-foot wide easement for existing 12-inch water main at the southwest corner of La Grande Drive and Chenal Parkway. CAW records show that an 8-inch private fire line encroaches upon this property from the parcel to the south. It should be cut and plugged at the property line. A Capital Investment Charge based on the size of the meter connection(s) will apply to this project in addition to normal charges. 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. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Chenal Planning District. The Land Use Plan shows Mixed Office Commercial for this property. The applicant has applied for a Planned Commercial Development to allow development of a two-story office building and two single story restaurants. The request does not require a change to the Land Use Plan. Master Street Plan: Chenal Parkway is a Principal Arterial. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Chenal Parkway since it is a Principal Arterial. LaGrande Drive is shown as a Collector. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class I bikeway is shown along Chenal Parkway. A Class I bikeway is built separate from or alongside a road. Additional paving and right of way may be required. Neighborhood Action Plan: This area is not covered by a Neighborhood Action Plan. Landscape: 1. The site plan must comply with the City’s landscape and buffer ordinance requirements. June 11, 2009 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-6019-E 6 2. The landscape ordinance requires a minimum of eight percent (8%) of the paved areas be landscaped with interior islands of at least seven and one-half feet (7 ½’) in width and 150 square feet in area. These interior islands are to be evenly distributed throughout the site. 3. This site plan will be reviewed as an overall development; therefore, the following apply to each lot at the time of building permit application and final development: a. An automatic irrigation system to water landscaped areas will be required. b. 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. 4. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (May 21, 2009) Mr. Tim Daters of White-Daters and Associates was present representing the request. Staff presented the item stating there were a few outstanding technical issues in need of addressing prior to the Commission acting on the request. Staff stated the site was located within the Chenal Parkway Design Overlay District and any development was to comply with the Overlay standards. Staff questioned if electronic signage was proposed for the development. Staff stated service easements were not to connect in a direct line to public streets, so as to provide short cut travel or alternate street flows. Staff also stated parking was not allowed to back into service easements. Public Works comments were addressed. Staff requested the existing right turn lane be extended on LaGrande Drive to the access easement. Staff requested the traffic island in the south driveway accessing Chenal Parkway be removed. Staff also requested the west driveway to the parking lot on Lot B-3 be removed. Staff stated the stormwater detention ordinance would apply to the future development of the property. Staff requested the right turn lane on Chenal Parkway adjacent to the property be constructed with the future development of the lots. Landscaping comments were addressed. Staff stated a minimum of eight (8) percent of the on-site paved areas were to be landscaped with interior islands of at least 150 square feet in area. Staff stated the site plan was being reviewed as an overall development proposal and would required automatic irrigation and a June 11, 2009 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-6019-E 7 landscape plan stamped with the seal of a registered landscape architect at the time of development for each of the individual lots. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: Mr. Daters provided a revised site plan to staff addressing the issues raised at the May 21, 2009, Subdivision Committee meeting. The revised drawing has eliminated the cross access easements and indicates the drives as cross parking easements. The revision also removes the southern drive along the access easement located to the west and the traffic island on the southern driveway located on Chenal Parkway. The developers have indicated electronic signage will not be used as a part of the development. The commercial buildings are proposed with a single ground mounted monument style sign located on the Parkway for each of the commercial lots. The signs are proposed with a maximum height of eight (8) feet and a maximum sign area of 100 square feet. The corner lot (Lot B-1A) is indicated with a small sign identification located at the intersection of LaGrande Drive and the access easement. The sign is proposed consistent with the signage allowed in office zones or a maximum of six (6) feet in height and sixty-four (64) square feet in area. Building signage for the commercial buildings is proposed consistent with signage allowed in commercial zones or a maximum of ten (10) percent of the façade area fronting a public street. The signage for the office development, Lot B-3, is proposed with a maximum height of six (6) feet and a maximum sign area of forty-eight (48) square feet. Building signage will be located without public street frontage on the western and northern facades of the building not to exceed ten (10) percent of the façade area. Parking for the site is indicated as Lot B-1A with 47 spaces, Lot B-1B with 83 spaces and Lot B-3 with 99 spaces. Lot B-1A is proposed with a 3,825 square foot restaurant. The zoning ordinance would typically require the placement of 38 parking spaces to serve the proposed restaurant facility. Lot B-1B is proposed with a 6,300 square foot restaurant building and 83 parking spaces. The ordinance would typically require the placement of 63 parking spaces to serve this restaurant facility. The office building Lot B-3 is proposed containing 29,600 square feet. The ordinance would typically require a total of 74 parking spaces to serve the office building. The development is also proposed with a cross parking agreement. The parking indicated is adequate to serve the proposed uses. June 11, 2009 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-6019-E 8 The site plan indicates the placement of dumpster facilities on each of the proposed lots to serve the proposed uses. The hours of dumpster service have not been limited with the request. There is no nearby residentially zoned or used property. The shopping center located to the north of the site does not have limited dumpster service hours. Staff is supportive of not restricting the hours of service. The lots fronting Chenal Parkway are proposed with restaurant uses. The office building is proposed with O-2, Office and Institutional District uses and the allowance of the permitted Accessory Uses under the O-2, Office and Institutional District with the limit of a maximum of ten (10) percent of the total floor area for the office building being utilized as an accessory use. The development is proposed as a three (3) lot plat with two (2) lots fronting Chenal Parkway. The third lot is proposed with a variance from the Subdivision Ordinance Section 31-231 to allow the creation of a lot without public street frontage. The lots are proposed with an average lot size of 205-feet by 300-feet. There is no new public street proposed with the platting of the lots. Public Works staff has requested the right turn lane on LaGrande Drive be extended to the west to the access easement. The applicant has indicated they do not desire to extend the right turn lane along this street frontage. Staff is not supportive of this request. According to the applicant this was not a requirement of the previously approved preliminary plat or the previously approved PCD. Staff feels a true right turn lane should be added in this area to facilitate traffic flows in the area. The area has developed with a greater intensity. There has been additional commercial and office zoning approved in the area and on Rahling Road to the west/southwest since the previous approvals. Staff is generally supportive of the request and the variance from the Subdivision Ordinance. Staff is not however supportive of the applicant’s request to not install the right turn lane on LaGrande Drive. The development is proposed as an office and commercial development with a single drive accessing Chenal Parkway and a single drive accessing LaGrande Drive. An internal network of cross parking easements will allow the development of the site with a unified development plan. The site is indicated as Mixed Office Commercial on the City’s Future Land Use Plan and the development is consistent with the Future Land Use Plan. Staff can not however support the request based on the applicant’s unwillingness to extend the right turn lane on LaGrande Drive. I. STAFF RECOMMENDATION: Staff recommends denial of the request. June 11, 2009 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-6019-E 9 PLANNING COMMISSION ACTION: (JUNE 11, 2009) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had agreed to install the right turn lane as requested by staff on LaGrande Drive. Staff stated the applicant was proposing to install the required sidewalk along the LaGrande Drive within a sidewalk easement. Staff stated the placement of the sidewalk and right turn lane now addressed staff previously raised concerns. Staff stated they were now supportive of the request and 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 Section 31-231 to allow the creation of a lot without public street frontage. There was no further discussion of the item. The Chair entertained a motion for placement of the item on the Consent Agenda for approval. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. June 11, 2009 ITEM NO.: 8 FILE NO.: Z-7119-A NAME: USA Drug - the Ranch - Short-form PD-C LOCATION: Located on the Northeast corner of Cantrell Road and Ranch Drive DEVELOPER: USA Drug 2100 Brookhaven Drive Little Rock, AR 72202 SURVEYOR: White Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 1.67 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: PD-O ALLOWED USES: Bank PROPOSED ZONING: PD-C PROPOSED USE: Drug Store – C-2 uses as alternative uses VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: Ordinance No. 18,635 adopted by the Little Rock Board of Directors on February 5, 2002, rezoned the site from C-2, Shopping Center District to PD-O. The site contained 1.67-acres and was approved to allow the construction of a bank. A common access easement and drive shown on the northern and eastern boundaries of the lot allowed access to the site. The access easements were proposed as right-turn movement only from and onto Cantrell Road. A deceleration lane and acceleration taper was proposed on Cantrell Road. A variance from the minimum driveway spacing criteria was approved with the request for Ranch Drive. June 11, 2009 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-7119-A 2 A. PROPOSAL/REQUEST: The property located at the northeast corner of Cantrell Road and Ranch Drive is proposed for rezoning from PD-O to PD-C to allow construction of a new USA Drug Store. The lot is an existing platted lot containing 1.67 acres. The site is proposed developed with a building containing 14,974 square feet and 64 parking spaces. The hours of operation are proposed from 6 am to 11 pm daily. The request includes the allowance of C-2, Shopping Center District uses as allowable alternative uses for the property subject to the parking matching the proposed use. The site is located within the Highway 10 Design Overlay District. The site exists with less than the typically two-acre minimum lot size development standard established by the Overlay. The site plan also indicates the building constructed with less than the 40 foot typical rear building setback also established by the Overlay. B. EXISTING CONDITIONS: The site is vacant and cleared. Other uses in the area include two large office buildings, Leisure Arts to the north and AT & T to the west; a Texaco Quick Shop to the east; and single-family residential south of Cantrell Road. South of the site at the intersection with Drew Drive a formerly single-family structure has been converted to a veterinary clinic. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several 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, the Coalition of West Little Rock Neighborhoods, the Aberdeen Court Property Owners Association, the Chevaux Property Owners Association, the Johnson Ranch Neighborhood Association and the Tulley Cove Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Cantrell Road is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to 55 feet from centerline will be required. 2. Sidewalks with appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. Sidewalks are required to be installed adjacent to Cantrell Road and Ranch Drive. June 11, 2009 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-7119-A 3 3. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 4. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). 5. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. 6. Stormwater detention ordinance applies to this property. 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. On site striping and signage plans should be forwarded to Public Works, Traffic Engineering for approval with the site development package. 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. Obtain a franchise agreement from Public Works (Bennie Nicolo, 371-4818) for the private improvements located in the right-of-way. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: A ten-foot overhead or a thirty-foot under ground easement is required along Ranch Drive and Cantrell Road. 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 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. 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 June 11, 2009 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-7119-A 4 CAW. The test results must be sent to CAW's Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. The Little Rock Fire Department needs to evaluate this site to determine whether additional public 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 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: Place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is located on CATA Bus Route #25 – the Highway 10 Express Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Pinnacle Planning District. The Land Use Plan shows Commercial for this property. The applicant has applied for a Planned Development-Commercial to allow construction of a pharmacy. The request does not require a change to the Land Use Plan. Master Street Plan: Cantrell Road is a Principal Arterial. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Cantrell Road since it is a Principal Arterial. Ranch Road is a Local Street. The primary function of a Local Street is to provide access to adjacent properties. Local Streets, which are abutted by non-residential zoning/use or more intensive zoning than duplexes, are considered as “Commercial Streets”. These streets have a design standard the same as a Collector. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. June 11, 2009 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-7119-A 5 Bicycle Plan: There are no bike routes shown in the immediate vicinity. Neighborhood Action Plan: This area is not covered by a Neighborhood Action Plan. Landscape: 1. The site plan must comply with the City’s landscape and buffer ordinance requirements. 2. The landscape ordinance requires a nine-foot (9’) wide landscape strip along the northern property line. The City Beautiful Commission must approve a variance for any lesser amount prior to the issuance of a building permit. 3. The landscape ordinance requires a minimum of eight percent (8%) of the paved areas be landscaped with interior islands of at least seven and one-half feet (7 ½’) in width and 150 square feet in area. These interior islands are to evenly distributed throughout the site. 4. A small amount of building landscaping will be required in conjunction with this request. 5. This site is located along Arkansas Highway 10; therefore, related to development standards of the Overlay the following are required: a. An automatic irrigation system to water landscaped areas will be required. b. 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. 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: (May 21, 2009) Mr. Tim Daters of White-Daters and Associates was present representing the request. Staff presented the item stating the lot was an existing platted lot and the final plat for the lot was executed in 2002. Staff stated the property was located within the Highway 10 Design Overlay District. Staff requested the site plan include the total sign height and sign area allowed per the Overlay. Staff also questioned if electronic signage would be used within the development. Staff stated a minimum rear yard landscape strip of nine feet was required along June 11, 2009 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-7119-A 6 the northern perimeter. Staff also stated the Overlay required the placement of a forty foot landscape strip along Cantrell Road. Public Works comments were addressed. Staff stated the Stormwater Detention Ordinance would apply to the future development of the site. Staff also stated streetlights were required to be installed prior to the issuance of the final certificate of occupancy for the new construction. Landscaping comments were addressed. Staff stated a minimum landscape strip of nine feet was required along the common access drive to the north. Staff stated a small amount of building landscaping was required. Staff stated the site would require the placement of an automatic irrigation system and a landscape plan stamped with the seal of a registered landscape architect would be required at the time of development. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing a few of the issues raised at the May 28, 2009, Subdivision Committee meeting. The revised plan indicates a minimum landscape strip of fifteen (15) feet along the northern perimeter, where adjacent to the access easement, and the placement of a forty (40) foot landscape strip along Cantrell Road. The plan indicates a single ground mounted monument sign will be located within the front yard landscape area. The sign is proposed with a maximum height of six (6) feet and a maximum sign area of seventy-two (72) square feet. Electronic signage is proposed incorporated into the ground-mounted sign. Building signage will comply with the typical standards allowed in commercial zones or a maximum of ten (10) percent of the façade area abutting a public right of way. The development is proposed on an existing 1.67-acre lot. The lot was final platted in February 2002. Access easements and drives have been constructed on the property’s eastern and northern perimeters. Public streets abut the western and southern perimeters not allowing for additional land area to be secured to increase the lot size. The site plan indicates the construction of a 14,974 square foot building and 62 parking spaces. The ordinance would typically require the placement of 49 parking spaces to serve the retail use. The applicant is requesting alternative uses as allowed in the C-2, Shopping Center Zoning District subject to the use June 11, 2009 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-7119-A 7 matching the available parking on the site per Section 36-502 of the City’s Zoning Ordinance. The site plan indicates a building area of 20.6 percent and paved area of 42.6 percent. A minimum of 36.8 percent of the site will be landscaped. The landscaping provided is more than adequate to address Section 36-460 (h)(7) of the City’s Zoning Ordinance which requires a minimum of ten (10) percent of the gross planned commercial mixed use district, planned commercial district (PDC) or planned office district (POD) area to be designated as landscaped open space not to be used for streets or parking. The development is indicated with a front yard-building setback of one hundred (100) plus feet and a side yard setback of fifty-five (55) feet along the eastern perimeter and eighty (80) plus feet along the western perimeter. The rear yard building setback is located fifteen (15) feet from the property line adjacent to a common access easement. The Highway 10 Design Overlay District states a minimum rear yard setback of forty (40) feet is typically required. The Overlay further states for commercial developments and multiple building sites, whether on one (1) or more platted lots, the regulations apply to the development as an entire tract rather than to each platted lot. Commercial developments and multiple building sites are to be reviewed by the City through a site plan review process to illustrate compliance with the ordinance. The site is located within the Ranch Subdivision which has developed over the years with a unified development plan through previous zoning of the property. Staff feels the site plan is indicated complying with the spirit of the Overlay ordinance. Staff feels with the placement of the rear yard setback the minimum landscape strip can be achieved and the building location allows for visual separation between the structure and the adjacent access easement. Landscaping and landscaping treatment will comply with the typical standards of the Highway 10 Design Overlay District. A water sprinkler system will be provided to water landscaped areas and maintain planted materials. Trees to be planted will be consistent with species in the area. A tree will be planted as required by the Overlay or will be planted a minimum of twenty (20) feet apart and be a minimum of two (2) inches in diameter from the ground at the time of planting. The site plan includes a note concerning parking lot lighting stating parking lot lighting will be designed and located in such a manner so as to not disturb the scenic appearance of the roadway and preserve the corridor. Lighting will be directed to the parking areas and not reflect into the adjacent neighborhoods. The following list the Highway 10 Design Overlay standards and the applicant’s proposal related to each item: June 11, 2009 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-7119-A 8 Highway 10 DOD Requirements: Applicant’s proposal: Lot size. There shall be a minimum development tract size of not less than two (2) acres. The lot exists containing 1.67 acres. The final plat for the lot was executed on February 20, 2002. Front yard. All principal and accessory buildings or structures are required to have a one-hundred-foot building setback from the property line abutting Highway 10. The building is proposed with a front yard setback of 100-feet. Rear yard. Rear yard shall not be less than forty (40) feet. The building is proposed within a commercial development with the rear of the building abutting an access easement. The rear yard of the building is proposed with a fifteen (15) foot rear yard setback. Side yard. Side yard shall not be less than thirty (30) feet. The side yard setbacks are proposed in excess of the typically thirty (30) foot requirement. Landscaping treatment. Landscaped areas shall attempt to incorporate existing on-site trees and shrubbery into the landscaping scheme and the plans shall indicate such incorporation. There are no existing trees or shrubs located on the site. Landscaped areas shall have water sprinkler systems to maintain plant materials. The development will provide a water sprinkler system to maintain plant materials. Erosion retardant vegetation shall be used on all cuts and fills. The site will not require any cuts or fills. Tree species to be planted within this corridor should be consistent with other species present. Tree species to be planted will be consistent with other species present. The Highway 10 frontage (front yard) shall consist of a minimum of forty (40) feet of landscaped area exclusive of right-of-way. The landscaped area shall contain organic and/or combined man-made/organic features as berms, brick walls and dense The site will maintain a forty (40) foot landscape area exclusive of the right of way. The screening of the parking area will be consistent with screening requirements of the Overlay. A berm, wall or dense plantings will be provided within June 11, 2009 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-7119-A 9 plantings such that vehicular use areas are screened when viewed from an elevation of forty-two (42) inches above the elevation of the adjacent street. Alternative screening methods and designs must be approved by the plans review specialist. Appeals from the staff will be directed to the planning commission. Within the landscaped area trees shall be planted or be existing at least every twenty (20) feet and have a minimum of two (2) inches in diameter when measured twelve (12) inches from the ground at time of planting. Where a developer demonstrates that this requirement will constitute an undue hardship, a landscaped area exclusive of right-of-way may consist of a minimum of twenty-five (25) feet. In those instances only, a half-berm shall be constructed which is a minimum of three (3) feet in height with tree plantings as required herein; provided however, that this provision may only be applied to a maximum of twenty (20) percent of the highway frontage affected in the plans submitted. the front yard landscape area. Rear and side yards shall have a landscaped buffer averaging a minimum of twenty-five (25) feet from the property line. Where such yards abut a street right-of- way, a fifteen-foot landscaped strip shall be required adjacent to land zoned office and residential. A seven-foot landscaped strip shall be required when adjacent to lands zoned commercial. The rear yard shall have a minimum landscape strip adjacent to the access easement of nine (9) feet, consistent with landscaping strips provided in similar type situations. Along the western perimeter, where adjacent to a street right of way, a minimum fifteen (15) foot landscape strip will be provided due to the office zoning located across the right of way of Ranch Drive. Signage. Signage shall comply with the provisions of Article X of Chapter 36 of the Little Rock Code of Ordinances, except as follows: Building signage will comply with signage allowed in Chapter 36 of the Little Rock Code of Ordinances. June 11, 2009 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-7119-A 10 Commercial development signage. Signage identifying the commercial development shall not exceed ten (10) feet in height and one hundred (100) square feet in area. All signs that are ground- mounted shall be of a monument type design. These signs may be installed in the landscaped area of the front and side yards. Commercial building signage. Each separate commercial building will be allowed a single monument ground- mounted sign located on the building site or in the landscaped front yard of the commercial development. The sign shall be a maximum of six (6) feet in height and seventy-two (72) square feet in area. The development is proposed with a single ground mounted monument style sign located within the front yard landscape area. The sign will be a maximum of six feet in height and a maximum sign area of seventy-two square feet. The development will utilize electronic signage. Curb cuts. Maximum, one (1) curb cut per three hundred (300) feet and no curb cut closer to an intersection than one hundred (100) feet. The development will utilize an existing curb cut from Cantrell Road. This curb cut is a service and access easement serving additional lots within this commercial development. Lighting. Parking lot lighting shall be designed and located in such manner so as not to disturb the scenic appearance preserved in this corridor. Lighting should be directed to the parking areas and not reflected into the adjacent neighborhoods. Lighting shall comply with the DOD standards. Lighting will be directed to the parking areas and not reflect into the adjacent neighborhoods. Building sites. The maximum number of buildings per commercial development shall be measured both by minimum tract size and minimum frontage as follows: One (1) building every two (2) acres. The site contains 1.67 acres. There is one building proposed on this tract. Commercial developments and multiple building sites. In the case of a commercial development or other development involving multiple building sites, whether on one (1) or more platted lots, the above described regulations shall apply to the A single building is proposed on this site. The Ranch Development has been developing with commercial and office uses through a unified development plan established by the previous zoning. June 11, 2009 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-7119-A 11 development as an entire tract rather than to each platted lot. Developments of this type shall be reviewed by the City through a site plan review process which illustrates compliance with this article. Property, due to topography, size, irregular shapes or other constraints, such as adjacent structures or features which significantly affect visibility, and thus cannot be developed without violating the standards of this article shall be reviewed through the planned unit development (PUD) 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 request is to rezone the property from PD-O to PD-C to allow the construction of a new USA Drug Store. The development is proposed as a PD-C due to the existing lot size. Staff is generally supportive of the request. The development of the site is indicated as meeting the spirit and intent of the Highway 10 Design Overlay District. Staff feels the developers have done an adequate job in addressing the items regulated within the Overlay. To staff’s knowledge there are no outstanding technical issues associated with the request in need of addressing. Staff is not however supportive of allowing the development to utilize electronic signage. Although there have been a number of electronic signs approved along the Corridor, staff does not feel the placement of electronic signage on the Corridor preserves the scenic beauty as intended in the Highway 10 DOD. I. STAFF RECOMMENDATION: Staff recommends denial of the request as filed. PLANNING COMMISSION ACTION: (JUNE 11, 2009) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had requested on June 4, 2009, the item be deferred to the July 23, 2009, public hearing. Staff stated they were supportive of the deferral request. June 11, 2009 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-7119-A 12 There was no further discussion of the item. The Chair entertained a motion for placement of the item on the Consent Agenda for deferral. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. June 11, 2009 ITEM NO.: 9 FILE NO.: Z-8115-A NAME: Paul Page Dwellings, LLC Short-form PD-R and PD-R Revocation for 1422 Townhomes Short-form PD-R LOCATION: Located on the Northwest corner of East 15th and Rock Streets DEVELOPER: Page Paul Dwellings, Inc. 5228 R Street Little Rock, AR 72207 ENGINEER: Crafton Tull and Associates 10825 Financial Center Parkway, Suite 300 Little Rock, AR 72211 AREA: 0.51 acres NUMBER OF LOTS: 1 Zoning Lot FT. NEW STREET: 0 LF CURRENT ZONING: PD-R ALLOWED USES: Townhouse development – five units PROPOSED ZONING: PD-R PROPOSED USE: Single-family Two (2) Units VARIANCES/WAIVERS REQUESTED: None requested. The applicant submitted a request dated May 12, 2009, requesting a deferral of this item to the July 23, 2009 public hearing. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (JUNE 11, 2009) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated May 12, 2009, requesting a deferral of the item to the July 23, 2009, public hearing. Staff stated they were supportive of the deferral request. June 11, 2009 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-8115-A 2 There was no further discussion of the item. The Chair entertained a motion for placement of the item on the Consent Agenda for deferral. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. June 11, 2009 ITEM NO.: 10 FILE NO.: LU09-19-01 Name: Land Use Plan Amendment – Chenal Planning District Location: northwest corner of Chenal Parkway and Wellington Hills Road Request: Neighborhood Commercial and Office to Commercial Source: Springfield Holdings, Owner, Crafton Tull PROPOSAL / REQUEST: A Land Use Plan amendment in the Chenal Planning District from Neighborhood Commercial and Office to Commercial. Commercial represents a broad range of retail and wholesale sales of products, services and general business activities. The applicant is currently proposing a rezoning at this site for an automotive center. Prompted by this Land Use Amendment request, the Planning Staff expanded the area of review to include the parcel east and adjacent to the applicant’s property. With these changes, the entirety of the Neighborhood Commercial would be amended to Commercial. It is thought that the additional area would make the boundaries more logical. EXISTING LAND USE AND ZONING: The property is currently zoned O-3 General Office and Planned Commercial Development. The western portion is vacant and wooded. The eastern portion is approximately eight acres in size and is half vacant and half developed with a Walgreens store. A mini-storage warehouse sits in a Planned Office Development northwest of the amendment area. A vacant tract of land is located in a C-1 Neighborhood Commercial zone north of the amendment area. A radio station is located north of the amendment area and is zoned O-1 Quiet Office. The property to the east is zoned C-2 for a car dealership. To the west of the amendment area is zoned R-2 and is the Highland Valley United Methodist Church. South of the amendment area is a Planned Commercial Development for National Home Center. There is also a bank zoned C-3 General Commercial located southwest of this area at the intersection of Kanis Road and Chenal Parkway. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: The amendment area is currently shown as Neighborhood Commercial and Office on the Future Land Use Plan. Public Institutional is shown to the west and Commercial is shown to the south and the east. North is planned for Office. Ordinance 19798 on August 6, 2007 amended this amendment site at the northwest corner of Chenal Parkway and Wellington HIlls from Mixed Office June 11, 2009 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: LU09-19-01 2 Commercial to Office and Neighborhood Commercial for a Walgreens development. Ordinance 19577 on August 15, 2006 amended the area at the southeast corner of Chenal Parkway and Arkansas Systems Drive from Office to Mixed Office Commercial. This was to allow for the development of a bank and a three-story building with 31 percent commercial. Ordinance 19581 on August 15, 2006 amended the area at the northwest corner of Rahling Road and Chenal Valley Drive from Office to Mixed Use for a shopping center at this location. Ordinance 19559 on June 27, 2006 amended the area on either side of Wellington Hills Boulevard, east of Kirk Road from Office, Neighborhood Commercial and Low Density Residential to Mixed Office Commercial to allow for future development of the area using the PZD process. Ordinance 19292 on April 5, 2005 changed multiple areas. An area on Chenonceau was changed from Mixed Office Commercial to Commercial. On Ranch Boulevard, one area was changed from Single Family to Public Institutional and another area was changed from Mixed Office Commercial to Commercial. The property at 5800 Ranch Drive was changed from Mixed Office Commercial to Office. At the northeast corner of Katillus and Cantrell an area was changed from Transition to Suburban Office. Further south on Katillus was changed from Transition to Single Family. All four corners at the intersection of Chenal and Cantrell were changed from Park/Open Space to Commercial. South of Cantrell on Chenal was changed from Park/Open Space to Single Family. At Cantrell Road and Highway 300 was changed from Public Institutional, Neighborhood Commercial, and Single Family to Suburban Office. On the south side of Cantrell Road at Highway 300 was changed from Public Institutional to Single Family and Low Density Residential. At the northeast corner of the intersection of Highway 300 and Cantrell a change was made from Single Family to Office. These amendments were part of a review of the Highway 10/Cantrell Corridor as requested by the Little Rock Board of Directors. Ordinance 19039 on January 20, 2004 amended the Office at the southwest corner of Rahling Road and Champlin and on the south side of Rahling Road approximately three hundred feet east of Champlin to Mixed Use for future development. June 11, 2009 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: LU09-19-01 3 MASTER STREET PLAN: Chenal Parkway is shown as a Principal Arterial with Reduced Design Standards. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Chenal since it is a Principal Arterial. Wellington Hills is shown as a Minor Arterial. A Minor Arterial provides connections to and through an urban area. Their primary function is to provide short distance travel within the urbanized area. These streets may require dedication of right-of-way and may require street improvements. BICYCLE PLAN: A Class I bike route is shown on Chenal Parkway. A Class I bikeway is built separate from or alongside a road. Additional paving and right of way may be required. PARKS: According to the Master Parks Plan, this site is located within eight blocks of a park or open space. South of this property is the Rock Creek greenbelt. HISTORIC DISTRICTS: There are no city recognized historic districts that would be affected by this amendment. CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN: The applicant’s property lies in the area covered by the Rock Creek Neighborhood Action Plan. The Office and Commercial goal states “aggressively use Planned Zoning Districts (PZDs) to influence more neighborhood-friendly and better quality developments.” ANALYSIS: This site has been the subject of three land use plan amendments in the past. In 1989, Commercial was shown on both sides of what was then called Wellington Village Drive with frontage along Chenal Parkway. The applicant wanted a larger amount of Commercial shown on the east side of the intersection to allow for a large commercial development. After a lengthy discussion at that planning commission meeting, the Land Use Plan was amended to Office on the west side June 11, 2009 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: LU09-19-01 4 of the intersection and a larger section of Commercial on the east side to reflect the zoning changes. Then in December of 1999, a land use plan amendment was filed for the current amendment site to change it from Office to Commercial for a Saturn dealership. After much discussion and many deferrals, a compromise was reached. The future land use plan was amended to Mixed Office Commercial on the west side of the intersection at Wellington Hills Drive and Chenal Parkway to allow for the car dealership. The dealership was never developed. Most recently, this site was amended in 2007 from Mixed Office Commercial to split the northern portion as Office and the southern portion as Neighborhood Commercial to accommodate a Walgreen’s store. Staff expanded that application to include the entirety of the Mixed Office Commercial planned for this intersection, so that part of it is Neighborhood Commercial and the northern part would be amended to Office. Staff thought this amendment was reasonable because it would allow for the same mixture of office and commercial uses, but the future land use plan would represent it differently. Wellington Hills Drive is a major entryway for a large single-family home neighborhood located north and east of this amendment area. Neighborhood Commercial at this site is appropriate since Neighborhood Commercial is designed for “limited, small scale commercial development in close proximity to a neighborhood, providing goods and services to that neighborhood market area.” Based on this history of the site, staff feels that a change to Commercial would not be appropriate. This area’s land use has already been compromised by the change from Mixed Office Commercial to Neighborhood Commercial and it needs to be protected from further Commercial expansion. There have been many new developments along Chenal Parkway in recent years. The City of Little Rock has tried to guide Chenal Parkway’s development so as not to line the Parkway with intense commercial uses. Commercial uses that are acceptable are those that are designed to serve the surrounding neighborhood. There is still some undeveloped office and commercial use areas along Chenal Parkway. This area of Little Rock still has nearly 100 acres of undeveloped Office within a mile of this application and approximately 40 acres of undeveloped Commercial and Neighborhood Commercial along Rahling Road. The existing commercial and office is part of a large ‘node’ around the Chenal Parkway-Rahling Road intersection and includes intersections of these roads with Kanis Road, Kirk Road and Wellington Boulevard (all Arterials). June 11, 2009 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: LU09-19-01 5 NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood associations: St. Charles Community Association, Parkway Place Property Owners Association and The Villages of Wellington. Staff has received no comments from area residents. STAFF RECOMMENDATIONS: Staff believes the change is not appropriate. PLANNING COMMISSION ACTION: (JUNE 11, 2009) Walter Malone, Planning Staff, reviewed the history of this site back to the mid-1980s. The area had shown Commercial and the City after much discussion agreed to move the entire Commercial to the east side after intersection. Then about eight to ten years later the City agreed to change from Office to Mixed Office Commercial on the site. Then after the Walgreen’s development a change to Neighborhood Commercial for the frontage along Chenal Parkway and Office behind was approved. Staff does not believe since the area of the original agreement is not fully developed that the Plan should be changed back to Commercial now. Commissioner Yates asked about the differences between Neighborhood Commercial and Commercial. Generally Neighborhood Commercial is smaller in scale and oriented more to the immediate area – a smaller service area. Donna James of Planning Staff reviewed the related Planned Commercial Development request (Z-8458 – Item 10.1) – see that minute record for a complete review of the items. The applicant did indicate that they believe this is a neighborhood commercial use and thus appropriate without the change. The limited hours of operation, high quality of the development, local ‘ownership’, and limited customers and services provided make it neighborhood friendly. Ms. Ruth Bell, League of Women Voters, spoke against the change and called it an example of ‘nibbling away’ on the Plan. Commissioner Laha, indicated that a lot of time had been spent on the Plan in the area when he was on the Plans Committee and he could not support the charge based on all the efforts made in that process. A motion was made to approve the Land Use Plan Amendment, by a vote of 2 for 7 against the amendment was denied. June 11, 2009 ITEM NO.: 10.1 FILE NO.: Z-8458 NAME: Christian Brother's Automotive Short-form PD-C LOCATION: Located in the 15500 Block of Chenal Parkway DEVELOPER: Main & Main Development Group 1212 Corporate Drive, Suite 500 Irving, TX 75038 ENGINEER/SURVEYOR: Crafton Tull Sparks 10825 Financial Center Parkway, Suite 500 Little Rock, AR 72211 AREA: 1.74 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: O-3, General Office District ALLOWED USES: Office PROPOSED ZONING: PD-C PROPOSED USE: Automotive Repair VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: The applicant is proposing a rezoning of the site from O-3, General Office District to PD-C to allow Christian Brothers Automotive Center to construct a new 5,015 square foot building on the site. Christian Brothers Automotive is classified as a “Light Automotive Repair” center. They do not provide engine, transmission or rear end rebuilding. Christian Brothers Automotive is not a tire store and does not typically store or install tires. Christian Brothers does not provide bodywork or painting. The business provides automotive repair such as air conditioning, brakes, coolant, computer, electrical, steering, etc. The business replaces hoses, belts, and lights and services most makes and models of automobiles. June 11, 2009 SUBDIVISION ITEM NO.: 10.1 (Cont.) FILE NO.: Z-8458 2 Christian Brothers Automotive does not store or repair vehicles in the parking lot. The building is proposed with a 100 percent masonry façade. The overhead doors are proposed facing the east and not fronting onto Chenal Parkway. The building height proposed will not exceed 25-feet. The hours of operation are from 7:00 am to 6:00 pm Monday through Friday and from 7:00 am to noon on Saturday. The Saturday hours are on a temporary basis. The request includes only a portion of the existing tract. The northern portion of the tract will be included with an existing parcel either owned by the Church (property to the west) or by an adjacent property owner to the east. B. EXISTING CONDITIONS: The site is heavily wooded, as is the property to the east. To the west is a large church campus and north is undeveloped property. Further to the east a new Wal-greens Drug Store has been constructed on the northwest corner of Chenal Parkway and Wellington Hills Road. Located on the northeast corner of Chenal Parkway and Wellington Hills Road is an automobile dealership. South of the site is a newly constructed branch bank on property zoned C-3, General Commercial District and a PCD for a home improvement center/lumber yard. Other uses in the area include an additional automobile dealership, a grocery store and an area currently used by Bale for storage of excess inventory. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents. All property owners located within 200 feet of the site, all residents, who could be identified, located within 300 feet of the site, the Coalition of West Little Rock Neighborhoods, the Parkway Place Property Owners Association and the Villages of Wellington Property Owners Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to Chenal Parkway including 5-foot sidewalks with the planned development. Continue the 3rd lane from Wal-greens located to the east to the Church's property located to the west. Extend the sidewalk to the western existing sidewalk located on the Church's property. 2. The sidewalk should be placed in the public right-of-way or in a sidewalk easement. June 11, 2009 SUBDIVISION ITEM NO.: 10.1 (Cont.) FILE NO.: Z-8458 3 3. Remove crosswalk striping across driveway. 4. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). 5. 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. Measures to control an increase in stormwater drainage should be implemented to not cause damage onto adjacent property from the increased impervious area. 7. Stormwater detention is proposed for the development. 8. Street Improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. 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: A fifteen foot overhead utility easement is required along Chenal Parkway. 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 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. A short water main extension may be needed to provide water service to this property. 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. The Little Rock Fire Department needs to evaluate June 11, 2009 SUBDIVISION ITEM NO.: 10.1 (Cont.) FILE NO.: Z-8458 4 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. 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. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Chenal Planning District. The Land Use Plan shows Neighborhood Commercial and Office for this property. The applicant has applied for a Planned Development Commercial to construct an automotive repair business. A Land Use Plan amendment to change the property from Neighborhood Commercial and Office to Commercial is a separate item on this agenda (LU09-19-01). Master Street Plan: Chenal Parkway is a Principal Arterial. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Chenal Parkway since it is a Principal Arterial. 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 I bikeway is shown along Chenal Parkway. A Class I bikeway is built separate from or alongside a road. Additional paving and right of way may be required. Neighborhood Action Plan: This area is covered by the Rock Creek Neighborhood Action Plan. The Office and Commercial goal states: “Adopt a policy of adhering to the Land Use Plan. Amendments should be made very rarely, only with neighborhood input, and only when it can be clearly demonstrated that the amendment will enhance the quality of life in the Rock Creek Neighborhood.” June 11, 2009 SUBDIVISION ITEM NO.: 10.1 (Cont.) FILE NO.: Z-8458 5 Landscape: 1. The site plan must comply with the City’s landscape and buffer ordinance requirements. 2. The zoning buffer ordinance requires a nine-foot (9’) land use buffer along the western property line. Seventy percent (70%) of this area is to remain undisturbed. 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 western perimeter of the site. Credit towards fulfilling this requirement can be given for existing trees and undergrowth that satisfies this year-around requirement. 4. A small amount of building landscaping is required in conjunction with this application. 5. An automatic irrigation system to water landscaped areas will be required. 6. Prior to the issuance of a building permit, it will be necessary to provide an approved landscape plan stamped with the seal of a Registered Landscape Architect. 7. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (May 21, 2009) Mr. Jerry Kelso of Crafton Tull Sparks was present representing the request. Staff presented an overview of the development stating there were a few outstanding technical issues associated with the request in need of addressing prior to the Commission acting on the request. Staff stated the property was located within the Chenal Parkway Design Overlay District. Staff requested Mr. Kelso provide details of the proposed signage plan including building and ground mounted signs. Staff stated the proposal was to allow development of only a portion of the tract. Staff noted the northern portion of the tract would be developed as a tract without public street frontage and the plan as indicated did not allow access to the tract. Staff requested Mr. Kelso provide details of how the area not proposed for development would be provided access. Public Works comments were addressed. Staff requested the third lane from Wal-greens be extended to the east to the Church’s property. Staff also requested the sidewalk located to the east of the site be extended to the west to connect to an existing sidewalk located on the Church’s property. Staff stated June 11, 2009 SUBDIVISION ITEM NO.: 10.1 (Cont.) FILE NO.: Z-8458 6 the sidewalk was to be placed in the public right of way or in a sidewalk easement. Staff stated the Stormwater Detention Ordinance would apply to future development of the site. Landscaping comments were addressed. Staff stated a nine-foot land use buffer was also required along the western property line. Staff stated a six-foot opaque screen was required along the western perimeter. Staff stated an automatic irrigation system was required to water landscaped areas. Staff also stated at the time of development it would be necessary to submit a landscape plan stamped with the seal of a registered landscape architect. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing a number of the issues raised at the May 21, 2009, Subdivision Committee meeting. The applicant has indicated the northern tract will not be left as a freestanding tract but will be sold and incorporates into either the property to the east or west of the area. The revised site plan indicates screening will be placed along the northern and western perimeters of the site where adjacent to less intensive zoning and uses. The development is proposed with a new building containing 5,015 square feet and 25 parking spaces. The use proposed is an automotive service, which typically requires the placement of five (5) spaces plus one (1) space per each two hundred fifty (250) gross square feet of building area. The ordinance would typically require the placement of twenty-five (25) parking spaces. The building is proposed as a single story building constructed with a brick façade. The maximum building height proposed is twenty-five (25) feet. The site plan indicates the placement of a nine (9) foot land use buffer along the western perimeter and a screening fence in this area. The northern perimeter also indicates the placement of a nine (9) foot land use buffer and a screening fence. The eastern perimeter is indicated with a nine (9) foot landscape strip adjacent to the parking area as required by the Landscape Ordinance. The property is located in the Chenal/Financial Center Parkway Design Overlay District. The Overlay has criteria in place regulating Signage and Lighting. The Overlay states signage will comply with the Little Rock Sign Ordinance except for ground-mounted signs. The maximum size of principal site signs along June 11, 2009 SUBDIVISION ITEM NO.: 10.1 (Cont.) FILE NO.: Z-8458 7 Chenal/Financial Center Parkway is one hundred square feet of sign area and a maximum height of eight feet. Each landowner is permitted to have one sign per parcel except for parcels fronting on two different streets upon which one per street frontage may be erected. The signs are to be monument type signs. The development is proposed with a single ground mounted sign monument sign complying with the Chenal/Financial Center Parkway Design Overlay District. The sign is proposed with a maximum height of eight (8) feet and a maximum sign area of one hundred (100) square feet. Building signage is proposed as channel letters located on the face of the building fronting Chenal Parkway. The sign is proposed with a maximum length of twenty (20) feet six (6) inches and a maximum height of three (3) feet three and one-half (3-½) inches. The DOD also regulates lighting and utilities. Parking lot lighting must be designed and located in such a manner so as to not disturb the scenic appearance of the corridor. Lighting will be directed to the parking areas and not reflect to adjacent parcels. All lighting and other utilities on lots adjacent to Chenal/Financial Center Parkway must be underground. Notwithstanding the foregoing limitation, no overhead utilities may be constructed within 100 feet of the Chenal/Financial Center Parkway right of way. The development as proposed will comply with the lighting and overhead utility requirements of the Chenal/Financial Center Parkway Design Overlay District. Staff is not supportive of the request. The proposed use, an auto repair garage, is typically allowed in the C-4, Open Display Zoning District. This area of Chenal Parkway is indicated as Neighborhood Commercial, which does not allow for this type of use. Although there are other C-4, Open Display Uses located in the area, an automobile dealership located to the east, this development was approved as a Conditional Use Permit under the C-2, Shopping Center Zoning District. In previous commitments from the original property owners, an agreement was reached to move the intensive commercial activities from the west side of Wellington Hills Road to the properties on the east side of Wellington Hills Road. Staff feels this commitment should be honored even though there are new property owners. Staff also feels the construction of the new Wal-greens has established a break in the development pattern along the Parkway allowing for commercial zoning on the west side of Wellington Hills Road but with a lesser intensity than proposed by the applicant. Staff does not feel this is an appropriate location for the placement of an auto repair garage. I. STAFF RECOMMENDATION: Staff recommends denial of the request. June 11, 2009 SUBDIVISION ITEM NO.: 10.1 (Cont.) FILE NO.: Z-8458 8 PLANNING COMMISSION ACTION: (JUNE 11, 2009) The applicant was present. There were registered objectors present. Staff presented the item with a recommendation of denial. Staff stated they felt the location was not appropriate for the placement of an auto repair garage. Mr. Jerry Kelso of Crafton Tull Sparks and Associates addressed the Commission on the merits of the request as did Mr. Andy Hovis. Mr. Hovis stated the store was the second location for the Greater Little Rock area. He stated construction of a new store on Maumelle Boulevard in North Little Rock had recently been completed. He stated Christian Brother’s was a family owned business. He stated the facilities were operated through a franchise agreement. He stated the company currently had 58 locations. He stated the business was a family owned and operated faith based business. He stated the stores were designed to fit into the neighborhood. He stated the building was a brick building and the hours were conducive to the neighborhood fit. He stated after approximately three months the business did not open on Saturdays and was only open Monday through Friday and the store closed by 6:00 pm. He stated there were no cars stored outside. He stated the building was set up to hold eighteen cars. He stated the desire was to get the customers car in and out in one day. Mr. Hovis stated 83 percent of the customers came from a three and one half mile radius of the business. He stated the business would see 45 to 50 cars per week. He stated the business was less imposing than a fast food restaurant. Mr. Kelso addressed the Commission on the merits of the request. He stated he disagreed with staff and that the business was a neighborhood business. He stated he felt the use less intense than the nearby Wal-greens. He stated the site was shown as commercial both east and west of the site with the exception of the church. He stated east of the site was an automobile dealership which provided sales and service of vehicles. He stated west of the site was also an automobile dealership which provided sales and service of vehicles. Mr. Clark McCarley addressed the Commission. He stated he was on the Board of Directors of the adjacent Highland Valley United Methodist Church. He stated the church was in support of the request. He stated a number of the Board Members had met with the applicant and had determined there were a number of uses which could locate on the property which would create a negative impact on the church. He stated the business being a faith based business was in keeping with the church’s goals. He requested a fence not be installed along the western perimeter to provided the required screening but the screening be placed as evergreen plantings. He also requested any trees placed within the buffer be hardwoods and not pine trees. June 11, 2009 SUBDIVISION ITEM NO.: 10.1 (Cont.) FILE NO.: Z-8458 9 Mr. Lance Hines stated he was on the Board of Directors of the Villages of Wellington Property Owners Association. He stated based on the proposal the Villages of Wellington was satisfied with the request and felt the development would be an asset to the area. He did question lighting on the site. He stated the neighborhood did have a problem with the Ford Dealership and light pollution. He requested the business not create any additional light pollution. Mr. Hovis stated the building would be lite with building lighting only. He stated there were no poles or parking lot lighting. He stated the sign located only the parkway would be lite. He stated if the neighborhood had concerns with the sign light the light could be turned off at midnight. He stated all building lighting would be shielded and turned downward into the site. Ms. Ruth Bell addressed the Commission in opposition of the request. She stated the League of Women Voters were not supportive of expanding the commercial activities as proposed by the applicant. She stated if the business was a neighborhood oriented business then why was a change in zoning request being made. She stated she felt this was the nibble, nibble, nibble approach. She stated the area to the west of the Villages of Wellington Drive should remain as neighborhood commercial uses and the more intense uses located as were currently zoned and indicated on the plan. She stated based on the number of parking spaces proposed it appeared the business was an intense business. She stated the rotation of eight to twelve vehicles at a time was an intense use. She stated she felt this was to intense use of a use for the site. There was a general discussion of the Commission and the applicant concerning the proposed development. The Commission questioned the applicant if the application request was solely for their use and franchise or if the use would be a transferable use. Mr. Hovis stated he did not want to lock the business into Christian Brother’s ownership. He stated occasionally stores were sold. He stated it was also possible the store could change franchises and he did not want to hinder a future sale or owner. He stated placing a condition on the approval that future users of the site were required to operate under the same conditions as Christian Brother’s was agreeable. The Commission also questioned how long the business would operate on Saturday. Mr. Hovis stated for the first 120 days after receiving their CO the business would operate with Saturday hours. He stated after the 120 days the business would only operate Monday through Friday and the closing hour would be 6:00 pm. The Commission questioned the proposed lighting, signage and sign lighting. Mr. Hovis stated the sign lighting would be turned off at midnight daily. He stated there would be no poles within the parking lot. He stated the building lighting would be low level and directed into the parking lot. Mr. Hovis stated the sign would comply with the Chenal Parkway DOD standards. He stated electronic signage would not be incorporated into the ground mounted sign. June 11, 2009 SUBDIVISION ITEM NO.: 10.1 (Cont.) FILE NO.: Z-8458 10 The Commission questioned outdoor activities that would take place on the site. Mr. Hovis stated there would be no parking of vehicles outdoors overnight and no service of vehicles in the parking lot during the daylight hours. The Commission questioned the landscape treatment along the western perimeter. Mr. Hovis stated he was willing to install plantings in this area and work with staff and the adjacent church concerning the tree placement and the tree species to be located within the buffer area. The Commission questioned the statement “do not typically install tire”. Mr. Hovis stated if a customer was in for service and the technician noticed the tires were in need of replacing they would suggest the customer go to a tire store for replacement tires. He stated if the customer was instant on Christian Brother’s performing the work the business would go to the tire store, purchase the tires and bring them back and place on the customers automobile. The Commission questioned if a special customer requested body work would the business then perform this activity. Mr. Hovis stated the business was not equipped to perform body repairs. The Commission questioned staff if their recommendation had changed based on the amendments made by the applicant. Staff stated they were still opposed to the request. Staff stated the use was a C-4, Open Display District uses. Staff stated they felt based on the intensity of the use this was not an appropriate location for the use. Staff stated they were concerned with the overall area and the potential this change would have on adjacent properties. Commissioner Yates questioned the drive indicated on the plan and the note stating future access easement. Staff stated the drive was to share with two lots located to the east to allow access to Wellington Hills Drive. Commissioner Yates questioned if staff was not concerned with the backing of vehicles into the access easement. Staff stated based on the number of cars anticipated to use the easement the backing into the easement was not a concern. Commissioner Yates questioned if the detention basin would be maintained. Staff stated the basin would be maintained as a landscape feature. Staff stated some basins were constructed as wetlands which were not to be moved and cut. Staff stated others were landscape features which were maintained. There was no further discussion of the item. The chair entertained a motion for approval of the item including all amendments as presented by the applicant including, the placement of evergreen plantings as the screening mechanism along the western perimeter, the turning off of the sign lighting at midnight daily, no Saturday hours after June 11, 2009 SUBDIVISION ITEM NO.: 10.1 (Cont.) FILE NO.: Z-8458 11 120 days from receiving the businesses CO, no electronic signage, no parking lot pole lighting, all lighting shielded downward and into the site, no outdoor vehicle storage or working of vehicles outdoors, all future users of the site are to abide by the same conditions as the Christian Brother’s Automotive. The motion carried by a vote of 6 ayes, 3 noes and 2 absent.