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pc_12 03 2009sub LITTLE ROCK PLANNING COMMISSION SUBDIVISION HEARING SUMMARY AND MINUTE RECORD DECEMBER 3, 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: 2 Open Positions City Attorney: Cindy Dawson III. Approval of the Minutes of the October 15, 2009 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION SUBDIVISION AGENDA DECEMBER 3, 2009 OLD BUSINESS: Item Number: File Number: Title: A. Z-8470 Ramirez Short-form PCD, located at 3723 West 98th Street. B. S-46-JJ Lot 134R Overlook Park Addition Replat, located at 27 Overlook Circle. C. Z-6532-E The Enclave at Chenal Heights Long-form PD-R, located on the Northeast corner of Chenal Heights Drive and Chenal Valley Drive. NEW BUSINESS: I. SITE PLAN REVIEW: Item Number: File Number: Title: 1. S-867-IIIIIII Chenal Valley Phase 18 E-2 Preliminary Plat, located on Chalamont Drive, East of Chalamont Place, West of Challan Drive. 2. S-1394-B Carter Oaks Subdivision Preliminary Plat, located on Carter Lane. 3. S-1427-C Chateau on Stagecoach Replat Lots 13A-R, 13-R-B and 14RR, located at 38 Chateaus Lane. 4. S-1636-A Heights Addition Preliminary Plat, located East of South Ridge Drive, South of Walton Heights Subdivision. 5. S-1642 Clay Commercial Subdivision Preliminary Plat, located at 13297. Agenda, Page Two I. SITE PLAN REVIEW: (CONTINUED) Item Number: File Number: Title: 6. S-1643 PPG Subdivision Preliminary Plat, located on the Southeast Corner of Vimy Ridge and Alexander Roads. 7. S-1644 Stagecoach Baseline Preliminary Plat, located on the Northeast Corner of Baseline and Stagecoach Roads. II. PLANNED DEVELOPMENTS: Item Number: File Number: Title: 8. Z-2326-C G & S Insulating Revised Short-form PCD, located at 6620 South University Avenue. 9. Z-4473-D Kavanaugh Place Revised Short-form PCD, located at 2701 Kavanaugh Boulevard. 10. Z-5984-B 5201 Jerry Drive and Lot 4 Hoggard’s Addition Short-form POD, located at 5201 Jerry Drive. 11. Z-6120-P Governor’s Manor Revised PD-R, located at Rushmore Avenue and Capitol Hills Boulevard. 12. Z-7008-B Kanis Office Park Short-form POD, located at 18425 Kanis Road. 13. Z-7025-C Creekwood Plaza Revised Short-form PCD, located on the Northeast Corner of Kanis and Bowman Roads. 14. Z-7917-B Verizon Wireless Revised Short-form PCD, located at 12018 Chenal Parkway. 15. Z-7920-B Lot 1 Baker Addition Short-form PCD, located at 17410 Kanis Road. Agenda, Page Three II. PLANNED DEVELOPMENTS: (CONTINUED) Item Number: File Number: Title: 16. Z-8118-A 18220 Cantrell Road Short-form PCD Time Extension, located at 18220 Cantrell Road. 17. Z-8445-A C Street Surgery Center Revised Short-form POD, located at 5910 C Street. 18. Z-8501 Stanton Optical Short-form PCD, located at 112 South University Avenue. 19. Z-8502 Gadberry Short-form PD-R, located at 720 Ash Street. 20. Z-8503 The Residence at Brodie Creek Long-form PD-R, located on the Northwest Corner of West 36th Street and Bowman Road. December 3, 2009 ITEM NO.: A FILE NO.: Z-8470 NAME: Ramirez Short-form PCD LOCATION: 3723 West 98th Street DEVELOPER: Jose Able Ramirez 3723 West 98th Street Little Rock, AR 72209 ENGINEER: Hope Engineering 322 North Market Street Benton, AR 72015 AREA: 2.45 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family and Non-conforming Commercial Automotive Repair ALLOWED USES: Single-family and Automotive Repair PROPOSED ZONING: PCD PROPOSED USE: Single-family – Manufactured Homes, Automotive Body Repair VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: The applicant is requesting a rezoning of the property located at 3723 West 98th Street to recognize existing uses. The property has a non-conforming status to allow the uses as exist today. The property currently contains eight (8) mobile homes fronting 98th Street, a pre-existing commercial building and a storage building. The commercial building sits on the property facing Hilaro Springs Road and is operating as an automotive body repair shop. The building is 30-feet by 57-feet containing 1,710 square feet. The storage building is located along the southern perimeter of the site and is approximately 50-feet by 30-feet and will be used to store building materials from the owner’s job sites. A 15-feet December 3, 2009 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-8470 2 by 30-feet addition was recently added to the storage building resulting in an additional 450 square feet of space. The owner did not secure permits to allow the addition. The site is currently under enforcement for the addition. The automotive body repair shop will operate from 8:00 am to 5:30 pm Monday through Friday and from 8:00 am to 3:00 pm on Saturday. B. EXISTING CONDITIONS: The site contains eight (8) mobile homes, an auto body repair shop and a new building constructed along the southern property line constructed with overhead garage doors. There are a number of vehicles located outside the auto body repair shop in various states of disrepair. There is a gated entrance and a screening fence located along Hilaro Springs Road adjacent to the auto repair activity. West of the site are a number of manufactured homes. North of the site are site built single-family homes. East, across Hilaro Springs Road, are single-family homes and an undeveloped wooded area. Hilaro Springs Road is a two lane road with no sidewalk and open ditches for drainage. West 98th Street is a substandard chip-seal roadway with no sidewalk and open ditches for drainage. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area property owners. All property owners located within 200 feet of the site, 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. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Hilaro Springs Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. 2. Due to the proposed use of the property, the Master Street Plan specifies that West 98th Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 3. A 20 foot radial dedication of right-of-way is required at the intersection of Hilaro Springs Road and West 98th Street. 4. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to Hilaro December 3, 2009 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-8470 3 Springs Road including 5-foot sidewalks with the planned development. The new back of curb should be located 29.5 feet from centerline. 5. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to W. 98th Street including 5-foot sidewalks with the planned development. The new back of curb should be located 15.5 feet from centerline. 6. With site development, provide the design of street conforming to the Master Street Plan. Construct improvements to the Hilaro Springs Rd and West 98th Street intersection with the planned development. West 98th Street should be realigned to connect with Hilaro Springs Road at a 90 degree angle. 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 the building on the south property line is new, the stormwater detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. 9. Street Improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. 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. 11. 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 main extension required with easements for this project. Contact Little Rock Wastewater Utility for additional information. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire December 3, 2009 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-8470 4 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 Geyer Springs East Planning District. The Land Use Plan shows Residential Low Density for this property. The applicant has applied for a Planned Commercial Development to recognize an existing mobile home and commercial development. Since the request is to recognize an existing condition and does not propose to add or change use, no change to the Land Use Plan is proposed. Master Street Plan: Hilaro Springs is a Minor Arterial. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Hilaro Springs since it is a Minor Arterial. West 98th 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 planned for the immediate vicinity. Neighborhood Action Plan: This area is covered by the Upper Baseline Neighborhood Plan. The Neighborhood and Housing Revitalization Goal states: “Preserve residential quality of neighborhood--no daycares, cottage industries, etc.” Landscape: 1. All vehicular use areas will require landscaping at the time a building permit is issued to rehabilitate the site if the rehabilitation on the property exceeding December 3, 2009 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-8470 5 fifty (50) percent of the current replacement cost. At such time fifty (50) percent of the existing vehicular use area must be brought into compliance with the landscape ordinance requirements and must continue to full compliance on a graduated scale based upon the percentage of rehabilitation cost. Any new paved area and/or vehicular use areas are required to comply with the typical landscape ordinance requirements. 2. Commercial uses must provide buffers where abutting any use or zoning except office, commercial or industrial. All sites developed, modified or enlarged must provide a land use buffer(s) as follows: Side property lines at six (6) percent of the average width of the lot on both sides; Rear property lines at six (6) percent of the average depth of the lot; The minimum dimension is nine (9) feet in all instances; The maximum dimension required is fifty (50) feet in all instances. 3. Street buffers are required in all instances. All sites developed, modified or enlarged must provide street buffers as follows: All street property lines at six (6) percent of the average depth of the lot; The minimum dimension must be one-half (1/2) the full width requirement but in no case less than nine (9) feet. The maximum dimension required is fifty (50) feet. G. SUBDIVISION COMMITTEE COMMENT: (July 2, 2009) The applicant was present representing the request. Staff presented an overview of the request stating there were a few outstanding technical issues in need of addressing prior to the item being forwarded to the full Commission for final action. Staff questioned the length of time the auto repair business had been operating from the site. Mr. Ramirez stated he purchased the property a year ago and the business was in operation at that time. Staff questioned the improvements completed to the existing building. Mr. Ramirez stated he had increased the southern building with a very small addition approximately 25 feet wide and the length of the building. Public Works comments were addressed. Staff stated street improvements to Hilaro Springs Road and West 98th Street were required with the approval of the rezoning request. Staff stated it was possible for the City to grant a hardship if the cost of street construction exceeded the cost of the improvements. Staff stated a cost estimate prepared by an engineer for the street construction was required to allow the City to determine if the hardship was applicable. Landscaping comments were addressed. Staff stated all new vehicular use areas would require landscaping in compliance with Chapter 15 or the City’s landscape ordinance. Staff also stated land use and street buffers were required with any redevelopment of the site. December 3, 2009 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-8470 6 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 has provided staff with additional information addressing concerns raised at the July 2, 2009, Subdivision Committee meeting. The additional information includes an engineering analysis outlining the street construction cost as requested by staff to determine if a financial hardship exist regarding the required street improvements. Section 30-284 regarding financial hardship states projects other than subdivisions may require off-street improvements that constitute a substantial portion of total project cost. The public works department may determine that a project involves a financial hardship and require an in-lieu cash contribution not to exceed fifteen (15) percent of the estimated total development cost. The engineers estimate indicates the boundary street improvements are in excess of $179,500.000. The allowance of the fifteen percent cash contribution based on the engineers estimate is $26,968.50. The site is currently zoned R-2, Single-family and was developed prior to the City annexing the site. The site has a history of residential and non-residential uses and was allowed a non-conforming status as it existed at the time of annexation. Section 36-151 outlines the purpose of nonconformities and exceptions to allow nonconformities. The ordinance states the section is to establish regulations and limitations for exceptions to the continued existence of uses, lots and structures which were established prior to the effective date of the zoning ordinance which do not conform to the provisions of Chapter 36. Such nonconformities may continue, but the provisions of the division are designed to curtail enlargement or expansion of such nonconformities and to encourage their eventual elimination in order to preserve the integrity of the zoning districts and the regulations by Chapter 36. The ordinance states any nonconforming use, structure or lot which legally existed prior to the adoption of this section of the zoning ordinance or any use, structure or lot which has been rendered nonconforming by the provisions of Chapter 36 may continue to be utilized in the same fashion as existed prior to the adoption of the ordinance. Any conforming use, structure or lot legally existing under the provisions shall not be rendered nonconforming by action of the city, county, or state of Arkansas in the acquisition of property for street or drainage right-of-way. The ordinance also states if an application is made for rezoning, the applicant must submit a planned development unless agreeing to satisfy building setbacks December 3, 2009 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-8470 7 and needed right-of-way to current City ordinance and the Master Street Plan standards. The ordinance states a nonconforming use shall not be extended, expanded, enlarged or increased in intensity to any structure or land area other than that occupied by such nonconforming use on the effective date of the ordinance, or any amendment which causes such use to become nonconforming and any nonconforming structure may be enlarged, maintained, repaired or altered; provided, however, that no such enlargement, maintenance, repair or alteration shall either create an additional nonconformity or increase the degree of the existing nonconformity of all or any part of such structure. The site is not proposed with signage but staff would recommend if signage is proposed and allowed signage be limited to signage allowed in office and institutional zones. Staff feels the allowance of a ground sign six (6) feet in height and sixty-four (64) square feet in area for the commercial aspect of the development is sufficient to identify the uses. There is to be no signage on West 98th Street on the portion of the site occupied by the manufactured homes. The request is to recognize the existing uses on the site and allow the building expansion made to the southern building to remain. The property currently contains eight (8) mobile homes fronting West 98th Street, a pre-existing commercial building and a storage building used by the owner as storage for materials related to his contracting business. There are no changes proposed to the manufactured homes. The applicant requests in the future upgrades to the manufactured homes be allowed. The storage building is located along the southern perimeter of the site and is approximately 50-feet by 30-feet and will be used to store building materials from the owner’s job sites. A 15-feet by 30-feet addition was recently added to the storage building resulting in an additional 450 square feet of space. The owner did not secure permits to allow the addition. The site is currently under enforcement for the addition. The commercial building sits facing Hilaro Springs Road and is operating as an automotive body repair shop. The building is 30-feet by 57-feet containing 1,710 square feet. The automotive body repair shop will operate from 8:00 am to 5:30 pm Monday through Friday and from 8:00 am to 3:00 pm on Saturday. Staff is supportive of allowing the site to continue to operate with the hours of operation indicated above and limiting the approved uses to those identified in this write-up. Staff supports the expansion of the storage building as currently constructed and the allowance of the issuance of the final certificate of December 3, 2009 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-8470 8 occupancy for the building subject to the applicant receiving all necessary permits from the City and payment of all filing fees associated with the building permit to the City. Based on the construction cost estimates staff is supportive of allowing the payment of an in-lieu contribution of fifteen (15) percent for the required street development cost. To staff’s knowledge there are no outstanding technical issues associated with the request. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the following conditions: 1. Compliance with the comments and conditions as outlined is paragraphs D, E and F of the agenda staff report. 2. There is to be no storage of inoperable or wrecked vehicles on the site. 3. There is to be no outside storage of vehicle parts, materials or equipment. 4. All uses must take place within the enclosed building. 5. A six foot opaque screen must be installed along the western perimeter of the entire site, where adjacent to residentially zoned or used property Staff recommends payment of an in-lieu contribution for the required street construction at a rate of fifteen percent of the total development cost. PLANNING COMMISSION ACTION: (JULY 23, 2009) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had failed to respond to comment raised at the July 2, 2009, Subdivision Committee meeting. Staff presented a recommendation the item be deferred to the September 3, 2009, public hearing. 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: (SEPTEMBER 3, 2009) The applicant was not present. There were registered objectors present. Staff presented the item stating they had concerns with portions of the application request and requested the item be deferred to the October 15, 2009, public hearing. December 3, 2009 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-8470 9 There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. STAFF UPDATE: In the staff write-up dated September 3, 2009, staff indicated the applicant’s cash contribution for the street construction would be $26,968.50. This amount is incorrect. The cash contribution should have been calculated on the actual cost of construction of the building and not the cost of street construction. The applicant indicated approximately $4,000.00 was spent on the building construction resulting in a contribution of $600.00. The City Attorney’s office has reviewed Public Works request for right of way dedication and the in-lieu contribution and determined since only a portion of the site is being used as a non-residential use this is the only portion of the property the City should consider rezoning. There are five (5) buildings located on the site currently being used for non-residential purposes. There are three (3) buildings associated with the automobile repair business and two (2) buildings being used by the owner as storage. The southern most building will be used to house the owners personal RV. There will be no commercial activity allowed within this building. Within the area proposed for rezoning the right of way for Hilaro Springs Road is in place. Based on the current request and no additional activity on the site the applicant will not be required to provide an in-lieu contribution or any additional right of way dedication for Hilaro Springs Road or for West 98th Street. This will nullify Public Works comments within the review with the exception of comments 4, 7, 8, 9, 10 and 11. Staff continues to support the request to rezone the property to recognize the existing non-residential use on the site. The automotive repair is limited to the three (3) buildings located along the western perimeter with the automotive repair activity being limited to the center building and storage being in the northern and southern buildings. All staff comments and conditions continue to apply as indicated in the above staff write-up and recommendation. PLANNING COMMISSION ACTION: (OCTOBER 15, 2009) The applicant was not present. There were registered objectors present. Chairman Yates requested the applicant come to the podium to determine if the applicant wanted to pursue the application request based on the number of Commissioners present. December 3, 2009 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-8470 10 Mr. Ramirez was not present. There was a spirited discussion by the Commission as to the options available. Deputy City Attorney Cindy Dawson stated the Commission’s By-laws allowed a deferral if the applicant was not present. She stated her concerns were with due process. She stated without the applicant present to respond to comments made there was a potential for the City to be sued for lack of due process. She stated fairness and equity were also concerns. She stated the Citizens which had come to the previous two meetings had been impositioned and she did understand the Commission’s frustration. Commissioner Adcock questioned if the citizens were unable to attend the next meeting where was there fairness and equity. Ms. Dawson stated the Commission could defer the item at the next public hearing if there were circumstances that warranted a deferral of the item including if the citizens were unable to attend the meeting if the Commission chose to do so. A motion was made to defer the item to the December 3, 2009, public hearing. The motion carried by a vote of 6 ayes, 2 noes and 3 absent. STAFF UPDATE: There has been no change to the application request since the previous staff write-up. PLANNING COMMISSION ACTION: (DECEMBER 3, 2009) Mr. Able Ramirez was present representing the request. There were registered objectors present. Staff presented the item stating the request was a rezoning of the non-residential portion of the site only to recognize and existing auto body repair shop and allow a building located along the southern perimeter to be used as storage by Mr. Ramirez. Mr. Ramirez addressed the Commission. He stated he bought the property a few years ago and the site had an auto body repair shop on the property when he purchased the site. He stated there were seven mobile homes located on the site. He stated #1 was no longer on the site. Mr. Pat Gee addressed the Commission in opposition of the request. She stated she was President of the Upper Baseline Neighborhood Association and Vice-President of the Southwest Little Rock United for Progress. She stated both organizations had voted to oppose the request. She stated the site was a nuisance to the area residents. She provided the Commission with copies of police reports for the area. She stated the violations included noise, loud music, gun fire and disturbing the peace. She stated she had visited the site and when she pulled in she did not feel comfortable which was unusual for her. She requested the Commission deny the request. December 3, 2009 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-8470 11 Mr. Tommy Hayes addressed the Commission in opposition of the request. He stated his home was two blocks from the site and his family was disturbed on a number of occasions by the gun fire and loud music from the site. He stated he checked with the Secretary of States office to determine if the business had a license and was told they did not. He stated the property was purchased in 2003 by Mr. Ramirez. He stated the neighborhood concerns were noise, buffering and disturbance calls. He stated the police had been to the site a number of times to quite persons from large social gatherings. He stated the residents did not need this disturbance within their residential neighborhood. Mr. Hayes stated the neighborhood was a quiet working class, mixed race and age neighborhood. He stated the neighborhood cared about each other and checked on each other. He stated the area was not rental but an area of new homeowners and retirees. He stated the neighborhood was not safe and the area needed to be rid of the loud noise, running gun battles and various disturbances. Mr. Ramirez addressed the Commission addressing the issues raised. He stated he was not aware of any issues at the auto body repair shop. He stated the noise complaints were most likely coming from the mobile homes. He stated he did not live on site and was not aware of the problems the neighborhood was having. He stated the site was not being used as a special events center. He stated there was a family reunion earlier in the year but most of the persons left by 10:00 to 11:00 pm. He stated there were two keys to the gate. He stated one held by the auto body repair shop owner and the second he had. He stated the gate was located at 5:00 in the afternoon and was not reopened until 8:00 the next morning. He stated his mother-in-law lived in one of the mobile homes and his sister-in-law and brother-in-law each lived in two separate mobile homes. He stated the remainder of the homes were rented by persons renting to own the home. He stated he owned all the land on the site. Commissioner Rector stated he had concerns with Mr. Ramirez’s statement that he was unaware of the problems taking place in the area. He told Mr. Ramirez he did not feel he had control of his property to not know the number of complaints and the number of police calls to the area. He stated he had constructed a building without a permit, had not shown at a couple of the public hearings and was now saying he was unaware of the numerous police calls to the property. Mr. Rector stated the issue before the Commission was a land use issue. He stated he had concerns with approving a land use for the property if there was no control of what was going on in the area. Mr. Ramirez stated he would get a better handle on the activities in the area and determine if the noise was coming from his tenants or the adjacent tenants. There was a general discussion by the Commission and Mr. Ramirez concerning the construction on the site and the cost of construction. Mr. Ramirez stated he did the work himself and the materials to enclose the small addition were $4,000. Commissioner Laha commented this was less than $9.00 per square foot. The December 3, 2009 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-8470 12 Commission questioned if Mr. Ramirez had obtained a building permit. He stated he did obtain a permit in July after being told by the City a permit was necessary. The Commission questioned if the auto body shop had a business license. He stated he did not have a business license. Staff stated the auto repair shop could not get a license unless the zoning was approved. The Commission questioned the culvert and the driveway access. Staff stated the culvert appeared to have been in place a number of years. Staff stated the culvert appeared to be clogged and would have operations check and clean the culvert if necessary. The Commission questioned permitting process for culverts. Staff stated plans were reviewed along with pipe sizes to determine the capacity and if the pipe size could handle the water flows. The chair entertained a motion for approval of the item as presented by staff. The motion failed by a vote of 3 ayes, 6 noes, 0 absent and 2 open positions. December 3, 2009 ITEM NO.: B FILE NO.: S-46-JJ NAME: Lot 134R Overlook Park Addition Replat LOCATION: Located at 27 Overlook Circle DEVELOPER: Jerry and Stephanie Atchley 27 Overlook Circle Little Rock, AR ENGINEER: Laha Engineers, Inc. 6602 Baseline Road, Suite E Little Rock, AR 72209 ARCHTECT: HOMS, Inc. 409 Main Street North Little Rock, AR 72114 AREA: 1.73 acres NUMBER OF LOTS: 2 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family PLANNING DISTRICT: 3 – West Little Rock CENSUS TRACT: 22.01 VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: The applicant is seeking approval of a lot split for this 1.73-acre (75,420 square foot) lot located in the Overlook Park Subdivision. The first lot will contain the existing residence and drive access from Overlook Circle. This lot will have 38,420 square feet of land from the original 75,420 square feet. The second lot will have the remaining 37,000 square feet of the original lot. The drive access is proposed from Overlook Drive along the north property line. This area is currently platted with a 10 foot no vehicle access along Overlook Drive. The December 3, 2009 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: S-46-JJ 2 applicant is requesting the removal of the restrictive access easement to allow a 25-foot single drive within the area. The remainder of the restrictive access easement will remain in place. The applicant has provided the Bill of Assurance for Lots 134 and 135 of the Overlook Park Addition to the City of Little Rock, which states vehicular access to any lot from Overlook Drive, shall be prohibited. B. EXISTING CONDITIONS: Overlook Circle is a two lane street with curb and gutter. There is no sidewalk in place along the property frontage. The area proposed for the second lot is adjacent to Overlook Drive. There are no sidewalks on this portion of Overlook Drive. The area does have curb and gutter in place. This area of the lot slopes upward from Overlook Drive quite significantly. There are single-family homes located in the immediate area to the south, west and east. The Arkansas River, the Lock and Dam and the Big Dam Bridge are located to the north of the property. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from the area property owners. All abutting property owners and the Overlook Property Owners Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Due to the steep running slope of Overlook Drive, the proposed driveway would create unsafe driving conditions. No other driveway accesses the downhill traffic flow lane on Overlook Drive in this area. Compared to being on the north side of Overlook Drive, the downhill traffic flow of the street creates high speeds, excessive vehicle breaking for turn movements, and steep transition from the street to the driveway. 2. A 10 foot wide no vehicle access easement is located along Overlook Drive in this area. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: No comment received. December 3, 2009 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: S-46-JJ 3 Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: No objection. 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: No comment. G. SUBDIVISION COMMITTEE COMMENT: (July 2, 2009) Mr. Troy Laha and Mr. Andrew McCaley were present representing the request. Staff presented an overview of the proposed plat stating there was a concern with the placement of a drive on Overlook Drive. Staff stated there were no drives located on the south side of Overlook Drive. Staff stated the traffic flow was downhill which typically increased speeds of motorist and could created safety issues. Staff requested Mr. Laha provide distances for the drive and provide a drawing of the driveway design to staff to review to determine if their concerns could be addressed. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised plat to staff addressing the issues and concerns raised at the July 2, 2009, Subdivision Committee meeting. The applicant has provided a sketch of the proposed driveway as requested by staff. Staff is agreeable to allowing access and the removal of the 10-foot restrictive access easement along Overlook Drive provided the drive is constructed with the first 20 feet from the curb having a centerline grade of near 0 percent and the December 3, 2009 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: S-46-JJ 4 remainder to the right-of-way line not exceeding 14 percent. The driveway will be constructed with a 20 foot curb radius. Trees within the right-of-way may be required to be removed by applicant if sight distance is not sufficient. The applicant must contact Public Works prior to the removal of any trees in the public right-of-way. The request is to allow a lot split for this 1.73-acre (75,420 square foot) lot located in the Overlook Park Subdivision. The first lot will contain the existing residence and drive access from Overlook Circle. The lot will contain 38,420 square feet. The second lot will have the remaining 37,000 square feet of the original lot with the drive access from Overlook Drive along the north property line. This area is currently platted with a 10 foot no vehicle access along Overlook Drive. The applicant is requesting the removal of the restrictive access easement to allow a 25-foot single drive within the area. The remainder of the restrictive access easement will remain in place. The applicant has provided the Bill of Assurance for Lots 134 and 135 of the Overlook Park Addition to the City of Little Rock, which states vehicular access to any lot from Overlook Drive, shall be prohibited. Section 4 of the Bill of Assurance states no lot shall be subdivided without the written consent of the Allotter and the Little Rock Planning Commission. Section 27 of the Bill of Assurance states any and all of the covenants, provisions or restrictions set forth in the Bill of Assurance may be amended, modified, extended, changed or canceled in whole or in part by a written instrument signed and acknowledged by the owner or owners of over 50 percent in area of the land in this addition, including lands adjacent to any platted parts of this addition, owned by the Allotter, and included in the overall preliminary plat of the addition filed with the Little Rock Planning Commission; provided, any such amendment shall be subject to approval by the Little Rock Planning Commission and Arkansas Power and Light Company Although there are issues with the Bill of Assurance concerning the proposed replatting of the property the City typically does not get involved in Bill of Assurance issues. The replat as proposed allows lot areas sufficient to meet the typical standards of the City’s Subdivision Ordinance. Public Works staff has indicated they are supportive of allow a drive to access the second lot from Overlook Drive. To staff’s knowledge there are no remaining outstanding technical issues associated with the request. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. December 3, 2009 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: S-46-JJ 5 Staff recommends approval of allowing access and the removal of the 10-foot restrictive access easement along Overlook Drive provided the drive is constructed with the first 20 feet from the curb having a centerline grade of near 0 percent and the remainder to the right-of-way line not exceeding 14 percent. The driveway must be constructed with a 20 foot curb radius. Trees within the right-of-way may require removal by applicant if sight distance is not sufficient. The applicant must contact Public Works prior to the removal of any trees in the public right-of-way. PLANNING COMMISSION ACTION: (JULY 23, 2009) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had failed to provide proper notification to the abutting property owners as required by the Commission’s By-laws. Staff presented a recommendation of deferred to the September 3, 2009, public hearing. 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 8 ayes, 0 noes, 2 absent and 1 recusal (Commissioner Troy Laha). STAFF UPDATE: There has been no change to this application request since the previous staff write-up. Staff continues to support the request subject to the comments and conditions noted above. PLANNING COMMISSION ACTION: (SEPTEMBER 3, 2009) The applicant was present. There were registered objectors present. Staff presented the item stating there were issues related to the Bill of Assurance which had been raised and staff needed additional time to review the issues raised. Staff requested the item be deferred to the October 15, 2009, public hearing. There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. December 3, 2009 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: S-46-JJ 6 STAFF UPDATE: The City Attorney’s office is continuing to review the issue raised concerning the proposed plat and the violation of the Bill of Assurance. Staff will provide the Commission with the findings at the October 15, 2009, public hearing. PLANNING COMMISSION ACTION: (OCTOBER 15, 2009) The applicant was present. There were no registered objectors present. Staff presented the item stating based on the City Attorney’s opinion the City did not have the right to remove, in whole or in part, the existing no vehicular access easement on the north side of Lot 134 in the Overlook Park Subdivision the applicant had requested a deferral of the item to review various options for re-submittal of the plat removing the request to eliminate the no vehicular access easement. Staff stated the applicant had indicated based on the timing of the opinion they had not had time to review the various options for accessing the new lot and requested a deferral to the December 3, 2009, public hearing to determine if a different access was feasible. Staff stated the deferral request would require a waiver of the Commission’s By-laws with regard to the late deferral request. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The chair entertained a motion for approval of a waiver of the Commission’s By-laws with regard to the late deferral request. The motion carried by a vote of 7 ayes, 0 noes, 3 absent and 1 recusal (Commissioner Laha). The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 7 ayes, 0 noes, 3 absent and 1 recusal (Commissioner Laha). STAFF UPDATE: There has been no contact by the applicant since the previous public hearing. Staff recommends this item be withdrawn, without prejudice, and resubmitted once the outstanding issues related to access is resolved. PLANNING COMMISSION ACTION: (DECEMBER 3, 2009) The applicant was present. There were no registered objectors present. Staff stated the applicant had contacted them on December 2, 2009, requesting a deferral of the item to the January 14, 2010, public hearing. Staff stated the deferral request would require a waiver of the Commission’s By-laws with regard to the late deferral request. Staff stated they were supportive of the deferral request. December 3, 2009 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: S-46-JJ 7 There was no further discussion of the item. The chair entertained a motion for approval of the By-law waiver with regard to the late deferral request. The motion carried by a vote of 9 ayes, 0 noes, 0 absent and 2 open positions. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 9 ayes, 0 noes, 0 absent and 2 open positions. December 3, 2009 ITEM NO.: C FILE NO.: Z-6532-E NAME: The Enclave at Chenal Heights Long-form PD-R LOCATION: Located on the Northeast corner of Chenal Heights Drive and Chenal Valley Drive DEVELOPER: Boomer Consumer, LLC P.O. Box 242146 Little Rock, AR 72223 ENGINEER: Thomas Engineering Company 3810 Lookout Road North Little Rock, AR 72116 AREA: 14.12 acres NUMBER OF LOTS: 68 FT. NEW STREET: 2,060 LF CURRENT ZONING: PD-R ALLOWED USES: Retirement village PROPOSED ZONING: Revised PD-R PROPOSED USE: Attached and detached single-family VARIANCES/WAIVERS REQUESTED: A variance from the City’s Land Alteration Ordinance to allow grading of the future lots with the placement of the basic infrastructure within the proposed subdivision. The applicant submitted a request dated August 20, 2009, requesting a deferral of this item to the October 15, 2009, public hearing. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (SEPTEMBER 3, 2009) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated August 20, 2009, requesting a deferral of the item to the October 15, 2009, public hearing. Staff stated they were supportive of the deferral request. December 3, 2009 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-6532-E 2 There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. STAFF UPDATE: The applicant submitted a request dated September 30, 2009, requesting a deferral of this item to the December 3, 2009, public hearing. The applicant has indicated the additional time is necessary to resolve issues related to the Bill of Assurance. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (OCTOBER 15, 2009) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated September 30, 2009, requesting a deferral of the item to the December 3, 2009, public hearing. Staff stated the applicant had indicated the additional time was necessary to resolve issues related to the Bill of Assurance. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 8 ayes, 0 noes and 3 absent. STAFF UPDATE: The applicant submitted a request dated November 18, 2009, requesting this item be deferred to the January 14, 2010, public hearing. The deferral request will require a waiver of the Commission’s By-laws with regard to the late deferral request. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (DECEMBER 3, 2009) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated November 18, 2009, requesting a deferral of the item to the January 14, 2010, public hearing. Staff stated the deferral request would require a waiver of the Commission’s By-laws with regard to the number of deferral request. Staff stated they were supportive of the deferral request. December 3, 2009 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-6532-E 3 There was no further discussion of the item. The chair entertained a motion for approval of the By-law waiver to allow the additional deferral request. The motion carried by a vote of 9 ayes, 0 noes, 0 absent and 2 open positions. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 9 ayes, 0 noes, 0 absent and 2 open positions. December 3, 2009 ITEM NO.: 1 FILE NO.: S-867-IIIIIII NAME: Chenal Valley Phase 18 E-2 Preliminary Plat LOCATION: Located on Chalamont Drive, East of Chalamont Place, West of Challan Drive DEVELOPER: Deltic Timber Corporation #7 Chenal Club Boulevard Little Rock, AR 72223 ENGINEER: White-Daters and Associates #24 Rahling Circle Little Rock, AR 72223 AREA: 6.1 acres NUMBER OF LOTS: 22 FT. NEW STREET: 950 LF CURRENT ZONING: R-2, Single-family PLANNING DISTRICT: 19 - Chenal CENSUS TRACT: 42.11 VARIANCES/WAIVERS REQUESTED: 1. A variance from the Master Street Plan to allow the intersection street grade to exceed the typical ordinance standard. 2. A variance from the Land Alteration Ordinance to allow advanced grading of the entire property with the installation of the basic infrastructure. 3. A variance from the Subdivision Ordinance to allow a reduced front building line for the plat area. (Section 31-256) 4. A variance from the Zoning Ordinance to allow reduced side yard setbacks for the plat area (5-feet). (Section 36-254(d)(2)) 5. A variance from the Subdivision Ordinance to allow a reduced lot size for Lots 1-5. (Section 31-232) December 3, 2009 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-867-IIIIIII 2 A. PROPOSAL/REQUEST: The request is a preliminary plat to allow the creation of 22 new single-family lots from this 6.1 acre tract located just south of Joe T. Robinson School. The subdivision is proposed with a single access from Chalamont Drive with 950 linear feet of new public street constructed to serve the new lots. There are a number of variances associated with the proposed preliminary plat. All 22 of the new lots are proposed with a 15-foot front building line and 5-foot side yard setbacks. Lots 1 – 5 are indicated with a lot area less than the typical 7,000 square feet as required by the R-2, Single-family zoning district. The request includes a variance from the Master Street Plan to allow a ten percent (10%) grade over the entire length of the entrance street. The request also includes a variance from the City’s Land Alteration Ordinance to allow the grading of the lots during the construction of the streets and utilities. B. EXISTING CONDITIONS: The site is a wooded site located south of Joe T Robinson School and west of the area private neighborhood clubhouse and pool. The site appears to slope slightly from Chalamont Drive upward to the north. Chalamont Drive is constructed as a collector street with curb and gutter. An entrance access to this site was installed with the construction of Chalamont Drive. The area to the southeast is developed with single-family homes. The area to the west is vacant but was recently final platted for new single-family home construction. South of the site is wooded with no home constructed at this time. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from the area property owners. All property owners abutting the site, the Coalition of West Little Rock Neighborhoods and the Duqesne 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. Since the street is 24 feet in width, show on the plan the area of restricted parking. December 3, 2009 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-867-IIIIIII 3 3. With site development, provide the design of street conforming to the Master Street Plan. Construct street improvement to Chalamont Court with the planned development. 4. 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. 5. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). 6. If disturbed area is one (1) or more acres, obtain a NPDES stormwater permit from the Arkansas Department of Environmental Quality prior to the start of construction. 7. Stormwater detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. 8. Staff is in support of the variance for a ten percent (10%) intersection grade. 9. Street improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. 10. Provide a letter prepared by a registered engineer certifying the sight distance at the intersections comply with 2004 AASHTO Green Book standards. 11. The Public Works notes pertaining to street and right-of-way width do not match the widths shown on the plans. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required with easements for this project. Contact Little Rock Wastewater Utility for additional information. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. 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. Please submit plans for water facilities to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water December 3, 2009 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-867-IIIIIII 4 facilities. Approval of plans by Central Arkansas Water, the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. Fire Department: Fire Hydrants will be required. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (November 12, 2009) The applicant was not present. Staff presented the item to the Committee along with the requested variances. Staff stated there were no significant technical issues associated with the request. Staff noted there were a number of variances related to lot development standards but were consistent with the previous development pattern in the area. Staff stated they would contact the applicant and provide them with the comments and work through any issues. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised preliminary plat to staff addressing the issues identified for the November 12, 2009, Subdivision Committee meeting. The revised plat indicates the source of title of the landowner and indicates the street as a 24-foot wide street in a 45-foot right-of-way. The plat also indicates the areas of restricted parking. The request is to create a preliminary plat to allow the 22 new single-family lots from a 6.1 acre tract with a density of 3.6 units per acre. A single access from Chalamont Drive is proposed with 950 linear feet of new public street constructed to serve the new lots. The street is proposed as a minor residential street with 24 feet of pavement in a 45 foot right-of-way. There are a number of variances from the Subdivision Ordinance proposed for the development of the lots. All 22 of the new lots are proposed with a 15-foot front building line and 5-foot side yard setbacks. The ordinance typically requires the placement of a 25 foot front yard building line and a side yard of ten (10) percent of the lot width not to exceed eight (8) feet. December 3, 2009 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-867-IIIIIII 5 The proposed plat contains a variance from the Subdivision Ordinance to allow lots to develop with a reduced lot area. Lots 1 – 5 are indicated with lot areas less than the typical 7,000 square feet as required by the R-2, Single-family Zoning District. The lots are indicated with 6,900 square feet. The request includes a variance from the Master Street Plan to allow a ten percent (10%) grade over the entire length of the entrance street. The Master Street Plan states a maximum centerline grade at intersections for the first thirty (30) feet is five (5) percent. The request also includes a variance from the City’s Land Alteration Ordinance to allow the grading of the lots during the construction of the streets and utilities. The developers have indicated the variance is necessary to balance the site. Staff is supportive of the proposed plat and the variance requests. Although there are variances associated with the preliminary plat the development standards of the lots are consistent with development standards of other phases of Chenal within the area. The density proposed for the new subdivision is 3.6 units per acre which is also typical of the development pattern in the Chenal area. Two (2) tracts of open space are indicated on the proposed plat to allow buffering from Chalamont Drive and a third tract is indicated along the western perimeter of the proposed subdivision. Staff is supportive of the variance request from the Land Alteration Ordinance to allow advanced grading of the site to allow the site to balance and eliminate the need for hauling of material on City streets. To staff’s knowledge there are no outstanding technical issues in need of addressing. Staff feels the creation of the subdivision as proposed should have limited impact on the adjoining properties. I. STAFF RECOMMENDATION: Staff recommends approval of the proposed preliminary plat subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends approval of the variance request from the Land Alteration Ordinance to allow grading of the entire tract with the placement of the streets and utilities. Staff recommends approval of the variance request from the Subdivision Ordinance Section 31-256 to allow a reduced front building line for the plat area, the variance December 3, 2009 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-867-IIIIIII 6 request from Section 36-254(d)(2) to allow reduced side yard setbacks for the plat area (5-feet) and the variance from the Subdivision Ordinance Section 31-232 to allow a reduced lot size for Lots 1-5. Staff recommends approval of the variance request from the Master Street Plan to allow the intersection grade to exceed the typical ordinance standard. PLANNING COMMISSION ACTION: (DECEMBER 3, 2009) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the proposed preliminary plat subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff presented a recommendation of approval of the variance request from the Land Alteration Ordinance to allow grading of the entire tract with the placement of the streets and utilities. Staff also presented a recommendation of approval of the variance request from the Subdivision Ordinance Section 31-256 to allow a reduced front building line for the plat area, the variance request from Section 36-254(d)(2) to allow reduced side yard setbacks for the plat area (5-feet) and the variance from the Subdivision Ordinance Section 31-232 to allow a reduced lot size for Lots 1-5. Staff presented a recommendation of approval of the variance request from the Master Street Plan to allow the intersection grade to exceed the typical ordinance standard. There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 9 ayes, 0 noes, 0 absent and 2 open positions. December 3, 2009 ITEM NO.: 2 FILE NO.: S-1394-B NAME: Carter Oaks Subdivision Preliminary Plat LOCATION: Located on Carter Lane DEVELOPER: AEAD Investments c/o White-Daters and Associates #24 Rahling Circle Little Rock, AR 72223 ENGINEER: White-Daters Engineers #24 Rahling Circle Little Rock, AR 72223 AREA: 0.739 acres NUMBER OF LOTS: 5 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family PLANNING DISTRICT: 19 - Chenal CENSUS TRACT: 42.11 VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: On July 23, 2003, the Little Rock Planning Commission approved a preliminary plat for an area containing 5.0-acres to allow the creation of 20 single-family residential lots. A new public street extending from Carter Lane was proposed to access the new lots with three of the lots fronting onto a proposed collector street (Lamarche Drive). The average lot size proposed was 60-feet by 120-feet or 7,200 square feet. A new residential street with 45-feet of right-of-way and 24-feet of pavement was proposed with lots loading from the new street, Carter Oaks Lane. The applicant also proposed ½ street construction to Lamarche Drive which adjoined the applicant’s western property line with final platting. The development was proposed in two phases with Lots 5 – 17 final platted in Phase I and Lots 1 – 4 and 18 – 20 being completed in Phase II. A final plat for Phase I was executed on March 10, 2006. December 3, 2009 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1394-B 2 A. PROPOSAL/REQUEST: The request is to allow the creation of a zero lot line subdivision containing five (5) lots from four (4) of the previously final platted lots. The proposal is to allow structures to be constructed on the lot line, with the exception of 19R which will have a six foot side yard setback on the southern property line adjacent to an existing home. The lots are proposed with an average size of 53 feet by 120 feet. The proposed plat indicates the allowable building area on all lots is 42-feet width by 70-feet in depth. The building envelope allows a maximum building footprint of 2,940 square feet for single story structures. The cover letter indicates the structures will be one or two stories. The cover letter states the south building elevation will not include doors or transparent windows. Translucent windows will be permitted. B. EXISTING CONDITIONS: There is a recently constructed single-family home located on Lot 20 which is not a part of the proposed subdivision. There is also a single-family home located on Lots 17R, 18R and Tract A. The area is predominately single-family located on large lots. There is a small engine repair shop located to the southeast but it is currently closed. Carter Lane is a narrow street constructed of chip seal. With the final platting of Lots 16 – 20 a sidewalk, curb and gutter were constructed along this property frontage on Carter Lane. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from the area property owners. All property owners abutting the site and the Coalition of West Little Rock Neighborhoods were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Carter Lane has been improved to the Master Street Plan standard along the frontage of this property. 2. Stormwater detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. 3. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. December 3, 2009 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1394-B 3 4. If disturbed area is one (1) or more acres, obtain a NPDES stormwater permit from the Arkansas Department of Environmental Quality prior to the start of construction. 5. Measures to control the increase in stormwater runoff from the increased impervious surface should be implemented to not damage adjacent property. 6. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to LaMarche Drive with the planned development. Staff recommends an in-lieu payment for the cost of the required street improvements. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water if larger and/or additional water meter(s) are required. 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: Fire Hydrants will be required. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (November 12, 2009) The applicant was not present. Staff presented the item to the Committee stating the request was to allow five (5) zero lot line lots to be created from four (4) December 3, 2009 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1394-B 4 previously final platted lots. Staff stated there were few outstanding technical issues associated with the request. Staff stated they would contact the applicant and work to resolve any outstanding issues prior to the full Commission hearing the request. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised preliminary plat addressing issues raised at the November 12, 2009, Subdivision Committee meeting. The revised cover letter states the area of the previously approved preliminary plat will be revised and submitted to staff upon dedication of right of way for LaMarche Drive located along the preliminary plats western boundary. The home on Tract A will be removed and this land area will become a part of lots within the preliminary plat area located west of this site. The subdivision is proposed as a replat for four (4) previously final platted lots allowing the creation of a zero-lot-line subdivision containing five (5) lots. Section 36-254(d)(4) states for the purposes of zero-lot-line lots, the minimum lot width may be reduced to not less than thirty-five (35) feet. The lot area shall not be less than four thousand (4,000) square feet. Section 31-234 states submission of a plat creating a zero-lot-line development shall be accompanied by a generalized site plan showing the proposed locations and dimensions of all buildings, accessory uses and other improvements. Platted building lines shall be shown on all sides of each lot for purposes of delineating the maximum buildable area of each lot and specify the zero-lot-line yard. The proposal is to allow structures to be constructed on the lot line, with the exception of 19R which will have a six foot side yard setback on the southern property line adjacent to an existing home. The remainder of the lots will have a zero setback on the southern property line and a ten foot side yard setback on the northern property line. The average lot size is 53 feet by 120 feet for a lot area of 6,360 square feet. The proposed plat indicates an allowable building area on all lots of 42-feet by 70-feet for a building envelope of 2,940 square feet. Staff is supportive of the request. The applicant has provided the required information to verify lot development standards as established for a zero-lot-line subdivision per the Zoning and Subdivision Ordinances. To staff’s knowledge there are no remaining outstanding technical issues in need of addressing related to the proposed preliminary plat request. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. December 3, 2009 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1394-B 5 PLANNING COMMISSION ACTION: (DECEMBER 3, 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. There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 9 ayes, 0 noes, 0 absent and 2 open positions. December 3, 2009 ITEM NO.: 3 FILE NO.: S-1427-C NAME: Chateaus on Stagecoach Replat Lots 13A-R, 13-R-B and 14RR LOCATION: Located at 38 Chateaus Lane DEVELOPER: Cipriano Avial 38 Chateaus Lane Little Rock, AR 72210 ENGINEER: White Daters and Associates #24 Rahling Circle Little Rock, AR 72223 AREA: 0.58 acres NUMBER OF LOTS: 3 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family PLANNING DISTRICT: 16 – Otter Creek CENSUS TRACT: 42.08 VARIANCES/WAIVERS REQUESTED: 1. A variance from the Subdivision Ordinance to allow a reduced front building line of 15-feet. (Section 31-256) 2. A variance from the Subdivision Ordinance to allow a reduced lot area for Lot 13A-R. (Section 31-232) 3. A variance from the Subdivision Ordinance to allow the lots to be created with a lot width less than typically required per the R-2, Zoning District. (Section 31-232(a)) A. PROPOSAL/REQUEST: The project contains 0.58 acres and is located on Chateaus Lane. The site was originally final platted as three (3) residential lots and later replatted into two (2) residential lots. The owner now desires to replat the lots into three (3) residential lots. December 3, 2009 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-1427-C 2 The original approval allowed for a reduced front building line for all the lots of 15-feet which the applicant is continuing to request. Lot 13A-R is indicated with a reduced lot area than is typically required per the R-2, Single-family Zoning District. Each of the lots are indicated with a lot width less than typically required per the R-2, Single-family Zoning District. B. EXISTING CONDITIONS: The subdivision has developed with few lots remaining without homes. The site has a home on the western most lot with the area to be replatted vacant. Chateaus Lane is a residential street constructed with curb and gutter. There are no sidewalks in place along this property frontage. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from the area property owners. All property owners abutting the site, the Chateaus on Stagecoach Neighborhood Association and Southwest Little Rock United for Progress were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: No comment. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: No objection. Fire Department: Approved as submitted. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. December 3, 2009 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-1427-C 3 F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (November 12, 2009) The applicant was not present. Staff presented the item to the Committee stating the request was to allow two (2) lots to become three (3). Staff stated at the time the subdivision was final platted the area was three lots and was later replatted into two (2). Staff stated there were no outstanding technical issues in need of addressing related to the proposed replat. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: There were no outstanding technical issues in need of addressing raised at the November 12, 2009, Subdivision Committee meeting. The request is to allow two (2) single-family residential lots to become three (3) residential lots. At the time the final plat was approved the area contained three (3) lots. During construction of the owners home he decided to recombine the lots into two (2) lots. He has since decided to take the lots back to the original configuration with a slight modification to the lot lines allowing for three (3) lots. As with the original approval the lots are indicated with a fifteen (15) foot front building line. Lots 14RR and 13R-B are indicated with a minimum lot area which is consistent with the R-2, Single-family Zoning District. Lot 13R-A is indicated with 5,986 square feet. As with the original approval all the lots are indicated with a reduced lot width at the building line. Lot 14RR is indicated with a 34-foot lot width, Lot 13R-B a 32-foot lot width and Lot 13R-A a 40-foot lot width. Staff is supportive of the request. Staff does not feel the subdivision of the lots into three (3) residential lots as proposed will impact the area. The lots are proposed with similar lot widths, areas and setbacks as the original approval with a slight modification to the originally approved lot lines. 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. December 3, 2009 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-1427-C 4 Staff recommends approval of the variance request from the Zoning and Subdivision Ordinances to allow the lots to be replatted with a lot area, a lot width and a front building line less than is typically required per the R-2, Single-family Zoning District. PLANNING COMMISSION ACTION: (DECEMBER 3, 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 also presented a recommendation of approval of the variance request from the Zoning and Subdivision Ordinances to allow the lots to be replatted with a lot area, a lot width and a front building line less than is typically required per the R-2, Single-family Zoning District. There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 9 ayes, 0 noes, 0 absent and 2 open positions. December 3, 2009 ITEM NO.: 4 FILE NO.: S-1636-A NAME: Heights Addition Preliminary Plat LOCATION: Located East of South Ridge Drive, South of Walton Heights Subdivision DEVELOPER: Kenneth Sholimier 6000 Scott Hamilton Drive Little Rock, AR 72209 ENGINEER: The Holloway Firm, Inc. 200 Casey Drive Maumelle, AR 72113 AREA: 16.438 acres NUMBER OF LOTS: 30 FT. NEW STREET: 1341 LF CURRENT ZONING: R-2, Single-family PLANNING DISTRICT: 1 – River Mountain CENSUS TRACT: 42.05 VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: The applicant is requesting preliminary plat approval to allow the development of 16.43 acres with 30 single-family lots and four (4) Tracts. Tract A is proposed as a conservation easement with a nature trail containing 8.0 acres. Tracts B and C are indicated along Southridge Drive containing 0.056 and 0.179 acres and proposed as open space and buffering along the existing street. Tract D is indicated as open space containing 0.46 acres. The subdivision is proposed with lots averaging 0.224 acres with a minimum lot size of 0.164 acres. The subdivision is proposed with an overall density of 1.825 units per acre. A new public cul-de-sac street will be constructed to serve the new homes. The street is indicated with 1,341.39 linear feet with a street width of 25-feet constructed to City standard for a minor residential street. December 3, 2009 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: S-1636-A 2 B. EXISTING CONDITIONS: The site is heavily wooded and appears to contain a significant slope from north to south. The site abuts the Walton Heights Subdivision to the north and to the south an area zoned Open Space. Along the southern boundary the site is adjacent to a City of Little Rock Fire Station, vacant property, an office building, a church and single-family homes located on large lots all in excess of five (5) acres which are accessed from River Mountain Road. Pleasant Ridge Towne Center is located to the south and across Cantrell Road. The Center has developed with a number of retail and restaurant uses. Within the general area are a number of apartments, commercial and office uses located to southeast and southwest of the site, along and across Cantrell Road. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a few informational phone calls from the area property owners. All property owners abutting the site and the Walton Heights Property Owners Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). 2. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 3. Provide the profile of the proposed street showing centerline grade, sight distance, and horizontal radius of the centerline. 4. Provide on the plan the location of area of restricted parking. 5. Measures to control the increase in stormwater runoff from the increased impervious surface should be implemented to not damage adjacent property. 6. Stormwater detention ordinance applies to this property. 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. December 3, 2009 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: S-1636-A 3 8. Provide a letter prepared by a registered engineer certifying the sight distance at the intersections comply with 2004 AASHTO Green Book standards. 9. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 10. Street Improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. 11. Streetlights are required by Section 31-403 of the Little Rock code. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting/certificate of occupancy. Contact Traffic Engineering 379-1813 (Steve Philpott) for more information. 12. Vegetation must be established on disturbed area within 21 days of completion of harvest activities. 13. The proposed median at the entrance should be removed due to the restrictions in the intersection area. If you have any questions, contact Bill Henry in Traffic Engineering at 379-1816. 14. Retaining walls designed to exceed 15 feet in height are required to seek a variance for construction. Provide proposed wall elevations. Prior to construction of the retaining wall, the engineer's certification of design and plans must be submitted to Public Works for approval. After construction, an as-built certification is required for construction of the retaining wall. 15. Plat a no access easement along the south side of Beau Rivage Drive east of the last proposed lot. 16. 100 foot spacing is required between the proposed tangent curves of the street or a variance is required to be requested. 17. A maintenance access easement should be provided from Beau Rivage Drive to the detention ponds for access when maintenance is required. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required with easements for this project. Gravity sewer system required, force main is not acceptable for this project. Contact the Little Wastewater Utility for additional information. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. December 3, 2009 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: S-1636-A 4 Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Please submit plans for water facilities to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities. Approval of plans by Central Arkansas Water, the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection Fire Department: Fire Hydrants will be required. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (November 12, 2009) Mr. Mark Redder was present representing the owner. Staff presented the item to the Committee members stating a plat was reviewed by the Commission at their September 3, 2009, public hearing. Staff stated the previous plat contained variances and the Commission denied the request based on the variance requests. Staff stated they felt the current request was substantially different since the current request did not contain any variance requests. Staff requested Mr. Redder provide a 25-foot front building line on the proposed plat. Staff noted the cover letter indicated the street as a public street but the plat indicated the street as private. Staff requested Mr. Redder revise the general notes section of the plat to indicate the street as a public street. Public Works comments were addressed. Mr. Redder stated the developers were not requesting a variance from the Land Alteration Ordinance to advance grade the site. He stated he would provide the profile of the proposed street showing centerline grade, sight distance and horizontal radius of the centerline. Staff stated 100 foot of spacing was required between the proposed tangent curves of the street. Mr. Redder stated he would correct the plat to provide the required spacing. Staff requested a note be provided on the plat to indicate the December 3, 2009 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: S-1636-A 5 total height of the retaining wall. Staff also requested a maintenance access easement be provided from Beau Rivage Drive to the detention pond area. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised preliminary plat addressing the issues raised at the November 12, 2009, Subdivision Committee meeting. The revised plat provides the profile of the proposed street showing centerline grade, sight distance and horizontal radius of the centerline. The plat has also been revised to allow the proper spacing for the tangent curves of the street. The applicant has indicated the retaining wall will not exceed the height allowed per City ordinance. A letter has been prepared by the engineer certifying the sight distance is adequate at the intersection of the new street and Southridge Drive. The development is proposed as a single-family subdivision containing 30 residential lots and four (4) tracts. Tract A is indicated as a Conservancy Dedication containing 7.563 acres. Tracts B (0.056 acres) and C (0.179 acres) are indicated as open space located along Southridge Drive. Tract D also identified as open space is located on the south side of Beau Rivage Drive and contains 0.46 acres. The plat is indicated with a 25-foot front building line along the new street. A note on the plat indicates side and rear yard setbacks consistent with the Zoning Ordinance for R-2, Single-family zoned property. The lot widths and areas are indicated consistent with the development standards established by the Subdivision Ordinance for R-2, Single-family zoned property. Beau Rivage Drive is indicated as a public street with a centerline grade of 17.6 percent. The Master Street Plan allows for a maximum centerline grade of 16 percent but allows staff to administratively approve a variance in the design standard of up to ten percent. The Master Street Plan states this variance in design standard does not require an amendment to the Master Street Plan. With the administrative variance the street is allowed a maximum centerline grade of 17.6 percent, as proposed by the developer. To staff’s knowledge there are no remaining outstanding technical issues in need of addressing associated with the request. The subdivision is proposed with an overall density of 1.825 units per acre which is consistent with single-family December 3, 2009 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: S-1636-A 6 development per the City’s Future Land Use Plan. The proposed subdivision appears to fully comply with the typical design standards of the City’s ordinances. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. PLANNING COMMISSION ACTION: (DECEMBER 3, 2009) Mr. Mark Redder of the Holloway Firm was present. There were registered objectors present. Staff presented the item with a recommendation of approval. Staff stated the Commission reviewed a plat at their September meeting and denied the request based on the associated variances. Staff stated the current request did not include any variances from the Subdivision Ordinance. Deputy City Attorney Cindy Dawson addressed the Commission. She stated the City Attorney’s office was asked to review the International Building Code with regard to access. She stated it was the opinion of the City Attorney that the development should be allowed access to Southridge Drive. Ms. Dawson also reminded the Commission of the Richardson case stating if the subdivision complied with the City’s Subdivision rules and regulations the Commission had no discretion. Commissioner Smith questioned if the Commission could take safety into consideration. Ms. Dawson stated the Staff had reviewed the proposed entrance drive and determined there was adequate distances to meet ordinance standards. Mr. Mark Reeder addressed the Commission on the merits of the request. He stated the subdivision was being developed in full compliance with the City’s rules and regulations. Mr. John Miller addressed the Commission in opposition of the request. He stated his home was on Bainbridge Drive and he would be directly affected by the proposed subdivision. He stated safety was a concern. He stated the entrance to the new subdivision was in the worst place possible on Southridge Drive. He stated when the street was wet there were a number of persons who missed the curve both up and down hill. He stated the traffic on Southridge was very congested and his concern was the additional traffic would cause problems at the fire station and possibly block their ability to get in and out. He stated he felt the plan a poor plan for the entire Walton Heights Subdivision. Mr. Jim Persell addressed the Commission in opposition of the request. He stated he was an architect by trade and had served on a number of commissions and committees. December 3, 2009 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: S-1636-A 7 He stated just because a development met the ordinances did not mean it was a good plan. He stated the subdivision was not good for the neighborhood. Mr. Steve Reed addressed the Commission in opposition of the request. He stated he was President of the Walton Heights Candlewood Property Owners Association and was speaking for the group. He provided the Commission with a photo of the curve. He stated the neighborhood was disappointed with the City Attorney’s opinion that the development would be allowed access to Southridge Drive. He stated Walton Heights had 465 homes fifteen times to number of homes allowed on a cul-de-sac per the fire code. He provided the Commission with an aerial indicating locations for access to River Mountain Road. He stated with the extension to River Mountain Road this would relieve some traffic on Southridge Drive and allow a second access from the neighborhood. Ms. Ruth Bell addressed the Commission in support of the request. She stated this was not the first plat the Commission had been told they had to support based on Richardson and she did not feel it would be the last. She stated maybe it was time for the Commission to review their Subdivision Ordinance and make changes. Mr. Redder addressed the Commission stating the development was in full compliance with the City’s ordinances. He stated the access to the south did not exist and the developer did not have the ability to obtain the access. He stated the property was located adjacent to a right of way and the developer had the right to access the right of way. The Commission questioned how Walton Heights became a cul-de-sac neighborhood. Staff stated the neighborhood requested the Board of Directors abandon right of way along the western edge which would have provided a future connection to Pinnacle Valley Road and Cantrell Road. There was a general discussion by staff and the Commission concerning the street location and sight distances. Staff stated the developers had prepared a letter certifying the sight distance for the new street based on the posted speed limits of the street. Staff stated the information provided did provide for adequate stopping distances. There was no other discussion of the item. The Chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 8 ayes, 0 noes, 0 absent, 1 abstention (Commissioner Adcock) and 2 open positions. December 3, 2009 ITEM NO.: 5 FILE NO.: S-1642 NAME: Clay Commercial Subdivision Preliminary Plat LOCATION: Located at 13297 I-30 DEVELOPER: Joe Clay 223 Canyon Way Bryant, AR 72022 ENGINEER: The Sentinel Group, LLC 3412 Travis Parkway Bryant, AR 72022 AREA: 66.01 acres NUMBER OF LOTS: 2 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family – Non-conforming Auto race tract PLANNING DISTRICT: 16 – Otter Creek CENSUS TRACT: 41.04 VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: The applicant is requesting preliminary plat approval to allow the creation of two (2) lots from this existing parcel. Lot 1 is proposed containing one (1) acre and Lot 2 containing 65.01 acres. The plat indicates a 25-foot building setback along the street. The lots are proposed to be final platted in two (2) phases with Lot 1 being final platted in the initial phase. B. EXISTING CONDITIONS: The property is the I-30 Speedway. There are a number of uses located in the immediate area including liquor stores, retail businesses, used automobile dealerships all on the south side of I-30, with a large manufactured home park and Pulaski Technical College located on the north side of I-30. Located on the December 3, 2009 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: S-1642 2 eastern edge of the site is a restaurant/bar/grill and on the western edge a business that sells prefabricated storage buildings. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from the area property owners. All property owners abutting the site, the Alexander Road Neighborhood Association and Southwest Little Rock United for Progress were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. All driveways shall be concrete aprons per City Ordinance. 2. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. 3. At the time of development, the stormwater detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required with easements for this project. Contact Little Rock Wastewater Utility for additional information. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: Water is not available from CAW at this time. Please contact CAW for additional information concerning water service to the site. Fire Department: Approved as submitted. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. December 3, 2009 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: S-1642 3 F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (November 12, 2009) Mr. Eric Krebs was present representing the owner. Staff presented the item to the Committee members stating the request was a two (2) lot plat for the I-30 speedway. Staff stated the owner was requesting to final plat the lots in two phases with the smaller one (1) acre parcel final platted first. Staff stated the remaining 65 acre tract containing the speedway would remain unplatted. Staff requested Mr. Krebs provide the two (2) lots on a single plat drawing. Staff also requested the zoning classification be corrected on the plat drawing. Staff stated the current zoning of the property was R-2, Single-family. Public Works comments were addressed. Staff stated any new drives were required as concrete aprons per the City Ordinance. Staff stated at the time of development the stormwater detention ordinance would apply. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised plat to staff addressing the issues raised at the November 12, 2009, Subdivision Committee meeting. The revised plat indicates the zoning as R-2, Single-family and provided the two (2) lots on a single drawing. The request is a preliminary plat to allow the creation of two (2) lots from an existing 66 acre parcel. Lot 1 is proposed containing one (1) acre and Lot 2 containing 65.01 acres. A 25-foot front building line along the frontage road has been provided. Staff recommends the front building line be similar to the front building line typically required in the C-4, Open Display Zoning District or 45-feet. Staff feels the 45-foot building line is more consistent with the existing non-residential uses and potential future uses which will likely locate in the area. The developer has indicated the lots will be final platted in two (2) phases with Lot 1 being final platted in the initial phase. December 3, 2009 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: S-1642 4 Staff is generally supportive of the request. The applicant has indicated the subdivision is being requested to allow Lot 1 to be sold. There are no immediate plans for a change in use of Lot 2, the remaining 65 acre tract. The area is currently zoned R-2, Single-family with a non-conforming status for the race track. To staff’s knowledge there are no remaining outstanding technical issues associated with the request. All future development of the site must comply with the current zoning or a rezoning request approved to allow a change of use. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends the front building line for the lots be placed at 45-feet to be more in keeping with the existing non-residential uses any potential future non-residential uses in the area. PLANNING COMMISSION ACTION: (DECEMBER 3, 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 also presented a recommendation that the front building line for the lots be placed at 45-feet to be more in keeping with the existing non-residential uses any potential future non-residential uses in the area. There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 9 ayes, 0 noes, 0 absent and 2 open positions. December 3, 2009 ITEM NO.: 6 FILE NO.: S-1643 NAME: PPG Subdivision Preliminary Plat LOCATION: Located on the Southeast Corner of Vimy Ridge and Alexander Roads DEVELOPER: PPG Industries, Inc. 11605 Vimy Ridge Road Little Rock, AR 72002 ENGINEER: McClelland Engineers 900 West Markham Street Little Rock, AR 72201 AREA: 36.63 acres NUMBER OF LOTS: 4 FT. NEW STREET: 0 LF CURRENT ZONING: I-3, Industrial District PLANNING DISTRICT: 16 – Otter Creek CENSUS TRACT: 41.04 VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: The request is to subdivide this existing tract owned by PPG Industries, Inc into four (4) lots. The lot sizes range from 4.40 acres to 16.50 acres. Lot 1 is proposed containing 7.48 acres, Lot 2 containing 7.52 acres, Lot 3 containing 16.50 acres and Lot 4 containing 4.40 acres. The developer has indicated the lots will be final platted in phases based on market demand with a single lot in each phase. B. EXISTING CONDITIONS: The area contains a mix of uses including industrial, commercial and residential. South of the site located on Vimy Ridge Road are single-family homes. West of the site are two (2) large manufacturing plants, a convenience store, a residence and a church. East of the site is a utility substation and south of the site is a large maintenance area for Entergy. The railroad splits the northern proposed lot December 3, 2009 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: S-1643 2 from the southern three (3) lots. This area is wooded while the area to the south of the railroad tracts contains the existing manufacturing plant with the remainder of the area cleared of trees. Both Vimy Ridge Road and Alexander Road have not been constructed to Master Street Plan standard adjacent to the site. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from the area property owners. All property owners abutting the site, the Alexander Road Neighborhood Association and Southwest Little Rock United for Progress were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Vimy Ridge Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. 2. Alexander 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. Where a minor arterial street intersects a minor arterial street, the subdivider shall dedicate an additional 10 feet of right-of-way, measured from the centerline of the right-of-way for a right turn lane. This additional right-of-way shall be along the entire Alexander Road frontage to the bridge. 3. At Vimy Ridge Road and Alexander Road, due to the minor arterial-minor arterial intersection, right-of-way shall be dedicated to a radius of 75 feet at the intersection. 4. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to Vimy Ridge Road including 5-foot sidewalks with the planned development. The new back of curb should be located approximately 29.5 feet from centerline. Near the intersection, pavement should be provided for a left turn lane and two (2) thru lanes. 5. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to Alexander Road including 5-foot sidewalks with the planned development. Pavement must be provided for a left turn lane, two (2) thru lanes, and one (1) right turn lane. 6. Obtain a franchise agreement from Public Works (Bennie Nicolo, 371-4818) for the private improvements located in the right-of-way. December 3, 2009 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: S-1643 3 7. Show proposed driveway locations to access the lots. Driveway spacing on minor arterial streets is 300 feet from intersections and other driveways and 150 feet from property lines. All driveways shall be concrete aprons per City Ordinance. 8. Streetlights are required by Section 31-403 of the Little Rock code. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting/certificate of occupancy. Contact Traffic Engineering 379-1813 (Steve Philpott) for more information. 9. Stormwater detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. 10. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 11. 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). 12. A portion of the property appears to be located in the 100 year floodplain. The floodplain boundary should be shown on the survey. 13. Street improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. 14. Coordinate design of traffic signal upgrade if in existence with proposed street improvements. Plans to be forwarded to Traffic Engineering for approval. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Existing sewer mains on site. Easements required for all existing sewer mains. Provide the locations on the proposed preliminary plat. Contact Little Rock Wastewater Utility for additional information. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Please submit plans for water facilities to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures December 3, 2009 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: S-1643 4 for installation of water facilities. Approval of plans by Central Arkansas Water, the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: Approved as submitted. 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: (November 12, 2009) Mr. Kirt Sledge was present representing the owner. Staff presented the item stating there were few outstanding technical issues in need of addressing prior to the item being forwarded to the full Commission. Staff requested Mr. Sledge provide the front building setback on the proposed plat, provide the source of water and the means of wastewater disposal and provide the average size of the lots and the minimum lot size in the general notes section of the proposed plat. Public Works comments were addressed. Staff stated Vimy Ridge and Alexander Roads were classified on the Master Street Plan as minor arterials. Staff stated due to the classifications of the streets a 75 foot radius was required at the intersection. Staff also stated a dedication of 45 feet from centerline was required on both streets. Staff stated an additional ten feet of right of way was required along the entire length of Alexander Road frontage to the bridge. Staff stated the minimum driveway spacing for an arterial street was 300 feet from intersections and 150 feet from property lines. Staff requested Mr. Sledge provide the location of the future drives on the preliminary plat. 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. December 3, 2009 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: S-1643 5 H. ANALYSIS: The applicant submitted a revised preliminary plat to staff addressing the issues raised at the November 12, 2009, Subdivision Committee meeting. The revised plat indicates the front building line per the I-3, Industrial Zoning District or 50-feet. The revised plat also indicates the source of water as Central Arkansas Water and the source of wastewater disposal as the City of Little Rock Wastewater. The average size of the lots is 8.975 acres. The lot sizes range from 4.40 acres to 16.50 acres. Lot 1 contains 7.48 acres, Lot 2 contains 7.52 acres, Lot 3 contains 16.50 acres and Lot 4 contains 4.40 acres. The Zoning Ordinance requires a minimum lot size for I-3, Industrial District zoned property to be a minimum of one (1) acre with a minimum frontage of one hundred fifty (150) feet and a minimum depth of two hundred fifty (250) feet. The lots as proposed meet this requirement. The developer has indicated the lots will be final platted in phases based on market demand with a single lot in each phase. The developer will work with staff at the time of final platting to ensure the boundary street ordinance required street construction is completed in a manner which is logical. To staff’s knowledge there are no remaining outstanding technical issues associated with the request in need of addressing. Staff is supportive of the proposed plat. The plat appears to comply with the development standards established by the City ordinances. Staff does not feel the creation of four (4) industrially zoned lots as proposed for future development will significantly impact the development or the area. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. PLANNING COMMISSION ACTION: (DECEMBER 3, 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. There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 9 ayes, 0 noes, 0 absent and 2 open positions. December 3, 2009 ITEM NO.: 7 FILE NO.: S-1644 NAME: Stagecoach Baseline Preliminary Plat LOCATION: Located on the Northeast Corner of Baseline and Stagecoach Roads DEVELOPER: USA Drug/Super D 2100 Brookwood Drive Little Rock, AR 72202 ENGINEER: White-Daters and Associates #24 Rahling Circle Little Rock, AR 72223 AREA: 3.37 acres NUMBER OF LOTS: 2 FT. NEW STREET: 0 LF CURRENT ZONING: C-3, General Commercial District PLANNING DISTRICT: 16 – Otter Creek CENSUS TRACT: 42.08 VARIANCES/WAIVERS REQUESTED: 1. A variance from the Land Alteration Ordinance to allow advanced grading of Lot 2 with the construction of a building on Lot 1. 2. A waiver of the stormwater detention ordinance requirements. A. PROPOSAL/REQUEST: The property contains 3.37 acres and is located at the northeast corner of Baseline and Stagecoach Roads. The developer wishes to split the property into two (2) lots. USA Drug will retain ownership of Lot 1 and will sell Lot 2. A common access easement for ingress/egress is indicated on the plat. Both developments will utilize a single driveway apron. The request includes a variance from the Land Alteration Ordinance to allow grading of Lot 2 with the construction of a building on Lot 1. The request also includes a waiver of the City’s Stormwater Detention Ordinance requirements. The property is located adjacent to the Fourche Creek. December 3, 2009 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: S-1644 2 B. EXISTING CONDITIONS: The site previously contained two (2) warehouse buildings which have been removed. The intersection of Baseline and Stagecoach Roads contains a number of retail uses including a convenience store with gas pumps, a strip retail center with a multiple uses including a restaurant and vacant C-3, General Commercial District zoned property. The eastern boundary is the Fourche Creek. To the north is an office use. A new Family Dollar Store is currently under construction on Stagecoach Road further south of this site and a site plan for a multi-building multi-phased retail center was recently approved to the southwest of this site on the C-3, General Commercial District zoned property. AHTD recently constructed Stagecoach Road to a four lane road with turn lanes at major intersections. There is not a sidewalk in place adjacent to the site. There is however a marked bike lane. Baseline Road is a two lane road with no sidewalks in place adjacent to the site. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from the area property owners. All property owners abutting the site, the Chateaus on Stagecoach Neighborhood Association, the Otter Creek Homeowners Association and Southwest Little Rock United for Progress were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Baseline Road is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to 55 feet from centerline will be required. Where a principal arterial street intersects a principal arterial street, the subdivider shall dedicate an additional 10 feet of right-of-way, measured from the centerline of the right-of-way for a right turn lane. This additional right-of- way shall be along the entire Baseline Road frontage to the bridge. 2. At Stagecoach and Baseline Roads, due to the principal arterial-principal arterial intersection, right-of-way shall be dedicated to a radius of 75 feet at the intersection. 3. Stagecoach 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. 4. Sidewalks with appropriate handicap ramps are required to be installed along Stagecoach Road in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. December 3, 2009 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: S-1644 3 5. The code requires with site development, construction of one-half street improvement to Baseline Road including a right turn lane and 5-foot sidewalks with the planned development. Due to Baseline Road being a State Highway and controlled by the Arkansas Highway and Transportation Department; the length of the required improvements, its relationship with the bridge and the intersection, staff believes the improvements will not be permitted by the Arkansas Highway and Transportation Department and therefore the improvements cannot be constructed. 6. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 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. 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. Stormwater detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. 10. If disturbed area is one (1) or more acres, obtain a NPDES stormwater permit from the Arkansas Department of Environmental Quality prior to the start of construction. 11. A special Grading Permit for Flood Hazard Areas will be required per Section 8-283 prior to construction. 12. 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. 13. In accordance with Section 31-176, floodway areas must be shown as floodway easements or be dedicated to the public. In addition, a 25 foot wide access easement is required adjacent to the floodway boundary. 14. Due to possible bridge obstructions, provide a letter prepared by a registered engineer certifying the sight distance at the proposed driveway on Baseline Road complies with 2004 AASHTO Green Book standards. 15. Obtain permits prior to doing any street cuts or curb cuts. Obtain barricade permit prior to doing any work in the right-of-way. Contact Traffic Engineering at (501) 379-1805 (Travis Herbner) for more information. 16. Obtain a franchise agreement from Public Works (Bennie Nicolo, 371-4818) for the private improvements located in the right-of-way. December 3, 2009 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: S-1644 4 E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available for this property on the west side of Stagecoach Road. Contact Little Rock Wastewater Utility for additional information. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. A Capitol Investment Charge is applicable to all connections off the waterlines along Hwy 5. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer's expense. Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. Fire Department: Approved as submitted. 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: (November 12, 2009) The applicant was not present. Staff presented the item stating there were few outstanding technical issues in need of addressing prior to the Commission acting on the request. Public Works staff noted the applicant would be required to work with AHTD on the allowable street improvements at the intersection of Baseline and Stagecoach Roads. Staff stated the improvements indicated were per the Master Street Plan and with the location of the existing bridge on December 3, 2009 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: S-1644 5 Baseline Road staff was not sure AHTD would allow the improvements as indicated. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: There were no outstanding technical issues in need of addressing raised at the November 12, 2009, Subdivision Committee meeting. The applicant is seeking preliminary plat approval to allow two (2) commercial lots from this 3.37 acre tract. Lot 1 is indicated containing 1.92 acres and Lot 2 containing 1.46 acres. The property is zoned C-3, General Commercial District which requires a minimum lot area of 14,000 square feet. The lot widths proposed exceed the typical minimum lot width of the Zoning District of 100 feet. Lot 2 is indicated with a lot width of approximately 175 feet. Lot 1 is indicated with over 300 feet of frontage on both Baseline and Stagecoach Roads. The plat is indicated with a 45-foot front building line along the abutting roadways. The Zoning District typically requires the placement of a 25-foot front building line. Staff does not support an in-lieu payment for stormwater detention. Recently, staff has not supported detention variances from two (2) developments and preliminary plats upstream of this site on Fourche Creek. Those locations were on the southeast corner of Otter Creek Road and Stagecoach Road and on the southeast corner of Baseline and Stagecoach Roads. The site is in the upper portion of the Fourche Creek watershed in relation to the City of Little Rock. Public Works receives a number of drainage complaints along Fourche Creek. Staff believes stormwater detention should be provided on site. Staff is supportive of the preliminary plat request but not of the request for the in-lieu payment for stormwater detention. The proposed plat appears to comply with the development standards of the Subdivision Ordinance and the C-3, General Commercial Zoning District. To staff’s knowledge there are no remaining outstanding technical issues associated with the request. Staff feels the creation of two (2) commercial lots on the site will not adversely 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. Staff recommends stormwater detention be provided on the site. December 3, 2009 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: S-1644 6 PLANNING COMMISSION ACTION: (DECEMBER 3, 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 also presented a recommendation that stormwater detention be provided on the site. There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 9 ayes, 0 noes, 0 absent and 2 open positions. December 3, 2009 ITEM NO.: 8 FILE NO.: Z-2326-C NAME: G & S Insulating Revised Short-form PCD LOCATION: Located at 6620 South University Avenue DEVELOPER: Jeronimo Insulating, LLC 6620 South University Avenue Little Rock, AR 72209 SURVEYOR: Brooks Surveying, Inc. 20820 Arch Street Pike Hensley, AR 72065 ARCHITECT: Terry Burruss Architects 614 Center Street Little Rock, AR 72201 AREA: 1.96 acres NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF CURRENT ZONING: PCD PROPOSED USE: Office Warehouse – Contractors Storage Yard and Single-family PROPOSED ZONING: Revised PCD PROPOSED USE: Restaurant, 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 December 3, 2009 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-2326-C 2 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. 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 for 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. Ordinance No. 20,129 adopted by the Little Rock Board of Directors on July 7, 2009, established a short-form PCD titled G & S Insulation PCD. The approval allowed a portion of two tracts to be rezoned to PCD with an area 109.19 feet by 140-feet to remain zoned R-2, Single-family. The plan indicated the single-family area separate from the commercial area with access from Mabelvale Pike. There were two (2) existing buildings, a warehouse containing 5,000 square feet and a retail building containing 11,700 square feet. The paving on the site was from the north property line to within five (5) feet of the south property line. The proposal included 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. The approval allowed for C-4, Open Display District uses as allowable alternate uses for the property. The proposed use of the property was to match the parking available on the site. A. PROPOSAL/REQUEST: The applicant is now proposing a revision to the previously approved PCD to add a restaurant as an allowable use to the site. The restaurant will be 2,500 square feet located within the retail building along South University Avenue. The hours of operation are from 10 am to 10 pm Sunday through Thursday and from 10 am to 11 pm Friday and Saturday. There are no other modifications proposed to the previously approved PCD. The Bill of Assurance for the subdivision does not address use of the property. 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 Crain Chevrolet. A fence has been installed along the rear of Tract 1 and the Tract 2 area is vacant. The applicant is currently making improvements to the interior of the building. December 3, 2009 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-2326-C 3 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. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents. Southwest Little Rock United for Progress, Upper Baseline Neighborhood Association and several area residents have called indication opposition to the request. 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 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. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). 6. 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. December 3, 2009 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-2326-C 4 E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: No objection to food service being added. 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. AT & T: No comment received. Fire Department: Approved as submitted. County Planning: No comment. CATA: The rear of the site abutting Mabelvale Pike is located on CATA Bus Route #17 – the Mabelvale-Downtown Route. 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 revised Planned Commercial Development to add a restaurant as an allowable use on the site. This area is shown as Commercial fronting University Avenue and Residential Low Density backing up to Mabelvale Pike. The original PCD for this property allowed for a residential strip facing Mabelvale Pike with the commercial uses only allowed in the area closer to University Avenue, this will not change with this revision. The proposed uses are consistent with the Land Use Plan. December 3, 2009 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-2326-C 5 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 University Avenue since it is a Principal Arterial. Mabelvale Pike is a Collector. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes in the immediate vicinity. Neighborhood Action Plan: This area is covered by the 65th Street West Neighborhood Plan. Their 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: All previous comment apply to any new development of the site. G. SUBDIVISION COMMITTEE COMMENT: (November 12, 2009) Mr. Terry Burruss was present representing the owner. Staff presented an overview of the request stating the previous application request did not include multiple uses for the site. Staff noted C-4, Open Display District uses were approved as alternative uses for the site. Staff stated the request was to allow a restaurant within the existing building in addition to the office/warehouse activities. Staff noted the use of the property was a restaurant and not a bar. Staff stated the hours of operation requested were from 10 am to 10 pm Sunday through Thursday and from 10 am to 11 pm on Friday and Saturday. The Commission questioned Mr. Burruss as to the time frame for construction of the new building and improvements. Mr. Burruss stated the new construction and improvements were on hold in the short-term and were anticipated to begin within the year. He stated the current economic climate had caused the owner to hold off on plans for new construction. Public Works stated the comments listed were the same as were previously identified. Staff stated with the new development the indicated improvements would be required. Landscaping comments were addressed. Staff stated also with the new development the previously identified conditions would be required. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. There was no further December 3, 2009 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-2326-C 6 discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: There were no outstanding technical issues in need of addressing raised at the November 12, 2009, Subdivision Committee meeting. The request is add a restaurant use to the existing approved use mix of the property. The previous approval allowed for office/warehouse activities on the site and C-4, Open Display District uses as allowable alternative uses for the property. The approval indicated the allowable uses were to match the parking available on the site. The approval did not allow multiple uses on the site. The site plan is indicated with 42 parking spaces. Based on the typical minimum parking requirements for the restaurant use and the office/warehouse use a total of 46 parking spaces is required (25-restaurant, 21-office/warehouse). Staff supports the request. Staff does not feel the lesser number of parking spaces will significantly impact the development or the area. The business has little to no customer traffic to the site and a limited number of employees. In addition, the new construction will be used to house service vehicles for the company reducing the number of surface parking spaces required. Should additional parking become necessary there is adequate area on the site to provide the four (4) additional parking spaces typically required. Signage for the development 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 with a maximum of ten (10) percent of the façade area for facades with public street frontage. There are no other modifications proposed to the previously approved site plan or use mix. Staff is supportive of the request. The previous approval allowed for C-4, Open Display District uses as allowable alternative uses for the property but did not specify multiple uses for the property. The use of the property is restaurant use with limited hours of operation closing no later than 11 pm on Friday and Saturday evenings. A restaurant is an allowable use under the C-4, Open Display District zoning classification. To staff’s knowledge there are no outstanding technical issues associated with the request. Staff feels the addition of a restaurant use to the property is appropriate. 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 and all conditions as identified in the previous approval. December 3, 2009 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-2326-C 7 PLANNING COMMISSION ACTION: (DECEMBER 3, 2009) Mr. Terry Burruss was present representing the owner. There were registered objectors present. Staff presented the item with a recommendation of approval. Mr. Terry Burruss addressed the Commission on behalf of the owner. He stated the owner was trying to maximize revenues during this time of economic downturn. He stated in the initial application the developers intended to remove an existing building and use the site as in office/warehouse for his insulating business. He stated since the turn in the economy those plan had been put on hold and he was now requesting to be allowed a small restaurant on the site. He stated the seating capacity would be 50 to 60 persons. He stated the restaurant would be located within the former showroom area of the once used automobile dealership. Ms. Pat Gee addressed the Commission in opposition. She stated she was President of the Upper Baseline Neighborhood Association and Vice President of Southwest Little Rock United for Progress. She stated both had voted to oppose the request for a restaurant on this site. She stated the concerns were traffic and noise. She stated the neighborhood did not feel the use of the property as a restaurant was a good fit for the area. Mr. John Honea addressed the Commission in opposition of the request. He stated he was President of South Brookwood/Ponderosa Neighborhood Association which had voted to oppose the request. He stated the neighborhood felt mislead by the applicant because when the original request was made the association specifically asked if there would be any other activities taking place on the site. He stated Mr. Burruss stated there would not. Only the insulation business. He stated the neighborhood felt this was not a good location for a restaurant. He stated with the placement of the restaurant this was only the first step to allowing a private club. Mr. Burruss stated he did tell the association at the time the owner did not desire to use the property for anything other than his insulation business. He stated things had changed. He stated the economy was such that the owner was looking for an additional source of revenue and also a place for employment for a few family members. He stated the approval allowed for C-4 uses as alternative uses for the property. He stated the issue was there were not multiple uses approved for the site. He stated the area was a commercial area and felt a restaurant was a good fit. He stated the developers were not adding any paved area but utilizing the existing on-site paving. Commissioner Adcock questioned if there would be a dance floor. Mr. Burruss stated no. She questioned access. Mr. Burruss stated the only access was from South University Avenue. She questioned additional lighting. Mr. Burruss stated the only additional lighting December 3, 2009 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-2326-C 8 would be what was necessary to provide ingress and egress from the building. She questioned if the site would be used as an events center or allowed for rental. He stated no. There was a general discussion by the Commission as to the use not being a fit for the area. The Commissioners noted there were several locations on South University Avenue which were vacant and zoned for a restaurant use. The Commissioners indicated they felt the reuse of a property was better than a vacant property. Commissioner Adcock stated the area had been working to secure quality developments for the area. She stated a use verses a viable use were two different things. There was no further discussion of the item. The Chair entertained a motion for approval of the item as recommended by staff. The motion carried by a vote of 7 ayes, 2 noes, 0 absent and 2 open positions. December 3, 2009 ITEM NO.: 9 FILE NO.: Z-4473-D NAME: Kavanaugh Place Revised Short-form PCD LOCATION: Located at 2701 Kavanaugh Boulevard DEVELOPER: Kelley Johnson Hillcrest Properties, Inc. 2701 Kavanaugh Boulevard, Suite 202 Little Rock, AR 72205 SURVEYOR: Brooks Surveying 20820 Arch Street Pike Hensley, AR 72065 ARCHITECT: Scott Smith Smith Associates Architects 2701 Kavanaugh Boulevard, Suite 208 Little Rock, AR 72205 AREA: 0.507+ acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: PCD ALLOWED USES: Mixed Use – Retail, Restaurant, Office PROPOSED ZONING: Revised PCD PROPOSED USE: Mixed Use – Increase the allowable Restaurant Square Footage VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: Ordinance No. 14,928 adopted by the Little Rock Board of Directors on August 6, 1985, rezoned the site from C-4, Open Display District and R-2, Single-family District to PCD. The approval allowed the existing structures to be used as office and retail uses. The site December 3, 2009 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-4473-D 2 contained 12,894 square feet of leasable space with eight (8) leasable units proposed. The request was to allow 6,411 square feet of retail space and 6,483 square feet of office space. The site contained 39 parking spaces. A letter in the file indicates the total square footage of the building was increased with the addition of a third floor. The square footage was increased to 13,398 square feet. The retail portion was increased to 6,698 square feet and 6,700 square feet of office space. On August 25, 1992, the Planning Commission approved a request to add a food service establishment in Suite 107. The type of food service was an espresso coffee shop. A note on the file indicates the City Attorney’s Office reported that it was their opinion that staff could have approved the addition of the food service to the site without Planning Commission approval. The note states however, since the item had been sensitive in the past the Planning Commission review was appropriate. Planning staff and the City Attorney staff agreed that the Board of Directors was not required to approve the action. Ordinance No. 16,038 adopted by the Little Rock Board of Directors on April 16, 1991, allowed a revision to the PCD. The revision was to allow a food service establishment in the corner building and use of the immediate area above the video store on the second floor of the main building for a family video rental store. The restaurant was to have a seating capacity of 20 patrons. A. PROPOSAL/REQUEST: The applicant is now proposing a revision to the previously approved PCD to add additional square footage for restaurant use to the site. The former video user has vacated the site. The video user occupied approximately 1,957 square feet on the second floor and 1,837 square feet on the first floor. The applicant is requesting to utilize the first floor square footage (1,837 square feet) and an additional 587 square feet which was formerly a gift shop to be marketed to a bakery and coffee shop (2,424 square feet total). The applicant has indicated the bakery will be primarily a take-out business and the coffee shop will have a small seating area and/or lounge seating where customers can sample their coffees. The coffee business will sell packaged, fresh roasted and fresh ground coffees, and is secondary to the bakery. With the request the owner has indicated the allowed retail located on the second floor (1,957 square feet) will be returned to office uses. The site currently contains two (2) commercial buildings and 38 parking spaces. The site has 60 linear feet of street frontage and is allowed per the Hillcrest Design Overlay District credit for six (6) on-street parking spaces for a total of 44 available parking spaces. The main building contains 14,385 square feet and currently houses a restaurant containing 2,867 square feet (Café Bossa Nova), 1,000 square feet occupied by a tanning salon and 2,424 square feet vacant space on the first floor with the remaining floors either vacant space or office space. The second building contains 1,340 square feet and is presently a restaurant use. December 3, 2009 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-4473-D 3 The square footage of the uses and the total parking requirements per the Hillcrest Design Overlay District are as follows: 5,291 square feet 1st floor Restaurant/Baker 26 spaces 1,000 square feet 1st floor Tanning Salon 1 spaces 8,094 square feet 2nd/3rd floors Office 10 spaces 1,340 square feet 1st/2nd floor Pizza restaurant 6 spaces Total 43 spaces According to the Pulaski County Circuit/County Clerk’s Web Page the Bill of Assurances for Pulaski Heights Addition were filed beginning in 1904. The applicant provided with the application request a Bill of Assurance for the Replat of Lots 1 – 3, Block 21 Pulaski Heights Addition dated November 12, 1985. The Bill of Assurance provided does not address the issue of use of the property. B. EXISTING CONDITIONS: The property is located in the heart of the Hillcrest Neighborhood with retail uses located to the north and to the east of the site and residential uses located to the south. The structures located on Beechwood Street located to the west are retail and office uses. The structures on Ash Street located to the south are residential uses. Other uses in the area include a grocery store, US Post Office, an auto repair shop, a number of restaurants and office uses. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a few informational phone calls from the area property owners. All property owners located within 200-feet of the site, all residents, who could be identified, located within 300 feet of the site and the Hillcrest Residents Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: No comment. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: No comment received. December 3, 2009 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-4473-D 4 Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: No comment. Fire Department: No comment. County Planning: No comment. CATA: The site is located on CATA Bus Route #1 – the Pulaski Height Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Heights Hillcrest Planning District. The Land Use Plan shows Commercial for this property. The applicant has applied for a revised PCD. The uses proposed with the Planned Commercial Development are consistent with the Commercial land use category. Master Street Plan: Kavanaugh Boulevard is a Collector. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. The street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class III bike route is shown along Kavanaugh Boulevard. A Class III bikeway is a signed route on a street shared with traffic. No additional paving or right-of-way is required. Class III bicycle route signage may be required. Neighborhood Action Plan: This area is covered by the Hillcrest Neighborhood Plan. Their zoning and land use goal states: “More mixed-use opportunities should be provided within the commercial areas, including parts of Kavanaugh Boulevard, Markham Street and Stifft Station. Mixed-use means more opportunities for residential over commercial in existing commercial areas.” Landscape: No comment on the change in use. G. SUBDIVISION COMMITTEE COMMENT: (November 12, 2009) The applicant was not present. Staff presented the item stating there were no outstanding technical issues in need of addressing related to the site. Staff stated the request was to change the use mix allowed on the site and increase the total square footage of restaurant use allowed. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. December 3, 2009 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-4473-D 5 H. ANALYSIS: There were no outstanding technical issues in need of addressing raised at the November 12, 2009, Subdivision Committee meeting. The request is to revise the PCD to allow additional restaurant square footage for the main structure. The building contains 6,291 square feet on the first floor with 8,094 square feet on the second and third floors. A total of 5,291 square feet of restaurant space is proposed on the first floor with the remaining two levels being leased for office space. The site is located within the Hillcrest Design Overlay District. The Overlay states parking requirements within the District shall be fifty (50) percent of that required by Article VIII of the Zoning Ordinance. The maximum parking allowed for the District shall be the minimum standard established. Where on-street parking is allowed credit toward the parking requirements at a rate of one (1) space per ten (10) linear feet of street frontage is allowed. Based on the proposed use mix a total of 43 parking spaces is required to serve the site. There are 38 on-site parking spaces and per the Overlay the site is given credit for six (6) on-street parking spaces. The parking provided is adequate to serve the proposed use mix of the development. There are no modifications proposed to the site including building layout or parking. No new signage or lighting is proposed for the development. Staff is supportive of the request. Although the immediate use of the property is a bakery/coffee shop the parking requirements for this use per the Ordinance are the same as a full-scale restaurant use. The site has adequate parking to serve the use mix proposed per the Hillcrest Design Overlay District. To staff’s knowledge there are no outstanding technical issues associated with the request in need of addressing. Staff does not feel the applicant’s proposed change to add additional square footage for restaurant use will significantly impact the area. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. PLANNING COMMISSION ACTION: (DECEMBER 3, 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. There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 9 ayes, 0 noes, 0 absent and 2 open positions. December 3, 2009 ITEM NO.: 10 FILE NO.: Z-5984-B NAME: 5201 Jerry Drive and Lot 4 Hoggard’s Addition Short-form POD LOCATION: Located at 5201 Jerry Drive DEVELOPER: IBC, LLC and MC Investments LLC 116 N. First Street Jacksonville, AR 72076 ENGINEER: Thomas Engineering Company 3810 Lookout North Little Rock, AR 72116 AREA: 0.87 acres NUMBER OF LOTS: 1 Zoning Lot FT. NEW STREET: 0 LF CURRENT ZONING: POD ALLOWED USES: Office PROPOSED ZONING: Revised POD PROPOSED USE: Real Estate Office, Financial Planning, General and Professional Office VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: An application was filed for the June 27, 1995, Planning Commission public hearing to allow a Conditional Use Permit for the site to allow the residential structure to convert to a private school serving 20 students with a staff of six (6). During the review process it was determined the proposed use of the property was in conflict with the Bill of Assurance for the subdivision. The applicant was unable to resolve the Bill of Assurance issues and the request was withdrawn prior to the Commission acting on the request. Ordinance No. 17,932 adopted by the Little Rock Board of Directors on February 16, 1999, rezoned the site from R-2, Single-family to PD-O. The approval allowed the use of the existing structure as a real estate office. No exterior changes to the structure December 3, 2009 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-5984-B 2 were proposed; only interior modifications. A new parking area containing five (5) parking spaces was proposed between the building and Jerry Drive with an additional five (5) parking spaces on the east side (rear) of the building. A single drive from Jerry Drive was approved. On the approved plan a vacant area on the south side of the parking and drive was indicated. The applicant noted the area was reserved for future construction of an office building similar in size to the existing structure. The approval stated at the time of development a site plan would be required for review and approval as a modification to the PD-O. The approved office hours of operation were from 8:00 am to 6:00 pm Monday through Friday with a staff person in the office from 9:00 am to 5:00 pm on Saturday and 1:00 pm to 5:00 pm on Sunday to answer the phones. A. PROPOSAL/REQUEST: The applicant is seeking approval of a revised PD-O to provide the required site plan for the southern lot. The site contains two lots with approximately 38,000 square feet of total lot area. The site plan indicates the construction of a new single-story building on the southern lot containing 4,000 square feet. The existing structure contains approximately 2,050 square feet. The site plan indicates the construction of fourteen (14) new parking spaces. The existing development contains eight (8) parking spaces for a total of twenty-two (22) spaces. The Bill of Assurance for the Subdivision is dated November 1958, and states The Covenants and restriction are to run with the land and shall be binding upon all parties and all persons claiming under then until January 1, 1999, at which time said covenants and restrictions shall terminate unless a majority in area of then owners of the lots in said addition agree in writing to extend said covenants and restrictions either in whole or in part. The original covenants prohibited the use of the property for any use other than single-family. It does not appear the covenants were extended. B. EXISTING CONDITIONS: The site contains an existing one-story structure with approximately 2,000 square feet currently being used as a real estate office. There is vegetation located along the eastern property line. A church is located across Jerry Drive to the west, with single-family residences to the south and east. The back yards of the Westbury Subdivision abut this site. A branch bank facility is located immediately north of the site, with other commercial uses located along Cantrell Road. December 3, 2009 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-5984-B 3 Jerry Drive is a residential street recently resurfaced by the City. There is not a sidewalk in place adjacent to this site. There is a second drive located from Jerry Drive to the southern lot which contains a large graveled parking area. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a few informational phone calls from the area property owners. All property owners located within 200-feet of the site, all residents, who could be identified, located within 300 feet of the site, the Coalition of West Little Rock Neighborhoods, the Secluded Hills Property Owners Association and the Westbury Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The lots must share a single driveway. The proposed driveway on the south cannot be installed. The width of driveway must not exceed 36 feet. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. A 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. Contact Central Arkansas Water regarding the size and location of the water meter. 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: Fire hydrants will be required. Contact the Little Rock Fire Department for additional information. December 3, 2009 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-5984-B 4 County Planning: No comment. CATA: The site is located near CATA Bus Route #25 – the Highway 10 Express Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the River Mountain Planning District. The Land Use Plan shows Suburban Office for this property. The applicant has applied for a Planned Office Development. The Suburban Office land use category requires a Planned Development. The proposed land uses in the Planned Development are consistent with the Suburban Office Category. Master Street Plan: Jerry Drive is a Local Street on the Master Street Plan. 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. The street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes along Jerry Drive. Neighborhood Action Plan: This area is covered by the River Mountain Neighborhood Plan, but the Plan does not have any recommendations relevant to this request. Landscape: 1. Site plan must comply with the City’s minimal landscape and buffer ordinance requirements. 2. The zoning buffer ordinance requires a nine foot (9’) wide land use buffer around the southern and eastern perimeters of the site; next to the residentially zoned property. Seventy percent (70%) of this area must remain undisturbed. 3. The landscape ordinance requires a nine foot (9’) wide landscape strip around the sites entirety. A portion of the proposed/existing driveway encroaches into this minimal area. A variance from this minimal amount must be obtained from the City Beautiful Commission prior to the issuance of a building permit. December 3, 2009 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-5984-B 5 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 southern, and eastern perimeters of the site. Credit towards fulfilling this requirement can be given for existing trees and undergrowth that satisfies this year-around requirement. 5. Areas set aside for buffers and landscaping appear to meet with minimal City requirements. G. SUBDIVISION COMMITTEE COMMENT: (November 12, 2009) Mr. David Carpenter was present representing the request. Staff presented the item stating the property was zoned PD-O to allow for the use of the existing building as a real estate office and indicated this lot for future development. Staff stated the previous approval did not include a site plan and was required review by the Commission and Board of Directors prior to development. Staff questioned the rear access drive located on the southern lot. Staff stated they had concerns with allowing activity in this area due to the proximity of the homes in Westbury. Staff questioned the days and hours of operation. Staff provided Mr. Carpenter with the previously approved hours of operation. Mr. Carpenter stated he felt the hours would vary slightly from the previous approval. Staff requested he provide the revised hours in an updated cover letter. Staff questioned the purpose of the wood deck located on the northern lot. Mr. Carpenter stated he was not sure but he felt the current owners used the deck to allow employees outdoor seating for lunch or an area to take a break and get out of the office. Staff stated the adjacent church had called and requested no outdoor activities such as lawn care take place during worship hours. Mr. Carpenter stated this would not be an issue. Public Works comments were addressed. Staff stated the drives did not match the minimum spacing requirements of the Master Street Plan or the Subdivision Ordinance. Staff stated the lots should share a drive and the southern drive be removed. Commissioner Laha stated he did not agree with Public Works on this comment. He stated there were two existing platted lots and he felt the owner was due right of access. Landscaping comments were addressed. Staff stated screening was required along the southern and eastern perimeters. Staff stated a portion of the eastern drive encroached into the minimum landscape buffer strip. Staff stated any new drive construction within the buffer area would require a variance from City Beautiful Commission. December 3, 2009 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-5984-B 6 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. Carpenter submitted a revised site plan to staff addressing issues raised at the November 12, 2009, Subdivision Committee meeting. The revised plan has removed the driveway from the rear of the building, removed the southern driveway on Jerry Drive and eliminated the encroachment within the eastern buffer of the existing and proposed paving. The previous approval allowed for future development of the southern lot with an office use. The applicant is proposing the construction of a 4,000 square foot office building to be used as a real estate office and administrative offices for Flis Enterprises, Inc., a Burger King Franchisee. Flis Enterprises, Inc. occasionally stores small restaurant equipment items such as coffee makers or drink machines within the building. Staff is supportive of allowing a limited amount of this type storage but does not support this site becoming an office/warehouse facility. The site plan indicates a drive located on the southern perimeter of the site to allow a side access to the rear of the building for the purpose of moving these small items in and out of the building. The request includes general and professional office uses as alternate uses for the southern building. The northern building is proposed as a financial advisory office with general and professional office uses as allowable alternate uses for the building. The days and hours of operation proposed for the site are from 7:00 am to 8:00 pm Monday through Friday, 9:00 am to 6:00 pm Saturday and 1:00 to 5:00 pm on Sunday. The justification for the extended hours of operation are many of the clients of the financial planner cannot come into the office until after their work hours, which is often 5:00 pm. The volume of traffic is minimum and typically only one to two clients at a time. The site plan indicates the placement of a single dumpster on the site located near the eastern perimeter. The applicant has limited the hours of service to Monday through Friday during daylight hours. The applicant has indicated lawn service will also be limited to daylight hours but may include Saturday service if necessary. December 3, 2009 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-5984-B 7 The existing structure contains approximately 2,050 square feet and the new structure is proposed containing 4,000 square feet. The typical minimum parking required for an office development of this size would be 15 parking spaces. The site plan is indicated with 26 spaces. There are two signs indicated on the site plan. The existing sign located on the northern lot and a future sign to serve the southern lot. The signage requested is consistent with signage allowed in office zones or a maximum of six feet in height and sixty-four square feet in area. Building signage will also comply with signage allowed in office zones or no more than ten percent of the façade area abutting the public street. The plan indicates a land use buffer along the southern and eastern perimeters of nine feet. The street buffer is proposed at 9.45 feet. The applicant has indicated the existing paving encroachment will be removed from the buffer area and any future paving will not be constructed within the buffer area. The entirety of the eastern land use buffer is located within a 10-foot sewer, utility and drainage easement. The buffer ordinance typically does not allow easements to count in computing the depth of the land use buffer in developments abutting single-family or two-family zoned or used property. A screening fence is proposed along the eastern perimeter. The fence is proposed as a wooden privacy fence six feet in height. Staff is supportive of the request and the allowance of the land use buffer to be contained within the easement. The previous approval allowed for the land use buffer to be within the easement and this does not appear to have impacted the adjoining properties. Staff recommends the applicant work with the Plans Development Administrator within the Planning Department to select plant materials that can be planted within the easement. Otherwise to staff’s knowledge there are no remaining outstanding technical issues associated with the request. Staff feels the development of the site with the single story office building should have minimal impact on the adjoining properties. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends approval of the allowance of the eastern land use buffer to be within the drainage and utility easement. December 3, 2009 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-5984-B 8 PLANNING COMMISSION ACTION: (DECEMBER 3, 2009) The applicant was present. There were registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff also presented a recommendation to allow the eastern land use buffer to be within the drainage and utility easement. Mr. David Carpenter addressed the Commission as the applicant. He stated he did not have anything additional to add to the staff presentation. He stated the developers had worked with staff to modify the plan to address staff’s concerns. He stated the development was complying with the staff recommendations. He requested to reserve his remaining time for rebuttal. Mr. Howard Ostendorft addressed the Commission in opposition of the request. He stated he was the president of the Westbury Neighborhood Association and was speaking on behalf of the association in opposition of the request. He stated the neighborhood had voted unanimously to oppose the request. He presented the Commission with a petition representing 26 households within the neighborhood opposed to the request. He stated the neighborhood was requesting the property be rezoned to residential and remove the commercial development potential for the site but understood this was not an option. He stated a six-foot fence was not acceptable. He stated a six-foot fence would not offer any security to the adjacent homes. He stated the existing buffer would be removed to add the fence along the property line. He stated the neighborhood was also concerned with lighting, noise and the increase in traffic. He stated the lot located to the south of the commercial area was a wooded residential lot. He stated the residents located behind Bank of America were impacted because of the noise from the ATM and the lighting from the bank site. He stated the neighborhood had concerns with the placement of a dumpster on the property line. He stated dumpsters typically attracted rodents which would become a nuisance to the neighborhood. Mr. Carpenter addressed the Commission stating the building was proposed as a brick building constructed in a residential style. He stated there would be no pole lighting on the site. He stated the site lighting would be no more than a typical residential home. He stated a portion of the buffer would be removed to allow the fence to be installed. He stated all the hardwoods would be saved during the development of the site. He stated the developers did not desire to place an eight-foot fence on the property line unless this was a requirement of all developments within the City. He stated the office would not generate a great deal of trash and there would be no food trash produced from the site unless it was someone’s left over lunch. December 3, 2009 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-5984-B 9 There was a general discussion by the Commission concerning the fencing and fence heights. Mr. Carpenter stated the buffer and screening ordinance required the placement of a six foot fence on the property line. Mr. Carpenter stated he did not desire to place a taller fence unless this was a requirement of all developments. The Commission questioned the cost per square foot of the new office building. Mr. Carpenter stated the cost was approximately $186.00 per square foot. The Commission questioned site lighting. Mr. Carpenter stated no pole lighting would be located on the site. The Commission questioned if the hours of dumpster service were limited. Mr. Carpenter stated the hours of dumpster service were limited to daylight hours Monday through Friday. There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 7 ayes, 2 noes, 0 absent and 2 open positions. December 3, 2009 ITEM NO.: 11 FILE NO.: Z-6120-P NAME: Governor’s Manor Revised PD-R LOCATION: Located at Rushmore Avenue and Capitol Hills Boulevard DEVELOPER: Accountable Property Management Corp c/o Ted Upshaw 11523 Kanis Road, Suite A Little Rock, AR 72211 ENGINEER: White Daters and Associates #24 Rahling Circle Little Rock, AR 72223 AREA: 9.120 acres NUMBER OF LOTS: 45 FT. NEW STREET: 0 LF CURRENT ZONING: PD-R ALLOWED USES: Single-family PROPOSED ZONING: PD-R PROPOSED USE: Single-family – Modify previous specifics of the PD-R which include roof pitch, fencing materials, reduce the minimum square footage of the homes, remove the perimeter fencing requirement VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: The Little Rock Planning Commission reviewed a proposed preliminary plat application for the site at their April 22, 2004, Public Hearing. The Commission made a recommendation of approval of the proposed preliminary plat, which was then forwarded to the Little Rock Board of Directors for final action on September 7, 2004. The Little Rock Board of Directors denied the requested variances for the proposed preliminary plat and suggested the applicant refile the request as a PD-R through the planned development process. December 3, 2009 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-6120-P 2 Ordinance No. 19,261 adopted by the Little Rock Board of Directors on January 4, 2005, rezoned the site from R-2, Single-family to PD-R and established Governors Manor Long-form PD-R. The approval allowed the subdivision of the 9.12-acre site into 45 single-family lots. The request resulted in a density of 4.9 units per acre. There were several variances from the Subdivision Ordinance approved as a part of the development which included reduced front building lines, reduced lot depths, reduced lot widths on several of the proposed lots and reduced minimum lot square footages. The subdivision was designed as a gated community but the gates would not be installed at the time of development. The development was approved with the average size of the lots as 50-feet by 90-feet. The lots were designed to accommodate “patio” or “garden style” homes with smaller yards. Buildable areas on the lots ranged from approximately 4,600 to 2,150 square feet with the smallest allowable residence to be 1,600 square feet. The lots were approved with a 12.5-foot front building line, 5-foot side yard setbacks and 10-foot rear yard setbacks. Each lot would have a minimum of 1,600 square feet of private open space. The improvement plan indicated the location of the improvements on the lots, along with any driveways or sidewalks, to ensure adequate views and privacy within the subdivision. Only one detached single-family residence not to exceed two and one-half stories in height would be placed on any lot. All residences less than 3,000 square feet would have a minimum roof pitch of 10/12 and those greater than 3,000 square feet would have a minimum roof pitch of 8/12. All roofs were to have architectural shingles. All exteriors were to be 100 percent brick, dryvit or rock to the facia, with siding being permitted above the facia. Each lot would be allowed one accessory structure. The accessory structure would be of an architectural design and exterior finish in harmony with the residence and general surroundings. The accessory structures were not to exceed the height or floor area of the principal dwelling. No prefabricated structures or metal buildings would be permitted as accessory structures. The owner was to install a six foot tall wrought iron fence along all lot lines which abutted Capitol Hills Boulevard and the Oasis Renewal Center, specifically the side lot line of Lots 1, 45, 37, 36, 29, and 28; which were adjacent to Capitol Hills Boulevard, and the rear lot line of Lots 9 through 28; which were adjacent to the Oasis Renewal Center. Lot owners would not be allowed to remove or install any other fencing along these lot lines where the Developer installed the wrought iron fencing. All privacy fences installed by the lot owner were to be six feet in height and 100 percent cedar wood. No chain link or similar fence would be used under any circumstances. Any retaining walls were to be constructed of 100 percent brick, brick or stucco material. December 3, 2009 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-6120-P 3 The Property Owners Association would be responsible for maintaining the wrought iron fencing installed by the Developer. The areas designated on the plat as Pennsylvania Court, Governors Cove, Pennsylvania Avenue, the entrance and exit gates to the property, all related landscaping islands and related structures and all improvements were to be maintained by the Property Owners Association. The open space and Lake Governor were to be maintained by the owners of lots in the proposed subdivision in conjunction with the owners of lots in Phase 1B, Capitol Lakes Estates Addition. A. PROPOSAL/REQUEST: The applicant is now proposing to amend the previously approved PD-R and Bill of Assurance for the subdivision. The modifications proposed include a revision to the roof pitch, a change to the minimum square footage of the homes, removal of the requirement for the developer to build a six foot wrought iron fence and removal of the requirement that all interior fencing be constructed of cedar. The developer is requesting to reduce the required roof pitch from a 10/12 for homes less than 3,000 square feet and 8/12 for homes greater than 3,000 square feet to an 8/12 regardless of the home size. The request also includes a reduction in the minimum square footage of the homes from 1,600 square feet to 1,400 square feet of heated and cooled space. The current approval does not define the minimum square footage of the homes as heated and cooled; only specifies the minimum square footage. The previous approval requires all interior fences to be constructed of one hundred percent cedar materials. The developer desires to remove this requirement and require all fences to be constructed of a wood material with no specific species of wood material identified. The final modification to the PD-R is to remove the requirement for construction of a wrought iron fence around the perimeter of the site. A six foot tall wrought iron fence along all lot lines which abutted Capitol Hills Boulevard and the Oasis Renewal Center was required with the original approval. The developer wishes to remove this requirement and allow individual lot owners to place fencing along their property lines as desired. The developer has indicated the allowed fences would be six foot high constructed of wood, brick or brick and wrought iron. As was previously approved the six foot fencing may be located within the building setback. All the issues raised for modification are in conflict with the Bill of Assurance for the Subdivision. If the modifications are approved for the PD-R the owner will then pursue a modification to the Bill of Assurance through the mechanism identified in the Bill of Assurance for modifications. December 3, 2009 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-6120-P 4 B. EXISTING CONDITIONS: Street construction has been completed within the subdivision and the lots have been final platted. The entire subdivision was cleared at the time of infrastructure construction. Ten to twelve new homes have been constructed and several new homes are in various stages of completion. Capitol Hills Boulevard has been constructed to Master Street Plan standard adjacent to the site. The interior streets were constructed as private streets. Gates have been installed at the entrances to the subdivision and Capitol Hill Boulevard. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a few informational phone calls from the area property owners. All property owners located within 200-feet of the site, all residents, who could be identified, located within 300 feet of the site and the Spring Valley Manor Property Owners Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: No comment. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: No objection. Fire Department: No comment. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. December 3, 2009 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-6120-P 5 F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Ellis Mountain Planning District. The Land Use Plan shows Residential Low Density for this property. The applicant has applied for a revised PD-R. This revision is to allow a reduction in the required roof pitch, minimum square footage of the homes, modifications to the allowed interior fencing and the removal of the required perimeter fencing for previously approved PD-R and is not proposing a change in use. The proposed land uses in the Planned Development are consistent with the Residential Low Density Category. Master Street Plan: Capitol Hills Boulevard is shown as a Minor Arterial. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic on pedestrians. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Rushmore Avenue is a Collector. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. Bicycle Plan: There are no bike routes in the immediate vicinity. Neighborhood Action Plan: This area is not covered by a Neighborhood Action Plan. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (November 12, 2009) Mr. Ted Upshaw was present representing the request. Staff presented an overview of the PD-R amendment request to the Committee members. Staff stated there were no outstanding technical issues associated with the request. Commissioner Yates questioned if the existing homeowners were on board with the request. Staff stated notification was sent to all property owners of the subdivision via certified mail as well as staff’s post card notification. Staff stated at this point there had not been any calls concerning the request. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: There were no outstanding technical issues associated with the request in need of addressing raised at the November 12, 2009, Subdivision Committee meeting. December 3, 2009 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-6120-P 6 The applicant is proposing to amend the PD-R for the Governor’s Manor Subdivision eliminating the requirement for a perimeter fence and that all interior fences be constructed of cedar, to modify the minimum roof pitch and change the minimum square footage of the homes. The amendment is to reduce the required roof pitch from a 10/12 for homes less than 3,000 square feet and 8/12 for homes greater than 3,000 square feet to an 8/12 roof pitch regardless of the home size. The amendment also includes a reduction in the minimum square footage of the homes from 1,600 square feet to 1,400 square feet. The developer has indicated the 1,400 square feet will be heated and cooled space. The homes typically have a two (2) car garage which is not included in the minimum square footage of the home. The current approval does not define the minimum square footage of the homes as heated and cooled; only specifies the minimum square footage of home construction. The previous approval required all interior fences to be constructed of one hundred percent cedar materials. If approved, the amendment will remove the requirement of cedar material construction and allow all fences to be constructed of a wood material with no specific species of wood material identified. The final modification to the PD-R is to remove the requirement for construction of a wrought iron fence around the perimeter of the site. A six (6) foot tall wrought iron fence along all lot lines, which abutted Capitol Hills Boulevard and the Oasis Renewal Center was required with the original approval. The request is to remove this requirement and allow individual lot owners to place fencing along their property line as they desire. The proposed fencing to be allowed by the individual lot owners is six (6) foot high fence constructed of wood, brick or brick and wrought iron. As was previously approved the six (6) foot fencing may be located within the building setback. Staff is supportive of the request. The original subdivision was started by a different developer and has since been taken over by the applicant. Through the Planned Development process all aspects of a development may be reviewed but the roof pitches of homes is not typically an item specified in the PD-R and is typically handled through the Bill of Assurance. Minimum square footages of homes, construction materials, fencing height and fencing construction materials are items typically reviewed. Since the previous approval did not specify heated and cooled verses total square footage staff does not feel this is a significant change. The construction materials are not proposed to change. The modification to the perimeter fencing allows for individuals to place fencing on their property line constructed of a material of their choosing. To staff’s knowledge there are no remaining outstanding technical issues in need of December 3, 2009 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-6120-P 7 addressing related to this issue. The modification to the Bill of Assurance will have to be taken care of by the developer through the proper mechanism outlined in the Bill of Assurance. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. PLANNING COMMISSION ACTION: (DECEMBER 3, 2009) Mr. Ted Upshaw and Mr. Cliff McKinney were present representing the request. There were registered objectors present. Staff presented the item with a recommendation of approval of the request. Mr. McKinney stated the development had started in 2005 and ended in foreclosure. He stated the developer was trying to bring back the neighborhood from a zombie neighborhood to a viable subdivision. Mr. Robert Angell addressed the Commission in opposition of the request. He stated he bought his home at auction and had put a substantial amount of money in the home to finish out the residences. He stated he had visited with three appraiser and they had stated if lesser square footage homes were constructed the value of his home would be reduced. He stated the roof pitch was a concern. He stated variations in roof pitches and heights added value to a neighborhood. He stated the developer was responsible for placement of a perimeter fence around the subdivision. He stated Mr. Upshaw had bought the remaining lots, he was the developer and therefore he was responsible for construction of the perimeter fence. Ms. Sheila Colclasure addressed the Commission in opposition of the request. She stated she had also bought her home at auction. She stated the interior finish out had been completed by herself and family members. She stated she could not afford a home of this nature without the sweat equity on her part. She stated with the reduced square footage of the homes this would decrease property values within the area. She stated she had bought her home thinking the development was a gated community and felt the developer should provide the fence as was previously approved. Mr. Wesley White addressed the Commission in opposition of the request. He stated he did not buy his home at auction. He stated his home was not the largest or the smallest on the block. He stated his builder had indicated if the developer was allowed to construct homes with lesser square footages then the existing property values would be decreased. He stated once the residents heard the lots had been sold there was a December 3, 2009 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-6120-P 8 feeling that things would get better. He stated this was not the case. He stated the current developer had not worked with the neighborhood and had not meet with them as a group to discuss the best solutions for the neighborhood. He stated he and his wife bought their home in a gated community. He stated the developer had indicated the residences would be required to pay for the fence through an assessment. He stated the Bill of Assurance indicated the developer was responsible for the perimeter fence. Mr. McKinney stated the subdivision as previously presented did not work. He stated Mr. Upshaw had purchased the subdivision in foreclosure. He stated the Bill of Assurance indicated each of the homes would be assessed a $1,000 fee to pay for construction of the perimeter fence. He stated since the homes were bought at auction the homes had not paid these fees which were still owed. He stated the desire of the develop was to allow individuals to place fences as they wished. Mr. Ted Upshaw addressed the Commission providing appraisal and comparable pricing of new and proposed structures for the neighborhood. He stated homes 1,400 square feet would command a higher price per square foot than the larger homes. He stated with a 1,400 square foot home he could provide a home to the West Little Rock market less than $200,000. He stated new homes sales in the City less than $200,000 were continuing to move. He stated over $200,000 the sales were stagnant. He stated the market had changed. He stated there was a 67 percent decrease in the number of building permits issued from the start of the project to current day. Mr. Randy Sumbles stated he was the realtor that would market and sell the homes once completed. He stated the market for homes over $200,000 was very difficult. He stated it was true smaller square footages of homes did command a higher sales price. He stated the sales price proposed was $120 to $125 per square foot for the 1,400 square foot homes. There was a general discussion by the Commission concerning the development and the impacts of the request on the existing homes in the area. The Commission indicated they felt sympathetic to the residences. A few Commissioners indicated homes even if smaller homes were better than vacant lots. Commissioner Rector stated his neighborhood was very diverse and he never thought a smaller home decreased property values. The Commission questioned Mr. Upshaw as to the smallest box he would build. He stated heated and cooled space with a garage the smallest box would be 1,850 square feet. A motion was made to approve the request as recommended by staff. The motion failed by a vote of 5 ayes, 4 noes, 1 recusal (Commissioner Ferstl) and 2 open positions. December 3, 2009 ITEM NO.: 12 FILE NO.: Z-7008-B NAME: Kanis Office Park Short-form POD LOCATION: Located at 18425 Kanis Road DEVELOPER: Engineering Systems Group LLC 18425 Kanis Road Little Rock, AR 72223 ENGINEER: White Daters and Associates #24 Rahling Circle Little Rock, AR 72223 AREA: 2.804 acres NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF CURRENT ZONING: POD and R-2, Single-family ALLOWED USES: General and Professional Office and Single-family PROPOSED ZONING: POD PROPOSED USE: General and Professional Office – 3 lot subdivision VARIANCES/WAIVERS REQUESTED: 1. A variance from the Subdivision Ordinance to allow the creation of lots without public street frontage. 2. A deferral of the required street improvements to Kanis Road for a period of five years, until Phase II or until adjacent development, whichever occurs first. BACKGROUND: A request was to be heard by the Little Rock Planning Commission on May 3, 2001, for the rezoning of the site from R-2, Single-family to C-1, Neighborhood Commercial. The applicant withdrew his request prior to the public hearing. December 3, 2009 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-7008-B 2 Ordinance No. 18,918 adopted by the Little Rock Board of Directors on August 19, 2003, rezoned the property from R-2, Single-family to POD and established ESG Short-form POD. The site contained 1.4 acres and located at 18425 Kanis Road. The approval allowed the placement of three (3) structures on the site in three (3) Phases. The first phase consisted of the construction of a small office of approximately 1,000 square feet in area. Additional structures would be constructed with Phase II consisting of a second structure of approximately 1,000 square feet and Phase III a third building with approximately 3,500 square feet. The structures were to be aesthetically pleasing; the architectural style was to be more residential than commercial in design. The approval allowed three (3) employees in the Phase I building with little traffic to the site since most of the activity took place off site at the customer’s place of business. Phase II and III buildings were to be marketed to similar type uses. General and professional office users for the buildings were approved. The hours of operation were from 7:30 am to 5:30 pm Monday through Friday. The parking would be phased with the building construction. No ground signage, only wall signage on each of the buildings, was approved. A deferral of street improvements to Kanis Road until Phase III or ten years was requested. The right-of-way as required per the Master Street Plan was to be dedicated at the time of building construction. The proposed site plan also included landscaping as required by the Landscape Ordinance and the Zoning Buffer Ordinance. At this time, only the first building has been constructed. Street improvements to Kanis Road have not been completed. A. PROPOSAL/REQUEST: The developer is now requesting to revise the previously approved POD by expanding the site from 1.4 acres to 2.8 acres to allow development of the site with three (3) lots with immediate plans for buildings on Lots 1 and 3. Lot 2 will be held for future development. The buildings are proposed constructed with materials found in typical residential construction. The development is proposed in two (2) phases. Phase I consists of the existing building as proposed Lot 1 and a second office building as proposed Lot 3. The second phase is development of Lot 2. Phase II will not be developed until the developer is able to annex the site into the corporate limits of the City of Little Rock. The request includes a deferral of the required street improvements for Kanis Road for a period of five (5)years, until Phase II or until adjacent development occurs, whichever occurs first. There does not appear to be a valid Bill of Assurance for the Independence Farms Subdivision available. December 3, 2009 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-7008-B 3 B. EXISTING CONDITIONS: There is an office building constructed on the eastern portion of the site (proposed Lot 1). The building has a brick façade and was constructed with two office bays. The area to the south is heavily wooded. The structures on the western portion proposed for expansion of the development were recently removed. This section of Kanis Road is primarily residential with homes located on acreage. West of the site, at the intersection of Kanis and Denny Roads, is a church and two (2) commercial businesses, a beauty salon and Plant/Plant which provides plants for commercial businesses. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from the area property owners. All property owners located within 200-feet of the site, all residents, who could be identified, located within 300 feet of the site and the Coalition of West Little Rock Neighborhoods were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Kanis Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. 2. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to Kanis Road including 5-foot sidewalks with the planned development. The new back of curb should be located 29.5 feet from the centerline. 3. Stormwater detention ordinance applies to this property. 4. All driveways shall be concrete aprons per City Ordinance. 5. If disturbed area is one (1) or more acres, obtain a NPDES stormwater permit from the Arkansas Department of Environmental Quality prior to the start of construction. 6. On site striping and signage plans should be forwarded to Public Works, Traffic Engineering for approval with the site development package. 7. 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. December 3, 2009 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-7008-B 4 8. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). 9. The proposed driveway should intersect Kanis Road at a 90 degree angle. The three (3) existing driveways should be removed. 10. In accordance with Section 31-210 (h)(12), access driveways running parallel to the street shall not create a four-way intersection within 75 feet of the future curb line of the street. The north portion of the site should be redesigned to move the intersection at least 75 feet from the intersection. 11. When the property is annexed, a grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Outside the service boundary. Annexation to the City of Little Rock is required to receive sanitary sewer service. Contact Little Rock Wastewater Utility for additional information. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. A Capital Investment Charge based on the size of the meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all meter connections including any metered connections off the private fire system. Additional fire hydrant(s) may be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). This project is within Water Improvement District 349 and there may be charges assessed by the Improvement District in conjunction with water service to this property. This development will have minor impact on the existing water distribution system. Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas December 3, 2009 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-7008-B 5 Department of Health Engineering Division and Little Rock Fire Department is required. Fire Department: Fire hydrants will be required. Contact the Little Rock Fire Department for additional information. County Planning: The site is located outside the City limits of the City of Little Rock. Contact Pulaski County Planning for information concerning the required development. CATA: The site is not located on a dedicated CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Ellis Mountain Planning District. The Land Use Plan shows Residential Low Density for this property. The applicant has applied for a revised Short-form POD. This site was previously approved for a Planned Office Development in 2003, but the land use plan was not amended at that time. This area of Kanis Road was studied by staff recently and the consensus at that time was to keep the south side of Kanis Road rural in character. Residential and non-residential uses to the north are proposed to be higher density and more suburban or urban. Densification is proposed on the Plan. While to the south large-lot low intensity uses are recommended, with large-lot residential subdivisions along Longwood Road, Edswood Road and Longway Drive. There have not been any significant changes in the area since this Land Use review. Master Street Plan: Kanis Road is a Minor Arterial. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic on pedestrians. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class III is shown along Kanis Road. A Class III bikeway is a signed route on a street shared with traffic. No additional paving or right-of-way is required. Class III bicycle route signage may be required. Neighborhood Action Plan: This area is not covered by a Neighborhood Action Plan. December 3, 2009 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-7008-B 6 Landscape: 1. Site plan must comply with the City’s minimal landscape and buffer ordinance requirements. 2. The zoning buffer ordinance requires an average twenty-seven foot (27’) street buffer along Kanis Road and in no case to be less than half. Currently, the site is deficient on this minimal requirement. 3. A fifteen foot (15’) wide land use buffer is required to separate this proposed development from the residential property on the eastern and western perimeters of the site. Seventy percent (70%) of these buffers are to remain undisturbed. 4. The property to the east and the west is zoned residential, therefore, a six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along both the eastern and western perimeters of the site. 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 tree covered site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (November 12, 2009) The applicant was not present. Staff presented the item stating there were a number of issues related to the site which were in need of addressing prior to the Commission acting on the request. Staff stated the development was proposed in two (2) phases with the construction of an office building in the first phase served by a septic system and development of the second phase upon annexation to the City of Little Rock. Staff noted the site was not contiguous to allow annexation in the near future. Public Works comments were briefly discusses. Staff noted right of way dedications and street construction would be required. Staff stated the design of the existing drive did not meet the current ordinance requirements. Staff stated they would work through this issue with the applicant. December 3, 2009 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-7008-B 7 Landscaping comments were discussed. Staff stated all landscape and buffer ordinance standards would apply to the future development of the site. Staff stated a landscape plan 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 identifying a number of the issues outlined for the November 12, 2009, Subdivision Committee meeting. The revised plan has removed the three (3) existing drives and located a shared drive on the lot line between Lots 1 and 3. The revised site plan identifies Lot 2, the rear lot, for future development and proposing new construction on the lot abutting Kanis Road (Lot 3). The development is proposed in two (2) phases. The first Phase consists of the existing office building located on proposed Lot 1 and construction of a new office building on proposed Lot 3. The existing building contains 2,326 square feet with a 13.2 percent building coverage and Lot 3 is proposed with a new office building containing 3,825 square feet and a 19.4 percent building coverage. All lots are proposed with general and professional office uses as allowable uses. The request includes a deferral of the required street improvements for Kanis Road for a period of five (5) years, until the development of Phase II or until adjacent development occurs, whichever occurs first. Staff is supportive of the deferral request. Staff has concerns with the potential future development of Lot 2 with non-residential uses. The previous approval allowed the placement of three (3) structures on the eastern portion of the site in three Phases containing approximately 5,500 square feet. The first phase allowed the construction of a small office building containing approximately 1,000 square feet which has been built along Kanis Road. Phase II allowed a second building of approximately 1,000 square feet located immediately south of the existing structure and Phase III allowed a third building with approximately 3,500 square feet also located south of the existing structure. The structures were to be an architectural style of more residential than commercial. Staff has concerns with committing to potential future office development for the Lot 2 and feels the approval of office uses on Lot 2 is premature. The property is located outside the City limits and is not contiguous to allow for annexation. Staff feels moving the future development of the office on the eastern portion of the development to the Kanis December 3, 2009 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-7008-B 8 Road frontage allows for the rear portion of the site to act as a buffer in the short-term for the adjacent residentially zoned property. Although the proposed use of the property is not consistent with the City’s Future Land Use Plan again staff feels by moving the previously approved office square footage away from the rear of the site to the street side allows for more protection of the adjoining properties to the south and east. The previous approval allowed office hours of operation were from 7:30 am to 5:30 pm Monday through Friday. The applicant has not requested a modification to the hours of operation for the new office building. The site plan indicates ten (10) parking spaces to serve the existing office use and fourteen (14) spaces to serve the new office building. The ordinance would typically require the placement of five (5) spaces to serve the existing office building and nine (9) spaces to serve the new office use. No ground signage was approved with the original request only wall signage on each of the buildings. The current request does not include ground signage. Wall signage is proposed as typically allowed in office zones or a maximum of ten percent of the façade area abutting the public street. According to Traffic Engineering the center of the 4-way intersection of the driveway and parking lots should be located 75 feet from the future back of curb. As proposed, it takes only two (2) cars to block access to one (1) of the parking areas. Also only one (1) entry lane should be provided into the development from Kanis Road. Two (2) exits lanes onto Kanis Road can be provided if desired. Staff is generally supportive of the development but has concerns with the development of the Lot 2 portion of the site with office uses. Staff also has concerns with the driveway entering the parking lot. Staff cannot support the application as filed. I. STAFF RECOMMENDATION: Staff recommends denial of the request as filed. PLANNING COMMISSION ACTION: (DECEMBER 3, 2009) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated December 1, 2009 requesting a deferral of the item to the January 14, 2010, public hearing. Staff December 3, 2009 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-7008-B 9 stated the deferral request would require a waiver of the Commission’s By-laws with regard to the late deferral request. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The chair entertained a motion for approval of the By-law waiver with regard to the late deferral request. The motion carried by a vote of 9 ayes, 0 noes, 0 absent and 2 open positions. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 9 ayes, 0 noes, 0 absent and 2 open positions. December 3, 2009 ITEM NO.: 13 FILE NO.: Z-7025-C NAME: Creekwood Plaza Revised Short-form PCD LOCATION: Located on the Northeast Corner of Kanis and Bowman Roads DEVELOPER: Creekwood Plaza LLC c/o Davis Properties P.O. Box 241025 Little Rock, AR 72223 ARCHITECT: Terry Burruss Architects 614 Center Street Little Rock, AR 72201 AREA: 6.41 Acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 CURRENT ZONING: PCD ALLOWED USES: Office/Warehouse/Commercial PROPOSED ZONING: Revised PCD PROPOSED USE: Office/Warehouse/Commercial – Extend the Hours of Operation VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: The Board of Directors adopted Ordinance No. 18,515 on July 3, 2001, establishing West Park Office Centre – Long-form PCD. The applicant proposed to construct eight (8) buildings to be used as a mixed office warehouse development. The proposed use mix was as follows: Buildings A – D 60% Commercial (C-3 permitted uses) 40% General /Professional Office Building E General/Professional Office Buildings F - H Office/Office-Warehouse, with a maximum of 70% warehouse space December 3, 2009 SUBDIVISION ITEM NO.: 13 (Cont.) FILE NO.: Z-7025-C 2 The proposed development was to have approximately 28,830 square feet of commercial space, 45,830 square feet of office space and 25,410 square feet of warehouse space. The development was proposed to have 233 parking spaces. There were to be two (2) access points; one driveway from Kanis Road and one driveway from Bowman Road. The proposed site plan included a monument-type ground-mounted sign near the southwest corner of the property. The applicant indicated the sign would have a maximum height of eight (8) feet and maximum area of 160 square feet. The development was to be developed in two (2) phases. Phase I was to include Buildings A – C, associated parking areas and a single access point from Bowman Road. The Bowman Road improvements and a portion of the Kanis Road improvements were to be made during Phase I construction. The applicant indicated the remainder of the site was to remain undisturbed until Phase II construction began. The applicant also indicated building elevations and description of the proposed buildings as a part of the previous PCD. The applicant proposed the hours of operation to be 6:00 am to 9:30 pm Monday – Saturday. The Planning Commission reviewed a request at their August 8, 2002, Planning Commission Public Hearing to amend the previously approved PCD to remove the percentage mix placed on Buildings A – D and to extend the hours of operation for the site. The applicant proposed the hours of operation as 6:00 am to 12:00 am seven days a week. The applicant indicated, due to leasing constraints, his desire was to no longer have a 60% Commercial and 40% Office limit placed on the buildings facing Bowman and Kanis Roads. The application included a marketing plan for the units as 100% commercial (or office) uses with C-3 uses being the allowable uses requested. The applicant indicated Buildings E – H would remain as previously approved; Office/Office Warehouse with a maximum of 70% Warehouse. Parking remained as previously approved, 233 parking spaces. The applicant amended the request prior to the August 8, 2002, Planning Commission hearing to only revise the hours of operation and eliminate the requested to market the site as a 100 percent commercial development. On September 3, 2003, the Little Rock Board of Directors adopted Ordinance No. 18,740, revising the PCD to allow the hours of operation to be extended to include 6:00 am to 12:00 am seven days per week. The use mix was not changed. Ordinance No. 19,255 adopted by the Little Rock Board of Directors on January 4, 2005, allowed a revision to the previously approved site plan for Buildings F and G. The approval allowed warehouse storage separate from office uses in these two building to give the owner flexibility in renting the spaces. The previous approval limited the use of the space to office/warehouse activities. The approval allowed the buildings to be December 3, 2009 SUBDIVISION ITEM NO.: 13 (Cont.) FILE NO.: Z-7025-C 3 rented to a warehouse user who did not require office space or an office user who did not require warehouse space. In addition, areas for outdoor dining were approved. There were five (5) areas identified for outdoor dining. Each of the areas would have various size tables and seating capacities. The tables were located along the existing sidewalk but still allowed sufficient walk area to meet minimum ADA requirements. A. PROPOSAL/REQUEST: The request is to amend the previously approved PCD to allow 24-hour a day seven (7) day a week access for the fitness center located in Suites C-4, C-5 and C-6. The approval is limited to the current occupant and limited to the indicated suites. There are no other modifications to the previously approved PCD proposed. The property is located in Tracts 7 and 8 Montclair Subdivision. There does not appear to be a valid Bill of Assurance for this subdivision. B. EXISTING CONDITIONS: The site is developed with most spaces occupied. There is a mixture of uses within the development including restaurant uses, retail uses and office uses. The gym is located in a space fronting Bowman Road. Bowman and Kanis Roads have been constructed to Master Street Plan standard and there is a sidewalk in place. Other uses in the area include retail uses such as a liquor store, a drycleaners, a mini-warehouse development and an ice skating rink. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a few informational phone calls from the area property owners. All property owners located within 200-feet of the site, all residents, who could be identified, located within 300 feet of the site and the Gibraltar Heights Neighborhood Association and the John Barrow Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. A 20 foot radial dedication of right-of-way is required at the intersection of Kanis Road and Bowman Road. December 3, 2009 SUBDIVISION ITEM NO.: 13 (Cont.) FILE NO.: Z-7025-C 4 E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer service available to this project. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: No objection to extend hours of operation Fire Department: Fire hydrants will be required. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the I-430 Planning District. The Land Use Plan shows Mixed Office Commercial for this property. The applicant has applied for a revised PCD, with no change in land use proposed. The proposed land uses in the Planned Development are consistent with the Commercial Category. Master Street Plan: Kanis and Bowman Roads are both shown as Minor Arterials. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Kanis and Bowman Roads. 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 Walnut Valley Neighborhood Plan, but that plan does not address this issue directly. Their neighborhood quality goal does state a need to “preserve the welcoming attractive neighborhood where current residents are proud to live and others wish to reside.” December 3, 2009 SUBDIVISION ITEM NO.: 13 (Cont.) FILE NO.: Z-7025-C 5 Landscape: No comment on the change in hours of operation. G. SUBDIVISION COMMITTEE COMMENT: (November 12, 2009) Mr. Terry Burruss was present representing the owner. Staff presented the item to the Committee members stating there were no outstanding technical issues in need of addressing prior to the Commission acting on the request. Pubic Works stated a radial dedication was required at the intersection of Bowman and Kanis Roads. Mr. Burruss stated the dedication was made 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: There were no outstanding technical issues associated with the request in need of addressing raised at the November 12, 2009, Subdivision Committee meeting. The request is an amendment to the previously approved PCD to allow 24-hour seven (7) day a week access for the fitness center located in Suites C-4, C-5 and C-6. The approval is limited to the current occupant and limited to these suites. There are no other modifications to the previously approved PCD proposed. Staff is supportive of the request. During the original approval process there were a number of residential uses located in the area. These homes have since been removed and the area is developed as a commercial area. Staff feels by limiting the approval of the extended hours to the current user will negate any potential negative impacts on the development and the surrounding area. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. PLANNING COMMISSION ACTION: (DECEMBER 3, 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 December 3, 2009 SUBDIVISION ITEM NO.: 13 (Cont.) FILE NO.: Z-7025-C 6 compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 9 ayes, 0 noes, 0 absent and 2 open positions. December 3, 2009 ITEM NO.: 14 FILE NO.: Z-7917-B NAME: Verizon Wireless Revised Short-form PCD LOCATION: Located at 12018 Chenal Parkway DEVELOPER: Verizon Wireless c/o Pinnacle Signs and Graphics 14710 Cantrell Road Little Rock, AR 72223 ENGINEER: White-Daters and Associates #24 Rahling Road Little Rock, AR 72223 AREA: 1.19 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: PCD ALLOWED USES: C-3, General Commercial District Uses – Wall sign west façade 75 square feet PROPOSED ZONING: Revised PCD PROPOSED USE: C-3, General Commercial District Uses – Wall sign west façade 117 square feet VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: The site was constructed as a single user building which housed a Gateway computer store. Once the original tenant moved from the site the property was divided into two (2) individual retail spaces, to be leased independently. An application request was filed to allow signage on the western wall of the building; the wall was located without public street frontage. According to the applicant the sign allowances per the Ordinance provided limited visibility for tenants leasing the west side of the property. Based on the property being located within the Chenal Parkway/Financial Center Design Overlay District the only option for allowance of signage without public street frontage required December 3, 2009 SUBDIVISION ITEM NO.: 14 (Cont.) FILE NO.: Z-7917-B 2 the applicant to file a Planned Development application and rezone the site from C-3, General Commercial District. The allowable uses for the site remained as C-3, General Commercial District uses. The applicant requested the rezoning of the site to PCD to allow signage along the western façade of the building, located without public street frontage. The original application for Verizon indicated a total sign area which would not exceed 240 square feet and the “V” being the largest letter with a maximum height of 57 inches. During the Planning Commission public hearing the applicant reduced the total sign area being requested to 100 square feet. The application request was amended during the Board of Directors meeting as well. The Board of Directors approved the applicant’s amended request to allow signage along the western façade with a maximum area of fifty (50) square feet by the adoption of Ordinance No. 19,429 on November 1, 2005. On December 7, 2006, the Little Rock Planning Commission denied a request to allow expanded signage on the western façade of this building. The request was to allow the placement of a sign without public street frontage with a total sign area of 150 square feet. The developers indicated a new façade would be placed on the front and west walls changing the color of the building and adding architectural elements such as brick accents and false windows. During the public hearing process the applicant indicated the smallest sign acceptable to serve the needs and provide visibility would be 100 square feet in area. The denial was appealed to the Board of Directors. The applicant amended the request at the Board of Directors meeting to limit the signage to seventy-five (75) square feet. Ordinance No. 19,724 adopted by the Little Rock Board of Directors on March 20, 2007, approved signage on the western façade not to exceed seventy-five (75) square feet in sign area. A. PROPOSAL/REQUEST: The applicant is now proposing to revise the previously approved PCD to increase the signage located on the western façade. According to the applicant’s cover letter the reason for the request is that current signage has poor visibility for the traffic traveling eastbound on Chenal Parkway. The letter states as good signage is critical to any retail operation, Verizon would like to maximize its visibility to all traffic on Chenal. Additional data provided indicates the west elevation of the building is 33 feet high and 100 feet in width for a total façade area of 3,300 square feet. The existing sign is 32 inches high and 210 inches wide for a total sign area of 50 square feet. The sign proposed is 50 inches high and 335 inches wide for a total sign area of 117 square feet. December 3, 2009 SUBDIVISION ITEM NO.: 14 (Cont.) FILE NO.: Z-7917-B 3 The Bill of Assurance for the Subdivision indicates the covenants are to run with the land and shall be binding on all parties for a period of twenty-five (25) years from the date of recording after which time said covenants shall have an automatic extension for successive periods of ten (10 years unless an instrument signed by a majority of the owners of lots in the Parkway West Addition has been recorded, agreeing to change of said covenants in whole or part. The Bill of Assurance for this lots does not address specifics related to signage. B. EXISTING CONDITIONS: The site contains a two (2) bay commercial building with one side occupied by Verizon and the other with an eye care use. The area is built-out. Wal-mart is located to the south with a bank located to the east. There are several restaurants in the area to the northeast, west and northwest. This site has a right in right out drive onto Chenal Parkway. Persons traveling from the west do not have direct access to the site but must turn on Westhaven Drive and access the site through the adjacent restaurant site parking lot. There is a wall sign located on the west façade of the building identifying Verizon. The sign permit indicates the sign is 50 square feet. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a few informational phone calls from the area property owners. All property owners located within 200-feet of the site, all residents, who could be identified, located within 300 feet of the site and the Gibraltar Heights Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: No comment. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer service available to this project. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. December 3, 2009 SUBDIVISION ITEM NO.: 14 (Cont.) FILE NO.: Z-7917-B 4 Central Arkansas Water: No objection. Fire Department: No comment. 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 Ellis Mountain Planning District. The Land Use Plan shows Commercial for this property. The applicant has applied for revised Short-form PCD, with no change in land use proposed. The proposed land uses in the Planned Development are consistent with the Commercial Category. 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. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes in the immediate vicinity. Neighborhood Action Plan: This area is covered by the Rock Creek Neighborhood Plan. The plan does not address the issue of signage on commercial buildings. Landscape: No comment on the proposed signage request. G. SUBDIVISION COMMITTEE COMMENT: (November 12, 2009) The applicant was present. Staff presented the item with a history of the signage request for the site. Staff stated the current approval allowed for 75-square feet of signage along the western façade. Staff stated the sign currently located on the west wall was 50 square feet. Staff stated Verizon was requesting to be allowed a sign 50 inches high and 335 inches wide for a total sign area of 117 square feet. Staff stated there were no outstanding technical issues associated with the request. There was a brief discussion by the Committee members and the applicant concerning the request, previous request and the allowable signage. There was December 3, 2009 SUBDIVISION ITEM NO.: 14 (Cont.) FILE NO.: Z-7917-B 5 no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: There were no outstanding technical issues in need of addressing raised at the November 12, 2009, Subdivision Committee meeting. The request is to allow wall signage on the west elevation of the building which is located without public street frontage. The wall is 33 feet high and a 100 feet wide for a total façade area of 3,300 square feet. The existing sign is 32 inches high and 210 inches wide for a total sign area of 50 square feet. The new sign proposed is 50 inches high and 335 inches wide for a total sign area of 117 square feet. Staff is not supportive of allowing the increase in signage as proposed by the applicant. The current approval allows for a sign 75 square feet in area on the western wall which is a fifty (50) percent increase in the total sign area than the current fifty (50) square foot sign located on the building. As stated in staff’s previous recommendation staff feels any limited visibility of the sign is due to the white sign being placed on a white wall. The applicant indicated during the application process in 2007 that improvements would be made to the building and the color of the building would be changed to allow for added visibility of the sign. These improvements have not occurred. The existing wall sign located on the front of the building facing Chenal Parkway is 138 square feet and also located on Chenal Parkway is a monument sign 96 square feet in area. Staff feels the site has adequate signage to inform customers of the location. I. STAFF RECOMMENDATION: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (DECEMBER 3, 2009) Mr. Sherman Tate and Mr. Mike Rutter were present representing the request. There was a registered objector present. Staff presented the item with a recommendation of denial. Mr. Tate stated when persons traveled east on Chenal Parkway it was difficult to see the sign located on the western wall of the building. He stated signage was a necessity for business to attract new customers. He stated based on the location of the wall and the elevation of the wall this could be viewed as a wall with street frontage. He stated he did not feel Verizon was asking for anything out of the ordinary just a way for customers to find the store. December 3, 2009 SUBDIVISION ITEM NO.: 14 (Cont.) FILE NO.: Z-7917-B 6 Mr. Rutter stated visual communication was very important to businesses. He stated a facilities ability to succeed was based on visual communication. He stated the west wall functioned as a street frontage. He stated the wall had a clear unobstructed view from the parkway. He stated the existing sign was 1.5 percent of the wall façade. He stated the new sign was proposed at 3.5 percent of the façade area. Ms. Ruth Bell addressed the Commission in opposition of the request. She stated the League of Women Voters opposed the request when the application was initially filed and continued to oppose the request. She stated when driving this area of the parkway it was important to watch for vehicles and not look for signage. She stated there was a point signage became visual clutter and no longer serve the intended purpose. There was a general discussion by the Commission concerning the existing signage and visibility. Commissioner Smith and Commissioner Rector commented they had driven the parkway and the existing sign was not visible. Commissioner Yates questioned Mr. Tate if he would be willing to remove the sign on the front of the store to be allowed signage on the west wall as proposed. Mr. Tate stated he was not willing to remove the sign on the front of the building to be allowed signage on the west wall. There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 7 ayes, 2 noes, 0 absent and 2 open positions. December 3, 2009 ITEM NO.: 15 FILE NO.: Z-7920-B NAME: Lot 1 Baker Addition Short-form PCD LOCATION: Located at 17410 Kanis Road DEVELOPER: DOB enterprises 19 Sologne Circle Little Rock, AR 72223 ENGINEER: McGetrick and McGetrick Engineers 10 Otter Creek Circle, Suite A Little Rock, AR 72210 AREA: 7.89 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: PCD and R-2, Single-family ALLOWED USES: Retail – Mini-warehouse and Single-family PROPOSED ZONING: PCD PROPOSED USE: Retail and Mini-warehouse VARIANCES/WAIVERS REQUESTED: A variance from the Land Alteration Ordinance to allow grading of the entire site with the construction of one or more buildings. BACKGROUND: The Little Rock Planning Commission denied a request to rezone a portion of this site from R-2, Single-family to PCD at their September 29, 2005, public hearing. The denial was appealed to the Little Rock Board of Directors and was heard at their December 20, 2005, public hearing. Ordinance No. 19,461 adopted by the Little Rock Board of Directors on December 20, 2005, rezoned the western portion of the site from R-2, Single-family to PCD to allow construction of a strip center containing 27,300 square feet with C-3, General Commercial District uses as allowable uses and a six (6) building mini-warehouse development containing 47,100 square feet. December 3, 2009 SUBDIVISION ITEM NO.: 15 (Cont.) FILE NO.: Z-7920-B 2 A. PROPOSAL/REQUEST: The applicant is proposing a revision to the approved PCD to modify the approved site plan and expand the area of development. The new site plan indicates the construction of 46,500 square feet of commercial retail space with C-3, General Commercial District uses as allowable uses and a mini-warehouse development with 18,100 square feet of unconditioned space and 29,800 square feet of conditioned storage space. A 2,400 square foot office to serve the center is indicated on the site plan. The hours of operation for the retail portion of the site are from 7:00 am to 12:00 pm Monday through Sunday. The hours of operation for the mini-warehouse portion of the development are from 6:00 am to 10:00 pm Monday through Sunday. The property is located outside the City limits of Little Rock but the applicant has indicated the property will be annexed into the City once the zoning request is approved. There does not appear to be a valid Bill of Assurance for the Independence Farms Subdivision available. B. EXISTING CONDITIONS: There are a few commercial uses located in the area which were existing prior to the City taking in this area for Extraterritorial Zoning and are still zoned R-2, Single-family with a non-conforming status. There are a number of residential structures located on the site proposed for development but for the most part the site is yard area for these homes. There is a utility substation located to the east of the site and residential zoned and used property to the west. There is a pet boarding facility located one parcel removed to the west on AF zoned property. South of the site is residentially zoned and used property. The property to the north was recently rezoned to POD to allow future development by St. Vincent’s as a health care village. Kanis Road is a narrow unimproved street with open ditches for drainage. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a few informational phone calls from the area property owners. All property owners located within 200-feet of the site, all residents, who could be identified, located within 300 feet of the site and the Coalition of West Little Rock Neighborhoods were notified of the public hearing. December 3, 2009 SUBDIVISION ITEM NO.: 15 (Cont.) FILE NO.: Z-7920-B 3 D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Kanis Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. 2. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to Kanis Road including 5-foot sidewalks with the planned development. The new back of curb should be located 29.5 feet from centerline. 3. All driveways shall be concrete aprons per City Ordinance. 4. The driveway should intersect Kanis Road at a 90 degree angle. 5. Stormwater detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. 6. If the property will be annexed into the City, 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. 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. If the property will apply to be annexed, a special Grading Permit for Flood Hazard Areas will be required per Section 8-283 prior to construction. The finished floor of the proposed building should be elevated to at least one (1) foot above the base flood elevation. 9. Since portions of the property is located within the 100 year floodplain. The Pulaski County Planning Department should be contacted pertaining to floodplain requirements. 10. Provide a letter prepared by a registered engineer certifying the sight distance at the intersections comply with 2004 AASHTO Green Book standards. 11. 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). 12. Streetlights are required by Section 31-403 of the Little Rock code. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting/certificate of occupancy. Contact Traffic Engineering 379-1813 (Steve Philpott) for more information. December 3, 2009 SUBDIVISION ITEM NO.: 15 (Cont.) FILE NO.: Z-7920-B 4 E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Outside the service boundary. Annexation to the City of Little Rock is required to receive sanitary sewer service. Contact Little Rock Wastewater Utility for additional information. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. A 39-inch raw water line crosses this site within a 50-foot wide waterline easement on the north side of property. Care must be taken to protect these water lines and any appurtenances, such as access and air release vaults, or monumentation which may be in the area. No signs, light poles, dumpster pads or other structures on foundations will be allowed within the existing 50-foot waterline easement. Paved parking and driveways are allowed. A Capital Investment Charge based on the size of the meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all meter connections including any metered connections off the private fire system. Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). This project is within Water Improvement District 349 and there may be charges assessed by the Improvement District in conjunction with water service to this property. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Please submit plans for water facilities to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities. Approval of plans by Central Arkansas Water, the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. Fire Department: Fire Hydrants will be required. Contact the Little Rock Fire Department for additional information. County Planning: The site is located outside the City limits. Contact Pulaski County Planning for specific development criteria. CATA: The site is not located on a dedicated CATA Bus Route. December 3, 2009 SUBDIVISION ITEM NO.: 15 (Cont.) FILE NO.: Z-7920-B 5 F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Chenal Planning District. The Land Use Plan shows Commercial for this property. The applicant has applied for a revised Short-form PCD. The proposed land uses in the Planned Development are consistent with the Commercial Category. Master Street Plan: Kanis Road is a Minor Arterial. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians. 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 bike route is proposed along this portion of Kanis Road. 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 Plan. Landscape: 1. Site plan must comply with the City’s minimal landscape and buffer ordinance requirements. 2. The zoning buffer ordinance requires an average thirty-six foot (36’) street buffer along Kanis Road and in no case to be less than half. Currently, the site is deficient on this minimal requirement. 3. A thirty-six foot (36’) wide land use buffer is required to separate this proposed development from the residential property on the eastern and western perimeters of the site. Seventy percent (70%) of these buffers are to remain undisturbed. Easements cannot count towards this minimal City requirement. 4. The landscape ordinance requires a nine foot (9’) foot wide landscape strip around the sites entirety. A variance from this minimal amount must be obtained from the City Beautiful Commission prior to the issuance of a building permit. 5. Currently, there are proposed parking spaces located within both the required street buffer area(s) and the required landscape strip along Kanis Road. 6. The property to the north, east and the west is zoned residential, therefore, a six (6) foot high opaque screen, either a wooden fence with its face side December 3, 2009 SUBDIVISION ITEM NO.: 15 (Cont.) FILE NO.: Z-7920-B 6 directed outward, a wall, or dense evergreen plantings, is required along the northern, eastern and western perimeters of the site. 7. An automatic irrigation system to water landscaped areas will be required. 8. Prior to the issuance of a building permit, it will be necessary to provide an approved landscape plan stamped with the seal of a Registered Landscape Architect. 9. The City Beautiful Commission recommends preserving as many existing trees as feasible on this tree covered site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (November 12, 2009) Mr. Pat McGetrick was present representing the owner. Staff presented an overview of the development stating there were a few technical issues associated with the request in need of addressing prior to the Commission acting on the request. Staff questioned if the development would seek annexation prior to development. Mr. McGetrick stated the owner would seek annexation prior to development. Staff also questioned the proposed signage plan and requested a note be provided on the site plan concerning dumpster screening. Public Works comments were addressed. Staff stated dedication of right of way and street construction would be required at the time of development. Staff requested Mr. McGetrick work with the developers to the east to tie the Kanis Road improvements together. Staff questioned if advanced grading was a part of the request. Mr. McGetrick stated advanced grading was being requested to allow for clearing of the entire site with the construction of one or more buildings. Landscaping comments were addressed. Staff stated buffering would be required along the property perimeters where abutting residentially zoned or used property. Mr. McGetrick stated the eastern perimeter abutted a utility substation and should not be subject to the buffering and screening requirements of the ordinance. Staff stated the Planning Commission could approve a variance for this perimeter. Mr. McGetrick stated the property to the north was recently rezoned to allow for an office development. He questioned the buffer requirements in this area. Staff stated they would work with him to determine the actual buffer requirements for 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. December 3, 2009 SUBDIVISION ITEM NO.: 15 (Cont.) FILE NO.: Z-7920-B 7 H. ANALYSIS: Mr. McGetrick submitted a revised site plan to staff addressing the issues raised at the November 12, 2009, Subdivision Committee meeting. The revised plan indicates the proposed signage plan as well as a note has been provided identifying the dumpster screening requirement. The plan indicates a land use buffer along the western perimeter of 44.5 feet increasing to 55-feet near Kanis Road. Of the land use buffer there is a 20-foot access easement which is not typically allowed to count towards the buffering requirement. The plan indicates in this are there is no existing vegetation. An eight (8) foot chain link fence will be installed on the east side of the access easement and vines, shrubs and trees will be planted on the inside of the fence. Along the northern perimeter a land use buffer is not required. The site plan indicates the placement of a nine (9) foot landscape strip in this area as required by the Landscape Ordinance. Along the site’s eastern perimeter there is a 50-foot easement dedicated to allow access to the adjacent utility substation. The substation is zoned R-2, Single-family. The applicant is requesting to not be required to provide a buffer along this perimeter. A nine (9) foot landscape strip has been indicated on the site plan to comply with the Landscape Ordinance. The street buffer has been indicated to comply with the typical ordinance standards. The site plan indicates the construction of 46,500 square feet of commercial retail space with C-3, General Commercial District uses as allowable uses and a mini-warehouse development with 18,100 square feet of unconditioned space and 29,800 square feet of conditioned storage space. A 2,400 square foot office to serve the center is indicated on the site plan. The typical minimum parking required for the strip center would be one hundred fifty-five (155) parking spaces based on a one (1) to three hundred (300) parking ratio. If parking is calculated as typically required in a shopping center development (1 to 225) a total of two hundred six (206) parking spaces would be required. The office for the mini-warehouse would typically require six (6) parking spaces. The site plan indicates one hundred sixty-two (162) parking spaces. The development is proposed as a retail development with C-3, General Commercial District uses as allowable uses for the site. Staff has concerns with the parking should the center develop with a large amount of retail and restaurant space. Staff recommends the development maintain a use mix of office and retail which will not create a parking concern. Staff recommends limiting the retail portion of the development to seventy (70) percent and maintain thirty (30) percent of the space for office uses. December 3, 2009 SUBDIVISION ITEM NO.: 15 (Cont.) FILE NO.: Z-7920-B 8 The hours of operation for the retail portion of the site are from 7:00 am to 12:00 pm Monday through Sunday. The hours of operation for the mini-warehouse portion of the development are from 6:00 am to 10:00 pm Monday through Sunday. The property is located outside the City limits of Little Rock but is contiguous on the northern perimeter. The applicant has indicated the property will be annexed into the City once the zoning request is approved and prior to development. The site plan indicates a single ground sign located on Kanis Road to serve the development. The sign is proposed consistent with signage 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 to comply with signage allowed in commercial zones or a maximum of ten (10) percent of the total façade area abutting a public street. The retail buildings are proposed with wall signs facing into the development as typically allowed in shopping center developments. The request includes a variance request from the City’s Land Alteration Ordinance to allow grading of the Phase II portion of the development with the construction of a building within the Phase I portion of the development. The applicant has indicated the advanced grading is necessary to balance the site and eliminate the need to hall excess materials or bring in fill materials at the time of development. Staff is supportive of the request. To staff’s knowledge there are no outstanding technical issues in need of addressing related to the proposed development. Staff feels the development as proposed is an appropriate use of the site. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends the use mix of the two commercial building portion of the development contain a maximum of seventy (70) percent retail uses and maintain a minimum of thirty (30) percent office uses. Staff recommends approval of the buffering on the eastern and western perimeters as proposed by the applicant. Staff recommends approval of the variance request from the Land Alteration Ordinance to allow grading of the Phase II portion of the development with the construction of a building within the Phase I portion of the development. December 3, 2009 SUBDIVISION ITEM NO.: 15 (Cont.) FILE NO.: Z-7920-B 9 PLANNING COMMISSION ACTION: (DECEMBER 3, 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 the use mix of the development contain a maximum of seventy (70) percent retail uses and maintain a minimum of thirty (30) percent office uses. Staff also presented a recommendation of approval of the buffering on the eastern and western perimeters as proposed by the applicant. Staff presented a recommendation of approval of the variance request from the Land Alteration Ordinance to allow grading of the Phase II portion of the development with the construction of a building within the Phase I portion of the development. There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 9 ayes, 0 noes, 0 absent and 2 open positions. December 3, 2009 ITEM NO.: 16 FILE NO.: Z-8118-A NAME: 18220 Cantrell Road Short-form PCD Time Extension LOCATION: Located at 18220 Cantrell Road DEVELOPER: Desiderio Juarez 18220 Cantrell Road Little Rock, AR 72223 ENGINEER: Crafton Tull and Associates 10825 Financial Center Parkway, Suite 300 Little Rock, AR 72211-3554 AREA: 1.85 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: PCD ALLOWED USES: Mixed Use Commercial 80% - Office 20% PROPOSED ZONING: PCD – Time Extension PROPOSED USE: Mixed Use Commercial 80% - Office 20% VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: The Little Rock Board of Directors zoned this site to PCD on February 6, 1990, by the adoption of Ordinance No. 15,813. The rezoning was a part of a larger effort to rezone the area “west of the city limits and north of Denny Road” as a part of implementation of the land use regulation of the extraterritorial planning area. The rezoning effort recognized existing businesses in the area and established a Business Node in this area. This site was rezoned to PCD to recognize an existing custom window covering and blind company which was operating from the single-family home. On March 20, 2003, the Little Rock Planning Commission approved a request for the placement of seasonal sale of Class C 1.4G Common Fireworks. The company proposed the placement of a temporary tent on the site for the seasonal sale of December 3, 2009 SUBDIVISION ITEM NO.: 16 (Cont.) FILE NO.: Z-8118-A 2 fireworks. The sale of fireworks was proposed from June 20th through July 4th each year. The request was denied by the Board of Directors at their May 6, 2003, public hearing. On January 16, 2007, the Little Rock Board of Directors adopted Ordinance No. 19,678 rezoning the site from R-2, Single-family to PCD. The project contained 1.85 acres and was located on the northwest corner of Cantrell Road and North Ridge Road. The approval allowed the development of the property as a commercial site to include a 21,000 square foot, two story building with an approximate ratio of 80 percent retail/commercial and 20 percent office uses. The approval allowed C-1 uses as allowable uses. Building signage was approved as typically allowed per the Highway 10 Design Overlay District as a single ground mounted monument style sign near the street intersection with a maximum height of 10-feet and a maximum sign area of 100 square feet. A. PROPOSAL/REQUEST: As stated 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 (3) 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 (2) years. Time extensions shall be applied for by formal written request not less than ninety (90) 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. According to the applicant, based on the current economic climate, it is difficult to secure financing and the demand for new construction of retail and office uses has declined. The applicant has indicated the two (2) additional years will allow the economic climate to recover and allow the project to move forward. B. EXISTING CONDITIONS: The site contains an existing single-family structure used as a residence. The areas to the west and south are currently zoned PCD. Located further east there is a site zoned PCD for the FFLS Company, a financial form company and a church on R-2 zoned property adjacent to Patrick Country Road. South of the site is a PCD for two separate restaurants. December 3, 2009 SUBDIVISION ITEM NO.: 16 (Cont.) FILE NO.: Z-8118-A 3 The area is a mix of single-family and non-residential uses on large tracts in a rural setting. East of the site is the Ranch Development with a mix of Commercial, Office and Multi-family zoning and south of Highway 10 are single-family subdivisions, Aberdeen and Maywood Manor. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a few informational phone calls from the area property owners. All property owners located within 200-feet of the site, all residents, who could be identified, located within 300 feet of the site, the Coalition of West Little Rock Neighborhoods, the Maywood Manor Neighborhood Association and the Aberdeen Property Owners Association were notified of the public hearing. I. STAFF RECOMMENDATION: Staff recommends approval of the request for a two-year time extension for the proposed development subject to compliance with all previously approved comments and conditions. PLANNING COMMISSION ACTION: (DECEMBER 3, 2009) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the requested two-year time extension for the proposed development subject to compliance with all previously approved comments and conditions. There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 9 ayes, 0 noes, 0 absent and 2 open positions. December 3, 2009 ITEM NO.: 17 FILE NO.: Z-8445-A NAME: C Street Surgery Center Revised Short-form POD LOCATION: Located at 5910 C Street DEVELOPER: University Properties 409 North University Avenue Little Rock, AR 72205 ENGINEER/SURVEYOR: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 0.45 acres NUMBER OF LOTS: 1 Zoning Lot FT. NEW STREET: 0 LF CURRENT ZONING: PD-O ALLOWED USES: Surgery Center PROPOSED ZONING: PD-O PROPOSED USE: Surgery Center – Temporary Use Existing Structure OVERLAY DISTRICT: Mid-Town Design Overlay District VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: Ordinance No. 20,114 adopted by the Little Rock Board of Directors on August 3, 2009, rezoned the site from R-3, Single-family to PD-O to allow construction of a surgery center on the site. The property contained two (2) single-family structures which would be removed to allow the new construction. The building was proposed with 8,780 square feet containing four (4) operating rooms and ten (10) prep and recovery rooms. Two (2) doctors would operate from the facility. December 3, 2009 SUBDIVISION ITEM NO.: 17 (Cont.) FILE NO.: Z-8445-A 2 A. PROPOSAL/REQUEST: The applicant is now requesting use of one (1) of the existing structures for a temporary administrative office use for the adjacent surgery center. The applicant has indicated the use of the property will be the administrative offices of the adjacent medical office/surgery center until the design documents have been drafted for the surgery center. No exterior modifications will be made to the existing structure. Once the design documents have been completed the two (2) structures will be removed and the surgery center will be constructed as approved on the original site plan. The Bill of Assurance for the Howard Adams and R.D. Plunkett’s Subdivision was filed in August of 1959 and has since expired. B. EXISTING CONDITIONS: There are occupied single-family homes located on the two (2) lots proposed for rezoning. The parking lot area located to the west of the two (2) homes is currently zoned R-3, Single-family. To the north are single-family homes and to the east are two additional homes. An area zoned PD-O located north of the parking lot has been developed as parking to serve the doctors offices to the west. South of the site is the Mid-towne Shopping Center and southeast are single-family homes and multi-family housing. West of the site is a parking area serving the medical offices fronting North University Avenue. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a few informational phone calls from the area property owners. All property owners located within 200-feet of the site, all residents, who could be identified, located within 300 feet of the site, the Hillcrest Residents Neighborhood Association and the Mid-Town Advisory Review Committee were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Due to the proposed use of the property, the Master Street Plan specifies that C Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 2. With site development, provide the design of the street conforming to the Master Street Plan. Construct one-half street improvement to C Street including 5-foot sidewalks with the planned development. The new back of December 3, 2009 SUBDIVISION ITEM NO.: 17 (Cont.) FILE NO.: Z-8445-A 3 curb should be located 18 feet from the centerline of the street and match the curb of the property to the west. 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). E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer service available to this project. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact 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. Contact Central Arkansas Water regarding the size and location of the water meter. Fire Department: Fire hydrants will be required. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Heights Hillcrest Planning District. The Land Use Plan shows Office for this property. The applicant has applied for a revised Planned Development Office to allow temporary use of the existing structure as an office for the adjacent medical office/surgery center. The long term use of the property is to allow the removal of two (2) homes and the construction of a medical office/surgery center. This area is located within the Midtown Design Overlay District, so all designs should reflect these design December 3, 2009 SUBDIVISION ITEM NO.: 17 (Cont.) FILE NO.: Z-8445-A 4 standards. The proposed land uses in the Planned Development are consistent with the Office Category. Master Street Plan: C Street is shown as a Local Street. The primary function of a Local Street is to provide access to adjacent properties. Local Streets which are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. These streets have a design standard the same as a Collector. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes in the immediate vicinity. Neighborhood Action Plan: This area is covered by the Hillcrest Neighborhood Plan. Their Zoning and Land Use goal states: “Adopt a plan of action to stop the degradation, to reverse its course, and to recreate a neighborhood that is once again a pleasant place to work and live. This includes no net loss of residential units by demolition or conversion to other uses.” Landscape: All previous comment apply to any new development of the site. G. SUBDIVISION COMMITTEE COMMENT: (November 12, 2009) The applicant was not present. Staff presented the item to the Committee members stating the proposed use of the property was a temporary use as the administrative offices for the adjacent medical office/surgery center to allow design documents to be created for the new surgery center. Staff stated the most pressing issue was correcting the drainage problem related to the adjacent parking lot. Staff reminder the Committee members this was a point of discussion during the previous review process. Staff stated they would work with the owner to determine if the drainage could be rerouted now as opposed to during the future construction phase. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: There were no outstanding technical issues associated with the request in need of addressing via a revised site plan raised at the November 12, 2009, Subdivision Committee meeting. The request is to allow one of the existing single-family structures to be used as administrative offices for the adjacent surgery center on a temporary basis. The temporary use will be until the design documents have been drafted for the surgery center. There will be no exterior December 3, 2009 SUBDIVISION ITEM NO.: 17 (Cont.) FILE NO.: Z-8445-A 5 modifications made to the existing structure. Once the design documents have been completed the two (2) single-family structures will be removed and the surgery center will be constructed as approved on the original site plan. During the original approval process there was a great deal of discussion concerning the adjoining parking lot drainage onto two (2) properties located to the north. The developer agreed during the review process to reconstruct the outfall for the parking lot and drain the parking lot across the rear of this property and the adjacent lot to the east. Staff feels this should be completed at this time and not put off until the new construction begins. To staff’s knowledge there are no other outstanding issues associated with the request. Staff feels the use of the property as temporary offices for the adjacent medical office/surgery center is an appropriate use for the property. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends the outfall for the adjacent parking lot be reconstructed with the current application request. PLANNING COMMISSION ACTION: (DECEMBER 3, 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 also presented a recommendation the outfall for the adjacent parking lot be reconstructed with the current application request. There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 9 ayes, 0 noes, 0 absent and 2 open positions. December 3, 2009 ITEM NO.: 18 FILE NO.: Z-8501 NAME: Stanton Optical Short-form PCD LOCATION: Located at 112 South University Avenue DEVELOPER: Stanton Optical 4800 N. Federal HWY #201B Boca Raton, FL 33431 ARCHITECT: The Core Group 203 Dixie Boulevard Delray Beach, FL 33444 AREA: 0.39 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: C-3, General Commercial District ALLOWED USES: General Retail Uses PROPOSED ZONING: PCD PROPOSED USE: C-3, General Commercial District uses OVERLAY: Mid-town Design Overlay District VARIANCES/WAIVERS REQUESTED: None requested. The applicant submitted a request dated November 19, 2009, requesting a deferral of this item to the January 14, 2010, public hearing. The applicant has indicated they are working to determine if the redevelopment of the property exceeds fifty percent of the structure’s current replacement value. PLANNING COMMISSION ACTION: (DECEMBER 3, 2009) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated November 19, 2009, requesting a deferral of this item to the January 14, 2010, public hearing. Staff December 3, 2009 SUBDIVISION ITEM NO.: 18 (Cont.) FILE NO.: Z-8501 2 stated the applicant was working to determine if the redevelopment of the property exceeded fifty percent of the structure’s current replacement value. There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 9 ayes, 0 noes, 0 absent and 2 open positions. December 3, 2009 ITEM NO.: 19 FILE NO.: Z-8502 NAME: Gadberry Short-form PD-R LOCATION: Located at 720 Ash Street DEVELOPER: Brady and Jennifer Gadberry 720 Ash Street Little Rock, AR 72205 SURVEYOR: Brooks Surveying 20820 Arch Street Pike Hensley, AR 72065 ARCHITECT: Scott Smith Associates 2701 Kavanaugh Boulevard, Suite 208 Little Rock, AR 72205 AREA: 0.17 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: R-5 ALLOWED USES: Single-family and Multi-family PROPOSED ZONING: PD-R PROPOSED USE: Single-family DESIGN OVERLAY DISTRICT: Hillcrest Design Overlay District VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: The request is a rezoning from R-5 to PD-R to allow the construction of a new single-family home located at 720 Ash Street. The owners have worked with various builders and they have determined the existing foundation will not December 3, 2009 SUBDIVISION ITEM NO.: 19 (Cont.) FILE NO.: Z-8502 2 support the new construction proposed. The owners must remove the existing structure to allow construction of the new space. The applicant is proposing to construct the new home with similar characteristics as the existing home. The existing home sits beyond the setback but the front porch and steps cross the setback line. The home was originally constructed in 1927. Due to the location of the porch and steps, a rezoning to PD-R must be sought. The home will be constructed in craftsman style with exposed rafter tails and brackets. The structure will contain brick veneer, painted wood trim, and double hung windows. The front portion of the house is proposed as two (2) story with the rear portion one (1) story. The structure will have a front porch with wood columns. The rear will have a screened porch. The roof is proposed as a 5:12 with shingles. The structure is proposed with 3,470 square feet (2,350 square feet lower level 1,120 square feet upper level). The unit will have a detached carport off the alley. The lot coverage proposed is 47% and the floor to area ratio is 49%. B. EXISTING CONDITIONS: The property is located within an area of Hillcrest which contains both single-family and multi-family uses. The multi-family uses include duplexs as well as multi-unit apartment buildings. A property located to south was recently rezoned from R-5 to PD-R to allow construction of a garage with alley access which exceeded the rear lot coverage allowed per the Hillcrest DOD. West of the property is a parcel zoned PD-R which was approved as a duplex unit with a rear garage and an apartment above the garage. South of the site, along Kavanaugh Boulevard, there are commercial and office uses. Ash Street is a residential street. The homes located along Ash Street are constructed with a similar setback as the applicant is request. The Bill of Assurance for this area was filed in March of 1903 and outlined the division of land and the dedication of public rights-of-way. The Bill of Assurance is not legible to determine if it has since expired. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a few informational phone calls from the area property owners. All property owners located within 200-feet of the site, all residents, who could be identified, located within 300 feet of the site and the Hillcrest Residents Association were notified of the public hearing. December 3, 2009 SUBDIVISION ITEM NO.: 19 (Cont.) FILE NO.: Z-8502 3 D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Measures to control the increase in stormwater runoff from impervious surface should be implemented to not damage adjacent property. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer service available to this project. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Fire Department: Fire hydrants may be required. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is located near CATA Bus Route #1 – the Pulaski Heights Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Heights Hillcrest Planning District. The Land Use Plan shows Residential High Density for this property. The applicant has applied for a rezoning Short-form PD-R. This area is located within the Hillcrest Design Overlay District, so all designs should reflect these design standards. While this use is not as dense as the Residential High Density Category, the application is consistent with the existing use pattern in the neighborhood. The area is a mix of single family and multifamily uses in a traditional neighborhood. The application would not change the use of the site. Master Street Plan: Ash Street is shown as a Local Street. The primary function of a Local Street is to provide access to adjacent properties. Local Streets which are abutted by non-residential zoning/use or more intensive zoning than December 3, 2009 SUBDIVISION ITEM NO.: 19 (Cont.) FILE NO.: Z-8502 4 duplexes are considered as “Commercial Streets”. These streets have a design standard the same as a Collector. Bicycle Plan: There are no bike routes in the immediate vicinity. Neighborhood Action Plan: The Hillcrest Neighborhood Plan’s Land Use and Zoning Goal states: “develop the Hillcrest Overlay District that will require Planned Unit Development for reclassification/redevelopment of land use (zoning), density, setbacks, of other changes to the existing infrastructure of the neighborhood.” This has since been done and this Planned Development is a direct result of the Design Overlay District. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (November 12, 2009) The applicant was not present. Staff presented the item stating there were few outstanding technical issues in need of addressing prior to the Commission acting on the request. Staff stated the lot coverage and floor area ratio were both within the limits to the Hillcrest DOD. Staff stated the building setback compared to the adjacent two homes was not consistent with that as allowed per the DOD but was proposed in the exact location as the porch on the existing home. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: There were no outstanding technical issues in need of addressing raised at the November 12, 2009, Subdivision Committee meeting. The rezoning request is from R-5 to PD-R to allow construction of a new single-family home. The structure is proposed crossing the front setback line. The site is located within the Hillcrest Design Overlay District. The DOD outlines development criteria for residential development including floor area ratio, lot coverage and building height. The DOD also addresses front setback lines and the placement of new structures as they relate to adjoining structures. The structure is proposed with 3,470 square feet (2,350 square feet lower level 1,120 square feet upper level) with a detached carport off the alley. The lot is a typical Hillcrest lot or a 50-foot by 140-foot lot containing 7,000 square feet. The floor area ratio is defined as the total area of all floors of the principal structure as measured to the outside surfaces of the exterior walls and including halls, stairways, elevator shafts, and attached garages divided by the area of the lot. The floor to area ratio states the floor area of the principal building/gross size of December 3, 2009 SUBDIVISION ITEM NO.: 19 (Cont.) FILE NO.: Z-8502 5 the lot. Structures with more than one floor shall not have a floor area greater than 0.37 FAR. For residential structures with two floors, the FAR shall be 0.50 percent. The maximum lot coverage for all structures under roof shall not exceed fifty (50) percent. The lot coverage proposed is 47% and the floor to area ratio is 49%. The reason for the requested rezoning is the front porch and steps of the existing structure sit across the 25-foot front setback. The home was originally constructed in 1927. The DOD states all setbacks shall be as required for the Zoning District except the front yard setback for the principal structure shall be aligned with the current setbacks of the adjoining residential structures within a ten (10) percent variation, but no structure may be within the setback. The structure is proposed with a front setback line of 20.3 feet which is within the required 25-foot front setback of the R-5, Zoning District. Also the adjoining structures are located 22-feet and 29.7-feet from the right of way which would require this structure to be located at 23.04 feet. The applicant desires to maintain the current setback and not move the home back as would typically be required per the DOD. Staff is supportive of the requested PD-R and the front building setback as proposed. The develop appears to meet all other aspects of the DOD. To staff’s knowledge there are no remaining outstanding technical issues associated with the request. Staff feels the rezoning of the site from R-5 to PD-R to allow construction of a new single-family home will not 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. PLANNING COMMISSION ACTION: (DECEMBER 3, 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. There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 9 ayes, 0 noes, 0 absent and 2 open positions. December 3, 2009 ITEM NO.: 20 FILE NO.: Z-8503 NAME: The Residence at Brodie Creek Long-form PD-R LOCATION: Located on the Northwest Corner of West 36th Street and Bowman Road DEVELOPER: Richardson Properties, LLC 9800 Maumelle Boulevard Maumelle, AR 72113 ENGINEER: White Daters and Associates #24 Rahling Circle Little Rock, AR 72223 AREA: 41.9 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family ALLOWED USES: Single-family PROPOSED ZONING: PD-R PROPOSED USE: Multi-family VARIANCES/WAIVERS REQUESTED: 1. A variance from the Land Alteration Ordinance to allow advanced grading of Phase II with the construction of Phase I. 2. A waiver of the stormwater detention ordinance requirements. A. PROPOSAL/REQUEST: The project contains approximately 42 acres and is located near the northwest corner of West 36th Street and South Bowman Road. The developer is proposing the construction of 480 units of multi-family housing for a density of 11.45 units per acre. The project will consist of twenty (20) buildings with twenty-four (24) units per building. There will also be garages, carports and a maintenance building. The site will contain a wellness center and pool. The project is proposed as a gated community with a security fence around the perimeter. December 3, 2009 SUBDIVISION ITEM NO.: 20 (Cont.) FILE NO.: Z-8503 2 The property is not located within a subdivision therefore there is not a Bill of Assurance for this property. B. EXISTING CONDITIONS: This area of South Bowman Road contains primarily residential uses located on acreage. The site proposed for development is heavily wooded as is the property to the north. There are single-family homes located south of this site and further south is a parcel zoned O-2, Office and Institutional District which also contains single-family homes. East, across South Bowman Road, is wooded property currently zoned R-2, Single-family. Adjacent to this site South Bowman Road has not been constructed to Master Street Plan standards. There is no curb, gutter or sidewalk in place. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a few informational phone calls from the area property owners. All property owners located within 200-feet of the site, all residents, who could be identified, located within 300 feet of the site, the John Barrow Neighborhood Association and the Woodlands Edge Community Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Bowman Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. 2. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to Bowman Road including 5-foot sidewalks with the planned development. The new back of curb should be located 29.5 feet from the centerline of the street. 3. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). 4. 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. December 3, 2009 SUBDIVISION ITEM NO.: 20 (Cont.) FILE NO.: Z-8503 3 5. Due to the proposed number of units, an emergency access is required to be provided. 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 special Grading Permit for Flood Hazard Areas will be required per Section 8-283 prior to construction. 9. 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. 10. In accordance with Section 31-176, floodway areas must be shown as floodway easements or be dedicated to the public. In addition, a 25 foot wide access easement is required adjacent to the floodway boundary. 11. Street improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. 12. Streetlights are required by Section 31-403 of the Little Rock code. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting/certificate of occupancy. Contact Traffic Engineering 379-1813 (Steve Philpott) for more information. 13. The proposed driveway should intersect Bowman Road at a 90 degree angle. 14. Provide a sketch grading and drainage plan. If retaining walls or cut are proposed and the heights exceeds 15 feet for each wall or 30 feet of total height and variance is required to be obtained. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required with easements for this project. Contact Little Rock Wastewater Utility for additional information. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. A Capitol Investment Charge is applicable to all connections off the waterlines along Bowman Road as well as December 3, 2009 SUBDIVISION ITEM NO.: 20 (Cont.) FILE NO.: Z-8503 4 the 24". 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. A water main extension will be needed to provide water service to this property. Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. A 24-inch water line crosses this site within a 15-foot wide waterline easement on southwest side of property. Care must be taken to protect the water line and any appurtenances, such as access and air release vaults which may be in the area. No signs, light poles, dumpster pads or other structures on foundations will be allowed within the existing 50-foot waterline easement. Paved parking and driveways are allowed. Fire Department: Fire hydrants will be required. The development must maintain a 20-foot minimum gate opening. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located near a dedicated CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Ellis Mountain Planning District. The Land Use Plan shows Residential Medium Density for this property. The applicant has applied for a Long-form PRD. The proposed land uses in the Planned Development are consistent with the Residential Medium Density Category. Master Street Plan: Bowman Road and West 36th Street are both Minor Arterials on the Master Street Plan. West 36th Street is proposed to continue west from this intersection as a Minor Arterial. Additionally, the Master Street Plan shows a Collector heading north from the West 36th Street extension up to South Trail Drive. This Collector may go through, be adjacent or just west of this development. As part of this application a more exact location for the Collector must be determined. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short December 3, 2009 SUBDIVISION ITEM NO.: 20 (Cont.) FILE NO.: Z-8503 5 distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on these streets since they are Minor Arterials. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class II bike route is shown along Bowman Road. A Class II bikeway is located on the street as either a five foot (5’) shoulder or six foot (6’) marked bike lane. Additional paving and right-of-way may be required. Neighborhood Action Plan: There is not a neighborhood plan for this area. Landscape: 1. Site plan must comply with the City’s minimal landscape and buffer ordinance requirements. 2. The landscape ordinance requires a minimum of 8 % of the paved areas be landscaped with interior islands of at least 7 ½ feet in width and 300 square feet in area. 3. Interior islands must be a minimum of three hundred (300) feet in area to receive credit toward fulfilling landscape ordinance requirements. These islands are to be evenly distributed throughout the site. 4. The property to the north, south, east and the west is zoned residential, therefore, a six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the northern, southern, eastern and western perimeters of the site. 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 tree covered site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (November 12, 2009) The applicant was not present. Staff presented the item stating the development was proposed as a multi-family development at a density consistent with the City’s Future Land Use Plan. Staff stated there were few outstanding technical issues in need of addressing related to the site plan. Staff stated they and the applicant had met a number of times to discuss the site plan, the alignment of December 3, 2009 SUBDIVISION ITEM NO.: 20 (Cont.) FILE NO.: Z-8503 6 South Bowman Road and the location of the north/south collector street identified on the Master Street Plan. Staff stated they had determined the collector street located in the area should be located on the west side of the creek and not on this site. Staff stated this would allow a north/south connection on both sides of the creek. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing the issues outlined for the November 12, 2009, Subdivision Committee meeting. A secondary access has been included on the site plan along the northern perimeter as required by the State fire code. The developer has also provided building elevations showing the structures as three (3) story with a maximum building height of 45-feet. The site plan indicates the placement of perimeter fencing constructed of vinyl on the north and south property lines and a brick column and wrought iron fence on the east abutting South Bowman Road. All fencing is proposed eight (8) feet in height. The brick columns are proposed with a maximum height of ten (10) feet. The site plan indicates a minimum of a 50-foot buffer along the street and eastern perimeter. There is a sixty-foot land use buffer in addition to the Brodie Creek located along the western perimeter. On the northern perimeter the buffer is 30-feet along the rear of buildings 17 – 20 and increases to 50 feet in the western portion of the site. The southern land use buffer behind buildings 1 – 6 is indicated as 30-feet. The site is proposed with 20 buildings of multi-family housing, 1 clubhouse, 1 maintenance building and covered parking both in the form of garages and carports. There are a total of 480 units proposed. Of the units 160 are 1-bedroom, 200 are 2-bedroom and 120 are 3-bedroom. The site plan indicates large areas of open space and there is a playground area identified on the site plan. The playground area is to include stationary recreational equipment. The parking indicated on the plan consists of a garage parking, carport parking and surface parking. A maximum of 100 garages and 100 carports are proposed. The site plan indicates a total of 993 surface parking spaces. Based on the typical minimum parking required for a multi-family development a total of 720 parking spaces would typically be required. The parking indicated is more than adequate to serve the development. December 3, 2009 SUBDIVISION ITEM NO.: 20 (Cont.) FILE NO.: Z-8503 7 The applicant has provided a rendering of the proposed sign. The sign is indicated with a maximum height of 8’1½” tall and a maximum width of 16’6”. The sign is proposed with a variation in height constructed of similar materials as the apartment units. The lettered sign area is indicated containing 46 square feet. The right of way for South Bowman Road will be dedicated and street improvements will be completed to one-half of a 59-foot street with a 5-foot sidewalk with the development of Phase I. The development is proposed in two (2) phases with the clubhouse, maintenance building and apartment buildings 1 – 6 and 17 – 20 constructed in the first phase. Buildings 7 – 16 will be completed in the second phase. The development is proposed as a gated community. Each gate will have an entrance and exit drive. Both drives will maintain a 20-foot minimum gate opening as required by the fire department. Staff does not support an in-lieu payment for stormwater detention. The site is approximately 41 acres and is in the upper reaches of the Brodie Creek watershed. Much development has occurred downstream of the site in which Public Works receives a number of drainage complaints. Drainage problem are common in the Cherry Creek, Tall Timber and Pecan Lake areas. Staff believes stormwater detention should be provided on site. Staff is supportive of the request to allow rezoning of the site from R-2, Single-family to PD-R to allow the development of the site with multi-family housing. The property is identified on the City’s Future Land Use Plan as Residential Medium Density. This classification allows for single-family attached, single-family detached, duplex, town homes, multi-family and patio or garden homes. The density allowed in this classification is between six (6) and twelve (12) dwelling units per acre. This development is proposed with an overall density of 11.45 units per acre. 13.2 percent of the site will be covered with buildings and 45.7 percent of the site covered in paving. The remaining 41.1 percent is dedicated to landscaping and common open space. Staff feels the development of the site as proposed is appropriate and should not have an adverse impact on the adjoining properties. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. December 3, 2009 SUBDIVISION ITEM NO.: 20 (Cont.) FILE NO.: Z-8503 8 Staff recommends approval of the variance request to allow grading of the Phase II portion of the development with the issuance of a building permit for the Phase I portion of the development. Staff recommends stormwater detention be provided on site with the development of the project. PLANNING COMMISSION ACTION: (DECEMBER 3, 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 of approval of the variance request to allow grading of the Phase II portion of the development with the issuance of a building permit for the Phase I portion of the development. Staff also presented a recommendation the stormwater detention be provided on site with the development of the project. There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 9 ayes, 0 noes, 0 absent and 2 open positions.