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pc_08 07 2008sub LITTLE ROCK PLANNING COMMISSION SUBDIVISION HEARING SUMMARY AND MINUTE RECORD AUGUST 7, 2008 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present being nine (9) in number. II. Members Present: Pam Adcock Valerie Pruitt Obray Nunnley, Jr. Troy Laha Jeff Yates William Rector Darrin Williams J. T. Ferstl Chauncey Taylor Members Absent: Jerry Meyer Lucas Hargraves City Attorney: Cindy Dawson III. Approval of the Minutes of the June 19, 2008 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION SUBDIVISION AGENDA AUGUST 7, 2008 OLD BUSINESS: Item Number: File Number: Title: A. Z-7605-C Chenonceau Commercial Lots 1 and 2 Short-form PCD, located on the Southeast corner of Cantrell Road and Chenonceau Boulevard. B. Z-8337 Ms. Bertha's Child Care Center Short-form PCD, located at 8215 Colonel Glenn Road. C. Z-4587-D Hunters Green Estates Lot 12 Revised Short-form PD-R, located at 51 Hunters Green Circle. D. Z-8350 Walker Short-form PD-R and Right of way abandonment for Cedar Street, located at 4001 Oakwood Road. E. S-1540-A 8622 Chicot Road Subdivision Site Plan Review, located at 8622 Chicot Road. NEW BUSINESS: I. PRELIMINARY PLATS: Item Number: File Number: Title: 1. S-1544-A Ventana Ridge Revised Preliminary Plat, located on the South side of Lawson Road, approximately 1 mile West of the David O Dodd Intersection. 2. S-1538-B Gateway Town Center Revised Preliminary Plat, located on the Northwest corner of I-30 and I-430. Agenda, Page Two II. SITE PLAN REVIEW: Item Number: File Number: Title: 3. S-867-EEEEEEE Lot 1 Tract 94 Chenal Valley Apartments Subdivision Site Plan Review, located on the Southwest corner of LaGrande Drive and Rahling Road Extension. 4. S-1618 Rahling Heights Condominium Subdivision Site Plan Review, located on the West side of Rahling Road at Pebble Beach. III. PLANNED DEVELOPMENTS: Item Number: File Number: Title: 5. Z-4213-J The Look Out at Colonel Glenn Long-form PCD, located on the Northwest corner of Colonel Glenn Road and Lawson Road. 6. Z-4807-J Lot 3, Tract 94 Chenal Valley Long-form PCD, located on the Southwest corner of LaGrande Drive and Rahling Road Extension. 7. Z-4807-K Lot 2, Tract 94 Chenal Valley Long-form PD-R, located on the Southwest corner of LaGrande Drive and Rahling Road Extension. 8. LU08-18-01 A Land Use Plan Amendment in the Ellis Mountain Planning District from Mixed Office Commercial to Community Shopping located at the Southwest corner of Chenal Parkway and Kanis Road. 8.1 Z-6318-C Dairy Land Revised Long-form PCD, located on the Southwest corner of Chenal Parkway and Kanis Road. 9. Z-7603-E Cantrell Falls Lot 1 Short-form PCD, located at 14910 Cantrell Road. Agenda, Page Three III. PLANNED DEVELOPMENTS: (CONTINUED) Item Number: File Number: Title: 10. Z-8167-B Stifft Station Short-form PCD, located at 1001 Kavanaugh Boulevard. 11. Z-8233-A Lot 25, Longleaf Cove Short-form POD, located on the West side of South Katillus Road approximately 300 feet South of Cantrell Road. 12. Z-8235-A The Village at Hidden Creek Long-form PID, located North of Stagecoach Road near the County Line on Hidden Creek Boulevard, a new, not dedicated, City street. 13. LU08-09-02 A Land Use Plan Amendment in the I-630 Planning District located in the 3600 Block of West 11th Street from Single Family to Mixed Use. 13.1. Z-8367 BCD Empowerment Center Short-form POD, located at 3604 West 12th Street. IV. OTHER MATTERS: 14. Bylaw Amendment August 7, 2008 ITEM NO.: A FILE NO.: Z-7605-C NAME: Chenonceau Commercial Lots 1 and 2 Short-form PCD LOCATION: Located on the Southeast corner of Cantrell Road and Chenonceau Boulevard DEVELOPER: Orion Capital Partners 2200 North Rodney Parham Road, Suite 206 Little Rock, AR 72212 ENGINEER: White Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 3.19 acres NUMBER OF LOTS: 2 FT. NEW STREET: 0 LF CURRENT ZONING: C-3, General Commercial District ALLOWED USES: General Commercial PROPOSED ZONING: PCD PROPOSED USE: C-3, General Commercial District uses – Variation to the Highway 10 Design Overlay District VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: Preliminary plat containing eleven lots was approved by the Little Rock Planning Commission at their May 16, 1995, Public Hearing. The proposal included a commercial and office subdivision on a 16.66-acre tract. The site has frontages on both Cantrell Road and Chenonceau Boulevard. One interior cul-de-sac street, approximately 500 feet in length was proposed within the subdivision. Lots ranged in size from 0.8 acres to 2.14 acres, with the average lot size being 1.44 acres. The Final Plat for Lot 1 was executed on January 29, 1996. The Final Plat for Lot 2 was executed on December 19, 2003. The remaining lots have not been final platted. August 7, 2008 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-7605-C 2 On April 22, 2004, the Little Rock Planning Commission approved a site plan review to allow the construction of two buildings on this site, which was previously final platted as two lots. The lots were final platted consistent with the Highway 10 Design Overlay District with regard to lot size and building setbacks. The approval allowed the construction of a 2,700 square foot bank building located on the corner of Cantrell Road and Chenonceau Boulevard on Lot 1 and the construction of a retail building containing 12,000 square feet on Lot 2. The retail building was situated where it crossed the lot line requiring the applicant to seek a multiple building site plan review. The site plan included the development of 120 parking spaces to serve the development. The commercial building on Lot 2 has been constructed. The bank branch on Lot 1 has not been constructed. A. PROPOSAL/REQUEST: The applicant is now proposing a rezoning of the site from C-3, General Commercial District to PCD to allow a revision to the previously final platted lots and to allow the development of the site with a new drive-through restaurant. Lot 1R is proposed adjacent to Cantrell Road containing 1.45 acres. The building proposed for Lot 1R will contain 3,900 square feet of gross floor area. The lot is proposed containing 53 parking spaces. Lot 2R will be incorporated into the PCD. The building located on Lot 2R exists including the drives and parking. The building presently contains 12,000 square feet and the site contains 93 parking spaces. Lot 2R contains 1.74 acres. The development is proposed meeting the Highway 10 Design Overlay District requirements with the exception of the 2-acre minimum lot size requirement or the requirement for a single building per two acres. B. EXISTING CONDITIONS: The commercial portion of the development has been constructed and a portion of the corner lot has been graded. The property to the east is development as an office development through a POD. Two office buildings have been constructed, one occupied and one vacant, and a branch bank has been constructed adjacent to Cantrell Road. The area to the south of this site is vacant and zoned C-3, General Commercial District. To the southeast is a single-family subdivision, Chevaux Court. Across Chenonceau Boulevard at the intersection with Cantrell Road is property zoned C-3, General Commercial District. The property immediately south of the C-3, General Commercial District zoned property is zoned O-3, General Office District. Both properties are vacant of structures. North of the site, across Cantrell Road, is the Ranch Development. The area is developing as a mixed use development with office and commercial uses. August 7, 2008 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-7605-C 3 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 the Aberdeen Court Property Owners Association, the Bayonne Place Property Owners Association, the Johnson Ranch Neighborhood Association and the Chevaux Court Property Owners Association were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 2. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. 3. Per the Master Street Plan, 3 lanes shown should be designed on Chenonceau Boulevard; 1- left, 1-thru, and 1-right. Modifications should be made to the median to provide for this design. Please contact Bill Henry, Traffic Engineering, at 379-1816 for additional information. 4. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). 5. Coordinate design of traffic signal upgrade with proposed street improvements. Plans to be forwarded to Traffic Engineering for approval. 6. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this property. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: A 15-foot wide easement will be required, 7.5 feet on both sides of the existing water main adjacent to the south side of Cantrell Road. August 7, 2008 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-7605-C 4 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. 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). Fire Department: Verify with Central Arkansas Water the shared private fire hydrant agreement. Contact Central Arkansas Water at 377-1225. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Chenal Planning District. The Land Use Plan shows Commercial for this property. The applicant has applied for a Planned Commercial Development to allow the construction of a new restaurant with a drive through window. The proposed development is proposed with a variation to the Highway 10 Design Overlay District to allow the creation of a lot with less than the two acre typical minimum lot size per the Overlay District. The request does not require a change to the Land Use Plan. Master Street Plan: Cantrell Road is shown as a Principal Arterial. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Chenonceau 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 and pedestrians on these streets, and 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 bike route is shown along Chenonceau 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 not covered by a City of Little Rock Neighborhood Action Plan. August 7, 2008 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-7605-C 5 Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements and the Highway 10 Design Overlay District. 2. It appears the parking lot is also encroaching into the forty-foot (40’) landscape strip along Highway 10. 3. One additional island is needed along the parking area, adjacent to Highway 10. 4. Screening of the parking areas is required along Highway 10. 5. The striped areas shown can be changed to green spaces. This allows for more permeable surface areas thus less run-off. 6. An automatic irrigation system to water landscaped areas will be required. 7. 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. 8. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (April 17, 2008) Mr. Joe White of White Daters and Associates was present representing the request. Staff provided an overview of the proposed development stating the developers were seeking a rezoning of the site from C-3, General Commercial District to PCD to allow for the development of this 3+ acre site with two buildings. Staff stated the Highway 10 Overlay typically required a minimum lot size of two acres and the development of one building per two acres. Staff requested Mr. White provide the proposed signage including building signage and ground mounted signage. Staff stated the parking along the eastern perimeter appeared to encroach into the 40-foot landscape strip as typically required per the Highway 10 Design Overlay District. Public Works comments were addressed. Staff stated the storm water detention ordinance would apply to development of the site. Staff also stated any plans for construction in the right of way would require approval by staff prior to beginning construction. Staff stated Chenonceau Boulevard would require widening to three lanes along the sites western perimeter. Staff stated one left, one through and one right lane would be required. August 7, 2008 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-7605-C 6 Landscaping comments were addressed. Staff stated screening of the parking area along Cantrell Road was required and questioned the mechanism the developer would employee to provide the required screening. Staff stated the site would require a landscape plan stamped with the seal of a registered landscape architect. Staff noted comments from the various other reporting departments and agencies. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing most of the issues raised at the April 17, 2008, Subdivision Committee meeting. The revised site plan indicates signage to comply with the Highway 10 Design Overlay District, building signage to comply with signage typically allowed in commercial zones and indicated the parking within the front yard does not encroach into the 40-foot landscape strip. The site is currently zoned C-3, General Commercial District and is located in an area covered by the Highway 10 Design Overlay District. The developers are requesting a rezoning of the site from C-3, General Commercial District to PCD to allow a variation in the typical overlay standard. The variation being requested is to allow the creation of lots less than the two (2) acre typical minimum ordinance standard or to allow the construction of two (2) buildings on less than four (4) acres. Below is a listing of the Overlay requirements and the applicant’s proposal related to each of the items. Highway 10 DOD Requirements: Applicant’s proposal: Lot size. There shall be a minimum development tract size of not less than two (2) acres. Lot 1R contains 1.45 acres Lot 2R contains 1.74 acres Variation from the Overlay Standard. Front yard. All principal and accessory buildings or structures are required to have a one-hundred-foot building setback from the property line abutting Highway 10. The building line is indicated in excess of 100-feet. Rear yard. Rear yard shall not be less than forty (40) feet. The building is set in excess of the 40-foot rear yard setback. Side yard. Side yard shall not be less than thirty (30) feet. The side yard is setback in excess of the 30-foot side yard setback. August 7, 2008 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-7605-C 7 Landscaping treatment. Landscaped areas shall attempt to incorporate existing on-site trees and shrubbery into the landscaping scheme and the plans shall indicate such incorporation. No trees located on site. Landscaped areas shall have water sprinkler systems to maintain plant materials. All landscaped areas will have sprinkler systems installed. Erosion retardant vegetation shall be used on all cuts and fills. All erosion controls of the City will be followed. Tree species to be planted within this corridor should be consistent with other species present. Tree species planted will be consistent with outer species located in the area. The Highway 10 frontage (front yard) shall consist of a minimum of forty (40) feet of landscaped area exclusive of right-of-way. The landscaped area shall contain organic and/or combined man-made/organic features as berms, brick walls and dense plantings such that vehicular use areas are screened when viewed from an elevation of forty-two (42) inches above the elevation of the adjacent street. Alternative screening methods and designs must be approved by the plans review specialist. Appeals from the staff will be directed to the planning commission. Within the landscaped area trees shall be planted or be existing at least every twenty (20) feet and have a minimum of two (2) inches in diameter when measured twelve (12) inches from the ground at time of planting. Where a developer demonstrates that this requirement will constitute an undue hardship, a landscaped area exclusive of right-of-way may consist of a minimum of twenty-five (25) feet. In those instances only, a half-berm shall be constructed The front yard is indicated with a minimum landscape area of 40-feet exclusive of the right of way. The landscaped area will contain organic and/or man-made/organic features such as a berm to screen the vehicular use areas as typically required per the Highway 10 Design Overlay District. August 7, 2008 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-7605-C 8 which is a minimum of three (3) feet in height with tree plantings as required herein; provided however, that this provision may only be applied to a maximum of twenty (20) percent of the highway frontage affected in the plans submitted. Rear and side yards shall have a landscaped buffer averaging a minimum of twenty-five (25) feet from the property line. Where such yards abut a street right-of- way, a fifteen-foot landscaped strip shall be required adjacent to land zoned office and residential. A seven-foot landscaped strip shall be required when adjacent to lands zoned commercial. The western side yard shall have a landscape strip averaging a minimum of 25-feet from the property line. The eastern and rear property lines are located adjacent to an access easement which typically does not require the placement of landscape strips. Signage. Signage shall comply with the provisions of article X of Chapter 36 of the Little Rock Code of Ordinances, except as follows: Commercial development signage. Signage identifying the commercial development shall not exceed ten (10) feet in height and one hundred (100) square feet in area. All signs that are ground- mounted shall be of a monument type design. These signs may be installed in the landscaped area of the front and side yards. Commercial building signage. Each separate commercial building will be allowed a single monument ground- mounted sign located on the building site or in the landscaped front yard of the commercial development. The sign shall be a maximum of six (6) feet in height and seventy-two (72) square feet in area. The development will not utilize a commercial development sign. The lot will contain a single ground mounted monument sign with a maximum height of the six feet and 72 square feet in area. Curb cuts. Maximum, one (1) curb cut per three hundred (300) feet and no curb cut No new curb cuts are proposed with the development. August 7, 2008 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-7605-C 9 closer to an intersection than one hundred (100) feet. Lighting. Parking lot lighting shall be designed and located in such manner so as not to disturb the scenic appearance preserved in this corridor. Lighting should be directed to the parking areas and not reflected into the adjacent neighborhoods. Lighting shall comply with the DOD standards. Lighting will be directed to the parking areas and not reflect into the adjacent neighborhoods. Building sites. The maximum number of buildings per commercial development shall be measured both by minimum tract size and minimum frontage as follows: One (1) building every two (2) acres. The site contains 3.19 acres and is proposed with two lots and a single building on each of the lots. The proposed development is not meeting this typical overlay standard. Variation from the Overlay Standard. Commercial developments and multiple building sites. In the case of a commercial development or other development involving multiple building sites, whether on one (1) or more platted lots, the above described regulations shall apply to the development as an entire tract rather than to each platted lot. Developments of this type shall be reviewed by the City through a site plan review process which illustrates compliance with this article. Property, due to topography, size, irregular shapes or other constraints, such as adjacent structures or features which significantly affect visibility, and thus cannot be developed without violating the standards of this article shall be reviewed through the planned unit development (PUD) section of the zoning ordinance, with the intent to devise a workable development plan which is consistent with the purpose and intent of the overlay standards. The request is to rezone the site from C-3, General Commercial District to PCD to allow the creation of lots less than the two (2) acre typical minimum lot size requirement. August 7, 2008 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-7605-C 10 The site plan indicates the placement of 15,900 square feet of building area. The proposed uses are the allowable uses per the C-3, General Commercial Zoning District. The site plan indicates the placement of 145 parking spaces. There are 108 parking spaces located on the site and an additional 37 spaces will be provided with the new construction. Based on the typically minimum parking requirements for a shopping center and a restaurant use 92 parking spaces would typically be required. The site plan indicates the placement of 11.4 percent of the site covered with buildings, 34.5 percent landscaped and 54.1 percent paved. The site lighting will be consistent with lighting per the Highway 10 Design Overlay District. All lighting will be directed downward and into the site not over spilling to the adjacent residential properties. The site plan indicates the dumpster service hours will be limited to 7:00 am to 5:00 pm. The dumpster is located near the rear of the building and will be screened per the typical ordinance standards. Staff recommends the dumpster screening construction be of similar materials as the building. The developer has indicated the site will not have 24-hour activity. The proposed hours of operation are from 5:00 am to 2:00 am seven days per week. The site is zoned C-3, General Commercial District which would allow for the construction of a restaurant on the site. The lots were previously final platted containing the existing 3.19 acres. There is an existing strip retail center located on one of the proposed lots with the lot line dissecting the building. The request for a rezoning is to recognize the existing conditions on the site, clean up the lot configuration and allow for the construction of a new building. Staff is supportive of the request. Although the site is not meeting the entirety of the Overlay requirements, the site is in staff’s opinion is meeting the intent of the Overlay. The proposed use is consistent with uses as allowed in the current zoning district. Staff does not feel the variation to allow the replatting of the two (2) lots as proposed containing less than the typical two (2) acre minimum will significantly impact the development or the area. I. STAFF RECOMMENDATIONS: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends the dumpster screening be consistent with the construction materials of the building. August 7, 2008 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-7605-C 11 PLANNING COMMISSION ACTION: (MAY 8, 2008) The applicant was present. There were no registered objectors present. Staff stated on April 28, 2008, the applicant had requested deferral of the item to the August 7, 2008, Commission meeting. Staff stated the applicant had notify the Neighborhood Associations of the deferral request providing the date and time of the future public hearing. Staff presented a recommendation of approval of the deferral request. There was no further discussion of the item. The commission voted to approve the item for deferral on the consent agenda by a vote of 9 ayes, 0 noes and 2 absent. STAFF UPDATE: The applicant has met with the area neighborhood associations as indicated in the previous deferral. There are no changes proposed for the site plan. Staff continues to recommend approval of the request. PLANNING COMMISSION ACTION: (AUGUST 7, 2008) Mr. Tim Daters and Mr. JC Hosel were present representing the request. There were registered objectors present. Staff presented the item with a recommendation of approval of the request. Mr. Tim Daters of White Daters and Associates addressed the Commission on the technical issues of the development. He stated the development containing 3.12 acres and was proposed as a two lot PCD. He stated 34.5 percent of the site would be landscaped. Mr. Daters stated the property was zoned C-3, General Commercial. He stated the site did share cross access with the property located immediately to the east. Mr. JC Hossel addressed the Commission. He stated the development was proposed as a fast food restaurant, a McDonalds. He stated the signage would be limited to a ground mounted sign. No electronic messaging was proposed. He stated the site would not operate 24 hours but would operate from 5 am to 2 am seven days per week. He stated elevations with proposed material had been provided to the Commission. He stated the site would require approval by the Chenal Design Review Committee. He stated the building construction would not be metal but some form of brick or combination of comparable material. August 7, 2008 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-7605-C 12 Ms. Sandra Palmer addressed the Commission in opposition. She stated she was president of the Chevaux Neighborhood Association and the neighborhoods was very much opposed to the request. She stated there were 96 homes in the neighborhood with 155 residents. She stated of the residents she had a petition with 145 names in opposition of the request. She stated the neighborhood did not need a drive-thru restaurant next door to their quiet neighborhood. She stated there was a similar fast food restaurant located in the Wal-Mart, two miles down the road. She stated if the development did not fit the City and developers should not force the development to occur. She stated the neighborhood was concerned with the volume of traffic, the trash generated from the site, the noise, light pollution and the safety of the patrons of the neighborhood and the drive-thru restaurant. She stated the sign proposed was six feet high. She stated the sign would be located on a five to ten foot embankment resulting in a fifteen foot tall sign. Ms. Palmer stated a McDonalds was not what Chenal Valley wanted marking the entrance to their neighborhood. She stated the hours of operation were a concern. She stated once the approval to allow the restaurant to operate from 5 am to 2 am was approved the owners would be back requesting an extension of the hours. She stated the existing restaurant closed at 9:00 pm. She stated the hours should match the existing uses in the area. Ms. Palmer stated light pollution was also a concern. She stated the office development located to the north of their subdivision had been raised to a height that the development was towering over their homes. She stated with the filling and the placement of light poles 20 to 25 feet high the lighting for the office development spilled onto the adjacent site and into their back yards. She stated a new commercial building was not needed. She questioned why the restaurant could not retro fit the Catfish City building for their use. The Commission questioned if the opposition was to the use or to the placement of two buildings on less than four acres. Ms. Palmer stated the neighborhood did not want a fast food restaurant at the entrance to their neighborhood. Mr. Edward Oglesby addressed the Commission in opposition. He stated he was representing the Aberdeen Court Property Owners Association. He stated there were 199 homes in the neighborhood and a pole of the residents had been taken and the neighborhood was not in support of the restaurant. He stated the neighborhood was opposed to a fast food restaurant on the corner. He stated the volume of traffic and the speed of traffic was a concern. He stated there were also concerns with turning movements from this site and the bank located to the north. He stated the drives August 7, 2008 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-7605-C 13 aligned and traffic traveling east bound wanting to enter the bank was at odds with motorist wanting to turn onto Chenonceau or into this development. He stated the Overlay had been in place for 25 plus years. He stated little by little the City had allowed development to occur inconsistent with the Overlay standards. He stated the neighborhood was concerned with the noise and the traffic a fast food restaurant would generate. He stated the site was more appropriate for a quiet commercial uses and not a business that operated from 5 am to 2 am. He stated traffic on Chenonceau backed up at this location. He stated it was unsafe to exit onto Cantrell without waiting for the light because of the speed of the traffic and visibility issues. The Commission questioned if the opposition was to the use or the variance from the Overlay standard. Mr. Oglesby stated the opposition was to the use. Commissioner Rector stated use was not an issue before the Commission. He stated the property was zoned C-3, General Commercial which by right allowed a drive-thru restaurant. Mr. Oglesby stated the lot existed with two acres. He stated the drive-thru was a concern he requested the Commission to deny the variance. He stated across Highway 10 there was an area of C-3, General Commercial zoned property. He questioned why the development did not occur there. He stated there was not a need for a fast food restaurant at this location. He stated the same restaurant was in the Wal-Mart just two miles down the road. He stated the Commission had been sold a bill of goods with the previous site plan. He stated the developers had a bank approved for the location then came back for a restaurant once the two buildings were approved. Mr. Frank Pohlkamp addressed the Commission in opposition. He stated he was representing the Bayonne Place property owners association. He stated the property owners association was totally against a McDonalds restaurant at this location. He stated the Commission should refuse the variance request by Orion and McDonalds to allow the development with less than the overlay standards. He stated the intersection carried a high level of traffic and the speed of the traffic was in excess of the posted 50 mph. He stated the hours of operation would be a magnet to attract late night undesirables to the area. He stated this would increase crime in the neighborhood and surrounding neighborhoods and would impact property values. He stated the neighborhood concept of livability would be violated with trash, noise and odor as well as air pollution from vehicles idling at the drive-thru window. He stated the residents bought homes in Bayonne Place because of the peaceful atmosphere and neat appearance. He stated a restaurant with a drive-thru window would certainly compromise the peaceful atmosphere. He stated the neighborhood did not see the need for a restaurant of this type when just down the road at the Super Center there was a McDonalds. He stated there were a number of other locations not adjacent to a residential neighborhood where sites were available for a restaurant location. Mr. Pohlkamp addressed the Commission stating he desired the Commission to August 7, 2008 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-7605-C 14 consider the neighborhoods wishes and refuse the variance to the Highway 10 Overlay Plan. He read the Commission Mission statement stating to enhance the quality of life for the Citizens of Little Rock by providing a Department which encourages quality growth, development and redevelopment and the stabilization of neighborhoods through a concentrated effort of planning, land use controls, Historic Preservation, permitting and enforcement. Mr. David Grace addressed the Commission in opposition of the request. He stated the Commission had been provided letters of opposition from the Bayonne residents. He stated the developers had filed the application in April and had not meet with the residents until last week. He stated the request included a variance from the Subdivision Ordinance to allow the development. He stated Orion left the lot size as indicated which was a business decision at the time of development of the retail center located to the south. He provided the Commission with accident reports at the intersection from 2000. He stated since 2000 55 accidents had occurred. He stated a number of the accidents had occurred since 2005 after the traffic signal was installed. He stated a drive-thru in the mist of the volumes of traffic in the area was a concern. He stated safety was not included in the staff write-up. Ms. Ruth Bell addressed the Commission in opposition. She stated she was representing the League of Women Voters who had taken a strong stand on the Highway 10 Overlay and felt the plan should be upheld. She stated the variances typically granted met the spirit of the plan. She stated many persons had bought land and made business decision for future development based on the plan, adopted by the City, dictating how the area would develop. She stated this was a strong reason to uphold the DOD. Mr. Daters stated as a part of the development a third lane would be added to Chenonceau Boulevard. He stated this would allow a dedicated left, through and right lane. He stated the developer would also incorporate improvements to the traffic signal. He stated there was not a break in Chenonceau, which would allow left turns into the site thus lessening the conflicting traffic movements. There was a general discussion of the Commission concerning the traffic concerns and issues raised. Staff stated the drives were located in these areas because they aligned and the meet the spacing criteria of the ordinance. Staff stated the streets would be constructed to Master Street Plan standard and this did include the addition of a left turn lane on Chenonceau. The Commission questioned if the use would affect traffic patterns in the area. Staff stated they did not feel the use would affect the traffic patterns in the area. Staff stated one comment had been made concerning a variance from the Subdivision Ordinance. Staff stated this was incorrect and the variance was from the Highway 10 Overlay standards. Staff stated the lot development standards were established by the August 7, 2008 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-7605-C 15 zoning through the Overlay. Staff stated the overlay required the placement of one building per two acres or a minimum lot size of two acres. Staff stated the Overlay established development standards. Staff stated the Commission was charged with determining if the development met the purpose and intent of the Overlay District. Staff stated use was an issue the Commission could consider since the request was a rezoning. Staff stated if approved the zoning of the property would be PCD and not the present C-3, General Commercial District. There was a general discussion concerning development standards and how the site could develop. The Commission noted the remaining three corners were zoned C-3 as was the property to the south of this site which could develop with a drive-thru restaurant by-right with the issuance of a building permit and no review by the City Planning Commission or Board of Directors. The Commission noted two weeks ago a review of the Highway 10 Overlay was undertaken to determine the number of variance request being considered in this area. It was stated Highway 10 was at the forefront of everyone’s mind. The Commission stated the Planned Development process was the vehicle to allow development of property, which did not fully comply with the Overlay standard regardless of the issue. The Commission noted the site was located at a commercial node. Also noting all other corners were zoned appropriately to allow this same type use. A motion was made to approve the request. The motion carried by a vote of 7 ayes, 2 noes and 2 absent. August 7, 2008 ITEM NO.: B FILE NO.: Z-8337 NAME: Ms. Bertha's Child Care Center Short-form PCD LOCATION: Located at 8215 Colonel Glenn Road DEVELOPER: Ed Jordan 8215 Colonel Glenn Road Little Rock, AR 72204 ENGINEER: White Daters and Associates 24 Rahling Circle Little Rock, AR 72223 ARCHITECT: Williams and Dean Associated Architects 18 Corporate Hill Drive, Suite 210 Little Rock, AR 72205 AREA: 0.68 acres NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family and O-3, General Office District ALLOWED USES: Daycare center and Barbershop PROPOSED ZONING: PCD PROPOSED USE: Daycare center and Barber shop VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: On October 3, 2002, the Little Rock Planning Commission approved a Conditional Use Permit for two of the three proposed properties. The property located at 8213 Colonel Glenn Road was zoned O-3, General Office District and was approved for the placement of a barbershop. The property located at 8215 Colonel Glenn Road was zoned R-2, Single-family and approved for the placement of a day care center to serve up to 20 children and two employees. The properties were to have shared access and August 7, 2008 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-8337 2 parking. A total of nine parking spaces were proposed for the two uses. The hours of operation for the daycare center were from 7:30 am to 5:30 pm Monday through Friday. The barbershop was proposed with four employees and would operate by appointment from 8:00 am to 6:30 pm seven days per week. On June 7, 2007, the Little Rock Planning Commission approved a Conditional Use Permit for the third property located at 8211 Colonel Glenn Road. The approval was to convert an existing single-family residence on this R-2, Single-family zoned lot into a daycare center to serve 30 students with three employees. The site plan indicated the construction of six parking spaces. The hours of operation proposed were from 8:00 am to 5:30 pm Monday through Friday. A. PROPOSAL/REQUEST: The owners now propose to expand the daycare facility. The proposal is to allow a building expansion of 2,280 square feet which will allow a maximum enrollment of 72 children. The staff required for the completed facility will be eight, per the state licensing requirement. The building expansion is proposed on the western most building (the property located at 8211 Colonel Glenn Road). B. EXISTING CONDITIONS: The property is located in an area of mixed zoning and uses, along an arterial street. Single-family residences are located across Colonel Glenn Road to the north and beyond the alley to the south. Vacant lots and a single-family residence are located to the west. A PCD was approved for a beauty salon to the east accessed from Marborough Street. Other uses in the area include a mobile home park, a former lumberyard and a church. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received one informational phone call from an area property owner. All property owners located within 200 feet of the site, all residents, who could be identified, located within 300 feet of the site, the John Barrow Neighborhood Association and the Westwood Neighborhood Association were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Colonel Glenn Road is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to 55 feet from centerline will be required. August 7, 2008 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-8337 3 2. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. Driveways must have a minimum spacing of 300 feet between driveways and 150 feet from property lines. 3. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 4. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. 5. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. 6. Close all old curb cuts. 7. Provide traffic signage for proper vehicle circulation on the property. 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. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this property. 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 meter(s) are needed. Fire Department: Fire sprinklers maybe required. Place and install fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is located on CATA Route # 14 – the Rosedale Route. August 7, 2008 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-8337 4 F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Boyle Park Planning District. The Land Use Plan shows Mixed Use for this property. The applicant has applied for a Planned Commercial Development to allow the existing daycare to expand with a maximum of 72 children and 8 staff. The request does not require a change to the Land Use Plan. Master Street Plan: Colonel Glenn Road is shown as a Principal Arterial with reduced design standards. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Colonel Glenn Road since it is a Principal Arterial. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes in this immediate vicinity. Neighborhood Action Plan: This area is covered by the Westwood Pecan Lake Stagecoach Neighborhood Action Plan. Their Zoning and Land Use Goal states: “Oppose the conversion of R-2 properties within the Pecan Lake subdivision.” Landscape: 1. Site plan must comply with the City’s minimal landscape ordinance requirements. 2. Landscaping will be required in conjunction with the new on site parking lot. 3. Property to the south is zoned residential, therefore, the zoning ordinance requires average seven foot (7’) foot wide land use buffers along the perimeter of the site. Seventy percent (70%) of this area is to remain undisturbed. However, if there are no existing trees in this area, additional trees and shrubs must be planted to meet this minimal ordinance requirement. Easements cannot count toward fulfilling this requirement. 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 perimeter of the site. Credit towards fulfilling this requirement can be given for existing trees and undergrowth that satisfies this year-around requirement. 5. An automatic irrigation system to water landscaped areas will be required. August 7, 2008 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-8337 5 6. The City Beautiful Commission recommends preserving as many existing trees as feasible on tree covered sites. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (April 17, 2008) Mr. Gary Dean of Williams and Dean Architects was present representing the request. Staff presented the item stating there were a number of technical issues associated with the request in need of addressing. Staff requested Mr. Dean provide details of the proposed signage including ground mounted signage and building signage. Staff also requested Mr. Dean provide the location of proposed dumpsters and the hours of service for the dumpster facilities. Staff stated the site lighting must be low level and directional, directed downward and into the site. Public Works comments were addressed. Staff stated the western drive should be removed and the existing parking redesigned to allow circulation through the site. Staff stated the proposed drop off lane should be removed due to it providing poor vehicle circulation and the crossing of vehicle traffic coming into the site parking lot. Staff stated all old curb cuts were to be removed. Staff requested the applicant provide traffic signage for proper vehicle circulation on the property. Landscaping comments were addressed. Staff stated the playground should be moved closer to the building to eliminate the risk of a child crossing the parking lot. Staff stated screening would be required along the southern perimeter of the site adjacent to the residentially zoned and used property. Staff noted comments from the various other reporting departments and agencies. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan addressing a number of the concerns raised at the April 17, 2008, Subdivision Committee meeting. The applicant has met with staff concerning the proposed drop off location. Staff feels the drive as indicated allowing the western most drive to serve as the means of ingress and allowing the center drive as egress to the site will allow for adequate circulation through the site. According to the applicant building signage will comply with the typical ordinance standards for a commercial development or a maximum of ten percent of the façade area. The applicant has also indicated any ground mounted signage will August 7, 2008 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-8337 6 comply with signage allowed in office zones or a maximum of six feet in height and sixty-four square feet in area. The development is proposed as a daycare facility with a maximum enrollment of 72 children. The ordinance typically requires a minimum of one space per administrator, teacher and employee on the largest shift plus one space per facility vehicle plus one space per ten persons of licensed capacity. There are eight staff, one administrator and no vehicles of the daycare. Seventeen spaces would typically be required to serve the daycare. The site plan indicates the placement of fourteen parking spaces. Staff is supportive of the parking as proposed. The center will utilize a double stack drop-off. Should a parent need to park and go into the building staff feels there is adequate parking available. The revised site plan has not indicated the placement of a dumpster facility. Staff recommends if a dumpster facility is located on the site the adjoining single-family homes be taken into consideration when placing the dumpster. Staff also recommends the hours of service be limited to daylight hours to lessen the impact of the dumpster on the adjoining single-family homes. Staff is supportive of the request. The site has historically been used as a daycare center and the applicant is proposing to increase the number of allowed clients. Although the available parking does not meet the typical ordinance standard staff does not feel the reduced number of spaces will cause any adverse impact on the development or adjoining properties. To staff’s knowledge there are no outstanding technical issues associated with the request. I. STAFF RECOMMENDATIONS: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends the dumpster placement be sensitive to the adjoining single-family residences and the hours of dumpster service be limited to daylight hours. PLANNING COMMISSION ACTION: (MAY 8, 2008) The applicant was present. There were registered objectors present. Staff stated the applicant failed to provide staff with a revised site plan addressing comments and concerns raised at the April 17, 2008, Subdivision Committee meeting. Staff presented a recommendation the item be deferred to the June19, 2008, public hearing. There was no further discussion of the item. The commission voted to approve the item for deferral on the consent agenda by a vote of 9 ayes, 0 noes and 2 absent. August 7, 2008 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-8337 7 STAFF UPDATE: There has been no contact with the applicant since the previous public hearing. Staff continues to await responses from the Subdivision Committee comments raised at the Committee meeting on April 17, 2008. Staff recommends deferral of this item to the August 7, 2008, public hearing. PLANNING COMMISSION ACTION: (JUNE 19, 2008) The applicant was not present. Staff presented the item stating there had been no contact with the applicant since the previous public hearing. Staff stated they continued to await responses from the Subdivision Committee comments raised at the Committee meeting on April 17, 2008. Staff presented a recommendation of deferral of this item to the August 7, 2008, public hearing. There was not further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. PLANNING COMMISSION ACTION: (AUGUST 7, 2008) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff also presented a recommendation the dumpster placement be sensitive to the adjoining single-family residences and the hours of dumpster service be limited to daylight hours. There was no further discussion of the item. The Chair entertained a motion for placement of the item on the Consent Agenda for Approval as recommended by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. August 7, 2008 ITEM NO.: C FILE NO.: Z-4587-D NAME: Hunters Green Estates Lot 12 Revised Short-form PD-R LOCATION: 51 Hunters Green Circle DEVELOPER: Frank Withrow 26 Scenic Point Little Rock, AR 72207 ENGINEER: White Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 0.25 + acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: PD-R ALLOWED USES: Zero lot line single-family subdivision PROPOSED ZONING: Revised PD-R PROPOSED USE: Add sunroom to the rear of the existing structure VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: On April 18, 1995, the Board of Directors adopted Ordinance #16,872 establishing Hunters Green PD-R. The approved development included 50 single-family lots and a large common area. Also included in the development was a six foot high brick fence, built around the perimeter of the property. On June 2, 1998, the Board of Directors approved Ordinance No. 17,736 to allow the revision of the PD-R for the six-foot brick wall behind Lots 9, 10 and 11 (located in the northeast portion of the development) to be increased to nine feet. August 7, 2008 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-4587-D 2 A. PROPOSAL/REQUEST: The owner/applicant is proposing to revise the previously approved PD-R to allow for the construction of a sunroom within the previously proposed building setback. The previous approval allowed for the construction of screened porches and patios within the building setback but did not allow for the construction of an enclosed structure. The sunroom is proposed as 12-feet by 17-feet in size and will be located within the previously identified patio area. B. EXISTING CONDITIONS: The site contains an existing single-family structure accessed by Hunters Green Circle. The area has developed with single-family homes of approximately 2,500 square feet and roughly 5,700 square foot lots. Hunters Green is fully enclosed by a brick wall ranging from six to nine feet. There are single-family homes located to the west of the site. The wall placement screens the view of the homes located to the north on Coleen Drive. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a number of informational phone calls from area property owners. Most have indicated they do not have a concern with the addition of the sunroom as proposed. 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 Hunters Green 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 property. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: No objection. Fire Department: No comment August 7, 2008 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-4587-D 3 County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Chenal Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for a revision to a previously approved Planned Residential Development to allow the placement of a 12’ x 17’ sunroom on the rear of the home. The request does not require a change to the Land Use Plan. Master Street Plan: Hunters Green Circle is shown on the Plan as a Local Street. The primary function of a Local Street is to provide access to adjacent properties. Bicycle Plan: There are no bike routes in the immediate vicinity. Neighborhood Action Plan: This area is covered by the Rock Creek Neighborhood Action Plan, but the plan does not address this issue. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (May 29, 2008) The applicant was not present. Staff presented the item stating there were no outstanding technical issues associated with the request in need of addressing. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The request is to allow for a revision to a previously approved Planned Residential Development to adjust the building envelope to include a proposed sunroom addition. The site contains an existing single-family home and the applicant desires to construct a sunroom within the rear yard area previously identified as the porch area. The previous approval allowed for the encroachment with screened porches only. To Staff’s knowledge there are no outstanding issues associated with the proposed request. Staff is supportive of the request to amend the existing PD-R to allow an expansion of the building envelope to allow a sunroom to be constructed on the rear of the home. August 7, 2008 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-4587-D 4 I. STAFF RECOMMENDATIONS: Staff recommends approval of the request subject to compliance with the conditions outlined in paragraphs D, E and F of this report. PLANNING COMMISSION ACTION: (JUNE 19, 2008) The applicant was present. There were registered objectors present. Staff stated the applicant was requesting a deferral of the item to allow time for the property owner to meet with the opposition. Staff stated the request would require a waiver of the Commission’s By-laws with regard to the late deferral request. There was no further discussion of the item. The chair entertained a motion for approval of the By-law waiver as indicated by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. A motion was made to defer the item to the August 7, 2008, public hearing. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. STAFF UPDATE: The applicant has met with the property owners indicating opposition to the proposed addition. The opposition has not provided staff with any change in their position. The neighborhood has provided a petition of support of the request. There are no changes proposed to the development from the previous staff write-up. Staff continues to recommend approval of the addition of the sunroom to the rear of this existing home. PLANNING COMMISSION ACTION: (AUGUST 7, 2008) The applicant was present. There was a registered objector present. Staff presented the item with a recommendation of approval. Mr. Larry Townley stated he lived in adjacent Countrywood and did not have an issue with Mr. Withrow adding a sunroom to his home but he did have concerns with the Commission setting a precedent to allow the addition to homes located along the eastern perimeter of Hunters Green. He stated with additions into the setback this would affect his home and the views from his home. He stated presently there was a 13.5 foot wall any additions to the rear of these homes would increase the blank walls along the eastern perimeter. The Commission questioned the homes on Coleen Drive and the elevation of the homes to the property. Mr. Townley stated he was not sure. He had driven on Coleen August 7, 2008 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-4587-D 5 but could not see in the back yards without going onto property owned by others. Mr. Whitrow stated the homes on Coleen Drive were lower than the homes in Hunters Green. He stated there was a six to nine foot wall along the rear of his home separating the two subdivisions. Staff stated the Commission’s By-laws did not allow precedent to be set by an action. Staff stated no action of the Commission shall be deemed to set a precedent. Staff stated each item docketed shall be decided upon its merit and circumstance attendant thereto. Commissioner Rector stated the Commission and staff were put on alert of the concerns with additions to the rear of homes located along the eastern perimeter. A motion was made to approve the request. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. August 7, 2008 ITEM NO.: D FILE NO.: Z-8350 NAME: Walker Short-form PD-R and Right of way abandonment for Oakwood Road and Cedar Street LOCATION: Located at 4001 Oakwood Road DEVELOPER: Edward and Danyelle Walker 5105 Kavanaugh Boulevard Little Rock, AR 72207 SURVEYOR: James L. Butler 5323 John F. Kennedy Boulevard North Little Rock, AR 72116 AREA: 0.25 + acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family ALLOWED USES: Single-family residential PROPOSED ZONING: PD-R PROPOSED USE: Single-family residential – variation from the Hillcrest Design Overlay District to allow a reduced rear yard setback. VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: The applicant is seeking a rezoning of the site from R-2, Single-family to PD-R to allow a new home to be constructed on the site. The property is located in an area covered by the Hillcrest Design Overlay District. The applicant is proposing the new home’s rear building setback less than the typical 25-foot rear yard setback. The Hillcrest Design Overlay District states the setbacks for the principal structure shall be as required for the zoning district except for the front-yard setback which must be aligned with the adjoining residential structures within 10 percent variation. August 7, 2008 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: Z-8350 2 The request also includes the abandonment of a portion of North Cedar Street and an unrecorded dedication of Oakwood Road. The portion of Cedar Street to be abandoned is a 30-foot by 132.11 foot area containing 3,963.30 square feet or 0.087 acres. The abandonment is the west ½ of North Cedar Street. The eastern ½ was previously abandoned. The area of abandonment would become the front yard area of the new residence. The request also includes the abandonment of an 8 foot by 50 foot portion of street which does not appear to have been previously dedicated to the City. There is a paved drive approximately eight to nine feet wide extending from the currently dedicated right of way of Oakwood Road to Cedar Hill Road. The area of Oakwood Road proposed for abandonment contains approximately 400 square feet and would become the rear yard area for the new home. B. EXISTING CONDITIONS: The site is located at the end of Oakwood Road abutting Oakwood Road and Cedar Hill Road. The site is treed with undergrowth of brush. The topography of the lot is very steep sloping upward from Oakwood to the south. Oakwood Road adjacent to the site is a very narrow paved strip approximately nine feet wide. There are a number of condo developments and apartments in the area. The area to the east is primarily single-family and the area to the west is a City of Little Rock Park. Cedar Street does not exist adjacent to the site. As stated, Oakwood Road is a narrow unimproved street. Cedar Hill Road is a narrow unimproved street with open ditches for drainage. There are no sidewalks in the immediate area. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a number of 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 and the Hillcrest Residents Neighborhood Association were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Drainage easements should be maintained in the right-of-way to convey storm water from adjacent property. August 7, 2008 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: Z-8350 3 E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required with easement for Lot 6. 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. Contact Central Arkansas Water regarding meter location. Central Arkansas Water has no existing or planned facilities located within these roads and rights-of-way and has no objection to closure and abandonment of easement rights in the area described. 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: This request is located in the Heights Hillcrest Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for a short form PD-R to rezone the site from R-2, Single-family to Planned Residential Development to allow a new single family home to be constructed on the site with a reduced rear yard setback. The request does not require a change to the Land Use Plan. Master Street Plan: Oakwood Road is shown as a Local Street. The primary function of a Local Street is to provide access to adjacent properties. Local Streets, which are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. These streets have a design standard the same as a Collector. Bicycle Plan: There are no bike routes shown in the immediate vicinity. Neighborhood Action Plan: This area is covered by the Hillcrest Neighborhood Action Plan. The Housing Goal states: “a Hillcrest Overlay District that will require Planned Unit Development for reclassification/redevelopment of land use August 7, 2008 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: Z-8350 4 (zoning), density, setbacks, of other changes to the existing infrastructure of the neighborhood.” Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (May 29, 2008) Mr. and Mrs. Walker and Mr. Tony Curtis were present representing the request. Staff presented the item stating the request included the right of way abandonment for North Cedar Street and the abandonment for Oakwood Road. Staff stated they had review four documents and all contradicted if the right of way for these roadways were in place. Staff stated the request also involved a request for a rezoning from R2, Single-family to PD-R to allow the construction of a new home with a reduced rear yard setback. Staff stated once the right of way was abandoned for Cedar Street the front of the home would have a 25-foot front yard setback. Staff stated even with the right of way abandonment for Oakwood Road, due to the triangular shape of the property, a variance would be required. There was a general discussion of the item by the Committee members. Commissioner Rector questioned Mr. Curtis as to the status of the right of way. Mr. Curtis stated based on the fire maps it appeared the right of way for Cedar Street did exist. Mr. Curtis stated previously the owner to the east requested and the City abandoned one-half of the street but it did not appear this section was ever abandoned. Commissioner Rector stated he felt it important after the City had completed their process, if Mr. Walker was successful, he should address the Court for a quiet title of the rights of way abandoned. Staff noted comments from the various other reporting departments and agencies. The Commission suggested the applicant work with staff to clarify the issues in need of addressing. 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 the additional information requested at the May 29, 2008, Subdivision Committee meeting. The home is proposed as a two-story home with a basement which will be used as the garage and an unfinished crawl space. The height of the home will comply with the DOD and is proposed with a maximum height of 39 feet. Residential development standard established by the Hillcrest Design Overlay District states the residential regulations shall apply to any residential zoned land within the district boundaries. Although the overlay district does not regulate the August 7, 2008 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: Z-8350 5 style and character of Hillcrest housing, new construction and additions should be respectful of the prevailing styles of the neighborhood. The compatible design of housing contributes to the richness of the history and architectural character of Hillcrest. Attached, unfinished spaces, such as storage areas and above-ground basements, shall be included as part of the permitted floor area at fifty (50) percent of the measured area. Crawlspaces or similar spaces that must be accessed from outside the main structure are excluded from the permitted floor area. The lot contains approximately 11,463 square feet and was a legal lot of record at the time of adoption of the DOD. The home is proposed with more than one floor with a Floor Area Ratio (FAR) of 49.9 percent. Based on the lot size a FAR of 55 percent is permitted. The mass section limits the maximum lot coverage for all structures under roof to fifty (50) percent. The lot coverage of the proposed structure is 20 percent. 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 ten (10) percent variation, but no structure may be within the setback. The home is proposed with a front yard setback as typically required per the ordinance. The rear yard setback is indicated less than the 25-foot typical ordinance standard. The rear-lot setbacks and accessory building coverage within the twenty-five-foot setback from the rear property line shall be no more than forty (40) percent of the area in that section. The applicant is not proposing the placement of any structure within the rear yard setback, resulting in a rear lot coverage of zero. The maximum building height shall be thirty-nine (39) feet or two and one-half (2 1/2) stories, measured from the "grade plane" to the ridge-line of the highest roof surface. In addition, new buildings and additions shall be constructed to an elevation that is within one story of the adjacent residential structures. The home is proposed with two stories and a basement. The maximum height proposed for the home is 39 feet as measured from the grade plane to the ridgeline of the highest roof surface. Retaining walls will be located on the site with a maximum height of six feet. A decorative fence will be located along the southern perimeter of the site with a maximum height of six feet. The request includes the abandonment of North Cedar Street and a portion of Oakwood Road. The North Cedar Street portion proposed for abandonment is the west ½ of North Cedar Street contained within a 30-foot by 132.11-foot strip. August 7, 2008 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: Z-8350 6 The street is currently undeveloped and the previously abandoned eastern ½ is being used by the property owner as parking for an apartment complex. Oakwood Road does not appear to have been dedicated but is being used by the neighborhood as a connection to Cedar Hill Road. The drive is approximately eight to nine feet wide. The request includes the closure of the area as a public access. Based on comments received from the various utility companies there is no objection to the closure of Oakwood Road. The area of North Cedar Street will be maintained as a drainage and utility easement as requested by the Public Works Department and the electrical utility company. Property, if for any reason, that cannot be developed without violating the standards of the DOD shall be reviewed through the planned zoning district (PZD) section of the zoning ordinance, with the intent to devise a workable development plan which is consistent with the purpose and intent of the overlay standards. The developer is seeing a variation from the year yard setback requirement through a PRD rezoning as required by the ordinance. The developer has indicated the reasoning for placing the building as proposed is the lot shape and the topography of the site. With the placement of the structure as indicated this will allow for a better building site thus reducing the overall total height of the home. Staff is supportive of the request. To staff’s knowledge there are no outstanding issues associated with the request. Staff does not feel the construction of the new home as proposed with a reduced rear yard setback will significantly impact the development or the area. I. STAFF RECOMMENDATIONS: 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 requested abandonment for North Cedar Street and Oakwood Road subject to the area of North Cedar Street being maintained as a drainage and utility easement. PLANNING COMMISSION ACTION: (JUNE 19, 2008) The applicant was not present. There were no registered objectors present. Staff stated they could not determine if the right of way for Oakwood Road was ever received by the City. Staff stated they were continuing to research the right of way issue with assistance of the applicant to determine the status of the right of way and the need for abandonment and/or the status of any easements, which may be in place for access on this drive. Staff stated the applicant had requested and staff felt the request appropriate August 7, 2008 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: Z-8350 7 for a deferral of the item to the August 7, 2008, public hearing to allow staff and the applicant time to determine the right of way issue for Oakwood Road. There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. PLANNING COMMISSION ACTION: (AUGUST 7, 2008) 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 abandonment request for North Cedar Street subject to the area being retained as a utility easement. There was no further discussion of the item. The Chair entertained a motion for placement of the item on the Consent Agenda for Approval as recommended by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. August 7, 2008 ITEM NO.: E FILE NO.: S-1540-A NAME: 8622 Chicot Road Subdivision Site Plan Review LOCATION: Located at 8622 Chicot Road DEVELOPER: Manuel Beza Beltran 8622 Chicot Road Little Rock, AR 72209 ENGINEER: Troy D. Laha 6602 Baseline Road, Suite E Little Rock, AR 72209 ARCHITECT: Terry Burruss Architect 1202 South Main Street Little Rock, AR 72202 AREA: 1.01 NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: C-3, General Commercial District PLANNING DISTRICT: 15 – Geyer Springs West CENSUS TRACT: 41.03 VARIANCES/WAIVERS REQUESTED: 1. A variance from Sections 30-43 and 31-210 of the Little Rock code to allow driveway space less than typical ordinance standard. 2. A variance from City’s Landscape and Buffer ordinance requirements for landscape installation along Chicot Road. BACKGROUND: On December 7, 2006, the Planning Commission approved a site plan to allow an addition to the restaurant building located at 8622 Chicot Road. The site contained an existing 1,200 square foot restaurant and a 2,622 square foot automobile detail shop August 7, 2008 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: S-1540-A 2 along with 15 parking spaces. The approval allowed an expansion of the restaurant by adding a 26-foot by 46-foot enclosed dining area and a 12-foot by 46-foot patio area. The request included additional parking for a total of 24 parking spaces located on the site to serve the two businesses. A deferral of the required paving for 18-months was approved. The approval included a variance to allow a reduced number of parking spaces for the site. A. PROPOSAL/REQUEST: The applicant is now proposing a revision to the previously approved site plan to reduce the required landscaping along Chicot Road and to maintain the southern-most drive. The applicant has indicated with the removal of the southern drive, access to the southern most building cannot be achieved because of the location of the building and the closeness of Chicot Road. The developer has also stated due to the existing site paving, the expense of removing the paving to prepare the area for plantings is extremely expansive and based on improvements recently made to the site, the removal of the paving is economically unachievable at this time. The developer is proposing to maintain parking within the paved area along Chicot Road. B. EXISTING CONDITIONS: The site is located near the intersection of Baseline and Chicot Roads; a commercial node. At this intersection there are a number of activities including office and retail activities. The site being considered for Subdivision Site Plan Review is located just north of the Baseline/Chicot Roads intersection and contains two buildings; one a restaurant, the second a detail shop. There is a railroad main line located to the west of the site. The Cloverdale Subdivision, a single-family subdivision, is located across Chicot Road to the east. Chicot Road has been constructed to Master Street Plan standard abutting the site. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received one informational phone call from an area property owner. All property owners located within 200 feet of the site, the Cloverdale Neighborhood Association and Southwest Little Rock United for Progress 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. Due to the length of street August 7, 2008 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: S-1540-A 3 frontage the property can only have a single driveway. The width of driveway must not exceed 36 feet. On a principal arterial street, the Master Street Plan standards require a minimum driveway spacing of 300 feet between driveways and at least 150 feet from property lines. Therefore, the south driveway does not comply with the Master Street Plan standards and must be removed. 2. Old driveway cuts in the curb must be replaced. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this property. Entergy: Approved as submitted. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: Contact Central Arkansas Water if larger and/or additional meter(s) are needed. If larger and/or additional meter(s) are required, a Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. 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: 1. Compliance with the City’s Landscape and Buffer Ordinances is required. 2. The existing structure is a total of 1,200 square feet in area. The new structure is a total of 1,422 square feet in area. This equates to an eighty-four (84%) upgrade towards the landscape ordinance requirements. 3. The new parking lot must be built in full compliancy with the landscape and buffer ordinance. August 7, 2008 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: S-1540-A 4 4. The area along Chicot Road does not reflect the previous approval which included the elimination of the parking area along Chicot Road. The parking along Chicot Road is located within the public right-of-way. A franchise agreement must be obtained for any parking and/or landscaping proposed for this area. 5. An automatic irrigation system to water landscaped areas will be required. G. SUBDIVISION COMMITTEE COMMENT: (April 17, 2008) Mr. Terry Burruss was present representing the request. Staff stated the site plan was approved and the applicant had completed the building expansion but was now requesting a revision to the previously approved site plan in two areas. Staff stated the site plan as submitted included removal of asphalt located along Chicot Road, removal of parking and the installation of landscaping. Staff also stated the approved site plan eliminated the northern and southern drives maintaining one driveway location near the center of the site. Staff stated the applicant was now requesting to maintain two of the three drives. Staff stated the southern-most drive was desired to be retained but the drive would be narrowed per the typical ordinance requirements. Staff questioned if the right of way for Chicot Road was dedicated with the building permit application request. Staff also stated there were automobiles being sold from the site which was not allowed under the current zoning. Staff requested the applicant cease the sale of automobiles immediately. The owner stated the only automobile sales was his personal vehicle which was parked on the site with for sale signs in the windows. He stated there were no other vehicles for sale on the site. Public Works comments were addressed. Staff stated the drive did not meet typical ordinance standards for driveway spacing and the southern drive should be removed to facilitate traffic movement in the area. Staff also stated all old driveway cuts were to be removed. Landscaping comments were addressed. Staff stated with the new construction an 84 percent expansion had taken place. Staff stated a landscaping upgrade to meet the typical landscape ordinance requirements was required. Staff stated the new parking lot was required to fully comply with the Landscape Ordinance standards. Staff also stated the site plan as presented indicated parking along Chicot Road which was not previously approved. Staff noted a portion of the parking was located within the right of way and would require a franchise agreement with the City. August 7, 2008 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: S-1540-A 5 Staff noted comments from the various other reporting departments and agencies. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: There were no outstanding technical issues associated with the request in need of addressing. Staff stated the developer desired to amend the previously approved site plan removing two of the previously imposed conditions. The original approval eliminated the southern-most drive which accesses the detail shop. The developer has stated by removing this drive it is difficult for customers to enter the detail shop. The developer desires to maintain this drive and limiting the access to the drive to enter only or exit only. Staff is not supportive of the request. Chicot Road is indicated on the Master Street Plan as a principal arterial street. The Master Street Plan standards for this classification require a minimum driveway spacing of 300 feet between driveways and at least 150 feet from property lines. The south driveway does not comply with the Master Street Plan standard and must be removed. The applicant is also requesting to amend the previously approved site plan by placing parking within the front yard area and eliminating the proposed landscaping. The site plan indicates the placement of six (6) parking spaces along Chicot Road and four of the six are indicated in the right of way. To allow the placement of the parking spaces as proposed a franchise agreement with the City must be approved. The developer has indicated a portion of the paving located between the parking and sidewalk will be removed and landscaped. This area is also located within the right of way and will require a franchise agreement to allow the landscaping within the right of way. The previously approved site plan indicated the placement of 24 parking spaces to serve the two (2) businesses. Based on the typical ordinance standards, the typical minimum parking required would be 16 parking spaces for the restaurant and 15 parking spaces for the detail shop. The request included approval of a variance to allow a reduced number of parking spaces for the site. The basis of the approval was the detail shop did not generate a parking demand near the typical number required and the 24 parking spaces as indicated was sufficient to meet the needs of the business. Staff has concerns with the site plan as proposed. Staff does not support the request to allow the drive located in front of the detail shop to remain. The drive does not meet the typical spacing requirement of the Master Street Plan. Chicot August 7, 2008 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: S-1540-A 6 Road is a principal arterial street which is designed to handle large volumes of traffic. The intent of the driveway spacing criteria is to limit the number of drives to facilitate traffic flows. Also staff has concerns with the placement of the landscaping and parking within the right of way. Staff feels the parking located within the right of way should be removed and the area landscaped. With the landscaping of this area, the site will more closely comply with the City’s landscape and buffer ordinances. I. STAFF RECOMMENDATIONS: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (MAY 8, 2008) The applicant was present. There were no registered objectors present. Staff stated the applicant had submitted a request dated April 21, 2008, requesting a deferral of the item to the June 19, 2008, public hearing. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The commission voted to approve the item for deferral on the consent agenda by a vote of 9 ayes, 0 noes and 2 absent. PLANNING COMMISSION ACTION: (JUNE 19, 2008) Mr. Terry Burris was present representing the request. Staff stated the developers were requesting an amendment to a previously approved site plan to allow landscaping and parking to remain in the right of way and to allow the southern most drive to remain on the site. Staff stated the site was existing. Staff stated previously the Commission approved a site plan which indicated the removal of these items but the developer was now requesting the improvements in the right of way to remain. Staff stated they were not supportive of the request. Mr. Terry Burruss stated he was not a part of the original request but had been hired for the architectural design of the building expansion. He stated once the expansion was in place the owner determined the parking located in the right of way was necessary parking to serve his restaurant use. He stated the same was true of the drive. He stated the building was being used as a tire store and access was difficult based on the location of the building and the need for a 90 degree turn into the building. He stated the drive would be narrowed and could function as a one way drive either in or out. He stated there were three doors and the three doors would remain. August 7, 2008 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: S-1540-A 7 Commissioner Rector questioned what was different today than when the plan was approved. Mr. Burruss stated he felt it was a misunderstanding between the owner and the previous agent. He stated the landscaping would be installed on the site to meet the typical ordinance standards but the landscaping would be placed in the right of way with a franchise agreement. He stated the drive appeared to not hinder the site but after further research it was determined the closure of the drive would rendered the building unusable or extremely difficult to maneuver into. Commissioner Adcock stated the site was located next to her neighborhood. She stated the neighborhood had tried for a number of years to make the site successful. She stated due to the location and traffic the site was a difficult site to develop. She stated the drives needed to be taken down to one to limit the confusion as to entering and exiting the site. She stated the owner should consider removing the tire building to de-clutter the site. She stated she thought the desire was for a restaurant and the tire store was limiting the restaurant potential. She stated the drives created a safety concern with cars trying to enter the site and exit the site in these areas. Chairman Taylor stated the site was a difficult site and leaving the drives was a safety concern. He questioned if a deferral would allow the applicant and staff time to reach some middle ground. Staff stated they were always willing to meet with an applicant but did not feel there was a middle ground to reach. Staff stated they felt the developer should construct to the plan he presented to the Commission and the Commission approved just over a year ago. Mr. Burruss requested the item be deferred to meet with staff. The Commission noted the deferral would be to the August 7, 2008, meeting. A motion was made to defer the item to the August 7, 2008, public hearing. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. STAFF UPDATE: Staff has met with the applicant concerning the proposed request. Staff is now supportive of allowing the southern most drive to remain, closing the northern most drive thus allowing two drives on the property. Staff is also supportive of the applicant’s request of allowing the existing parking to remain in the right of way and placing the required street buffer landscape strip within the right of way. These two issues will require a franchise agreement between the applicant and the City. The applicant will install the perimeter landscaping along the northern, southern and western perimeters as per the previously approved plan. The parking lot and building landscaping will also be installed per the previously approved plan. The rear parking area is to be open during business hours. This area is permitted to be gated during non-business hours. August 7, 2008 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: S-1540-A 8 PLANNING COMMISSION ACTION: (AUGUST 7, 2008) The applicant was present. There were no registered objectors present. Staff stated they had met with the applicant concerning the proposed request. Staff stated they were now supportive of allowing the southern most drive to remain, closing the northern most drive resulting in two drives on the property. Staff stated they were also supportive of the applicant’s request of allowing the existing parking to remain in the right of way and placing the required street buffer landscape strip within the right of way. Staff stated the parking and landscaping in the right of way would require a franchise agreement between the applicant and the City. Staff stated the applicant would install the perimeter landscaping along the northern, southern and western perimeters per the previously approved plan. Staff stated the parking lot and building landscaping would also be installed per the previously approved plan. Staff stated the rear parking area was to be open during business hours. Staff stated the rear parking area was permitted to be gated during non-business hours. Staff presented a recommendation of approval excepting the items noted above 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 placement of the item on the Consent Agenda for Approval as recommended by staff. The motion carried by a vote of 8 ayes, 0 noes, 2 absent and 1 recusal (Commissioner Laha). August 7, 2008 ITEM NO.: 1 FILE NO.: S-1544-A NAME: Ventana Ridge Revised Preliminary Plat LOCATION: Located on the South side of Lawson Road, approximately 1 mile West of the David O Dodd Intersection DEVELOPER: Emprise, LLC 1 Sunset Lake Drive Little Rock, AR 72210 ENGINEER: Civil Design, Inc. 16623 Cantrell Road, Suite 2C Little Rock, AR 72223 AREA: 212 acres NUMBER OF LOTS: 44 FT. NEW STREET: 10,657 LF CURRENT ZONING: R-2, Single-family PLANNING DISTRICT: 21 – Burlingame Valley CENSUS TRACT: 42.02 VARIANCES/WAIVERS REQUESTED: 1. A variance from the Master Street Plan to allow the construction of the proposed Collector Street to County Collector Street standard which includes the allowance of a variance for a maximum road grade for a collector street to 15 percent in-lieu of the 12 percent allowed by the City’s Master Street Plan. BACKGROUND: On October 26, 2006, the Little Rock Planning Commission approved a preliminary plat to develop this 212 acres into 161 single-family lots with an average lot size of one acre and a minimum lot size of 0.3 acres. An area along Lawson Road was indicated in two tracts (Tract 1, 2.9 acres and Tract 2, 5.9 acres) for future development. The development was proposed in three phases; Lots 1 – 131 in the first phase, Lots 132 – 161 in the second phase and the third phase was identified on the proposed plat without a development plan. According to the applicant, once development plans were secured, a revised preliminary plat would be sought for approval for the proposed lot configuration. A total of 17,700 linear feet of new public street was proposed, constructed to Master Street Plan standard. The applicant proposed annexation to the City of August 7, 2008 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-1544-A 2 Little Rock to receive sanitary sewer service. The annexation has not been approved and the applicant’s property remains in Pulaski County. A. PROPOSAL/REQUEST: The applicant is now proposing to subdivide this 212 acre tract of residentially zoned property into forty-four (44) estate style residential lots. The subdivision is proposed in four (4) phases. The lots will be developed utilizing Central Arkansas Water and individual disposal permits by each of the lot owners. All the lots are indicated in excess of three acres, which exempts them from pre-approval perk testing by the Health Department. The streets will be developed utilizing County Master Road Plan standards, which will allow Ventana Ridge Drive to develop without curb, gutter and sidewalk and utilizing open ditches for drainage. The subdivision is proposed with platted building lines per the typical ordinance standards. B. EXISTING CONDITIONS: The site is located south of Lawson Road outside the City limits but within the City’s Extraterritorial Planning Jurisdiction. There are single-family homes located in the area along Lawson Road. McHenry Creek is located along the plat’s northern boundary. The site is located adjacent to the City limits along the southeastern portion of the proposed plat area. The Plantation Acres subdivision is located along the southwestern portion of the proposed plat area. The site is wooded with varying degrees of topography. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area property owners. All abutting property owners of the site along with Southwest United for Progress were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Lawson 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. Street centerline horizontal and vertical alignments must meet the Master Street Plan standards. The maximum centerline grade for collector streets is 12%, the maximum centerline grade for residential streets is 15%, and the maximum centerline grade for minor residential streets is 16%. Ventana Ridge Drive (future collector) should have August 7, 2008 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-1544-A 3 superelevated curves per AASHTO standards and be constructed per the Master Street Plan standards for a local-residential street with open ditches. This type street has a 68 foot wide right-of-way; 24 feet of pavement; and 6 foot paved shoulders. Contact Bill Henry of Traffic Engineering at 379-1816 for additional information. 3. Submit a letter certified by a Professional Engineer registered in the State of Arkansas stating that all streets will provide the required intersection sight distance. Analysis must be done in accordance with the 2004 Edition of the AASHTO Green Book. Avoid planting trees or shrubs in line of sight that may cause sight obstruction. 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. The residential streets must be constructed per the Pulaski County road standards. 6. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 7. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvements to Lawson Road including 5-foot sidewalks with the planned development. Lawson Road should be constructed with the back of curb placed 29.5 feet from centerline and the back of the sidewalk placed on the property line. 8. Floodplain exists in the proposed subdivision. Contact Pulaski County Planning Department for requirements pertaining to construction in the floodplain. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: The site is located outside the current service boundary of the City of Little Rock. Provide the means of wastewater disposal and a certification from the appropriate agency concerning the proposed method of treatment. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. August 7, 2008 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-1544-A 4 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. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: Install and place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: The plat will also be reviewed by the Pulaski County Planning Board. 1. Show abutting property owners. 2. Place note on the plat and in the Bill of Assurance describing the purpose of Tract 1, Phase 1. 3. Provide drainage plan (showing drainage on and off the property) and provide a street plan and centerline profile. 4. Change the street name for West Ridge Road as it conflicts with an existing County road. 5. Provide a note in the Bill of Assurance limiting access on Lot 13, Phase 1. 6. Provide proof of fire protection. 7. Label Lots 13, 14, and 15 on Phase 1, Plate 1. 8. Show floodway, put notes and place the correct minimum floor elevation information on the plat. 9. Show Plate 2 on the vicinity map. 10. Build and dedicate Ventana Ridge flush with the south property line. Show contour index. 11. Verify site distance at all intersections. 12. Show details and provide No Adverse Impact on development in the floodway. 13. Maximum grade on a collector (Ventana Ridge) is 15%. 14. Radius on the collector is short of the 300 feet required. 15. Correct the spelling of the surveyor’s name in the plat notes. 16. The pond should be removed from the public R-O-W (Lot 10). August 7, 2008 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-1544-A 5 17. Place note on the plat and in the Bill of Assurance limiting access to one street per lot. 18. This project as designed is a health, safety and welfare issue because its only means of ingress and egress crosses a floodway. 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 17, 2008) Mr. James Dreher was present representing the request. Staff presented an overview of the proposed development stating there were additional items necessary to complete the review process. Staff requested the applicant provide the zoning classification within the plat boundary and of abutting properties. Staff also questioned if variances were being requested to allow the street grades as indicated. Mr. James Dreher stated the grades indicated were County standards and questioned if a variance was necessary. Staff noted the City’s Master Street Plan did not allow the grades indicated and a variance would be required to allow the street to develop as indicated. Public Works comments were addressed. Staff stated Lawson Road would require dedication and street construction per the Master Street Plan. Staff also stated there was concern with sight distances at intersections within the proposed plat boundary. Staff requested Mr. Dreher provide a Sight Distance Certification per AASHTO standard. Staff noted streetlights would be required. Mr. Dreher stated provisions would be made per Section 31-403(c)(1) of the Little Rock Code of Ordinances. This section requires the developer provide facilities that will enable standard lighting design to be installed at some future date, at no additional cost. The facilities are to include power service to the point of placement of poles and fixtures. Easements are required to allow the future lighting plan. Staff stated they were supportive of allowing the rural subdivision to develop utilizing County standards for street design. August 7, 2008 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-1544-A 6 Mr. Dreher stated he had contacted the State Health Department and in their opinion lots in excess of three (3) acres were not considered a subdivision. He stated the individual perk test and sanitary sewer disposal placement would be the responsibility of the individual lot owners. Pulaski County comments were addressed. Staff stated Ventana Ridge was to be constructed flush with the southern property line. Staff also stated they were concerned with only one access to the subdivision and that access being located across a floodway. Staff stated they felt this could become a health, safety and welfare issue if a disaster occurred. Staff stated there was a possibility of the only access being blocked and washed out by a flood and this would not allow any access for emergency personnel. Mr. Dreher stated he would meet with the County and discuss options to allow for the development of the subdivision and address staff’s concerns related to the access. Staff noted comments from the various other reporting departments and agencies. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: Mr. Dreher submitted a revised preliminary plat addressing a number of the issues raised at the July 17, 2008, Subdivision Committee meeting. The applicant has provided the zoning classification within the plat boundary and of the abutting properties and requested a variance from the Master Street Plan to allow the collector street to be constructed to County Master Road Plan standards. The plat indicates Ventana Ridge has been designed to follow the ridge and if the plat is changed to allow a 90-degree angle with the property line grades become an issue. The applicant has indicated the road will be constructed flush with the south property line, but will not be realigned to be at a 90-degree angle with the property line. A total of 10,657 liner feet of new public street is proposed within the subdivision. Staff is supportive of the design as proposed. The development is proposed with forty-four (44) estate style residential lots created from this 212 acre tract. The subdivision is proposed in four (4) phases. Lots 1 – 18 will be developed in the first phase. The second phase is proposed with the development of ten additional lots, Lots 19 - 28. Phase 3 includes Lots 29 – 35. The final phase is proposed with the development of Lots 36 – 44. The lots will be developed utilizing Central Arkansas Water and individual disposal permits by each of the lot owners. August 7, 2008 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-1544-A 7 All the lots are indicated in excess of three acres, which exempts them from pre-approval perk testing by the Health Department. According to the State Health Department lots in excess of three acres are not considered a subdivision therefore do not require pre-approval of septic systems. The streets will be developed utilizing County Master Road Plan standards and a design standard per the City’s Master Street plan which will allow the streets to develop without curb, gutter and sidewalk and utilizing open ditches for drainage. Ventana Ridge will be constructed per the City’s Local – Industrial Street standard with open ditches. This design requires a 68 foot right of way. Contained within the right of way is 28 feet of paving, six foot paved shoulder, four foot green shoulder, ditch and a ten foot utility easement. The street is proposed constructed to County Master Road Plan standards which allows a 15 percent grade in-lieu of the typical 12 percent grade allowed by the City’s Master Street Plan. The remainder of the streets will be constructed per the Master Street Plan for local residential streets with open drainage. The residential streets require the placement of a 68-foot right of way. Contained within the right of way is a 24 foot paved surface, six foot paved shoulder, six-foot drainage ditch and a ten foot utility easement per the City’s standard. The subdivision is proposed with platted building lines per the typical ordinance standards. The building line proposed along Lawson Road is 35-feet. The building line proposed along the collector street, Ventana Ridge is 30 feet and the building line proposed along the residential streets is 25-feet. The County has indicated a conditional support for allowing the single access to the development. According to Pulaski County Department of Planning the applicant is required to secure a letter of map revision from the Corp of Engineers removing the proposed street entrance from the floodway. Staff is supportive of the request. The development is proposed with lot sizes ranging from 3.01 acres to in excess of 5.0 acres. The average lot size proposed is 4.42 acres. The development is proposed with a density of 0.2 units per acre. To staff’s knowledge there are no outstanding technical issues associated with the request. Staff feels the development of the subdivision with estate type lots should not adversely impact on the area. August 7, 2008 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-1544-A 8 I. STAFF RECOMMENDATIONS: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends approval of the variance request from the Master Street Plan to allow an increased street grade for the proposed collector street. PLANNING COMMISSION ACTION: (AUGUST 7, 2008) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated July 31, 2008, requesting a deferral of this item to the September 18, 2008, public hearing. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The Chair entertained a motion for placement of the item on the Consent Agenda for Deferral as recommended by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. August 7, 2008 ITEM NO.: 2 FILE NO.: S-1538-B NAME: Gateway Town Center Revised Preliminary Plat LOCATION: Located on the Northwest corner of I-30 and I-430 DEVELOPER: Otter Creek Development Company 10 Otter Creek Court, Suite A Little Rock, AR 72210 ENGINEER: McGetrick and McGetrick Engineers 10 Otter Creek Court, Suite A Little Rock, AR 72210 AREA: 176.413 NUMBER OF LOTS: 57 FT. NEW STREET: 11,870 LF CURRENT ZONING: C-4, Open Display District PLANNING DISTRICT: 16 – Otter Creek CENSUS TRACT: 41.03 VARIANCES/WAIVERS REQUESTED: A variance from the Land Alteration Ordinance to allow advanced grading of selected areas of the site with the construction of the streets and basic infrastructure for the lots. BACKGROUND: On October 26, 2006, the Little Rock Planning Commission approved a preliminary plat and Subdivision Site Plan Review for this site. The proposal included the creation of 16 lots and a site plan review to allow the placement of multiple buildings on this 176-acre site currently zoned C-4, Open Display District. In excess of one million square feet of retail, office, entertainment and hotels were planned for the site developed as a Life-Style - Open Air Center. The site plan indicated ten (10) out parcels to be developed with stand alone retail activities including restaurant space. The Town Center with a number of buildings located on a single lot included an anchor store with 200,000 square feet, a theatre with 50,000 square feet, Jr. Anchors for a total of 74,000 square feet and additional square footage was listed including shops and restaurants of 255,200 square feet. The site plan indicated 4,094 parking spaces to serve these uses. The Community Center indicated the placement of 172,000 square August 7, 2008 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1538-B 2 feet of building area and 1,415 parking spaces. A total of 101,000 square feet of building area was indicated in the out parcel area with a total of 1,073 parking spaces. Proposed Lots 11, 12 and 13 were indicated for future development. Lot 11 contained 4.16 acres, Lot 12 contained 11.40 acres and Lot 13 contained 24.87 acres. On November 8, 2007, the Little Rock Planning Commission approved a revision to the previously approved preliminary plat to allow the creation of 19 commercially zoned lots for the site. The lots varied in size from 1.5 acres to 22.1 acres. The development included a 4.7-acre lake on the site and a larger lake off-site for the Arkansas State Game and Fish Commission. The development would include the construction of 9,500 linear feet of new street and an off-ramp from I-430. A variance from the Land Alteration Ordinance to allow advanced grading of the site with the installation of the streets and basic infrastructure was approved by the Little Rock Planning Commission at their November 8, 2007, public hearing. According to the applicant the variance request was necessary based on the large amount of fill needed to bring portions of the site out of the floodplain. The final platting of the lots would be market driven. A. PROPOSAL/REQUEST: The applicant is now seeking to amend the previously approved preliminary plat to allow the creation of 57 lots ranging in size from 0.9 acres to 20.5 acres. Construction is proposed in four phases. The development will contain a 4.7-acre lake on-site and an off site lake constructed for the Arkansas Game and Fish Commission on adjacent property. A total of 7,900 linear feet of new street is proposed. No I-430 off-ramp is proposed with the development. The developers are requesting a variance from the Land Alteration Ordinance to allow grading of a minimum of 50 percent of the site during the first phase. The grading is necessary due to the large amount of fill needed to bring portions of the site out of the floodplain. B. EXISTING CONDITIONS: The site appears relatively flat and has a new growth of forest. Otter Creek Road is located along the western boundary, the I-30 Frontage Road is located along the southern boundary and I-430 is located along the eastern boundary. There is a traffic signal located at the I-30 Frontage Road and Otter Creek Road. There is a floodway located on the north and northwest boundary of the site currently zoned OS. Other uses in the area include a large trucking firm, CAL-ARK, located to the south of the site across Otter Creek Road. Across I-30 there is a large regional hospital facility, a hotel, and a number of office uses, accessed from Mabelvale West. August 7, 2008 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1538-B 3 C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area property owners. All abutting property owners of the site along with Southwest Little Rock United for Progress and the Otter Creek Homeowners Association were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Submit a Traffic Impact Study for the proposed project. Study should address trip generation and trip distribution for the development considering the present C-4 zoning and also should take into account existing and projected traffic growth. Traffic Simulation models should be developed to show that all affected intersections will be capable of handling projected traffic. The most recent study does not consider the present C-4 zoning. 2. Otter Creek Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. 3. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to these streets including 5-foot sidewalks with the planned development. 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. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. A variance is required to be issued if the applicant desires to advance grading portion of the property without imminent construction. 5. Provide a Sketch Grading and Drainage Plan per Section 29-186 (e) showing finish floor elevations, proposed grades, retaining wall heights, slopes, and areas to graded with each phase. 6. Storm water detention ordinance applies to this property. The detention area (Lake #2) will require an easement. 7. The 54-inch reinforced concrete pipe running through the development should be located within a private drainage easement. 8. Driveway locations and widths must meet the traffic access and circulation requirements of Sections 30-43 and 31-210. Lots can share a single driveway access centered on the property line. Based on the dimensions of the lots, each lot will not be allowed their own private driveway. The width of driveway must not exceed 36 feet. August 7, 2008 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1538-B 4 9. Per the Master Street Plan, the proposed loop street should have a 60-foot right-of-way and 36 feet of pavement from back of curb to back of curb with 5-foot sidewalks on both sides. Technology Circle should be designed with a 60-foot right-of-way and a 36-foot wide street from back of curb to back of curb with 5 foot sidewalks on both sides. 10. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 11. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. 12. Alteration of the water course will require approval from the Little Rock District of the US Army Corps of Engineers prior to start of work. 13. A special Grading Permit for Flood Hazard Areas will be required per Section 8-283 prior to construction. 14. The finished floor elevation of the proposed structures must be elevated to at least one (1) foot above the base flood elevation. 15. 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). 16. 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. 17. Street Improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. 18. Per Section 29-189(d), groups of trees and individual trees that are not to be removed or are located within required undisturbed buffer areas shall be protected during construction by protective fencing and shall not be used for material storage or for any other purpose. 19. 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. 20. Street names and street naming conventions cannot be approved by Public Works. Technology Drive already exists and the proposed Technology Circle does not take access off Technology Drive. Contact David Hathcock at (501) 371-4808 for additional information. August 7, 2008 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1538-B 5 E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required, with easements. Contact Little Rock Wastewater Utility for additional information. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. A water main extension and on-site fire protection will be required in order to provide service to this property. Significant off site improvements may be required. Hydraulic analysis is needed to determine requirements. A Capital Investment Charge based on the size of the meter connection(s) may apply to this project in addition to normal charges. This fee will apply to all meter connections including any metered connections off private fire system(s). This development may have significant impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: Install and place fire hydrants per code. Contact the Little Rock Fire Department for additional information. 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 17, 2008) Mr. Pat McGetrick was present. Staff presented an overview stating the plat had been revised since the initial filing. Staff stated the plat being proposed contained 57 lots and approximately 177 acres. Staff stated the property was zoned C-4, Open Display District and was being proposed to allow flexibility by creating a number of smaller lots which could potentially be reconfigured into a lesser number of larger lots. Staff requested Mr. McGetrick provide in the general notes section the proposed linear feet of internal street and if the streets August 7, 2008 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1538-B 6 would be public or private streets. Staff also requested Mr. McGetrick provide the names of abutting property owners. Public Works comments were addressed. Staff requested Mr. McGetrick clearly define the areas proposed for grading. Mr. McGetrick stated the entire site would not be cleared in the first phase. He stated the desire was to retain as many trees as feasible on the site only clearing the fill areas. He stated the fill material would be obtained from the adjoining property owned by the Arkansas Game and Fish Commission and the developer would build the Game and Fish Commission a lake to secure the fill material. Staff stated the Traffic Study was complete. Mr. McGetrick stated based on the traffic study no additional on-site improvements were required. Staff also stated the right of way for Otter Creek Road was in place. Staff noted comments from the various other reporting departments and agencies. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: Mr. McGetrick provided staff with a revised preliminary plat on July 22, 2008, addressing most of the issues raised at the July 17, 2008, Subdivision Committee meeting. Mr. McGetrick has provided the linear feet of new street, indicated the streets will be public streets and provided the names of abutting property owners. Mr. McGetrick has also provided a grading plan for the development of the subdivision. The development is proposed containing 57 lots ranging from 0.9 acres to 18.9 acres. The site is zoned C-4, Open Display District. The subdivision will be developed containing 11,870 linear feet of new public street constructed to Master Street Plan standards. Platted building lines consistent with the zoning district have been indicated along the abutting streets. All other setbacks will comply with the zoning district at the time of development. The request includes a variance from the Land Alteration Ordinance to allow advanced grading of selected areas of the site with the construction of the streets and basic infrastructure for the lots. The applicant has indicated the advanced grading is necessary to balance the site. The applicant has indicated Lots 2, 6, 22, 25, 26 and 27 will be “cut” to allow Lot 10 to be “filled” during the first and/or second phase and to allow the redistribution of material on these lots. The developer has also indicated Phases 3 and 4 will be cleared with the development of the first lot in this area. The lots in these phases will require the addition of five to eight feet of fill to raise the lots above the base flood elevation. During this phase the developer has indicated Lake #2 will be constructed to August 7, 2008 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1538-B 7 obtain the necessary fill material. The removal of the material will allow a fishing lake for the Arkansas Game and Fish Commission to be constructed. The exact location of Lake #2 has not been determined but will be located along the property’s northern boundary. The developer has indicated the desire is to maintain as many existing trees as feasible on the site and not clear the entire site with construction. Staff is supportive of the requested preliminary plat and the variance request from the Land Alteration Ordinance to all grading of the site as indicated in the above paragraphs. To staff’s knowledge there are no outstanding issues associated with the request. Staff feels the creation of the lots as proposed will not significantly impact the development or the area. The lots as proposed exceed the lot widths and lot areas for the C-4, Open Display Zoning District. I. STAFF RECOMMENDATIONS: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends approval of the variance request from the Land Alteration Ordinance to allow grading of the site as indicated in paragraph H of the agenda staff report. PLANNING COMMISSION ACTION: (AUGUST 7, 2008) 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 Land Alteration Ordinance to allow grading of the site as indicated in paragraph H of the agenda staff report. There was no further discussion of the item. The Chair entertained a motion for placement of the item on the Consent Agenda for Approval as recommended by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. August 7, 2008 ITEM NO.: 3 FILE NO.: S-867-EEEEEEE NAME: Lot 1 Tract 94 Chenal Valley Apartments Subdivision Site Plan Review LOCATION: Located on the Southwest corner of LaGrande Drive and Rahling Road Extension DEVELOPER: Richland/Deltic Timber Company 7 Chenal Club Circle Little Rock, AR 72223 ENGINEER: White Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 22.7 + acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: MF-18 PLANNING DISTRICT: 19 – Chenal Planning District CENSUS TRACT: 42.11 VARIANCES/WAIVERS REQUESTED: None requested. The applicant submitted a request dated July 17, 2008, requesting a deferral of this item to the September 18, 2008, public hearing. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (AUGUST 7, 2008) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated July 17, 2008, requesting a deferral of this item to the September 18, 2008, public hearing. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The Chair entertained a motion for placement of the item on the Consent Agenda for Deferral as recommended by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. August 7, 2008 ITEM NO.: 4 FILE NO.: S-1618 NAME: Rahling Heights Condominium Subdivision Site Plan Review LOCATION: Located on the West side of Rahling Road at Pebble Beach DEVELOPER: Keystone Development, LLC 309 Seneca Street Hot Springs, AR 71901 ENGINEER: Laha Engineers 6602 Baseline Road, Suite E Little Rock, AR 72209 Surveyor: White Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 11.0 + acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: MF-12, Multi-family 12 units per acre PLANNING DISTRICT: 19 - Chenal CENSUS TRACT: 42.11 VARIANCES/WAIVERS REQUESTED: A variance from Section 36-257(c) of the Little Rock Code of Ordinances to allow an increased building height (60-foot maximum). A. PROPOSAL/REQUEST: The site contains 11 acres and is zoned MF-12. The applicant is seeking a Subdivision Site Plan review approval for the construction of 132 units of condominium housing resulting in a density of the allowed 12 units per acre. The development is proposed containing four (4) four (4) story buildings with 33 units per building. The first level of the buildings is proposed as covered parking and the remaining three (3) levels are living space. The site plan also indicates the August 7, 2008 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: S-1618 2 placement of two (2) additional buildings for garage and storage space. A clubhouse, tennis court and pool are proposed as amenities to serve the development. The development is proposed as a gated community with access from Rahling Road and a proposed future street located along the northern boundary. The request includes a variance to allow an increased building height for the proposed units. The ordinance typically allows a maximum building height of 35 feet. The development is proposed with a maximum building height of 60 feet. B. EXISTING CONDITIONS: Rahling Road is a two-lane roadway adjacent to the site located within a 90-foot right of way. The road will be widened to four lanes when the traffic volume on Rahling Road reaches 12,000 vehicles per day. The entrance to Pebble Beach is located approximately 850 feet south of the western boundary of the site. There is a wooded strip located across Rahling Road to the east and adjacent to the Pebble Beach Subdivision. West of the site is tree covered and zoned R-2, Single-family. This area was previously approved a preliminary plat for a single- family subdivision which has not developed. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area property owners. All property owners located within 200 feet of the site along with the Chenal Ridge Property Owners Association were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Due to the proposed use of the property, the Master Street Plan specifies that the full width of the future street be constructed for the frontage of this property to meet commercial street standards. Dedicate right-of-way of 60 feet. 2. With site development, provide the design of street conforming to the Master Street Plan. Construct full street improvements to the future street including 5-foot sidewalks with the planned development. 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. August 7, 2008 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: S-1618 3 4. Provide a Sketch Grading and Drainage Plan per Section 29-186 (e). Show all finished grades including retaining wall heights, slopes, and terraces. 5. Storm water detention ordinance applies to this property. 6. 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). 7. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 8. On site striping and signage plans should be forwarded to Public Works, Traffic Engineering for approval with the site development package. 9. Streetlights are required by Section 31-403 of the Little Rock code. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting/certificate of occupancy. Contact Traffic Engineering 379-1813 (Steve Philpott) for more information. 10. A 50-foot right-of-way radius should be shown on the north side of the future street at the intersection with Rahling Road. 11. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The minimum driveway spacing on the future street (commercial street) is 250 feet. The width of driveway must not exceed 36 feet. The location of the driveways do not match on all plans. The proposed driveway on Rahling Road must be located at least 150 feet from the property line. 12. A temporary turnaround should be provided at the end of the future street. 13. If gates are proposed, a turn around must be provided for a WB-30 vehicle attempting to enter development. A stacking distance of 30 feet from pavement of the future street must also be provided. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this property. Capacity contribution Analysis is required. Contact Little Rock Wastewater Utility for additional information. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. August 7, 2008 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: S-1618 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 and/or fire protection system to Central Arkansas Water for review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. Fire sprinkler systems which do not contain additives such as antifreeze shall be isolated with a double detector check valve assembly. If additives are used, a reduced pressure zone backflow preventer shall be required. The facilities on-site will be private. When meters are planned off private lines, private facilities shall be installed to Central Arkansas Water's material and construction specifications and installation will be inspected by an engineer, licensed to practice in the State of Arkansas. Execution of Customer Owned Line Agreement is required. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: Install and place fire hydrants per code. If gates are proposed a minimum gate opening of 20-feet must be maintained to allow adequate access. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: 1. The site plan must comply with the City’s landscape ordinance requirements. 2. The zoning buffer ordinance requires a minimum forty-one foot wide (41’) land use buffer along the western property line. Seventy percent (70%) of which is to be left undisturbed. Easements cannot count towards meeting this minimal requirement. 3. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the western perimeter of the site. Credit towards fulfilling this requirement can be given for existing trees and undergrowth that satisfies this year-around requirement. August 7, 2008 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: S-1618 5 4. The zoning buffer ordinance requires a land use buffer averaging forty feet wide (40’) along the northern perimeter. 5. The zoning buffer ordinance requires an average forty-one foot wide (41’) street buffer along Rahling Road and in no case less than half. 6. This sites combined parking numbers exceed one hundred and fifty spaces. The interior islands are to be a minimum of three hundred square feet (300) in area to receive credit towards the minimal landscape ordinance requirements. Interior islands on the site are to be evenly distributed. 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 tree covered sites. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (July 17, 2008) Mr. Danny Mitchell was present representing the request. Staff presented an overview of the development stating Mr. Mitchell had previously received the comments and most of the concerns had been addressed. Staff stated Mr. Mitchell was aware the gate entrance did not comply with City standards and would be redesigned to comply with staff’s comments. Public Works comments were addressed. Staff stated the developer would be responsible for construction of the entire width of the “future street” indicated on the site plan. Staff stated the street was not a part of the City’s Master Street Plan and was not required but if the street was indicated on the proposed site plan the street was required to be built. Staff stated the sketch grading plan was necessary to determine wall height and to ensure no variances would be required for the Land Alteration Ordinance standards and was required prior to the Commission acting on the request. The Commissioners questioned the trigger for Rahling Road construction from the current two lanes to the required four lanes. Staff stated the road would be completed when the traffic volume reached 12,000 cars per day. Staff stated the current volume was 8,000 to 9,000 cars per day. Staff stated there had not been traffic counts completed in the past few months. Staff stated the counts did not include traffic after the opening of Fellowship Bible Church and the Promenade Shopping Center. August 7, 2008 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: S-1618 6 Landscape comments were briefly discussed. Staff stated the land use buffer requirement would be the same along the northern perimeter as the indicated street buffer or 40 feet. Staff also stated the required land use buffer along the western perimeter would be 41 feet. Staff stated both were land use buffers and a minimum of 70 percent of the area was to remain undisturbed. Staff noted comments from the various other reporting departments and agencies. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing most of the issues raised at the July 17, 2008, Subdivision Committee meeting. The gated entrances have been redesigned to avoid stacking onto the abutting roadways but do not appear to provide the proper turn-around. The gated turn around must provide for a WB-30 vehicle attempting to enter development and a stacking distance of 30 feet from pavement of the future street and Rahling Road. The applicant has also provided staff with a sketch grading plan which indicates there are no variances required from the Land Alteration Ordinance concerning wall heights. The revised plan maintains the proposed future street. The applicant has indicated Deltic Timber Company will construct the entire width of the street with the proposed development. The site contains 11 acres and is zoned MF-12 and is proposed for a Subdivision Site Plan Review to allow the construction of 132 units of condominium housing. The resulting density is 12 units per acre. Four (4) four (4) story buildings with 33 units per building is proposed. The first level of the buildings is covered parking and the remaining three levels are living space. Due to the topography of the site the buildings will appear three-story on the front and four story on the rear. Two additional buildings for garage and storage space are indicated on the site plan. A clubhouse, tennis court and pool are proposed as amenities to serve the development. The development is proposed as a gated community with access from Rahling Road and the proposed future street. The gate entrances have been designed to avoid stacking of automobiles onto the abutting roadways. The total building square footage is 176,000 square feet including the principal and accessory space. The total living space is 145,000 square feet. A variance to allow an increased building height of 60 feet is being requested. The property is zoned MF-12 which allows a maximum building height of 35 feet. The building height is measured from the lowest level of the garage area and there is a significant elevation change from east to west (front to back). The Zoning August 7, 2008 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: S-1618 7 Ordinances defines building height as the vertical distance as measured through the central axis of the building from the elevation of the lowest finished floor level to the highest point of ceiling of the top story in the case of a flat roof; to the deck line of a mansard roof; and to the mean height level between the eaves and ridge of a gable, hip or a gambrel roof. This definition shall not be deemed to include church steeples, bell towers, antennas, chimneys, or other similar structural embellishments. The applicant has indicated the desire is to construct a gable roof to allow the buildings to be constructed in a similar fashion to the surrounding homes. Staff is supportive of the variance request. The site plan indicates landscaping, screening and setback per the MF-12 Zoning District. The site plan indicates the placement of 115 surface parking spaces, 25 parking spaces per building located on the ground floor and 56 spaces in the Garage/Storage building for a total of 271 parking spaces. Based on parking required for multi-family developments 198 spaces are required. The parking provided is more than adequate to serve the proposed use. Four dumpster locations have been identified on the site plan. A note indicates the dumpsters will be screened per the ordinance. Per Section 36-523(d), Screening required, dumpsters or trash containment areas shall be screened and the screen shall exceed the height of the dumpster or trash containment area by at least two (2) feet not to exceed eight (8) feet total height. Staff is supportive of the request. Although there is a variance associated with the request staff does not feel the variance to allow an increased building height will significantly impact the area. The topography of the site is such that at there is a grade change from Rahling Road to the western boundary. Some grading will take place on the site but there is also a desire to utilize the existing topography as much as possible. To staff’s knowledge there are no outstanding technical issues associated with the request. Staff does not feel the placement of 132 units of condominium housing at the density of the existing zoning will significantly impact the area. I. STAFF RECOMMENDATIONS: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends approval of the variance request to allow an increased building height of 60 feet for the development. August 7, 2008 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: S-1618 8 Staff recommends a turn around prior to the gated entrance to provide for a WB-30 vehicle attempting to enter development and a stacking distance of 30 feet from pavement of the future street and Rahling Road. PLANNING COMMISSION ACTION: (AUGUST 7, 2008) 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 presented a recommendation of approval of the variance request to allow an increased building height of 60 feet for the development. Staff presented a recommendation turn arounds prior to the gated entrances provide for a WB-30 vehicle attempting to enter development and a stacking distance of 30 feet from pavement of the future street and Rahling Road. Ms. Ann Coleman addressed the Commission in opposition of the request. She stated developers should be required to construct the infrastructure prior to development in an area. She stated her concern was the traffic on Pebble Beach. She stated she had started at City Hall at 9:00 am with a meeting with the Mayor and the City’s Traffic Engineer trying to determine various assistance measures to relieve traffic on Pebble Beach. She stated with the development on Chenal and Rahling Road traffic in the area would be tempted to travel Pebble Beach to get to Pulaski Academy rather than traveling to the intersection of Rahling and Hinson Road to then travel east. She stated Deltic was not going to move their land to another state. She stated the City should required Deltic and all developers to construct the infrastructure prior to allowing development to occur. She stated once driving habits were formed it was difficult to change. Ms. Coleman requested the Commission not allow the development to occur without the proper infrastructure and street network. The Commission stated the site was zoned multi-family and the request before the Commission was a site plan review. The Commission stated the request included a variance and the item for the Commission to consider was the height of the units and if the units would be 35-feet high or 60-feet high. The Commission questioned the timing for completing Rahling Road. Staff stated the improvements were to be completed when traffic volumes reached 12,000 cars per day. Staff stated counts had not been completed recently but they felt the volume were between 8,000 and 9,000 cars per day with the opening of Fellowship and the retail on Chenal Parkway. August 7, 2008 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: S-1618 9 Mr. Bryan Meldrum addressed the Commission with questions. He questioned how the property would drain. Mr. Danny Mitchell stated the site drained on the west side of Rahling Road. Mr. Meldrum stated the creek was on the east side and the water from the condo site would drain to the creek. Staff stated they were not sure where the cross drain was located but the water would cross Rahling Road at some point to flow to the creek. Mr. Meldrum question the location of the dumpster facilities. Staff stated there were four locations at the ends of the buildings. Mr. Mitchell stated the site plan included locations but during the permitting process if staff found a better location the dumpster could be moved. Mr. Meldrum questioned grading. Mr. Mitchell stated there was a 100 foot grade elevation on the site. He stated there would be two to three levels with a 20 to 25 foot grade separation between the levels. There was a general discussion of the Commission concerning the proposed drainage. Commissioner Rector stated the City had ordinances to protect adjoining property owners. He stated the water could not leave faster than presently flowing from the site. Mr. Meldrum stated if consideration was not given to drainage there would be water on Rahling Road. Commissioner Rector stated the engineering plans had not been developed. He stated once the plans were drawn staff would review the plan to ensure all City ordinances were adhered to. Chairman Taylor stated he did have concerns with the area and how the area developed. He stated he was a resident of a nearby neighborhood and consideration would be given to future applications and request for rezonings that impacted the area. 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 8 ayes, 0 noes, 2 absent and 1 recusal (Commissioner Laha). August 7, 2008 ITEM NO.: 5 FILE NO.: Z-4213-J NAME: The Look Out at Colonel Glenn Long-form PCD LOCATION: Located on the Northwest corner of Colonel Glenn Road and Lawson Road DEVELOPER: R. Huckaby Development Company 30 Bretagne Circle Little Rock, AR 72223 ENGINEER: White Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 6.6 acres NUMBER OF LOTS: 3 FT. NEW STREET: 500 LF CURRENT ZONING: O-3, General Office District ALLOWED USES: General Office PROPOSED ZONING: PCD PROPOSED USE: O-3, General Office, C-1, Neighborhood Commercial and C-3, General Commercial VARIANCES/WAIVERS REQUESTED: 1. A variance from the Land Alteration Ordinance to allow grading of the three lots with the construction of the first building. 2. A variance from the Master Street Plan to allow an increased vertical profile of an arterial street. 3. A variance from the Master Street Plan to allow an increased vertical profile of a minor commercial street. 4. A variance from the Master Street Plan to allow an increased intersection grade at Huckaby Corporate Drive and Colonel Glenn Road. August 7, 2008 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-4213-J 2 A. PROPOSAL/REQUEST: The property is located at the Northwest corner of Lawson Road and Colonel Glenn Road. The developer intends to subdivide the property into three (3) lots. Lot 1 is proposed for future C-3, General Commercial District uses and Lot 2 is proposed with a spec building with C-1, Neighborhood Commercial uses. Lot 3 is proposed with a seven story office building utilizing O-3, General Office District uses and the allowance of accessory uses as defined in the O-3, General Office Zoning District. Lot 1 will contain 1.32 acres. Lot 2 will contain 1.24 acres and a 14,000 square foot single story commercial building. The site plan indicates the placement of 55 parking spaces with a shared drive located on the property line of Lots 1 and 2 and accessed from Huckaby Corporate Drive. Lot 3 is proposed containing 2.32 acres and 195 parking spaces. Of the seven stories proposed for the office building the first two levels are parking and the remaining levels contain 78,125 square feet of office space. The request includes a variance from the Land Alteration Ordinance to allow grading of the three lots with the construction of the first building. Variances from the Master Street Plan to allow an increased vertical profile of an arterial street and of a minor commercial street are being requested. The applicant is also seeking a variance from the Master Street Plan to allow an increased intersection grade at Huckaby Corporate Drive and Colonel Glenn Road. B. EXISTING CONDITIONS: The site was cleared with the construction of Bowman Plaza Subdivision located to the east. The grade is such that the center of the site is approximately 60 feet higher than the elevation at the eastern and southern boundaries. To the north is a manufactured home park accessed from Bowman Road. South of the site is a volunteer fire station and east is a parking lot serving the Bowman Plaza Office/Warehouse development. The area is a commercial node containing a convenience store, a neighborhood grocery, branch banks, a number of car dealerships and a movie theater. Colonel Glenn Road is a narrow unimproved road adjacent to the site with open ditches for drainage. Adjacent to this site is a hard curve which is proposed for reconstruction with the redevelopment of abutting properties. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area property owners. All property owners located within 200 feet of the site, all residents, who could be August 7, 2008 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-4213-J 3 identified, located within 300 feet and Southwest Little Rock United for Progress were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Colonel Glenn Road is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way for a total width of 110 feet will be required along the frontage of the subject property where the applicant owns both sides of the Colonel Glenn Road per the realignment. In other words the entire right-of-way width will be dedicated from the subject property not just the northern half. 2. With site development, provide the design of street conforming to the Master Street Plan. Construct full street improvements to Colonel Glenn Road including 5-foot sidewalks with the planned development on the new alignment. The full construction of the street for a principal arterial street, which includes 59 feet from back of curb to back of curb should occur from the west curb line of Lawson Road to the applicants west property line. Transition areas should be provided on the east and west sides of the full street construction. Resubmit plans reflecting these changes showing what parts will be built by the applicant as part of this project. 3. Provide vertical profiles of Colonel Glenn Road, Huckaby Corporate Drive and their intersection. 4. With site development, provide the design of street conforming to the Master Street Plan. Construct street improvement to Huckaby Corporate Drive including 5-foot sidewalks on both sides of the street with the planned development. 5. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The east driveway should be removed. The driveway spacing requirement on a principal arterial street is a minimum of 300 feet. 6. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 7. Provide a Sketch Grading and Drainage Plan as required per Section 29- 186 (e). Show all proposed grades, retaining walls heights, slopes, and terraces heights. August 7, 2008 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-4213-J 4 8. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. 9. Provide a letter prepared by a registered engineer certifying the intersection sight distance complies with 2004 AASHTO Green Book standards. 10. Hauling of fill material on or off site over municipal streets and roads requires approval prior to a grading permit being issued. Contact Public Works Traffic Engineering at 621 S. Broadway, (501) 379-1805 (Travis Herbner) for more information. 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. 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). 13. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 14. Colonel Glenn Road must be constructed per the 2004 AASHTO Green Book which requires Colonel Glenn Road to be superelevated to a maximum slope of 4% per Exhibit 3-14 for a design speed of 45 mph. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required with easements to serve the proposed lots. 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: Central Arkansas Water needs a 20-foot-wide waterline easement centered over the existing 12-inch water main where public right-of-way is being abandoned or else the 12-inch water main must be relocated to the proposed public right-of-way at the expense of the developer. Please submit plans for water facilities and/or fire protection system to Central August 7, 2008 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-4213-J 5 Arkansas Water for review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. Fire sprinkler systems, which do not contain additives such as antifreeze shall be isolated with a double detector check valve assembly. If additives are used, a reduced pressure zone backflow preventer shall be required. Fire Department: Install and 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 Ellis Mountain Planning District. The Land Use Plan shows Mixed Office Commercial for this property. The applicant has applied for a Short form Planned Commercial Development for a mixed development of office and commercial uses. The request does not require a change to the Land Use Plan. Master Street Plan: Colonel Glenn Road is shown as a Principal Arterial. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Colonel Glenn since it is a Principal Arterial. There is a proposed street on this Planned Development, which would be a local street. The primary function of a Local Street is to provide access to adjacent properties. Local Streets which are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. These streets have a design standard the same as a Collector. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class I route is shown along Colonel Glenn 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 Action Plan. August 7, 2008 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-4213-J 6 Landscape: 1. The site plan must comply with the City’s landscape ordinance requirements. 2. The zoning buffer ordinance requires a minimum fifty foot wide (50’) land use buffer along the northern property line. Seventy percent (70%) of which is to be left undisturbed. Easements cannot count towards meeting this minimal requirement. 3. The zoning buffer ordinance requires a minimum sixteen and one half foot wide (16.5’) land use buffer along the western property line. Seventy percent (70%) of which is to be left undisturbed. Easements cannot count towards meeting this minimal requirement. 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 northern and the western perimeters of the site. Credit towards fulfilling this requirement can be given for existing trees and undergrowth that satisfies this year-around requirement. 5. This site plan is being reviewed as an overall development, which will require an automatic irrigation system to water landscaped areas on all lots at the time of development. 6. This site plan is being reviewed as an overall development. 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 tree covered sites. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (July 17, 2008) Mr. Joe White was present representing the request. Staff presented the item stating there were additional items necessary to complete the review process. Staff stated details of the proposed signage plan were required including ground mounted and building signage. Staff also stated site lighting was to be low level and directional directed downward and into the site. Staff stated a minimum of 10 to 15 percent of the site was required to be designated as landscaped area. Staff also requested Mr. White provide the percentage of building coverage, the percentage of landscaping and the percentage of paved area in the general notes section of the site plan. August 7, 2008 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-4213-J 7 Public Works comments were addressed. Staff stated Colonel Glenn Road was indicated as a principal arterial and would require dedication and street construction per the Master Street Plan. Staff stated the design of Colonel Glenn Road adjacent to the site included removal of the existing “hard curve” with the entirety of the new road construction located on the applicant’s property. Staff stated they would work with the developer to provide the transition with the existing road and the new construction. Staff requested Mr. White provide the vertical profile of Colonel Glenn Road and Huckaby Corporate Drive. Staff questioned Mr. White concerning his plans for grading. Mr. White stated the desire was to haul the excess dirt from this site to a site on Stagecoach Road. He stated the fill site was a separate application request on the agenda the Village at Hidden Creek Apartments Long-form PID (Z-8235-A). There was a general discussion of what would be considered imminent construction on both projects. Staff stated construction was required to begin within eight months of clearing and grading to be considered imminent. Landscaping comments were addressed. Staff stated the site plan proposed along the northern boundary did not comply with the City’s Buffer Ordinance requirements. Staff stated easements could not count in meeting the buffer requirement and 70 percent of the buffer area was to remain undisturbed. Staff also stated since the site plan indicated in excess of 150 parking spaces the interior landscape islands would need to be 300 square feet in area. Mr. White stated the individual lots did not contain in excess of 150 spaces. He stated based on the number of spaces on each of the lots the lots should be allowed the lesser 150 square foot interior islands. Staff stated the interior landscaping would be based on the individual lot development. Staff noted screening would be required on the lots abutting residentially zoned and used property. Staff noted comments from the various other reporting departments and agencies. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: Mr. White provided staff with an updated site plan addressing most of the issues raised at the July 17, 2008, Subdivision Committee meeting. The revised plan indicates the proposed signage plan, a note concerning the site lighting and the percentage of building coverage, the percentage of landscaping and the percentage of paved area in the general notes section of the site plan. The drive on Colonel Glenn has been removed. The applicant has met with staff concerning the street alignment and street construction of Colonel Glenn Road along the property’s frontage. August 7, 2008 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-4213-J 8 The development is proposed with three (3) lots. A new public street will be extended from Colonel Glenn Road with all access drives on the new street. The street is proposed with 500 linear feet and constructed with 31 feet of pavement in a 60 foot right of way. A sidewalk will be placed along the east side of the street. As the property to the west is developed the additional sidewalk will be added in this area by the future development to comply with the Master Street Plan. Lot 1 is proposed for future C-3, General Commercial District uses and has not been indicated with a development plan. According to the applicant at the time of development the building footprint and parking areas will be submitted to the City for approval through a revision to the PCD. Lot 1 will contain 1.32 acres. Lot 2 is proposed containing 1.24 acres developed with a spec building utilizing C-1, Neighborhood Commercial uses as allowable uses. The building is proposed containing 14,000 square feet. A total of 55 parking spaces are indicated on the site plan. The parking required for a commercial development is one space per 300 gross square feet. Based on the square footage proposed a total of 46 spaces would typically be required. Building signage is proposed along the front of the building. The building signage will comply with signage allowed in commercial zones or a maximum of 10 percent of the front façade area. A single ground mounted monument style sign is proposed within the front yard area. The sign is proposed with a maximum height of six feet and a total sign area of 120 square feet. The maximum building height is 35 feet. The lot coverage for Lot 2 is 26 percent. The paved area is 42.5 percent and the landscaped and open space area is 31.5 percent. Lot 3 is proposed with a seven-story office building utilizing O-3, General Office District uses and the allowance of accessory uses as defined in the O-3, General Office Zoning District. The lot will contain 2.32 acres. The office building will total 78,125 square feet and 195 parking spaces. Of the seven stories proposed the first two levels are parking with the remaining levels being office space. The parking required for an office development based on the above square footage would be 195 spaces. The maximum building height is 95 feet. Lot 3 has 15.5 percent of building coverage, 33.6 percent paved area and 50.9 percent landscape and open space area. Building signage is proposed along the front of the building. The building signage will comply with signage allowed in office zones or a maximum of 10 percent of the front façade area. A single ground mounted monument style sign is proposed within the front yard area. The sign is proposed with a maximum height of six feet and a total sign area of 120 square feet. August 7, 2008 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-4213-J 9 The hours of operation for the retail and office is 6:30 am to 10:00 pm seven days per week. The hours of operation for a restaurant use is 6:30 am to 11:00 pm seven days per week. The dumpster service hours are limited to 6:30 am to 10:00 pm seven days per week. All site lighting is to be low level and directional, directed downward and into the site. The request includes a variance from the Land Alteration Ordinance. The excess fill from this site will be used on a site located on Stagecoach Road near the County line. The fill site is a separate item on this agenda, the Village at Hidden Creek Apartments Long-form PID (Z-8235-A). The trigger for the grading would be when a building permit is pulled for either of the two sites. The entirety of this site would be “brought down” and Tract E and Lots 1 – 6 of the Stagecoach Road site will be filled. Variances from the Master Street Plan to allow an increased vertical profile of an arterial street and of a minor commercial street are being requested. The applicant is also seeking a variance from the Master Street Plan to allow an increased intersection grade at Huckaby Corporate Drive and Colonel Glenn Road. Staff is supportive of the request. The site is indicated as Mixed Office Commercial on the City’s Future Land Use Plan. The development as proposed is a mixed use development of office and commercial uses and is consistent with the City’s plan for the area. To staff’s knowledge there are no outstanding technical issues associated with the request. Although there are variances from the Master Street Plan and the Land Alteration Ordinance staff does not feel these variances will significantly impact the development or the area. I. STAFF RECOMMENDATIONS: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends approval of the variance request from the Land Alteration Ordinance to allow grading of the three lots with the issuance of a building permit for this site or for the site located on Stagecoach Road, the Village at Hidden Creek Long-form PID. Staff recommends approval of the variance request from the Master Street Plan to allow an increased vertical profile of an arterial street. Staff recommends approval of the variance request from the Master Street Plan to allow an increased vertical profile of a minor commercial street. August 7, 2008 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-4213-J 10 Staff recommends approval of the variance request from the Master Street Plan to allow an increased intersection grade at Huckaby Corporate Drive and Colonel Glenn Road. PLANNING COMMISSION ACTION: (AUGUST 7, 2008) Staff presented the item with a recommendation of deferral of the item to the September 18, 2008, public hearing to allow staff and the applicant time to meet with an adjoining property owner to address their concerns related to the site grading and the retaining wall height. 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. August 7, 2008 ITEM NO.: 6 FILE NO.: Z-4807-J NAME: Lot 3, Tract 94 Chenal Valley Long-form PCD LOCATION: Located on the Southwest corner of LaGrande Drive and Rahling Road Extension DEVELOPER: Deltic Timber Company 7 Chenal Club Circle Little Rock, AR 72223 ENGINEER: White Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 8.38 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: MF-18 ALLOWED USES: Multi-family 18 units per acre PROPOSED ZONING: PCD PROPOSED USE: C-3, General Commercial District and O-3, General Office District VARIANCES/WAIVERS REQUESTED: None requested. The applicant submitted a request dated July 17, 2008, requesting a deferral of this item to the September 18, 2008, public hearing. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (AUGUST 7, 2008) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated July 17, 2008, requesting a deferral of this item to the September 18, 2008, public hearing. Staff stated they were supportive of the deferral request. August 7, 2008 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-4807-J 2 There was no further discussion of the item. The Chair entertained a motion for placement of the item on the Consent Agenda for Deferral as recommended by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. August 7, 2008 ITEM NO.: 7 FILE NO.: Z-4807-K NAME: Lot 2, Tract 94 Chenal Valley Long-form PD-R LOCATION: Located on the Southwest corner of LaGrande Drive and Rahling Road Extension DEVELOPER: Richland/Deltic Timber Company 7 Chenal Club Circle Little Rock, AR 72223 ENGINEER: White Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 8.02 + acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: POD, R-2, Single-family and MF-24 ALLOWED USES: Office, Single-family and Multi-family up to 24 units per acre PROPOSED ZONING: PD-R PROPOSED USE: Multi-family 13.97 units per acre VARIANCES/WAIVERS REQUESTED: None requested. The applicant submitted a request dated July 17, 2008, requesting a deferral of this item to the September 18, 2008, public hearing. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (AUGUST 7, 2008) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated July 17, 2008, requesting a deferral of this item to the September 18, 2008, public hearing. Staff stated they were supportive of the deferral request. August 7, 2008 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-4807-K 2 There was no further discussion of the item. The Chair entertained a motion for placement of the item on the Consent Agenda for Deferral as recommended by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. August 7, 2008 ITEM NO.: 8 FILE NO.: LU08-18-01 Name: Land Use Plan Amendment - Ellis Mountain Planning District Location: Southwest corner of Chenal Parkway and Kanis Road Request: Mixed Office Commercial to Community Shopping Source: Robert M. Brown, Development Consultants, Inc. PROPOSAL / REQUEST: A Land Use Plan amendment in the Ellis Mountain Planning District from Mixed Office Commercial to Community Shopping. Community Shopping provides for shopping center development with one or more general merchandise stores. The applicant is proposing to build a new Kroger store and redevelop the existing store into other commercial uses. EXISTING LAND USE AND ZONING: The property is the site of an existing Kroger store and an Arvest bank branch. The western portion of this site is vacant and undeveloped. It is currently zoned Planned Commercial Development and is 26 acres ± in size. To the southeast of the application area is a Planned Commercial Development for what used to be Chenal Gardens. The southeast corner of Chenal Parkway and Kanis Road is zoned C-3 for a One Banc branch and Planned Commercial Development for a National Home Center on Chenal Parkway. To the west of the amendment area is also zoned PCD, but it is still currently undeveloped. South of this site is zoned R-2 Single Family and is mostly still undeveloped along the north side of Pride Valley Road. Along the north side of this application is zoned C-3 for a Shell Station and PCD for Chenal Dentistry, Delta Trust, and two car dealerships. Northeast is zoned R-2 with a CUP for Highland Valley United Methodist Church. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: January 1, 2008, Ordinance 19986 amended the area along the Champagnolle Drive extension on the west of the future extension of Rahling Road from Multi Family to Neighborhood Commercial and Community Shopping for future development. August 6, 2007, Ordinance 19798 amended the northwest corner of Chenal Parkway and Wellington Hills Drive from Mixed Office Commercial to Neighborhood Commercial for a Walgreens development. March 20, 2007, Ordinance 19722 amended several different sites in this vicinity. This was a City initiated amendment initiated due to concerns about a recent Land Use Plan Amendment on Kanis near Chenal Parkway. The changes were along Kanis Road from August 7, 2008 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: LU08-18-01 2 Multi Family to Single Family, Single Family to Neighborhood Commercial, Public Institutional to Suburban Office, and Multi Family to Commercial. Ordinance 19577 on August 15, 2006 amended the area at the southeast corner of Chenal Parkway and Arkansas Systems Drive from Office to Mixed Office Commercial. This was to allow for the development of a bank and a three-story building with 31 percent commercial. June 27, 2006 a change was made from Office, Neighborhood Commercial and Low Density Residential to Mixed Office Commercial approximately one mile to the northeast of this amendment located east of Kirk Road and north of Chenal Parkway. The changes resulted from a Planned Commercial Development reclassification to allow for future development. The amendment area is currently shown on the Future Land Use Plan as Mixed Office Commercial (MOC). This MOC extends west to the 17200 block of Kanis Road. The southern boundary of this MOC is buffered by a Park/Open Space strip which follows the floodplain of Rock Creek. South of that is shown as Single Family. Along the north side of Chenal Parkway is Commercial from Technology Drive to just east of this amendment site. The southeast corner of Chenal Parkway and Kanis Road is also shown as Commercial. Northeast of this amendment is shown as Public Institutional and Neighborhood Commercial. 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 since it is a Principal Arterial. Kanis Road 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 and pedestrians on Kanis since it is a Minor Arterial. Kirk Road is shown as a proposed Collector along the western property line of this development. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. BICYCLE PLAN: A Class I route is shown along Chenal Parkway. A Class I bikeway is built separate from or alongside a road. Additional paving and right of way may be required. August 7, 2008 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: LU08-18-01 3 PARKS: According to the Master Parks Plan, this site is located within eight blocks of a park or open space. To the east of this property is the Rock Creek greenbelt. HISTORIC DISTRICTS: There are no city recognized historic districts that would be affected by this amendment. CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN: The property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. ANALYSIS: This area of Little Rock has seen major growth in the last ten years. New subdivisions have been built to the northwest and northeast of this amendment site along with large- lot subdivisions to the southwest outside the city limits. The amendment area is located along Chenal Parkway at the intersection of Kanis Road. Chenal Parkway is a Principal Arterial on the Master Street Plan and Kanis Road is a Minor Arterial. The northwest corner of this amendment area is at the intersection of Kirk Road and Chenal Parkway. This intersection is still being developed but it does already have a traffic signal. This location has been shown as Mixed Office Commercial on the plan for more than ten years, but the only developments that have occurred are the Arvest branch bank in an out parcel and the Kroger store. The applicant has also filed a revision to a previously approved Planned Commercial Development (PCD) for this site. The revision would allow a new Kroger supermarket to be located adjacent to the existing store on the undeveloped portion of the PCD. This revision to the PCD does not include any office uses for the future development. This area will have a large parking lot with two large buildings, a fuel center, the existing Arvest bank and several smaller outparcels available for commercial uses. This large commercial development would not have been possible without a land use plan amendment. The existing areas shown as Commercial along Chenal Parkway are either too small for this type of development or have already been developed. There are still almost 200 acres of land shown as Office in this area and quite a bit of it is still undeveloped. This area has changed drastically over the past ten to twenty years. There have been over 1500 single family building permits issued in this area since January 2003. This influx of new residents has created a demand for more commercial services for the area residents. Community Shopping is a land use category which provides for a shopping center development with one or more large, August 7, 2008 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: LU08-18-01 4 general merchandise stores. The majority of the commercial development in this area has been and is proposed to be regional in nature. The availability of local commercial to serve the immediate neighborhoods is lacking. Small scale shops and services which meet these needs could help reduce travel demands on the street network in the western sections of Little Rock, thereby reducing trips. Because it includes a bank, a grocery store and a fuel center, this type of development would serve the immediate residents of the area, while some of the other commercial in this area is geared more towards regional shoppers. There is currently only one fuel station in this immediate area, so the addition of a fuel center at Kroger would provide area residents with an option when purchasing gas. NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood associations: St. Charles, Villages of Wellington and Parkway Place. Staff has received no comments from area residents. STAFF RECOMMENDATIONS: Staff believes the change is appropriate. PLANNING COMMISSION ACTION: (AUGUST 7, 2008) The item was placed on consent for approval. By a vote of 9 for, 0 against the consent agenda was approved. August 7, 2008 ITEM NO.: 8.1 FILE NO.: Z-6318-C NAME: Dairy Land Revised Long-form PCD LOCATION: Located on the Southwest corner of Chenal Parkway and Kanis Road DEVELOPER: Whisenhunt Investments c/o Kemp Whisenhunt 35 Windsor Court Little Rock, AR 72212 ENGINEER: Development Consultants Inc. 2200 North Rodney Parham Road Suite 220 Little Rock, AR 72212 AREA: 25.3 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: PCD ALLOWED USES: Mixed Use Development including C-3, General Commercial District uses PROPOSED ZONING: Revised PCD PROPOSED USE: C-2, Shopping Center District uses VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: On August 19, 1997, the Little Rock Board of Directors adopted Ordinance No. 17,556 establishing Dairyland Long-form PCD. The property was approved for a mixed-use development containing three Phases. Phase I was to include a 76,560 square foot Kroger Store, 9,000 square feet of retail/restaurant, 646 parking spaces and Lease Parcel 1. Phase II was to contain 35,000 square feet of retail and Phase III was to contain 90,000 square feet of retail, 306 parking spaces and Lease Parcels 2 and 3. Phase I was to begin development upon approval and Phases II and III were to begin August 7, 2008 SUBDIVISION ITEM NO.: 8. 1 (Cont.) FILE NO.: Z-6318-C 2 construction within a three year time period. No specific proposal was submitted for approval for the three Lease Parcels. The applicant indicated approval would be obtained at the time of development. Ordinance No. 18,868 adopted by the Little Rock Board of Directors on November 17, 1988, revised the previously approved site plan for Dairyland Long-form PCD. The revision included moving the approved phase line to include Lease Parcel 2 and add 12 parking spaces. The revision also included the construction of the drive along the south side of Lease Parcel 2. The applicant submitted a site plan for Lease Parcel 2 for approval. The site plan included the construction of a 4,200 square foot bank building with 29 parking spaces. Phase I has been constructed. No construction has begun on Phases II and III. Ordinance No. 19,332 adopted by the Little Rock Board of Directors on May 17, 2005, revised the previously approved PCD to allow twelve of the existing parking spaces to be used as seasonal outdoor display. From March to September the approval allowed Kroger to display lawn furniture, bar-b-que grills and miscellaneous outdoor equipment in their parking lot. The displayed items would be barricaded to prevent customers from parking in the display area and creating traffic conflicts. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: This site has a history of PCD approvals under the name of Dairyland Shopping Center. At this time, the developers are requesting approval of a plan revision to allow a new 119,240 square foot Kroger store that will fill out the western end of the shopping center area. The existing Kroger store (64,753 square feet) will be adapted for a new user, or multiple users, after the new store is completed and occupied. An addition to the eastern building containing 10,150 square feet is also proposed. The proposed shopping center building area will be approximately 194,143 square feet (7.52%) less than the main building area approved in previous plans. A fuel service canopy has been added at the east side of the western Chenal entry drive; and, Kroger requests the continued right to have a limited amount of seasonal outdoor display in shopping center parking areas. The other significant change to the plan is at the eastern side at Kanis Road. The drive access has been rearranged to move the primary entry further south and away from the Chenal/Kanis intersection. This drive will now serve as customer access and truck service. With the newly proposed Kroger building and other plan changes, the applicant has proposed to eliminate the requirement of any significant office uses. The request includes a revision to the approved uses to be those listed for C-2, Shopping Center District uses. A request to amend the City’s Future Land Use Plan from Mixed Office Commercial to Community Shopping is a separate item on the agenda (LU08-18-01). August 7, 2008 SUBDIVISION ITEM NO.: 8. 1 (Cont.) FILE NO.: Z-6318-C 3 The improvements shown for Kirk Road and Chenal Parkway are as shown in the design drawings for the road and intersection improvements. Whisenhunt Investments is implementing these improvements as required under their approvals for the neighboring property across Kirk Road. These improvements also include the completion of the Chenal median and conversion of the western entry for right turn only ingress and egress, as required in the original site plan. There will be some minor right-of-way dedications required from this site. All other boundary street rights-of-way and street improvements have been dedicated and completed from the original development. B. EXISTING CONDITIONS: The site is developed with a Kroger Store and a bank facility. The out parcels have not developed and remain cleared and vacant. There is a traffic signal located at the intersection with Chenal Parkway and Kanis Road. Adjacent to the site, Chenal Parkway is a four lane roadway. Kanis Road has been constructed to Master Street Plan standard adjacent to the development. There is undeveloped conceptual PCD located to the west of the site on a former golf driving range. A convenience store, automobile dealership and church are among the uses across Chenal Parkway to the north. A building supply store is located across Kanis Road to the east and there is an abandoned plant nursery located to the southeast along Kanis Road. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment 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 along with the Parkway Place Property Owners Association were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. With site development, provide the design of street conforming to the Master Street Plan. Construct street improvements to Chenal Parkway and Kirk Road including 5-foot sidewalks with the planned development. These improvements are being completed with the Shackleford 150 project. 2. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. August 7, 2008 SUBDIVISION ITEM NO.: 8. 1 (Cont.) FILE NO.: Z-6318-C 4 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. Storm water detention ordinance applies to this property 5. A Special Grading Permit for Flood Hazard Areas will be required per Section 8-283 prior to construction. 6. 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. 7. 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. 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. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. Driveway spacing from an intersection on a minor arterial street is at least 300 feet. The north driveway on Kanis Road is to close to the intersection. With the south driveway on Kanis Road becoming the main entrance into the development, the northern driveway should be closed. Contact Bill Henry, Traffic Engineering with any questions or for additional information. 10. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 11. The intersection on the southeast corner of Lot 1 should be designed as a 4-way stop intersection. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this property. 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 August 7, 2008 SUBDIVISION ITEM NO.: 8. 1 (Cont.) FILE NO.: Z-6318-C 5 facilities and/or fire protection system to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. Fire sprinkler systems which do not contain additives such as antifreeze shall be isolated with a double detector check valve assembly. If additives are used, a reduced pressure zone backflow preventer shall be required. A Capital Investment Charge based on the size of connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. The facilities on-site will be private. When meters are planned off private lines, private facilities shall be installed to Central Arkansas Water's material and construction specifications and installation will be inspected by an engineer, licensed to practice in the State of Arkansas. Execution of Customer Owned Line Agreement is required. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: Install and place fire hydrants per code. Contact the Little Rock Fire Department for additional information. 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 Mixed Office Commercial for this property. The applicant has applied for a Revised Long Form Planned Commercial Development for a development that includes C-2, Shopping Center District uses as allowable uses. A Land Use Plan amendment for a change from Mixed Office Commercial to Community Shopping is a separate item on this agenda (LU08-18-01). Master Street Plan: Chenal Parkway is a Principal Arterial. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Chenal since it is a Principal Arterial. Kanis Road 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 and pedestrians August 7, 2008 SUBDIVISION ITEM NO.: 8. 1 (Cont.) FILE NO.: Z-6318-C 6 on Kanis since it is a Minor Arterial. Kirk Road is shown as a proposed Collector along the western property line of this development. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class I route is shown along Chenal Parkway. A Class I bikeway is built separate from or alongside a road. Additional paving and right of way may be required. Neighborhood Action Plan: This area is not covered by a Neighborhood Action Plan. Landscape: 1. The site plan must comply with the City’s landscape ordinance requirements. 2. The zoning buffer ordinance requires an average fifty-foot wide (50’) street buffer along Kirk Road and in no case less than half. 3. The existing on site Bradford Pear trees appear to be in distress. All existing vegetation shall be in good condition and replaced if missing, dead, or diseased. 4. All fencing, dumpster enclosures, striping, and handicap signs also must be in good repair or replaced. 5. The zoning buffer ordinance requires a minimum fifty-foot wide (50’) land use buffer along the southern property line. Seventy percent (70%) of which is to be left undisturbed. Easements cannot count towards meeting this minimal requirement. 6. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the southern perimeter of the site. Credit towards fulfilling this requirement can be given for existing trees and undergrowth that satisfies this year-around requirement. 7. A small amount of building landscaping is required between the new building and the parking lot. 8. This sites combined parking numbers exceed one hundred and fifty spaces. Interior islands are to be a minimum of three hundred square feet (300) in area to receive credit towards the landscape ordinance requirements. 9. An automatic irrigation system to water landscaped areas will be required. August 7, 2008 SUBDIVISION ITEM NO.: 8. 1 (Cont.) FILE NO.: Z-6318-C 7 10. 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. 11. The City Beautiful Commission recommends preserving as many existing trees as feasible on tree covered sites. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (July 17, 2008) Mr. Robert Brown was present representing the request. Staff presented an overview of the development stating there were additional items necessary to complete the review process. Staff stated the location of the proposed outdoor and seasonal activities should be noted on the plan. Staff also questioned the proposed signage plan on the gas canopy. Staff stated a minimum of ten to fifteen percent of the site should be denoted to landscaping. Mr. Brown stated he felt the site would meet or exceed the minimum requirement. Public Works comments were addressed. Staff questioned the timing of street improvements on Chenal Parkway and Kirk Road. Mr. Brown stated the improvements would have to be in place prior to the Kroger opening. Staff questioned the base flood elevation. Mr. Brown stated the minimum base flood elevation would be placed on the plan. He stated the floor would be raised above the 100-year flood elevation as required by City ordinances. Staff stated the northern most eastern drive should be removed. Mr. Brown stated he would work with traffic engineering to resolve their concerns. He stated the drive was desired as a right in right out drive to allow access to the two proposed lease parcels. Landscaping comments were addressed. Staff stated all fencing and dumpster screening was to be in good repair. Staff also stated any dead, diseased or missing landscaping was to be replaced. Staff stated building landscaping was required or a variance from the City Beautiful Commission was to be approved prior to the issuance of a building permit. Mr. Brown noted the land use buffer to the south would not serve a purpose since the southern perimeter was a 100-foot plus floodway. He stated the developers would seek a variation from this typical ordinance standard. Staff noted comments from the various other reporting departments and agencies. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. August 7, 2008 SUBDIVISION ITEM NO.: 8. 1 (Cont.) FILE NO.: Z-6318-C 8 H. ANALYSIS: Mr. Brown submitted a revised site plan to staff on July 23, 2008, addressing the issues raised at the July 17, 2008, Subdivision Committee meeting. The revised plan indicates locations for outdoor storage, the signage plan and the percentage of the site denoted for landscaping and open space. The revised plan also indicates the land use buffer along the southern perimeter will not remain undisturbed as typically required by the ordinance. The revised plan includes the base flood elevation and the finished floor height of the new building. The fuel center will have outdoor display/sales and vending. The fuel center will also house an air and water dispensary service along the eastern portion of the fuel center site. Seasonal outdoor display will be located in the front of the Kroger building and a small area within the parking lot. The development signage is proposed as was previously approved. Signage for the fuel center is proposed on the canopy of the fuel center on all four sides. The signage will occupy less than ten percent of the façade area in which the sign is located. The site plan indicates buffers per the typical ordinance standards with the exception of two locations. An area located along Kirk Road does not meet the 50-foot minimum street buffer average. The buffer is indicated nearer a 30-foot average. The buffer proposed is similar to the previously approved site plan. The second variation is the rear yard land use buffer. According to the applicant grading will take place in this area not allowing the area to remain undisturbed. The site plan indicates an existing floodway to the south of the site ranging from 350 to 400 feet. The proposal will allow the creation of four lots, Tract 1 and 2 along with Lots 1 and 2. Tract 1 will contain 5.8 acres. Within the tract two lease parcels are proposed. Tract 2 will contain 17.66 acres. Development plans for Tract 2 include the construction of a new 119,365 square foot Kroger store. Upon completion of the new store the existing Kroger store will be leased to a single or multiple users. The proposed uses for the 64,753 square foot retail space are those listed in the C-2, Shopping Center District uses. In addition a new 10,150 square foot retail space is proposed along the eastern portion of the existing Kroger store. The uses proposed for this area is also C-2, Shopping Center District uses. Street improvements for Kirk Road and Chenal Parkway will be completed prior to the new Kroger store opening. The improvements include the completion of the Chenal median and conversion of the western entry for right turn only ingress August 7, 2008 SUBDIVISION ITEM NO.: 8. 1 (Cont.) FILE NO.: Z-6318-C 9 and egress, as required in the original site plan. The northern drive located on Kanis Road has been eliminated as recommended in the Public Works comments. The site plan indicates the placement of walkways within the parking lot area to facilitate foot traffic from the lease parcels and Chenal Parkway to the retail uses. The total land area of the site is 23.467 acres. The new Kroger store is proposed with a total building area of 194,266 square feet or 19 percent. The total landscape area is 200,301 square feet or 19.6 percent and the total paved area is 61.4 percent of the total site area. Interior landscaping and planting areas is proposed at 8.21 percent. A total of 2,442 square feet of building landscaping is proposed. The new retail shop area is proposed with 14.19 percent of interior planting area and 689 building landscaping. The site plan indicates a total of 897 parking spaces. Based on parking standards for a shopping center development 863 parking spaces would typically be required. Dumpster locations have been identified. The dumpster facilities are located in the rear of the structures. All dumpster facilities will be screen per the typical ordinance requirements or on three sides a minimum of two feet above the finished height of the container. Building signage is proposed as typically allowed per the ordinance for commercial developments or a maximum of ten percent of the façade area. Ground mounted signage is as was approved in the original PCD. Each of the lots and lease parcels is allowed a single ground mounted sign. The signage varies in size based on the parcel size. Two of the signs located along Chenal Parkway exceed the typical Design Overlay District standard of eight feet in height and 100 square feet in area. The signs are proposed ten feet in height and 140 square feet in area. Staff is supportive of the site plan as proposed. Staff is supportive of the street buffer along Kirk Road and the land use buffer along the southern perimeter less than the typical ordinance standards. Staff feels the revision to allow the placement of an 119,365 square foot Kroger store and the addition of a fuel center within the parking lot area will significantly impact the development. A land use plan amendment to change the site to Community Shopping is a separate item on this agenda. Staff feels this is an appropriate location for a shopping center development. August 7, 2008 SUBDIVISION ITEM NO.: 8. 1 (Cont.) FILE NO.: Z-6318-C 10 I. STAFF RECOMMENDATIONS: 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 variances to allow the reduced street buffer and the reduced land use buffer as proposed. PLANNING COMMISSION ACTION: (AUGUST 7, 2008) The applicant was present. There were no registered objectors present. Staff stated the applicant had agreed to conduct a traffic study of the increase in traffic volumes generated from the proposed development and submit the study to Public Works for review and approval. Staff stated based on the results of that traffic study, street improvements would be made to the southern portion of the Kirk Road and Chenal Parkway intersection sufficient to safely handle the proposed traffic resulting from the proposed development and any future uses as approved by Public Works. Staff stated a certificate of occupancy would not be issued for the proposed development until the street improvements were installed and inspected by staff. 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 variances to allow the reduced street buffer and the reduced land use buffer as proposed. There was no further discussion of the item. The Chair entertained a motion for placement of the item on the Consent Agenda for Approval as recommended by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. August 7, 2008 ITEM NO.: 9 FILE NO.: Z-7603-E NAME: Cantrell Falls Lot 1 Short-form PCD LOCATION: Located at 14910 Cantrell Road DEVELOPER: FRP Cantrell, LLC 11500 North Rodney Parham Road, Suite 3 Little Rock, AR 72212 ENGINEER: The Holloway Firm, Inc. Mr. Bob Holloway 200 Casey Drive Maumelle, AR 72113 AREA: 1.15 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: PCD ALLOWED USES: O-3, General Office District and C-3, General Commercial District PROPOSED ZONING: Revised PCD PROPOSED USE: O-3, General Office District and C-3, General Commercial District – A revision to allow a commercial ground-mounted sign within the landscape area on Lot 1. VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: A request to rezone a portion of this site from R-2, Single-family to POD was filed and withdrawn from consideration prior to the June 3, 2004, Planning Commission Public Hearing. The applicant proposed a development to include office and commercial activities on 3.6 acres located along the western portion of this site. (Z-7603) Ordinance No. 19,314 adopted by the Little Rock Board of Directors on April 19, 2005, established PDC Company Short-form POD. The request included the development of a 3.6 acre parcel as a Planned Office Development with a restaurant facility on one of August 7, 2008 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-7603-E 2 the proposed lots and an office building on the second lot. Lot 1 would develop with a restaurant without drive-through service containing 4,500 square feet and Lot 2 would develop with 29,200 square foot of office space. The overall percent for each use on the site was eighty-seven percent office and thirteen percent commercial. The approval established the hours of operation from 6 am to midnight seven days per week. The development has not been constructed. (Z-7603-A) On June 22, 2006, the Little Rock Planning Commission denied a request to allow 14910 Cantrell Road and the PDC Company Short-form POD to be rezoned from R-2, Single-family and POD to PCD to allow a four-lot subdivision with a combination of sit- down and drive-through restaurants. The lots varied in size from 1.3 acres to 2.5 acres. Restaurant sizes range from 4,100 square feet to 7,200 square feet. A cul-de-sac would be constructed as a public street from Highway 10 through the middle of the lots to provide public street frontage for each lot. The developer requested the flexibility to shift lot area and restaurant size within the development to accommodate a variety of tenants. A 40-foot access and utility easement was proposed from the cul-de-sac to a property located to the east of the site. The site was approved as a PCD to allow the construction of a strip retail center with no parking or access located along the rear of the building. According to the applicant access to the site to the east would allow circulation between developments and limit the need for vehicles to access Cantrell Road from the development site. Placement of the access easement would allow vehicles from as far west as Regions Bank to access the existing traffic signal for protected left turns. (Z-7603-B) On February 6, 2007, the Little Rock Board of Directors approved Ordinance No. 19,694 rezoning 14910 Cantrell Road from R-2, Single-family to PCD which allowed the development of 4.2 acres as a two lot development. The site plan indicated two buildings would be constructed on the site. A building containing 7,200 square feet and 107 parking spaces was proposed on the lot fronting Cantrell Road and a second building containing 6,300 square feet and 110 parking spaces was proposed for the rear lot. A maximum of 13,000 square feet of restaurant space was approved. A selected list of commercial uses was approved for the site other than a restaurant. The hours of operation for a restaurant facility were limited to 10:00 am to midnight seven days per week. The lots were proposed each containing in excess of two acres. Access to the development was proposed through a 24-foot drive located along the western perimeter of the site and was to be shared with the property approved for PDC Short-form POD located to the west proposed for future development with office and commercial uses. The following uses were approved as allowable uses for the development: Bank or savings and loan, Book and stationary store, Camera shop, Clinic (medical, dental or August 7, 2008 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-7603-E 3 optical), Clothing store, Eating place without drive-in service, Florist shop, Furniture store, Hardware or sporting goods store, Health studio or spa, Jewelry store, Laundry, domestic cleaning, Office (general and professional), Optical shop, Photography studio, Retail uses not listed (enclosed). A definition of a “sit down restaurant” was also approved. A “sit down restaurant” is a type of restaurant, which provides tables where one sits down to eat a meal, typically served by wait staff. Historically called simply restaurants, following the rise of fast food restaurants, a retronym for the older “standard” restaurant was created. Most commonly, “sit down restaurant” refers to a casual dining restaurant with table service rather than a fast food service where one orders food at a counter. Sit down restaurants are often further categorized as “family style” or “formal”. (Z-7603-C) Ordinance No. 19,946 adopted by the Little Rock Board of Directors on April 1, 2008, allowed a revision to the previously approved PCD. The approval allowed two separate approvals, a POD and a PCD, to be combined into a single development. The development contained four lots titled Cantrell Falls Long-form PCD. The approval allowed a 3,400 square foot drive-through restaurant on Lot 1, a 29,180 square foot office building on Lot 2, including a banking facility with drive-through service, a 6,560 square foot restaurant on Lot 3 and a 4,000 square foot restaurant, a 11,617 square foot retail center and a 2,000 square foot bank on Lot 4. The hours of operation for the development are proposed from 6 am to midnight seven days per week. A single development sign serving the four (4) lots was approved. (Z-7603-D) A. PROPOSAL/REQUEST: The applicant is seeking a revision to the previously approved site plan to allow the placement of a commercial ground-mounted sign located within the landscape front yard area of Lot 1. The sign is proposed with a maximum height of six feet and a maximum sign area of seventy-two square feet. The sign is proposed with the company’s logo, lettering spelling out the company name and a LED reader board. There are no other changes or modifications proposed for the site plan from the previous approval. B. EXISTING CONDITIONS: The site is a grass covered tract with a scattering of trees. To the east of the site is the Wal-Greens development, a strip retail center and Catfish City is located further east. The area to the north is vacant and undeveloped; currently zoned R-2, Single-family. To the west of the site is a branch bank adjacent to Cantrell Road and a dentist office and medical office are located in the rear of the site on separate lots. To the south of the site are vacant properties zoned R-2, Single- family. August 7, 2008 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-7603-E 4 C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents concerning the proposed request. All residents who could be identified located within 300-feet of the site, the Westchester/Heatherbrae, the Secluded Hills, the Westbury and the Pinnacle Valley Neighborhood Associations, the Coalition of West Little Rock Neighborhoods and all owners of property located within 200-feet of the site were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. All public improvements must be constructed as previously approved. All comments apply on previous application for construction of streets, sidewalks, and drainage. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this property. 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 Works regarding the size and location of the water meter(s). A Capital Investment Charge based on the size of connection(s) will apply to this project in addition to normal charges. Provisions need to be taken to provide water service and fire protection to the property in the rear. Easements will be needed outside the paved area to allow for installation of meter(s) and fire hydrant(s). Fire Department: Install and place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is located on CATA Bus Route #25 - the Highway 10 Express Route. August 7, 2008 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-7603-E 5 F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the River Mountain Planning District. The Land Use Plan shows Mixed Use for this property. The applicant has applied for a revised Planned Commercial Development for a commercial use. The request does not require a change to the Land Use Plan. Master Street Plan: Cantrell Road is a Principal Arterial. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Cantrell since it is a Principal Arterial. The street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes in the immediate vicinity. Neighborhood Action Plan: This area is covered by the River Mountain Neighborhood Action Plan. The Sustainable Natural Environment Goal states: “Promote vigorous enforcement of Landscaping & Excavation Ordinance.” Landscape: No comment concerning the proposed signage request. G. SUBDIVISION COMMITTEE COMMENT: (July 17, 2008) The applicant was present. Staff presented an overview of the development stating the request was for individual lot signage for Lot 1 of the Cantrell Falls Subdivision. Staff stated there were no other modifications proposed. Staff stated there were no site plan issues in need of addressing. The applicant stated the desire was for the allowance of an individual tenant sign located on their lot. He stated Burger King desired the sign to allow a message reader board to identify products, sales promotions and/or hours. He stated the sign would comply with the height and area allowed per the overlay. He stated the sign would be a brick base monument sign with a simple logo, the name of the business and a small reader board complying with the City’s standards regarding electronic message reader boards. Staff noted comments from the various other reporting departments and agencies. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. August 7, 2008 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-7603-E 6 H. ANALYSIS: There were no outstanding technical issues associated with the request in need of addressing raised at the July 17, 2008, Subdivision Committee meeting. The request is to allow a revision to the previously approved site plan for placement of a commercial ground-mounted sign located within the landscape front yard area of the proposed Burger King located on Lot 1 of the Cantrell Falls Subdivision. The sign is proposed with a maximum height of six feet and a maximum sign area of seventy-two square feet. The sign is proposed with the company’s logo, lettering spelling out the company name and a LED reader board. Section 36-346(f)(2) of the Little Rock Code of Ordinances Site design and development standards - Commercial building signage states each separate commercial building will be allowed a single monument ground-mounted sign located on the building site or in the landscaped front yard of the commercial development. The sign shall be a maximum of six (6) feet in height and seventy-two (72) square feet in area. Per Section 36-347 of the Little Rock Code of Ordinances - Commercial developments and multiple building sites states in the case of a commercial development or other development involving multiple building sites, whether on one (1) or more platted lots, the regulations shall apply to the development as an entire tract rather than to each platted lot. The approval of the PCD for Cantrell Falls allowed the placement of a single ground mounted monument commercial development sign. The sign is proposed located within the front yard landscape area along Highway 10. The exact location has not been determined but the site plan indicates the sign on this lot or across the drive on proposed Lot 4. Section 36-346(f)(1) of the Little Rock Code of Ordinances states signage identifying the commercial development shall not exceed ten (10) feet in height and one hundred (100) square feet in area. All signs that are ground-mounted shall be of a monument type design. These signs may be installed in the landscaped area of the front and side yards. There are no other changes or modifications proposed for the site plan from the previous approval. Staff is not supportive of the request. The purpose and intent section of the Highway 10 Design Overlay District states a desire to protect and enhance the scenic quality of the corridor by providing for sensitive development which will maximize the natural foliage and terrain while also providing platted buffer and landscaped areas. The ordinance also states the desire to create standards for signage and parking lot lighting which are in keeping with the intent of the article. Staff feels the development center signage and the building signage previously approved allow for adequate signage to serve the development and the center. August 7, 2008 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-7603-E 7 I. STAFF RECOMMENDATIONS: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (AUGUST 7, 2008) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated August 6, 2008, requesting a deferral of the item to the September 18, 2008, public hearing. Staff stated the applicant’s representative had indicated the need for the deferral was related to military duty. Staff stated the deferral request would require a waiver of the Commission’s By-laws with regard to the late deferral request. Staff presented a recommendation of approval of the deferral. There was no further discussion of the item. The Chair entertained a motion for a By-law waiver with regard to the deferral request. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. 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. August 7, 2008 ITEM NO.: 10 FILE NO.: Z-8167-B NAME: Stifft’s Station Short-form PCD LOCATION: Located at 1001 Kavanaugh Boulevard DEVELOPER: Stifft Station Partners LLC Tony Karklins, Managing Director 600 N. Broadway Street North Little Rock, AR 72114 SURVEYOR: Donald Brooks Surveying 20820 Arch Street Pike Hensley, AR 72065 ARCHITECT: Wer Architects/Planners 901 West 3rd Street Little Rock, AR 72201 AREA: 0.52+ acres LOTS: 1 zoning lot FT. NEW STREET: 0 LF CURRENT ZONING: C-3, General Commercial District and R-5 ALLOWED USES: General Commercial Uses and Multi-family 36-units per acre PROPOSED ZONING: PCD PROPOSED USE: C-3, General Commercial District uses VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: On July 5, 2007, the Little Rock Planning Commission withdrew a rezoning request from C-3, General Commercial District and R-5 to PCD to allow C-3, General Commercial District uses as allowable uses for the site. The site contained an existing two story August 7, 2008 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-8167-B 2 building with approximately 4,600 square feet of space. A parking lot located to the west of the building contained 10 parking spaces. No physical changes were proposed. The Board of Adjustment approved a variance on April 28, 2008, to allow canopies to extend into the setback. A. PROPOSAL/REQUEST: The current owners of the property intend to continue the commercial uses of the two older brick buildings facing Kavanaugh Boulevard and Markham Street. They also intend to retain and improve the existing parking lot, remove the newer 1,830 square foot building west of the public alley and to improve that area (Parcel C), with additional parking. Currently the parking lot and a minor northwest portion of both older buildings is zoned R-5. The remainder of the two older buildings are zoned C-3, General Commercial District. The owner is requesting to rezone the entire site to PCD in order to allow the removal of the western building and allow a new paved parking area, allow for a canopy extension over the entrance to the triangular “Laundry Building” and generally simplify and cleanup the existing multiple zoning classification and the residential/commercial demarcation line through the existing buildings. The property is consist of four separate parcels totaling 22,823 square feet. There are three buildings located on the site. Building 1, fronting on Kavanaugh Boulevard containing 4,380 square feet, Building 2, fronting on Markham Street, containing 3,170 square feet and Building 3, fronting on West Markham Street and to be removed containing 1,830 square feet. The owner’s objective is to lease the 4,380 square foot Kavanaugh building for commercial uses. Those uses could include food and retail establishments. Plans for the 3,280 square foot “Laundry Building” are professional office or restaurant. The removal of the western building will allow for up to 10 additional parking spaces to serve the needs of the two remaining buildings. The resulting parking on site would be 27 spaces to accommodate approximately 7,550 square feet of leasable space. B. EXISTING CONDITIONS: The building is a two story building with an entrance from Kavanaugh Boulevard to the second level and West Markham Street to the first level. This site is the former Little Rock Paint and Wallpaper Store. There are commercial uses located on the lower level. An existing paved parking lot is located along the western perimeter of the site, accessed from West Markham Street. The building is located in the Capitol View Stifft Station area which contains a number of August 7, 2008 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-8167-B 3 commercial uses including restaurants. Other uses in the area include a gas station located to the southeast. To the north and northwest of the site are single-family and multi-family residential uses. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment 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 along with the Capitol View/Stifft Station Neighborhood Association and the Hillcrest Residents Neighborhood Association were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. The proposed parking configuration does not provide sufficient space for 20 feet of vehicle parking and 20 feet of vehicles backing. 2. See the revised drawing prepared by Traffic Engineering. The revised plan will reduce the parking spaces to eight (8). Contact Bill Henry at 379-1816 for additional assistance. Other designs options could increase the number of parking spaces that provide 20 feet for vehicle parking and 20 feet for vehicle backing. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this property. 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. Fire Department: Approved as submitted. County Planning: No comment. CATA: The site is located on CATA Bus Routes #1 – the Pulaski Height Route and #8 – the Rodney Parham Route. August 7, 2008 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-8167-B 4 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 Planned Commercial Development for commercial development. The request does not require a change to the Land Use Plan. Master Street Plan: Markham Street is shown as a Minor Arterial with alternative design standards. 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 Markham Street since it is a Minor Arterial. Kavanaugh Boulevard is shown as a Collector. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class III is shown along Kavanaugh Boulevard and east along Markham Street. 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 Action Plan. The Zoning and Land Use goal states: “More mixed-use opportunities should be provided within the commercial areas, including parts of Kavanaugh, Markham Street, and Stifft’s Station. Mixed-use means more opportunities for residential over commercial in existing commercial areas.” Landscape: 1. The landscape ordinance requires a six foot nine inch wide (6’-9”) landscape perimeter strip along all the perimeters of the site. A variance from this minimal amount must be obtained from the City Beautiful Commission prior to the issuance of building permit. 2. The zoning buffer ordinance requires a six foot nine inch wide (6’-9”) land use buffer along the western perimeter of the site. Seventy percent (70%) of this area is to remain undisturbed. 3. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the western perimeter of the site. Credit towards fulfilling this requirement can be August 7, 2008 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-8167-B 5 given for existing trees and undergrowth that satisfies this year-around requirement. 4. The parking lot proposed on Parcel C does not appear to meet with the City’s minimal landscape ordinance requirements. Approval from the City Beautiful Commission must be obtained for this parking lot prior to the issuance of a building permit. 5. The City Beautiful Commission recommends preserving as many existing trees as feasible on tree covered sites. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (July 17, 2008) The applicant was present representing the request. Staff presented the item stating there were few outstanding technical issues associated with the request. Staff stated the entire site as restaurant space would not allow adequate parking based on the existing parking and the proposed additional spaces. The applicant indicated the restaurant space would be limited to allow for the typical parking required per the Hillcrest Design Overlay District. Staff requested the developers provide a signage plan. The applicant stated the existing sign located at the intersection of West Markham and Kavanaugh Boulevard, located within the right of way, would be preserved. Staff stated a franchise agreement would be required to allow the sign to remain. Public Works comments were addressed. Staff stated the parking design was not acceptable as presented and offered a suggestion for an alternative design. Staff suggested the applicant contact Traffic Engineering for additional discussions concerning the proposed parking plan. Landscaping comments were addressed. Staff stated the perimeter landscape strip and buffer was not indicated to meet the typical ordinance standards. Staff stated a variance from the City Beautiful Commission was required from the Landscape Ordinance standards. Staff stated the Planning Commission could approve variances from the Buffer Ordinance standards. Staff noted screening was required along the western perimeter adjacent to the single-family zoned and used property. Staff noted comments from the various other reporting departments and agencies. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. August 7, 2008 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-8167-B 6 H. ANALYSIS: The applicant submitted a revised site plan to staff addressing a number of the issues raised at the July 17, 2008, Subdivision Committee meeting. The applicant has indicated a maximum square footage for restaurant space, signage plan and the proposed parking plan. The site plan is indicated with a variance from the Landscape Ordinance to allow a reduced landscape strip along the western perimeter of the site. A variance from the City Beautiful Commission will be sought prior to the item being forwarded to the Board of Directors for final action. The site plan indicates a total building area of 33 percent or 7,550 square feet and paved area of 48 percent or 11,038 square feet. The remaining area is open space, landscaping and hardscaping. The patio area is proposed with 1,975 square feet (9%) and the landscape and open space area is proposed with 2,260 square feet or 10 percent of the total site area. The site plan indicates 27 parking spaces. The general notes section of the site plan indicates a maximum of 4,250 square feet of restaurant space with the remainder of the site being utilized as retail or office space. Per Section 36-434.15(b) standard parking requirements for non-residential developments states parking requirements within the district shall be fifty (50) percent of that required by Article VIII of the Little Rock Code of Ordinances. The maximum parking allowed for this district shall be the minimum standard established in Article VIII. Based on the proposed uses mix 53 spaces would be required per Article VIII. With the 50 percent reduction 26 spaces is required. Street parking is allowed to count towards the required parking. Although the site has two street frontages there is no available street parking adjacent to this site. Per Section 36-434.15(d) permitted signs shall be as in Section 36-553, signs permitted in institutional and office zones. On the street level, the maximum area of signage may be doubled if at least fifty (50) percent of the street-level office and retail space has direct access to the street. The highest point on any commercial sign attached to the building shall not exceed the corresponding building's height, freestanding commercial signs may not exceed eighteen (18) feet in height, neon-lit signs greater than thirty (30) square feet are prohibited and off-premises signs are prohibited. The revised cover letter states there is one existing pole mounted sign at the corner of Kavanaugh and West Markham Street. The sign has historical significance and will be restored with new graphic information that is as yet to be determined. The sign is located within the City’s August 7, 2008 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-8167-B 7 right of way and a franchise agreement will be secured to allow the sign to remain. The building and additional ground mounted signage has not been established since there are no leases signed. According to the revised cover letter the building and ground signage will comply with the ordinance and the Design Overlay District for this area. The land use buffer and landscape strip are not indicated as required by the buffer and landscape ordinances. The landscape strip is proposed with an average of six feet nine inches but the back-out of the southern parking area is located within the buffer/landscape area. The applicant has indicated the buffer will not remain undisturbed as typically required by the buffer ordinance. A six foot screening fence will be installed along the western and northern property lines where adjacent to the residentially zoned and used property. An application to the City Beautiful Commission will be sought to allow variances from the Landscape Ordinance requirements. Retail tenants will operate with conventional hours from 9 am to 6 pm. Restaurant hours of operation vary on the food service provided. Restaurants serving breakfast will operate from 5:30 am extending to midnight for restaurants providing a dinner service. The hours of dumpster service will be limited to daylight hours. Staff is supportive of the request. The site has historically been used as commercial uses with limited parking. The site plan as proposed will add additional parking to the site lessening the impact of the commercial activity on the neighborhood. Although, the site has a reduced landscape strip and land use buffer along the western perimeter staff does not feel this will significantly impact the area. The site plan indicates the placement of a screening fence within this area and plantings along the buffer to soften the impact on the adjoining properties. I. STAFF RECOMMENDATIONS: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends approval of the variance request to allow a reduced land use buffer along the western perimeter. Staff recommends the applicant secure a franchise agreement with the City to allow the existing sign to remain within the public right of way. August 7, 2008 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-8167-B 8 PLANNING COMMISSION ACTION: (AUGUST 7, 2008) The applicant was present. There were no registered objectors present. Staff stated the applicant had agreed to limit the patio space to a maximum of 400 square feet and the patio space if used by a restaurant would count in the total allowable square footage for a restaurant. Staff stated the applicant had agreed no outdoor music would be played at the site, excluded a pawn shop as an allowable use and limited the sales of alcohol to beer and wine to be sold in conjunction with a grocery or as a wine bar. 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 a reduced land use buffer along the western perimeter. Staff also presented a recommendation the applicant secure a franchise agreement with the City to allow the existing sign to remain within the public right of way. There was no further discussion of the item. The Chair entertained a motion for placement of the item on the Consent Agenda for Approval as recommended by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. August 7, 2008 ITEM NO.: 11 FILE NO.: Z-8233-A NAME: Lot 25, Longleaf Cove Short-form POD LOCATION: Located on the West side of South Katillus Road approximately 300 feet South of Cantrell Road DEVELOPER: Katillus Court LLC 13503 Kanis Road Little Rock, AR 72211 ENGINEER: White Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 4.9 acres NUMBER OF LOTS: 25 FT. NEW STREET: 730 LF CURRENT ZONING: R-2, Single-family ALLOWED USES: Single-family residential PROPOSED ZONING: PD-R PROPOSED USE: Single-family residential – 25 Lots VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: Ordinance No. 19,794 adopted by the Little Rock Board of Directors on August 6, 2007, rezoned the site from R-2 Single-family to PD-R. The property contained approximately 4.9 acres and was proposed for subdivision into 25 single-family lots. The lots were approved with an average size of 50-feet by 115-feet or 5,750 square feet. The approval allowed an overall density of 5.1 units per acre. The plan indicated the placement of a 20-foot front building line for the lots abutting Long-leaf Cove and a five (5) foot side yard setback. The front building line proposed along Katillus Road was 25-feet. All lots were proposed with a 25-foot rear yard setback. August 7, 2008 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-8233-A 2 A. PROPOSAL/REQUEST: The applicant is now seeking to rezone the site from PD-R to POD to allow the construction of a new general and professional office building on the site. The construction is proposed to be single-family in appearance. The office use is intended to serve the owner’s construction and real estate business. The site plan indicates the construction of a 3,200 square foot single story structure. There are 10 parking spaces proposed within the rear yard of the new building. The maximum building height proposed is 25-feet. The alternative uses proposed for the structure are those listed in the O-1, Quiet Office zoning district. The hours of operation are from 7 am to 6 pm daily. The request includes a variation from the Zoning and Buffer Ordinance and the Landscape Ordinance requirements. A drive is proposed along the northern perimeter of the site located four feet from the property line. The building is proposed five feet from the southern property line and the parking lot back out is located four feet from the southern property line. The ordinances would typically require the placement of a nine foot perimeter landscape strip along the northern and southern perimeters. B. EXISTING CONDITIONS: The site is located south of Cantrell Road on the west side of Katillus Road. To the east of the site is a newly developing subdivision, Montagne Court. To the south of the site is a newly developing single-family subdivision. Further south are single-family homes located on large lots accessed from Katillus Court. There is a one acre tract located immediately north of the site containing a single-family home with the remainder of the area to the north fronting Cantrell Road and previously used as a non-conforming commercial business. The site has been cleared and a new street has been constructed. There are new single-family homes currently under construction. Johnson Creek is located to the west of the site. Further west is a large parcel with a single home on the parcel accessed from Drew Drive. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area property owners. All property owners located within 200 feet of the site, all residents could be identified located within 300 feet of the site along with the Coalition of West Little Rock Neighborhoods and the Montagne Court Property Owners Association were notified of the Public Hearing. August 7, 2008 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-8233-A 3 D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Due to the proposed use of the property, the Master Street Plan specifies that South Katillus Road for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 2. Street improvements are in place. No additional street improvements will be required. 3. All driveways shall be concrete aprons per City Ordinance. The aprons shall be constructed per Public Works standards with driveway flairs or radiuses. Little Rock Code requires driveways to be placed 100 feet from property lines. The driveway should be located in the center of the lot. 4. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 5. 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. Storm water detention will not apply to the proposed development. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this property. 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 Works regarding the size and location of the water meter(s). A Capital Investment Charge based on the size of metered connection(s) will apply to this project in addition to normal charges. The Little Rock Fire Department may require an additional public fire hydrant in conjunction with this development. The fire hydrant could be installed by Central Arkansas Water's forces at Developer's expense, but would need to be coordinated with the contractor for this project. August 7, 2008 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-8233-A 4 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: This request is located in the River Mountain District. The request is at the boundary between Transition and Single Family. The applicant has applied for a rezoning to Planned Office Development for a one-lot office use. Because the Future Land Use Plan is general, and this application is right on the line between Transition and Single Family, this request does not require a change to the Land Use Plan. Master Street Plan: Katillus Road is shown as a Local Street. The primary function of a Local Street is to provide access to adjacent properties. Local Streets which are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. These streets have a design standard the same as a Collector. Bicycle Plan: There are no bike routes shown in the vicinity. Neighborhood Action Plan: This area is not covered by a Neighborhood Action Plan. Landscape: 1. The zoning buffer ordinance requires a nine-foot wide (9’) land use buffer along both the northern and southern property lines. Seventy percent (70%) of this area is to remain undisturbed. 2. 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 and southern perimeters of the site. Credit towards fulfilling this requirement can be given for existing trees and undergrowth that satisfies this year-around requirement. 3. The landscape ordinance requires a nine-foot wide (9’) landscape strip along the sites entirety. The proposed driveway and parking lot are encroaching into this perimeter landscape area. A variance must be obtained from the City Beautiful Commission prior to the issuance of a building permit. August 7, 2008 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-8233-A 5 4. The City Beautiful Commission recommends preserving as many existing trees as feasible on tree covered sites. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (July 17, 2008) Mr. Joe White was present representing the request. Staff stated the request was a rezoning from PD-R to POD to allow a single use office on the site. Staff stated a new structure constructed residential in character was being proposed. Staff stated the request would require a variance from the City’s Zoning and Buffer Ordinance requirements. Staff stated the northern and southern landscape strip were less than the typical nine foot minimum required. Staff also requested Mr. White provide the proposed signage plan and the proposed hours of operation of future uses. Public Works comments were addressed. Staff stated the drive should be located in the center of the property. Staff also stated street improvements were in place on Katillus Road so no additional street improvements would be required. Staff stated the storm water detention ordinance would not apply to the future development of the site since the site was less than one acre. Landscaping comments were addressed. Staff stated screening would be required along the perimeters of the site. Staff stated the City Beautiful Commission recommended preserving as many trees as feasible on tree covered sites. Staff noted comments from the various other reporting departments and agencies. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant did not submit a revised site plan to staff addressing the comment raised at the July 17, 2008, Subdivision Committee meeting. The applicant has indicated the desire is to maintain the drive located along the northern property and has stated placing the drive in the center does not allow for development of the structure to be residential in character. The request is to allow a rezoning from PD-R to POD to allow the construction of a new general and professional office building on the site. The office use is intended to serve the owner’s construction and real estate business. The alternative uses proposed for the structure are those listed in the O-1, Quiet Office zoning district. The site plan indicates the construction of a 3,200 square August 7, 2008 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-8233-A 6 foot single story structure. The construction is proposed to be single-family in character. There are 10 parking spaces proposed within the rear yard of the new building. The maximum building height proposed is 25-feet. The hours of operation are from 7 am to 6 pm daily. There are no dumpster facilities proposed for the site. The request includes a variation from the Zoning and Buffer Ordinance and the Landscape Ordinance requirements. A drive is proposed along the northern perimeter of the site located four feet from the property line. The building is proposed five feet from the southern property line and the parking lot back out is located four feet from the southern property line. The ordinances would typically require the placement of a nine-foot perimeter landscape strip along the northern and southern perimeters. Signage has not been provided. Staff would recommend if signage is approved, signage be limited to signage allowed in residential zones or a maximum of six feet in height and not to exceed one square foot in sign area. Parking proposed for the site is ten spaces. Based on the ordinance requirements for an office development containing 3,200 square feet eight spaces are required. Staff has concerns with the site plan as proposed. The plan as indicated does not include the typical landscape strip per the Landscape Ordinance nor the zoning buffer both typically required at a minimum of nine feet. Staff also has concerns with the proposed uses listed as alternative uses for the site. Although the site is indicated as O-1, Quiet Office uses, there are a number of office uses which are allowed in the zoning district which generate a great deal of traffic. A medical office for instance would potentially generate a number of customers whereas a general and professional office may not generate a great number of vehicles visiting the site. Although the Land Use Plan is general in nature staff feels the rezoning of the site for an office use is eroding into the single-family uses located to the east and south of this site. I. STAFF RECOMMENDATIONS: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (AUGUST 7, 2008) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated August 6, 2008, August 7, 2008 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-8233-A 7 requesting a deferral of this item to the September 18, 2008, public hearing. Staff stated the applicant was requesting the deferral to allow time to meet with the area residents and staff to address concerns related to the site plan. Staff sated 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. There was no further discussion of the item. The Chair entertained a motion for a By- law waiver with regard to the deferral request. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. 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. August 7, 2008 ITEM NO.: 12 FILE NO.: Z-8235-A NAME: The Village at Hidden Creek Long-form PID LOCATION: Located North of Stagecoach Road near the County Line on Hidden Creek Boulevard, a new, not dedicated, City street DEVELOPER: Dreamland Development, LLC 27 Overlook Circle Little Rock, AR 72207 ENGINEER: White Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 52+ acres NUMBER OF LOTS: 5 FT. NEW STREET: 0 LF CURRENT ZONING: I-2, Light Industrial District ALLOWED USES: Light Industrial PROPOSED ZONING: PID PROPOSED USE: Multi-family Phase I and development of Phase II with I-2, Light Industrial and C-3, General Commercial District uses. VARIANCES/WAIVERS REQUESTED: 1. A variance from the Land Alteration Ordinance requirements to allow advanced grading of the site. 2. A waiver of the Storm Water Detention Ordinance requirements. BACKGROUND: Ordinance No. 19,807 adopted by the Little Rock Board of Directors on August 21, 2007, rezoned an area to the south of the site from I-2, Light Industrial District to PID to allow the development of 11.5 acres with an office and retail development. The developer proposed to subdivide the property into six (6) lots with a mix of various uses including O-3, General Office District and C-3, General Commercial District uses. The street, Hidden Creek Boulevard, is currently under construction. August 7, 2008 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-8235-A 2 A. PROPOSAL/REQUEST: The property is located at the end of the newly constructed Hidden Creek Boulevard off Stagecoach Road. The property is currently zoned I-2, Light Industrial District and proposed for rezoning to PID. The approval would allow the immediate construction of 192 multi-family units on a 9.8-acre tract and identify additional lots for future development utilizing I-2, Light Industrial District and C-3, General Commercial District uses as allowable uses. The property is located in the flood plain of the Fourche Creek, but is not located in floodway. The request includes a variance from the Land Alteration Ordinance to allow advanced grading of the site. The developer is proposing the placement of excess material from a nearby site on Tract E, the area proposed for multi-family development. The developer is also requesting a waiver of the storm water detention ordinance requirement since the site is adjacent to the floodway of the Fourche Creek. B. EXISTING CONDITIONS: The site is located adjacent to the Pulaski/Saline County Line on the north side of Stagecoach Road. There are a number of uses in the area including two large manufactured home parks both located to the south of the site, beverage shops and office and commercial uses. To the west of the site is a cemetery with a wooded area behind the cemetery. Contained on the site is a small baseball field and a non-operational self service carwash facility. The area to the north and west of the site is the Fourche Creek. Immediately east of the site is City owned property containing the Otter Creek Park. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents. All owners of property located within 200-feet of the site, all residents, who could be identified located within 300-feet of the site, the Otter Creek Homeowners Association and Southwest Little Rock United for Progress were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. All gates must be designed to allow vehicular turnaround for WB-30 vehicles. 2. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. August 7, 2008 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-8235-A 3 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. A variance must be requested by the applicant and approved by the Planning Commission for grading for the apartments. 4. Provide a survey of the property. If the property extends further west, right-of- way dedication and street construction will be required for the future principal arterial street as shown on the Master Street Plan. 5. Storm water detention ordinance applies to this property. Staff is in support of the waiver of storm water detention. 6. A special Grading Permit for Flood Hazard Areas will be required per Section 8-283 prior to construction. 7. 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. 8. 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. 9. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required, with easements. Capacity Contribution Analysis is required. Contact Little Rock Wastewater Utility for additional information. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. A water main extension, additional fire hydrants and onsite private fire lines will be required to serve this property. Approval of plans by Central Arkansas Water, 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. August 7, 2008 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-8235-A 4 Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: Install and place fire hydrants per code. If gates are proposed a minimum gate opening of 20-feet must be maintained to allow adequate access. 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 Otter Creek Planning District. The Land Use Plan shows Mixed Use and Park Open Space for this property. The applicant has applied for a rezoning from I-2, Light Industrial District to Planned Industrial Development for an apartment complex and identify lots for future development utilizing I-2, Light Industrial District and C-3, General Commercial District uses as allowable uses. The request does not require a change to the Land Use Plan. Master Street Plan: The western edge of this property is where the West Loop is shown to be built. The West Loop 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 the West Loop since it is a Principal Arterial. Stagecoach Road is a Minor Arterial. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Stagecoach since it is a Minor Arterial. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class I route is shown on this property site along Fourche Creek. A Class I bikeway is built separate from or alongside a road. Additional paving and right of way may be required. A Class II is shown along Stagecoach Road. A Class II bikeway is located on the street as either a 5 foot shoulder or six foot marked bike lane. Additional paving and right of way may be required. Neighborhood Action Plan: This area is covered by the Otter Creek/Crystal Valley Neighborhood Action Plan. The Economic Development goal states: “Provide a mixed commercial/residential environment that will promote the safety, August 7, 2008 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-8235-A 5 attractiveness, and value of the area while creating a competitive and adaptable economic climate that encourages investment and diversity of employment opportunities.” Landscape: 1. The site plan must comply with the City’s landscape ordinance requirements. 2. The zoning buffer ordinance requires a fifty foot wide (50’) land use buffer along the southern property line next to the residentially zoned property. Seventy percent (70%) of this area must remain undisturbed. 3. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the southern perimeter of the site. Credit towards fulfilling this requirement can be given for existing trees and undergrowth that satisfies this year-around requirement. 4. This sites combined parking numbers exceed one hundred and fifty spaces. Interior islands must be a minimum of three hundred square feet (300) in area to receive credit towards the minimal landscape ordinance requirements. Also additional interior islands are required to meet the evenly distributed section of the ordinance. 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 tree covered sites. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (July 17, 2008) Mr. Joe White was present representing the request. Staff presented an overview of the proposed development stating there were additional items necessary to complete the review process. Staff questioned if the development would be a gated community. Staff also questioned the location of the dumpster facilities and if the hours of dumpster service would be limited to daylight hours. Staff requested Mr. White provide details of the proposed signage. Staff also questioned if any amenities would be provided within the development such as a playground. August 7, 2008 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-8235-A 6 Public Works comments were addressed. Staff requested Mr. White provide a detailed narrative of the proposed grading. Staff stated the site was to receive excess fill material from a site located on Colonel Glenn Road. Staff stated the storm water detention ordinance would apply to development of the property. Staff stated they would support an in-lieu payment for the storm water detention requirement. Staff noted a special grading permit would be required for prior to any clearing activities. Landscaping comments were addressed. Staff stated screening would be required along the perimeters of the site. Staff also stated the landscape islands were required to be a minimum of 300 square feet in area. Staff stated a land use buffer was required along a portion of the southern perimeter and along the eastern perimeter. Staff noted comments from the various other reporting departments and agencies. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: Mr. White provided staff with a revised site plan addressing a number of the issues raised at the July 17, 2008, Subdivision Committee meeting. The revised plan indicates the multi-family development will be a gated community, the location and hours of dumpster service have been indicated and details of the proposed signage plan have been provided. The plan states typical playground equipment will be located with the proposed playground area. The plan indicates a total of five lots with only one lot proposed for immediate development. Tract E will develop with a multi-family development with the remaining tracts held for future development. At the time of development of Tracts A – D the right of way and street construction for the Outer Loop will be put in place. A revised PID will be submitted for approval of the proposed development plan or plans for these lots. Staff recommends the right of way for the Outer Loop be provided with the zoning approval. Staff recommends approval of a five year deferral of the required street construction to the Outer Loop, until development of an abutting lot or until adjacent property developments whichever occurs first. The total building area is 183,750 square feet (44%). The paved area is 117,649 square feet (28%) and the landscaped and open space area is 118,419 square feet (28%). The development is proposed with one, two and three bedroom units. There are 36, 1 bedroom units, 132, 2 bedroom units and 24, 3 bedroom units. Parking is proposed as covered and uncovered. The site plan indicates various locations to allow covers to be placed over the parking areas to provide shelter for approximately 120 automobiles. The total parking August 7, 2008 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-8235-A 7 indicated is 321 spaces. Based on the typical parking required for a multi-family development 288 spaces would typically be required. The site plan indicates the placement of a single ground mounted monument style sign as allowed per the ordinance. Multi-family developments are allowed a maximum sign height of six feet and a maximum sign area of thirty-two square feet. Staff is supportive of allowing signage per the Multi-family Zoning District. Amenities of the development include a playground area, a clubhouse and leasing office and a pool. The development is proposed as a gated community. The mail kiosk is located at the entrance to the development prior to the gate opening. The dumpster locations have been provided. A note on the site plan indicates the dumpsters will be screened per the typical ordinance requirements or a minimum of two feet above the finished container height. The dumpster hours of service have not been indicated. Staff recommends the dumpster hours of service be limited to daylight hours only. The request includes a waiver of the Storm Water Detention Ordinance requirements. The developer has indicated an in-lieu contribution will be provided. Staff is supportive of the request. The site is located adjacent to the Fourche Creek which can handle any post development run-off from this site. A variance from the Land Alteration ordinance is being request for Tract E and Lots 1 - 6. The developer is requesting to utilize excess fill material from a site located on Colonel Glenn Road to fill these areas. The Colonel Glenn Road site is a separate item on this agenda (Z-4213-J). The trigger to allow the grading and filling is the issuance of a permit on either one of these sites. The applicant has indicated if development is not imminent on all the lots receiving fill the area will be seeded and in buffer areas trees will be planted per the typical ordinance standards. The development is proposed as a mixed use development containing multi-family residential, office, commercial and light industrial such as office warehouse uses. The site is located adjacent to the Outer Loop and the Fourche Creek. The developers have indicated a dedication of the floodway and an access easement along the creek bank. The site is presently zoned I-2, Light Industrial District which would allow a number of office, commercial and light industrial uses. Multi-family is not typically allowed as a permitted use under this classification. According to the developer the lots abutting Stagecoach Road fronting on Hidden Creek Boulevard are proposed as office warehouse and retail uses intended to serve the neighborhood. The lots fronting on the Outer Loop are proposed as more intense retail or industrial uses. The applicant has indicated at the time of development of the future lots consideration will be given to screening of the multi-family to ensure the development remains a desirable August 7, 2008 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-8235-A 8 place to reside. To staff’s knowledge there are no remaining outstanding issues associated with the request. Staff is supportive of allowing the PID as proposed including the associated variances. I. STAFF RECOMMENDATIONS: 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 a variance request from the Land Alteration Ordinance requirements to allow advanced grading of the site. Staff recommends approval of a waiver of the Storm Water Detention Ordinance requirements and the acceptance of an in-lieu contribution for the required storm water detention. Staff recommends the right of way for the Outer Loop be provided in conjunction with this rezoning request. Staff recommends approval of a five-year deferral of the required street construction to the Outer Loop, until development of an abutting lot or until adjacent property develops whichever occurs first. PLANNING COMMISSION ACTION: (AUGUST 7, 2008) The applicant was present. There were no registered objectors present. Staff stated the applicant had agreed to provide a contribution to the future traffic signal located at the intersection of County Line Road and Stagecoach Road. Staff stated the contribution would be collected at the time the traffic signal was installed and the contribution would be ten percent of the construction cost at the time of installation. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff presented a recommendation of approval of the variance request from the Land Alteration Ordinance to allow grading of the three lots with the issuance of a building permit for this site or for the site located on Colonel Glenn Road, the Look Out at Colonel Glenn Long-form PCD (Z-4213-J). Staff presented a recommendation of approval of a waiver of the Storm Water Detention Ordinance requirements and the acceptance of an in-lieu contribution for the required storm water detention. Staff presented a recommendation the right of way for the Outer Loop be provided in conjunction with this rezoning request and staff recommended approval of a five year deferral of the required street construction to the Outer Loop, until development of an abutting lot or until adjacent property develops whichever occurs first. August 7, 2008 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-8235-A 9 There was no further discussion of the item. The Chair entertained a motion for placement of the item on the Consent Agenda for Approval as recommended by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. August 7, 2008 ITEM NO.: 13 FILE NO.: LU08-09-02 Name: Land Use Plan Amendment - I-630 Planning District Location: 3604 West 12th Street Request: Single Family to Mixed Use Source: Frank Riggins, Crafton Tull Sparks PROPOSAL / REQUEST: The applicant has requested that this item be deferred until the August 21 hearing. This deferral is an effort to have all the issues heard at one time: land use plan amendment, planned development application and conditional use permit. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (AUGUST 7, 2008) The item was placed on consent for deferral to the September 18, 2008 hearing at the request of Staff. By a vote of 9 for, 0 against the consent agenda was approved. August 7, 2008 ITEM NO.: 13.1 FILE NO.: Z-8367 NAME: BCD Empowerment Center Short-form POD LOCATION: Located at 3604 West 12th Street DEVELOPER: Black Community Developers, Inc. 3805 West 12th Street Little Rock, AR 72204 ENGINEER: Crafton Tull and Sparks 10825 Financial Center Parkway Little Rock, AR 72211-3554 AREA: 1.65 acres NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF CURRENT ZONING: R-3 and R-4 ALLOWED USES: Single-family residential and duplex housing PROPOSED ZONING: POD PROPOSED USE: Residential alcohol and drug treatment VARIANCES/WAIVERS REQUESTED: None requested. Staff recommends this item be deferred to the August 21, 2008, public hearing to allow this item to be heard along with a Conditional Use Permit request for this site. PLANNING COMMISSION ACTION: (AUGUST 7, 2008) The applicant was present. There were no registered objectors present. Staff stated upon further review, based upon meeting with the applicant and staff, it had been determined that the proposed facility did not fall under the definition of a correctional facility. Staff stated as such, no separate Conditional Use Permit was required. Staff stated the applicant may proceed forward through the process, as filed. Staff presented a recommendation of deferral of this site to the September 18, 2008, agenda. Staff stated new notice would be given to all parties as was done for the initial filing. August 7, 2008 SUBDIVISION ITEM NO.: 13.1 (Cont.) FILE NO.: Z-8367 2 There was no further discussion of the item. The Chair entertained a motion for placement of the item on the Consent Agenda for Deferral as recommended by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. August 7, 2008 ITEM NO.: 14 PROPOSED BYLAW AMENDMENT STAFF REPORT: At the direction of the City Manager, staff has reviewed the Planning Commission Bylaws regarding the subject of notification of deferred items. The Commission’s Bylaws do not require renotification on the first or second deferral of a public hearing item. Renotification is required specifically for the third deferral only. Staff is proposing an amendment to the Commission’s Bylaws to mandate renotification on all deferrals of items. On the first and second deferrals of items for which proper notification has been completed, the renotification is to be via regular mail. If the deferral request is made by the applicant, it is to be his or her responsibility to renotify. If the deferral is at the behest of the Commission or staff, it is to be staff’s responsibility to renotify. The Bylaws currently mandate notification via certified mail on the third deferral only. Staff suggests that certified mail notification be mandated on the third deferral and any subsequent deferrals. These deferral notices, if requested by the applicant, must be via certified mail with proof provided to staff. If at the request of staff or the Commission, the notices could be sent via regular mail since the reason for the certified mail is to provide proof to staff that the notices were mailed. The language of Article V, Section E, 9 currently reads as follows: 9. Deferrals – All deferrals shall be governed by the following: a. No application which has been docketed for public hearing and advertised for such hearing shall be deferred except for cause and with a written request five working days prior to the public hearing from the applicant. b. No single request for deferral shall be granted for more than ninety consecutive days, except by unanimous vote of all members present. c. In no case shall more than two requests for deferral from an applicant be granted. d. A third deferral of any public hearing item shall require renotification of property owners as set forth in Article IV. Such a request by the applicant shall be his cost to renotify. A third deferral by the Commission or as requested by staff shall cause the City to bear the cost. e. In the public hearing, the Planning Commission may by its motion or at the request of an applicant for cause defer an application. The length of deferral shall be specified by the Commission in the motion. Staff is proposing that Article V, Section E, 9 be amended to read as follows: 9. Deferrals – All deferrals shall be governed by the following: a. No application which has been docketed for public hearing and advertised for such hearing shall be deferred except for cause and with a written request five (5) working days prior to the public hearing from the applicant. August 7, 2008 SUBDIVISION ITEM NO.: 14 (Cont.) PROPOSED BYLAW AMENDMENT 2 b. No single request for deferral shall be granted for more than ninety (90) consecutive days, except by unanimous vote of all members present. c. In no case shall more than two requests for deferral from an applicant be granted. d. The first and second deferrals of an application for which proper notification has been completed shall require notification of property owners as set forth in Article IV by regular mail. If such a deferral request is made by the applicant, it shall be his responsibility and cost to renotify. If the deferral is at the Planning Commission’s or Staff’s behest, it shall be the City’s responsibility and cost to renotify. e. A third or subsequent deferral of any public hearing item shall require renotification of property owners by certified mail as set forth in Article IV. Such a request by the applicant shall be his cost to renotify. A third deferral by the Commission or as requested by staff shall cause the City to bear the cost. Notice sent by the City may be by regular mail. f. In the public hearing, the Planning Commission may by its motion or at the request of an applicant for cause defer an application. The length of deferral shall be specified by the Commission in the motion. As required by the Commission’s Bylaws, this proposed amendment was presented in writing at the July 10, 2008 meeting to be scheduled for action at the August 7, 2008 meeting. PLANNING COMMISSION ACTION: (AUGUST 7, 2008) Staff presented the proposed Bylaw amendments with one minor change proposed by the City Attorney. Deputy City Attorney Cindy Dawson suggested the following additional language: Under Section V.E.9., inserting a new subsection (c) with the remaining subsections to be re-lettered accordingly: c. A deferral that occurs because of an applicant’s failure to issue the supplemental notice required in Article IV shall be deemed to be a deferral at the applicant’s request. There was no further discussion. The Bylaw amendment, with the change proposed by the City Attorney, was placed on the consent agenda and approved by a vote of 9 ayes, 0 noes and 2 absent.