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pc_12 18 2008sub LITTLE ROCK PLANNING COMMISSION SUBDIVISION HEARING SUMMARY AND MINUTE RECORD DECEMBER 18, 2008 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present there being six (6) members present. II. Members Present: J. T. Ferstl Troy Laha Jeff Yates Jerry Meyer William Rector Chauncey Taylor Members Absent: Pam Adcock Obray Nunnley, Jr. Three Open Positions City Attorney: Cindy Dawson III. Approval of the Minutes of the October 30, 2008 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION SUBDIVISION AGENDA DECEMBER 18, 2008 OLD BUSINESS: Item Number: File Number: Title: A.1. LU08-11-02B A Land Use Plan Amendment in the I-430 Planning District located at the southeast corner of Kanis and Shackleford Roads from Office to Commercial. A.2. Z-4565-A Kanis/Shackleford Lot 2 Short-form PCD, located just West of Kaufman Road in the 10700 Block of Kanis Road. B. LU08-04-02A A Land Use Plan Amendment in the Heights Hillcrest Planning District located near Kavanaugh Boulevard and Hillcrest Road from Single Family and Multi Family to Public Institutional. B.1. LU08-04-02B A Land Use Plan Amendment in the Heights Hillcrest Planning District located near Kavanaugh Boulevard between J and I Streets from Low Density Residential to Multi Family. B.2. Z-6883-A Harp’s Quadplex Short-form PD-R, located at 5212 I Street. C. LU08-29-01 A Land Use Plan Amendment in the Barrett Planning District located at the north side of Highway 10 near Morgan Cemetery Road from Transition to Mixed Office Commercial. C.1. Z-7948-B Morgan Lot 2 Short-form POD, located on the Northwest corner of Cantrell Road and Morgan Cemetery Road. D. S-1622 Skyhawk Circle Preliminary Plat, located at 4500 Skyhawk Circle. E. Z-8401 Ensminger Short-form PD-R, located on the Southeast corner of Grandview Avenue and Pierce Street. F. Z-8397-A Aloft Hotel Short-form PCD, located at 421 President Clinton Avenue. Agenda, Page Two OLD BUSINESS: (CONTINUED) Item Number: File Number: Title: G. Z-5646-A West Little Rock Elementary School Revised Conditional Use Permit, located on the Southwest corner of Cantrell Road and Taylor Loop Road West. H. LU08-19-02 A Land Use Plan Amendment in the Chenal Planning District from Single Family and Low Density Residential to Multifamily, Commercial, Office and Single Family and Park/Open Space on the east side of Rahling Road, south of Pebble Beach Drive. H.1 Z-8165-A Revision to previously approved rezoning application, located on the East side of Rahling Road, South of Pebble Beach Drive. NEW BUSINESS: I. PRELIMINARY PLATS: Item Number: File Number: Title: 1. S-46-II Overlook Replat Lot 201A & 201B, located at 120 Overlook Drive. 2. S-502-J John Barrow Addition Replat Lots 10R – 13R, Block 71 and Right of Way Abandonment for Zion Street, located on the Northeast Corner of West 38th and Zion Streets. 3. S-636-O Kanis Commercial Park II Preliminary Plat, located South of the intersection of Kanis Commercial Drive and Kanis Park Drive. II. SITE PLAN REVIEW: Item Number: File Number: Title: 4. S-1575-B Broadway Subdivision Site Plan Review, located at 3315 West Roosevelt Road. Agenda, Page Three III. PLANNED DEVELOPMENTS: Item Number: File Number: Title: 5. Z-2725-B McGee Short-form PID, located at 8624 I-30. 6. Z-3143-C LaQuinta Inn Revised Short-form PCD, located at 901 Fair Park Boulevard. 7. Z-4524-G GCC Addition Lot 2 Short-form POD, located at 13000 Cantrell Road. 8. Z-4923-G Shackleford Crossing Lot 1 Revised Long-form PCD (Cracker Barrel), located at 2618 South Shackleford Road. 9. Z-6323-L The Village at Rahling Road Lot 9B Revised PCD, located at 24 Rahling Circle. 10. Z-7626-A Joe T Robinson Middle School Long-form PD-O, located at 21001 Highway 10. 11. Z-8418 Engine Solutions Short-form PID, located at 8404 Baseline Road. IV. OTHER ITEMS: Item Number: File Number: Title: 12. S-1280-M Valley Falls Estates Collector Street Deferral, located on the East side of Valley Falls Estates abutting Lots 13A – 13D and Lots 14 - 18. 13. LA-0023 Pfeifer Property Advanced Grading Variance, located at 16500 Cantrell Road. December 18, 2008 ITEM NO.: A.1 FILE NO.: LU08-11-02B Name: Land Use Plan Amendment - I-430 Planning District Location: The southeast corner of Kanis and Shackleford Roads Request: Office to Commercial Source: Joe White, White-Daters PROPOSAL / REQUEST: The applicant has requested this item be deferred until the October 30, 2008 meeting. Staff is supportive of this request. A Land Use Plan amendment in the I-430 Planning District from Office to Commercial. Commercial represents a broad range of retail and wholesale services. The applicant has filed for a Planned Commercial Development to allow a restaurant use on this site. Prompted by this Land Use Amendment request, the Planning Staff expanded the area of review to include area immediately west of the application site. With these changes, the existing commercial site at the southeast corner of Kanis and Shackleford would be amended to recognize existing uses. It is thought that the additional area would make the boundaries more logical. PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008) This item was placed on the consent agenda for deferral to the October 30, 2008 hearing at the request of the applicant. By a vote of 6 for and 0 against the consent agenda was approved. STAFF UPDATE: A Land Use Plan amendment in the I-430 Planning District from Office to Commercial. Commercial represents a broad range of retail and wholesale services. The applicant has filed for a Planned Commercial Development to allow a restaurant use on this site. Prompted by this Land Use Amendment request, the Planning Staff expanded the area of review to include area immediately west of the application site. With these changes, the existing commercial site at the southeast corner of Kanis and Shackleford would be amended to recognize existing uses. It is thought that the additional area would make the boundaries more logical. December 18, 2008 SUBDIVISION ITEM NO.: A.1 (Cont.) FILE NO.: LU08-11-02B 2 EXISTING LAND USE AND ZONING: This property is zoned O-2 Office and Institutional District and O-3 General Office District. The western portion of the amendment has a non conforming restaurant use with drive through and the eastern portion of the amendment area is currently vacant and undeveloped. North of this area is also zoned O-3 for a large office complex. South of the amendment is zoned O-2 for two banks, two hotels and a hospital. West of this area is zoned Planned Commercial District for a convenience store with gas pumps, O-3 and C-2 Shopping Center District for a car dealership and lot. The northwest corner of Kanis and Shackleford is zoned C-3 for a hotel. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: There have been no amendments approved in this area for more than eight years. This area is shown as Office on the Plan. Office is also shown immediately north, east and south of this area. The area west of this amendment is shown as Community Shopping and Suburban Office. MASTER STREET PLAN: Kanis and Shackleford Roads are both Minor Arterials on the Master Street Plan. 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 since they are Minor Arterials. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. BICYCLE PLAN: There are no bike routes shown in this immediate vicinity. PARKS: According to the Master Parks Plan, this area is within eight blocks of a city park or open space. A strip of Open Space is zoned along the northern boundary of this amendment. HISTORIC DISTRICTS: There are no city recognized historic districts that would be affected by this amendment. December 18, 2008 SUBDIVISION ITEM NO.: A.1 (Cont.) FILE NO.: LU08-11-02B 3 CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN: This area is covered by the John Barrow Neighborhood Plan. Their Commercial Development goal states: “To encourage the development of a sit-down restaurant in the area.” This rezoning would allow the development of a restaurant on this site. ANALYSIS: This area of Little Rock has seen major growth in the last ten years. The land along Shackleford south of I-430 has become a major community shopping center and the neighborhood to the east of I-430 has seen a renewal of interest with the influx of new development and growth. While Hicks Interurban is an older subdivision, the neighborhood has seen 85 single-family building permits issued since 2000 between Aldersgate Road and Junior Deputy Road. The amount of new single family residential adds to the demand for commercial services in the area. Kanis Road has been developing as an office corridor, with medical related offices and clinics. This amendment area is located at the southeast corner of Kanis and Shackleford Roads. This area has been shown on the Land Use Plan as Office for more than ten years, from a time when the City’s Land Use Plan envisioned a suburban office corridor along I-430. The existing restaurant that is located on the western portion of this amendment area has been a nonconforming use in O-2 zoning for almost that long. This amendment would recognize the existing commercial use at this corner and add approximately 1.5 acres of new commercial uses. This amendment area is located at the intersection of two minor arterials. Staff has long held the position that commercial uses are best situated at the intersection of arterials, so this area would be a logical location for more commercial uses. This amendment would only change about 3 acres of Office to Commercial. There is currently almost forty acres of Office shown between Kanis, Shackleford and I-430 and almost one-third of it is still undeveloped. This area has changed drastically over the past ten to twenty years. The once proposed Office Corridor has been lost with changes from Office to other classifications to the south of this application to the Colonel Glenn Road area. The majority of the commercial development in this area has been and is proposed to be regional in nature (i.e. hotels, car dealerships). The availability of local commercial to serve the immediate neighborhoods is lacking. This amendment area is covered by the John Barrow Neighborhood Action Plan and December 18, 2008 SUBDIVISION ITEM NO.: A.1 (Cont.) FILE NO.: LU08-11-02B 4 it states a need for more local commercial uses including a sit down restaurant. With this change, a small to medium commercial node is now proposed to service the larger surrounding office areas as well as the surrounding neighborhoods. NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood associations: Sandpiper and John Barrow. Staff has received no comments from area residents. STAFF RECOMMENDATIONS: Staff believes the change is appropriate. PLANNING COMMISSION ACTION: (OCTOBER 30, 2008) Walter Malone, Planning Staff reviewed the history of the Office designation along I-430 of which this is a part. Mr. Malone reviewed the use pattern in the surrounding area and indicated that this would be support commercial for the office that surrounds the site. Ms. Donna James reviewed the related Planned Zoning District application, see item Z-4565-A for a full minute record. A motion was made to defer the Land Use Plan amendment to December 18, 2008, by a vote of 5 for and 4 against the item was deferred. STAFF UPDATE: There have been no changes to this application. PLANNING COMMISSION ACTION: (DECEMBER 18, 2008) There being only six Planning Commissioners present the applicant elected to defer their item to the January 8, 2009 Planning Commission hearing. By a vote of 6 for, 0 against and 3 vacancies the item was deferred. December 18, 2008 ITEM NO.: A.2 FILE NO.: Z-4565-A NAME: Kanis/Shackleford Lot 2 Short-form PCD LOCATION: Located just West of Kaufman Road in the 10700 Block of Kanis Road DEVELOPER: Taco Bueno Restaurants, LP 1605 LBJ Freeway, Suite 800 Farmers Branch, TX 75234 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 TOTAL AREA: 1.63 acres NUMBER OF LOTS: 2 FT. NEW STREET: 0 LF AREA PROPOSED FOR REZONING: 0.88 CURRENT ZONING: O-3, General Office District ALLOWED USES: General Office PROPOSED ZONING: PCD PROPOSED USE: Restaurant with drive-through service VARIANCES/WAIVERS REQUESTED: 1. A five year deferral of the required addition of a left turn lane on Kanis Road. 2. A variance from the Subdivision Ordinance to allow the creation of a lot without public street frontage. 3. A variance from the minimum driveway spacing requirement for drives located on an arterial. A. PROPOSAL/REQUEST: The applicant proposes to subdivide this 1.63 acre lot into two (2) lots and to rezone one of the lots from O-3 to PCD. The property is located at the southeast December 18, 2008 SUBDIVISION ITEM NO.: A.2 (Cont.) FILE NO.: Z-4565-A 2 corner of Kanis and Shackleford Roads just east of “Mamma Bea’s Big Burger” restaurant. The developer is proposing a restaurant with drive-through service adjacent to the existing restaurant. A variance of the driveway spacing requirement to allow a “right out” only driveway on Kains Road is being requested. The drive is necessary to allow traffic coming from the drive-thru to exit east without circling back through the parking area. The restaurant is proposed to contain 2,900 square feet with 36 parking spaces. The site contains 22,050 square feet of paved area and 13,607 square feet of landscape area. Access to the site will be via an existing drive, a cross access easement, shared with Bancorp South Bank. The restaurant hours of operation are proposed Sunday through Thursday from 10:00 am to midnight and on Friday and Saturday from 10:00 am to 1:00 am. The hours of dumpster service have been limited to 6:00 am to 10:00 pm seven days per week. A single pylon sign is proposed along Kanis Road. The sign is proposed consistent with signage allowed in commercial zones or a maximum of 36-feet in height and 160 square feet in area. Building signage is proposed consistent with signage allowed in commercial zones or a maximum of ten percent of the façade facing the public street. Directional signage will comply with directional signage allowed in commercial zones. The request includes a deferral of the required street construction to add a left turn lane to Kanis Road for a period of five years or until adjacent development occurs, whichever occurs first. The request also includes a variance from the Subdivision Ordinance to allow the creation of a lot without public street frontage. Access to the lot will be from a drive extending from the common access easement located along the western property line. B. EXISTING CONDITIONS: Kanis Road adjacent to the site has been constructed to Master Street Plan standard. The sidewalk is in place along the property frontage. The site is tree covered with a single-family residence located to the east of the site fronting Kaufman Road. There are other single-family homes located along Kaufman Road. There are a number of zoning classifications within the area. This site is zoned O-3, General Office District as is the Bancorp South Bank property. The property to the west, Mamma Bea’s Big Burger is zoned O-2, Office and Institutional District as is property located to the south, fronting South Shackleford Road, containing hotels, restaurant uses and the Heart Hospital. Across South Shackleford Road is property zoned PCD, O-3, General Office District, C-2, Shopping Center District and C-3, General Commercial District December 18, 2008 SUBDIVISION ITEM NO.: A.2 (Cont.) FILE NO.: Z-4565-A 3 which has developed with a number of uses including a convenience store, hotels, automobile dealerships and general office uses. North of the site is a large insurance company office complex, Arkansas Farm Bureau, and a daycare facility, Kidco. 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 and the John Barrow and Sandpiper Neighborhood Associations were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Kanis Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. An additional 10 feet of right-of-way, measured from the centerline of the right-of- way, for a future right turn lane should be dedicated. The additional 10 feet of right-of-way shall be measured 250 feet in length from the intersecting right- of-way. The western portion of this particular property shows to be within 250 feet of the intersecting right-of-way of Shackleford Road. 2. With site development, provide the design of street conforming to the Master Street Plan. An lieu contribution should be made for one half street improvements on Kanis Road for future dual left turn lanes with the planned development. 3. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 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. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. 6. Provide proposed elevations for the top and bottom of the proposed retaining wall. If wall height is greater than 15 feet a variance must be requested from the Land Alteration Regulations. 7. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). December 18, 2008 SUBDIVISION ITEM NO.: A.2 (Cont.) FILE NO.: Z-4565-A 4 8. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer service 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. A Capital Investment Charge based on the size of the meter connection(s) will apply to this project in addition to normal charges. Contact Central Arkansas Water Works regarding the size and location of the water meter(s). The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer's expense. Plans must be made to provide water service to Lot 2. Contact Central Arkansas Water for additional information. Fire Department: 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 CATA Bus Route # 3, Baptist Medical Center. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the I-430 Planning District. The Land Use Plan shows Office for this property. The applicant has applied for a rezoning from O-3, General Office District to Planned Commercial Development. A Land Use Plan amendment is a separate item on this agenda (LU08-11-02) a change from Office to Commercial. Master Street Plan: Kanis and Shackleford Roads are both Minor Arterials on the Master Street Plan. 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 December 18, 2008 SUBDIVISION ITEM NO.: A.2 (Cont.) FILE NO.: Z-4565-A 5 effects of traffic and pedestrians on these streets since they are Minor Arterials. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes shown in this immediate vicinity. Neighborhood Action Plan: This area is covered by the John Barrow Neighborhood Plan. Their Commercial Development goal states: “To encourage the development of a sit-down restaurant in the area.” This rezoning would allow the development of a new restaurant with sit-down dining on this site. Landscape: 1. The site plan must comply with the City’s landscape ordinance requirements. 2. The zoning buffer ordinance requires an average street buffer of twelve feet (12’) and in no case less than nine feet (9’). 3. A land use buffer averaging 11.95 feet is required along the sites eastern perimeter. Seventy percent of this area is to remain undisturbed. Utility easements cannot count towards fulfilling the land use buffer requirement. A buffer variance must be approved by the Commission to allow the buffer to remain as indicated. 4. The City Beautiful Commission recommends preserving as many existing trees as feasible on this tree covered site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (October 9, 2008) Mr. Joe White of White-Daters and Associates was present. Staff presented an overview of the request stating there were additional items necessary to complete the review process. Staff also requested the developer provide the total height of the retaining wall, details for proposed building signage and the dumpster hours of service. Public Works comments were addressed. Staff stated a right of way dedication was required for Kanis Road. Staff also stated the drive located on the eastern portion of the site did not comply with the typical ordinance standards for driveway spacing. Staff stated the storm water detention ordinance would apply to the development of the site. Staff stated a grading permit would be required prior to any land clearing or grading activities on the site. December 18, 2008 SUBDIVISION ITEM NO.: A.2 (Cont.) FILE NO.: Z-4565-A 6 Landscaping comments were addressed. Staff stated the eastern land use buffer was indicated entirely within a utility easement. Staff stated the utility easement could not count in fulfilling the land use buffer requirements. Staff stated the street buffer was not indicated adequate to meet the typical ordinance standards. Staff stated a twelve foot average landscape strip was required along Kanis Road. Staff stated in no case could the street buffer be less than nine feet. 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 a number of the issues raised at the October 9, 2008, Subdivision Committee meeting. The applicant has provided the total height of the retaining wall, details for proposed building signage and the dumpster hours of service. The retaining wall will not exceed 15 feet in height. The revised plan also indicates the drive on Kanis Road as a right out only drive. Staff is supportive of the driveway configuration. The site is proposed with a 2,900 square foot building and 33 parking spaces. The building is proposed as an eating place with drive through service. The hours of operation are from 10:00 am to midnight Sunday through Thursday and from 10:00 am to 1:00 pm on Friday and Saturday. The dumpster hours of service have not been identified. Staff recommends the hours of service be limited to daylight hours while residential uses remain in the area. The request includes a replat of Lot 2 Kanis/Shackleford Subdivision. The replat would allow the creation of two lots. Lot 2A will contain 0.88 acres and is proposed for rezoning from O-3, General Office District to PCD. Lot 2B will containing 0.75 acre and will remain zoned O-3, General Office District. Lot 2B will require a variance from the Subdivision Ordinance to allow a lot to be created as a lot without public street frontage. The building is proposed as a single story building with a maximum building height of 35 feet. The specifics of the development include 7.5 percent of building coverage, 56.6 percent of paved area and 35.8 percent landscape area. A single dumpster location has been identified on the plan. A note on the site plan indicates the dumpster will be screened per the typical ordinance requirements for dumpster screening. The site plan indicates a 15 foot landscape buffer strip along the eastern perimeter of the site. The entirety of the landscape buffer strip is located within a sanitary sewer easement. The applicant has also indicated the buffer area will be entirely disturbed. The buffer ordinance states a minimum of 70 percent of the land use buffer must be left undisturbed. The ordinance also states right of way and any utility easements can not count in computing the depth or area of the land use buffer. December 18, 2008 SUBDIVISION ITEM NO.: A.2 (Cont.) FILE NO.: Z-4565-A 7 Building signage is proposed consistent with signage allowed in commercial zones or a maximum of ten percent of the façade area abutting a public right of way. A single ground mounted monument sign is proposed within the front yard area. The sign is proposed with a maximum sign height of 36 feet and a maximum sign area of 160 square feet. The plan includes a 2,900 square foot restaurant building and 33 parking spaces. For a restaurant development, the ordinance typically requires the placement of one parking space per 100 gross square feet of building area. Parking to serve the restaurant use would typically require 29 parking spaces. The parking indicated is adequate to serve the use. Staff is supportive of the request and the associated variances. The site is located along an arterial street and the area includes a mixture of commercial and office uses. Staff feels the rezoning of the property to allow a restaurant use is appropriate for this site. 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 service hours be limited to daylight hours as long as there is adjacent residential uses. Staff recommends approval of the variance request to allow a reduced buffer along the eastern perimeter of the site and the allowance to disturb the entire buffer area. Staff recommends approval of the variance request from the Subdivision Ordinance to allow the creation of a lot without public street frontage. Staff recommends approval of the variance from the minimum driveway spacing criteria for the right out drive located on Kanis Road. Staff recommends approval of the deferral request for the required street improvements for the addition of a left turn lane on Kanis Road for five years or until adjacent development occurs, whichever occurs first. PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated August 28, December 18, 2008 SUBDIVISION ITEM NO.: A.2 (Cont.) FILE NO.: Z-4565-A 8 2008, requesting a deferral of this item to the October 30, 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. The motion carried by a vote of 6 ayes, 0 noes and 5 absent. PLANNING COMMISSION ACTION: (OCTOBER 30, 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 the dumpster service hours be limited to daylight hours as long as there was adjacent residential uses. Staff also presented a recommendation of approval of the variance request to allow a reduced buffer along the eastern perimeter of the site and the allowance to disturb the entire buffer area. Staff presented a recommendation of approval of the variance request from the Subdivision Ordinance to allow the creation of a lot without public street frontage. Staff presented a recommendation of approval of the variance from the minimum driveway spacing criteria for the right out drive located on Kanis Road and the deferral request for the required street improvements for the addition of a left turn lane on Kanis Road for five years or until adjacent development occurred, whichever occurred first. Mr. Joe White of White Daters, Mr. Tom Cole of David Jones Company and Ms. Melanie Gibson of Collier International were present representing the request. Mr. White stated the request was to allow the development of the site with a sit-down restaurant which had a drive-through pick up window. He stated the buffer area was previously cleared for the installation of the sewer line. He stated the applicants would replant the area as required by the ordinance. Mr. Bill Waddell of the Arkansas Farm Bureau Federation was present in opposition of the request. He stated the Federation had a number of concerns most related to traffic. He stated the Federation sold the property to Bank Corp South a number of years ago with the understanding the site would be used as an office use. He stated Farm Bureau had been at this location for a number of years and most recently had constructed a daycare facility. He stated there were 300 employees of Farm Bureau and 150 preschool children served by the daycare. He stated this generated a great deal of traffic to the area. He stated when the site plan was approved for Arkansas Farm Bureau the City did not allow the drive on South Shackleford Road to be a full access drive. He stated the site could only be entered from Shackleford Road when traveling northbound and exits on Shackleford Road were also allowed as northbound only. He December 18, 2008 SUBDIVISION ITEM NO.: A.2 (Cont.) FILE NO.: Z-4565-A 9 stated this caused the drive on Kanis Road to be very congested. He stated traffic at the intersection of Kanis and Shackleford Road backed the length of the Farm Bureau site to the overpass of I-430. He requested the Commission deny the request to allow the increase in intensity of zoning for the site. Mr. John Hathaway addressed the Commission in opposition of the request. He stated his firm represented Bank Corp South in the replatting and sale of the parcel being considered for rezoning to the current owner and also his firm represented Bank Corp South in the original purchase of the entire area. He stated Bank Corp South included in the Bill of Assurance for the sale restrictions on the land proposed for development. He stated use was not restricted but the developers were to receive approval of the site plan, building placement and other site development criteria prior to construction. He stated Bank Corp South had concerns with the traffic a food establishment would generate and the effects of the traffic on the access easement. He stated the use of the property was not restricted through the Bill of Assurance or a Deed Restriction but there were concerns by Bank Corp South with the proposed development of the site as a food service related to dumpster locations, smells and other activities. He requested the Commission defer the request until the bank could meet with the developers and work through some of their concerns. Mr. Roy Snook addressed the Commission. He stated he was an officer of Bank Corp South. He stated the Bank did not envision the site would be used for such an intense use as a restaurant when the agreements were put in place. He stated traffic on the access drive was a concern. He stated the bank would like the opportunity to review the site plan as outlined in the Bill of Assurance. The Commission questioned the City Attorney on the Commission’s obligations and review of Bills of Assurance. Ms. Cindy Dawson, Deputy City Attorney, stated that the Board of Directors, through an ordinance has directed that the Commission shall review bills of assurance as a part of its review process. She stated that commissioners, however, are not required to follow provisions of bills of assurance, which are matters for enforcement by courts of law. Mr. Tom Cole stated traffic was a concern of the development. He stated this developer was being a part of the solution by adding a left turn lane at the time of redevelopment of the adjacent property or within five years. He stated the development was not a destination business but was proposed to take advantage of the nearby office and hotel uses. He stated the site would have one drive-through. He stated there were a number of banks and a carwash in the area which had a greater number of drive-through facilities than proposed by the applicant. He stated the streets were arterial streets. He stated the traffic counts for the streets was in excess of 30,000 vehicles per day. December 18, 2008 SUBDIVISION ITEM NO.: A.2 (Cont.) FILE NO.: Z-4565-A 10 There was a general discussion concerning the Bill of Assurance and the conditions of the Bill of Assurance. There was also a general conversation concerning deed restrictions. Mr. White stated there property was not covered under a deed restriction but the Bill of Assurance did require the developers to provide to Bank Corp South site grading and construction plans prior to development. Mr. Hathaway stated the Bank did not have control over use only the Commission had control over use. He stated the Bank was requesting the developers meet with them to discuss traffic and how the use would affect the access drive which would be shared by the developments. Mr. Tom Cole stated the developers would defer the item to the December 18, 2008, public hearing to allow a meeting to occur between the interested parties. There was no further discussion of the item. The chair entertained a motion for deferral of the item. The motion carried by a majority of those present by a vote of 5 ayes, 4 noes, 1 absent and 1 open position. STAFF UPDATE: There has been no change to the site plan or proposed development plan since the previous public hearing. The applicant has met with the adjoining property owner as requested by the Commission at their October 30, 2008, public hearing. Staff continues to support the request as indicated in the previous Planning Commission write-up and minute record. PLANNING COMMISSION ACTION: (DECEMBER 18, 2008) The applicant was present. There were registered objectors present. Chairman Taylor stated when there were eight (8) or fewer Commissioners present the practice of the Commission had been to allow the applicant the option of deferral of an item to a subsequent meeting. He questioned if the applicant desired a deferral of the item to the January 8, 2009, public hearing. Mr. Joe White stated his desire was to defer the item to the January 8, 2009, public hearing. There was no further discussion of the item. The chair entertained a motion of approval of the item for deferral to the January 8, 2009, public hearing. The motion carried by a vote of 6 ayes, 0 noes, 2 absent and 3 open positions. December 18, 2008 ITEM NO.: B FILE NO.: LU08-04-02A Name: Land Use Plan Amendment - Heights/Hillcrest Planning District Location: Hillcrest Street and Kavanaugh Boulevard Request: Single Family and Multi Family to Public Institutional Source: Staff PROPOSAL / REQUEST: Prompted by the Land Use Amendment request at I Street (LU08-04-02), the Planning Staff expanded the area of review to include the area at the northeast corner of Hillcrest Street and Kavanaugh Boulevard. Staff is now proposing a Land Use Plan amendment in the Heights/Hillcrest Planning District from Single Family and Multi Family to Public Institutional. Public Institutional represents services public and quasi-public facilities that provide services to the surrounding community. EXISTING LAND USE AND ZONING: The property is currently zoned C-3 General Commercial and R-2 Single Family. The amendment area is approximately 1.5 acres and is the site of the Grace Lutheran Church and daycare facilities. Immediately south is zoned R-2 Single Family with a Conditional Use Permit for the Mount Saint Mary Academy campus. To the west is zoned C-3 General Commercial for two small shopping centers and an apartment complex. To the north is zoned R-5 Urban Residence District for a large apartment complex. The east is zoned R-2 Single Family for single family residences. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: There have not been any amendments in this vicinity in the past ten years. This area is shown on the Land Use Plan as Single Family and Multi Family. The property to the south is shown as Public Institutional. To the west and northwest is shown as Commercial; to the north is shown as Multi Family; and to the east is shown as Single Family. MASTER STREET PLAN: Kavanaugh Boulevard 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. Hillcrest Street is a Local Street. The primary function of a Local Street is to provide access to adjacent properties. Local Streets which are abutted by non-residential zoning/use or more intensive zoning than duplexes are December 18, 2008 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: LU08-04-02A 2 considered as “Commercial Streets”. These streets have a design standard the same as a Collector. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. BICYCLE PLAN: A Class III bike route is shown on Kavanaugh Boulevard. A Class III bikeway is a signed route on a street shared with traffic. No additional paving or right-of-way is required. Class III bicycle route signage may be required. PARKS: This area is within eight blocks of a city park. Allsopp Park is located abut ¼ mile northeast of the amendment area. Prospect Terrace Park is about 1/8 mile northwest of this area. HISTORIC DISTRICTS: There are no city recognized historic districts that would be affected by this amendment. CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN: The Hillcrest Neighborhood Plan covers this amendment area. Their zoning and land use goal states: “revise the land use map for the neighborhood to reflect changes in proposed land use and consolidation and elimination of certain land uses.” This amendment would recognize existing uses. ANALYSIS: This application was initiated by City Planning Staff as a direct result of LU08-04-02 being filed for I Street in an effort to update the Future Land Use Plan for the area. This amendment to the plan is considered by Staff to be a ‘clean up’ to recognize existing conditions. The area was reviewed for conformance with the zoning and existing use pattern. With this review, Staff feels this area should be amended to Public Institutional on the plan to represent the existing use of the Grace Lutheran Church campus. This amendment is designed to make the Future Land Use Plan a more suitable representation of current and likely mid-term future uses for this area. Staff does not believe that the existing use is likely to change, and the Future Land Use Plan would be more reliable for all users if this school and church were recognized. December 18, 2008 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: LU08-04-02A 3 NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood association: Hillcrest. Staff has received no comments from area residents. STAFF RECOMMENDATIONS: Staff believes the change is appropriate. PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008) This item was placed on the consent agenda for deferral to the October 30, 2008 hearing at the request of the applicant. By a vote of 6 for and 0 against the consent agenda was approved. STAFF UPDATE: The applicant has requested this item be deferred to the December 18, 2008 agenda. Staff if supportive of this request. PLANNING COMMISSION ACTION: (OCTOBER 30, 2008) The applicant requested this item be deferred to the December 18, 2008 hearing. The item was placed on the consent agenda for Deferral. By a vote of 9 for and 0 against the consent agenda was approved. STAFF UPDATE: There have been no changes to this application. PLANNING COMMISSION ACTION: (DECEMBER 18, 2008) The item was placed on consent agenda for approval. By a vote of 6 for, 0 against and 3 vacancies the consent agenda was approved. December 18, 2008 ITEM NO.: B.1 FILE NO.: LU08-04-02B Name: Land Use Plan Amendment - Heights/Hillcrest Planning District Location: I Street and Kavanaugh Request: Low Density Residential (LDR) to Multi Family (MF) Source: Richard Harp, CAR Holdings, LLC PROPOSAL / REQUEST: A Land Use Plan amendment in the Heights/Hillcrest Planning District from Low Density Residential (LDR) to Multi Family (MF). Multi Family (MF) represents residential developments of ten to thirty six units per acre. The applicant has filed for a Planned Residential Development to allow 14 units on one-half of an acre. Prompted by this Land Use Amendment request, the Planning Staff expanded the area of review to include the area to the east between the application and Kavanaugh Boulevard. It is thought that the additional area would make the boundaries more logical. EXISTING LAND USE AND ZONING: The property is currently zoned for a Planned Residential Development (PRD) with R-2 and R-4 zoning fronting Kavanaugh Boulevard. The residences fronting Kavanaugh appear to be single family and the PRD has a duplex and two four- plexes. The amendment area is one acre ± in size. To the east is zoned R-2 Single Family with a Conditional Use Permit for Mount Saint Mary Academy. The south, west and northwest is also all zoned R-2 Single Family for single family residences and Holy Souls Church and School, which has a Conditional Use Permit. To the north of this amendment is zoned R-4 Two Family District for single family residences and some duplexes. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: There have not been any amendments in this vicinity in the past ten years. The amendment area is currently shown as Low Density Residential. The property to the north and west is shown as Single Family and the east is shown as Low Density Residential. The property on the south side of I Street is shown as Single Family and Multi Family. The property on the east side of Kavanaugh is shown as Public Institutional. December 18, 2008 SUBDIVISION ITEM NO.: B.1 (Cont.) FILE NO.: LU08-04-02B 2 MASTER STREET PLAN: Kavanaugh Boulevard 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. I Street is a Local Street. The primary function of a Local Street is to provide access to adjacent properties. Local Streets which are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. These streets have a design standard the same as a Collector. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. BICYCLE PLAN: A Class III bike route is shown on Kavanaugh Boulevard. A Class III bikeway is a signed route on a street shared with traffic. No additional paving or right-of- way is required. Class III bicycle route signage may be required. PARKS: This area is within eight blocks of a city park. Allsopp Park is located abut ¼ mile northeast of the amendment area. Prospect Terrace Park is about 1/8 mile northwest of this area. HISTORIC DISTRICTS: There are no city recognized historic districts that would be affected by this amendment. CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN: This amendment is covered by the Hillcrest Neighborhood Plan. The Housing Goal states: “Pursue establishing an overlay district that protects the eclectic architectural character of the Hillcrest Neighborhood without imposing unreasonable restrictions on property owners' rights to remodel of otherwise alter their property.” The Hillcrest Design Overlay District has been implemented and the applicant has filed a Planned Development, which is a separate item on this agenda. ANALYSIS: The applicant’s property is already zoned for a Planned Residential Development (PRD). The original PRD was filed in August of 2000 and a land use plan December 18, 2008 SUBDIVISION ITEM NO.: B.1 (Cont.) FILE NO.: LU08-04-02B 3 amendment for the area was also filed at that time. The PRD was approved at that time, but the land use plan amendment from Low Density Residential to Multi Family was denied. With the approval of that PRD, this site was allowed to have 10 units on half an acre, with is 20 units per acre. The Multi Family land use category is for residential developments of 10 to 36 units per acre. The applicant is now proposing to add two more units, which would increase the density to 12 units, or 24 units per acre. Staff has reviewed this area and increased the amendment site to include the residences between this PRD and Kavanaugh Boulvard. This would bring the Multi Family category east all the way to Kavanaugh, which would make the plan more logical. The section of the Hillcrest Neighborhood is characterized by the balance between houses, duplexes and apartments. Small single family houses near Harrison Street and small duplexes located near Kavanaugh are typical examples of the surrounding neighborhood. There are small apartment buildings of varying size along Kavanaugh south of this amendment area. This amendment would increase the density of dwelling units located on the property, which is already a very dense development. There does not appear to be a demand for more intensity in this area. Several houses on I Street and in the surrounding neighborhood are former duplexes that have been converted back to single family residences. There is a balance of single family and multi family residences in Hillcrest, and adding more density at this time could disturb this balance. NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood association: Hillcrest. Staff has received one positive comment from an adjacent property owner. STAFF RECOMMENDATIONS: Staff believes the change is not appropriate. PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008) This item was placed on the consent agenda for deferral to the October 30, 2008 hearing at the request of the applicant. By a vote of 6 for and 0 against the consent agenda was approved. December 18, 2008 SUBDIVISION ITEM NO.: B.1 (Cont.) FILE NO.: LU08-04-02B 4 STAFF UPDATE: The applicant has requested this item be deferred to the December 18, 2008 agenda. Staff if supportive of this request. PLANNING COMMISSION ACTION: (OCTOBER 30, 2008) The applicant requested this item be deferred to the December 18, 2008 hearing. The item was placed on the consent agenda for Deferral. By a vote of 9 for and 0 against the consent agenda was approved. STAFF UPDATE: The application has been amended the rezoning request to limit the new development of the lots abutting I Street to single-family which more closely represents the current future land use classification of Low Density Residential. Staff recommends this item be withdrawn from consideration. PLANNING COMMISSION ACTION: (DECEMBER 18, 2008) The item was placed on consent agenda for withdrawal. By a vote of 6 for, 0 against and 3 vacancies the consent agenda was approved. December 18, 2008 ITEM NO.: B.2 FILE NO.: Z-6883-A NAME: Harp’s Quadplex Short-form PD-R LOCATION: Located at 5212 “I” Street DEVELOPER: CARD Holdings, LLC Mr. Richard Harp 17200 Chenal Parkway, Suite 300 Little Rock, AR 72223 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 0.19 acres NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF CURRENT ZONING: PRD ALLOWED USES: Duplex, Four-plex and a Six-plex PROPOSED ZONING: Revised PD-R PROPOSED USE: 2-Four-plex Buildings and a Six-plex Building VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: On August 3, 2000, the Little Rock Planning Commission approved a request to rezone the site from R-2, Single-family and R-4, Two-family to PRD to allow a single-family residence located at 5215 J Street to be removed and a new four-plex constructed in its location. The existing parking was to be upgraded with the construction of a new parking area behind the six-unit apartment building containing a total of 16 surface parking spaces accessed from J Street. The six-plex had four garage parking spaces accessed from J Street. The Board of Directors adopted Ordinance No. 18,379 on October 17, 2000, rezoning the site to PRD. A land use plan amendment was also filed to change the site from Single Family and Low Density Residential to Multi-family. This December 18, 2008 SUBDIVISION ITEM NO.: B.2 (Cont.) FILE NO.: Z-6883-A 2 application request was denied by the Planning Commission and was not appealed to the Board of Directors. A. PROPOSAL/REQUEST: The request is to revise the previously approved PRD to allow an existing duplex structure to be removed from the site and a new four-unit apartment building constructed within this area. According to the applicant, the duplex building is beyond cost effective repair, remodel or updating. The applicant has applied for and received a demolition permit for the structure. The duplex is located adjacent to a vacant lot. The site plan submitted indicates a staggered 4-plex, town home style, to occupy both the lots currently occupied by the duplex and the vacant lot. Parking upgrades will be provided to the rear of the structure accessed from J Street. B. EXISTING CONDITIONS: There are three residential structures on this site, a four-unit apartment building, a six-unit apartment building and a duplex building currently undergoing extensive renovations/demolition. There are single-family residential structures to the east, west, south across I Street and north across J Street. A number of the residential structures in this area contain more than one dwelling unit but the area along I Street appears to be single-family. Mount St. Mary’s School is located further east across Kavanaugh Boulevard and Holy Souls School is located further west across Harrison Street. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several calls from persons expressing concern with the proposed development. All property owners located within 200 feet of the site, all residents, who could be identified, located within 300 feet and the Hillcrest Residence Neighborhood 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. The parking lots should be redesigned for sufficient vehicle maneuvering. December 18, 2008 SUBDIVISION ITEM NO.: B.2 (Cont.) FILE NO.: Z-6883-A 3 E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required with easements. 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. 3/4" is the largest meter size available off the existing 2" water main. Fire Department: 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 dedicated CATA Bus Route #1, Pulaski Height. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Heights/Hillcrest Planning District. The Land Use Plan shows Low Density Residential for this property. The applicant has applied for a rezoning to revise a previously approved Planned Residential Development to allow a new fourplex. A Land Use Plan amendment is a separate item on this agenda (LU08-04-02) a change from Single Family and Low Density Residential to Multi Family. Master Street Plan: Kavanaugh Boulevard 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. I Street is a Local Street. The primary function of a Local Street is to provide access to adjacent properties. Local Streets, which are abutted by non-residential zoning/use or more intensive zoning than duplexes, are considered as “Commercial Streets”. These streets have a design standard the same as a Collector. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. December 18, 2008 SUBDIVISION ITEM NO.: B.2 (Cont.) FILE NO.: Z-6883-A 4 Bicycle Plan: A Class III bike route is shown on Kavanaugh Boulevard. A Class III bikeway is a signed route on a street shared with traffic. No additional paving or right-of-way is required. Class III bicycle route signage may be required. Neighborhood Action Plan: This area is covered by the Hillcrest Neighborhood Plan. The housing goal states: “Recommend the creation of an Overlay District that would require Planned Unit Development (PUD) for reclassification of land use, density, or other infrastructure improvements.” The Hillcrest Design Overlay has been implemented. The Overlay requires the use of a Planned Unit Development for the redevelopment of this property. Landscape: 1. The site plan must comply with the City’s landscape and buffer ordinance requirements. 2. Any/all new parking associated with this project must comply with both the landscape and buffer ordinances. 3. It appears that part of the proposed parking is located within the required buffer area and the required perimeter landscape strip. A minimal strip of six feet nine inches (6’-9”) is required to meet both ordinance requirements. Variances from the Landscape Ordinance requirement must be approved by the City Beautiful Commission prior to the issuance of a building permit. 4. The properties to the east and west are zoned residential; therefore, a six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the eastern and western perimeters of the site. 5. A street buffer averaging six percent of the depth of the entire property is required along I Street. The street buffer required is to average 10.54 feet and in no case less than nine feet. G. SUBDIVISION COMMITTEE COMMENT: (August 28, 2008) Mr. Richard Harp 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 developer provide the necessary elements to allow staff to review the item per the Hillcrest Design Overlay District. Staff requested the grade plane and building coverage be provided. Staff also requested details of any proposed signage, the building height and any proposed fencing. Staff stated site lighting was to be low level and directed downward and into the site and not overspill the adjacent residential properties. December 18, 2008 SUBDIVISION ITEM NO.: B.2 (Cont.) FILE NO.: Z-6883-A 5 Public Works comments were addressed. Staff stated the parking lot should be redesigned to allow sufficient vehicle maneuvering. Staff also stated any broken curb, gutter or sidewalk was to be repaired prior to the issuance of the certification of occupancy. Landscaping comments were addressed. Staff stated any new paving would require the placement of landscaping per the Landscape Ordinance. Staff also stated the property to the east and west were zoned residentially therefore screening was required along these perimeters. 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. Harp provided staff with a revised site plan addressing a number of the issues raised at the August 28, 2008, Subdivision Committee meeting. The revised site plan indicates no signage is proposed with the new development, the grade plane for the new structure is zero and provided the building coverage. The maximum building height proposed is 30-feet. The proposed fencing has not been noted on the site plan. Screening will be provided via a six foot wood fence or dense evergreen plantings to be determined at the time of building permit. The site contains an existing dumpster facility located within the parking lot area. The dumpster is proposed to be relocated from the existing location but will remain within the parking area. The hours of dumpster service have not been limited. Staff recommends the hours of service be limited to daylight hours. The site is proposed containing a total of 14 units. The new construction proposed is the removal of an existing duplex structure and construction of a new building containing four units. The site is located in the Hillcrest Design Overlay District. The typical parking required for a multi-family development containing 14 units would be 21 spaces; the DOD allows a 50% reduction resulting in 10 spaces being required with the minimum established being the maximum allowed. Street parking is also allowed to serve as the required spaces. Along J Street 10 spaces are provided and along I Street 8 spaces are provided. The development contains four garage spaces and 12 on-site spaces for a total of 16 on-site parking spaces. The purpose and intent section of the Hillcrest Design Overlay District states the purpose of the Overlay is to help maintain the built environment in a neighborhood that is rich in history and architectural character and consists of both a vital residential area and a thriving commercial sector. In order to preserve and enhance those qualities, compatible design and scale of buildings, parking areas, signage, landscaping, streetscapes, and street furnishings are required December 18, 2008 SUBDIVISION ITEM NO.: B.2 (Cont.) FILE NO.: Z-6883-A 6 such that the friendly, pedestrian-oriented, "small-town" nature of the neighborhood is continued. Through additional guidelines for buildings, the district intends to prevent incompatible and poorly planned projects from having a negative impact on Hillcrest's unique character and its living and working environment. Such incompatible construction has the potential to destroy the very attributes that have attracted people to the neighborhood since its beginning as Little Rock's first "suburb" in the 1890s, and more recently during its resurgence since the 1960s. The Hillcrest Design Overlay District does not regulate building design or construction materials. The Overlay desires new construction and additions to respect the prevailing styles of the neighborhood. According to the Overlay the compatible design of housing contributes to the richness of the history and architectural character of Hillcrest. The developer has indicated the new construction will match the construction of the four-plex located along I Street both in building design and construction materials. The maximum building height proposed for the new structure is 30-feet. Per the Hillcrest Design Overlay District the building height and ridgeline elevations are to be a maximum of thirty-nine (39) feet or two and one-half (2 1/2) stories, measured from the "grade plane" to the ridgeline 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 buildings as proposed comply with this typical Overlay standard. The Hillcrest Design Overlay District regulates the floor area ratio. The floor area ratio is defined as the total area of all floors of the principal structure as measured to the outside surfaces of the exterior walls and including halls, stairways, elevator shafts, and attached garages divided by the area of the lot. The floor area ratio for the new construction is 0.71 or 3,600/5,086. The floor area ratio for all three buildings is 15,828 square feet of building area and a lot area of 21,936 square feet. For residential structures with one floor, the floor area ration must not exceed 0.37 percent and for residential structures with two floors, the floor area ration must not exceed 0.50 percent. The existing buildings are two story and the new construction is also two story. The floor area ratio as proposed exceeds the typical standards established by the Overlay. Per the Hillcrest Design Overlay District the lot coverage for all structures under roof must not exceed 50 percent. For lots less than 4,500 square feet the maximum lot coverage for all structures must not exceed 60 percent. The total lot coverage of the development is 36.5 percent, a total of 8,007 square feet of building area and a total lot area of 21,936 square feet. The lot coverage as proposed complies with the typical standards established by the Overlay. Staff is not supportive of the request. Although, the site does comply with a number of the typical Overlay standards, with the exception of the floor area ratio December 18, 2008 SUBDIVISION ITEM NO.: B.2 (Cont.) FILE NO.: Z-6883-A 7 requirement, in staff’s opinion the proposed new construction does not meet the purpose and intent section of the Hillcrest Design Overlay. In addition, the area proposed for new construction is located along I Street, which appears from a windshield survey, to be predominately single-family. Staff has a concern with the addition of four units onto this street and the possible impacts. The Overlay does not regulate building design or construction materials. The Overlay does state a desire for new construction and additions to be compatible design with the area to contribute to the richness of the history and architectural character of the neighborhood. In staff’s opinion, the building proposed for construction does not meet this desired intent. Also staff has concerns with the massing of the new construction proposed. In staff’s opinion, the new construction does not appear to be compatible with the existing architecture within the neighborhood. Staff feels the existing density should be maintained with the rehabilitation of the existing duplex structure. I. STAFF RECOMMENDATIONS: Staff recommends denial of the request as filed. PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated September 11, 2008, requesting a deferral of this item to the October 30, 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. The motion carried by a vote of 6 ayes, 0 noes and 5 absent. STAFF UPDATE: The applicant requested on October 15, 2008, this item be deferred to the December 18, 2008, public hearing. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (OCTOBER 30, 2008) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request on October 15, 2008, requesting the item be deferred to the December 18, 2008, public hearing. Staff stated they were supportive of the deferral request. December 18, 2008 SUBDIVISION ITEM NO.: B.2 (Cont.) FILE NO.: Z-6883-A 8 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, 1 absent and 1 open position. STAFF UPDATE: The request has been amended to remove the proposed four-plex for the lots located along I Street and to allow the two lots on I Street to develop with single-family homes. Residential zoning in the area is primarily R-2, Single-family which typically requires a minimum lot size of 7,000 square feet with a minimum lot width for the two lots of 60 feet and a minimum lot depth of 100 feet. The existing lot width is approximately 44 feet and the proposed lot depth is approximately 85 feet for a lot area of 3,740 square feet. The proposal is to allow these lots to remain zoned PD-R for single-family development with a specific development criteria established through the PD-R zoning. The development criteria will closely match the design criteria established by the Hillcrest Design Overlay District as far as front building setback, building height and rear yard setbacks. The floor to area ratio for the new construction will comply with that allowed within the Hillcrest Design Overlay District or a FAR of .37 for a single story structure, .50 for a two story structure and .55 for a 2.5 story structure. The building height of the new structures will comply with the height allowance in the Hillcrest Design Overlay District of 39 feet measured from the grade plane. Accessory building coverage within the 25 foot rear yard setback shall be no more than 40 percent of the rear yard area as defined within the Hillcrest Design Overlay District. The maximum lot coverage for all structures under roof shall not exceed 60 percent. The existing homes located on the street appear to have a front setback of 20 to 25 feet. The lots within the development are proposed with a 20 foot front yard setback, a 25 foot rear yard setback and a side yard setback of 5 feet for a building envelope of 40 feet by 34 feet or 1,360 square feet. Staff is supportive of the request. The revision to the PD-R will remove the previous multi-family aspect of the development from I Street and allow the construction of two new single-family homes on I Street. To allow the development to occur, two lots, which do not meet the typical development criteria of the underlying zoning for the area will be created. Staff feels the lots will have sufficient area for construction of new homes. The new home construction will closely match the development criteria of the Hillcrest Design Overlay District with regard to setbacks, building height, floor area ratio and lot coverage. To staff’s knowledge there are no outstanding issues associated with the request. Staff feels the removal of the multi-family aspect from the development and the construction of two new single-family homes in this area will have a positive impact on the area. December 18, 2008 SUBDIVISION ITEM NO.: B.2 (Cont.) FILE NO.: Z-6883-A 9 Staff recommends approval of the request subject to compliance with the applicable comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. PLANNING COMMISSION ACTION: (DECEMBER 18, 2008) The applicant was not present. There were registered objectors present. Staff requested the item be deferred to the January 8, 2009. public hearing. There was no further discussion of the item. The chair entertained a motion of approval of the item for deferral of the item to the January 8, 2009, public hearing. The motion carried by a vote of 6 ayes, 0 noes, 2 absent and 3 open positions. December 18, 2008 ITEM NO.: C FILE NO.: LU08-29-01 Name: Land Use Plan Amendment - Barrett Planning District Location: The northwest corner of Morgan Cemetery Road and Highway 10 Request: Transition to Mixed Office Commercial Source: Tim Daters, White-Daters PROPOSAL / REQUEST: The applicant has requested this item be deferred to the October 30, 2008 agenda. Staff is supportive of this request. PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008) This item was placed on the consent agenda for deferral to the October 30, 2008 hearing at the request of the applicant. By a vote of 6 for and 0 against the consent agenda was approved. STAFF UPDATE: The applicant has requested this item be deferred to the December 18, 2008 agenda. Staff if supportive of this request. PLANNING COMMISSION ACTION: (OCTOBER 30, 2008) The applicant requested this item be deferred to the December 18, 2008 hearing. The item was placed on the consent agenda for Deferral. By a vote of 9 for and 0 against the consent agenda was approved. STAFF UPDATE: Staff has had no contact with the applicant concerning this request since the previous public hearing. Staff recommends this item be withdrawn from consideration without prejudice. PLANNING COMMISSION ACTION: (DECEMBER 18, 2008) The item was placed on consent agenda for withdrawal. By a vote of 6 for, 0 against and 3 vacancies the consent agenda was approved. December 18, 2008 ITEM NO.: C.1 FILE NO.: Z-7948-B NAME: Morgan Lot 2 Short-form POD LOCATION: Located on the Northwest corner of Cantrell Road and Morgan Cemetery Road DEVELOPER: Lasiter Family Limited Partnership C/o Ranch Properties, Inc. 900 South Shackleford Road Little Rock, AR 72211 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 2.2 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family ALLOWED USES: Single-family Residential PROPOSED ZONING: POD PROPOSED USE: Mixed use development containing O-3, General Office District uses and C-3, General Commercial District uses VARIANCES/WAIVERS REQUESTED: None requested. The applicant submitted a request dated September 8, 2008, requesting a deferral of this item to the October 30, 2008, public hearing. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated September 8, December 18, 2008 SUBDIVISION ITEM NO.: C.1 (Cont.) FILE NO.: Z-7948-B 2 2008, requesting a deferral of this item to the October 30, 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. The motion carried by a vote of 6 ayes, 0 noes and 5 absent. STAFF UPDATE: The applicant has not provided staff with a revised site plan addressing the issues raised at the August 28, 2008, Subdivision Committee meeting. Staff recommends this item be deferred to the December 18, 2008, public hearing. PLANNING COMMISSION ACTION: (OCTOBER 30, 2008) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had not provided staff with the revised site plan addressing issues raised at the August 28, 2008, Subdivision Committee meeting. Staff presented a recommendation of deferral of the item to the December 18, 2008, public hearing. There was no further discussion of the item. The chair entertained a motion for placement of the item on the Consent Agenda for deferral as recommended by staff. The motion carried by a vote of 6 ayes, 4 noes, 0 absent and 1 open position. STAFF UPDATE: Staff has had no contact with the applicant concerning this request since the previous public hearing. Staff recommends this item be withdrawn from consideration without prejudice. PLANNING COMMISSION ACTION: (DECEMBER 18, 2008) The applicant was present. There were no registered objectors present. Staff presented the item stating they had had no contact with the applicant concerning the request since the previous public hearing. Staff presented a recommendation of withdrawal of the item from consideration without prejudice. December 18, 2008 SUBDIVISION ITEM NO.: C.1 (Cont.) FILE NO.: Z-7948-B 3 There was no further discussion of the item. The chair entertained a motion of approval of the item as recommended by staff. The motion carried by a vote of 6 ayes, 0 noes, 2 absent and 3 open positions. December 18, 2008 ITEM NO.: D FILE NO.: S-1622 NAME: Skyhawk Circle Preliminary Plat LOCATION: Located at 4500 Skyhawk Circle DEVELOPER: Rebekah Price 4500 Skyhawk Circle Little Rock, AR ENGINEER: White Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 6.78 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: PD-C – Current request to revoke the zoning and restore R-2, Single-family PLANNING DISTRICT: 19 - Chenal CENSUS TRACT: 42.11 VARIANCES/WAIVERS REQUESTED: A variance to allow the creation of lots utilizing private streets, Section 31-231. The applicant requested on October 13, 2008, this item be deferred to the December 18, 2008, public hearing. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (OCTOBER 30, 2008) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request on October 15, 2008, requesting the item be deferred to the December 13, 2008, public hearing. Staff stated they were supportive of the deferral request. December 18, 2008 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: S-1622 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, 1 absent and 1 open position. STAFF UPDATE: The applicant contacted staff on December 3, 2008, requesting a deferral of this item to the February 5, 2009, public hearing. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (DECEMBER 18, 2008) The applicant was not present. Staff presented the item stating the applicant had contacted them on December 3, 2008, requesting a deferral of the item to the February 5, 2009, public hearing. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The chair entertained a motion of approval of the item as recommended by staff. The motion carried by a vote of 6 ayes, 0 noes, 2 absent and 3 open positions. December 18, 2008 ITEM NO.: E FILE NO.: Z-8401 NAME: Ensminger Short-form PD-R LOCATION: Located on the Southeast corner of Grandview Avenue and Pierce Street DEVELOPER: Margaret Hill Ensminger 2910 Fillmore Street Little Rock, AR 72207 SURVEYOR: Donald Brooks Surveying 20820 Arch Street Pike Hensley, AR 72036 AREA: 0.28 acres NUMBER OF LOTS: 2 FT. NEW STREET: 0 LF CURRENT ZONING: R-3, Single-family ALLOWED USES: Single-family residential PROPOSED ZONING: PD-R PROPOSED USE: Single-family residential VARIANCES/WAIVERS REQUESTED: None requested. The applicant failed to respond to comment raised at the October 9, 2008, Subdivision Committee meeting. Staff recommends the item be deferred to the December 18, 2008, public hearing. PLANNING COMMISSION ACTION: (OCTOBER 30, 2008) The applicant was not present. There were no registered objectors present. Staff stated the applicant had failed to respond to comment raised at the October 9, 2008, Subdivision Committee meeting. Staff presented a recommendation of deferral of the item to the December 18, 2008, public hearing. December 18, 2008 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: Z-8401 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, 1 absent and 1 open position. STAFF UPDATE: Staff has had no contact with the applicant concerning this request since the previous public hearing. Staff recommends this item be withdrawn from consideration without prejudice. PLANNING COMMISSION ACTION: (DECEMBER 18, 2008) The applicant was not present. There were no registered objectors present. Staff presented the item stating they had had no contact with the applicant concerning the request since the previous public hearing. Staff presented a recommendation of withdrawal of the item from consideration without prejudice. There was no further discussion of the item. The chair entertained a motion of approval of the item as recommended by staff. The motion carried by a vote of 6 ayes, 0 noes, 2 absent and 3 open positions. December 18, 2008 ITEM NO.: F FILE NO.: Z-8397-A NAME: Aloft Hotels Short-form PCD LOCATION: Located at 421 President Clinton Avenue DEVELOPER: McKibbon Hotel Group, Inc. 402 Washington Street, Suite 200 Gainesville, GA 30503 SURVEYOR: White Daters and Associates 24 Rahling Circle Little Rock, AR 72223 ARCHITECT: AMR Architects, Inc. 201 East Markham Street, Suite 150 Little Rock, AR 72201 AREA: 0.4358 acres NUMBER OF LOTS: 1 Zoning Lot FT. NEW STREET: 0 LF CURRENT ZONING: UU, Urban Use District ALLOWED USES: Residential, Office, Commercial – All indoor PROPOSED ZONING: PCD PROPOSED USE: Mixed Use including Retail and a Hotel VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: On October 27, 2008, the Little Rock Zoning Board of Adjustment was to hear a request for specific variance requests to allow for future development of an aloft hotel on this site. The applicant requested the item be withdrawn from consideration prior to the public hearing. December 18, 2008 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: Z-8397-A 2 APPLICANT’S STATMENT: Pursuant to Ordinance No. 18,961 the River Market District was established for the express purpose of creating a location for business, cultural, residential and entertainment activities. With its eclectic mixture of old and new structures, the River Market District houses various retailers, restaurants, bars, clubs, loft apartments, offices and condominiums. The district is home to the Little Rock City Library, the Clinton Library, Heifer International Headquarters, the Statehouse Convention Center and various hotels, including the Courtyard by Marriott, the Capitol Hotel and the Peabody. The proposed development of an aloft hotel fits squarely with the land use goals of the River Market District and would certainly be harmonious with the character of the neighborhood. Currently, the property located at the corner of Commerce Street and President Clinton Avenue is used as a surface parking lot. The proposed use of the property as a hotel, with some retail use, are uses which are sought and encouraged by the ordinance establishing the River Market Overlay District. Since several types of retail use will be present on the property the developer is requesting an application for a Planned Commercial Development, (“PCD”) to accommodate the multiple uses. In connection with the PCD application, some variances are requested. While some variances are necessary to achieve the purposes and intent of the development, such variances have been anticipated considering the styles and uses found within the River Market District borders. An aloft hotel would further the intent upon which the district was established. The River Market District is an amalgamation of architectural styles from small simple one story structures, to renovated four story loft buildings, to multi-story structures, all ranging from classical designs to those with modern architecture. Many buildings located within the district currently exceed the forty eight (48) foot height limit in the area and still blend in with the surrounding structures; including the City Library at sixty five (65) feet high, the First Security Center at approximately one hundred seventy (170) feet high, the River Market Hall and the Museum Center. At approximately ninety (90) feet tall (a building height of seventy eight (78) feet, with an architectural feature of twelve (12) feet on the top of the building), the proposed development is not a relatively tall building being half of the size of the nearby First Security Center and considerably smaller than other condominium towers and the Acxion Center. We believe the proposed development will be compatible with the surrounding River Market District area. The hotel’s “L” shaped configuration will give space and natural light to the adjacent library buildings and open new pedestrian ways adjacent to these structures, which will in turn encourage a festive and pedestrian atmosphere for which the district was established. December 18, 2008 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: Z-8397-A 3 The development of an aloft hotel will add one hundred thirty six (136) new hotel rooms and additional meeting space to the City and bring a nationally recognized brand, Starwood Hotels and Resorts, to the Little Rock market. Along with the two existing hotels in the immediate vicinity, the Courtyard by Marriott and the Hampton Inn and Suites, the aloft hotel will increase the number of available rooms to over three hundred eighty (380) rooms making Little Rock more attractive to major conventions and events. Such visitors and conventioneers will shop and dine in the district, thereby enhancing the already desirable environment in the River Market District. Further, the aloft hotel is oriented toward a younger market bringing a different lodging product and option to the market, marking the River market desirable to even more people. An aloft hotel, with its orientation toward a younger clientele, can bring new life and energy to this area on a daily basis. The proposed development would create a quality property benefiting the River Market District by bringing a $20 million construction project to the area that will create new jobs in the area. In addition, the property taxes would increase from approximately $1,452 per year to approximately $280,000 per year benefiting the district and all of Little Rock. The proposed development will also contain retail space on the first floor, providing patrons greater shopping and dining options in the area. McKibbon Hotel Group, Inc. has developed and operated other hotels in the area including the Courtyard by Marriot and the Hampton Inn and Suites. During the development of their other properties, McKibbon has worked actively with the City during the design and construction phases and is committed to containing this practice for the proposed development. Their developments have encouraged visitors to lodge in the River Market, thereby increasing the number of visitors who dine and shop in the district. The proposed development aims at creating an innovative option for patrons of the district and increasing the overall use of the area. During the planning and development process for this hotel, McKibbon has worked with property owners in the vicinity of the planned development to gather input and ideas on how to make the aloft hotel a welcome addition to the River Market area. The project as presented reflects a collaborative effort to bring even more vitality to this part of Little Rock. A. PROPOSAL/REQUEST: The request is a rezoning from the current UU, Urban Use District to Planned Commercial Development, PCD to allow the construction of a new seven (7) story building containing retail and a hotel on this 0.44 acre site. The hotel is proposed with a zero setback along the abutting streets. The maximum building height proposed is 90 feet. The building will be seven stories facing President Clinton Avenue and Commerce Street stepping down to five stories and then three stories adjacent to the alley separating the development and the Cox December 18, 2008 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: Z-8397-A 4 Center. A single story structure is located on the interior of the site adjacent to the Cox Center and the Budget Office building. The site plan includes a 136 room hotel with the ground floor fronting President Clinton Avenue dedicated to retail. The retail will turn the corner onto Commerce Street connecting to the hotel lobby. The request includes variances from the typical standards established in the River Market Design Overlay District. These variances include signage, building height, landscaping, projections over and into the right of way and curb cuts. The development is proposed with parapet signs, wall signs, projecting signs, and awnings. Each of the signs may require more than one variance from the standards established in the River Market DOD. Each of the variances has been identified in the Analysis section of this report. B. EXISTING CONDITIONS: The site is a surface parking lot with a small police substation located on the corner of President Clinton Avenue and Commerce Street. The area is the River Market entertainment district with the River Market Hall and Museum Center located to the north. South and west of the site are buildings owned and occupied by the Central Arkansas Library System. There is a parking garage located to the southeast of the site and a restaurant located to the east. The remainder of the area contains office, residential, commercial including restaurants, bars and hotels. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational inquires concerning the proposed development. All property owners located within 200 feet of the site, all residents, who could be identified, located within 300 feet, the Downtown Neighborhood Association and the River Market Neighborhood 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. Sidewalks per the River Market Design Overlay District with appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. December 18, 2008 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: Z-8397-A 5 E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Capacity contribution analysis required, contact LRWW for details. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW's Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. Fire sprinkler systems which do not contain additives such as antifreeze shall be isolated with a double detector check valve assembly. If additives are used, a reduced pressure zone backflow preventer shall be required. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. The site is located on the Trolley Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Downtown Planning District. The Land Use Plan shows Mixed Use Urban for this property. The applicant has applied for a rezoning for a Planned Commercial Development. December 18, 2008 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: Z-8397-A 6 The request does not require a change to the Land Use Plan. Master Street Plan: President Clinton and Commerce Streets are both shown as Local Streets. The primary function of a Local Street is to provide access to adjacent properties. Local Streets which are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. These streets have a design standard the same as a Collector. Bicycle Plan: A Class III bike route is shown along Commerce 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 located within an area not covered by a recognized City of Little Neighborhood Action Plan but is part of the Downtown Little Rock Framework for the Future plan. Landscape: The site is located within the River Market Design Overlay District which has established standards for the type and placement of street trees, including design of sidewalks and tree grates. G. SUBDIVISION COMMITTEE COMMENT: (October 23, 2008) Mr. Rick Redden of AMR Architects was present representing the request. Staff presented an overview of the development stating the site was located within the River Market area of the City and was proposed for future development as a mixed use development including a multi-story hotel. Staff stated the site was zoned UU, Urban Use District and was located within the River Market Design Overlay District. Staff stated the DOD established a number of development criteria including building heights, design standards for signage and typical landscaping requirements. Staff stated the design as proposed exceeded a number of the typical development criteria established in the Overlay. Planning staff comments were addressed. Staff requested a ground floor footprint to identify the areas proposed for commercial activity. Public Works comments were identified noting the comments were related to the future development of the site including repair or replace any curb and gutter or sidewalk that was damaged in the public right-of-way prior to occupancy. Staff also stated sidewalks per the DOD with appropriate handicap ramps were required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. December 18, 2008 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: Z-8397-A 7 Landscaping comments were addressed. Staff stated the developers were requesting a variation from the typical standard for street trees along Commerce Street. Mr. Redden stated there were three trees on Commerce Street. He stated the southern-most tree would be removed and an additional tree would be installed to the south nearer the alley. He stated, based on the location of the pull-off and the trolley poles, the required number of trees could not be achieved. Staff stated the tree spacing in this area was approximately 97 feet as opposed to the typical 30 feet on center. H. ANALYSIS: The applicant submitted the requested additional information to staff from issues raised at the October 23, 2008, Subdivision Committee meeting. A floor plan for the first floor of the structure has been provided to identify the proposed retail areas. The request is a rezoning request from UU to PCD to allow the construction of a 136 room aloft hotel. There are variances from the typical standards of the River Market Design Overlay District. The items identified with variances are the building height, exterior skin of the building, signage, projections within and over the right of way and street trees. The proposed building is a seven-story hotel (136 beds) with the hotel entrance located on Commerce Street. Retail will face President Clinton Avenue and Commerce Street abutting the hotel lobby. Sec. 36-356. Building form. (a) Materials. (1) Historic materials or distinctive architectural features shall not be removed or hidden. (2) The type of materials and their color, texture, scale and detailing shall be compatible with those of buildings on adjacent sites. (3) Surface cleaning of historic structures shall be done with the gentlest possible method. Physical or chemical treatments, such as sandblasting or high pressure water cleaning, that cause damage to historic material shall be prohibited. (b) Roof types. Building roofs shall relate to the overall size, shape, color and texture of roofs of buildings within the district. (c) Openings. (1) Historical upper facade windows shall retain original dimensions and details. (2) Historical storefront configuration shall not be altered. (3) New construction shall have a pattern of windows and doors that resemble similar patterns on facades of adjacent buildings. (4) Primary entrances shall be parallel with the street. (d) Style and form. (1) New construction shall not exceed four (4) stories in height or a total height of forty-eight (48) feet. (2) Buildings shall maintain the distinction between upper and lower levels. (3) Historical context of buildings shall be restored to original designs. (e) Mass. (1) New construction wider than the typical building width shall be visually massed to appear similar to buildings on adjacent sites. (2) The primary facade of a building shall be oriented parallel with the street. The exterior of the building will be primarily brick, glass, black aluminum composite panels and possibly cast stone. The brick will encompass the main December 18, 2008 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: Z-8397-A 8 body of the building with the black aluminum composite panels and white cast stone accents on the corner of the building at Commerce Street and President Clinton Avenue. The brick will be two colors with a darker color of brick to break up the facade of the structure and to acknowledge the height of the adjacent Cox Center and the old Budget Office Center building. The ordinance states new construction wider than the typical building width shall be visually massed to appear similar to buildings on adjacent sites. The hotel construction is wider than the typical building width on adjacent lots, but with the differing building materials, it appears to be visually broken into smaller units. The first floor will be metal and glass contemporary storefront windows and doors. Retail space will face President Clinton Avenue and will turn the corner on Commerce Street to abut the hotel lobby. The main entrance to the hotel is on Commerce Street. Horizontal accent lights of blue and gold are located between the second and third floors, the fourth and fifth floors and the sixth and seventh floors. The horizontal accent lighting does not illuminate signage and is simply decorative lighting on the building. The first floor will be built at the north property line to continue the line of the Arkansas Studies Institute and the adjacent historic buildings along President Clinton Avenue. While the first floor façade will be at the north property line, the second floor and above will be set back from the property line two feet two inches (2’-2”). The Commerce Street façade will set back in a similar fashion. The west side of the building on President Clinton Avenue will be notched and lowered to five floors and the south side of the building on Commerce Street will be notched with two steps in height resulting in a three story and a five story building height to reflect the similar heights of the existing buildings next door (the old Budget Office building and the Cox Center). There will be flagpoles mounted on the east side of the building roughly on the third floor. Flagpoles are not covered in the DOD, but will require franchises, since they will be located in the public right-of-way. There are multiple signs on the building. They are as listed: parapet sign facing east on Commerce Street, parapet sign facing north on President Clinton Avenue, projecting sign on entrance awning on Commerce Street, projecting sign on north façade on President Clinton Avenue, bar sign on Commerce Street and wall sign facing west on alley. Each sign will be described and then followed by the variances that it will require. (The text of the ordinance is in italics.) The parapet sign facing east on Commerce Street has the text “aloft” and “w hotel” below. The lettering height is 7’-10” tall for “aloft” and 3’-9” tall for “w hotel”. The sign measures 21’-6” wide for the “aloft” text and 16’-0” wide for the December 18, 2008 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: Z-8397-A 9 “w hotels” text. The sign is mounted above the seventh floor of the building on an architectural element. The square footage of the sign will be approximately 168 square feet for the “aloft” and 60 square feet for the “w hotel”. The signs will be internally illuminated. Sec. 36-353 (a) (2) f “Internally illuminated signs are prohibited.” Sec. 36-353 (c) (1) a “Except as permitted in subsection (b), the maximum sign height on a building shall not extend above the second floor windowsill or above the overhang of a single story building”. Sec. 36-353 (c) (2) “Signs shall not exceed one quarter (1/4) of a square foot of sign area for each linear foot of primary street building frontage, not exceeding twenty- five (25) square feet per sign.” Sec. 36-353 (c) (3) a “Letters shall not exceed one and one-half (1 1/2) feet in height.” Sec. 36-353 (c) (3) b “Letters shall not exceed three-quarters (3/4) of the height of the sign.” Sec. 36-353 (c) (3) c “Letters shall not exceed sixty (60) percent of the total area of the sign.” The parapet sign facing north on President Clinton Avenue has the text “aloft”. The lettering height is 7’-10” tall and measures 21’-6” wide. The sign is mounted above the seventh floor of the building on an architectural element. The square footage of the sign is approximately 168 square feet. The sign will be internally illuminated. Sec. 36-353 (a) (2) f “Internally illuminated signs are prohibited.” Sec. 36-353 (c) (1) a “Except as permitted in subsection (b), the maximum sign height on a building shall not extend above the second floor windowsill or above the overhang of a single story building”. Sec. 36-353 (c) (2) “Signs shall not exceed one quarter (1/4) of a square foot of sign area for each linear foot of primary street building frontage, not exceeding twenty- five (25) square feet per sign.” Sec. 36-353 (c) (3) a “Letters shall not exceed one and one-half (1 1/2) feet in height.” Sec. 36-353 (c) (3) b “Letters shall not exceed three-quarters (3/4) of the height of the sign.” Sec. 36-353 (c) (3) c “Letters shall not exceed sixty (60) percent of the total area of the sign.” December 18, 2008 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: Z-8397-A 10 A wall sign on the east façade (Commerce Street) of the building on the first floor to advertise the hotel bar is indicated. The text is “W XYZ” and the letters are 12”. The sign is mounted below the second floor windowsill. The sign measures 16’-0” by 2’-2” tall for approximately 35 square feet. The sign is internally illuminated. Sec. 36-353 (a) (2) f “Internally illuminated signs are prohibited.” Sec. 36-353 (c) (2) “Signs shall not exceed one quarter (1/4) of a square foot of sign area for each linear foot of primary street building frontage, not exceeding twenty- five (25) square feet per sign.” Sec. 36-353 (c) (3) b “Letters shall not exceed three-quarters (3/4) of the height of the sign.” Sec. 36-353 (c) (3) c “Letters shall not exceed sixty (60) percent of the total area of the sign.” A wall sign facing west on the alley is indicated. The text “aloft” and “w hotel” underneath is proposed. The “L” in aloft is 4’ tall and the entire lettering is 15’ wide. The lettering height of “w hotels” is 9” and the length is 6’. The sign is mounted on the seventh floor of the building. The sign square footage is a 60 square feet for the “aloft” text and 4.5 square feet for the “w hotels” text. The sign will be internally illuminated. Sec. 36-353 (a) (1) c “Wall signs shall be confined to the flat surface of the building and shall not project more than five (5) inches from the building façade.” Sec. 36-353 (a) (1) h “All signs must face public street right-of-way except those permitted on facades facing the Arkansas River.” Sec. 36-353 (a) (2) f “Internally illuminated signs are prohibited.” Sec. 36-353 (c) (1) a “Except as permitted in subsection (b), the maximum sign height on a building shall not extend above the second floor windowsill or above the overhang of a single story building”. Sec. 36-353 (c) (2) “Signs shall not exceed one quarter (1/4) of a square foot of sign area for each linear foot of primary street building frontage, not exceeding twenty- five (25) square feet per sign.” Sec. 36-353 (c) (3) a “Letters shall not exceed one and one-half (1 1/2) feet in height.” Sec. 36-353 (c) (3) b December 18, 2008 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: Z-8397-A 11 “Letters shall not exceed three-quarters (3/4) of the height of the sign.” Sec. 36-353 (c) (3) c “Letters shall not exceed sixty (60) percent of the total area of the sign.” On President Clinton Avenue there will be a projecting sign on the north façade of the building. The text will read “aloft “ and “w hotel”. The lettering is a maximum of 18 inches tall. The sign is mounted on the building above the fourth floor windowsill. The sign is 6’-5” wide by 4’-6” tall or 29 square feet. The sign is internally illuminated. The sign will be extend 6’-5” from the face of the building. The sign is 18” thick. Sec. 36-353 (e) (1) b “Height of projecting signs shall not extend past the sill of the second story windows.” Sec. 36-353 (e) (1) c “Projecting signs shall extend a maximum of three (3) feet from the face of the building.” Sec. 36-353 (e) (2) a “Projecting signs shall have a maximum of twelve (12) square feet of sign face per sign.” Sec. 36-353 (e) (2) b “Thickness of projecting signs shall be limited to five (5) inches.” Sec. 36-353 (e) (4) a “Internally lit signs are prohibited. When projecting signs are externally lit, they shall be illuminated from a concealed source of light or a decorative source that is integral to the design of the sign.” On Commerce Street a projecting sign mounted on the hotel entrance awning is proposed. The text “aloft “ and “w hotel” are indicated. The letters are a maximum of 18 inches tall. The sign is mounted on the awning at the street edge. This will equate to being above the second floor windowsill. The sign is 6’-5” wide by 4’-6” tall or 29 square feet. The sign is internally illuminated. The sign will extend 5’-5” from the face of the building. The projecting sign is 18” thick. Sec. 36-353 (e) (1) b “Height of projecting signs shall not extend past the sill of the second story windows.” Sec. 36-353 (e) (1) c “Projecting signs shall extend a maximum of three (3) feet from the face of the building.” Sec. 36-353 (e) (2) a “Projecting signs shall have a maximum of twelve (12) square feet of sign face per sign.” December 18, 2008 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: Z-8397-A 12 Sec. 36-353 (e) (2) b “Thickness of projecting signs shall be limited to five (5) inches.” Sec. 36-353 (e) (4) a “Internally lit signs are prohibited. When projecting signs are externally lit, they shall be illuminated from a concealed source of light or a decorative source that is integral to the design of the sign.” There are five (5) signs proposed, two on the parapet, two projecting and one on the west wall. Sec. 36- (3) (c) b. “Signs shall not number more than three per business.” The height of the building is 78 feet with an architectural element 12 feet for a total of 90 feet. The architectural element, a steel canopy covering the roof, resembles a swoof or wave. Sec. 36-356 (d) (1) “New construction shall not exceed four (4) stories in height or a total height of forty-eight (48) feet.” The awnings over the retail space on President Clinton Avenue project 7’ from the building facade with a clearance of 8’ from the sidewalk. The UU Zoning District standard allows an 8’ clearance from the sidewalk. The River Market DOD requires 9’ clearance. Sec 36-356 (f) (2) “Awnings shall not project more than five (5) feet from the building façade and have a minimum clearance of nine (9) feet above the sidewalk.” The awning over the entrance to the hotel located on Commerce Street will project 12’ from the building façade with a clearance of 9’ from the sidewalk. Sec 36-356 (f) (2) “Awnings shall not project more than five (5) feet from the building façade and have a minimum clearance of nine (9) feet above the sidewalk.” There are three existing street trees on Commerce Street abutting the site. Two of the trees will be removed and a new tree will be installed near the alley resulting in two (2) trees along Commerce Street. Installation will conform to the DOD. The spacing of the trees is approximately 97 feet. December 18, 2008 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: Z-8397-A 13 Sec 36-358 (c) (1) “Trees shall be thirty (30) feet on center and two (2) feet off back of curb.” A vehicle drop-off for the hotel entrance on Commerce Street is indicated. The sidewalk will remain intact with additional paving added to each end of the drop off to create bulbs. The drop off will be created within the existing right of way and is eight (8) feet wide. The bulbs will define the vehicle arrival/drop off/taxi loading area. Section 36-361 (a) (2) states “Existing curb cuts on President Clinton Avenue, Commerce, Sherman and Rock Streets shall be removed or minimized to reduce conflict with pedestrian traffic.” The curb cut will be modified from a parking lot entrance to a drop off for the hotel. (No variance is required.) All streetscape items such as sidewalks, street trees, benches, curbs, planting strips, tree grates, etc., must be replaced or repaired per the DOD upon the completion of construction. Doors for the retail spaces along President Clinton Avenue require a variance to permit swinging into the right-of-way. Sec 36-342.1 (c) (7) Urban Use District “Buildings must be oriented to the street. The primary entrance of the building shall be at street level on the street at the sidewalk. Entrances shall be designed so that the door will not swing beyond the property line.” While the generic term River Market area covers an area extending south and west of this site, the River Market DOD covers only the area bounded by Cumberland Street, Second Street, roughly I-30 and the Riverfront Park. The area encompassed by the River Market Design Overlay District has a variety of building heights ranging from the one story buildings in the 500 Block of President Clinton Avenue (Sticky Fingerz) to the multi-storied Fones Warehouse building that is now the main branch of the Central Arkansas Library System. Two new structures have been built in the Overlay District which have required height variances, First Security Building constructed to fourteen stories and the River Market parking deck constructed to seven stories. Staff is continuing to review the proposed request with regard to the overall development plan and the proposed variances from the typical standards of the River Market Design Overlay District. I. STAFF RECOMMENDATIONS: Staff recommendation is forthcoming. December 18, 2008 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: Z-8397-A 14 PLANNING COMMISSION ACTION: (NOVEMBER 13, 2008) The applicant was not present. There were registered objectors present. Staff presented the item stating the applicant had submitted a request on November 13, 2008, requesting the item be deferred to the December 18, 2008, public hearing. Staff stated the deferral request would require a waiver of the Commission’s By-laws with regard to the late deferral request. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The chair entertained a motion of waiver of the Commission’s By-laws with regard to the late withdrawal request. The motion carried by a vote of 6 ayes, 1 no, 2 absent and 2 open positions. 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 7 ayes, 0 noes, 2 absent and 2 open position. STAFF UPDATE: Staff is continuing to review the request and will provide a recommendation at the December 18, 2008, public hearing. PLANNING COMMISSION ACTION: (DECEMBER 18, 2008) The applicant was not present. Staff presented the item stating the applicant had contacted them on December 12, 2008, requesting this item be deferred to the January 8, 2009, public hearing. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The chair entertained a motion of approval of the item as recommended by staff. The motion carried by a vote of 6 ayes, 0 noes, 2 absent and 3 open positions. December 18, 2008 ITEM NO.: G FILE NO.: Z-5646-A NAME: West Little Rock Elementary School – Conditional Use Permit LOCATION: SW corner of Cantrell Road (Hwy. 10) and West Taylor Loop Road OWNER/APPLICANT: Little Rock School District PROPOSAL: To modify one condition imposed by the Planning Commission related to construction of a traffic signal. On July 19, 2007, the Planning Commission approved a conditional use permit to allow the Little Rock School District to construct a new elementary – middle school on this R-2 zoned property. A copy of the Commission’s previous action is attached for reference. Since the date of the Commission’s approval, the school district has determined the school will be Pre-K/Elementary only. The building footprint has been reduced from 200,000 square feet to 103,533 square feet. Building area has been reduced from 300,000 square feet to 158,000 square feet. The bus drive on the east side of the school has been modified to provide additional stacking and to allow the building to be moved further away from the residential properties abutting the west side of the school site. The Pre-K parent drop-off drive has been moved to the southwest area of the site and changed to a parking lot due to LRSD policy. This also should decrease street congestion by providing parking for parents of Pre-K children. The properties at the northwest corner of Taylor Loop Road and Forest Lane have been purchased by the District and are now incorporated into the site plan. Most of the new area will be lawn but a small portion of the parent/staff parking and drop-off driveway is located in this new area. At the time the Commission was considering the initial C.U.P., the District commissioned a traffic study. One recommendation of the study was that a traffic signal be installed at the intersection of Cantrell Road and West Taylor Loop Road. The applicant offered to install the signal prior to construction starting on the site. Consequently, one of the conditions imposed by the Commission when the C.U.P. was approved was that the traffic signal be installed prior to construction beginning on the site. The State Highway and Transportation Department will not allow the signal to be constructed until the school is within weeks of opening. Consequently, the condition imposed by the Planning Commission cannot be complied with. The December 18, 2008 SUBDIVISION ITEM NO.: G (Cont.) FILE NO.: Z-5646-A 2 City’s Traffic Engineer has been coordinating with AHTD and the applicant. Based on AHTD requirements, the City has instructed the Project Engineer to schedule completion of the traffic signal where it can be put into flash two weeks before opening of the school and then made operational one week before the scheduled opening. In so much as this is an issue that the City has no direct authority over, since Cantrell Road is a State Highway, Staff believes it is appropriate to remove the previously imposed condition and to require installation of the traffic signal per AHTD requirements. All other previously approved conditions of the C.U.P. will remain. STAFF RECOMMENDATION: Staff recommends that the previously imposed condition requiring the construction of the traffic signal prior to construction beginning on the site be removed. Staff recommends that the traffic signal at Cantrell Road and West Taylor Loop Road be installed as per AHTD requirements and as coordinated by the City’s Traffic Engineer. PLANNING COMMISSION ACTION: (DECEMBER 18, 2008) The Applicants were present. There were no objectors present. Staff presented the item and a modified recommendation as follows: “Staff recommends that the previously imposed condition requiring the construction of the traffic signal prior to construction beginning on the site be removed. Staff recommends that the traffic signal at Cantrell Road and West Taylor Loop Road be installed as per AHTD requirements and as coordinated by the City’s Traffic Engineer. Staff also recommends that the applicant and the City pursue through AHTD the installation of a temporary traffic signal to be erected prior to construction and, in the event AHTD approval cannot be obtained, that the applicant work with the City Public Works Department and Traffic Engineer to address construction traffic safety issues.” Gene Pfeifer, of 16300 Cantrell Road, addressed the Commission. He stated the neighbors had raised concerns about the safety of the intersection and construction traffic in 2007. He stated the LRSD agreed to install the signal prior to construction beginning and the Commission had made that a condition of approval of the conditional use permit. Mr. Pfeifer stated the State would not December 18, 2008 SUBDIVISION ITEM NO.: G (Cont.) FILE NO.: Z-5646-A 3 allow the signal to be installed prior to construction and he understood the City could not force the State to do so. Mr. Pfeifer stated he hoped the Mayor and City Board would be able to bring pressure on AHTD to get the signal up. He stated he was not opposed to the school and thought the added language in the “staff recommendation” was the best that could be hoped for. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff. The vote was 6 ayes, 0 noes, 2 absent and 3 open positions. PREVIOUS ACTIONS FOR ITEM ON JULY 19, 2007 ITEM NO.: 3 FILE NO.: Z-5646-A NAME: Little Rock School District New West Little Rock School – Conditional Use Permit LOCATION: SW corner of Cantrell Road and West Taylor Loop Road OWNER/APPLICANT: Various Owners/Little Rock School District PROPOSAL: A conditional use permit is requested to allow for construction of a new public school on this R-2 zoned 18.7± acre tract. 1. SITE LOCATION: The site is located at the southwest corner of Cantrell Road and the west leg of Taylor Loop Road. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located on the south side of an arterial street in an area that contains residential and office uses. Undeveloped residential property and a few single-family houses are located across Cantrell Road. A church is located across Forest Lane to the south. The properties across Taylor Loop are primarily occupied by single-family homes. A single-family subdivision and several office uses are adjacent to the west. A large portion of this tract is actually shown as Transition on the City’s Land Use Plan, which envisions the potential of office or institutional type development. With attention to adequately screening the nearby residences and addressing the issues related to traffic, the proposed use could be compatible with the neighborhood. All owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and The Johnson Ranch, Westchester/Heatherbrae, Pinnacle Valley, Tulley Cove and Chevaux Court Neighborhood Associations were notified of this request. The school district hosted a public meeting on June 25, 2007 at the public library on Rahling Circle for any interested parties. Approximately 50 persons attended. 3. ON SITE DRIVES AND PARKING: At full build-out, the proposed school is to have a maximum enrollment of approximately 1,335 students. The approximate numbers of classrooms by grade and the required parking are as follow: July 19, 2007 ITEM NO.: 3 (Cont.) FILE NO.: Z-5646-A 2 GRADE # OF CLASSROOMS REQUIRED PARKING Pre-kindergarten 6 (20 children each) 12 Kindergarten 6 (20 children each) 12 Elementary 25 25 Middle School 12 12 Total Employees 110 110 TOTAL 171 The proposed site plan indicates a dedicated bus drive on the east side of the school, off of Taylor Loop Road. The drive extends the length of the school and is two lanes wide. The parking lot and private vehicle drop-off lanes take access off of Forest Lane, south of the school. The parking lot contains 169 spaces. A dedicated pre-K drop-off driveway is located off of the parking lot. A separate two-lane wide drop-off is located off of Forest Lane, adjacent to the parking lot. The applicant has indicated discussions are taking place with the church located to the south which would allow the church to use some of the school’s parking on Sundays and which would allow the school use of the church’s spaces during the week as needed for overflow. The proposed parking and drop-offs appear adequate for the estimated numbers of classrooms and employees. 4. SCREENING AND BUFFERS: Site plan must comply with the City’s minimal landscape and buffer ordinance requirements. The Highway 10 Overlay District requires a minimum of twenty-five foot of green space around the sites entirety. Berming is encouraged along Highway 10. Landscaping is required per the Highway Overlay District standards in addition to the landscape ordinance requirements per the zoning and landscaping code. Interior Islands are to be evenly distributed on the site. The zoning buffer ordinance requires a twenty-six (26’) foot wide land use buffer along the western perimeter of the site next to the residentially zoned property. Seventy percent (70%) of this buffer is to remain July 19, 2007 ITEM NO.: 3 (Cont.) FILE NO.: Z-5646-A 3 completely undisturbed. This includes the clearing or grubbing of any/all underbrush. 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 where the site is adjacent to residential properties. Credit towards fulfilling this requirement can be given for existing trees and undergrowth that satisfies this year-around requirement. An automatic irrigation system to water newly landscaped areas will be required. Prior to the issuance of a building permit, a landscape plan must be approved. The plan must be sealed by a licensed Landscape Architect. The City Beautiful Commission recommends preserving as many existing trees as feasible on this tree-covered site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. 5. PUBLIC WORKS COMMENTS: 1. Eastbound right-turn lane on Highway 10 needs to be 250 ft. long with 100 ft. taper. 2. Location of northern bus entrance does not meet driveway spacing requirement. The drive must be located at a distance of 250 ft. minimum from an intersecting street i.e. Highway 10. 3. Driveways on Taylor Loop must have adequate Intersection Sight Distance as required by latest edition of Green book. Contact Nat Banihatti in Traffic Engineering at 379-1818 for additional information. Note that Stopping Sight Distance is different from Intersection Sight Distance. 4. The intersection of Taylor Loop and Forest Lane will be STOP controlled on minor approaches. This will require police assistance during school peak-hours so that traffic can exit Forest Lane safely. 5. Since school traffic tends to have very short peak periods with very high traffic volumes, the northbound left-turn bay on Taylor Loop at Forest Lane must be able to store at least ten cars. This will require 250 ft. left-turn bay. If comment is not feasible, a properly designed standard roundabout may be considered as an option. 6. All driveway/intersection designs must be checked using Turning Vehicle templates or software such as Auto track to ensure school buses and service trucks can make the runs. July 19, 2007 ITEM NO.: 3 (Cont.) FILE NO.: Z-5646-A 4 7. Street lighting must be provided on all boundary streets. This will require underground circuit with direct-burial galvanized steel poles as installed by Entergy with differential costs paid by the applicant. Design and submit streetlight plans for the project. Occupancy permit will not be issued until all streetlights are functional. Contact Steve Philpott of Traffic Engineering @ 379-1813 for street light requirements. 8. Design and submit pavement striping plan as per MUTCD requirements for all boundary streets. Striping material shall be thermoplastic or better. 9. It is the responsibility of applicant to install a traffic signal at the intersection of Highway 10 and Taylor Loop Road. Design and submit traffic signal plans to Traffic Engineering Division for approval. 10. All striping within the school zone must conform to MUTCD standards. 11. Redesign service drive area. The current layout does not provide sufficient area for truck access. All maneuvering for access to the loading dock must be accommodated on-site. 12. All improvements on Cantrell Road require AHTD approvals. The 50 ft. radius on Cantrell seems excessive. Final intersection design to be established with the roadway design. Layout as shown is only schematic. Final engineering design will be per AASHTO Green Book Standards. 13. Currently, vehicles at the church located south of the subject property park in the right-of-way and back out directly onto Forest Lane. No future vehicles will be allowed to back directly out onto Forest Lane. The applicant should contact the Church pertaining to this matter and show proposed driveways on the southside of Forest Lane and on the north side at the property not owned by the district. It is believed that previously, right-of-way has been dedicated to the City on the south side of Forest Lane at the church. 14. Is the school district proposing to improve Forest Lane west of the site? If so, please provide a plan. 15. Taylor Loop Road is classified on the Master Street Plan as a collector street. A dedication of right-of-way 30 feet from centerline will be required. 16. Due to the proposed use of the property, the Master Street Plans specifies that Forest Lane for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. July 19, 2007 ITEM NO.: 3 (Cont.) FILE NO.: Z-5646-A 5 17. A 20-foot radial dedication of right-of-way is required at the intersection of Forest Lane and Taylor Loop Road. 18. A 20-foot radial dedication of right-of-way is required at the intersection of Cantrell Road and Taylor Loop Road. 19. With site development, provide design of street conforming to the Master Street Plan. Construct street improvements to Cantrell Road, Taylor Loop Road and Forest Lane including 5-foot sidewalks with planned development. 20. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 21. 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). 22. A grading permit in accordance with Section 29-186 (c) & (d) will be required prior to any land clearing or grading activities at the site. Site grading, drainage plans will need to be submitted and approved prior to the start of construction. 23. Storm water detention ordinance applies to this property. 24. If disturbed area is one or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 25. 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. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer main extension required, with easements. Entergy: No comment received. Centerpoint Energy: No comment received. AT&T (SBC): No comment received. Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. July 19, 2007 ITEM NO.: 3 (Cont.) FILE NO.: Z-5646-A 6 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. This development will have minor impact on the existing water distribution system. Proposed water facilities will be size to provide adequate pressure and fire protection. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. Fire Department: Approved as submitted. County Planning: No Comments. SUBDIVISION COMMITTEE COMMENT: (JUNE 28, 2007) Wes Lowder and Rachel Taylor, of the Mehlburger Firm were present representing the applicant. Staff presented the item and noted additional information was needed regarding building design and height, phasing of construction, number of classrooms by grade, number of employees, signage, fencing and site lighting. The applicants were advised to specify the dumpster location and screening. Staff asked the applicants to describe the location of mechanical equipment and measures to be taken to screen the equipment from nearby residences. Staff asked if there would be outside speakers, bells or intercom and if there would be any formal use of the “practice football field”. Staff questioned specifically the height of the building in relation to the residences to the west and what screening would be located along the western perimeter of the site. Landscape and Utility Comments were discussed. The majority of the discussion centered on Public Works Comments and Traffic issues. It was noted that a traffic study had been prepared and submitted with the application. Mr. Lowder noted that the District would widen and improve both sides of Taylor Loop Road and both sides of Forest Lane from Taylor Loop to the west boundary of the school site. Mr. Lowder also stated the turn lane on Cantrell Road and the traffic signal at Cantrell and Taylor Loop Road would be constructed prior to construction beginning on the site. Staff noted that the right-of-way for Forest Lane encompassed a portion of the church parking lot located on the south side of the street. Staff advised the applicants to meet with the church regarding what impact there would be on the July 19, 2007 ITEM NO.: 3 (Cont.) FILE NO.: Z-5646-A 7 church site. Mr. Lowder responded that those conversations had already taken place and the District and the church had discussed a mutual parking agreement. Staff advised the Committee that they were continuing to study the issue of traffic and there were concerns with the condition of Forest Lane, west of the proposed school site. Mr. Lowder informed the Committee that approximately 50 persons attended an informational meeting on June 25, 2007 where the proposed school plan was presented. The applicants were advised to respond to staff issues by July 3, 2007. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: The Little Rock School District is requesting approval of a conditional use permit to allow for construction of a Pre-K through Grade 8 public school on the R-2 zoned, 18.75± acre tract located at the southwest corner of Cantrell Road and West Taylor Loop Road. The school is proposed to contain grades Pre-K through Grade 8. The project may or may not be completed in phases. That will be determined by the school board at a later date. If the school is built in phases, Phase I would likely consist of the core of the building and would accommodate grades Pre-K through Grade 5 with a maximum enrollment of 895 students. Phase II would expand the building to accommodate Grades 6-8 with an additional 440 students and a total enrollment of 1,335 students. If built, the school will be the first new public school in the western part of the City since the 1978 opening of Fulbright Elementary. The building will vary from one to two stories in height. Building materials and roof design have not been determined at this print. Signage is proposed at the driveway entrances. The signs will be of similar material to the building material. The property is located within the Highway 10 Design Overlay District. Staff would recommend that signage be limited to that allowed by the Overlay District; one monument style ground-mounted sign a maximum of six (6) feet in height and seventy-two (72) square feet in area and wall signage on the north, east and south facades only. Directional signage may be placed at the driveway entrances. An eight (8) foot tall wood and brick fence is located along a portion of the western perimeter of the site adjacent to Montagne Subdivision. The school district will construct approximately 400 feet of 6-foot tall opaque fence along the remainder of the western perimeter of the site, from the Montagne fence to Cantrell Road. The site will have sufficient lighting around the building for protection of the children. Pole lighting will be placed in vehicular use areas. Lighting will be shielded downward and into the site and the design will not July 19, 2007 ITEM NO.: 3 (Cont.) FILE NO.: Z-5646-A 8 exceed 1-foot candle at the property lines. The dumpster enclosure will be located at the service drive, at the northeast corner of the building. The mechanical system has not been designed. All mechanical equipment will be screened from adjacent residential properties. Mechanical equipment on the roof will be screened by adjacent building mass, a screen wall or a combination thereof. Mechanical equipment on the ground will be screened by building structure, screen wall, vegetation or a combination thereof. During school hours, outside speakers will be used, particularly in the areas of the playfield and the student drop-off/pick-up zones. The playfield north of the building will double as a football practice field. There will be no formal game use of this field and no lighting, grandstands, concession stands or restrooms will be installed in conjunction with this field. Landscaping on the site has been designed to comply with the Highway 10 Overlay District requirements; including a 40-foot front landscaped area and 25- foot side and rear landscaped areas. The zoning buffer along the west perimeter is required be 26 feet in width; 70% of which is to remain undisturbed. The District is asking to clear underbrush out of the entire buffer due to concern for safety of the students. All trees with truck diameters of 3” or greater are to be left undisturbed. Staff is supportive of this request with the condition that additional evergreen trees will be planted in the buffer as determined necessary to provide screening for the adjacent properties. All screening and buffer requirements also apply where the school site is adjacent to the residential properties at the southeast corner of the site. The District commissioned Peters and Associates Engineers, Inc. to conduct a traffic impact study for the proposed school. The following information is taken from the Traffic Study’s Executive Summary: There are expected to be few pedestrians (children walking to and from school) at this school because of the location of the school and its proximity to Highway 10. Information provided by LRSD for the breakdown of students expected to ride the bus and parent pick-up/drop-off is as follows: Elementary School (Phase 1) It is expected that approximately 55 percent of the elementary school students will ride the bus (this is slightly lower than the nearest existing schools in the vicinity – Fulbright Elementary School and Terry Elementary School). The majority of the remaining 45 percent of the elementary school students are expected to be picked-up and dropped-off by private vehicles. July 19, 2007 ITEM NO.: 3 (Cont.) FILE NO.: Z-5646-A 9 Middle School (Full Build-Out) It is expected that approximately 60 percent of the middle school students will ride the bus. The majority of the remaining 40 percent of the middle school students are expected to be picked-up and dropped-off by private vehicles. Recommendations of this study, for both Phase 1 and full build- out, are summarized as follows: • It is recommended to widen Taylor Loop Road to three lanes from south of Forest Lane to Highway 10. • It is recommended that Forest Lane be widened to three lanes from just west of the Parent Pick-Up/Drop-Off Loop to Taylor Loop Road. Additionally, Forest Lane, west of the site, should be widened to a minimum two-lane roadway section to allow for an eastbound lane and a westbound lane. • It is recommended that Highway 10 be widened to accommodate the addition of an eastbound right-turn lane at Taylor Loop Road. • It is recommended that the roadway geometry for the Pre-K Pick-Up/Drop-Off Loop approach to Forest Lane be constructed to consist of an outbound lane and an inbound receiving lane. • It is recommended that the roadway geometry of the Parent Pick-Up/Drop-Off Loop approach to Forest Lane be constructed to consist of an outbound left-turn lane, an outbound right-turn lane and two inbound receiving lanes. • It is recommended that sidewalks be constructed adjacent to the site along Highway 10, Taylor Loop Road and Forest Lane. • It is recommended that a fully-actuated traffic signal be installed at the intersection of Highway 10 and Taylor Loop Road coincident with the Phase 1 site development. This traffic signal should have provisions to be a part of a closed- loop coordinated traffic signal system. July 19, 2007 ITEM NO.: 3 (Cont.) FILE NO.: Z-5646-A 10 • It is recommended at full build-out conditions the intersection of Taylor Loop Road and Forest Lane be re-evaluated, based on actual traffic volumes, and traffic signal warrants be re-examined. • Traffic signal design at Highway 10 and Taylor Loop Road and roadway improvements along Highway 10 must conform to AHTD and the City of Little Rock design standards and will require approval by AHTD and the City. • Roadway improvements along Taylor Loop Road and Forest Lane must conform to the City of Little Rock design standards and will require approval by the City. Public Works staff has reviewed the revised plan for the proposed West Little Rock School and has the following comments: • If the bus entrance cannot move further south away from Cantrell Road, a variance should be requested for the driveway to be closer than 250 ft. as required by code from Cantrell Road since Taylor Loop Road is a collector street per the MSP. • The traffic study prepared by the applicant and submitted to the City for review recommends Forest Lane, west of the site, should be widened to a minimum two-lane roadway section to allow for an eastbound lane and a westbound lane. Today, the width of pavement on Forest Lane west of the site to S. Katillus Road varies in width. The widest portion is 28 ft. near the intersection of S. Katillus and the narrowest portion is 15 ft. wide further to the east. Staff agrees with the applicant’s traffic study that Forest Lane should be widened to at least 20 ft. of pavement from the site to S. Katillus Road to approximately 400 ft. of Forest Lane west of the site to be widened a maximum of 5 ft. No curb or gutter will be required to be installed on the south side of Forest Lane but considerations should be taken for drainage. Staff is supportive of the requested C.U.P. and believes the proposed school is an appropriate use for the site. Appropriate, year-round screening must be installed and maintained where the site is adjacent to residential properties. Public Works Comments and the recommendations of the applicant’s traffic study must be complied with, including the traffic study recommendation to widen Forest Lane West of the site to Katillus Road. STAFF RECOMMENDATION: Staff recommends approval of the requested C.U.P. subject to compliance with the following conditions: 1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. July 19, 2007 ITEM NO.: 3 (Cont.) FILE NO.: Z-5646-A 11 2. Compliance with the recommendations outlined in the Executive Summary of the Peters and Associates Engineers, Inc. traffic study; including that Forest Lane be widened west of the site to Katillus Road. All required street improvements are to be constructed with Phase 1. 3. The turn lane on Cantrell Road and the traffic signal at Cantrell Road and West Taylor Loop Road are to be constructed prior to construction beginning on the site. 4. Signage is to comply with the standards established by the Highway 10 Overlay District; one monument style ground mounted sign not to exceed six (6) feet in height and seventy-two (72) square feet in area, wall signage on the north, south and east facades of the building and directional signage at the driveway entrances not to exceed six (6) feet in height and two (2) square feet in area. 5. All site lighting is to be shielded downward and into the site. 6. Dumpster service hours are to be limited to daylight hours only. 7. All mechanical equipment, whether roof mounted or ground mounted, is to be screened from adjacent residential properties. 8. Prior to any grading or clearing of the site, the property is to be inspected by City Staff to assure that all required buffer areas are marked and protected by construction fencing. Staff recommends approval of a driveway spacing variance to allow the bus entrance off of Taylor Loop Road to have a reduced spacing from the Taylor Loop/Cantrell Road intersection. Staff recommends approval of the applicants’ request to clear underbrush out of the buffer area subject to no trees with a diameter of three (3) inches or greater being removed and subject to additional evergreen trees being planted in the buffer as determined necessary by staff to provide screening for adjacent residential properties. PLANNING COMMISSION ACTION: (JULY 19, 2007) The applicants were present. There were three persons present who stated they were not in opposition but had some issues with the proposal. Three letters had been received by the Commission which stated the same. Dana Carney of the Planning Department and Mike Hood of Public Works made the staff presentation. Mr. Hood presented a graphic showing existing traffic counts on area streets and discussed the improvements being proposed under this application. Staff informed the Commission that the District had agreed to widen Forest Lane west of the site as recommended by the traffic study. Staff stated there were no further outstanding issues. Staff presented a recommendation of July 19, 2007 ITEM NO.: 3 (Cont.) FILE NO.: Z-5646-A 12 approval subject to compliance with the comments and conditions outlined in the “staff recommendation” above. Wes Lowder, of the Mehlburger Firm, spoke on behalf of the application. He stated much study had gone into the proposal. Mr. Lowder stated the District had met with neighboring property owners and intended to continue to do so to try to address their concerns. He stated they would work with the State highway department to get approval to signalize the Taylor Loop/Cantrell Rd. intersection prior to construction commencing on the site. Mr. Lowder described some specifics of the site plan, noting the “generous drop-off and parking areas.” Commissioner Laha asked Mr. Lowder why the District was proposing to do street improvements in this case when at other school sites, the District had requested deferrals of street improvements. Mr. Lowder responded that this was a proposed new school and the other cases involved making improvements to existing school campuses. Phil Kaplan, a resident of the adjacent Montagne subdivision, addressed the commission on his own behalf and on behalf of his neighbors. He stated they were not opposed to the school but they wanted additional protection from the potential impact of the school on the neighborhood. Mr. Kaplan stated the neighborhood would prefer a buffer of at least 75 feet in width along the western perimeter of the school site, as opposed to the 40 feet being proposed. He stated a 75 foot buffer would preserve more mature trees on the site. Mr. Kaplan discussed the proposed playfield shown between the building and Cantrell Rd. He stated the playfield could turn into a location for regular Saturday morning soccer league games unless the Commission specifically restricted the use of that area. Don Smith, of 57 Montagne Court, addressed the Commission with concerns about traffic and the condition of adjacent streets. John Hill , of 32 Montagne Court, reiterated that the neighborhood was not opposed to the school but wanted additional protections. He stated he had taken measurements of the difference between a 40 foot and a 75 foot buffer and had found several mature trees would be saved with the larger buffer. Mr. Hill voiced concern about a two-story building looking over the neighborhood and of the location of the western-most driveway on the school site. Mr. Kaplan stated he recognized the architects and engineers to be outstanding and prestigious firms but, things happen when site work takes place. He again asked the Commission to protect the neighborhood. Mr. Lowder stated it was hard to develop any site without having some impact on the environment. He stated the neighbors had been very gracious and he wished July 19, 2007 ITEM NO.: 3 (Cont.) FILE NO.: Z-5646-A 13 he could give a 75 foot buffer, but the site’s constraints prevented him from doing so. Mr. Lowder stated the homes in Montagne were designed with garages and an alley to the rear, between the homes and the school site, which provided some protection from development of the school site. He stated the proposed 40 foot wide buffer exceeded the 25 foot requirement of the Highway 10 Overlay District. Mr. Lowder stated the District would work with the neighbors and staff to supplement the buffer with evergreen trees so as to provide a better visual buffer. Mr. Lowder stated they would protect and save most trees in the buffer. Commissioner Williams asked if a subsequent school board could choose to start using the playfield for formal games. Staff responded that the Commission could condition the CUP or the applicant could offer an amendment specifying use of the playfield, making it a condition that went with the land regardless of future school administration changes. Mr. Lowder responded that the District was amending the application to exclude use of the playfield for Saturday morning organized games. Dana Carney, of the Planning Staff, stated it was important to note that such a condition would not prohibit use of the play areas by neighborhood children. He stated the City’s Master Parks Plan included school play areas as fulfilling a need for neighborhood parks and playgrounds. In response to a question from Commissioner Yates, Mr. Lowder stated there would be a berm installed within the Highway 10 frontage landscape area, as required by the Overlay. Also in response to a question, Mr. Lowder stated the District would work with a landscape architect to assure that the evergreen plantings in the buffer would be sufficient to provide the required screening. Commissioner Yates suggested that signage might be placed at the end of the bus lane directing buses to turn toward the Cantrell Rd. intersection rather than turning to the south, along Taylor Loop Road. Traffic Consultant Gregg Simmons stated there would only be about 14 buses at the site, which would have little impact on Taylor Loop Road. In response to a question from Chairman Stebbins, Mr. Lowder stated the area between the bus lane and Taylor Loop Road would be landscaped. A motion was made to approve the application as amended, subject to compliance with all staff comments and conditions. The motion was approved with a vote of 9 ayes, 0 noes, 1 absent and 1 open position. December 18, 2008 ITEM NO.: H FILE NO.: LU08-19-02 Name: Land Use Plan Amendment - Chenal Planning District Location: The east side of Rahling Road, south of Pebble Beach Drive Request: Low Density Residential and Single Family to Multi Family, Commercial, Office, Single Family and Open Space Source: Tim Daters, for Deltic Timber Co. PROPOSAL / REQUEST: The applicant has requested a deferral to the October 2, 2008 Planning Commission hearing. Staff is supportive of this request. PLANNING COMMISSION ACTION: (AUGUST 21, 2008) The item was placed on the consent agenda for deferral to the October 2, 2008 hearing at the request of the applicant. By a vote of 9 for and 0 against the consent agenda was approved. PROPOSAL / REQUEST: A Land Use Plan amendment in the Chenal Planning District from Low Density Residential and Single Family to Multi Family, Commercial, Office, Single Family and Park/Open Space. The applicant has also filed a large rezoning for this site and a Master Street Plan amendment for this site. The applicant is proposing these changes to allow for commercial uses, multi family residential which would accommodates ten to thirty six units per acre, office uses and some open space. EXISTING LAND USE AND ZONING: The property is vacant and undeveloped. It is currently zoned MF-18 and R-2 and is approximately 73 acres in size. All of the properties to the north, east and south are also zoned R-2 Single Family and are mostly developed with single family residences. A portion of that land is still vacant and undeveloped. The west side of Rahling Road is zoned OS Open Space and R-2 Single Family; this area is undeveloped. Southwest of the amendment area is zoned O-3 General Office for a medical office and MF-18 for an apartment complex. To the northwest along Rahling is a large area of undeveloped land that is zoned MF-12 Multi Family District. December 18, 2008 SUBDIVISION ITEM NO.: H (Cont.) FILE NO.: LU08-19-02 2 FUTURE LAND USE PLAN AND RECENT AMENDMENTS: The amendment area is currently shown as Low Density Residential and Single Family on the future land use plan. This area is surrounded by Single Family on the north, east and south. There is a strip along the west side of Rahling shown as Park Open Space and a strip farther north along Rahling shown as Multi Family. West of the amendment area is shown as Mixed Use and Multi Family at the corner of Kirk and Rahling Roads. August 15, 2006, Ordinance 19582 amended the eastern intersection of LaGrande and Rahling Roads from Multi Family to Mixed Office Commercial to allow for future development. June 17, 2003, changes from Office, Multifamily, and Single Family to Multifamily and Low Density Residential located northeast of Chenal Parkway around Rahling Road. These changes were made to reflect new zoning in the area for future development. MASTER STREET PLAN: Rahling 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 Rahling since it is a Minor Arterial. Wellington Plantation Drive and Beckenham Drive are both shown as proposed Collectors through this site and intersecting with Rahling Road. 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 bike route is shown along Rahling Road. A Class I bikeway is built separate from or alongside a road. Additional paving and right of way may be required. PARKS: According to the Master Parks Plan, half of the amendment area is within eight blocks of a park. The northern half of this amendment site is not within eight blocks according to the Parks Plan, although the west side of Rahling Road is zoned for Open Space and is used for a walking trail. December 18, 2008 SUBDIVISION ITEM NO.: H (Cont.) FILE NO.: LU08-19-02 3 HISTORIC DISTRICTS: There are no city recognized historic districts that would be affected by this amendment. CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN: This area is covered by both the Rock Creek and the River Mountain Neighborhood Action Plans. Rock Creek’s Residential goal states: Ensure that future developments of existing undeveloped land meet neo-traditional design standards, including the placement of neighborhood passive green space and community services within developing neighborhoods. River Mountain’s Sustainable Environment goals states: Vigorously enforce the ordinance for hillside protection and for tree preservation. ANALYSIS: This amendment area is approximately 73 acres of undeveloped, wooded land along Rahling Road. This amendment proposes to add 41.13 acres of Multi Family, 19.91 acres of Commercial, 2.24 acres of Office, 7.99 acres of Park/Open Space and 1.62 acres of Single Family. The majority of this land is currently shown as Single Family on the Plan. This vicinity has been growing almost continually over the past twenty years. Many single-family subdivisions have been built during this time both to the east and to the south of this area. While much of this area is planned for Single Family use, the Land Use Plan has also allotted room for Low Density Residential and Multi Family Development. Along Rahling Road, there are currently 17 acres of undeveloped Multi Family and 28 acres of undeveloped Low Density Residential. Low Density Residential provides an option other than Single Family detached for future development. The Plan classifications and zoning have been in place for approximately two decades with no proposals for development. Rahling Road provides the link between the major commercial center of Chenal Parkway with Cantrell Road to the north. When the Land Use Plan and zoning for the Chenal (Deltic) ownership and surrounding areas was approved in the mid-1980s, a major office and commercial center was proposed at and near the intersection of what is now Chenal Parkway and Rahling Road. This general area has been seen as the community or regional shopping and employment center of western Little Rock. The retail is just now developing with the recent construction of the ‘Promenade at Chenal’. December 18, 2008 SUBDIVISION ITEM NO.: H (Cont.) FILE NO.: LU08-19-02 4 Rahling Road is not currently constructed to full Master Street Plan standard. The traffic volumes, while not yet to the number that would require the developer to widen Rahling, are moving beyond the normal design volume for a two-lane road. As development of this section of Little Rock continues based on the current Land Use Plan, Rahling Road volumes should reach Arterial design numbers in the next few years. There is already a 28-acre section of Low Density Residential shown for a portion of this site. North of this site along Rahling Road is a 17 acre section of Multi Family that is undeveloped. This amendment is proposing to reconfigure this existing plan to add a net total of approximately 6.2 acres of Multi Family/LDR while adding 19.91 acres of Commercial to an area that is currently proposed for residential uses. The Master Street Plan shows two Collector streets (Beckenham and Wellington Plantation Drives) intersecting Rahling Road near this amendment site. The neighborhoods to the east of this application have concerns about these connections and the traffic through their neighborhoods that may result. The applicant has filed a Master Street Plan amendment as a separate item on this agenda to modify the configuration of these two Collectors. This application is also proposing to add 2.24 acres of Office and 19.91 acres of Commercial. This area of Little Rock still has nearly 100 acres of undeveloped Office within a mile of this application and approximately 40 acres of undeveloped Commercial and Neighborhood Commercial along Rahling Road just west of this application area. The existing commercial and office is part of a large ‘node’ around the Chenal Parkway-Rahling Road intersection and includes intersections of these roads with Kanis Road, Kirk Road and Wellington Boulevard (all Arterials). Rahling Road has been planned to be residential with various densities of residential proposed on the Plan and zoned. There has already been some intensification of land use and zoning along Rahling Road in the Kirk Road and Chenal Valley Drive area. The City does have a Land Use Policy of discouraging ‘stripping’ or lining of Arterials with commercial uses and concentrating such uses in ‘nodes’. The proposed amendment would continue to line Rahling Road with commercial uses. Office areas along Rahling Road are narrow lots with buildings designed and laid out with a ‘retail feel’, strengthening the ‘strip’ feel. Showing several areas of different use implies multiple access points along Rahling, which is an Arterial. Access should be limited to Rahling because it is an Arterial. Multiple access points could have significant impact on pedestrian December 18, 2008 SUBDIVISION ITEM NO.: H (Cont.) FILE NO.: LU08-19-02 5 and vehicular traffic. While each of these separate areas might be designed and built to work together, the normal development pattern is for each separate use area to develop independently. The amendment would create at least four new use areas with all that is associated with this along Rahling Road. Also, by placing destination uses (commercial and office) at the end of the collectors, the trips from the neighborhoods to the east and south of the application area could increase thereby causing more traffic on the collectors. Some trips from the immediate neighborhood might no long proceed further west along the Arterial to areas at Kirk and Chenal Parkway, but stop at the proposed commercial and office areas. However, additional trips east of the amendment area, that might have been attracted to the commercial and office at Napa Valley and Rodney Parham may well move west along Beckenham to the proposed commercial and office areas. As well, trips that might have gone south and west along Kirk to commercial and office areas may be attracted up Wellington Plantation Drive to the proposed new uses. NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood associations: Chenal Ridge POA and The Villages of Wellington. Staff has received four phone calls against this amendment from area residents. STAFF RECOMMENDATIONS: Staff believes the change is not appropriate. PLANNING COMMISSION ACTION: (OCTOBER 2, 2008) Walter Malone, Planning Staff reviewed the Land Use Plan in the area. Mr. Malone talked about the major commercial area at Rahling Road and Chenal Parkway. This area is only now beginning to development after twenty years of zoning. There have been changes along Rahling Road to Commercial and Office around Kirk Road. Staff is concerned that by making the changes proposed, Commercial and Office, Rahling Road will be combined with commercial and office rather than the originally proposed various densities of residential. Monte Moore, Planning Staff, presented the related reclassifications, Z-8165-A. (See Item A.1 for a complete minute record.) Most of the presentation by representatives of the applicant dealt the transportation issues of the western part of Little Rock and some history of development of roads in the City. In December 18, 2008 SUBDIVISION ITEM NO.: H (Cont.) FILE NO.: LU08-19-02 6 addition, the applicant’s consultant presented the findings of a traffic study dealing with the street changes and reclassifications. A Motion was made to approve the Land Use Plan Amendment. By a vote of 8 for, 2 against the Plan amendment was approved. STAFF UPDATE: The applicant has requested an amendment to their application to change the northern area from Multi Family to Office. Staff is still not supportive of this request. PLANNING COMMISSION ACTION: (DECEMBER 18, 2008) The item was placed on consent agenda for deferral to February 5, 2009 hearing. By a vote of 6 for, 0 against and 3 vacancies the consent agenda was approved. December 18, 2008 ITEM NO.: H.1 FILE NO.: Z-8165-A Owner: Deltic Timber Corporation Applicant: Tim Daters, White-Daters and Associates Location: East side of Rahling Road, south of Pebble Beach Drive Area: 20.30 Acres Request: Rezone from R-2 to O-3 (Revision to previously approved application) Purpose: Future development Existing Use: Undeveloped STAFF ANALYSIS: On October 2, 2008, the Planning Commission approved a rezoning application for 68.93 acres of property located along the east side of Rahling Road, south of Pebble Beach Drive. The approved rezoning was from R-2 and MF-18 to OS, R-2, MF-18, O-3 and C-3. The proposed rezoning was divided into 14 areas, as described in the attached October 2, 2008 Planning Commission minute record. Prior to action on the application by the Board of Directors, the applicant revised the application for 20.30 acres of the property, noted as “Area 2” in the attached minute record and sketches. The Planning Commission approved this 20.30 acres for a rezoning from “R-2” Single Family District to “MF-18” Multifamily District. The applicant is now requesting a rezoning from “R-2” to “O-3” General Office District for the 20.30 acres labeled as “Area 2”. The Board of Directors has sent the revised portion of the application back to the Planning Commission for reconsideration. All owners of property located within 200 feet of the overall property boundary (as per abstract list provided by the applicant), all parties who submitted a letter or e-mail to the original request (and provided a mailing address), all parties who attended the October 2, 2008 Planning Commission hearing and filled out a card, and the Chenal Ridge, Hillsborough and Village of Wellington Neighborhood Associations were notified of the Planning Commission public hearing on the revised application. The revision to the application does not change staff’s previous recommendation of denial. Staff did not support the proposed rezoning of “Area 2” to “MF-18”. The revised request to rezone “Area 2” to “O-3” represents a more intense December 18, 2008 SUBDIVISION ITEM NO: H.1 (Cont.) FILE NO.: Z-8165-A 2 zoning for this 20.30 acres. Staff continues to believe that development of this area as something other than its current zoning of single family residential would introduce a level of traffic, noise and light which would be detrimental to the existing adjacent single family neighborhoods. STAFF ANALYSIS: Staff recommends denial of the requested revised rezoning to O-3. PLANNING COMMISSION ACTION: (DECEMBER 18, 2008) Staff informed the Commission that the applicant submitted a letter on December 15, 2008 requesting the application be deferred to the February 5, 2009 Agenda. Staff supported the deferral request. With a vote of 6 ayes, 0 nays, 2 absent and 3 open positions, the Commission voted to waive their bylaws and accept the request for deferral being less than five (5) business days prior to the meeting. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the February 5, 2009 Agenda. A motion to that effect was made. The motion passed by a vote of 6 ayes, 0 nays, 2 absent and 3 open positions. December 18, 2008 ITEM NO.: 1 FILE NO.: S-46-II NAME: Overlook Replat Lot 201A & 201B LOCATION: Located at 120 Overlook Drive DEVELOPER: Tony and Janet Dillion 120 Overlook Drive Little Rock, AR 72207 ENGINEER: White Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 3.86 acres NUMBER OF LOTS: 2 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family PLANNING DISTRICT: 3 – West Little Rock CENSUS TRACT: 22.01 VARIANCES/WAIVERS REQUESTED: 1. A variance from the Subdivision Ordinance (Section 31-232) to allow a reduced lot depth for Lot 201B. BACKGROUND: On June 22, 2006, the Planning Commission approved a revision to the previously approved preliminary plat for Overlook Park Addition. The plat contained 3.86 acres and was proposed with two (2) lots. The lots were proposed to be developed with the Hillside Development standards as established in Chapter 31, Division 8. A new home was constructed on the eastern lot, Lot 201 and the western lot remains vacant. A. PROPOSAL/REQUEST: The applicant is now proposing a lot split for Lot 201. A new home has been constructed on the western portion of Lot 201 and the applicant proposes to construct an additional home on the newly created lot. The request will require a variance from the Subdivision Ordinance to allow the lot split to occur. The lots are proposed to December 18, 2008 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-46-II 2 contain 0.84 acres (Lot 201A) and 2.26 acres (Lot 201B). The eastern property line does not meet the typical ordinance standard of 100 feet for the lot depth. The development will utilize hillside development standards for development of the lots, including the allowance of a 15-foot front building line. B. EXISTING CONDITIONS: The site is extremely steep, sloping downward to the north. A new single-family home has been constructed on the western portion of this lot. There is an additional new home under construction further west of this lot. Adjacent to the northern property line is a railroad spur serving the Riverdale area and downtown. Rebsamen Park and the Arkansas River are located north of the railroad spur. To the south of the site are single-family homes located on large lots; many developed on lots with a similar grade to the lots being proposed. 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 the Overlook Property Owners Association were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Currently the City streets drain across the property outside of an easement. The drainage must be maintained after development. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Central Arkansas Water records do not show water facilities on the property to the west in the location shown to require relocation of a waterline. December 18, 2008 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-46-II 3 Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (November 20, 2008) Mr. Tony Dillion was present representing the request. Staff presented an overview of the proposed development indicating there were additional items necessary to complete the review process. Staff requested the applicant provide the source of title of the landowner and the zoning classification within the plat boundary and of abutting properties. Staff also stated the legal description for the plat indicated an area larger than the area proposed for replatting. Public Works comments were addressed. Staff stated the City street currently drained across the property and the drainage must be maintained after development. Staff noted comments from the various other reporting departments and agencies suggesting the applicant contact them directly for additional information and clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: A revised preliminary plat was submitted to staff on December 1, 2008, indicating the modifications requested by staff at the November 20, 2008, Subdivision Committee meeting. The applicant has indicated the source of title of the landowner and the zoning classification within the plat boundary and of abutting properties. The revised plat also indicates the drainage across the property will be maintained. The proposal is to allow the subdivision of a 3.10-acre parcel into two single-family residential lots. A 30 percent slope and several easements are contained on the tract. The request includes the placement of a 15-foot building line, consistent with Hillside Development standards, along Overlook Drive. The ordinance allows hillside development standards to be utilized when the average slope exceeds eighteen (18) December 18, 2008 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-46-II 4 percent or greater. Such areas of steep slope are recognized as requiring special subdivision development standards for vehicular access easements, lot dimensions, front and side yard setbacks, and cuts and fills. The minimum front yard setback may be reduced to fifteen (15) feet. The minimum lot area shall be calculated to the closest one thousand square feet based on the percent slope and in no case less than 10,000 square feet. Based on a thirty percent slope the minimum lot area would be 30,000 square feet. The lot area indicated for proposed Lot 201A is 36,620 square feet and Lot 201B is in excess of two (2) acres, which are sufficient to meet the minimum lot area requirement. The request includes a variance from the Subdivision Ordinance to allow a reduced lot depth for proposed Lot 201B. The ordinance typically requires a minimum lot depth of 100 feet. The lot depth along the eastern perimeter is 35.02 feet. The lot has a number of easements limiting the available placement of the new home. The area available for construction is located along the western perimeter. The lot depth in this area is 241.40 feet. Staff is supportive of the applicant’s request. The request allows for an average lot area of 1.52 acres with a minimum lot size of 36,620 square feet (Lot 201A). Although the area contains steep slopes, the area has developed with single-family homes. Staff also does not feel the variance to allow a reduced lot depth for proposed Lot 201B will significantly impact the developability of the lot. To staff’s knowledge there are no outstanding issues associated with the request. Staff feels the placement of two homes on this 3.10-acre tract will have minimal 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 lot depth for Lot 201B along the eastern perimeter. PLANNING COMMISSION ACTION: (DECEMBER 18, 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 to allow a reduced lot depth for Lot 201B along the eastern perimeter. There was no further discussion of the item. The chair entertained a motion of approval of the item as recommended by staff. The motion carried by a vote of 6 ayes, 0 noes, 2 absent and 3 open positions. December 18, 2008 ITEM NO.: 2 FILE NO.: S-502-J NAME: John Barrow Addition Replat Lots 10R – 13R, Block 71 and Right of Way Abandonment for Zion Street LOCATION: Located on the Northeast Corner of West 38th and Zion Streets DEVELOPER: James McDaniel P.O. Box 250 Sweet Home, AR 72164 SURVEYOR: Brooks Surveying 20820 Arch Street Pike Hensley, AR 72065 AREA: 0.517 acres NUMBER OF LOTS: 3 FT. NEW STREET: 0 LF CURRENT ZONING: R-3, Single-family PLANNING DISTRICT: 10 – Boyle Park CENSUS TRACT: 24.06 VARIANCES/WAIVERS REQUESTED: None requested. The applicant requested on December 2, 2008, this item be deferred to the February 5, 2009, public hearing. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (DECEMBER 18, 2008) The applicant was not present. Staff presented the item stating the applicant had contacted them on December 2, 2008, requesting a deferral of the item to the February 5, 2009, public hearing. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The chair entertained a motion of approval of the item as recommended by staff. The motion carried by a vote of 6 ayes, 0 noes, 2 absent and 3 open positions. December 18, 2008 ITEM NO.: 3 FILE NO.: S-636-O NAME: Kanis Commercial Park II Preliminary Plat LOCATION: Located South of the intersection of Kanis Commercial Drive and Kanis Park Drive DEVELOPER: Dr. Alonzo D. Williams, Jr. 8908 Kanis Road Little Rock, AR 72205 ENGINEER: Crafton Tull Sparks 10825 Financial Center Parkway Little Rock, AR 72211 AREA: 9.987 acres NUMBER OF LOTS: 9 FT. NEW STREET: 443 LF CURRENT ZONING: O-3, General Office District and OS, Open Space PLANNING DISTRICT: 11 – I-430 CENSUS TRACT: 24.04 VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: The applicant is requesting preliminary plat approval for a 9.987-acre tract of land at the intersection of Kanis Commercial Drive and Kanis Park Drive to be known as Kanis Commercial Park II. The property is owned and is to be subdivided by Dr. Alonzo D. Williams. The property was previously preliminary platted but the approval has expired resulting in the current application request to renew and revise the plat proposal. The property is currently zoned O-3, General Office District and is undeveloped and will be developed in one phase. The subdivision preliminary plat indicates 9 lots and 443 feet of new street which will be an extension of Kanis Park Drive. The road will be 36 feet wide, have sidewalks on both sides and terminate in a cul-de-sac. Detention storage will be provided on site. Central Arkansas Water will provide water and Little Rock Wastewater Utility will provide wastewater disposal. December 18, 2008 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-636-O 2 B. EXISTING CONDITIONS: The site is wooded with a gradual slope from north to south. Kanis Park Drive has been constructed to Master Street Plan standard up to the northern property line of the proposed plat area. There are three apartment complexes located adjacent to the site. There is a development zoned R-5 located to the east and accessed from John Barrow Road. There are also apartment developments located to the northwest accessed from Kanis Road and to the south accessed from Labette Manor Drive. West of the site is a single-family subdivision. South of the site is vacant property zoned MF-18 and further south is property zoned PD-R which was approved for senior housing but has not been constructed. 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 the John Barrow Neighborhood Association were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Due to the proposed use of the property, the Master Street Plan specifies that Kanis Park Drive must meet commercial street standards. Dedication of right-of-way to 60 feet is required. 2. With site development, provide the design of the street conforming to the Master Street Plan. Construct street improvement to Kanis Park Drive including 5-foot sidewalks on both sides to Commercial Street standard with the planned development. 3. Show the proposed driveway locations for the lots. 4. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). 5. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 6. Provide a Sketch Grading and Drainage Plan of the street and lots per Section 29-186 (e). 7. Storm water detention ordinance applies to this property. December 18, 2008 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-636-O 3 8. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 9. Section 31-403 of the Little Rock code requires streetlights. 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. On site striping and signage plans should be forwarded to Public Works, Traffic Engineering for approval with the site development package. 11. Obtain a franchise agreement from Public Works (Bennie Nicolo, 371-4818) for the private improvements located in the right-of-way. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required, with easements, for this project. Contact Little Rock Wastewater Utility for additional information. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. A water main extension and additional fire hydrants will be required in order to provide service to this property. Central Arkansas Water may request that tie-ins be made to existing mains in Cerelle Drive and Labette Manor Drive. If these tie-ins are made, additional easements will be required and the utility will participate in the cost of construction of the facilities. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. December 18, 2008 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-636-O 4 Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (November 20, 2008) The applicant’s representative was present. Staff presented an overview of the development stating there were additional items necessary to complete the review process. Staff stated there was a 50-foot zoned OS strip located along the western perimeter. Staff requested this area be indicated on the plat. Public Works comments were addressed. Staff stated all abutting and internal streets would require construction to Master Street Plan standard. Staff also stated, prior to development, a grading permit was required. Staff stated if disturbed area was one or more acres, a permit from the Arkansas Department of Environmental Quality was required. Staff noted comments from the various other reporting departments and agencies suggesting the applicant contact these agencies for additional information. There being no further issues for discussion, the Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised preliminary plat to staff addressing a number of the issues raised at the November 20, 2008, Subdivision Committee meeting. The revised plat indicates the placement of a 50-foot OS zoned buffer along the western perimeter of the site. The plat also indicates all streets will be constructed to Master Street Plans standard. The subdivision is proposed in a single phase. The proposal is a preliminary plat to allow the creation of 9 office lots from this 9.987 acre parcel. The average lot size proposed is 0.987 acres and the minimum lot size proposed is 0.756 acres. A new commercial cul-de-sac street will be constructed to serve the new lots. The new street is proposed to be 443 linear feet in length in a 60 foot right of way with 36-feet of pavement. Sidewalks will be placed on both sides of the new street but do not appear to be placed at the property line on the proposed plat drawing. Staff recommends the new sidewalks be placed at the back of the right of way to allow separation of pedestrians and motorists on the new street. Mass grading and clearing is not anticipated with development of the subdivision. The intent of the development is for each of the lots to be sold individually and developed by the new owner. Drainage will be provided for the subdivision. Along the southern boundary there is an existing drainage ditch in this area, December 18, 2008 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-636-O 5 which diverts water away from the developed property to the south. A drainage easement will be platted along the common lot lines of Lots 5 and 6 where the drainage will be directed to a detention storage facility located in the southeast corner of the property. Staff is supportive of the request. The proposed plat appears to comply with the typical standards established within the Subdivision Ordinance for platting of an office subdivision. The property is zoned O-3, General Office District. The lot sizes proposed are more than adequate to meet the typical ordinance standard for this zoning district. To staff’s knowledge there are no outstanding technical issues associated with the request. The proposed plat is the reestablishment of a previously approved plat for this site in relatively the same configuration. 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 sidewalks be placed at the back of the right of way. PLANNING COMMISSION ACTION: (DECEMBER 18, 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 sidewalks be placed at the back of the right of way. There was no further discussion of the item. The chair entertained a motion of approval of the item as recommended by staff. The motion carried by a vote of 6 ayes, 0 noes, 2 absent and 3 open positions. December 18, 2008 ITEM NO.: 4 FILE NO.: S-1575-B NAME: Broadway Subdivision Site Plan Review LOCATION: Located at 3315 West Roosevelt Road DEVELOPER: Herbert Broadway 1921 West 16th Street Little Rock, AR 72202 SURVEYOR: Donald Brooks Surveying 20820 Arch Street Pike Hensley, AR 72065 AREA: 1.01 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: C-3, General Commercial District PLANNING DISTRICT: 9 – I-630 CENSUS TRACT: 12 VARIANCES/WAIVERS REQUESTED: A variance from Section 36-502 to allow a reduced number of parking spaces to serve the site. BACKGROUND: On July 5, 2007, the Little Rock Planning Commission approved a Subdivision Site Plan Review to allow the existing buildings located on the site to be rehabilitated. The rear building was to become a restaurant and lounge. The approval also required the front building to comply with the available parking on-site or return to the Planning Commission for site plan review. The site plan indicated 49 parking spaces. Of the 49 spaces, the restaurant and lounge would require 40 of the spaces leaving 9 spaces available for the front building. During the renovation process of the front building, the applicant added a second floor to the building containing approximately 3,000 square feet. This area was added without proper permits or inspections. On October 30, 2008, the Little Rock Planning Commission denied a request to allow the developer a parking variance for 34 of the required parking spaces. The developer December 18, 2008 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: S-1575-B 2 proposed to utilize 6,024 square feet of the front structure as a private club/lounge and the 2,360 square foot rear building as a restaurant. The two uses would alternate business hours and the use of the restaurant during the private club/lounge hours would only be to provide food service to the private club/lounge. Based on the typical ordinance requirements for a private club/lounge, a total of 60 parking spaces is required for the front building and 23 spaces for the rear building. The site plan indicated 49 on-site parking spaces resulting in the request for a parking variance for the additional 34 spaces. A. PROPOSAL/REQUEST: The applicant is now requesting a revised parking variance to allow less parking spaces than typically required per Section 36-502. The rear building is a one-story restaurant building containing 2,360 square feet. The front building is a two-story building rehabbed for a private club/lounge. The owner has committed to limiting the useable space within the front building for customers to the ground floor, which contains 5,124 square feet. According to the owner, the only portion of the second floor to be used is an office area, which will be used as the administrative offices for these two businesses. The two businesses will alternate times of usage and the restaurant will only serve bar food during the hours the private club/lounge is open. B. EXISTING CONDITIONS: There are two commercial buildings located on the site. The required street construction from the previous approval has been completed along Roosevelt Road. The required parking has been installed but the landscaping has not been installed. Both buildings have been renovated with a private club/lounge in the front building and a restaurant in the rear building. There are a number of industrial, commercial and office uses in the area. To the west of the site is a vacant property and further west a nursing home. The Pulaski County Detention Center is located to the east of the site. North of the site is vacant property. Further north of the site are single-family homes. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents. All owners of property located within 200-feet of the site along with the Love and Goodwill Neighborhood Associations were notified of the Public Hearing. Public Hearing. December 18, 2008 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: S-1575-B 3 D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Roosevelt Road is classified on the Master Street Plan as a principal arterial with a special design standard. Dedication of right-of-way to 35 feet from centerline will be required. 2. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to Roosevelt Road including 5-foot sidewalks with the planned development. The one-half street improvements have been installed. 3. The driveways are proposed to be one-way. Proper signage and directional arrows to reflect this condition shall be provided at these driveways. 4. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer's expense. Fire Department: No comment. County Planning: No comment. CATA: The site is located on CATA Bus Route #14 – the Rosedale Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. December 18, 2008 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: S-1575-B 4 Landscape: All landscaping must be installed as per the approved landscape plan. G. SUBDIVISION COMMITTEE COMMENT: (November 20, 2008) The applicant was not present. Staff presented an overview of the request stating the item was before the Commission for a parking variance at their October 30, 2008, public hearing and was denied. Staff stated the previous application request was 34 parking spaces short of the typically required parking for a private club/lounge. Staff stated with the current application request, the applicant had indicated in their cover letter that only the ground floor of the private club/lounge building would be used for customers. Staff stated customers would not be allowed access to the upper floor and the only portion of the upper floor that would be used would be an office area to serve the two businesses. There being no further issues for discussion, the Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: There were no items in need of addressing raised at the November 20, 2008, Subdivision Committee meeting. The request is a parking variance to allow less parking spaces than typically required per Section 36-502 for this site containing a private club/lounge and restaurant. The restaurant is located within the rear building which is a one-story building containing 2,360 square feet. The front building is two-stories and was rehabilitated for a private club/lounge. The total square footage of the two story building is approximately 8,000 square feet. The owner has committed in writing to limiting the useable space for customers to the ground floor. The ground floor area contains 5,124 square feet. In the revised cover letter, the applicant states the only portion of the second floor which will be used is an office area which will function as the administrative offices for these two businesses. The two businesses will alternate times of usage and the restaurant will only serve bar food during the hours the private club/lounge is open. Based on the typical ordinance standard for the proposed private club/lounge, 51 parking spaces would typically be required. The 2,360 square foot restaurant would require 23 parking spaces. There are 49 parking spaces located on the site resulting in less parking than the typical ordinance standard. Staff is supportive of the requested variance. Staff does not feel the lack of the parking spaces will significantly impact the development as long as the business hours are alternated so that the uses are not open at the same time. To staff’s knowledge there are no outstanding technical issues associated with the request. December 18, 2008 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: S-1575-B 5 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 hours of the two businesses be staggered so that the private club/lounge are not open during the same hours. Staff recommends approval of the variance request from Section 36-502 to allow less parking than the typical ordinance standard for the proposed site based on the two businesses alternating hours of operation. Staff recommends that use of the restaurant building during the hours the private club/lounge is open be limited to providing bar food to the private club/lounge with no other customer traffic being permitted. PLANNING COMMISSION ACTION: (DECEMBER 18, 2008) The applicant was present. There were registered objectors present. Chairman Taylor stated when there were eight (8) or fewer Commissioners present the practice of the Commission had been to allow the applicant the option of deferral of an item to a subsequent meeting. He questioned if the applicant desired a deferral of the item to the January 8, 2009, public hearing. Mr. Ron Wood stated his desire was to defer the item to the January 8, 2009, public hearing. There was no further discussion of the item. The chair entertained a motion of approval of the item for deferral to the January 8, 2009, public hearing. The motion carried by a vote of 6 ayes, 0 noes, 2 absent and 3 open positions. December 18, 2008 ITEM NO.: 5 FILE NO.: Z-2725-B NAME: McGee Short-form PID LOCATION: Located at 8624 I-30 DEVELOPER: Newman McGee 901 Towne Oak Drive Little Rock, AR 72227 ENGINEER: Mehlburger Engineering 1218 West 3rd Street Little Rock, AR 72201 AREA: 3.55 acres NUMBER OF LOTS: 1 Zoning Lot FT. NEW STREET: 0 LF CURRENT ZONING: I-2, Light Industrial District ALLOWED USES: Light Industrial Uses PROPOSED ZONING: PID PROPOSED USE: I-2, Light Industrial District Uses and a specified list of additional uses VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: An application for rezoning of this site from I-2, Light Industrial District to C-3, General Commercial District was withdrawn by the Planning Commission at their November 13, 2008, public hearing. APPLICANT’S STATEMENT: For the past thirty years one of the major activities of the Professor Bowl has been to provide social activities for youth and adults. Social dance is a popular activity for groups such as school celebrations or reunions, holiday groups and parties, birthday parties, family reunions, company business and church meetings. Dancing and music December 18, 2008 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-2725-B 2 have always been and will be held to social acceptable standards and predicated on the principles of socially approved human behavior. Dance for youth groups is always under the guidance of counselors or teachers with adult supervision. Dancing by adult groups is strictly social with no suggestive sexual display. Dancing for entertainment or audiences or to illicit responses from audiences will be prohibited. No nudity or sexual explicit gestures will be allowed. Accompanying music is associated with the social atmosphere and the dance activity. Music will be ninety percent recorded. However, some groups may request to bring in live music from the local area or even from their group membership. A recoding studio is planned for local amateur talent to learn about and record personal material and for party activities. A. PROPOSAL/REQUEST: The applicant is proposing to rezone the site from I-2, Light Industrial District to PID to allow the site to be used for future development with a specific list of uses and the allowance of the underlying I-2, Light Industrial District uses. The uses identified by the applicant as potential uses include Inside eating place with bar, Auctions and fundraisers for charity, Studio, broadcast/recording, Recorded/live music/dance, Activities, group meeting, birthday parties. There are no modifications proposed to the parking area. Only cosmetic repairs will be completed to the exterior of the building. B. EXISTING CONDITIONS: There is a one-story vacant commercial building located within the east half of the property. The building was previously used as a bowling facility. There is paved parking on the east and west sides of the building, with a paved driveway on the building’s south side. A service drive is located along the north side of the building. Access drives are located along I-30 and Young Road. There is a billboard at the southeast corner of the property and a vacant single-family residential structure at the northwest corner of the tract. There is a mixture of uses in this general area. Mixed light industrial uses are located on the I-2, Light Industrial District zoned property to the north (across Young Road) and west. A vacant single-family structure is located on the I-2, Light Industrial District zoned property to the east. An apartment complex and undeveloped property are located across I-30 to the south. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several phone calls requesting additional information. Letters and calls have also been received expressing opposition to the request from area property owners. Southwest Little Rock United for Progress has called staff stating opposition to the request. All property owners located within 200 feet of the site, all residents, who could be identified, located December 18, 2008 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-2725-B 3 within 300 feet of the site, the Wakefield Neighborhood Association and Southwest Little Rock United for Progress were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Young Road is classified on the Master Street Plan as a collector street. A dedication of right-of-way 30 feet from centerline will be required. No private improvements can be located within the right of way. 2. With site development, provide the design of the street conforming to the Master Street Plan. Construct one-half street improvement to Young Road including 5-foot sidewalk with the planned development. The new back of curb will be located 18 feet from centerline of the existing right-of-way. The back of the new sidewalk will be located at the property line. 3. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The width of driveway must not exceed 36 feet. The east and west driveways should be constructed with concrete aprons. The driveway in the center of the property should be removed. 4. All driveways shall be concrete aprons per City Ordinance. 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. Obtain permits prior to doing any street cuts or curb cuts. Obtain barricade permit prior to doing any work in the right-of-way. Contact Traffic Engineering at (501) 379-1805 (Travis Herbner) for more information. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: Approved as submitted. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. December 18, 2008 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-2725-B 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 Geyer Springs West Planning District. The Land Use Plan shows Industrial for this property. The applicant has applied for a rezoning from I-2 Light Industrial to Planned Industrial Development. A Land Use Plan amendment is not required. Master Street Plan: This application has frontage on Interstate 30 and on Young Road. Young Road is shown as a Collector. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class III bike route is shown along Young Road. A Class III bikeway is a signed route on a street shared with traffic. No additional paving or right-of-way is required. Class III bicycle route signage may be required. Neighborhood Action Plan: The Geyer Springs/Wakefield Neighborhood Plan covers this area. The Zoning and Future Land Use goal states: “Encourage developers to use the Planned Zoning Development (PZD) form of zoning rather than straight zoning to ensure appropriate businesses are brought into the neighborhood.” Landscape: 1. The site plan must comply with the City’s minimal landscape and buffer ordinance requirements. 2. If the rehabilitation costs exceed fifty percent (50%) of the replacement cost of the building, then the parking lot and associated landscaping must be in full compliancy with both the buffer ordinance and the landscape ordinance. 3. All the landscaping, fencing, and dumpster enclosures should be in good condition or replaced in conjunction with this application. December 18, 2008 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-2725-B 5 G. SUBDIVISION COMMITTEE COMMENT: (November 20, 2008) Mr. McGee was present representing the request. Staff presented an overview of the request stating there were additional items necessary to complete the review process. Staff requested Mr. McGee clearly define the proposed use identified as Recorded/Live music/Dance. Staff stated based on the square footage of the building and the number of parking spaces located on the site the plan appeared to be 30 spaces short of the typical ordinance requirements for the uses identified. Staff also questioned the days and hours of operation, dumpster locations and hours of service and requested Mr. McGee provide a signage plan. Public Works comments were addressed. Staff stated Young Road was classified on the Master Street Plan as a collector street. Staff stated a dedication of right of way 30 feet from centerline was required. Staff also stated one-half street improvements were required to Young Road with the new sidewalk being located at the back of curb. Staff stated the driveways did not meet the current ordinance standard. Staff stated the east and west drives should be constructed with concrete aprons limited to 36 feet in width. Staff stated the center drive should be removed. Landscaping comments were addressed. Staff stated if the rehabilitation cost exceeded fifty percent of the replacement cost of the building, then the parking lot and associated landscaping were required to be in full compliance with the City’s landscape and buffer ordinances. Staff stated all fencing, existing landscaping and dumpster screening should be in good condition or replaced in conjunction with any modifications to the building or parking areas. Staff noted comments from the various other reporting departments and agencies suggesting the applicant contact these agencies for additional information. There being no further issues for discussion, the Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised cover letter to staff addressing a number of the issues raised at the November 20, 2008, Subdivision Committee meeting. Since the applicant does not have a final user for the building, he has identified a number of potential future uses for the site in addition to the current I-2, Light Industrial District zoning district uses. The request is to also allow a restaurant with bar service and active recreational game activities including amusement machines, pool and foosball tables. Also identified as a potential use of the building is to host events such as civic club meetings, birthday parties, family December 18, 2008 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-2725-B 6 reunions, banquets, youth groups, business and church events and/or charitable auctions/fund raising. These events potentially will include music either as recorded music or by a live presentation. The events also may include dance by the participants. A studio, broadcast and recording has also been requested. The hours of operation proposed are from Noon to 1:00 am daily. A dumpster for the site will be located on the southeast corner of the building with a privacy fence enclosure as required by Section 36-523. No limits on the hours of dumpster service have been provided. The existing sign will be renovated to serve the site. The total height and area of the sign has not been identified. Staff recommends any future signage be limited to the total height and area of signage allowed in industrial zones or a maximum height of 30 feet and a maximum sign area of 72 square feet. An antique fire truck is located in front of the building. The fire truck will be utilized in the signage design. Some neon or lighted signage may be designed in association with the fire truck. No larger display or electronic board is planned. Staff recommends all building signage comply with Section 36-554 or a maximum of ten percent of the façade with street frontage. The existing billboard is proposed to remain. The building contains 33,775 gross square feet and there are 307 parking spaces on the site. Based on the uses proposed, the parking typically required would be one space per 100 gross square feet of floor area, resulting in the need for 337 parking spaces. There are no exterior modifications proposed to the parking lot area, landscaping or expansion to the existing building. Only modifications to the interior of the structure and cosmetic repairs will be completed to the exterior of the building. As indicated in the landscaping comments, if the rehabilitation costs exceed fifty percent (50%) of the replacement cost of the building, then the parking lot and associated landscaping must be brought into full compliance with both the buffer ordinance and the landscape ordinance. Staff has concerns with the request and a number of the uses identified as potential uses for the site. The requested restaurant use and the recording studio are allowable uses under the site’s current zoning of I-2, Light Industrial District. Staff considers a number of the potential uses identified by the applicant as inside commercial amusement since this definition most closely defines the use and activities proposed. Amusement, commercial, inside is defined as an amusement enterprise wholly enclosed in a building, including, but not limited to December 18, 2008 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-2725-B 7 a bowling alley, billiard parlor, or a facility intended for dancing whether or not a fee is charged for admission. These type activities are typically allowed in commercial zones. There are also concerns about the scope of some of the proposed uses. Allowing some uses could open the door to functions that more closely resemble a private club, bar or lounge. As stated in the analysis section of the rezoning request withdrawn from consideration by the Commission at their November 13, 2008, public hearing staff does not feel this site is appropriate for these type of commercial uses. The property is located in an area of industrially zoned and used property. The industrial zoning in the area encompasses approximately 150 acres and is developing with industrial park uses. Staff feels the site can easily be developed for an industrial use to compliment the activities taking place in the area without a change in the zoning classification. I. STAFF RECOMMENDATIONS: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (DECEMBER 18, 2008) The applicant was not present. Staff presented the item stating the applicant had contacted them on December 12, 2008, requesting a deferral of the item to the February 5, 2009, public hearing. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The chair entertained a motion of approval of the item as recommended by staff. The motion carried by a vote of 6 ayes, 0 noes, 2 absent and 3 open positions. December 18, 2008 ITEM NO.: 6 FILE NO.: Z-3143-C NAME: LaQuinta Inn Revised Short-form PCD LOCATION: Located at 901 Fair Park Boulevard DEVELOPER: Quattlebaum, Grooms, Tull and Burrow, PLLC 111 Center Street, Suite 1900 Little Rock, AR 72201 ENGINEER: Samuel L. Davis Consulting Engineers Little Rock, AR AREA: 0.76 acres NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF CURRENT ZONING: PCD ALLOWED USES: Hotel and Restaurant PROPOSED ZONING: Revised PCD PROPOSED USE: Hotel, Restaurant and Medical Office VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: Ordinance No. 14,135 adopted by the Little Rock Board of Directors on October 20, 1981, established the LaQuinta PCD. The site contained 4.43 acres and was proposed for development with six buildings including a restaurant, three buildings designated for a Motor Inn and two office buildings. Ordinance No. 14,824 adopted by the Little Rock Board of Directors on February 19, 1985, allowed a revision to the previously approved site plan by removing the office portion of the development, creating an additional lot and allowing a convenience store with gas pumps to be constructed on the newly created lot near the southern portion of the development. December 18, 2008 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-3143-C 2 A. PROPOSAL/REQUEST: The applicant is now proposing an amendment to the previously approved PCD to add medical office as an allowable use for the formerly used restaurant building. The property has been a commercial use for many years, but it has been vacant for over two and a half years. The medical office proposed is a chiropractic clinic open Monday through Friday from 8:30 am to 7 pm. At it’s opening, the clinic will be operated by one chiropractor. The clinic foresees adding a maximum of two more chiropractors, for a total of three. The clinic will see approximately fifty patients per day. In terms of other staffing, the clinic will employ approximately nine employees, plus one medical doctor. Potentially, a nurse will be hired by the clinic to assist the medical doctor. B. EXISTING CONDITIONS: The site contains a vacant restaurant building located along Fair Park Boulevard with the LaQuinta Inn located on the same parcel of property. South of the site is a convenience store with gas pumps and west of the site (across Fair Park Boulevard) is a daycare center. This area of Fair Park contains a number of uses including commercial, office and residential. To the east of the site located along South Tyler Street are residential homes. Archild development center occupies several structures along West 10th Street, east of Fair Park. 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, the Oak Forest Initiative Coalition and the Fair Park Residents Association were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. The required right of way is already in place. 2. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: Approved as submitted. December 18, 2008 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-3143-C 3 Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW's Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Approved as submitted. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the I-630 Planning District. The Land Use Plan shows Mixed Use for this property. The applicant has applied for a revision to a previously approved Planned Commercial Development to add a medical office use as an allowable use for the former restaurant building. The request does not require a change to the Land Use Plan. Master Street Plan: Fair Park Boulevard 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 Fair Park since it is a Minor Arterial. This street may require dedication of right-of- way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class III bikeway is shown along Fair Park 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: The Oak Forest Neighborhood Action Plan covers this area. The Economic Development goal states: “Fill vacant commercial buildings with uses that are compatible with the neighborhood.” December 18, 2008 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-3143-C 4 Landscape: 1. The site plan must comply with the City’s minimal landscape and buffer ordinance requirements. 2. If the rehabilitation costs exceed fifty percent (50%) of the replacement cost of the building, then the parking lot and associated landscaping must be in full compliancy with both the buffer ordinance and the landscape ordinance. 3. All the landscaping, fencing, and dumpster enclosures should be in good condition or replaced in conjunction with this application. G. SUBDIVISION COMMITTEE COMMENT: (November 20, 2008) The owner’s representative was present. Staff presented an overview of the development stating there were few outstanding technical issues associated with the request. Staff questioned the proposed signage plan. Staff also questioned if the existing monument sign located at the intersection of Fair Park and I-630 would be used for the medical office. Public Works comments were addressed. Staff stated the required right of way was in place for Fair Park Boulevard. Staff stated any broken curb, gutter or sidewalk that was damaged in the public right of way would require replacement prior to occupancy. Landscaping comments were addressed. Staff stated if the rehabilitation cost exceeded fifty percent of the replacement cost of the building then the parking lot and building landscaping was required to be in full compliance with the landscape and buffer ordinances. Staff stated all landscaping fencing and dumpster enclosures should be in good condition or replaced in conjunction with any permitting activity for the building or parking area. Staff noted comments from the various other reporting departments and agencies suggesting the applicant contact these agencies for additional information. There being no further issues for discussion, the Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised cover letter to staff addressing most of the issues raised at the November 20, 2008, Subdivision Committee meeting. The applicant has provided the proposed signage plan and noted no monument sign December 18, 2008 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-3143-C 5 is proposed to serve the proposed office user. According to the applicant the building will have one sign on the western façade that is approximately 3 1/2 feet tall by 20 feet long. Another sign of the same size is proposed on the northern façade. Lettering on both signs will be Capital Health Care with a white background and blue lettering. Staff recommends if ground signage is used the signage be limited to a monument style sign with a maximum height of ten feet and a maximum sign area of 100 square feet. The only change to the approved PCD is to add a medical office use as an allowable use for the former restaurant building. The medical office proposed is a chiropractic clinic with the hours of operation of Monday through Friday from 8:30 am to 7 pm. One chiropractor and staff will initially operate from the facility. A maximum of three chiropractors and their required staff will be added in the future with the potential addition of a medical doctor and nursing staff. The clinic will see approximately fifty patients per day. Staff is supportive of the request to revise the PCD to add a medical office as an allowable use to the previously approved PCD within the former restaurant building. Staff feels the office component is a good mix for the area and will not significantly impact the traffic pattern in the area. 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 any future ground signage for the medical office building be limited to a maximum height of 10 feet and a maximum sign area of 100 square feet. PLANNING COMMISSION ACTION: (DECEMBER 18, 2008) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of withdrawal of the item. Staff stated the applicant had requested withdrawal of the item on December 17, 2008. Staff stated the withdrawal request would require a waiver of the Commission’s By-laws with regard to the late withdrawal request. Staff stated they were supportive of the withdrawal request. There was no further discussion of the item. The chair entertained a motion of approval of the By-law waiver request with regard to the late withdrawal request. A motion was December 18, 2008 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-3143-C 6 made to approve the waiver request. The motion carried by a vote of 6 ayes, 0 noes, 2 absent and 3 open positions. The chair entertained a motion of approval of the item as recommended by staff. The motion carried by a vote of 6 ayes, 0 noes, 2 absent and 3 open positions. December 18, 2008 ITEM NO.: 7 FILE NO.: Z-4524-G NAME: GCC Addition Lot 2 Short-form POD LOCATION: Located at 13000 Cantrell Road DEVELOPER: JGS IV, Inc. c/o Gregory Saad 3601 Spring Hill Business Park, Suite 200 Mobile, AL 36608 ENGINEER: Development Consultants, Inc. c/o Robert Brown 2200 North Rodney Parham Road, Suite 220 Little Rock, AR 72212 AREA: 2.90 acres NUMBER OF LOTS: 2 FT. NEW STREET: 0 LF CURRENT ZONING: O-2, Office and Institutional District ALLOWED USES: Office and Institutional Uses PROPOSED ZONING: POD PROPOSED USE: O-2, Office and Institutional District Uses – Variation from the Highway 10 DOD to allow the creation of lots with less than the typical 2-acre minimum lot size. VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: The request is a rezoning to POD to allow the subdivision of an existing 2.9-acre lot into two lots with lot areas less than the two-acre typical minimum requirement per the Highway 10 Design Overlay District. Proposed Lot 2A will contain 1.33 acres and proposed Lot 2B will contain 1.57 acres. Lot 2A contains an existing 6,740 square foot office building and Lot 2B is proposed with a 8,000 square foot office building. The two lots are proposed to share a single ground mounted monument sign with a maximum height of 10 feet and a December 18, 2008 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-4524-G 2 maximum sign area of 100 square feet. No new drives are proposed from Cantrell Road. B. EXISTING CONDITIONS: On the eastern portion of the lot there is an office building containing an insurance agency and the western portion of the lot is wooded. The site is accessed from an existing common access easement located along the eastern perimeter and a driveway located on Cantrell Road. The area contains a number of uses including office and retail uses. The Center at 10 is located south of this site which is a mixed use development containing a multi-story office building, a bank and retail. East of the site is a single story office building currently operating as an abstract company and north of the site is a church. 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, the Pankey Community Improvement District and the Coalition of West Little Rock Neighborhoods were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Sidewalks with appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan along the west side of the private street from Highway 10. Sidewalk must be extended along Cantrell Road to the western property line. 2. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 3. Storm water detention ordinance applies to this property. 4. 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. 5. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: No comment received. December 18, 2008 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-4524-G 3 Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: No objection to plans for Lot 2A. For the development of Lot 2B: All Central Arkansas Water requirements in effect at the time of request for water service must be met. A Capital Investment Charge based on the size of connection(s) will apply to this project in addition to normal charges. This fee will apply to all meter connections including any metered connections off the private fire system. On-site private fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). Fire Department: 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 Bus Route #25 – the Highway 10 Express Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the River Mountain Planning District. The Land Use Plan shows Office for this property. The applicant has applied for a rezoning from O-2, Office and Institutional District to Planned Office Development to allow the creation of two lots with lot sizes less than the typical lot size required per the Highway 10 Design Overlay District. The request does not require a change to the Land Use Plan. Master Street Plan: Cantrell Road is a Principal Arterial. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Cantrell Road since it is a Principal Arterial. 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: The River Mountain Neighborhood Plan covers this area, but the Plan does not address this issue. December 18, 2008 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-4524-G 4 Landscape: 1. The site plan must comply with the City’s landscape and buffer ordinance requirements. 2. This application will be reviewed as an overall development plan. The Highway 10 Overlay District requirements are applicable to each of the lots at the time of development. A landscape plan stamped with the seal of a registered landscape architect and an automatic irrigation system will be required for each of the individual lots. 3. 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: (November 20, 2008) Mr. Robert Brown of DCI and Mr. Todd Rice of Hathaway International were present representing the owner. Staff presented an overview of the development stating there were few outstanding issues associated with the request. Staff stated they did not typically support the creation of lots with less than the two-acre minimum lot size without a development plan. Staff stated Mr. Brown had provided a site plan to include a building footprint, landscaping and parking lot layout on the second lot. Public Works comments were addressed. Staff stated the storm water detention ordinance would apply to development of the site. Staff also stated sidewalks with appropriate handicap ramps were required along the west side of the private street from Highway 10. Landscaping comments were addressed. Staff stated at the time of development or redevelopment of either of the lots, a landscape plan stamped with the seal of a registered landscape architect was required. Staff stated irrigation for each of the lots was also required. Staff noted comments from the various other reporting departments and agencies suggesting the applicant contact these agencies for additional information. There being no further issues for discussion, the Committee then forwarded the item to the full Commission for final action. December 18, 2008 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-4524-G 5 H. ANALYSIS: The applicant submitted a revised site plan to staff addressing most of the issues raised at the November 20, 2008, Subdivision Committee meeting. At the time of future development or redevelopment of the property, a landscape plan stamped with the seal of a registered landscape architect will be provided and each of the lots will be irrigated to water landscaped areas. Sidewalks with appropriate handicap ramps will also be installed. The property is currently zoned O-2, Office and Institutional District and is located within the Highway 10 Design Overlay District. The site is an existing platted lot containing 2.9-acres. The applicant is requesting to create two lots with lot sizes less than the two-acre typical minimum requirement per the Highway 10 Design Overlay District. Proposed Lot 2A will contain 1.33 acres and proposed Lot 2B will contain 1.57 acres. The applicant is requesting O-2, Office and Institutional District uses as allowable uses for the lots. Lot 2A contains an existing 6,740 square foot office building and Lot 2B is proposed with a 8,000 square foot office building. Lot 2A contains 34 parking spaces and Lot 2B is proposed with 29 parking spaces. Based on the typical ordinance standards for an office development, the parking proposed for the individual lots is more than adequate to serve the lots. The two lots are proposed to share a single monument sign with a maximum height of 10 feet and a maximum sign area of 100 square feet. The signage proposed is consistent with signage allowed per the Overlay. Building signage is proposed consistent with signage typically allowed in office zones. The office hours of operation are from 7 am to 5 pm Monday through Friday. The hours of dumpster service are limited to daylight hours. Per the Highway 10 Design Overlay District, parking lot lighting shall be designed and located in such a manner so as not to disturb the scenic appearance preserved in the corridor. Lighting should be directed to the parking areas and not reflected into the adjacent neighborhoods. The note indicates site lighting will comply with typical ordinance standards for the Highway 10 Design Overlay District. The site plan indicates building setbacks and landscaping per the typical Highway 10 Design Overlay District standards. No new drives are proposed from Cantrell Road. The site plan indicates the placement of a dumpster facility for the new lot within the rear yard area. December 18, 2008 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-4524-G 6 The following chart is a summary of the Overlay requirements and the applicant’s proposal related to the typical ordinance requirements. 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 2A contains 1.33 acres Lot 2B contains 1.57 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 proposed for Lot 2B is set in excess of the 40-foot rear yard setback. The building located on Lot 2A is existing and also has a rear yard building setback in excess of 40-feet. Side yard. Side yard shall not be less than thirty (30) feet. The side yard is setback proposed for Lot 2B is in excess of the 30-foot side yard setback. The building located on Lot 2A is existing and has a side yard building setback in excess of 30 feet. 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. Attempts will be made to incorporate existing on-site trees and shrubbery into the landscape scheme and plans at the time of development of Lot 2B. 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 other 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 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, brick wall or dense evergreen plantings to screen the vehicular use areas December 18, 2008 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-4524-G 7 of forty-two (42) inches above the elevation of the adjacent street. Alternative screening methods and designs must be approved by the plans review specialist. Appeals from the staff will be directed to the planning commission. Within the landscaped area trees shall be planted or be existing at least every twenty (20) feet and have a minimum of two (2) inches in diameter when measured twelve (12) inches from the ground at time of planting. Where a developer demonstrates that this requirement will constitute an undue hardship, a landscaped area exclusive of right-of-way may consist of a minimum of twenty-five (25) feet. In those instances only, a half-berm shall be constructed which is a minimum of three (3) feet in height with tree plantings as required herein; provided however, that this provision may only be applied to a maximum of twenty (20) percent of the highway frontage affected in the plans submitted. as typically required per the Highway 10 Design Overlay District. 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 side and rear yards shall have a landscape strip averaging a minimum of 25-feet from the property line. 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- Building signage will comply with signage allowed in Chapter 36 of the Little Rock Code of Ordinances. The development will utilize a commercial development sign with a maximum height of ten feet and a maximum sign area of 100 square feet to be shared between the two users. December 18, 2008 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-4524-G 8 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. A single sign for each of the individual lots will not be utilized. Curb cuts. Maximum, one (1) curb cut per three hundred (300) feet and no curb cut closer to an intersection than one hundred (100) feet. No new curb cuts are proposed with the development. Lighting. Parking lot lighting shall be designed and located in such manner so as not to disturb the scenic appearance preserved in this corridor. Lighting should be directed to the parking areas and not reflected into the adjacent neighborhoods. Lighting shall comply with the DOD standards. Lighting will be directed to the parking areas and not reflect into the adjacent neighborhoods. Building sites. The maximum number of buildings per commercial development shall be measured both by minimum tract size and minimum frontage as follows: One (1) building every two (2) acres. The site contains 2.9 acres and is proposed with two lots and a single building on each of the lots. 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 The request is to rezone the site from O-2, December 18, 2008 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-4524-G 9 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. Office and Institutional District to POD to allow the creation of lots less than the two (2) acre typical minimum lot size requirement. Although the site plan does not fully comply with the typical Highway 10 Design Overlay District standards, staff does not feel the area of non-compliance will significantly impact the development or the corridor. The only variance from the Overlay is to allow lots less than two (2) acres. The ordinance states there shall be a minimum development tract size of not less than two (2) acres. The development is proposed to create two lots containing 1.33 and 1.57 acres, which are both less than the typical minimum standard. Lot 2A is developed with an office building meeting all the landscaping and setback requirements and Lot 2B is proposed complying with all setback and landscaping requirements typically imposed per the Overlay. Staff is supportive of the request. Staff does not feel the creation of office lots with lot sizes less than the two acre typical ordinance standard per the Highway 10 Design Overlay District will significantly impact the development or the area. In the general area around the Sam Peck/Cantrell Road intersection, there are several smaller office buildings on tracts which are less than two (2) acres in size. Staff believes it is appropriate to allow more dense development, utilizing smaller lots, within established nodes, including the office/mixed node around this intersection. The lots as proposed meet all other aspects of the Highway 10 Design Overlay District. To staff’s knowledge there are no remaining 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. December 18, 2008 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-4524-G 10 PLANNING COMMISSION ACTION: (DECEMBER 18, 2008) The applicant was present. There were no registered objectors present. Staff presented a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. There was no further discussion of the item. The chair entertained a motion of approval of the item as recommended by staff. The motion carried by a vote of 6 ayes, 0 noes, 2 absent and 3 open positions. December 18, 2008 ITEM NO.: 8 FILE NO.: Z-4923-G NAME: Shackleford Crossing Lot 1 Revised Long-form PCD (Cracker Barrel) LOCATION: Located at 2618 South Shackleford Road DEVELOPER: Cracker Barrel c/o Cindy Gray 2618 South Shackleford Road Little Rock, AR 72205 ENGINEER: Design and Engineering 5105 Maryland Way Suite 200 Brentwood, TN 37027 AREA: 2.5 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: PCD ALLOWED USES: Mixed Use Shopping Center PROPOSED ZONING: Revised PCD PROPOSED USE: Mixed Use Shopping Center – Add temporary storage modules on the site for inventory storage VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: The Little Rock Board of Directors adopted Ordinance No. 19,237 on November 23, 2004, approving a Conceptual PCD known as Shackleford Crossing Long-form PCD, which was located at the southwest corner of South Shackleford Road and Interstate 430. The conceptual plan included the north 62 acres being developed with C-2, Shopping Center District permitted uses, the south 20 acres being O-2, Office and Institutional District permitted uses and the middle 15 acres being a transition area where O-2, Office and Institutional District and C-2, Shopping Center District permitted uses would be allowed. The plan also showed four out parcels along the Shackleford December 18, 2008 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-4923-G 2 Road frontage, with three main entry drives from Shackleford Road. The total project would consist of 1,000,000 square feet of gross building area. Ordinance No. 19,399 adopted by the Little Rock Board of Directors on September 20, 2005, established revisions to the previously approved PCD. The approval defined the site plan for Phase I, the commercial portion of the project and one of the office lots. With the request, a preliminary plat for the subdivision of the site with sixteen lots and out-parcels was also approved. The approved site plan included an area previously excluded containing the Comcast office tract on Shackleford Road and incorporated the area into the overall project plan. All the conditions that were a part of the previously approved Conceptual PCD were incorporated into the submittal with one revision. The one change requested from the prior conditions was to increase the allowable restaurant square footage and place a minimum parking ratio requirement for restaurants on the site as imposed by the developer: Commercial/Retail buildings constructed on the property shall not exceed a total of 750,000 square feet of gross floor area, with a maximum of 40,000 square feet of restaurant uses on out parcels and 35,000 square feet of restaurant uses on the balance of project with a total maximum restaurant use for the entire property not to exceed 65,000 square feet. Additionally, all restaurants shall have a parking ratio of not less than 12 spaces per 1,000 square feet calculated independently of retail parking ratios. Ordinance No. 19,699 adopted by the Little Rock Board of Directors on February 20, 2007, revised the PCD to clarify the signage plan, allow dock doors to be oriented to Shackleford Road and add food store as an allowable use for the site. On May 8, 2008, the Little Rock Planning Commission recommended approval of a request to allow a revision to the previously approved PCD for a 2.2-acre parcel located near the southeastern portion of the site immediately south of the proposed Big Box retail store. The approval allowed for development of a four story 92 room hotel with paved drives and parking. The hotel was not proposed with any amenities such as conference rooms, a restaurant or a bar. The Board of Directors approved the request on June 3, 2008, by the adoption of Ordinance No. 19,980. On July 15, 2008, the Little Rock Board of Directors approved a revision to the PCD by the adoption of Ordinance No. 19,994 to clarify and amend some of the language in the conditions and to add a hotel footprint to the approved site plan. The modifications include the addition of Conditional Uses in the O-2, Office and Institutional Zoning District to the allowable uses and to increase the amount of restaurant square footage approved for the development. The revision allowed 55,000 square feet of restaurant space on the out parcels and a maximum of 80,000 square feet within the overall development. December 18, 2008 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-4923-G 3 The hotel was proposed on Lot 11 near the southwest corner of the site. The hotel was indicated with a maximum of four stories and 87 rooms. The hotel would not have a restaurant or bar associated with it but a 1,200 square foot meeting room was proposed. A. PROPOSAL/REQUEST: The applicant is now requesting a revision to the previously approved PCD to add temporary storage on the site via two storage modules to be placed on the out-lot occupied by Cracker Barrel Restaurant. The storage modules are proposed to be 40 feet in length and 8 feet in width and are proposed to be behind the restaurant building. The delivery of the storage modules is proposed to be staggered with the first storage module delivered on July 1st and the 2nd delivered on September 1st yearly. The storage modules will be removed from the site no later than February 15th of each year. Items to be stored in the storage modules are stock and inventory of retail merchandise and fixtures that cannot be stored in the stock room of the existing building. No perishable items are proposed for storage. B. EXISTING CONDITIONS: The shopping center has developed and site work is completed for the Wal-Mart Super Center but construction has yet to begin. Along the southern portion of the site a new hotel is under construction and Comcast is currently under review for an expansion. The street work adjacent to the site has been completed and all access drives within the shopping center are completed. 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, the John Barrow Neighborhood Association and the Sandpiper Neighborhood Association were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: No comment. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. December 18, 2008 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-4923-G 4 Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: Care must be taken not to block any water meters or access to fire protection. Fire Department: The storage modules may not be placed within the fire access lane. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the I-430 Planning District. The Land Use Plan shows Mixed Office Commercial for this property. The applicant has applied for a revised Planned Commercial Development to allow storage modules in the Cracker Barrel parking lot. The request does not require a change to the Land Use Plan. Master Street Plan: South Shackleford 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. Bicycle Plan: There are no bike routes in this immediate vicinity. Neighborhood Action Plan: The John Barrow Neighborhood Action Plan covers this area, but the Plan does not address this issue. Landscape: 1. The site plan must comply with the City’s landscape and buffer ordinance requirements. 2. All landscaping must be in good condition or replaced in conjunction with this application. December 18, 2008 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-4923-G 5 G. SUBDIVISION COMMITTEE COMMENT: (November 20, 2008) The applicant was not present. Staff presented an overview of the request stating there were no outstanding technical issues associated with the request. There being no further issues for discussion, the Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: There were no outstanding technical issues associated with the request in need of addressing raised at the November 20, 2008, Subdivision Committee meeting. The applicant is requesting a revision to the previously approved PCD to add temporary storage on the Cracker Barrel site via two storage modules. The storage modules are proposed to be 40 feet in length and 8 feet in width and are proposed to be behind the restaurant building. The delivery of the storage modules is proposed to be staggered with the first module delivered on July 1st and the 2nd storage module delivered on September 1st yearly. The storage modules will be removed from the site no later than February 15th of each year. Items to be stored in the storage modules are stock and inventory of retail merchandise and fixtures that cannot be stored in the stock room of the existing restaurant building. No perishable items are proposed for storage. According to the developers of Shackleford Crossings Shopping Center, they have placed limits on the place the storage modules can be located. The developer has stated the storage modules must be placed behind the building to not be visible from South Shackleford Road. This would place the storage modules within the fire lane. The Fire Department comments state the storage modules cannot be placed within the fire lane. Staff is not supportive of the placement of storage modules to act as inventory storage on this site. Per Section 36-252, “Accessory buildings in certain districts” the ordinance outlines appropriate accessory building construction specifications. The ordinance states accessory buildings are to be specifically designed and constructed for the purpose of serving as an accessory building and items such as cargo containers, truck boxes and trailers, train cars and cabooses, mobile homes, manufactured homes and recreational vehicles or trailers shall not be deemed appropriate to serve as an accessory building. Although this section of the ordinance applies to residential zoning districts, staff feels it applicable to accessory buildings in other zones as well. The approval will allow one or more storage modules to be on the site for seven and one-half months of the year. The fire department has indicated the storage modules cannot be located within the fire access drive. Staff feels based on the fire department comment and the time frame requested for the storage modules to be located on the site, the December 18, 2008 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-4923-G 6 applicant should construct a permanent building for inventory storage. Staff feels the building construction should be of an architectural style and materials that would match the existing building. I. STAFF RECOMMENDATIONS: Staff recommends denial of the request as filed. PLANNING COMMISSION ACTION: (DECEMBER 18, 2008) The applicant was present. There were registered objectors present. Chairman Taylor stated when there were eight (8) or fewer Commissioners present the practice of the Commission had been to allow the applicant the option of deferral of an item to a subsequent meeting. He questioned if the applicant desired a deferral of the item to the January 8, 2009, public hearing. Ms. Cindy Gray stated his desire was to defer the item to the January 8, 2009, public hearing. There was no further discussion of the item. The chair entertained a motion of approval of the item for deferral to the January 8, 2009, public hearing. The motion carried by a vote of 6 ayes, 0 noes, 2 absent and 3 open positions. December 18, 2008 ITEM NO.: 9 FILE NO.: Z-6323-L NAME: The Village at Rahling Road Lot 9B Revised PCD LOCATION: Located at 24 Rahling Circle DEVELOPER: PPD Properties, LLC 24 Rahling Circle Little Rock, AR 72223 ENGINEER: White Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 0.57 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: PCD ALLOWED USES: Mixed Use Shopping and Office PROPOSED ZONING: Revised PCD PROPOSED USE: Mixed Use Shopping and Office – Add covered parking within the rear parking lot area of Lot 9B VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: On August 5, 1997, the Board of Directors adopted Ordinance No. 17,542 which established The Village at Rahling Road Long-form PCD. The PCD established a 14-lot development with C-2 uses being permitted. The initial action approved a site plan for Lots 1 and 2 of the development with the intent being that each of the remaining lots would be brought to the Commission on an individual basis as a particular development was proposed. Subsequent actions have been approved to allow several small office buildings on the properties within the development. December 18, 2008 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-6323-L 2 A. PROPOSAL/REQUEST: The applicant is requesting a revision to the previously approved PCD to allow the placement of a covered parking structure and a three-car garage within the rear parking lot of this existing office building. According to the site plan the existing seven northern parking spaces will be covered with a metal parking canopy. The color is to match the existing office building. A three-car garage structure is proposed within the southern parking area. The garage is proposed to be 24-feet by 36-feet with the façade constructed to match the existing office building. B. EXISTING CONDITIONS: The Village at Rahling Road is developing as a mixed-use development with the retail uses located in a two-story building fronting Rahling Road and smaller office uses located to the rear of the development in individual office buildings. Some of the office uses within the development include a branch bank, branch of the Central Arkansas Library System, veterinary clinic, medical clinic, mortgage company and engineering office. The access drives are in place. There is a centralized parking lot to serve the development and each of the office buildings has parking located within the rear yard. 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 and the Coalition of West Little Rock Neighborhoods were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: No comment. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: No objection. December 18, 2008 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-6323-L 3 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 Chenal Planning District. The Land Use Plan shows Community Shopping for this property. The applicant has applied for a revision to a previously approved zoning site plan to allow covered parking for an office building. There is no use change with this application, so this request does not require a change to the Land Use Plan. Master Street Plan: Rahling Circle is a Local Street. The primary function of a Local Street is to provide access to adjacent properties. Local Streets, which are abutted by non-residential zoning/use or more intensive zoning than duplexes, are considered as “Commercial Streets”. These streets have a design standard the same as a Collector. The street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class I Bikeway is shown along Rahling 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 City of Little Rock recognized Neighborhood Plan. Landscape: 1. The site plan must comply with the City’s landscape and buffer ordinance requirements. 2. All the landscaping, fencing, and dumpster enclosures should be in good condition or replaced in conjunction with this application. G. SUBDIVISION COMMITTEE COMMENT: (November 20, 2008) The applicant was not present. Staff presented an overview of the development to the Committee members stating there were no technical issues in need of addressing raised from the various reporting departments and agencies. Staff December 18, 2008 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-6323-L 4 stated they had received a phone call from an abutting property owner questioning the use of metal. Staff stated the applicant was meeting with the neighbor and the Chenal Architectural Review Committee to address any concerns related to design they may have. There being no further issues for discussion, the Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: There were no technical issues raised at the November 20, 2008, Subdivision Committee meeting in need of addressing. The applicant is seeking approval of a revision to the approved PCD to allow the placement of a garage structure and covered parking within the rear parking lot area. The property is located within the Village at Rahling Road Shopping Center which has developed with a mixture of office and commercial uses. Adjacent to the applicant’s property there are a number of small office buildings both one and two story with rear yard parking lots to serve the employees and a centralized parking area to serve clients and guest. There are no other modifications proposed to the site including building footprint, landscaping, parking lot layout, signage or hours of operation. Six (6) of the existing seven (7) northern parking spaces will be covered with a metal canopy constructed of a color matching the existing office building. A three-car garage structure will be constructed along the southern perimeter removing four parking spaces. The garage is proposed to be 24-feet by 36-feet with the façade constructed to match the existing office building. The site contains sufficient parking and the removal of one space will not impact the available on-site parking. Staff is supportive of the request. The proposed covered parking construction is located within the rear yard area and will be screened from the street by the existing office building. The property to the south is zoned O-2, Office and Institutional District and is developed with a multi-story office building. Staff does not feel the construction of the covered parking areas to the rear of the building will create an adverse impact on the site or the adjacent office buildings. Prior to construction the applicant must seek approval from the Chenal Design Review Committee concerning construction materials and color choices. Staff recommends the applicant provide an approval from this committee prior to the issuance of a building permit for the covered parking areas. To staff’s knowledge there are no outstanding technical issues associated with the request. Staff does not feel the revision to the PCD to allow the covered parking within the rear yard parking lot area will impact the adjoining properties. December 18, 2008 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-6323-L 5 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 applicant provide the approval from the Chenal Design Review Committee prior to the issuance of a building permit for the covered parking areas. PLANNING COMMISSION ACTION: (DECEMBER 18, 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 presented a recommendation the applicant provide approval from the Chenal Design Review Committee prior to the issuance of a building permit for the covered parking areas. There was no further discussion of the item. The chair entertained a motion of approval of the item as recommended by staff. The motion carried by a vote of 6 ayes, 0 noes, 2 absent and 3 open positions. December 18, 2008 ITEM NO.: 10 FILE NO.: Z-7626-A NAME: Joe T Robinson Middle School Long-form PD-O LOCATION: Located at 21001 Highway 10 DEVELOPER: Pulaski County Special School District 925 East Dixon Road Little Rock, AR 72066 ENGINEER: Crafton, Tull, Sparks and Associates 10825 Financial Center Parkway, Suite 300 Little Rock, AR 72211 AREA: 67.94 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family with a CUP for a School ALLOWED USES: School PROPOSED ZONING: POD PROPOSED USE: School – Driveway proposed less than the 300 feet typical standard as established by the Highway 10 Design Overlay District VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: The school site is located outside the City limits but within the City’s zoning jurisdiction. The school was constructed many years prior to the City extending zoning to the area. The Little Rock Planning Commission approved a Conditional Use Permit for this site on May 6, 2004. The approval allowed for phased construction of a baseball field, a softball field, a gymnasium and additional parking. Phase I consisted of a baseball field, 10 parking spaces and a maintenance access drive. Phase II consisted of a softball field. Phase III, anticipated in 2 to 5 years from the approval, consisted of a gymnasium and an 80-space parking lot. The baseball field and gymnasium were to replace December 18, 2008 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-7626-A 2 facilities located on property owned by Deltic Timber. The ball fields were to be fenced and lighted and would include spectator seating areas. The lighting would be directed onto the fields. An architect had not yet designed the Phase III gymnasium so specifics of building material were not available. The height of the building was limited to 45 feet. The gymnasium and Phase III parking were to be constructed to the Highway 10 Design Overlay District standards for setbacks and buffers. The ball fields and gymnasium were anticipated to be used seven days per week from 8:00 am to 10:00 pm. The facilities would be available for use by groups other than the Joe T Robinson School students. A. PROPOSAL/REQUEST: The applicant is seeking a rezoning of the site from R-2, Single-family to Planned Office Development to allow the existing school to place a new drive inconsistent with the typical standards established by the Highway 10 Design Overlay District. The property currently experiences significant congestion within the site and on Highway 10 during peak traffic hours. This is due to bus and vehicular traffic using a common driveway to access the site and several turning conflicts on Highway 10. Construction of the new driveway and parking lot are intended to allow for the separation of bus and vehicular traffic by a new concrete plaza adjacent to the proposed building addition. These improvements will help to alleviate congestion by improving circulation within the property and eliminating turning conflicts and vehicle stacking on Highway 10. The request includes the construction of a new parking lot and a small building addition. The previous phases of the Conditional Use Permit, which have not been completed, continue to be a part of this request. B. EXISTING CONDITIONS: The site contains a Pulaski County School both a Jr. and High School. An elementary school is located to the northwest of this site. South and west of the site are single-family homes located within the Chenal subdivision. North of the site is wooded, single-family zoned property. Other uses in the area include churches, an automobile repair shop, a photography studio and a small baseball park. 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 and the Coalition of West Little Rock Neighborhoods were notified of the Public Hearing. December 18, 2008 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-7626-A 3 D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. The student drop off driveway must be 2 lanes wide for the entire length. The driveway tapers to one lane near the school building. 2. Provide a letter prepared by a registered engineer certifying the sight distances at the driveways comply with 2004 AASHTO Green Book standards. 3. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. 4. With future site development or expansion, provide the design of the street conforming to the Master Street Plan. Construct one-half street improvement to Highway 10 including 5-foot sidewalk with the planned development. 5. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. 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: Outside the service boundary. No sewer service available. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: The Fire Department having jurisdiction needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer's expense. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department for additional information. Provide an approval letter from the area volunteer fire department concerning the proposed construction. County Planning: Approved as submitted. December 18, 2008 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-7626-A 4 CATA: The site is located on CATA Bus Route #25 – the Highway 10 Express Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Chenal Planning District. The Land Use Plan shows Public Institutional for this property. The applicant has applied for a Planned Office Development to allow an additional driveway on the site, which does not comply with typical Highway 10 DOD standards. There is no use change with this application. The request does not require a change to the Land Use Plan. Master Street Plan: Highway 10 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 Highway 10 since it is a Principal Arterial. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes in the immediate vicinity. Neighborhood Action Plan: This area is not covered by a City of Little Rock recognized Neighborhood Plan. Landscape: 1. The site plan must comply with the City’s landscape and buffer ordinance requirements. 2. All existing fencing, landscaping, and dumpster enclosures should be in good condition or replaced in conjunction with this application. 3. The landscape ordinance requires a minimum of eight percent (8%) of the paved areas be landscaped with interior islands of at least 7 ½ feet in width and 300 square feet in area. 4. An automatic irrigation system to water landscaped areas will be required. 5. Prior to the issuance of a building permit, it will be necessary to provide an approved landscape plan stamped with the seal of a Registered Landscape Architect. December 18, 2008 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-7626-A 5 6. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (November 20, 2008) Mr. Brad Peterson of Crafton, Tull, Sparks and Associates was present representing the school district. Staff presented an overview of the development stating there were a few outstanding technical issues associated with the request. Staff stated the site was located within the Highway 10 Design Overlay District which regulated a number of issues including driveway spacing. Staff stated the request was to allow the placement of a drive which did not meet the Overlay criteria for spacing. Staff requested details for proposed signage, future building additions and expansions and if an electronic sign was being requested. Public Works comments were addressed. Staff stated the student drop off driveway should be two lanes wide for the entire length. Staff stated the design submitted showed the driveway tapering into one lane near the school building. Staff also stated permits for improvements within the right of way were to be obtained from the Highway Department prior to construction. Landscaping comments were addressed. Staff stated the parking encroached into the required 40-foot landscape strip of the Highway 10 Design Overlay District. Staff also questioned if the front yard landscaped area would provide berming or plantings to screen the parking lot areas. Staff noted comments from the various other reporting departments and agencies suggesting the applicant contact these agencies for additional information. There being no further issues for discussion, the Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing a number of the issues raised at the November 20, 2008, Subdivision Committee meeting. The applicant has revised the site plan to address staff’s concerns related to the placement of parking within the front yard landscape area. The applicant has provided details of the proposed building expansion area. The revised cover letter states no electronic signage is proposed with the request. The site is located within the Highway 10 Design Overlay District, which has specific development criteria established. One of the criteria is the placement of driveways and the minimum spacing requirements for drives along the corridor. December 18, 2008 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-7626-A 6 The site currently contains two drives from Cantrell Road. A new drive approximately 280 feet from the eastern-most drive and 160 feet from the western-most drive is proposed. According to the applicant, the additional drive will allow the bus traffic and the vehicular traffic to be separated. The western- most drive will be one-way into the site and the eastern drive will be one-way exiting the site. The plan also includes the addition of a parking lot area containing 41 spaces. The parking lot is proposed north of the existing parking lot. The parking lot has been designed to not encroach into the 40-foot landscape strip per the Highway 10 Design Overlay District. The applicant has indicted landscaping and plantings will be placed in this area per the typical Overlay requirements. Along the roadway a berm, wall or dense plantings will be installed per the typical ordinance requirements to screen the new parking lot. Signage is proposed as a monument sign six (6) feet in height with a twelve (12) foot sign panel. Two masonry support columns two feet by two feet are proposed. The signage is consistent with signage typically allowed per the Highway 10 Design Overlay District. The site plan indicates a 6,200 square foot one story building addition. The addition will house the new Media Center and ADA accessible covered entry. The new addition and interior renovation will also serve to rectify current ADA barriers within the existing facility by creating new accessible routes too much of the current facility. The addition complies with the Overlay standards for building setbacks. Staff is supportive of the request. The desire is to separate bus and vehicular traffic on the site. The City has approved several other school sites with a similar configuration and the separation has worked well to ease congestion and provided a safer pick-up for the children. To staff’s knowledge there are no outstanding technical issues associated with the request. The plan as proposed compiles with all standards of the Highway 10 Design Overlay District with the exception of the placement of a drive, which does not comply with the 300-foot typical driveway spacing requirement. 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. PLANNING COMMISSION ACTION: (DECEMBER 18, 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. December 18, 2008 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-7626-A 7 There was no further discussion of the item. The chair entertained a motion of approval of the item as recommended by staff. The motion carried by a vote of 6 ayes, 0 noes, 2 absent and 3 open positions. December 18, 2008 ITEM NO.: 11 FILE NO.: Z-8418 NAME: Engine Solutions Short-form PID LOCATION: located at 8404 Baseline Road DEVELOPER: Engine Solutions c/o John Hartnack, General Manager 2206 Century Center Boulevard Irving, TX 75062 ENGINEER: Hope Engineers 322 North Market Street Benton, AR AREA: 0.813 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: I-2, Light Industrial ALLOWED USES: Light Industrial Uses PROPOSED ZONING: PID PROPOSED USE: I-2, Light Industrial Uses and a Church VARIANCES/WAIVERS REQUESTED: None requested. On December 2, 2008, the applicant requested this item be withdrawn from consideration without prejudice. Staff is supportive of the withdrawal request. PLANNING COMMISSION ACTION: (DECEMBER 18, 2008) The applicant was not present. There were no registered objectors present. Staff presented the item stating on December 2, 2008, the applicant requested the item be withdrawn from consideration without prejudice. Staff stated they were supportive of the withdrawal request. December 18, 2008 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-8418 2 There was no further discussion of the item. The chair entertained a motion of approval of the item as recommended by staff. The motion carried by a vote of 6 ayes, 0 noes, 2 absent and 3 open positions. December 18, 2008 ITEM NO.: 12 FILE NO: S-1280-M NAME: Valley Falls Estates Collector Street Deferral LOCATION: East side of Valley Falls Estates abutting Lots 13A – 13D and Lots 14 - 18 OWNER/APPLICANT: Rick Ferguson APPLICANT’S REPRESENTATIVE: White-Daters & Associates, Inc. PROPOSAL: A five (5) year deferral of construction of one-half of a Collector Street on the east side of Valley Falls Estates Subdivision A. PROPOSAL/REQUEST: On June 20, 2000, Ordinance No. 18,299 was approved by the Board of Directors for a deferral of construction of one half of the proposed collector street adjacent to the east property line of Valley Falls Estates Subdivision as shown on the Master Street Plan. The ordinance specifically deferred construction for a period of 5 years or until abutting street improvements are constructed, whichever occurs first. The ordinance defined the one-half improvements to consist of 12 ft. of pavement and an 8 ft. shoulder measured from centerline of the proposed right-of-way with sidewalk and open ditch. With this application, the applicant is requesting an additional 5-year deferral of the one half street improvements for the collector street on the eastside of Valley Falls Estates Subdivision. The subject collector street will tie into LaMarche Drive at the south property line as shown on the Master Street Plan to eventually connect into Taylor Loop Road. The applicant’s reasoning for requesting an additional deferral is due to right-of- way and financing are not in place to make the connection to Taylor Loop Road. The applicant also states this section of street would be unusable until right-of- way and funds are available for the remaining portion of the street to Taylor Loop Road. B. EXISTING CONDITIONS: Four (4) properties are located to the east of the subject property and zoned R-2. These properties today take access from Carter Lane. Two (2) of the properties have residences built on the western half of the properties and two (2) of the properties have residences built on the eastern half of the properties closer to Carter Lane. The future right-of-way for LaMarche Drive will consist of the western 35 ft. of the four (4) properties. December 18, 2008 SUBDIVISION ITEM NO.: 12 FILE NO.: S-1280-M 2 Four (4) properties are located adjacent to the north of the subject property and zoned R-2. One (1) of the properties is owned by the applicant. Four (4) properties exist where the future right-of-way of LaMarche Drive will be located north of Valley Falls Estates to Taylor Loop Road. Two (2) of the four (4) properties are owned by the applicant. To the west are several larger properties each about 3 acres or larger zoned R-2 which should not be affected by this application. To the south is a Chenal Valley subdivision zoned R-2. As part of this subdivision, Deltic is currently constructing LaMarche Drive to the south property line of Valley Falls Estates. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received comments from Deltic Timber Corp. opposing the approval of the 5-year deferral. D. ENGINEERING COMMENTS: Public Works Conditions: 1. Ordinance #15,594, approved on December 8, 1988 set the original design for LaMarche Drive. Ordinance #18,562 approved by the Board of Directors on September 18, 2001 amended the Master Street Plan to connect Taylor Loop Road at Lucky Lane to La Marche Drive. Ordinance #15,594 required the future street to have a 70 ft. right-of-way; 2 - 12 ft travel lanes; and 2 - 8 ft. paved shoulders with open ditches. Ordinance #18,299 adopted on June 20, 2000 deferred the one half street construction to LaMarche Drive for 5 years or until abutting street improvements are constructed, whichever occurs first. The ordinance continues and states the specific deferral is for one half street widening to 12 ft. of pavement and 8 ft. of shoulder from centerline, with sidewalk per Ordinance #15,594. 2. Has the right-of-way for the future street been dedicated to the City of Little Rock? 3. Staff recommends the deferral of the future street adjacent to Valley Falls Estates for 5 year or until adjacent development occurs. The future street should be constructed to collector street standards as shown on the Master Street Plan. December 18, 2008 SUBDIVISION ITEM NO.: 12 FILE NO.: S-1280-M 3 E. SUBDIVISION COMMITTEE COMMENT: (November 20, 2008) Mr. Joe White of White-Daters and Associates was present representing the applicant. The item was explained to the commissioners and no questions were asked of Mr. White. F. ANALYSIS: The original deferral Ordinance # 18,299 was approved in 2000 for dedication of right-of-way and the construction of the one half street improvements along the east property line of Valley Falls Estates. The improvements were deferred for 5 years or until abutting street improvements are constructed, whichever occurs first. Per Ordinance # 15,594, the one half street improvements are to be 12 ft. of pavement with 8 ft. paved shoulders from centerline, with sidewalk. The required right-of-way dedication is for one half of a 70 ft. right-of-way. The deferred street improvements will connect into LaMarche Drive which is currently being constructed to the south property line of Valley Falls Estates Subdivision. Per the Master Street Plan, LaMarche Drive is a collector street which will eventually connect into Taylor Loop Road near Lucky Lane just south of the new Little Rock Public School currently under construction. The original deferral ordinance does not contain the conditions which are placed in the current deferral ordinances for residential subdivisions. Besides the time periods for construction being 5 years or until adjacent street development, the current deferral ordinances are also conditioned on the platting of a particular phase of lots in the subdivision. Usually the phase is not the last phase planned for development. Unlike commercial subdivisions, where the developer usually owns lots or buildings in the subdivision, in residential subdivisions the developer has less responsibility or ownership when the lots are sold and homes constructed. The improvements will consist of constructing one half of LaMarche Drive from the south property line to the north property line of Valley Falls Estates Subdivision. This one half street will be constructed for approximately 1300 ft. and end at a pond and wooded area. From the north property line of Valley Falls Estates an additional 1000 ft. of street is still needed to be constructed to connect into Taylor Loop Road. The approved preliminary plat for Valley Falls Estates shows no vehicle access to be taken from LaMarche Drive. The plat does show an emergency only access. This access will not be accessible by emergency vehicles until the completion of construction of Valley Creek View and Vista Ridge Court in Valley Falls Estates. With this being the case, staff believes this additional 1300 ft. of half street improvements does nothing to improve the safety December 18, 2008 SUBDIVISION ITEM NO.: 12 FILE NO.: S-1280-M 4 and access to Valley Falls Estates, adjacent properties, and the subdivisions to the south. The four (4) properties to the east of Valley Falls Estates are zoned R2. Two (2) of the properties have dedicated right-of-way for the LaMarche Drive and two (2) properties have not. At this time, none of these properties have an obligation to construct one half street improvements to the eastern half of LaMarche Drive. With this being the case, staff believes at least 20 ft. of asphalt pavement should be constructed adjacent to Valley Falls Estates as required by Ordinance #15,594 which was referenced in the Valley Falls Estates deferral ordinance. This 20 ft. of pavement will allow for two-way traffic if the connection is made to Taylor Loop Road in the future and allow access for emergency vehicles to Valley Falls Estates when the interior streets referenced above are completed. These improvements can be made by shifting the centerline of the street to the west away from the centerline of the proposed 70 ft. right-of-way. G. STAFF RECOMMENDATION: Staff recommends approval of the request for an additional deferral of the one half street improvements to LaMarche Drive adjacent to Valley Falls Estates Subdivision. Staff believes the deferral should be approved with the following conditions. The conditions are: 35 ft. of right-of-way shall be dedicated for the entire length of the property within 30 days of the adoption of the deferral ordinance; the deferral is for 5 years, or until future platting of any lot east of the existing platted lots, or until abutting street construction occurs to the north or east adjacent to Valley Falls Estates, whichever occurs first. Specifically, the one half street improvements will consist of constructing curb and gutter, 20 ft. of asphalt pavement, stormwater drainage improvements, streetlights, and sidewalk at the property line. With this construction the centerline of the street can be shifted to allow for these improvements. PLANNING COMMISSION ACTION: (DECEMBER 18, 2008) The applicant was present. There were registered objectors present. Chairman Taylor stated when there were eight (8) or fewer Commissioners present the practice of the Commission had been to allow the applicant the option of deferral of an item to a subsequent meeting. He questioned if the applicant desired a deferral of the item to the February 5, 2009, public hearing. Mr. Joe White stated his desire was to defer the item to the February 5, 2009, public hearing. There was no further discussion of the item. The chair entertained a motion of approval of the item for deferral to the February 5, 2009, public hearing. The motion carried by a vote of 6 ayes, 0 noes, 2 absent and 3 open positions. December 18, 2008 ITEM NO.: 13 FILE NO.: LA-0023 NAME: Pfeifer Property Advanced Grading Variance LOCATION: 16,500 Cantrell Road APPLICANT: Eugene M. Pfeifer, III APPLICANT’S REPRESENTATIVE: White-Daters and Associates, Inc. AREA: Approximately 18 acres CURRENT ZONING: R-2 VARIANCES/WAIVERS REQUESTED: A variance from the Land Alteration Regulations to advance clear and grade a multi-lot or multi-phase development where construction is not imminent on all phases of the development. A. PROPOSAL/REQUEST: Applicant is requesting a variance from the Land Alteration Regulations to advance clear and grade property with construction not being imminent on all lots. The approximately 18-acre pasture land (“the property”) is located on the north side of Cantrell Road just west of the Cantrell Road/Taylor Loop Road intersection at 16,500 Cantrell Road. The applicant proposes to fill approximately 80,000 cubic yards of fill dirt from the Little Rock Public School District school (“the school”) being constructed on the south side of Cantrell Road and west of the Cantrell Road/Taylor Loop intersection. With the grading, 7 or less trees are proposed to be removed within the property which is currently used for pasture land. The property will be filled for 2 ft. to 6 ft. in elevation. B. ANALYSIS: After review of this variance request by the City Attorney, it was determined an advanced grading permit was applicable in this case. City code states that advanced grading permits can be approved by the Planning Commission to clear and grade a multi-lot or multi-phase development where construction is not imminent on all phases of the development. This implies that construction must be imminent on at least one lot or one phase before an advanced grading permit variance request can be reviewed by the Planning Commission. In this case, construction is not imminent on Mr. Pfiefer’s property because after the filling occurs, the property will be re-sodded and returned to its use as a pasture for his horses and livestock. Of course, that means that not only is construction not imminent on Mr. Pfeifer’s pasture, it is not contemplated whatsoever. December 18, 2008 SUBDIVISION ITEM NO.: 13 FILE NO.: LA-0023 2 Section 29-186(a) requires any person proposing to engage in filling, cutting, quarrying, construction or similar activities to obtain a grading permit. Section 29-186(d) continues and states that grading permits, which may be obtained as part of a building permit, shall be required for any “construction activity” where the total volume of cut or fill is equal to or greater that 1000 cubic yards. It is understood that more than 1000 cubic yards of fill material will be removed from the school property and placed on Mr. Pfeifer’s pasture property. Per Section 29-186(b), no land alteration shall be permitted until all necessary city approval of all plans and permits, except a building permit, have been issued and construction is imminent. As stated above, construction on Mr. Pfeifer’s property is not imminent nor is it contemplated whatsoever since the property is pasture land today and will be restored to pasture land at the completion of the project. Due to these facts, a grading permit is required for the proposed filling project on Mr. Pfeifer’s property. The City Attorney’s office believes separate grading permit is not needed for both properties. Since the school’s property has imminent construction, the school should be issued the grading permit for grading of their property and for the filling of the Pfeifer property. C. STAFF RECOMMENDATION: Due to the City Attorney’s interpretation of this case, the applicant has contacted staff and stated a letter would be submitted requesting the item to be withdrawn from consideration without prejudice. Staff supports the applicant’s request. PLANNING COMMISSION ACTION: (DECEMBER 18, 2008) The applicant was present. There were no registered objectors present. Staff presented the item stating due to the City Attorney’s interpretation of this case, the applicant had contacted them and requested the item be withdrawn from consideration without prejudice. Staff stated they were supportive of the withdrawal request. There was no further discussion of the item. The chair entertained a motion of approval of the item as recommended by staff. The motion carried by a vote of 6 ayes, 0 noes, 2 absent and 3 open positions.