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pc_10 26 2006subLITTLE ROCK PLANNING COMMISSION SUBDIVISION HEARING SUMMARY AND MINUTE RECORD OCTOBER 26, 2006 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present being ten (10) in number. II. Members Present: Gary Langlais Chauncey Taylor Troy Laha Robert Stebbins Jerry Meyer Darrin Williams Jeff Yates Lucas Hargraves Mizan Rahman Fred Allen, Jr. Members Absent: Pam Adcock City Attorney: Cindy Dawson III. Approval of the Minutes of the September 14, 2006 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION SUBDIVISION AGENDA OCTOBER 26, 2006 OLD BUSINESS: Item Number: File Number: Title A. LU06-18-04 A Land Use Plan amendment in the Ellis Mountain Planning District from Suburban Office to Multi-family. A.1. Z-8092 Kanis Quad Short-form PD-R, located on the Southwest corner of Kanis Road and White Road. B. Z-8095 Garden Homes Addition Short-form PID, located North of 17th Street, between Boyce and Fletcher Streets. C. S-1531 Whispering Ridge Subdivision Preliminary Plat, located South of Alexander Road, West of Vimy Ridge Road. D. S-1528 Kroger Subdivision Site Plan Review, located at 8415 West Markham Street. E. Z-4663-C The Shoppes at Montclair Long-form PCD, located at 12226 Kanis Road. F. S-1538 Gateway Towne Center Preliminary Plat and Subdivision Site Plan Review, located on the Northwest corner of I-30 and I-430. G. S-1537 The Centre Addition Revised Preliminary Plat, located on the Northwest corner of Colonel Glenn Road and I-430. H. Z-3371-R Colonel Glenn Shopping Center Zoning Site Plan Review, located on the Northwest corner of Colonel Glenn Road and I-430. I. Z-7603-C 14910 Cantrell Road Short-form PCD, located at 14910 Cantrell Road. J. LU06-19-06 A Land Use Plan amendment in the Chenal Planning District from Single Family to Suburban Office. Agenda, Page Two OLD BUSINESS: (Continued) Item Number: File Number: Title J.1. Z-8091 Flake Short-form PD-O, located on Norton Road, just South of Cantrell Road. K. Z-7174 The Cottages in the Pines Long-form PD-R Revocation, located on the West side of Heinke Road approximately 1200 feet South of Johnson Road. L. LA-0006-A Colonel Glenn Center Clearing and Wall Construction, located West of Talley Road, North of Remington Road. M. LA-0013 Hockersmith Timber Harvest, located West of I-430 and South of Bowman Plaza Drive. N. LA-0014 Boen Timber Harvest, located on the Northwest corner of Colonel Glenn Road and I-430. NEW BUSINESS: I. PRELIMINARY PLATS: Item Number: File Number:Title 1. S-1100-I Capitol Lakes Estates Preliminary Plat, located on Cooper Orbit Road, South of Capitol Hills Boulevard. 2. S-1396-A Pleasant Tree Tract A Replat, located at the end of Johnny Cake Lane. 3. S-1542 Holiman Subdivision Preliminary Plat, located at 10322 Peace Valley Drive. 4. S-1543 Mondari Estates Preliminary Plat, located on the South side of Denny Road, 0.75 miles East of Ferndale Cut-off. Agenda, Page Three I. PRELIMINARY PLATS: (Continued) Item Number: File Number: Title 5. S-1544 Ventana Ridge Preliminary Plat, located on Lawson Road West of David O Dodd. 6. S-1545 Nettles Subdivision Preliminary Plat, located on Isbell Lane. 7. S-1546 McHenry Place Preliminary Plat, located on Lawson Road at Crystal Valley Road. 8. S-1547 Springfield Holdings Addition Replat, Land Alteration Ordinance Variance Request and Alley Abandonment, located on the Southwest corner of Cantrell Road and Mississippi Avenue. II. SITE PLAN REVIEW: Item Number: File Number:Title 9. Z-4841-C Keifer Office Complex Zoning Site Plan Review, located at 15300 Kanis Road. 10. S-1212-C Eagle Hills Apartments Revised Subdivision Site Plan Review, located North of Eagle Hill Apartments and South of Crystal Valley Road. Agenda, Page Four III. PLANNED DEVELOPMENTS: Item Number: File Number:Title 11. Z-4343-U Parkland Heights Revised Long-form PD-R, located at the North end of Chenonceau Boulevard. 12. Z-4411-E Pleasant Ridge Towne Center Revised Long-form PCD, located on the Southeast corner of Cantrell Road and Pleasant Ridge Road. 13. LU06-18-06 A Land Use Plan Amendment in the Ellis Mountain Planning District a change from Office to Low Density Residential. 13.1 Z-5758-B The Ridge at Pride Valley Long-form PD-R, located on the Southwest corner of Kanis Road and Pride Valley Road. 14. Z-6120-M Capitol Lakes Estates Tract C Long-form PD-R, located on the Southeast corner of Capitol Hills Boulevard and Cooper Orbit Road. 15. Z-6278-C Studio Joe Revised Long-form PCD, located at 600 Autumn Road. 16. Z-7593-C South Shackleford Hotel Short-form PCD, located in the 800 Block of South Shackleford Road. 17. Z-7723-A Treadway Revised Short-form PCD, located at 4624 West 12th Street. 18. Z-7875-A Taylor Park Revised Long-form POD, located South of Kanis Road, just West of White Road. 19. Z-8098 Palmer Short-form PD-R, located at 2919 Lee Street. 20. Z-8115 1422 Townhomes Short-form PD-R, located at 1414 – 1422 South Rock Street. Agenda, Page Five III. PLANNED DEVELOPMENTS: (Continued) Item Number: File Number:Title 21. Z-8116 Arbors Development Short-form PD-R, located on the Southeast corner of 15th and Cumberland Streets. 22. Z-8117 CBM Appraisals Inc, Short-form POD, located at 15924 Cantrell Road. 23. Z-8118 18220 Cantrell Road Short-form PCD, located at 18220 Cantrell Road. IV. OTHER BUSINESS: Item Number: File Number: Title 24. LA-0015 Whisenhunt Investments Land Alteration Variance Request, located on the Northwest corner of Chenal Parkway and Kanis Road western intersection. 25. Adoption of the 2007 Planning Commission Calendar October 26, 2006 ITEM NO.: A FILE NO.: LU06-18-04 Name: Land Use Plan Amendment - Ellis Mountain Planning District Location: 13401 Kanis Road Request: Suburban Office to Multi-family Source: Pat McGetrick, McGetrick Engineering PROPOSAL / REQUEST: Land Use Plan amendment in the Ellis Mountain Planning District from Suburban Office to Multi-family. Multi-family represents residential development of ten to thirty-six dwelling units per acre. EXISTING LAND USE AND ZONING: The property is currently zoned for a POD Planned Office Development and R2 Single Family. It is 1.6 acres ± in size. The POD portion runs west from White Road along Kanis Road and is approximately 20 percent of the application area. This property is currently used for Small Northcutt Electric Inc. The rest of the application area is zoned R2 for single-family residences, and it has one single family residence on it. In the surrounding area, there are Planned Office Developments (POD) and Planned Development-Office (PDO) with frontage on Kanis Road and Nix Road. These PODs and PDOs have small office buildings on them. Further east on Kanis there is some Office use, but the majority of the surrounding area is zoned R2 Single Family and built out with single family subdivisions. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: This area is currently planned for Suburban Office. The property to the south of this area is all Single Family. From White Road east to Gamble Road on the south side of Kanis is all Low Density Residential. On the north side of Kanis, from Atkins Road to the Parkway Place extension is also Low Density Residential. To the west of White Road on the south side of Kanis and on the north side of Kanis from the Parkway Place extension to the Asbury Road extension is planned Suburban Office. March 2, 1999, Ordinance 17951 changed this location from Transition to Suburban Office. This ordinance was responsible for changing many different areas as part of a corridor study of the Kanis Road area. MASTER STREET PLAN: Kanis Road is shown as a Minor Arterial on the plan. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Kanis since it is a Minor Arterial. October 26, 2006 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: LU06-18-04 2 White Road is shown as a Local Street. Local Streets that are abutted by non-residential zoning 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 proposed Class I bike route is planned to develop south of White Road in the existing open space. PARKS: According to the Master Parks Plan, there are no developed parks close to this site, but there is open space to the southwest of this property. The amendment location is within eight blocks of a park or open space, but must of the area to the east of White Road is in a deficit area. HISTORIC DISTRICTS: There are no city recognized historic districts that would be affected by this amendment. CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN: The property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. ANALYSIS: The application area currently has Small Northcutt Electric Inc. on the northern portion of the property and a single-family house on the southern portion. While there is no other Multi Family in this section of Kanis Road, there is an abundance of non-developed Low Density Residential surrounding this site. To the east and north of this intersection along Kanis Road is Low Density Residential. There are several occupied office developments to the west of this property on Kanis. There is also some office use further east on Kanis. This area has been growing almost continually over the past twenty years. Many single- family subdivisions have been built during this time. While much of this area is planned for Single Family use, the Land Use Plan has allotted ample room for Low Density Residential Development. Low Density Residential provides an option other than Single Family detached, and these areas should be developed before other options are explored. Also, there are other similar attached slightly lower density developments approved or under construction to the north, west and northwest. Based on the PZD and the application configuration, this request is not for an apartment complex but rather attached residential. October 26, 2006 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: LU06-18-04 3 White Road is a local street and is not designed for heavier traffic associated with Multi Family. Also, Suburban Office uses are typically from eight to five while a Multi Family Residential use would have a more diverse traffic pattern over a broader spectrum of time. Road improvements are needed on both White and Kanis Road. Multi Family, or other more intense uses are preferred at the intersection of two arterials, or at least at an arterial and collector street intersection. An arterial and local street intersection such as this location is not preferable for Multi Family with traffic increased on the local street. NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood associations: Parkway Place Property Owners Association and Gibraltar Heights Pointe West Timber Ridge Property Owners Association. Two residents from White Road have contacted the Planning Office. Both had questions concerning the amendment, and one was very upset about the proposal. STAFF RECOMMENDATIONS: Staff believes the change is not appropriate. PLANNING COMMISSION ACTION: (SEPTEMBER 14, 2006) Two members of the Commission had to leave the hearing. This brought the number of Commissioners present to eight. The Commission offered to each applicant the ability to defer their item since six votes are necessary for approval and only eight Commissioners were present. The applicant for this item informed the Commission he would like to have the item deferred to October 26. By a vote of 8 for 0 against the item was deferred. PLANNING COMMISSION ACTION: (OCTOBER 26, 2006) Walter Malone, Planning Staff, presented the item to the Commissioners. Mr. Malone reviewed the exiting development pattern and recent developments in the vicinity, as well as the availability of each land use type in the general area. Staff does not support a change in land use for this site. Ms. James of the Planning Staff reviewed the related Planned Zoning District proposal. There was some discussion about the traffic caused by multifamily use; difference in character and density from the existing single family; and that the Plan has not had time to ‘gel’ yet. For complete minutes of the two items, see item ‘A.1 Z-8092’ (Kanis Quad PDR). By a vote of 0 for 10 against (Adcock Absent) the proposed change was denied. October 26, 2006 ITEM NO.: A.1 FILE NO.: Z-8092 NAME: Kanis Quad Short-form PD-R LOCATION: Located on the Southwest corner of Kanis Road and White Road DEVELOPER: Robert Snell 13401 Kanis Road Little Rock, AR 72211 ENGINEER: McGetrick and McGetrick Engineers 10 Otter Creek Court, Suite A Little Rock, AR 72210 AREA: 1.60 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: PD-O and R-2, Single-family ALLOWED USES: Office and Single-family Residential PROPOSED ZONING: PD-R PROPOSED USE: Multi-family 15 units per acre VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: On November 16, 1993, the Little Rock Planning Commission approved a request for a Conditional Use Permit to allow the placement of a 27-foot by 76-foot multi-sectional manufactured home on the site. The applicant proposed to remove an older 14-foot by 65-foot mobile home from the site and replace the older home with the newer model. Ordinance No. 16,878 adopted by the Little Rock Board of Directors on May 2, 1995, rezoned a portion of this site from R-2, Single-family to PD-O to allow the use of an existing two-story building on the property to be used as an electrical contracting business. The site contained 0.45 acres which was to be subdivided from a larger tract which contained the two story building and the owners home. The tract was proposed with 165 feet of frontage along Kanis Road and 120 feet of depth along White Road. There was to be no outdoor storage of materials or equipment. There was to be no access from White Road from the Development. October 26, 2006 SUBDIVISION ITEM NO.: A.1 (Cont.) FILE NO.: Z-8092 2 A $750.00 in-lieu contribution was required for the Kanis Road improvements. No improvements to White Road were required. A. PROPOSAL: The applicant is proposing a rezoning of the site from PD-O and R-2 to PD-R to allow the construction of 24 multi-family units contained in six buildings. The units are proposed as two story units with a maximum building height of 30-feet. The exterior of the units is proposed as brick and siding. The site plan indicates 41 percent of the site as green space, 18 percent covered with buildings and 23 percent in paved areas. The size of the units ranges from 900 square feet to 1,000 square feet. The site plan indicates 56 parking spaces. B. EXISTING CONDITIONS: The site is developed. There is a two-story building located on the property which was previously used by the applicant for, initially, a place to restore and maintain antique automobiles, then later as an office for his electrical contracting business. There is a drive from White Road serving the structure. On the southern portion of the property is a manufactured home also with access to White Road. West of the site is a newly developing single-family subdivision. The new street has been constructed and two new homes are currently under construction. The general contractor’s office for this new development is located along Kanis Road in a converted single-family residence. South of the site along White Road are a number of single-family homes located on large lots. North of the site is a wooded site and north east and north west are office uses. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents many stating opposition to the request. The Parkway Place Property Owners Association, the Gibralter Heights/Point West/Timber Ridge Neighborhood Association, all residents who could be identified located within 300 feet of the site and all property owners located within 200-feet of the site were notified of the Public Hearing. D. ENGINEERING COMMENTS: Public Works: 1. Kanis Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. 2. A 20 foot radial dedication of right-of-way is required at the intersection of Kanis and White Roads. 3. With site development, provide the design of the street conforming to the Master Street Plan. Construct one-half street improvement to Kanis Road and White Road including 5-foot sidewalks with the planned development. October 26, 2006 SUBDIVISION ITEM NO.: A.1 (Cont.) FILE NO.: Z-8092 3 4. Property drains into pond located to the south. Provide a Sketch Grading and Drainage Plan per Section 29-186 (e) showing existing and proposed contours, drainage paths, and wall heights. 5. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. 6. Prepare a letter of pending development addressing streetlights as required by Section 31-403 of the Little Rock code. Contact Traffic Engineering at (501) 379-1813 (Steve Philpott) for more information regarding streetlight requirements. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required with easements. Contact the Little Rock Wastewater Utility at 688-1414 for additional information. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. A Capital Investment Charge based on the size of the meter connection(s) will apply to this project in addition to normal charges. Contact Central Arkansas Water regarding meter sizes and locations. Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department at 918-3700 for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Ellis Mountain Planning District. The Land Use Plan shows Suburban Office for this property. The applicant has applied for a Short-form PD-R to rezone from R2 Single Family to Planned Residential Development to allow the placement of 6 four-plex units on this 1.6 acre tract. October 26, 2006 SUBDIVISION ITEM NO.: A.1 (Cont.) FILE NO.: Z-8092 4 A land use plan amendment for a change to Multi-family is a separate item on this agenda (LU06-18-04). Master Street Plan: Kanis Road is shown as a Minor Arterial on the Master Street Plan and White Road is shown as a Local Street. These streets will require dedication of right-of-way and will require street improvements. 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. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. 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: Existing or proposed Class I, II, or III Bikeways are not in the immediate vicinity of the development. City Recognized Neighborhood Action Plan: The property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. Landscape: 1. Compliance with the City’s Landscape and Buffer Ordinances is required. 2. The landscape and zoning buffer ordinance require a nine-foot wide (9’-0”) land use buffer next to the residentially zoned properties along the western perimeter of the site. Easements cannot count toward fulfilling this requirement. Seventy percent (70%) of these buffers are to remain undisturbed. 3. The landscape and zoning buffer ordinance require a thirty-foot wide (30’-0”) land use buffer next to the residentially zoned properties along the southern perimeter of the site. Easements cannot count toward fulfilling this requirement. Seventy percent (70%) of these buffers are to remain undisturbed. It appears the building is located within this area. 4. The zoning buffer ordinance requires an average of ten feet (10’) and in no case less than nine foot (9’) street buffer along White Road. 5. The zoning buffer ordinance requires an average of thirty feet (30’) and in no case less than half street buffer along Kanis Road. 6. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the southern and western perimeters of the site. Credit towards fulfilling this requirement can be given for existing trees and undergrowth that satisfies this year-around requirement. 7. An automatic irrigation system to water landscaped areas will be required. October 26, 2006 SUBDIVISION ITEM NO.: A.1 (Cont.) FILE NO.: Z-8092 5 8. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (August 24, 2006) Mr. Pat McGetrick was present representing the request. Staff presented an overview of the proposed development indicating there were outstanding technical issues related to the request. Staff requested the applicant provide details of any proposed signage on the site plan. Staff also requested the applicant provide the location of the proposed dumpster facilities and any proposed fencing. Public Works comments were addressed. Staff stated a 20-foot radial dedication would be required at the intersection of Kanis and White Roads. Staff also stated half street improvements would be required to the abutting roadways. Staff questioned the location of the proposed detention facilities. Staff stated a grading permit would be required prior to development. Landscaping comments were addressed. Staff stated screening would be required along the southern and western perimeters of the site. Staff stated the indicated buffer along the south was not adequate to meet the typical minimum ordinance standard. 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: The applicant submitted a revised site plan to staff addressing most of the issues raised at the August 24, 2006, Subdivision Committee meeting. The applicant has indicated a single ground mounted sign near the intersection of White and Kanis Roads. The sign is proposed consistent with signage allowed in multi-family zones; maximum of six feet in height and thirty-two square feet in area. The site plan indicates the placement of two (2) dumpster facilities located along the northern and southern perimeters of the parking lot, adjacent to White Road. The site plan includes a note concerning the required screening. The site plan indicates a 25-foot building setback and landscape buffer along the western perimeter of the site and along the southern perimeter. The area to the west is zoned POD but is being developed as a single-family neighborhood. The area to the south contains a single-family home. The ordinance typically requires the placement of a 30-foot land use buffer along the southern perimeter and a 9-foot buffer along the western perimeter. The proposed southern buffer is not adequate to meet the typical minimum ordinance requirements. October 26, 2006 SUBDIVISION ITEM NO.: A.1 (Cont.) FILE NO.: Z-8092 6 The site plan indicates the placement of 56 parking spaces to serve the development. Based on typical minimum ordinance standards for a multi-family development 36 parking spaces would typically be required. The indicated parking is more than adequate to meet the typical minimum parking required. The units are proposed as two story units with a maximum building height of 30-feet. The exterior of the units is proposed as brick and siding. The site plan indicates 41 percent of the site as green space, 18 percent covered with buildings and 23 percent in paved areas. The size of the units ranges from 900 square feet to 1,000 square feet. Staff is not supportive of the proposed request. The applicant is proposing a rezoning of the site from PD-O and R-2 to PD-R to allow the construction of 24 multi-family units resulting in a density of 15 units per acre. The site is shown as Suburban Office on the City’s Future Land Use Plan with Low Density Residential located to the north and east of the site. Staff feels the development as proposed should not be located at this site. Staff feels this site is more suited for a small scale office development or should be developed with residential units more consistent with Low Density Residential. I. STAFF RECOMMENDATIONS: Staff recommends denial of the request as filed. PLANNING COMMISSION ACTION: (SEPTEMBER 14, 2006) The applicant was present. There were registered objectors present. Chairman Stebbins stated there were only eight (8) Commissioners present. He stated the Commission’s policy was to offer the applicant a deferral when fewer than eight (8) Commissioners were present. He questioned the applicant if they would like to take the deferral option. The applicant stated they desired a deferral. The Commission questioned staff as to the date of the public hearing. Staff stated October 26, 2006, would be the date of public hearing. There was no further discussion of the item. The chair entertained a motion for deferral of the item to the October 26, 2006, public hearing. The motion carried by a vote of 8 ayes, 0 noes and 3 absent. STAFF UPDATE: There has been no change in this application request since the previous public hearing. Staff continues to recommend denial of the request. October 26, 2006 SUBDIVISION ITEM NO.: A.1 (Cont.) FILE NO.: Z-8092 7 PLANNING COMMISSION ACTION: (OCTOBER 26, 2006) The applicant was present representing the request. There were registered objectors present. Staff presented the item with a recommendation of denial. Mr. Pat McGetrick addressed the Commission on the merits of the request. He stated the developers intended to construct a nice quiet residential community. He stated the units would be constructed in townhouse style but would be rental units. He stated the site plan could be revised to meet the minimum buffer ordinance requirements along the southern perimeter. The Commission questioned if he was amending his application request to include the typically required minimum buffer along the southern perimeter. The Commission questioned if he was willing to place street improvements to both sides of White Road. Mr. McGetrick stated he would place curb, gutter and sidewalks on both sides of White Road with the development and include the typically required buffer area. Mr. McGetrick stated he was amending his request. Mr. Steve Farrar addressed the Commission in opposition of the request. He stated he was the spokes person for the White Road Neighborhood Association. He stated there were eleven homes on White Road and all were opposed to the request. He stated there were four reasons for the non-support of the residents for the request. He stated reduced property value, change to the neighborhood, traffic and environmental issues. He stated it was difficult to put an exact value on the loss of property value. He stated if a resident on White Road offered their home for sale all prospective buyers would drive past the apartment complex. He stated based on age and value the losses would differ. He stated the residents had lived in the area from one year to in excess of 52 years. He stated the reason for moving to the area was the area was a quiet peaceful community. He stated with the addition of the apartment complex this would change. He stated traffic was a concern. He stated White Road was a narrow roadway which did not allow two cars to pass safely. He stated there was no through access from White Road and the residents experienced a number of cars turning around in their drives and yards as a result of lost motorist. He stated with the development of the apartment complex this would only increase. He stated currently it was difficult to access Kanis Road from White Road. He stated the residents had to wait a number of minutes to exit the neighborhood unless they left early or late during non-peak traffic hours. He stated there were also environmental concerns with the development of the site with an intense development. He stated White Road was not planned for the development of apartments and White Road was not a place to build apartments in Little Rock, Arkansas. Ms. Kathryn Roset addressed the Commission in opposition of the request. She stated the site would drain to a private lake located on her property. She stated this was the environmental concern. She stated one year ago the neighborhood was here addressing the Commission raising these same environmental concerns. She stated the Board of Directors felt strongly enough to protect the lake by not allowing Taylor Park to drain into the lake and forcing them to install a drainage pipe which by passed the lake and reconnected to a stream down stream from the personal lake. She stated the lake was important to her family and the October 26, 2006 SUBDIVISION ITEM NO.: A.1 (Cont.) FILE NO.: Z-8092 8 environment. She stated her family fished and boated in the lake and the wildlife drank from the lake. She stated the neighborhood was not opposed to development. She stated the neighborhood was opposed to development which would damage and/or change the neighborhood. Mr. Herrn Northcutt addressed the Commission in opposition of the request. He stated he had lived in the area for 32 years. He stated White Road was an unimproved road with open ditches for drainage. He stated his concerns were traffic and the increase in population in the small area. He stated it was difficult to access Kanis Road from White Road unless the residents left early or late. Mr. Tom Holmes addressed the Commission in opposition of the request. He stated he was a partner in the Taylor Park Subdivision currently under construction to the west. He stated when his firm was considering development in the area they went to staff to seek guidance on the development of the area and questioned development of the site with multi-family residential units. He stated staff indicated they were not supportive of development of the site with multi-family. Ms. Ruth Bell, League of Women Voters addressed the Commission in opposition of the request. She stated the League had reviewed at least three plans for the Kanis Road corridor and the current plan had not had time to jell. She stated the proposal was not consistent with the Land Use Plan and recommended the Commission deny the request to allow the current plan to jell. She stated the proposed development should be located in an area where the zoning and land use were consistent with the proposed development. Mr. McGetrick stated although the units would be rental the development would not give the appearance of an apartment complex. He stated the developers were proposing the development of an upscale development to add value to the area and not diminish property values. He stated detention could be addressed by extending a drainage pipe along White Road to catch the drainage installed for Taylor Park. He stated he would question the legality of forcing the developer to provide detention in this manner. The Commission questioned Mr. McGetrick if he considered the development harmonious and compatible with development in the area. Mr. McGetrick stated west of the site was a zero lot line development and east of the site was an apartment development currently under construction. He stated he did feel the development was compatible with developments in the area. A motion was made to approve the request as amended. The motion failed by a vote of 0 ayes, 10 noes and 1 absent. October 26, 2006 ITEM NO.: B FILE NO.: Z-8095 NAME: Garden Homes Addition Short-form PID LOCATION: Located North of 17th Street, between Boyce and Fletcher Streets DEVELOPER: G & O Properties Jim Osborn 1115 Bond Street Little Rock, AR 72202 ENGINEER: McGetrick and McGetrick Engineers 10 Otter Creek Court, Suite A Little Rock, AR 72210 AREA: 1.45 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: PD-I, R-3 and R-5 ALLOWED USES: Office/Warehouse PROPOSED ZONING: PID PROPOSED USE: Office/Warehouse VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: Ordinance No. 17,969 adopted by the Little Rock Board of Directors on April 6, 1999, established Osborne Short-form PD-I rezoning the property from R-3, R-5 and I-2 to allow for the construction of an office/warehouse facility. The building was proposed as a 24,000 square foot building with a maximum building height of 24-feet. A total of 19,000 square feet of warehouse space was proposed, 2,000 square feet of office space and a 3,000 square foot shop area. The site plan indicated 19 parking spaces along the south side of the building with a paved area along the east side of the building for truck access. A final development plan was not submitted as required by the PUD zoning ordinance and the approval has expired. October 26, 2006 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-8095 2 A. PROPOSAL: The applicant is now proposing to rezone the site to allow the construction of a 19,200 square foot office warehouse building on this 1.45 acre site. The building is proposed with a maximum height of 45-feet and constructed with metal siding. The site plan indicates the placement of 14 parking spaces. The site is proposed with a 30 percent building coverage, 36 percent landscaped area and 34 percent paved area. The hours of operation are proposed from 7 am to 6 pm Monday through Saturday. There are a maximum of ten employees. B. EXISTING CONDITIONS: The general area contains a mixture of single-family, office and industrial uses and zoning. There are industrial uses located north and east of the site, with single-family residences located to the west and south. Additional industrial uses are located approximately one block further west and several blocks further south. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from the area residents. The Community Outreach Neighborhood Association, the Hanger Hill Neighborhood Association, all residents who could be identified located within 300 feet of the site and all property owners located within 200-feet of the site were notified of the Public Hearing. D. ENGINEERING COMMENTS: Public Works: 1. Boyce Street is classified on the Master Street Plan as a collector street. A dedication of right-of-way 30 feet from centerline will be required. 2. A 20 foot radial dedication of right-of-way is required at the intersections. 3. With site development, provide the design of the streets conforming to the Master Street Plan. Construct one-half street improvements to 17th and Fletcher Streets including 5-foot sidewalks with the planned development. 4. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. 5. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. 6. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 7. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The south driveway on Fletcher Street should be moved to 17th Street and placed in the center of the block. The north driveway on Fletcher Street should be moved further south to about 120 feet October 26, 2006 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-8095 3 from property line. The width of driveway must not exceed 36 feet. 8. Prepare a letter of pending development addressing streetlights as required by Section 31-403 of the Little Rock code. Contact Traffic Engineering at (501) 379-1813 (Steve Philpott) for more information regarding streetlight requirements. 9. 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) 379-1817 (Derrick Bergfield). E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this site. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water regarding meter size and location. A Capital Investment Charge based on the size of the meter connection(s) will apply to this project in addition to normal charges. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department at 918-3700 for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the I-30 Planning District. The Land Use Plan shows Industrial for this property. The applicant has applied for a PID for warehouse use. The request does not require a change to the Land Use Plan. Master Street Plan: Fletcher (north of 17th) and 17th (east of Fletcher) are shown as Collectors on the Master Street Plan and may require dedication of right-of-way and may require street improvements. 17th (west of Fletcher) and Boyce Street are shown as Local Streets. October 26, 2006 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-8095 4 The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. 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: Existing or proposed Class I, II, or III Bikeways are not in the immediate vicinity of the development. A Class Ii is shown along Bond Street roughly one quarter of a mile to the east and a Class I is shown along the railroad tract roughly one-quarter mile to the west. City Recognized Neighborhood Action Plan: The property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. Landscape: 1. Compliance with the City’s Landscape and Buffer Ordinances is required. 2. The zoning buffer ordinance requires an average of twenty-one foot (21’-0”) street buffer and in no case less than half, along East 17th Street. 3. An automatic irrigation system to water landscaped areas will be required. 4. The City Beautiful Commission recommends preserving as many existing trees as feasible on tree covered sites. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. 5. Otherwise, areas set aside appear to meet with the City’s minimum landscaping and buffer requirements. G. SUBDIVISION COMMITTEE COMMENT: (August 24, 2006) Mr. Pat McGetrick was present representing the request. Staff presented an overview of the proposed development indicating there were a few technical issues remaining outstanding associated with the request. Staff requested the applicant provide details of any proposed signage both ground mounted and building signage. Staff also requested the applicant provide the location of the proposed dumpster facilities and a note concerning the required screening. Staff questioned the number of employees and the days and hours of operation of the facility. Public Works comments were addressed. Staff stated additional right-of-way would be required along Boyce Street. Staff also stated the location of the drive on Fletcher Street should be relocated to 17th Street and centered on the property. Mr. McGetrick stated the northern drive was necessary since large trucks would be accessing the site. Landscaping comments were addressed. Staff stated the indicated street buffer along 17th Street was not sufficient to meet minimum ordinance standards. Mr. McGetrick October 26, 2006 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-8095 5 stated he could not meet this typical minimum ordinance standard and would request a reduced street buffer in this area. 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: The applicant submitted a revised site plan to staff addressing most of the issues raised at the August 24, 2006, Subdivision Committee meeting. The applicant has indicated a single ground mounted monument style sign located at the intersection of East 17th and Fletcher Streets not to exceed signage as typically allowed in office zones or six (6) feet in height and sixty-four (64) square feet in area. Building signage is proposed with a maximum of ten (10) percent of the façade area along the street sides. The site plan includes the placement of a dumpster located at the rear of the building and indicates the dumpster will be screened as typically required by minimum ordinance standards. The site plan indicates eight (8) employees and the hours of operation from 7:00 am to 6:00 pm Monday through Saturday. The proposal includes the construction of a 19,200 square foot warehouse building with 14 parking spaces. The ordinance typically requires the placement of 14 parking spaces for a warehouse facility of this size. The building is proposed with a maximum height of 45-feet and constructed with metal siding. The proposed height is consistent with buildings heights allowed in industrial zones. The street buffer proposed along East 17th Street is eight (8) feet. The ordinance typically requires an average of twenty-one feet (21’-0”) and in no case less than half. Staff is supportive of the reduced buffer in this area. The applicant has indicated the landscaping will be enhanced in this area to reduce any potential impacts on the area. Staff is supportive of the proposed request. The site is proposed with a 30 percent building coverage, 36 percent landscaped area and 34 percent paved area. The proposed use is consistent with the City’s Land Use Plan and other uses in the area. To staff’s knowledge there are no outstanding issues associated with the request. Staff feels if the site is developed as proposed the development should have minimal impact on the area. I. STAFF RECOMMENDATIONS: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. October 26, 2006 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-8095 6 PLANNING COMMISSION ACTION: (SEPTEMBER 14, 2006) The applicant was present. There were registered objectors present. Chairman Stebbins stated there were only eight (8) Commissioners present. He stated the Commission’s policy was to offer the applicant a deferral when fewer than eight (8) Commissioners were present. He questioned the applicant if they would like to take the deferral option. The applicant stated they desired a deferral. The Commission questioned staff as to the date of the public hearing. Staff stated October 26, 2006, would be the date of public hearing. There was no further discussion of the item. The chair entertained a motion for deferral of the item to the October 26, 2006, public hearing. The motion carried by a vote of 8 ayes, 0 noes and 3 absent. STAFF UPDATE: There has been no change in this application request since the previous public hearing. Staff continues to recommend approval of the request. PLANNING COMMISSION ACTION: (OCTOBER 26, 2006) The applicant was present representing the request. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. There was no further discussion of the item. The chair entertained a motion for placement of the item on the Consent Agenda for Approval. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. October 26, 2006 ITEM NO.: C FILE NO.: S-1531 NAME: Whispering Ridge Subdivision Preliminary Plat LOCATION: Located South of Alexander Road, West of Vimy Ridge Road DEVELOPER: Paul Evans 1805 South Woodrow Little Rock, AR 72206 ENGINEER: ETC Engineers 1510 South Broadway Little Rock, AR 72202 AREA: 29 acres NUMBER OF LOTS: 114 FT. NEW STREET: 5,970 LF CURRENT ZONING: R-2, Single-family PLANNING DISTRICT: 16 – Otter Creek CENSUS TRACT: 41.04 VARIANCES/WAIVERS REQUESTED: 1. A variance to allow a 25-foot front building line adjacent to a collector street. 2. A variance to allow a 20-foot rear yard set back for all the proposed lots. A. PROPOSAL: The applicant is proposing the subdivision of 29 acres into 104 single-family lots resulting in a density of 3.5 units per acre. The development is proposed with an average lot size of 7,500 square feet and a minimum lot size of 7,000 square feet. 5,920 linear feet of new public street is proposed with the new subdivision. Variances are being requested to allow a 25-foot front building line adjacent to a collector street and reduced rear yard setbacks (20-feet). October 26, 2006 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: S-1531 2 B. EXISTING CONDITIONS: The site was cleared of trees a few years ago with signs of undergrowth returning. There is an industrial business located to the east of the site and single-family homes located to the north and west. A large tract of vacant I-2 zoned property is located to the north. Southeast of the site is a new single-family subdivision currently under construction with the infrastructure (water, sewer and streets) being installed. Alexander Road is a two lane unimproved road with no sidewalks in place and open ditches for drainage. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received one informational phone call from an area resident. The Alexander Road Neighborhood Association, Southwest Little Rock United for Progress, the Quail Run Neighborhood Association, and all abutting property owners were notified of the public hearing. D. ENGINEERING COMMENTS: Public Works: 1. Alexander Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. 2. With site development, provide the design of the street conforming to the Master Street Plan. Construct one-half street improvements to Alexander Road including 5-foot sidewalk with the planned development. 3. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. 4. Storm water detention ordinance applies to this property. 5. Prepare a letter of pending development addressing streetlights as required by Section 31-403 of the Little Rock code. Contact Traffic Engineering at (501) 379-1813 (Steve Philpott) for more information regarding streetlight requirements. 6. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 7. 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) 379-1817 (Derrick Bergfield). 8. East and west cannot be used in street names because the proposed streets do not cross Main Street. Ridge Court, Rose Drive, Rose Court, and Ronald Court October 26, 2006 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: S-1531 3 cannot be used since they are already in use. For further assistance on street names, please contact David Hatchcock at 371-4808. 9. Street curves should be superelevated per AASHTO standards (Exhibit 3-41). Contact Traffic Engineering, Travis Herbner, at 379-1805. 10. Intersection of Roger Drive and West Roger Loop must be redesigned to a 90 degree intersection or install a round a bout. 11. Tangents between curves on Rose Drive do not meet Master Street Plan. Contact Traffic Engineering, Travis Herbner, at 379-1805. 12. Roger Drive should be redesigned to 36 foot wide collector street standard with sidewalks on both sides. Include a 100 foot roadway width taper from intersection with median of East Roger Loop and West Roger Loop. 13. East Roger Loop curve (C103) does not meet Master Street Plan standards. Curvature should be increased similar to the West Roger Loop. 14. Sidewalks with appropriate handicap ramps on East Roger Loop and West Roger Loop are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. 15. A striping plan should be submitted to Traffic Engineering for approval prior to beginning construction. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required with easements. Contact Little Rock Wastewater Utility at 688-1414 for additional information. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: If turn lane or entrance on Alexander Road requires relocation of AT & T facilities then charges would apply and would be the responsibility of the owner/developer. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. A water main extension will be required in order to provide service to this property. An existing waterline easement recorded as instrument 90-29469 in the Pulaski County Court House should be reflected on this plat. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Contact Central Arkansas Water at 377-1225 for additional information. Fire Department: Install fire hydrants per code. Contact the Little Rock Fire Department at 918-3700 for additional information. County Planning: No comment. October 26, 2006 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: S-1531 4 CATA: The site is not located on a dedicated CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (July 13, 2006) The applicant was present representing the request. Staff presented the item stating there were outstanding technical issues associated with the request. Staff requested the applicant verify the legal description, provide the proposed variances in the general notes section of the site plan and provide the names of owners of unplatted tracts abutting the plat area. Public Works comments were addressed. Staff stated some of the indicated street names could not be used because they were currently being used in other parts of the City. Staff also stated the intersections of several streets did not comply with ordinance standards. Staff requested Roger Drive be redesigned and constructed to a 36-foot collector street. Staff stated East Roger Loop did not meet the Master Street Plan standard for curvature. 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: The applicant submitted a revised preliminary plat to staff addressing most of the issues raised at the July 13, 2006, Subdivision Committee meeting. The applicant has revised the plat to address staff’s concerns related to the proposed street names, corrected the legal description and provided the variances requested in the general notes section of the proposed plat. The applicant has indicated a minimum lot width of 70-feet and a minimum lot depth of 100-feet to allow for a minimum lot area of 7,000 square feet. The average lot size proposed is 7,500 square feet. The plat indicates a 25-foot front building line adjacent to Whispering Ridge Drive, a proposed collector street. The ordinance typically requires the placement of a 30-foot building line adjacent to a collector street. Staff is supportive of this variance request. Lots 1 – 11 are indicated as reverse frontage lots with access proposed from an internal residential street and a 10-foot no right of vehicle access located on the rear of October 26, 2006 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: S-1531 5 the lots along Alexander Road. The Subdivision Ordinance allows for reverse frontage lots along arterial roadway classifications to limit the number of curb cuts and facilitate traffic movements in the area. The proposed plat indicates the placement of a 20-foot building line adjacent to Alexander Road, the rear yard of the proposed lots. Alexander Road is classified on the Master Street Plan as a minor arterial which typically requires the placement of a 35-foot building line. Staff is supportive of this variance request. The remaining lots within the subdivision are proposed with 20-foot rear yard setbacks and 8-foot side yard setbacks. The ordinance typically requires the placement of a 25-foot rear yard setback and a side yard setback equal to ten percent of the lot width not to exceed 8-feet. The indicated side yard setback is adequate to meet the typical minimum ordinance standard. The rear yard setback will require a variance. Staff is supportive of the requested variance to allow a reduced rear yard setback. The proposed preliminary plat does not indicate the placement of fencing along Alexander Road. In most cases residences prefer to place fencing along the property line to screen their homes from view of the adjacent roadway. The ordinance typically allows for the placement of a 4-foot fence within the required building setback. Staff feels most residences will prefer the placement of a six foot fence in this area. Staff is supportive of the allowance of a six foot privacy fence on the property line adjacent to Alexander Road if the property owners desire to place a fence in this area. Staff is supportive of the proposed preliminary plat and the indicated variances. The applicant has indicated the variances are being sought to allow for minimal yard area and the construction of larger homes on the proposed lots. The recent development pattern within the City has been patio home subdivisions with similar setbacks as proposed by the developer. In staff’s opinion the development of the subdivision should have minimal impact on the area. To staff’s knowledge there are no outstanding 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 above agenda staff report. Staff recommends approval of the variance request to allow a reduced building setback for Lots 1 – 11. Staff recommends approval of the requested variance to allow a reduced rear yard setback for the proposed lots within the subdivision. Staff recommends approval of the requested variance to allow a 25-foot front building line adjacent to Whispering Ridge Drive, a collector street. October 26, 2006 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: S-1531 6 Staff recommends approval of allowing the placement of a six foot privacy fence within the building setback adjacent to Alexander Road. PLANNING COMMISSION ACTION: (AUGUST 3, 2006) The applicant was present representing the request. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated July 20, 2006, requesting the item be deferred to the September 14, 2006, 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 8 ayes, 0 noes, 2 absent and 1 recusal (Commissioner Mizan Rahman). PLANNING COMMISSION ACTION: (SEPTEMBER 14, 2006) The applicant was present representing the request. There were registered objectors present. Staff presented the item stating the applicant had failed to properly notify the abutting property owners as required by the Commission’s By-laws. Staff presented a recommendation of deferral to the October 26, 2006, 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. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. STAFF UPDATE: The applicant submitted a revised preliminary plat to staff removing most of the variance requests. The applicant is now seeking a variance to allow a reduced rear yard setback of 20-feet for Lots 12 – 104 as the only variance being requested. The proposed plat indicates the subdivision of this 29.5 acre site with 104 single-family residential lots. The lots will be developed with an average lot size of 7,500 square feet and a minimum lot size of 7,000 square feet. The lots are proposed with a 25-foot front building line adjacent to the residential streets and a 30-foot building line adjacent to Whispering Ridge Drive, a collector street. A 35-foot building line has been indicated along Alexander Road along with a 10-foot restrictive access easement. Section 31-257, double frontage lots, states along arterial streets in proposed subdivisions where it is desirable to limit curb cut access, building lines shall be established on both frontages of double frontage lots. Along October 26, 2006 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: S-1531 7 the line of lots abutting such traffic artery, a restricted access easement of at least ten feet, across which there shall be no right of vehicular access permitted, shall be provided. The proposed plat indicates the placement of side yard setbacks consistent with the zoning ordinance or a minimum of ten percent of the lot width not to exceed eight feet. As stated a variance is being requested to allow the placement of a reduced rear yard setback. The proposed plat indicates the placement of a 20-foot rear yard setback. The ordinance typically requires the placement of a 25-foot rear yard setback for Lots 12 - 104. Staff is supportive of this variance request. According to the applicant the reduced rear yard setback allows for more options for the placement of homes on the proposed lots and allow for the construction of larger homes than would typically be allowed. The plat has been indicated with the development of 3.5 units per acre, consistent with single-family development under the City’s Future Land Use classification which allows up to five units per acre. In staff’s opinion the development will have limited impact on the area since the Commission recently approved two separate single-family subdivisions in this area with similar lot sizes and the proposed subdivision is consistent with the development pattern which is being established in the area. To staff’s knowledge there are no outstanding issues associated with the proposed request. Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends approval of the requested variance to allow a reduced rear yard setback for Lots 12 – 104 of the Whispering Ridge Subdivision. PLANNING COMMISSION ACTION: (OCTOBER 26, 2006) The applicant was present representing the request. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff stated the variance request to allow a reduced rear yard setback had been removed from the application request. Staff stated the proposed subdivision now appeared to fully comply with the minimum ordinance standards. There was no further discussion of the item. The chair entertained a motion for placement of the item on the Consent Agenda for Approval. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. October 26, 2006 ITEM NO.: D FILE NO.: S-1528 NAME: Kroger Subdivision Site Plan Review LOCATION: Located at 8415 West Markham Street DEVELOPER: Kroger Limited Partnership I 800 Ridgelake Boulevard Memphis, TN 38120 ENGINEER: Pickering, Inc. 6775 Lenox Center Court, Suite 300 Memphis, TN 38115 AREA: 4.01 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: C-3, General Commercial District PLANNING DISTRICT: 3 – West Little Rock CENSUS TRACT: 21.01 VARIANCES/WAIVERS REQUESTED: None requested. The applicant submitted a request dated July 17, 2006, requesting this item be deferred to the September 14, 2006, public hearing. Staff is supportive of the deferral request. PLANNIING COMMISSION ACTION: (AUGUST 3,2006) The applicant was present representing the request. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated July 17, 2006, requesting the item be deferred to the September 14, 2006, public hearing. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The Chair entertained a motion for placement of the item on the Consent Agenda for Deferral. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. October 26, 2006 SUBDIVISION ITEM NO.: D (CONT.) FILE NO.: S-1528 2 STAFF UPDATE: The applicant has contacted staff to request additional item to resolve the outstanding issues associated with the request. The applicant is requesting a deferral of the item to the October 26, 2006, public hearing. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (SEPTEMBER 14, 2006) The applicant was present representing the request. There were no registered objectors present. Staff presented the item stating the applicant had contacted them to request additional item to resolve the outstanding issues associated with the request. Staff stated the applicant had requesting a deferral of the item to the October 26, 2006, 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 Withdrawal. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. STAFF UPDATE: The applicant submitted a request dated October 11, 2006, requesting this item be withdrawn from consideration without prejudice. Staff is supportive of the withdrawal request. PLANNING COMMISSION ACTION: (OCTOBER 26, 2006) The applicant was present representing the request. There were no registered objectors present. Staff presented the item indicating the applicant had submitted a request dated October 11, 2006, requesting this 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 for placement of the item on the Consent Agenda for Withdrawal. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. October 26, 2006 ITEM NO.: E FILE NO.: Z-4663-C NAME: The Shoppes at Montclair Long-form PCD LOCATION: Located at 12226 Kanis Road DEVELOPER: Kanis Otter Creek Property Partners, LLP 8060 Count Massie Road North Little Rock, AR 72113 ENGINEER: White Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 6.99 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: POD ALLOWED USES: Office Building and 136 Room Assisted Living Facility PROPOSED ZONING: PCD PROPOSED USE: Mixed Office, Commercial VARIANCES/WAIVERS REQUESTED: None requested. The applicant submitted a request dated July 20, 2006, requesting this item be deferred to the September 14, 2006, public hearing. Staff is supportive of the deferral request. PLANNING COMMISSION: (AUGUST 3, 2006) The applicant was present representing the request. There were registered objectors present. Staff presented the item stating the applicant had submitted a request dated July 20, 2006, requesting the item be deferred to the September 14, 2006, public hearing. Staff stated they were supportive of the deferral request. October 26, 2006 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: Z-4663-C 2 There was no further discussion of the item. The Chair entertained a motion for placement of the item on the Consent Agenda for Deferral. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. STAFF UPDATE: The applicant has contacted staff to request additional item to resolve the outstanding issues associated with the request. The applicant is requesting a deferral of the item to the October 26, 2006, public hearing. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (SEPTEMBER 14, 2006) The applicant was present representing the request. There were no registered objectors present. Staff presented the item indicating the applicant had contacted staff to request additional item to resolve the remaining outstanding issues associated with the request. Staff stated the applicant was requesting a deferral of the item to the October 26, 2006, 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 Withdrawal. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. STAFF UPDATE: The applicant submitted a request dated October 11, 2006, requesting this item be deferred to the December 7, 2006, public hearing. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (OCTOBER 26, 2006) The applicant was present representing the request. There were no registered objectors present. Staff stated the applicant had submitted a request dated October 11, 2006, requesting the item be deferred to the December 7, 2006, 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 10 ayes, 0 noes and 1 absent. October 26, 2006 ITEM NO.: F FILE NO.: S-1538 NAME: Gateway Towne Center Preliminary Plat and Subdivision Site Plan Review LOCATION: Located on the Northwest corner of I-30 and I-430 DEVELOPER: Otter Creek Development Company 10 Otter Creek Court, Suite A Little Rock, AR 72210 ENGINEER: McGetrick and McGetrick Engineers 10 Otter Creek Court, Suite A Little Rock, AR 72210 AREA: 176.413 NUMBER OF LOTS: 16 FT. NEW STREET: 0 LF CURRENT ZONING: C-4, Open Display District PLANNING DISTRICT: 16 – Otter Creek CENSUS TRACT: 41.03 VARIANCES/WAIVERS REQUESTED: 1. A variance from the Land Alteration Ordinance to allow advanced grading of the site with the development of Phase I. 2. A variance to allow a reduced buffer adjacent to the floodway. A. PROPOSAL: The proposal includes a preliminary plat to allow the creation of 16 lots and a Subdivision Site Plan Review to allow the placement of multiple buildings on this 176 acre site currently zoned C-4, Open Display District. In excess of one million square feet of retail, office, entertainment and hotels are planned for the site developed as a Life-Style - Open Air Center. The site plan indicates ten (10) out parcels to be developed with stand alone retail activities including restaurant space. October 26, 2006 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: S-1538 2 The site plan indicates the Town Center with a number of buildings located on a single lot. An anchor store with 200,000 square feet, a theatre with 50,000 square feet, Jr. Anchors for a total of 74,000 square feet and additional square footage has been listed including shops and restaurants of 255,200 square feet. The site plan indicates 4,094 parking spaces for this area. The Community Center indicates the placement of 172,000 square feet of building area and 1,415 parking spaces. A total of 101,000 square feet of building area has been indicated in the out parcel area with a total of 1,073 parking spaces. Proposed Lots 11, 12 and 13 have been indicated for future development. Lot 11 contains 4.16 acres, Lot 12 contains 11.40 acres and Lot 13 contains 24.87 acres. B. EXISTING CONDITIONS: The site appears relatively flat and has a new growth of forest. Otter Creek Road is located along the western boundary, the I-30 Frontage Road is located along the southern boundary and I-430 is located along the eastern boundary. There is a traffic signal located at the I-30 Frontage Road and Otter Creek Road. There is a floodway located to the north, northwest boundary of the site currently zoned OS. Other uses in the area include a large trucking firm, CAL-ARK, located to the south of the site across Otter Creek Road. Across I-30 there is a large regional hospital facility, a hotel, and a number of office uses, accessed from Mabelvale West. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents. The Otter Creek Homeowners Association, Southwest Little Rock United for Progress and all property owners located within 200-feet of the site were notified of the Public Hearing. D. ENGINEERING COMMENTS: Public Works: 1. Submit a Traffic Impact Study for the proposed project. Study should address trip generation and trip distribution for the development and also should take into account existing and projected traffic growth. Traffic Simulation models should be developed to show that all affected intersections will be capable of handling projected traffic. October 26, 2006 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: S-1538 3 2. Otter Creek Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. 3. With site development, provide the design of the street conforming to the Master Street Plan. Construct one-half street improvements to the streets including 5-foot sidewalks with the planned development. 4. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. A variance is required to be issued for advance grading without imminent construction. 5. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. 6. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 7. Obtain approval and permits for improvements within State Highway right-of-way from AHTD, District VI. 8. A special Grading Permit for Flood Hazard Areas will be required per Section 8-283 prior to construction. 9. The finished floor elevation of the proposed structures must be elevated to 1 foot above the base flood elevation. 10. A Sketch Grading and Drainage Plan is required to be submitted for review per Section 29-186 (e). 11. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1817 (Derrick Bergfield). 12. Street Improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. 13. 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. 14. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. 15. There is a proposed Collector Street shown on the Master Street Plan through this site. Construct the street as per the Master Street Plan. October 26, 2006 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: S-1538 4 E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required with easements. On site fire hydrants may be required. Contact the Little Rock Wastewater Utility at 688-1414 for additional information. Entergy: Approved as submitted. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. A water main extension and on-site fire protection will be required in order to provide service to this property. Significant off site improvements may be required. Hydraulic analysis is needed to determine requirements. A Capital Investment Charge based on the size of the meter connection(s) may apply to this project in addition to normal charges. This fee will apply to all meter connections including any metered connections off the private fire system. This development may have significant impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department at 918-3700 for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. As a result of the one-way frontage road street configuration in the area, CATA does not believe that it will be possible to provide cost effective public transportation to the site. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: 1. Compliance with the City’s Landscape and Buffer Ordinances is required. October 26, 2006 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: S-1538 5 2. This site plan is being reviewed as a whole project; therefore, these requirements apply to all building permits issued. 3. The landscape ordinance requires a perimeter planting strip adjacent to freeways and shall be at least thirty (30) feet wide. This minimum requirement applies to the property adjacent to both Interstate 430, Interstate 30, and all transition areas between them. A variance from this minimal requirement will require approval from the City Beautiful Commission. 4. The zoning buffer ordinance requires an average fifty (50) feet wide and in no case less than half street buffer along all street corridors. 5. A fifty foot (50) wide land use buffer is required to separate this proposed development from the Open Space on the northwestern perimeter of the site. Currently, the southern perimeter is not meeting this minimum requirement. Seventy percent (70%) of these buffers are to remain undisturbed. 6. The design of this project should be sensitive to the major waterway along the northern perimeter of the site. 7. The landscape ordinance requires a minimum of eight percent (8%) of the paved areas be landscaped with interior islands. Interior islands must be a minimum of three hundred (300) feet in area to receive credit toward fulfilling landscape ordinance requirements. These islands are to be evenly distributed throughout the site. 8. An automatic irrigation system to water landscaped areas will be required. 9. 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. 10. 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: (August 24, 2006) The applicant was present representing the request. Staff presented an overview of the proposed development indicating there were several outstanding issues associated with the request. Staff requested the applicant provide additional information on the proposed preliminary plat including the source of water, the means of wastewater disposal, the source of title of the landowner and the zoning classification within and abutting the proposed plat area. Staff requested the applicant provide details of the proposed shopping center development including dumpster locations, a signage plan and the use of the proposed out parcels. October 26, 2006 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: S-1538 6 Public Works comments were addressed. Staff stated street improvements would be required per the Master Street Plan and the Boundary Street Ordinance. Staff also stated the Master Street Plan indicated a proposed collector street bisecting the property and stated the developers would be required to construct the street as proposed or request a Master Street Plan amendment to remove the proposed collector street. Staff stated a grading permit would be required prior to development. Staff questioned the applicant’s proposed grading plan. Staff stated any advance grading would require approval of the Commission prior to the clearing activities. Staff stated a traffic study would be required prior to moving forward with the application request. Landscaping comments were addressed. Staff stated a 30-foot undisturbed buffer would be required along the interstate frontage. Staff also stated a 50-foot buffer would be required along the northern perimeter where abutting the OS zoned property. Mr. Pat McGetrick questioned this requirement. He stated the OS zoned property was the floodway and had been previously dedicated to the Game and Fish Commission by the owner. Staff stated a variance would be required to allow a reduced buffer in this area. Staff stated at the time of development interior landscaping would be required per minimum ordinance standards. 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: The applicant submitted a revised site plan to staff addressing most of the issues raised at the August 24, 2006, Subdivision Committee meeting. The applicant has provided the requested additional information on the proposed preliminary plat including the source of water, the means of wastewater disposal, the source of title of the landowner and the zoning classification within and abutting the proposed plat area. The applicant has also addressed staff’s concerns regarding dumpster locations, a signage plan and the use of the proposed out parcels areas. The applicant has submitted a traffic study to staff. Public Works comments concerning access and circulation are still being addressed. Staff and the applicant are working with the Arkansas State Highway Department to minimize staff’s concerns related to the proposed drive locations, access through the site and the proposed frontage road October 26, 2006 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: S-1538 7 redesign. This issue should be addressed prior to the Commission acting on this request and additional information will be provided at the public hearing. A copy of a memorandum from Traffic Engineering has been included in this package for review. In addition, the applicant has not provided staff with requested information concerning building elevations and construction materials. Staff has concerns with the massing of the buildings and the view of the rears of the structures when viewed from the adjoining roadways. According to conversations with the developer they have indicated the buildings will be constructed as 360 degree buildings with the rears being treated with architectural elements to break the massing and give the appearance of a false front. Staff supports this concept but is requesting additional information provided by the applicant to ensure the development is constructed as proposed. The applicant has indicated staff’s concerns related to the proposed collector street located near this site will be addressed by constructing the ring road to collector street standard and allowing a connection through the future development area to provide connection to properties to the north. The applicant is seeking a variance to allow a reduced buffer adjacent to the floodway area. The applicant has indicated buffering in this area is not required since the site is located along properties now owned by the Arkansas Game and Fish Commission which if developed will be developed as a passive park and/or recreational area. Staff is supportive of the request for the reduced buffer in this area. The proposal includes a preliminary plat to allow the creation of 16 lots and a Subdivision Site Plan Review to allow the placement of multiple buildings on this 176 acre site currently zoned C-4, Open Display District. The site plan indicates in excess of one million square feet of retail, office, entertainment and hotels are planned for the site developed as a Life-Style - Open Air Center. The site plan indicates ten (10) out parcels to be developed with stand alone retail activities including restaurant space. The site plan indicates the Town Center with a number of buildings located on a single lot; an anchor store with 200,000 square feet of space located on a single lot and a theater located on a second lot with 50,000 square feet. A Jr. Anchor with 74,000 square feet of retail space and additional square footage of retail and restaurant space has been indicated on a single lot for a total of 255,200 square feet. The total square footage within this area is 579,200 square feet. A total of 4,094 parking spaces has been indicated for this area. The typical minimum parking required for a shopping center development for the indicated square footage would be 2,475 parking spaces. October 26, 2006 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: S-1538 8 The Community Center indicates the placement of 172,000 square feet of building area and 1,415 parking spaces. A total of 764 parking spaces would typically be required. A total of 101,000 square feet of building area has been indicated in the out parcel area with a total of 1,073 parking spaces. Typically restaurant space is calculated at one space per one hundred square feet and shopping center development is calculated at one space per two hundred twenty-five square feet. Based on the indicated buildings for restaurant space a total of 400 parking spaces would typically be required with an additional 448 parking spaces required for the remainder of the retail shopping (a total of 848 parking spaces). Staff feels the indicated parking is more than adequate to serve the needs of the development. Three of the lots, proposed Lots 11, 12 and 13, have been indicated for future development. Lot 11 contains 4.16 acres, Lot 12 contains 11.40 acres and Lot 13 contains 24.87 acres. The lots are zoned C-4, Open Display District. Should the lots develop with multiple buildings a site plan review will be required prior to development of the lots. The applicant has provided a signage plan for the development. Ground mounted development signs have been indicated at all entrance locations to the development. A planter area of five square feet for each six square feet of sign area, including both sides, is required at the base of the sign. Landscaping and planter is not measured as a part of the sign for the purpose of meeting horizontal and vertical size requirements. All landscaped areas are to be maintained to a minimum standard set forth in an agreement between the tenant and the developer. Only one free standing sign is allowed per out parcel. The sign may be double-faced with the display area not to exceed forty-five square feet per side face. All signs shall be of permanent construction and subject to the provisions of the building code of the locale in which it is located. Signs may be internally illuminated or back-lighted. Illumination shall be turned off within one hour of closing and turned on within one hour of opening. The vertical dimensions of the sign display area shall be no greater than five feet and the top of the said sign shall be no higher than six feet from grade level and the maximum height of the sign panel shall not exceed three feet. The horizontal dimensions of the sign display area shall be no greater than nine feet. The maximum thickness of the structure shall not exceed thirty inches. Multiple user facilities such as strip shopping centers or office buildings may have site identification signage that includes additional variables that are considered. Conceptual designs for signs serving these types of facilities shall be submitted to the owner early in the project development stage to allow ample time for revisions, resubmittal and approval. The theatre may be allowed one pylon sign in addition to one of the shopping center entrance signs that includes the name of the theatre. Building and wall signage shall identify the individual business, building or building complex by name or trademark only. Any building erected upon any out parcel that is readily visible to the public from only one direction October 26, 2006 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: S-1538 9 may contain only one building mounted sign; any other building may contain only two signs, which shall be located on separate walls or facades of such building. There shall be no roof top or penthouse signs of any kind. No building mounted sign or any portion thereof, may project above the parapet wall or top of the exterior wall or building façade upon which it is mounted. The length of any building mounted sign shall not exceed the lesser of: Forty percent of the length of the wall or façade upon which the sign is mounted, or thirty feet. The maximum height of any building mounted sign shall not exceed thirty-six inches without written approval. The following exceptions are noted: when an unusually shaped letter or ampersand may extend beyond the maximum height requirements the height may exceed thirty-six inches, a maximum total height of the sign for two or more lines of copy is fifty-four inches and a maximum length of sign is seventy-five percent of the length of leased storefront or thirty-six feet, whichever is less. Blade signage and awning signage is proposed. Tenants would be allowed logos or names on both glass areas and awnings. Additionally, graphics such as logos, crests, letters, etc. may be placed on the entrance canopy or window canopy. Blade signage is required to provide a minimum of one per elevation with maximum of two per tenant. Blade signage is to provide simple straightforward tenant identification to pedestrians. The blade sign shall include the tenant name and may include a logo or appropriate symbol emphasizing the tenant’s function or business. The site plan indicates clearing and grading of the entire site with the first phase of development. Staff is not supportive of the allowance of the clearing and grading of the 24.87 acre parcel Lot 13 since the site does not balance. Staff does support the clearing and grading of the other two indicated areas, Lots 11 and 12 provided sufficient buffers are provided. In the past, staff has supported advance grading on sites which balanced. This is not the case with this site since the site will require fill to be hauled into the site and this does not include the fill required for construction of the interstate ramps. Staff is supportive of the request provided Public Works concerns regarding access and circulation can be addressed and Planning concerns with regard to the treatment of the rear of the buildings. As stated the applicant is working with staff and the State Highway Department to minimize these concerns. The proposed reconfiguration of drives and roadways will have minimal impact on the proposed site plan. Staff feels the development may be acted upon by the Commission provided the Public Works concerns are addressed. October 26, 2006 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: S-1538 10 I. STAFF RECOMMENDATIONS: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs, D, E, F and H of the agenda staff report. PLANNING COMMISSION ACTION: (OCTOBER 26, 2006) The applicant was present representing the request. There were no registered objectors present. Staff presented the item stating the applicant had addressed staff’s concerns regarding the proposed building construction and building elevations. Staff stated the applicant had indicated the buildings would be constructed as 360 degree buildings. Staff also stated they were supportive of the Planning Commission approving the proposed site plan at this meeting conditioned upon the proposed traffic access and circulation gaining approval from the Federal Highway Administration, the Arkansas Highway and Transportation Department and the City of Little Rock Traffic Engineering Department prior to the issuance of a grading permit for the project. Staff presented a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs, D, E, F and H of the agenda staff report. There was no further discussion of the item. The chair entertained a motion for placement of the item on the Consent Agenda for Approval. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. October 26, 2006 ITEM NO.: G FILE NO.: S-1537 NAME: The Centre Addition Revised Preliminary Plat LOCATION: Located on the Northwest corner of Colonel Glenn Road and I-430 DEVELOPER: LLFI, LLC P.O. Box 22407 Little Rock, AR 72221 ENGINEER: The Holloway Firm, Inc. 200 Casey Drive Maumelle, AR 72113 AREA: 8.44 acres NUMBER OF LOTS: 3 FT. NEW STREET: 0 CURRENT ZONING: C-2, Shopping Center District PLANNING DISTRICT: 11 – I-430 CENSUS TRACT: 24.05 VARIANCES/WAIVERS REQUESTED: 1. A variance to allow the development of lots with less than the five (5) acre minimum lot size required for C-2, Shopping Center District zoned property. BACKGROUND: A preliminary plat for the subdivision of 87.137 acres zoned C-2, Shopping Center District was approved by the Planning Commission at their March 11, 2004, Public Hearing. The applicant intended to subdivide the site into four (4) lots to be marketed for C-2 commercial uses. The minimum lot proposed was 225 feet by 225 feet or 1.162 acres for three lots abutting Colonel Glenn Road with the bulk of the property contained in proposed Lot 4. On April 22, 2004, the Little Rock Planning Commission approved a revision to the preliminary plat for the site to allow the creation of 12 lots on the 87.13 acre site. The Commission also approved a site plan review for the area to allow the construction of October 26, 2006 SUBDIVISION ITEM NO.: G (Cont.) FILE NO.: S-1537 2 484,849 square feet of department stores, retail space and restaurant space and 2,546 parking spaces. The plat has expired. A. PROPOSAL/REQUEST: The applicant is proposing approval of a preliminary plat for a potion of the site. The plat area contains 8.44 acres and three lots. The lots are proposed with access from a new private drive extending from Colonel Glenn Road constructed to a commercial street standard. The lots range from 1.42 acres to 3.96 acres. The lots will be final platted based on market demand. B. EXISTING CONDITIONS: The site is vacant and tree covered, abutting I-430 and Colonel Glenn Road. The site slopes to the north from Colonel Glenn Road. There are a number of non-residential uses in the area including an automobile dealership, a movie theater, a nursing school and a strip office/showroom/warehouse development. Further southwest of the site is a public school, Fair High School, located on David O Dodd Road. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received one informational phone call from an area resident. All property owners located within 200-feet of the site, the John Barrow Neighborhood Association and the Stagecoach Dodd Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: Public Works: 1. Colonel Glenn Road is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to 55 feet from centerline will be required. An additional 10 feet of dedication is required with 250 feet from intersection. 2. A 20 foot radial dedication of right-of-way is required at the intersection of Colonel Glenn and Brodie Creek Center. 3. Private access is proposed for these lots. In accordance with Section 31-207, private streets must be designed to the same standards as public streets. A minimum access easement width of 60 feet is required and street width of 36 feet from back of curb to back of curb with sidewalks on both sides. 4. Sidewalks with appropriate handicap ramps are required along existing private drives in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. October 26, 2006 SUBDIVISION ITEM NO.: G (Cont.) FILE NO.: S-1537 3 5. With the site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to Colonel Glenn Road including 5-foot sidewalk with the planned development. 6. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. A variance is required for advanced grading beyond the right-of-way and easements. 7. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. The detention structure is required to be located on site and not within AHTD right-of-way. 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. A temporary paved cul de sac or turn around must be located at end of proposed street. 10. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. 11. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1817 (Derrick Bergfield). 12. Prepare a letter of pending development addressing streetlights as required by Section 31-403 of the Little Rock code. Contact Traffic Engineering at (501) 379-1813 (Steve Philpott) for more information regarding streetlight requirements. 13. Provide a Sketch Grading and Drainage Plan as required per Section 29-186 (e). E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required with easements. Contact Little Rock Wastewater Utility at 688-1414 for additional information. Entergy: Approved as submitted. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZA) is required on the domestic water service. This assembly must October 26, 2006 SUBDIVISION ITEM NO.: G (Cont.) FILE NO.: S-1537 4 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 Carroll Keatts at 377-1226 if you would like to discuss backflow prevention requirements for this project. Please submit two copies of the plans for the private fire line to Central Arkansas Water for review. Contact Central Arkansas Water regarding procedures for installation of private fire line. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. A Capital Investment Charge based on the size of the meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all meter connections including any metered connections off the private fire system. Fire Department: Place fire hydrants per code. On site fire hydrants may be required. Contact the Little Rock Fire Department at 918-3700 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: (August 24, 2006) The applicant 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 height of any proposed retaining walls. Public Works comments were addressed. Staff stated a grading permit was required at the time of development. Staff stated any advance grading would require approval of a variance from the Land Alteration Ordinance. Staff stated the proposed detention was located within the AHTD right-of-way and was not acceptable. Staff stated all detention was required on the developer’s property. Staff also stated the street would require extension along the property boundary of Lot 3 and a temporary turn-around would be required. October 26, 2006 SUBDIVISION ITEM NO.: G (Cont.) FILE NO.: S-1537 5 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: The applicant submitted a revised preliminary plat to staff addressing most of the issues raised at the August 24, 2006, Subdivision Committee meeting. The applicant has indicated the source of title of the landowner and indicated the retaining walls will be constructed as allowed by the Land Alteration Ordinance. The revised plat also indicates the extension of the proposed roadway and located the detention storage outside the AHTD right-of-way. The applicant is requesting a variance to allow the development of lots with less than the five (5) acre minimum lot size for C-2, Shopping Center District zoned property. The ordinance typically requires a minimum lot size of five (5) acres except in those instances where a subdivision site plan and plat proposing peripheral lots and multiple ownership is approved by the Planning Commission. The Planning Commission shall establish the size, orientation and access to multiple lot C-2 development with special emphasis on interior circulation, curb cuts and siting of physical improvements. In addition, there shall be not less than 300-feet of district frontage on at least one abutting street, whether for single or multiple building/lot development. The lots range in size from 1.4 acres to 3.9 acres. The lots will be final platted based on market demand. Staff is supportive of the request and the requested variance. Although, there is a variance request to allow the development of lots with lot sizes less than the typical minimum ordinance standard staff does not feel this will negatively impact the development or the area. To staff’s knowledge there are no outstanding 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 approval of the requested variance to allow the development of lots with less than the five (5) acre minimum lot size for C-2, Shopping Center District zoned property. October 26, 2006 SUBDIVISION ITEM NO.: G (Cont.) FILE NO.: S-1537 6 PLANNING COMMISSION ACTION: (SEPTEMBER 14, 2006) The applicant was not present. Staff presented the item stating the applicant had submitted a request on September 12, 2006, requesting the item be deferred to the Commission’s October 26, 2006, public hearing. Staff stated the deferral request would require a waiver of the Commission’s By-laws with regard to the time frame for the deferral request. There was no further discussion of the item. The Chair entertained a motion for the By-law waiver. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. The Chair entertained a motion for placement of the item on the Consent Agenda for Deferral. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. STAFF UPDATE: The applicant submitted a revised preliminary plat to staff increasing the overall land area and increasing the proposed number of lots for preliminary plat approval. The current request includes 17.613 acres within the overall tract and the creation of eight lots and one tract containing 0.333 acres to be used as regional detention. The lots range in size from 0.610 acres to 4.047 acres. Construction to Colonel Glenn Road will be completed with the final platting of Lot 3 and the extension of Brodie Creek Centre Drive is proposed to be phased with the final platting of Lots 4 – 8. Temporary turn-arounds will be provided in the interim, as lots abutting the street are final platted. The proposed plat also indicates the placement of proposed driveway locations for Lots 1, 2 and 3. Drives for the remaining lots will be determined at the time of final platting. A site plan review application request for the development of Lot 3 is a separate item on this agenda Colonel Glenn Shopping Center Zoning Site Plan Review (Z-3371-R). As stated the property is currently zoned C-2, Shopping Center District which typically requires a minimum lot size of five acres. The applicant is requesting a variance to allow the development of lots with less than the five (5) acre minimum lot size for C-2, Shopping Center District zoned property. The ordinance typically requires a minimum lot size of five (5) acres except in those instances where a subdivision site plan and plat proposing peripheral lots and multiple ownership is approved by the Planning Commission. The Planning Commission shall establish the size, orientation and access to multiple lot C-2 development with special emphasis on interior circulation, curb cuts and siting of physical improvements. In addition, there shall be not less than 300-feet of district frontage on at least one abutting street, whether for single or multiple building/lot development. The lots range in size from 0.610 acres to 4.047 acres. The lots will be final platted based on market demand. October 26, 2006 SUBDIVISION ITEM NO.: G (Cont.) FILE NO.: S-1537 7 Staff is supportive of the request and the requested variance. Although, there is a variance request to allow the development of lots with lot sizes less than the typical minimum ordinance standard staff does not feel this will negatively impact the development or the area. To staff’s knowledge there are no remaining outstanding issues associated with the request. Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends approval of the requested variance to allow the development of lots with less than the five (5) acre minimum lot size for C-2, Shopping Center District zoned property. PLANNING COMMISSION ACTION: (OCTOBER 26, 2006) The applicant was present representing the request. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff presented a recommendation of approval of the requested variance to allow the development of lots with less than the five (5) acre minimum lot size for C-2, Shopping Center District zoned property. There was no further discussion of the item. The chair entertained a motion for placement of the item on the Consent Agenda for Approval. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. October 26, 2006 ITEM NO.: H FILE NO.: Z-3371-R NAME: Colonel Glenn Shopping Center Zoning Site Plan Review LOCATION: Located on the Northwest corner of Colonel Glenn Road and I-430 DEVELOPER: LLEJ I, LLC P.O. Box 22407 Little Rock, AR 72221 DESIGN PROFESSIONAL: Roberts and Williams and Associates 1501 North University Avenue, Suite 430 Little Rock, AR 72207 AREA: 3.862 NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: C-2, Shopping Center District PLANNING DISTRICT: 11 – I-430 CENSUS TRACT: 24.05 VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL: The applicant is requesting a Zoning Site Plan Review of this 3.86 acre site currently zoned C-2, Shopping Center District. The site plan indicates the placement of a single building containing retail shopping and a restaurant. The retail shopping is proposed with a total square footage of 20,197 square feet and the restaurant is proposed with 6,337 square feet. The site plan indicates the placement of 195 parking spaces. B. EXISTING CONDITIONS: The site is vacant and tree covered, abutting I-430 and Colonel Glenn Road. The site slopes to the north from Colonel Glenn Road. There are a number of non-residential uses in the area including an automobile dealership, branch bank, a movie theater, a nursing school and a strip office/showroom/warehouse October 26, 2006 SUBDIVISION ITEM NO.: H (Cont.) FILE NO.: Z-3371-R 2 development. Further southwest of the site is a public school, Fair High School, located on David O Dodd Road. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received one informational phone call from an area resident. The John Barrow Neighborhood Association, the Stagecoach Dodd Neighborhood Association, all residents who could be identified located within 300 feet of the site and all property owners located within 200-feet of the site were notified of the Public Hearing. D. ENGINEERING COMMENTS: Public Works: 1. With site development, provide design of Colonel Glenn Road conforming to the Master Street Plan. Construct one-half street improvement to the street including 5-foot sidewalk with the planned development. 2. A Sketch Grading and Drainage Plan will be required per Section 29-186 (e). Provide plan showing existing and proposed contours, wall heights, slopes, and undisturbed areas. 3. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. The detention structure cannot be provided offsite such as in the AHTD right-of-way. 4. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. A variance from the Land Alteration Ordinance is required to grade beyond Lot 3. 5. 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. 6. Sidewalks with appropriate handicap ramps are required on the east private drive and east side of Brodie Creek Center in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. 7. Move proposed driveway into parking lot on Lot 3 east to approximately 150 feet from the intersecting right-of-way line. 8. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. 9. Private access is proposed for these lots. In accordance with Section 31-207, private streets must be designed to the same standards as public streets. A minimum access easement width of 45 feet is required and street width of 24 feet from back of curb to back of curb. October 26, 2006 SUBDIVISION ITEM NO.: H (Cont.) FILE NO.: Z-3371-R 3 10. Hauling of fill material on or off site over municipal streets and roads requires approval prior to a grading permit being issued. Contact Public Works Traffic Engineering at 621 S. Broadway, (501) 379-1817 (Derrick Bergfield) for more information. 11. 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. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required with easements. Contact the Little Rock Wastewater Utility at 688-1414 for additional information. Entergy: Approved as submitted. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZA) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW's Cross Connection Section within ten days of installation and annually thereafter. Contact Carroll Keatts at 377-1226 if you would like to discuss backflow prevention requirements for this project. Please submit two copies of the plans for the private fire line to Central Arkansas Water for review. Contact Central Arkansas Water regarding procedures for installation of private fire line. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. A Capital Investment Charge based on the size of the meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all meter connections including any metered connections off the private fire system. Fire Department: Place fire hydrants per code. On site fire hydrants may be required. Contact the Little Rock Fire Department at 918-3700 for additional information. County Planning: No comment. October 26, 2006 SUBDIVISION ITEM NO.: H (Cont.) FILE NO.: Z-3371-R 4 CATA: The site is not located on a dedicated CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: 1. Compliance with the City’s Landscape and Buffer Ordinances is required. 2. This site plan is being reviewed as a whole project; therefore, these requirements apply to all building permits issued. 3. The landscape ordinance requires a perimeter planting strip adjacent to freeways and shall be at least thirty (30) feet wide. This minimum requirement applies to the property adjacent to Interstate 430 and the transition areas. A variance from this minimal requirement will require approval from the City Beautiful Commission. 4. The zoning buffer ordinance requires an average fifty (50) feet wide and in no case less than half street buffer along all street corridors. This applies to the southern and western perimeters of the site; Colonel Glenn and Brodie Creek Center Roads. 5. The landscape ordinance requires a minimum of eight percent (8%) of the paved areas be landscaped with interior islands. Interior islands must be a minimum of three hundred (300) feet in area to receive credit toward fulfilling landscape ordinance requirements. These islands are to be evenly distributed throughout the site. 6. An automatic irrigation system to water landscaped areas will be required. 7. Prior to the issuance of a building permit, it will be necessary to provide an approved landscape plan stamped with the seal of a Registered Landscape Architect. 8. The City Beautiful Commission recommends preserving as many existing trees as feasible on this 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: (August 24, 2006) The applicant was present representing the request. Staff presented an overview of the proposed development indicating there were few outstanding issues associated with the request. Staff requested the applicant provide details of the proposed dumpster screening, any proposed signage and the maximum building height. Staff also requested the applicant provide the total square footage of the proposed restaurant. Public Works comments were addressed. Staff stated a grading permit would be required at the time of development. Staff also stated detention storage would October 26, 2006 SUBDIVISION ITEM NO.: H (Cont.) FILE NO.: Z-3371-R 5 be required on the site. Staff requested the applicant relocate the western-most drive away from the intersection of the access drive to the site along the proposed lot lines. Staff also stated right-of-way dedication would be required along Colonel Glenn Road. Staff questioned the proposed grading plan for the site. The applicant stated the limits of grading would be retained to the proposed lot development area. Landscaping comments were addressed. Staff stated a 30-foot undisturbed buffer would be required along the Interstate. Staff also stated a 30-foot street buffer would be required along Colonel Glenn Road and a 25-foot street buffer along the new street. Staff stated interior landscaped islands would be required at a minimum of eight percent of the on-site paved area. Staff noted easements could not count as the required buffer area. 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: The applicant submitted a revised site plan to staff addressing most of the issues raised at the August 24, 2006, Subdivision Committee meeting. The revised site plan includes details of the proposed dumpster screening, the proposed signage and the maximum building height. The site plan also includes the total square footage of the proposed restaurant and the proposed patio area. The restaurant is proposed with 6,337 square feet and an additional 800 square foot patio area. The shopping center is proposed with a total of 20,187 square feet. The site plan indicates the placement of 197 parking spaces to serve the development. Based on the typical minimum ordinance requirement for shopping center development (1 space per 225 square feet) 117 parking spaces would typically be required. The indicated parking is more than adequate to meet the typical minimum parking requirement. The site plan indicates the placement of ground mounted signage along Colonel Glenn Road and along Brodie Creek Center Drive. The signage is proposed not to exceed signage allowed in commercial zones or a maximum of 36 feet in height and 160 square feet in area. Building signage is proposed per the typical ordinance standard for buildings located in commercial zones or a maximum of ten percent of the façade area. Signage is proposed along the street frontages. The dumpsters have been located along the rear portion of the site with a note concerning the required screening. Two locations have been identified to serve the development with two dumpsters per location. The dumpsters will be screened with an opaque screening fence with a height sufficient to conceal the top of the container as required by typical minimum ordinance standards. The site plan indicates the placement of landscape strips sufficient to meet the typical minimum ordinance requirements. A 30 foot buffer has been indicated October 26, 2006 SUBDIVISION ITEM NO.: H (Cont.) FILE NO.: Z-3371-R 6 along the eastern perimeter of the site adjacent to the Interstate and the applicant has noted at least 70 percent of this buffer area will remain undisturbed. The indicated street buffers are adequate to meet the typical minimum ordinance requirements both along Colonel Glenn Road and Brodie Creek Center Drive. Interior landscaping has also been indicated to meet the typical minimum ordinance standard. The site plan also includes the placement of an ATM Facility on the site plan along Brodie Creek Center Drive within the proposed parking area. The applicant has designed the facility to allow stacking within the parking area to limit conflicts with customers of the center and customers of the ATM facility. Staff is supportive of the current configuration and placement of the ATM facility. Staff is supportive of the request. The request is a zoning site plan review on this C-2, Shopping Center District zoned site. The site is to be developed with a single building with setbacks more than adequate to meet the typical 40-foot minimum. To staff’s knowledge there are no outstanding issues associated with the request. The site plan appears to comply with the minimum ordinance standards as the development is proposed. Staff feels the development with a strip retail center and restaurant should have minimal impact on the area if developed as proposed. 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 above agenda staff report. PLANNING COMMISSION ACTION: (SEPTEMBER 14, 2006) The applicant was not present. Staff presented the item stating the applicant had submitted a request on September 12, 2006, requesting the item be deferred to the Commission’s October 26, 2006, public hearing. Staff stated the deferral request would require a waiver of the Commission’s By-laws with regard to the time frame for the deferral request. There was no further discussion of the item. The Chair entertained a motion for the By-law waiver. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. The Chair entertained a motion for placement of the item on the Consent Agenda for Deferral. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. STAFF UPDATE: The applicant submitted a revised site plan to staff modifying the current request. The revised plan indicates the placement of 20,014 square feet of retail space and 112 parking spaces along with a 5,500 square foot restaurant, with an 800 square foot patio October 26, 2006 SUBDIVISION ITEM NO.: H (Cont.) FILE NO.: Z-3371-R 7 area and 100 parking spaces. The drive locations have been redesigned allowing cross access through this lot (Lot 3) with proposed Lot 2 located at the intersection of Brodie Creek Center Drive and Colonel Glenn Road. A preliminary plat is also a separate item on this agenda (S-1537) to allow the creation of the proposed lot. Staff continues to support the proposed site plan review application request. The request is a zoning site plan review on this C-2, Shopping Center District zoned site to allow the placement of a strip retail center containing a restaurant. The site is to be developed with a single building with setbacks more than adequate to meet the typical 40-foot minimum. To staff’s knowledge there are no outstanding issues associated with the request. Staff feels the development as proposed should have minimal impact on the area. Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. PLANNING COMMISSION ACTION: (OCTOBER 26, 2006) The applicant was present representing the request. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. There was no further discussion of the item. The chair entertained a motion for placement of the item on the Consent Agenda for Approval. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. October 26, 2006 ITEM NO.: I FILE NO.: Z-7603-C NAME: 14910 Cantrell Road Short-form PCD LOCATION: Located at 14910 Cantrell Road DEVELOPER: Steve Hockersmith 14910 Cantrell Road Little Rock, AR 72223 ENGINEER: McGetrick and McGetrick Engineers 10 Otter Creek Court, Suite A Little Rock, AR 72210 AREA: 4.2 acres NUMBER OF LOTS: 2 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family ALLOWED USES: Single-family residential PROPOSED ZONING: PCD PROPOSED USE: Restaurant Development VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: On June 22, 2006, the Little Rock Planning Commission denied a request to rezone this site along with additional area located to the west of this site from POD and R-2 to PCD. The proposal was to allow a four lot subdivision with a combination of sit-down and drive-thru restaurants. The lots varied in size from 1.3 acres to 2.5 acres. The restaurants ranged from 4,100 square feet to 7,200 square feet. A cul-de-sac was to be constructed as a public street from Highway 10 through the middle of the lots to provide public street frontage for each lot. The developer requested the flexibility to shift lot area and restaurant size within the development to accommodate a variety of tenants. October 26, 2006 SUBDIVISION ITEM NO.: I (Cont.) FILE NO.: Z-7603-C 2 A 40-foot access and utility easement was proposed from the cul-de-sac to a property located to the east of the site. This site was approved as a PCD to allow the construction of a strip retail center with no parking or access located along the rear of the building. According to the applicant access to the site to the east would allow circulation between developments and limit the need for vehicles to access Cantrell Road from the site. A. PROPOSAL: The original application submission included an area containing 7.39 acres and four lots. This application request has since been amended removing the western portion of the development and two of the proposed lots. The current rezoning request includes the development of 4.2 acres with two lots. The applicant is requesting a rezoning from R-2 to PCD to allow the property to be developed utilizing C-3 uses as allowable uses for the site. The applicant has excluded the following listed uses as allowable uses: Beverage shop, College dormitory, College fraternity or sorority, College, university or seminary, Convenience store with gas pumps, Convent or monastery, Day nursery or day care center, Day care center, adult, Establishment for the care of alcoholic, narcotic or psychiatric patients, Group care facility, Hospital, Hotel or motel, Laundromat or pick-up station, Lodge or fraternal organization, Mortuary or funeral home, Multi-family dwellings, Parking commercial lot or garage, Pawnshop, Private club with dining or bar service, School (business), School (commercial, trade or craft), School (public or denominational), Service station. The site plan indicates two buildings will be constructed on the site. A building containing 11,000 square feet and 107 parking spaces are proposed on the lot fronting Cantrell Road and a second building containing 9,900 square feet and 110 parking spaces are proposed for the rear lot. The lots are proposed each containing in excess of two acres. Access to the development is proposed through a 24-foot existing drive located along the western perimeter of this site and is to be shared with the property located to the west proposed for future development of office and commercial uses. B. EXISTING CONDITIONS: The site contains an occupied single-family home. To the west of the site is property zoned POD to allow the future development of an office/commercial development which is the area of the original application request. The homes have been removed. To the east of the site is the Wal-Greens development and Catfish City is located further east. The area to the north is vacant and undeveloped; currently zoned R-2, Single-family. To the west of the site is a newly constructed branch bank adjacent to Cantrell Road and a dentist office located in the rear of the site on a separate lot. To the south of the site are vacant properties zoned R-2, Single-family. October 26, 2006 SUBDIVISION ITEM NO.: I (Cont.) FILE NO.: Z-7603-C 3 C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents. The Westchester-Heatherbrae and the Westbury Neighborhood Associations, the Pankey Improvement Association, the Pinnacle Neighborhood Association and the Secluded Hills Property Owners Association along with all owners of property located within 200 feet of the site and all residents, who could be identified, located within 300 feet of the site were notified of the Public Hearing. D. ENGINEERING COMMENTS: Public Works: 1. Cantrell Road is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to 55 feet from centerline will be required. Sufficient right-of-way does not exist for the entire frontage of Cantrell Road. 2. A 5 foot sidewalk with appropriate handicap ramps is required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan along Cantrell Road and access easements. 3. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. 4. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. A variance is required to be obtained for grading of lots without imminent construction. 5. 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. 6. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. 7. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1817 (Derrick Bergfield). 8. Submit a letter certified by a Professional Engineer registered in the State of Arkansas stating that the driveway location on Highway 10 provides the required sight distance for driver’s entering/exiting the facility. Analysis must be done in accordance with the 2004 Edition of the AASHTO Green Book. All proposed landscaping and signage should be considered in certification. The proposed driveway (60 foot access easement and Cantrell Road) maybe re-designed to be right-in-right-out due to inadequate site distance. A triangular island with proper geometry must to October 26, 2006 SUBDIVISION ITEM NO.: I (Cont.) FILE NO.: Z-7603-C 4 be provided to eliminate left turn movements into and out of driveway. 9. In accordance with Section 31-210 (h)(12), access driveways running parallel to the street shall not create a four-way intersection within 75 feet of the future curb line of the street. 10. Private access is proposed for these lots. In accordance with Section 31-207, private streets must be designed to the same standards as public streets. A minimum access easement width of 60 feet is required and street width of 36 feet from back of curb to back of curb. 11. Submit a Traffic Impact Study for the proposed project. Study should address trip generation and trip distribution for the development and also should take into account existing and projected traffic growth. Traffic simulation models should be developed to show that all affected intersections will be capable of handling projected traffic. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required with easements. Contact Little Rock Wastewater Utility at 688-1414 for additional information. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. A Capital Investment Charge based on the size of connection(s) will apply to this project in addition to normal charges. A water main extension will be required in order to provide service to this property. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department at 918-3700 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 Mixed Use for this property. The applicant October 26, 2006 SUBDIVISION ITEM NO.: I (Cont.) FILE NO.: Z-7603-C 5 has applied for a Short form PCD requesting a rezone of this site from R-2, Single Family to Planned Commercial Development to allow the creation of four lots and the placement of a restaurant facility on each of the lots. The request does not require a change to the Land Use Plan. Master Street Plan: Cantrell Road is shown as a Principal Arterial on the Master Street Plan. This street may require dedication of right-of-way and may require street improvements. 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. Bicycle Plan: A Class I route is shown on Taylor Loop. A Class I bikeway is built separate from or alongside a road. Additional paving and right of way may be required. City Recognized Neighborhood Action Plan: The applicant’s property lies in the area covered by the River Mountain Neighborhood Action Plan. The Sustainable Natural Environment goal has these objectives relevant to this case: Preserve the Highway 10 Design Overlay District and Promote vigorous enforcement of Landscaping and Excavation Ordinances. These objectives could affect the application thorough proper landscaping and screening. Landscape: 1. Compliance with the City’s Landscape and Buffer Ordinances is required. 2. The proposed land use buffer along the northern perimeter abutting residential property is less than the thirty-four (34’) feet minimum requirement. Easements cannot count toward fulfilling this requirement. Seventy percent (70%) of these buffers are to remain undisturbed. 3. The property to the north is zoned residential; therefore, a six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the northern perimeter of the site. 4. This project is being reviewed as a whole; therefore, all comments will apply for each building permit obtained. 5. Berming is encouraged along Scenic Highway 10. 6. The proposed land use buffer along the northern and eastern perimeter abutting residential property is less than the 25-feet average width required by the Highway 10 Overlay District Ordinance. 7. A portion of the proposed parking lot encroaches into the forty (40’) feet wide Highway 10 Overlay District requirement. 8. The landscape ordinance requires a minimum of eight percent (8%) of the paved areas be landscaped with interior islands. Interior islands must be October 26, 2006 SUBDIVISION ITEM NO.: I (Cont.) FILE NO.: Z-7603-C 6 a minimum of three hundred (300) feet in area to receive credit toward fulfilling landscape ordinance requirements. These islands are to be evenly distributed throughout the site. 9. An automatic irrigation system to water landscaped areas will be required. 10. Prior to the issuance of a building permit, it will be necessary to provide an approved landscape plan stamped with the seal of a Registered Landscape Architect. 11. The City Beautiful Commission recommends preserving as many existing trees as feasible on 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: (August 24, 2006) The applicant was present representing the request. The Commission questioned why the application request was being considered. Commissioner Yates stated the application was the exact application which was recently denied by the Commission. He stated according to the Commission’s By-laws the Commission could not consider the application request. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. STAFF UPDATE: (October 5, 2006) This item was presented to the Subdivision Committee by staff at their October 5, 2006, committee meeting. Staff stated the applicant had submitted a revised plan to staff eliminating the western portion of the proposed development thus creating a substantially different application request. Staff stated they would work with the applicant to address concerns related to the proposed site plan prior to the Commission hearing the request. H. ANALYSIS: The applicant has addressed most of staff’s concerns related to the proposed site plan which were raised at the October 5, 2006, Subdivision Committee meeting. As indicated, the site plan has been amended from the original filing creating a substantially different application request. The original application submission included an area containing 7.39 acres and four lots. This application request has since been amended removing the western portion of the development and two of the proposed lots. The current rezoning request includes the development of 4.2 acres with two lots, one lot being developed as a lot without public street frontage. The applicant is requesting the property be developed utilizing C-3 uses as allowable uses for the site. The applicant has excluded the following listed uses as allowable uses: Beverage shop, College dormitory, College fraternity or sorority, College, university or seminary, Convenience store with gas pumps, October 26, 2006 SUBDIVISION ITEM NO.: I (Cont.) FILE NO.: Z-7603-C 7 Convent or monastery, Day nursery or day care center, Day care center, adult, Establishment for the care of alcoholic, narcotic or psychiatric patients, Group care facility, Hospital, Hotel or motel, Laundromat or pick-up station, Lodge or fraternal organization, Mortuary or funeral home, Multi-family dwellings, Parking commercial lot or garage, Pawnshop, Private club with dining or bar service, School (business), School (commercial, trade or craft), School (public or denominational) and Service station. The site plan indicates two buildings will be developed on the site each on an individual lot. A building containing 11,000 square feet and 107 parking spaces are proposed on the lot fronting Cantrell Road and a second building containing 9,900 square feet and 110 parking spaces are proposed for the rear lot. The lots are proposed each containing in excess of two acres. Access to the development is proposed through a 24-foot existing drive located along the western perimeter of this site and is to be shared with the adjacent property. The site is located within the Highway 10 Design Overlay District. The Overlay typically requires a minimum lot development size of two acres. The lots are indicated with 2.01 and 2.33 acres which are adequate to meet this typical minimum ordinance requirement for lot size. The Highway 10 Design Overlay typically requires the placement of a 25-foot average landscape buffer along the perimeters of the site and a 40-foot landscape strip along the highway frontage. The proposed site plan indicates the front yard and western landscape strips as typically required by the Highway 10 Design Overlay District. The landscape strip along the eastern perimeter does not meet the typical minimum ordinance requirement. The indicated parking stalls and drives are in excess of the typical minimum ordinance standards and could be reduced to allow sufficient landscaping to fully comply with minimum ordinance standard. The front building line per the Highway 10 Design Overlay District is typically required at 100-feet. The side yard building setback is typically required at 30-feet and the rear yard setback at 40-feet. The setbacks on the indicated site plan are more than adequate to meet these typical minimum ordinance standards. The site plan indicates the placement of an 11,000 square foot commercial building and 107 parking spaces on one lot. The ordinance would typically require the placement of 36 parking spaces for a commercial business other than a restaurant and 110 parking spaces for a restaurant facility. The second building is proposed with 9,900 square feet and 110 parking spaces. The typical minimum parking required for a commercial business would be 33 parking spaces and a restaurant would typically require the placement of 99 parking spaces. The site plan indicates the placement of a single development sign along the southeastern portion of the proposed drive. The sign is proposed with a maximum height of ten feet and a total sign area of one hundred square feet, consistent with the Highway 10 Design Overlay District standards. Building signage is proposed as typically allowed per commercial building signage of the zoning ordinance or a maximum of ten percent of the façade area. October 26, 2006 SUBDIVISION ITEM NO.: I (Cont.) FILE NO.: Z-7603-C 8 Staff is not supportive of the applicant’s request. The site is indicated as Mixed Use on the City’s Future Land Use Plan. This classification allows for a mixture of residential, office and commercial uses to occur. Staff feels a mixed use development is more appropriate for the site allowing a transition from the commercial uses located to the east of the site, at a commercial node, to the office uses located to the west. I. STAFF RECOMMENDATIONS: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (OCTOBER 26, 2006) The applicant was present representing the request. There were registered objectors present. Staff presented the item with a recommendation of denial. Mr. McGetrick stated the original application did include the development of four lots which was revised to only include the development of two lots. He stated the development was limited to C-3 uses with a number of the uses stricken from the listing. He stated the site would allow a transition from the commercial uses to the east and the office uses to the west. He stated the western property was approved for 21,000 square feet of office and 8,000 square feet of commercial space on the rear lot and a restaurant on the front lot. He stated the development would tie to a previously approved access to the western lot so no new curb cuts were proposed for Cantrell Road. He stated he felt the development was less intense than an office use since patrons would be accessing the commercial uses at non-peak traffic hours. He stated he could not commit to the hours of operation since he did not know the specific users of the site. He stated the user could be a commercial business or a restaurant. Mr. McGetrick stated he was willing to amend his application request to increase the landscaping along the eastern perimeter to comply with the Highway 10 Design Overlay District. Ms. Celia Martin addressed the Commission in opposition of the request. She stated the development was too intense for the area. She stated the previous proposal did not allow for the amount of commercial development being proposed with the current application. She stated the commercial uses should be restricted to the commercial node and not allowed to expand to the west. Ms. Ruth Bell addressed the Commission in opposition of the request. She stated the League of Women Voters had lived and died for the Highway 10 Design Overlay District. She stated it was important to allow step down classifications to protect the corridor. She stated the current requested expanded the commercial node which existed at Taylor Loop and Cantrell Roads. She stated Mr. McGetrick indicated commercial was not as intense as office uses but most restaurants had to serve a minimum of two meals per day to be profitable. She stated many served three which did conflict with traffic movements in the area. October 26, 2006 SUBDIVISION ITEM NO.: I (Cont.) FILE NO.: Z-7603-C 9 Mr. McGetrick stated he felt the zoning did allow a step down in classification with the commercial uses to the east and the office uses to the west. He stated a commercial development was already in place to the west of the site and the proposed development would only compliment the area. He stated the commercial businesses would have different traffic patterns than the peak traffic in the area. A motion was made to approve the request as amended. The motion failed by a vote of 4 ayes, 4 noes and 3 absent. October 26, 2006 ITEM NO.: J FILE NO.: LU06-19-06 Name: Land Use Plan Amendment - Chenal Planning District Location: Norton Road, just south of Cantrell Road Request: Single Family to Suburban Office Source: Chris Flake PROPOSAL / REQUEST: Land Use Plan amendment in the Chenal Planning District from Single Family to Suburban Office. Suburban Office represents services that are low intensity in nature. A Planned Zoning District is required. The applicant wishes to change the property to Suburban Office to start a new daycare facility. Prompted by this Land Use Amendment request, the Planning Staff expanded the area of review to include area immediately north of this property to include the existing daycare. It is thought that the additional area would make the boundaries more logical. EXISTING LAND USE AND ZONING: The area is mostly residential along Norton Road and is currently zoned R-2 Residential. It is outside the city limits and is 1.8 acres in size. The northern portion of the amendment is a Planned Development for Office; this is the applicant’s current daycare that he wishes to expand. The surrounding area to the south and the southwest is all zoned R-2 Residential and has single-family residences developed on it. To the immediate east of the amendment area is a Planned Commercial Development for a Mexican restaurant La Palapa. To the northeast, across Cantrell, is another Planned Commercial Development for a liquor store and an auto shop. To the north and northwest, across Cantrell, is another Planned Commercial Development for an auto repair shop and O-1 Office which appears to be vacant. Further east along Cantrell are several more Planned Commercial Developments. Two of these are houses with approval for commercial uses, and one is for sale. At the corner of Cantrell Road and Patrick Country Road is another Planned Commercial Development which is where Saddle Creek Church is located. About a mile east of Norton Road is the intersection of Cantrell Road and Chenonceau Boulevard. The eastern side of this intersection has begun development with the 1st Security building on the north and a shopping center on the south, but for the most part, this intersection is undeveloped. There is quite a bit of vacant office and commercial land available here. October 26, 2006 SUBDIVISION ITEM NO.: J (Cont.) FILE NO.: LU06-19-06 2 FUTURE LAND USE PLAN AND RECENT AMENDMENTS: This area is currently planned for Single Family. To the west and south of this area is also planned for Single Family. Immediately to the east and to the northeast are planned Business Nodes for the existing businesses. To the northwest is planned for Office and Suburban Office. Suburban Office is also planned to the east of this area just on the other side of the Business Node. To the northeast at Patrick Country Road and Cantrell is planned for Public Institutional for the Saddle Creek Church. At the intersection of Chenonceau and Cantrell there is a mix of Commercial and Office planned. In this area, that was just described, there is a total of 26 acres planned for Suburban Office and 50 acres planned for Office that is either vacant or undeveloped. Ordinance 19577 on August 15, 2006 amended the area at the southeast corner of Chenal Parkway and Arkansas Systems Drive from Office to Mixed Office Commercial. This was to allow for the development of a bank and a three story building with 31 percent commercial. Ordinance 19581 on August 15, 2006 amended the area at the northwest corner of Rahling Road and Chenal Valley Drive from Office to Mixed Use for a shopping center at this location. Ordinance 19584 on August 15, 2006 amended the area at the southwest corner of Rahling Road and Champlin Drive from Mixed Use to Neighborhood Commercial to more accurately represent the zoning for this area. Ordinance 19559 on June 27, 2006 amended the area on either side of Wellington Hills Boulevard, east of Kirk Road from Office, Neighborhood Commercial and Low Density Residential to Mixed Office Commercial to allow for more Commercial development in this area. Ordinance 19292 on April 5, 2005 changed multiple areas in this region. One of these changes was to the immediate west of the current amendment area. It was changed from Single Family to Public Institutional to recognize the existing uses. To the northeast of the amendment area on Chenonceau was changed from Mixed Office Commercial to Commercial. On Ranch Boulevard, one area was changed from Single Family to Public Institutional and another area was changed from Mixed Office Commercial to Commercial. The property at 5800 Ranch Drive was changed from Mixed Office Commercial to Office. At the northeast corner of Katillus and Cantrell an area was changed from Transition to Suburban Office. Further south on Katillus was changed from Transition to Single Family. All four corners at the intersection of Chenal and Cantrell were changed from Park/Open Space to Commercial. South of Cantrell on Chenal was changed from Park/Open Space to Single Family. At Cantrell Road and October 26, 2006 SUBDIVISION ITEM NO.: J (Cont.) FILE NO.: LU06-19-06 3 Highway 300 was changed from Public Institutional, Neighborhood Commercial, and Single Family to Suburban Office. On the south side of Cantrell Road at Highway 300 was changed from Public Institutional to Single Family and Low Density Residential. At the northeast corner of the intersection of Highway 300 and Cantrell a change was made from Single Family to Office. These amendments were part of a review of the Highway 10/Cantrell Corridor as requested by the Little Rock Board of Directors. Ordinance 19042 on January 20, 2004 a change was made from Single Family to Commercial west of Norton Road and north of Cantrell road to accommodate for more commercial uses at the intersection of Chenal Parkway and Cantrell. Ordinance 19097 on May 18, 2004 on the south side of Cantrell Road between Chenonceau and west of the Chevaux residential subdivision was amended from Single Family to Office for future development. Ordinance 19053 on February 17, 2004 at the intersection of Chenal and Cantrell and the surrounding areas multiple changes were made. Most of the changes were to promote this intersection for future commercial uses. Ordinance 19039 on January 20, 2004 amended the Office at the southwest corner of Rahling Road and Champlin and on the south side of Rahling Road approximately three hundred feet east of Champlin to Mixed Use for future development. Ordinance 18887 on June 17, 2003 amended multiple areas in the Chenal District. A portion of the Office on the south side of Rahling Road at the intersection of Chenal Valley Drive was changed to Multi Family. A portion of the Single Family and Multi Family on the east side of the extension of Wellington Hills Road was changed to Low Density Residential. The Single Family on the west side of Champlin Road/Wellington Hills Road was amended to Multi Family. These changes were made for future multi family developments and to recognize existing zoning. Ordinance 18678 on June 4, 2002 amended the Single Family on the south side of Cantrell Road on both sides of Drew Lane for approximately 400 feet west and eastward to the Park/Open Space area to Suburban Office. The amendment was made to allow for a new office development in this area. Ordinance 18627 on January 2, 2002 amended the Single Family north and east of the Northfield Road and Chenal Parkway to Commercial. The Single Family south and east of the Northfield Road and Chenal Parkway up to and including the first electrical transmission line easement was changed to Suburban Office. Also, the Single Family along Chenal Parkway east of the before mentioned area and west of Aberdeen Subdivision was amended to Park/Open Space. These changes were made to allow for more future Office and Commercial development. October 26, 2006 SUBDIVISION ITEM NO.: J (Cont.) FILE NO.: LU06-19-06 4 Ordinance 18561 on September 18, 2001 amended multiple areas in the Chenal District. The Commercial on the southwest corner of the north intersection of Chenal Valley Drive and Chenal Parkway was amended to Single Family. The Low Density Residential and Public Institutional south of Taylor Loop Road and west of Hinson Road was amended to Single Family. The Single Family at the northeast corner of Chenal Valley Drive and Rahling Road was amended to Neighborhood Commercial and Office. These changes were made because a developer wanted to expand a Single Family Residential development. Ordinance 18457 on April 17, 2001 at the southwest corner of Rahling Road and Chenal Parkway was amended from Multi Family, Park/Open Space, Single Family and Community Shopping to Community Shopping. These changes were made to return the Land Use Plan to match the zoning after a PCD was revoked for this area. MASTER STREET PLAN: Cantrell Road is shown as a Principal Arterial on the plan. The front of the property will actually be on Norton Road, which is a Local Street. Local Streets, which are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered “Commercial Streets”. These streets have a design standard the same as a Collector. Street improvements may be required. BICYCLE PLAN: A Class II bicycle route follows Cantrell Road. A Class II is either on the shoulder or a separate marked lane on the road. PARKS: There are no existing parks in this general area, but the location is within eight blocks of open space according to the Master Parks Plan. HISTORIC DISTRICTS: There are no city recognized historic districts that would be affected by this amendment. October 26, 2006 SUBDIVISION ITEM NO.: J (Cont.) FILE NO.: LU06-19-06 5 CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN: The property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. ANALYSIS: The amendment area is on Norton Road and is currently planned for Single Family with a request to change to Suburban Office for a daycare facility. Norton Road is a short local street with six single-family detached houses on it. This residential area has been in place for several years, and staff feels that the residential property needs to be protected from further non-residential development down Norton Road. The current building permit data shows a definite market for single family housing in this census tract. There is a demand for more residential in this area. The existing homes on Norton Road are each on large lots. These could be developed into a smaller lot type subdivision that would be more typical of the surrounding neighborhoods. These large lots could also be maintained in their present state as an alternative to the more typical lot size currently being developed. Suburban Office and Office uses are shown on the Plan within a mile of the amendment area. There are many sites that are already planned and zoned appropriately within this area. Within one mile of this site, there are a total of 26 acres of Suburban Office planned and almost 50 acres of Office planned. Most of this acreage remains undeveloped. Across Cantrell from the amendment area is an eight-acre area that is mostly undeveloped and planned for Suburban Office and is zoned O-1. To the north of the amendment area off of Valley Ranch Drive is planned for Office and is zoned O-3. This area is largely undeveloped. East of the amendment area at the intersection of Chenonceau and Cantrell there is an undeveloped eight-acre tract planned Office with O-2 zoning. Because there is so much undeveloped Office and Suburban Office available in the area, it seems that the demand for more office is not great at this time. While there have been hundreds of permits issued for single family additions in the past few years, very few have come through for office permits in this census tract. Since 2002 there have only been five permits issued for office buildings within this census tract and most were issued for banks. NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood associations: Aberdeen Court Property Owners Association, Margeaux Property Owners Association and Maywood Manor Neighborhood Association. Staff has not received any comments from area residents. October 26, 2006 SUBDIVISION ITEM NO.: J (Cont.) FILE NO.: LU06-19-06 6 STAFF RECOMMENDATIONS: With the availability of Office and Suburban Office land in the area, a change to Suburban Office is not appropriate at this time. PLANNING COMMISSION ACTION: (OCTOBER 26, 2006) Walter Malone, Planning Staff, presented the existing land use pattern in the area. Mr. Malone reviewed the various existing Planned and Zoned Office areas near the proposal. There is demand for residential in the area and there is abundant office and commercial vacant land in the general area. Staff does not support a change in land use in the Land Use Plan for this area. Ms. James of the Planning Staff reviewed the related Planned Zoning District proposal. The speaker generally discussed the Planned Zoning District request. For compete minutes of the two items see item ‘J.1 Z-8091’ (Flake PDO). By a vote of 1 (Laha) for, 8 against and 2 absent (Adcock, Rahman) the proposed change was denied. October 26, 2006 ITEM NO.: J.1 FILE NO.: Z-8091 NAME: Flake Short-form PD-O LOCATION: Located on Norton Road, just South of Cantrell Road DEVELOPER: Chris Flake 3709 Idlewild North Little Rock, AR 72116 SURVEYOR: James Butler 5323 John F. Kennedy Boulevard North Little Rock, AR 72116 AREA: 0.812 Acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 CURRENT ZONING: R-2, Single-family ALLOWED USES: Single-family Residential PROPOSED ZONING: PD-O PROPOSED USE: Infant Daycare Facility VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: Ordinance No. 18,402 adopted December 12, 2000, by the Little Rock Board of Directors established My Little School Short-form PD-O located on the southeast corner of Cantrell Road and Norton Road. The site was originally zoned R-2 which would typically require a Conditional Use Permit to allow the site to develop with a daycare facility but since the site was located in the Highway 10 Design Overlay District and the site was less than two acres, a Planned Development was sought. The approved plan included the development of a 6,000 square foot daycare facility with a maximum building height of 24-feet. The applicant indicated a total of 31 parking spaces with a single access point along Norton Road. The applicant indicated a total of October 26, 2006 SUBDIVISION ITEM NO.: J.1. (Cont.) FILE NO.: Z-8091 2 148 children and the hours of operation to be from 5:30 am to 6:00 pm Monday through Friday. The site is located in an unincorporated island of the City. The applicant’s property is not contiguous to the city limits and he tried unsuccessfully to annex by encouraging contiguous property owners to request annexation into the City. The applicant secured from the City Manger’s Office an agreement to extend sewer to the site by signing a pre-annexation agreement. On January 6, 2004, the Little Rock Board of Directors adopted Ordinance No. 19,014 revising the previously approved PD-O. The applicant requested to revise the previously approved PD-O to allow the construction of a 7,000 square foot building on the site and to be allowed a room upstairs for an office use. There was no change in the number of children served at the facility or the days and hours of operation. A. PROPOSAL: The applicant is requesting a Planned Office Development zoning to allow the placement of a daycare facility on the site located immediately south of his existing daycare facility. The existing business has been operational since July 5, 2005. The building is proposed as a single story building that will serve as an infant center. The facility will house up to 48 children with approximately eight employees. The facility will operate during the same business hours as the existing facility or from 6:30 am to 6:00 pm Monday through Friday. The building will have one staff restroom with approximately five sinks and a utility room with a washer and dryer. The site plan indicates the placement of 15 on-site parking spaces. According to the applicant, availability of care for this particular age group tends to be scarce in the childcare industry. With the isolation of this age group from the older children the applicant has indicated this should help to control sickness within the infant program. A privacy fence has been indicated on the proposed site plan along the southern and western perimeters. The applicant has indicated no dumpster will be placed on the site and the dumpster located on the existing site will be utilized by the new facility. B. EXISTING CONDITIONS: The site contains a single-family residence. Immediately north of the site is a daycare facility. There are single-family homes located to the south and across Norton Road to the west. There is a mixture of commercial and residential uses and zoning located along Cantrell Road. October 26, 2006 SUBDIVISION ITEM NO.: J.1. (Cont.) FILE NO.: Z-8091 3 C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls concerning the proposed development. The Johnson Ranch Neighborhood Association, the Aberdeen Property Owners Association, the Margeaux Property Owners Association, all residents located within 300-feet of the site who could be identified and all property owners located within 200-feet of the site were notified of the public hearing. D. ENGINEERING COMMENTS: Public Works: 1. The proposed land use would classify Norton Road on the Master Street Plan as a commercial street. Dedicate right-of-way to 30 feet from centerline. 2. With the site development, provide the design of the street conforming to the Master Street Plan. Construct one-half street improvement to the street including 5-foot sidewalk with the planned development. 3. Driveway locations do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The lots must share a single driveway access. Proposed parking lot should take access from the existing parking lot. 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. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this property. The property is located outside the City limits of Little Rock. Approval from the Little Rock Board of Directors is required prior to connecting to the wastewater system. 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. Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). Contact Central Arkansas Water regarding meter size and location. A Capital Investment October 26, 2006 SUBDIVISION ITEM NO.: J.1. (Cont.) FILE NO.: Z-8091 4 Charge based on the size of the meter connection(s) will apply to this project in addition to normal charges. Fire Department: Outside the service boundary. Provide a letter from the area volunteer fire department indicating their knowledge of the proposed project and their ability to serve the development. County Planning: Driveway permit required from Pulaski County Road and Bridge. Contact Pulaski County Planning at 340-8260 for additional information. CATA: The site is located near CATA Bus Route #25, the Highway 10 Express Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Chenal Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for a POD for an infant day care facility. A land use plan amendment for a change to Suburban Office is a separate item on this agenda (LU06-19-06). Master Street Plan: Cantrell Road is shown as a Principal Arterial on the Master Street Plan and Norton Road is shown as a Local Street. These streets will require dedication of right-of-way and may require street improvements. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. 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 II bike route is shown along Cantrell Road. A Class II bikeway is located on the street as either a foot shoulder or six foot marked bike lane. Additional paving and right of way may be required. City Recognized Neighborhood Action Plan: The property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. October 26, 2006 SUBDIVISION ITEM NO.: J.1. (Cont.) FILE NO.: Z-8091 5 Landscape: 1. Compliance with the City’s Landscape and Buffer Ordinances is required. 2. The landscape and zoning buffer ordinance require a nine foot wide (9’-0”) land use buffer next to the residentially zoned properties along the southern perimeter of the site. Easements cannot count toward fulfilling this requirement. Seventy percent (70%) of these buffers are to remain undisturbed. 3. The landscape ordinance requires a minimum nine foot wide (9’-0”) landscape perimeter strip along the northern and southern perimeters of the site. A variance from this minimum requirement will require a variance from the City Beautiful Commission. 4. The landscape and zoning buffer ordinance require an average twelve foot wide (12’-0”) land use buffer next to the residentially zoned properties along the eastern perimeter of the site. Easements cannot count toward fulfilling this requirement. Seventy percent (70%) of these buffers are to remain undisturbed. 5. The zoning buffer ordinance requires an average twelve foot wide (12’-0”) street buffer and in no case less than nine foot wide (9’-0”) along Norton Road. 6. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the southern and eastern perimeters of the site. Credit towards fulfilling this requirement can be given for existing trees and undergrowth that satisfies this year-around requirement. 7. Curb and gutter or another approved border will be required to protect landscaped areas from vehicular traffic. 8. The landscape ordinance requires a minimum 3 foot wide landscaping strip between the building and the proposed parking lot. G. SUBDIVISION COMMITTEE COMMENT: (August 24, 2006) The applicant was not present. Staff presented an overview of the proposed development indicating they would work with the applicant to resolve any outstanding issues associated with the request prior to the Commission meeting. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing most of the issues raised by staff during the August 24, 2006, Subdivision Committee meeting. The applicant has provided the days of operation, details of any proposed fencing including the location, height and construction materials, the proposed dumpster October 26, 2006 SUBDIVISION ITEM NO.: J.1. (Cont.) FILE NO.: Z-8091 6 location or the means of garbage disposal and details of any proposed signage including location, height and area. The site plan indicates a screening fence will be placed along the southern and eastern perimeters of the site. The site plan indicates a dumpster will not be placed on the site and garbage disposal will be handled through the use of an existing dumpster located on the applicant’s adjacent business. No new ground mounted sign is being proposed. Building signage is proposed consistent with signage allowed in office zones or a maximum of ten percent of the façade area. The proposal is to remove an existing single-family residences from the site and construct a new 3,500 square foot building. The site plan indicates a 25-foot setback from the eastern property line and a 30-foot setback along the southern perimeter. Minimum landscape buffers have been indicated within these setback areas. The site plan indicates the placement of a shared drive from the existing daycare center site to serve this development. The site plan also indicates the placement of 15 on-site parking spaces. A drive-through canopy has been indicated on the front of the new building to allow drop-offs out of the weather. Parking for a daycare facility is typically required at one space per administrator, teacher and employee on the largest shift plus one space per facility vehicle plus one space per ten persons of the licensed capacity. The center will employ eight persons and forty-four children will be served. The typical minimum parking required would be 12 parking spaces. The site is located outside the City limits of the City of Little Rock but is located within the City’s Extraterritorial Planning Jurisdiction. The area is located within an unincorporated island which the City has plans to annexed prior to the 2010 Census. Staff is not supportive of the request. The site is indicated as Single Family on the City’s Future Land Use Plan as is the area to the south and west. Norton Road is a short residential street with homes on large lots fronting the street. The Maywood Manor Subdivision is located immediately west of Norton Road and the Aberdeen Neighborhood is located immediately south of Norton Road. Staff feels this area should be protected as a residential neighborhood. There was a recent proposal by the property owners of Norton Road to rezone the entire area to a non-residential use which was denied by the Planning Commission. Although the proposed use would appear to not be an intense use staff feels the allowance of the rezoning would allow prospective developers to “get their foot in the door” for approval of more intense zonings for this area. Staff feels the integrity of these small single-family subdivisions should be protected and the rezoning request denied, maintaining the single-family uses in the area. I. STAFF RECOMMENDATIONS: Staff recommends denial of the request. October 26, 2006 SUBDIVISION ITEM NO.: J.1. (Cont.) FILE NO.: Z-8091 7 PLANNING COMMISSION ACTION: (OCTOBER 26, 2006) The applicant was present representing the request. There were registered objectors present. Staff presented the item with a recommendation of denial of the request. Mr. Chris Flake addressed the Commission on the merits of his request. He stated the proposed use as an infant care center was not an intense use and less intense than a daycare since there would be no outdoor play. He stated the hours would conducive to residential uses since the center was closed by 6:00 pm and not open on weekends. He stated a daycare was like a school which was allowed adjacent to residential uses. He stated he was not asking to add any additional traffic to the area since there would be no new driveway cuts along Norton Road. He stated a number of the clients would utilize the services of both centers. He stated the location was critical to allow parents to drop off children at one location instead of traveling to two separate locations for drop offs and pickups. Ms. Alicia Finch addressed the Commission in opposition of the request. She stated the proposed development was an expansion of commercial activities in the area and an encroachment into the neighborhood. She stated to allow the rezoning would open the door for developers to expand non-residential uses into these existing neighborhoods which the residents preferred to keep closed. She requested the Commission protect the neighborhoods and deny the request. Mr. Paul DeBusk addressed the Commission in opposition of the request. He stated previously he was notified of the proposed daycare and was not concerned since the Highway 10 Plan was in place. He stated he felt the plan would protect the residents and the neighborhood which had not been the case and the childcare facility was approved. He stated he felt the area should remain residential and if the site was rezoned to allow all the homes on Norton Road to also be rezoned to commercial. He stated the traffic and noise increased with the first phase of the daycare and with the additional children this would only intensify. Ms. Janus Argo addressed the Commission in opposition of the request. She stated she was fearful of the entire area becoming commercial as Mr. DeBusk had indicated. She stated her subdivision was located to the south of the homes on Norton Road and if the area became a commercial area this would affect the residents of Aberdeen. Ms. Ruth Bell, representing the League of Women Voters, addressed the Commission in opposition of the request. She stated once a site was rezoned to an office use it was difficult for the site to become residential again. She stated the residents of adjoining subdivision should be protected for commercial development eroding their neighborhoods. Mr. Flake stated if approved and he chose to do some other business the Commission would have to revisit the approval. He stated he was requesting a specific use, an October 26, 2006 SUBDIVISION ITEM NO.: J.1. (Cont.) FILE NO.: Z-8091 8 infant day care center, for the site. He stated the traffic would not flow any further into the neighborhood since he would utilize his existing curb cut. He stated the proposed use was not an intense use and the location was critical since it was adjacent to his existing facility. He stated this offered convenience to his customers. The Commission questioned if the existing building could be expanded to provide the space. Mr. Flake stated this was not an option. The Commission questioned if alternative locations had been reviewed. Mr. Flake stated he had looked at other locations but the current location served his needs the best. A motion was made to approve the request. The motion failed by a vote of 5 ayes, 4 noes and 2 absent. October 26, 2006 ITEM NO.: K FILE NO.: Z-7174 NAME: The Cottages in the Pines Long-form PD-R Revocation LOCATION: Located on the West side of Heinke Road approximately 1200 feet South of Johnson Road. DEVELOPER: Rolling Pines Limited Partnership #2 Otter Creek Circle Little Rock, AR 72210 ENGINEER: McGetrick and McGetrick Engineers 10 Otter Creek Court, Suite A Little Rock, AR 72210 AREA: 5.340 Acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 CURRENT ZONING: PD-R ALLOWED USES: Multi-family housing PROPOSED ZONING: R-2, Single-family ALLOWED USE: Single-family residential VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: Ordinance No. 18,778 adopted by the Little Rock Board of Directors on November 19, 2002, established The Cottages in the Pines Long-form PD-R. The rezoning was to allow the development of the site with elderly housing through a PD-R. The site was located outside the City Limits at the time of the PD-R zoning action. The site was located in an area the City exercised subdivision jurisdiction but did not exercise zoning jurisdiction. The Little Rock Board of Directors approved an annexation request for the site on July 16, 2002, by the adoption of Ordinance No. 18,726. October 26, 2006 SUBDIVISION ITEM NO.: K (Cont.) FILE NO.: Z-7174 2 Section 36-179(a) states territory which may hereafter be annexed to the City shall be classified in the R-2, Single-family district immediately upon acceptance by the City unless or until a zoning plan for the area is prepared or adopted. With the approval of the revocation the property would revert to the R-2, Single-family zoning district. A. PROPOSAL/REQUEST: Per Section 36-458(a) Cause for revocation as enforcement action. The Planning Commission may recommend to the Board of Directors that any PUD or PD approval be revoked and all building permits or certificates of occupancy be voided under the following circumstances: (1) The applicant has not submitted a final development plan to staff. Where a staged development plan is approved the Board of Directors may revoke the entire preliminary plan or may revoke only that stage on which a final plan has not been submitted and approved. (2) Construction has not commenced within the time allowed. (3) The applicant has not adhered to the development schedule as stated in the approved preliminary plan. In addition, to the revocation for cause, Section 36-454(e) final development plan states the applicant shall have three years from the date of passage of the ordinance approving the preliminary approval to submit the final development plan. Request for extensions of time shall be submitted in writing to the Planning Commission which may grant one extension of not more than two years. Failure of the applicant to file a timely extension shall be cause for revocation of the PUD as provided in the ordinance. Per the ordinance requirement of the procedure for revocation, staff has contacted the applicant indicating the default of approval and setting a time to appear before the Planning Commission to show cause why steps should not be made to totally or partially revoke the PD-R zoning classification. According to the ordinance, the Planning Commission shall provide a recommendation which shall be forwarded to the Board of Directors for disposition as in the original approval. B. EXISTING CONDITIONS: The site is a vacant heavily wooded site adjacent to an abandoned railroad right-of- way. The area to the east is single-family with what appears to be an old salvage yard. North of the site is a wastewater utility pump station. Other uses in the area include a mix of single-family and manufactured housing scattered along Heinke Road and the roads, which feed onto Heinke Road. Heinke Road is an unimproved roadway with no shoulders and deep ditches on both sides. C. NEIGHBORHOOD COMMENTS: As of this writing staff has not received any comment from area residents. All property owners within 200 feet, all residents within 300 feet of the site who could be identified October 26, 2006 SUBDIVISION ITEM NO.: K (Cont.) FILE NO.: Z-7174 3 and the Shilo, Rolling Pines and Southwest Little Rock United for Progress Neighborhood Associations were notified of the Public Hearing. D. STAFF RECOMMENDATION: Staff feels the approval should be voided since the applicant has failed to satisfy the requirements of the approval process. Staff recommends the current PD-R zoning classification be revoked and the property be zoned R-2, Single-family. PLANNING COMMISSION ACTION: (SEPTEMBER 14, 2006) The applicant was present. There were registered objectors present. Chairman Stebbins stated there were only eight (8) Commissioners present. He stated the Commission’s policy was to offer the applicant a deferral when fewer than eight (8) Commissioners were present. He questioned the applicant if they would like to take the deferral option. Staff stated even though they were the applicant since the developer was requesting a deferral they were not opposed to a deferral. The Commission questioned staff as to the date of the public hearing. Staff stated October 26, 2006, would be the date of public hearing. There was no further discussion of the item. The chair entertained a motion for deferral of the item to the October 26, 2006, public hearing. The motion carried by a vote of 8 ayes, 0 noes and 3 absent. STAFF UPDATE: There has been no change in this application request since the previous public hearing. Staff continues to recommend the current zoning classification be revoked and R-2, Single-family restored to the property. PLANNING COMMISSION ACTION: (OCTOBER 26, 2006) Staff was the applicant on the request. Mr. Tommy Hodges the property owner was present to address the reasons for not revoking the PD-R zoning classification. Staff presented the item with a recommendation of revocation of the current PD-R zoning and the restoration of R-2, Single-family zoning. Mr. Hodges stated he had owned the property for 25 to 30 years and development in the area had been stagnant. He stated the proposal was to develop the site with elderly housing similar to his development in Otter Creek but he was having financing difficulties. He stated he was not willing to give up on the project and requested the Commission maintain his zoning to allow additional time to find funding for the project. He stated the Commission was not bound to revoke the zoning. He stated the ordinance read the Commission may recommend a revocation of the zoning. He stated recently he gave the October 26, 2006 SUBDIVISION ITEM NO.: K (Cont.) FILE NO.: Z-7174 4 City of Little Rock 92 single-family lots as a gift. He stated this was a sizable donation to the City of Little Rock to allow for future development. He stated he understood if the zoning was not revoked he would have to come before the Commission and the Board of Directors to reestablish the site plan but the zoning would remain on the property. He stated the zoning would aid him in his search for funding. There was a general discussion between the Commission and staff concerning the reasoning for revocation. Staff stated the zoning was expired and they were just following up with the ordinance requirements. Staff also stated the residents in the area had requested staff request the revocation as a part of their short-term goals for future development of the area. A motion was made to approve the revocation request. The motion failed by a vote of 0 ayes, 9 noes and 2 absent. October 26, 2006 ITEM NO.: L FILE NO.: LA-0006-A NAME: Colonel Glenn Center Addition – Clearing & Wall Construction Variance Request LOCATION: West of Talley Road; North & South of Remington Road APPLICANT: Boen Enterprises ENGINEER: McGetrick & McGetrick AREA: approximately 12 acres CURRENT ZONING: O3 VARIANCES/WAIVERS REQUESTED: 1. Clear and grade a multi-lot or multi-phase development where construction is not imminent; 2. Construct a retaining wall that exceeds the cut and fill limits of Sec. 29-190. A. PROPOSAL/REQUEST: Applicant is requesting a variance from the Land Alteration Regulations to clear, and grade on lots 9, 10, 11, 17, and 18 without construction being imminent. Following grading, the applicant proposes to construct retaining walls on these lots. The proposed wall shows to be about 19 ft tall which exceeds the terrace and wall height limits of 15 ft per Sec 29-190. B. EXISTING CONDITIONS: These O-3 zoned lots located along Remington Drive are approximately 12 acres and covered in trees. The lots are adjacent to Remington College and Value Place Hotel located to the west. Undeveloped, tree covered lots zoned O3 are located to the east of the lots to be graded. On the north, the property is bordered by C3 zoned properties that are already cleared by this same applicant. Also located to the north is Landers Toyota. The property located to the south of the lots is zoned R2 and separated by a 35 ft open space buffer and a private street. C. SUBDIVISION COMMITTEE COMMENTS: (August 24, 2006) Public Works comments were given to Pat McGetrick representing the applicant. Staff questioned why additional clearing and grading is being requested when the majority of the existing cleared lots of the subdivision are yet to be developed and no new October 26, 2006 SUBDIVISION ITEM NO.: L (Cont.) FILE NO.: LA-0006-A 2 building permit applications have been submitted. These lots were cleared approximately 5 years ago and at that time the owner told staff construction on those lots was imminent. Staff was given a letter from Mr. McGetrick from the Arkansas Baptist State Convention which stated the convention intends to begin construction on lots 10 and 11 no later than June 1, 2007. Staff questioned why the clearing, grading, and wall construction could not begin when the Arkansas Baptist State Convention applies for a building permit. Mr. McGetrick stated he would give this information to the applicant. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. D. STAFF RECOMMENDATION: This item was previously on the May 25, 2006 Planning Commission agenda but was withdrawn by the applicant. Now, the applicant has sent staff a letter dated August 31, 2006 asking for the request to be deferred for three (3) weeks in order to obtain commitment of purchase of the lots to be developed. Staff is in support of the deferral request. E. PLANNING COMMISSION ACTION: (SEPTEMBER 14, 2006) The applicant was present representing the request. There were no registered objectors present. Staff stated the applicant had submitted a request to defer the item to the September 28, 2006 agenda. Staff stated they were supportive of the withdrawal 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 10 ayes, 0 noes and 1 absent. F. STAFF RECOMMENDATION: Staff did not receive further proof of imminent construction for review as requested. Due to lack of information and proof of notice, staff recommends deferral of the request to October 26, 2006 meeting. PLANNING COMMISSION ACTION: (SEPTEMBER 28, 2006) Staff informed the Commission that the application needed to be deferred to the October 26, 2006 Agenda in order for the applicant to submit additional information. October 26, 2006 SUBDIVISION ITEM NO.: L (Cont.) FILE NO.: LA-0006-A 3 The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the October 26, 2006 Agenda. A motion to that effect was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent. STAFF UPDATE: The applicant submitted a request dated October 11, 2006, requesting this item be deferred to the December 7, 2006, public hearing. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (OCTOBER 26, 2006) The applicant was present representing the request. There were no registered objectors present. Staff stated the applicant had submitted a request dated October 11, 2006, requesting the item be deferred to the December 7, 2006, 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 10 ayes, 0 noes and 1 absent. October 26, 2006 ITEM NO.: M FILE NO.: LA-0013 NAME: I-430 & Col. Glenn – Hockersmith Timber Harvest LOCATION: Southwest corner of I-430 & Colonel Glenn Road APPLICANT: Glenn Ridge Crossings, LLC. APPLICANT AGENT: Steve Hockersmith AREA: Approximately 54 acres CURRENT ZONING: Unknown VARIANCES/WAIVERS REQUESTED: Conduct land alteration activities, harvest timber, with construction not being imminent as required by the Land Alteration Regulations, Sec. 29-186(b). A. PROPOSAL/REQUEST: Applicant is requesting a variance from the Land Alteration Regulations to harvest timber on approximately 54 acres located at the southwest corner of I-430 and Colonel Glenn south of the Rave Theater with construction not being imminent. B. EXISTING CONDITIONS: These 54 acre O2 zoned property is located at the end of Bowman Plaza Road. Interstate 430 is located to the east of the property and the site plan shows a 50 ft undisturbed buffer located between the property and I-430. On the north, the property is bordered by an O2 zoned property that is already cleared. Also, to the north, are an undeveloped lot and a future phase of the Southern Automotive Dealership which is currently under construction. Located to the south is tree covered property zoned R2. The property located to the west is J. A. Fair High School. A 50 ft undisturbed buffer is shown to be located between the property and the school. C. SUBDIVISION COMMITTEE COMMENTS: (August 24, 2006) The applicant was present. Staff stated no information has been provided except the application and a site plan. A forestry management plan had yet to be submitted for staff review. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. October 26, 2006 SUBDIVISION ITEM NO.: M (Cont.) FILE NO.: LA-0013 2 D. STAFF RECOMMENDATION: This application was previously withdrawn from the August 1, 2006 Planning Commission agenda due to a forestry management plan had not been submitted as required by code. Staff did receive a forestry management plan for review on August 31, 2006. Due to the lack of information in that plan, staff did not have sufficient time or information for review prior to preparation of staff recommendation and comments. Staff recommends deferral of the request to the September 28, 2006. PLANNING COMMISSION ACTION: (SEPTEMBER 14, 2006) The applicant was present representing the request. There were no registered objectors present. Staff presented the item stating they had received the requested forestry management plan but it appeared the plan was lacking critical information to complete the review process. Staff stated due to the lack of information in the plan and staff had not had sufficient time to complete the review, a recommendation of deferral of the request to the September 28, 2006, public hearing was presented. PLANNING COMMISSION ACTION: (SEPTEMBER 28, 2006) Staff informed the Commission that the application needed to be deferred to the October 26, 2006 Agenda in order for the applicant to submit additional information. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the October 26, 2006 Agenda. A motion to that effect was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent. STAFF UPDATE: The applicant submitted a request dated October 11, 2006, requesting this item be deferred to the December 7, 2006, public hearing. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (OCTOBER 26, 2006) The applicant was present representing the request. There were no registered objectors present. Staff stated the applicant had submitted a request dated October 11, 2006, requesting the item be deferred to the December 7, 2006, public hearing. Staff stated they were supportive of the deferral request. October 26, 2006 SUBDIVISION ITEM NO.: M (Cont.) FILE NO.: LA-0013 3 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 10 ayes, 0 noes and 1 absent. October 26, 2006 ITEM NO.: N FILE NO.: LA-0014 NAME: Boen Timber Harvest – NW I-430 & Col. Glenn LOCATION: Northwest corner of I-430 & Colonel Glenn Road APPLICANT: Loenard Boen APPLICANT AGENT: Pat McGetrick AREA: Approximately 82 acres CURRENT ZONING: C2 VARIANCES/WAIVERS REQUESTED: Conduct land alteration, activities, harvest timber, with construction not being imminent as required by the Land Alteration Regulations, Sec. 29-186(b). A. PROPOSAL/REQUEST: Applicant is requesting a variance from the Land Alteration Regulations to harvest timber on approximately 82 acres located at the northwest corner of I-430 and Colonel Glenn with construction not being imminent. B. EXISTING CONDITIONS: This 82 acre, C2 zoned property is located Northwest of Colonel Glenn Road and Interstate 430. Interstate 430 is located to the east of the property and the site plan shows a 50 ft undisturbed buffer located between the property and I-430. On the north, the property is bordered by an open space which is the floodplain of Brodie Creek. Also located to the north are single family homes on R2 zoned properties and some undeveloped property zoned MF12. The properties across Bowman Road located to the west zoned R2 are a horse farm and a manufactured home park. The property to the south is the Baptist Health System education center zoned C2 and some other cleared, undeveloped properties zoned C2. C. SUBDIVISION COMMITTEE COMMENTS: (August 24, 2006) The applicant was present. Staff stated no information has been provided except the application and a site plan. A forestry management plan had yet to be submitted for staff review. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. September 14, 2006 SUBDIVISION ITEM NO.: N (Cont.) FILE NO.: LA-0014 2 D. STAFF RECOMMENDATION: This same application but by another applicant was previously withdrawn from the August 3, 2006 Planning Commission agenda due to a forestry management plan had not been submitted as required by code. Staff did receive a forestry management plan for review on September 1, 2006. Due to the lack of information in that plan, staff did not have sufficient time or information for review prior to preparation of staff recommendation and comments. Staff recommends deferral of the request to the September 28, 2006. PLANNING COMMISSION ACTION: (SEPTEMBER 14, 2006) The applicant was present representing the request. There were no registered objectors present. Staff presented the item stating they had received the requested forestry management plan but it appeared the plan was lacking critical information to complete the review process. Staff stated due to the lack of information in the plan and staff had not had sufficient time to complete the review, a recommendation of deferral of the request to the September 28, 2006, public hearing was presented. STAFF UPDATE: The applicant submitted a request dated October 11, 2006, requesting this item be deferred to the December 7, 2006, public hearing. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (OCTOBER 26, 2006) The applicant was present representing the request. There were no registered objectors present. Staff stated the applicant had submitted a request dated October 11, 2006, requesting the item be deferred to the December 7, 2006, 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 10 ayes, 0 noes and 1 absent. October 26, 2006 ITEM NO.: 1 FILE NO.: S-1100-I NAME: Capitol Lakes Estates Preliminary Plat LOCATION: Located on Cooper Orbit Road, South of Capitol Hills Boulevard DEVELOPER: Jay DeHaven P.O. Box 13256 Maumelle, AR 72113 ENGINEER: White-Daters and Associates #24 Rahling Circle Little Rock, AR 72223 AREA: 85.5 Acres NUMBER OF LOTS: 199 FT. NEW STREET: 14,900 CURRENT ZONING: R-2, Single-family PLANNING DISTRICT: 18 – Ellis Mountain CENSUS TRACT: 42.07 VARIANCES/WAIVERS REQUESTED: 1. A variance to allow an increased street grade at intersections. (Section 31-204) 2. A variance to allow a reduced front building line for Lots 5, 16 Block 4, Lots 9, 10, 29 - 32 Block 14. (Section 31-256) 3. A variance to allow a reduced front building line adjacent to a collector street. [Section 31-256(1)] 4. A variance to allow lots without public street frontage Lots 7 – 9 Block 8. (Section 31- 231) 5. A variance to allow a reduced lot depth for Lots 6 – 14 Block 14. [Section 31-232(a)] The applicant submitted a request dated October 11, 2006, requesting a deferral of this item to the December 7, 2006, public hearing. Staff is supportive of the deferral request. October 26, 2006 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-1100-I 2 PLANNING COMMISSION ACTION: (OCTOBER 26, 2006) The applicant was present representing the request. There were no registered objectors present. Staff stated the applicant had submitted a request dated October 11, 2006, requesting the item be deferred to the December 7, 2006, 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 10 ayes, 0 noes and 1 absent. October 26, 2006 ITEM NO.: 2 FILE NO.: S-1396-A NAME: Pleasant Tree Tract A Replat LOCATION: Located at the end of Johnny Cake Lane DEVELOPER: Lighthouse Partners, LLC 400 West Capitol Avenue, Suite 1223 Little Rock, AR 72201 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 1.25 acres NUMBER OF LOTS: 3 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family PLANNING DISTRICT: 2 – Rodney Parham CENSUS TRACT: 22.05 VARIANCES/WAIVERS REQUESTED: 1. A variance to allow the creation of a pipe stem lot – Lot 456B. [Section 31-232(f)] 2. A variance to allow a reduced lot width of proposed Lots 456A and 456C. [Section 31-232a)] 3. A variance to allow the creation of a double frontage lot for proposed Lot 456B. [Section 31-232(d)] A. PROPOSAL/REQUEST: The property contains 1.25 acres and is the original recreational facility for the Pleasant Tree 1st Addition neighborhood. The pool and recreational facility have been shut down for some time. The developer is proposing to allow the subdivision of this area into three (3) residential lots fronting on Johnny Cake Lane. October 26, 2006 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1396-A 2 There are variances associated with the proposed request. The request includes a variance to allow the creation of a pipe stem lot for Lot 456B and a variance to allow a reduced lot width for Lots 456A and 456 C. The request also includes a variance to allow the creation of a double frontage lot for proposed Lot 456B. B. EXISTING CONDITIONS: The site contains the recreational facility and the pool for the subdivision. Both are no longer being used. The area is a single-family subdivision with homes along Johnnycake Lane. There is a large drainage structure located along the northern perimeter of the site. To the north of the site is an apartment complex accessed from Green Mountain Drive. To the northeast of the site are office uses and a mini-warehouse development with commercial uses being located further northeast. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents. The Neighborhood Association is in full support of the proposed development and application. All abutting property owners and the Pleasant Tree Recreation Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: Public Works: 1. Lot 456C may have to be altered for adequate maneuvering room for the driveway. 2. The addition of a cul-de-sac is recommended due to potential driveway access conflicts. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this property. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. An additional fire hydrant may be required, which would involve installation of additional 8-inch water main. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water October 26, 2006 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1396-A 3 regarding procedures for installation of the hydrant(s). Contact Central Arkansas Water regarding the size and location of the water meter(s). 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: (October 5, 2006) The applicant was present representing the request. Staff presented an overview of the proposed application indicating there were a few outstanding issues associated with the request. Staff stated a 10-foot no right of vehicular access easement should be included along the Green Mountain lot frontage. Staff also stated the source of title of the landowner should be included in the general notes section of the proposed plat. Public Works comments were addressed. Staff stated the indicated maneuvering room for a drive for Lot 456C did not appear to be adequate. Staff also stated a cul-de-sac was recommended due to potential driveway access conflicts. 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: The applicant submitted a revised preliminary plat to staff addressing most of the issues raised at the October 5, 2006, Subdivision Committee meeting. The revised plat indicates the placement of a 10-foot no right of vehicular access easement along Green Mountain Drive on Lot 465B as requested by staff. The source of title of the landowner has also been included on the revised plat. The site plan indicates the placement of a shared drive on Lots 456B and 456 C. According to the applicant, a cul-de-sac is cost prohibitive to allow for resale and redevelopment of the lots. The applicant has demonstrated adequate turning October 26, 2006 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1396-A 4 movements with the existing turn-around. Staff is supportive of the proposed driveway access. The plat includes variances, as proposed. A variance to allow the creation of a pipe stem lot for Lot 456B is being requested. Per the Subdivision Ordinance, pipe stem lots are prohibited. Section 31-2 describes a pipe stem lot and sets forth typical minimum requirements for the development of a pipe stem lot. The minimum width of the stem at the right of way shall be 30-feet and the maximum depth of the pipe stem lot shall be 300-feet. The lot as indicated meets this typical minimum requirement. The plat also includes a variance to allow a reduced lot width for Lots 456A and 456 C. The property is zoned R-2, Single-family District which typically requires a minimum lot width of 60-feet. The lots as proposed have a minimum lot width at the right of way of 40-feet for Lot 456A and 30-feet for Lot 456C. A variance from Section 31-232(d) to allow the creation of a double frontage lot is proposed for Lot 456B. The proposed plat has indicated a 10-foot no right of vehicular access easement along the lot frontage on Green Mountain Drive. Section 31-257, double frontage lots, states along arterial streets in proposed subdivisions where it is desirable to limit curb cut access, building lines shall be established on both frontages of double frontage lots. Along the line of lots abutting such traffic artery, a restricted access easement of at least 10-feet, across which there shall be no right of vehicular access permitted, shall be provided. Although Green Mountain Drive is not classified on the Master Street Plan as an arterial roadway, the street does carry a large volume of traffic and in staff’s opinion access from Lot 456B should be limited to the existing residential street. Staff is supportive of the allowance of the double frontage lot as proposed. Staff is supportive of the proposed plat and the indicated variances. The proposal is to allow the creation of three residential lots fronting on Johnny Cake Lane with lot sizes similar to lots within the existing subdivision. To staff’s knowledge, there are no outstanding issues associated with the proposed request. Staff feels the creation of the three lots as proposed should have minimal impact on the adjoining properties and the area. I. STAFF RECOMMENDATIONS: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends approval of the variance request to allow the creation of a pipe stem lot – Lot 456B. [Section 31-232(f)] October 26, 2006 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1396-A 5 Staff recommends approval of the variance request to allow a reduced lot width of proposed Lots 456A and 456C. [Section 31-232a)] Staff recommends approval of the variance request to allow the creation of a double frontage lot for proposed Lot 456B. [Section 31-232(d)] PLANNING COMMISSION ACTION: (OCTOBER 26, 2006) The applicant was present representing the request. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff also presented a recommendation of approval of the variance requests to allow the creation of a pipe stem lot – Lot 456B, [Section 31-232(f)], to allow a reduced lot width of proposed Lots 456A and 456C, [Section 31-232(a)], and to allow the creation of a double frontage lot for proposed Lot 456B [Section 31-232(d)]. There was no further discussion of the item. The chair entertained a motion for placement of the item on the Consent Agenda for Approval. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. October 26, 2006 ITEM NO.: 3 FILE NO.: S-1542 NAME: Holiman Subdivision Preliminary Plat LOCATION: Located at 10322 Peace Valley Drive DEVELOPER: Edna Holiman 10322 Peace Valley Drive Mabelvale, AR 72103 ENGINEER: Laha Engineers 6602 Baseline Road Little Rock, AR 72209 AREA: 5 acres NUMBER OF LOTS: 2 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family PLANNING DISTRICT: 15 – Geyer Springs West CENSUS TRACT: 41.05 VARIANCES/WAIVERS REQUESTED: 1. A variance to allow an increased lot depth to width ratio for proposed Lots 1 and 2. [Section 31-232(b)] 2. A deferral of the Master Street Plan improvements to Peace Valley Road including paving, sidewalk construction, curb and gutter for 2 years. A. PROPOSAL/REQUEST: The applicant is requesting a lot split of this existing five acre tract which currently contains two single-family homes. According to the applicant, the desire is to sell one of the homes along with 2 acres of property. The owner will retain the remaining home and acreage. There is a variance request to allow an increased lot depth to width ratio for the proposed lot resulting in a 5:1 ratio. There is also a deferral request of the Master Street Plan requirements to Peace Valley Drive including curb, gutter and sidewalk placement for a period not to exceed two years. October 26, 2006 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-1542 2 B. EXISTING CONDITIONS: Peace Valley Drive is an unimproved street extending from Mabelvale Cut-off. There are two single-family homes located on the site and the primary use of the area is single-family or vacant property; north and west of the site are vacant and zoned R-2, Single-family properties. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area property owners. All abutting property owners, the Legion Hut Neighborhood Association, the West Baseline Neighborhood Association and Southwest Little Rock United for Progress were notified of the public hearing. D. ENGINEERING COMMENTS: Public Works: 1. Peace Valley Drive is classified on the Master Street Plan as a residential street. A dedication of right-of-way 25 feet from centerline along the entire frontage will be required. 2. With site development, additional asphalt pavement must be provided. Construct street widening to provide at least 20 feet of asphalt pavement across the entire frontage of the lots. The existing ditches may have to be moved. Any future replatting will result in half street improvements to Peace Valley Road to Master Street Plan standards. 3. Construct an asphalt surfaced turn around in the right-of-way at the end of Peace Valley Drive for City service vehicles. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required with easements. Contact Little Rock Wastewater Utility at 688-1414 for additional information. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire October 26, 2006 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-1542 3 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: (October 5, 2006) Mr. Troy Laha was present representing the request. Staff presented an overview of the proposed development indicating there were a few outstanding issues associated with the request. Staff requested Mr. Laha include a vicinity map on the proposed plat. Public Works comments were addressed. Staff stated street improvements to 20-feet of pavement would be required along Peace Valley Drive. Staff also stated an asphalt turn-around was required at the end of Peace Valley Drive for City service vehicles. 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: The applicant submitted a revised plat to staff addressing most of the issues raised at the October 5, 2006, Subdivision Committee meeting. The revised plat includes the placement of a vicinity map as requested by staff. The revised plat indicates the placement of additional paving along the property frontage along with a turn-around at the end of Peace Valley Drive. The applicant is requesting a deferral of the improvements for a period not to exceed two years. Wastewater Utility is currently placing sewer lines in the area and a line is proposed along Peace Valley Drive. The deferral request is to allow the sewer line to be placed along Peace Valley Drive prior to the paving taking place. Staff is supportive of the deferral request. The request is to allow a lot split of an existing five acre tract which currently contains two single-family homes. There is a variance request from the Subdivision Ordinance Section 31-232(b) to allow the creation of the lots with an increased lot depth to width ratio. The ordinance typically allows a depth to width ratio of 3:1. The proposed lot configuration results in a lot depth to width ratio of October 26, 2006 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-1542 4 5:1. Staff is supportive of the variance request. The site is located in an area where there are a number of homes located on large lots or tracts which have similar lot configurations. Staff does not feel the requested variance will have any adverse impact on the area if developed as proposed. To staff’s knowledge there are no outstanding issues associated with the request. I. STAFF RECOMMENDATIONS: Staff recommends approval of the request subject to compliance with the comments and condition as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends approval of the variance requested to allow an increased lot depth to width ratio for the proposed lots. Staff recommends approval of the 2-year deferral request of the Master Street Plan requirements to Peace Valley Drive. PLANNING COMMISSION ACTION: (OCTOBER 26, 2006) The applicant was present representing the request. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff presented a recommendation of approval of the variance requested to allow an increased lot depth to width ratio for the proposed lots. Staff also presented a recommendation of approval of the 2-year deferral request of the Master Street Plan requirements to Peace Valley Drive. There was no further discussion of the item. The chair entertained a motion for placement of the item on the Consent Agenda for Approval. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. October 26, 2006 ITEM NO.: 4 FILE NO.: S-1543 NAME: Mondari Estates Preliminary Plat LOCATION: Located on the South side of Denny Road, 0.75 miles East of Ferndale Cut-off DEVELOPER: Corliss Williamson Revocable Trust 23021 Denny Road Little Rock, AR 72223 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 54 acres NUMBER OF LOTS: 11 FT. NEW STREET: 1,800 LF CURRENT ZONING: R-2, Single-family PLANNING DISTRICT: 19 - Chenal CENSUS TRACT: 42.02 VARIANCES/WAIVERS REQUESTED: 1. A variance to allow the development of lots with private streets. (Section 31-231) 2. A variance to allow an increased length of a minor residential street. 3. A waiver of the required street improvements to Denny Road. The applicant submitted a request dated October 11, 2006, requesting a deferral of this item to the December 7, 2006, public hearing. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (OCTOBER 26, 2006) The applicant was present representing the request. There were no registered objectors present. Staff stated the applicant had submitted a request dated October 11, October 26, 2006 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: S-1543 2 2006, requesting the item be deferred to the December 7, 2006, 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 10 ayes, 0 noes and 1 absent. October 26, 2006 ITEM NO.: 5 FILE NO.: S-1544 NAME: Ventana Ridge Preliminary Plat LOCATION: Located on Lawson Road West of David O Dodd DEVELOPER: Emprise, LLC 1 Sunset Lake Drive Little Rock, AR 72210 ENGINEER: Civil Design, Inc. 15104 Cantrell Road Little Rock, AR 72223 AREA: 212 acres NUMBER OF LOTS: 161 & 2 Tracts FT. NEW STREET: 17,700 LF CURRENT ZONING: R-2, Single-family PLANNING DISTRICT: 21 – Burlingame Valley CENSUS TRACT: 42.02 VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: The proposal includes the subdivision of 212 acres into 161 single-family lots with an average lot size of one acre. A minimum lot size of 0.3 acres is proposed. An area along Lawson Road has been indicated in two tracts (Tract 1, 2.9 acres and Tract 2, 5.9 acres) on the proposed plat for future commercial development. The development is proposed in three phases. Lots 1 – 131 are proposed in the first phase and Lots 132 – 161 are proposed in the second phase. The third phase has been identified on the proposed plat without a development plan. According to the applicant, once development plans are secured, a revised preliminary plat will be sought for approval of the proposed lot configuration. A total of 17,700 linear feet of new public street is being proposed, constructed to Master Street Plan standard. October 26, 2006 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: S-1544 2 B. EXISTING CONDITIONS: The site is located south of Lawson Road outside the City limits but within the City’s Extraterritorial Planning Jurisdiction. There are single-family homes located in the area along Lawson Road. McHenry Creek is located along the plat’s northern boundary. The site is located adjacent to the City limits along the southeastern portion of the proposed plat area. The Plantation Acres subdivision is located along the southwestern portion of the proposed plat area. The site is wooded with varying degrees of topography. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents. All abutting property owners, the Crystal Valley Neighborhood Association and Southwest Little Rock United for Progress were notified of the public hearing. D. ENGINEERING COMMENTS: Public Works: 1. Lawson Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. 2. Street centerline horizontal and vertical alignments must meet the Master Street Plan standards. The maximum centerline grade for collector streets is 12%, the maximum centerline grade for residential streets is 15%, and the maximum centerline grade for minor residential streets is 16%. Provide detailed cross sections of proposed streets or a certification prepared by a professional engineer that all streets will be constructed to meet the Master Street Plan standards. 3. Provide entire subdivision on a single sheet of paper with a vicinity map included. 4. Submit a letter certified by a Professional Engineer registered in the State of Arkansas stating that the driveway provides the required sight distance for drivers for all intersections. Analysis must be done in accordance with the 2004 Edition of the AASHTO Green Book. Avoid planting trees or shrubs in line of sight that may cause sight obstruction. 5. Plan sheets need to be printed off to scale. 6. Prepare a letter of pending development addressing streetlights as required by Section 31-403 of the Little Rock code. Contact Traffic Engineering at (501) 379-1813 (Steve Philpott) for more information regarding streetlight requirements. 7. Sidewalks with appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. 8. Provide vicinity map. October 26, 2006 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: S-1544 3 9. Desert Cove and Arizona Drive must intersect perpendicular to Ventana Ridge. 10. Streets must be constructed to the Master Street Plan standards. 11. Add a cul-de-sac or turn around at the end of Grande Ridge Drive, Ventana Ridge Road, and Bluff Cove. 12. If property is annexed into the City of Little Rock, a grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. A variance must be obtained to advance grade or harvest timber on lots prior to final plats and to advance grade or harvest timber on future phases. 13. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. 14. If disturbed area is 1 or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 15. With site development, provide design of street conforming to the Master Street Plan. Construct one-half street improvements to Lawson Road including 5-foot sidewalks with the planned development. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Outside the service boundary. Provide the means of the proposed wastewater collection and treatment with approval from the appropriate State or County agency. Entergy: Approved as submitted. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Water main extensions will be required. It may be necessary to serve this project off two pressure systems. Hydraulic studies may influence phasing of project. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department for additional information. October 26, 2006 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: S-1544 4 County Planning: 1. Submit petition for annexation to Pulaski County Court prior to October 26, 2006. 2. Submit preliminary street profiles and cross sections to Pulaski County Planning and Development prior to construction. 3. Submit storm water drainage plans to Pulaski County Planning and Development prior to construction. 4. Submit a Bill of Assurance for the subdivision. 5. Submit letter of coverage from the appropriate volunteer fire department. 6. Submit means of water supply and sewage disposal in the general notes section of the proposed preliminary plat. 7. Submit an improved entrance design to accommodate the traffic on Lawson Road. 8. The streets are proposed for public dedication. Pulaski County will inspect these streets during construction for conformance to Pulaski County standards. The streets must meet the standards of Pulaski County or better. 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: (October 5, 2006) The applicant was present representing the request. Staff presented an overview of the proposed development indicating there were outstanding issues associated with the request. Staff requested the applicant indicate the source of title in the general notes section of the proposed preliminary plat and indicate the proposed front building line for the proposed lots. Staff stated the site was located outside the City limits of Little Rock and questioned the proposed wastewater collection and treatment system. Mr. James Dreher stated the applicants were proposing annexation to receive City sewer service. Mr. Dreher stated his office had made contact with Little Rock Wastewater Utility and they would be allowed access to an existing force main located to the east of the site. Public Works comments were addressed. Staff stated if the site were annexed to the City, the City’s Land Alteration Ordinance would apply to future development. Staff also stated the centerline horizontal and vertical alignments must meet the Master Street Plan standards with a maximum centerline grade for a collector October 26, 2006 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: S-1544 5 street of 12 percent and a residential street of 15 percent. County Planning staff stated if the site were not annexed to the City the maximum grade on all streets would be 12 percent regardless of street classification. Pulaski County Planning comments were addressed. Staff stated a petition for annexation should be submitted to the Pulaski County Court prior to October 26, 2006. Staff also stated the entrance to the subdivision was located within a regulated floodway of the McHenry Creek. Staff stated permits and approvals would be required prior to construction. Staff also requested the applicant provide improvements to the entrance design to accommodate the traffic on Lawson Road. 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: The applicant submitted a revised site plan to staff addressing most of the issues raised at the October 5, 2006, Subdivision Committee meeting. The applicant has indicated the source of title and the proposed building line on the preliminary plat. The applicant has also indicated all streets will be constructed to Master Street Plan standard for each individual street classification including curb, gutter and sidewalk. According to the applicant annexation will be sought from the City of Little Rock to receive sanitary sewer for the proposed development. The proposal includes the subdivision of 212 acres into 161 single-family lots with an average lot size of one acre, a minimum lot size of 0.3 acres and a proposed density of 1.3 lots per acre. The plat indicates an area along Lawson Road in two tracts (Tract 1, 2.9 acres and Tract 2, 5.9 acres) indicated for future commercial development. The development is proposed in three phases. Lots 1 – 131 are proposed in the first phase and Lots 132 – 161 are proposed in the second phase. The third phase has been identified on the proposed plat without a development plan. According to the applicant, once development plans are secured, a revised preliminary plat will be sought for approval of the proposed lot configuration. A total of 17,700 linear feet of new public street is proposed. Ventana Ridge Drive has been indicated as a collector street and is proposed to provide connection to Crystal Valley Road through future developments. According to the applicant, all streets will be constructed with curb, gutter and sidewalk as required per the Master Street Plan. The site is located outside the City limits but within the City’s Extraterritorial Planning Jurisdiction. The site is located contiguous to the City limits and, according to the applicant annexation will be sought to receive City sewer service. Staff is supportive of the proposed plat only if the annexation request is October 26, 2006 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: S-1544 6 approved. Staff recommends if the area is not annexed into the City limits, the plat shall be void. In addition, although staff is supportive of the proposed plat, this should not be interpreted as support for the proposed annexation. Staff will review the merits of the annexation request at the time an application is filed to determine if all City services can be provided to the area in a cost efficient manner without disruption to areas currently within the City limits. I. STAFF RECOMMENDATIONS: Staff recommends approval of the request subject to approval of a future annexation request and subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. PLANNING COMMISSION ACTION: (OCTOBER 26, 2006) The applicant was present representing the request. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to approval of a future annexation request and subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. There was no further discussion of the item. The chair entertained a motion for placement of the item on the Consent Agenda for Approval. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. October 26, 2006 ITEM NO.: 6 FILE NO.: S-1545 NAME: Nettles Subdivision Preliminary Plat LOCATION: Located on Isbell Lane DEVELOPER: Jim and Shirley Nettles 15080 Taylor Loop Road Little Rock, AR 72223 ENGINEER: Civil Design, Inc. 15104 Cantrell Road Little Rock, AR 72223 AREA: 3 acres NUMBER OF LOTS: 2 Lots & 2 Tracts FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family PLANNING DISTRICT: 1 – River Mountain CENSUS TRACT: 42.05 VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: The purpose of the request is to split an existing tract containing approximately 3 acres of residentially zoned property into two (2) single-family residential lots and two tracts. The two tracts are proposed for dedication to the Corp of Engineers. Central Arkansas Water and an existing septic tank system will provide water and wastewater services, respectively. Lot 1 contains the existing residence and is proposed to contain approximately 1.442 acres and Lot 2 is currently undeveloped and is proposed to contain 1.035 acres. Tract 1 is proposed containing 0.248 acres and Tract 2 containing 0.285 acres The site is located outside the City limits but within the City’s Extraterritorial Planning Jurisdiction. October 26, 2006 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: S-1545 2 B. EXISTING CONDITIONS: The site contains an existing single-family home located on the banks of the Arkansas River. There is an existing dock located behind the home proposed for removal. There are single-family homes located along County Farm Road and Isbell Lane. A plat for this area was recently approved by the Commission to allow the creation of ten new homes sites to the east. A new home has been constructed just east of this site on one of the approved lots. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area property owners. All abutting property owners, the River Valley Neighborhood Association and the Pinnacle Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: Public Works: 1. Property is within the floodway of the Arkansas River. Contact Pulaski County Planning Department for information pertaining to construction in the floodway. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Easement required on this property for future Little Rock Wastewater Utility Sewer Main. The site is located outside the service boundary. Provide the means of the proposed wastewater collection and treatment with approval from the appropriate State or County agency. Contact Little Rock Wastewater Utility at 688-1414 for additional information. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: Contact Central Arkansas Water regarding the size and location of the water meter. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department for additional information. Maintain a minimum paved access of 20-feet. County Planning: October 26, 2006 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: S-1545 3 1. Submit a hydrologic and hydraulic analysis of the property. This study must be sufficient to support a No-Rise/No-Adverse Impact statement and include the recent development of Two Rivers Harbor. Submit the study no later than October 20, 2006. 2. A floodplain development permit form Pulaski County Planning is required for any construction on this site in addition to the required study. 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: (October 5, 2006) Mr. James Dreher was present representing the request. Staff presented an overview of the proposed subdivision indicating there were outstanding issues associated with the request. Staff requested the applicant provide the correct location of the site on the vicinity map, the front setback line and the source of title in the general notes section of the plat. Public Works comments were addressed. Staff stated the property was located within the floodway of the Arkansas River. Staff stated approval from Pulaski County Planning would be required prior to final approval. Pulaski County Planning Comments were addressed. Staff stated a hydrologic and hydraulic analysis of the property was required prior to approval. Staff stated the study should be sufficient to support a no-rise/no-impact statement and include the recent development of Two Rivers Harbor Subdivision. Staff also noted a floodplain development permit from Pulaski County Planning was required prior to any construction on the site. 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: The applicant submitted a revised plat to staff addressing most of the issues raised at the October 5, 2006, Subdivision Committee meeting. The applicant has redrawn the plat to remove the variance request indicating two tracts along October 26, 2006 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: S-1545 4 the northern perimeter of the site. A note on the plat indicates the tracts will be dedicated to the Corp of Engineers. The purpose of the request is to split an existing tract containing approximately 3 acres of residentially zoned property into two (2) single-family residential lots and two tracts. Lot 1 is proposed to contain approximately 1.442 acres and Lot 2 is proposed to contain 1.035 acres. Tract 1 is proposed to contain 0.248 acres and Tract 2 0.285 acres. Central Arkansas Water and an existing septic tank system will provide water and wastewater services, respectively. The site is located outside the City limits but within the City’s Extraterritorial Planning Jurisdiction. The applicant has not provided a hydrologic and hydraulic analysis for the property. Staff feels this issue should be addressed prior to the approval of the plat. The plat indicates a note stating no development will occur on Lot 2 until the property owner obtains a no rise certificate for the proposed improvements in accordance with applicable law. Staff does not feel this is sufficient and the hydrologic and hydraulic analysis should be completed prior to approval of the lot split. I. STAFF RECOMMENDATIONS: Staff recommends the applicant provide a hydrologic and hydraulic analysis of the property prior to action by the Commission. PLANNING COMMISSION ACTION: (OCTOBER 26, 2006) The applicant was present representing the request. There were no registered objectors present. Staff presented a recommendation the applicant provide a hydrologic and hydraulic analysis of the property and gain written approval from the Pulaski County Planning Department prior to action by the Commission. 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 10 ayes, 0 noes and 1 absent. October 26, 2006 ITEM NO.: 7 FILE NO.: S-1546 NAME: McHenry Place Preliminary Plat LOCATION: Located on Lawson Road at Crystal Valley Road DEVELOPER: Pinnacle Investment Properties 24424 Whispering Wood Little Rock, AR 72223 ENGINEER: Laha Engineers 6602 Baseline Road Little Rock, AR 72209 AREA: 108.5 acres NUMBER OF LOTS: 24 FT. NEW STREET: 3,800LF CURRENT ZONING: R-2, Single-family PLANNING DISTRICT: 18 – Ellis Mountain CENSUS TRACT: 42.07 VARIANCES/WAIVERS REQUESTED: 1. A variance to allow the development of streets with a rural design standard; without curb, gutter and sidewalks. 2. A variance to allow a reduced sight distance along the roadway near Lots 16 and 20. 3. A five year deferral of the required street improvements to Lawson Road. A. PROPOSAL/REQUEST: The applicant is proposing the subdivision of 108.5 acres into 24 single-family residential lots and two tracts for future commercial development. The lots will range in size from three (3) acres to five (5) acres and be developed with public streets. The applicant is seeking variances from various ordinance standards to allow the development as proposed; the development of streets with a rural design standard (no curb, gutter or sidewalk) and a reduced sight distance along the roadway near Lots 16 and 20. The applicant is also seeking a deferral of the October 26, 2006 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: S-1546 2 required street improvements to Lawson Road for five years or until adjacent development. The site is located outside the City limits but within the City’s Extraterritorial Planning Jurisdiction. The lots are proposed with water service from Central Arkansas Water and wastewater collection and treatment by individual septic systems. B. EXISTING CONDITIONS: The site located outside the City limits but within the City’s planning boundary on the north side of Lawson Road, just west of the intersection of Crystal Valley Road. The site is extremely steep sloping upward from the roadway. The site is tree covered. There is a creek located along the northern boundary of the street. Other uses in the area include single-family, public and institutional and commercial uses. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area property owners. All abutting property owners, the Crystal Valley Property Owners Association and Southwest Little Rock United for Progress were notified of the public hearing. D. ENGINEERING COMMENTS: Public Works: 1. Lawson Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. 2. With site development, provide design of streets conforming to the Master Street Plan. Construct one-half street improvements to Lawson Road including 5-foot sidewalks with the planned development. 3. 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. 4. Storm water detention ordinance applies to this property. 5. Private access is proposed for these lots. In accordance with Section 31- 207, private streets must be designed to the same standards as public streets. A minimum access easement width of 45 feet is required and street width of 24 feet from back of curb to back of curb. 6. The minimum allowable horizontal radius for streets is 75 feet. Minor residential streets have a maximum centerline grade of 16%. Provide detailed cross sections of proposed streets or a certification prepared by a professional engineer that all streets will be constructed to meet the Master Street Plan standards. October 26, 2006 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: S-1546 3 7. Submit a letter certified by a Professional Engineer registered in the State of Arkansas stating that the intersections provide the required sight distance for drivers. Analysis must be done in accordance with the 2004 Edition of the AASHTO Green Book. Avoid planting trees or shrubs in line of sight that may cause sight obstruction. 8. Hammerhead turn around or cul de sacs must be provided at the end of streets for vehicles to turn around. 9. The minimum Finish Floor elevation is required to be shown on plat and grading plans for lots in the floodplain. 10. In accordance with Section 31-176, floodway areas must be shown as floodway easements or be dedicated to the public. In addition, a 25-foot wide access easement is required adjacent to the floodway boundary. 11. For developing property in the floodplain, Contact Pulaski County Road and Bridge for conditions of development. 12. If property is to be annexed, a grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. If the property is to be annexed, a variance must be obtained to harvest timber or grade on the lots prior to platting and to advance grade future phases. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Outside the service boundary. Provide the means of the proposed wastewater collection and treatment with approval from the appropriate State or County agency. Entergy: Provide easements along proposed lot lines. 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 for a portion of this property. Water main extensions will be required in order to provide service to this property. Easements will be required for any water mains that are outside public rights of way. Fire hydrants outside public rights of way will be private and an annual charge will apply. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire October 26, 2006 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: S-1546 4 Department for additional information. County Planning: 1. Provide cul-de-sac design on dead-end streets. 2. Provide turn-around on cul-de-sac streets every 900-feet or less. 3. Right-of-way dedication is required for Lawson Road per the City of Little Rock Master Street Plan. 4. Provide the source of water and the means of sanitary sewer disposal in the general notes section of the proposed preliminary plat. 5. Floodplain development permit required prior to the start of construction. 6. Lot design is irregular. Redesign so that lots are not split by the proposed roads. 7. Streets must be constructed per the City of Little Rock standards. Pulaski County will not inspect these private streets during construction and will not provide any maintenance for the private streets in the future. 8. Coordinate garbage pick-up with Pulaski County Sanitation Department. Generally, Pulaski County does not pick up on private roads. Contact Sherman Smith at 340-6800 for additional information. 9. Provide letter of coverage from the area volunteer fire department. 10. Submit drainage plans prior to construction to Pulaski County Public Works. 11. Submit an improved entrance design to accommodate the gated entry and traffic on Lawson Road. 12. Submit a Bill of Assurance for the proposed subdivision. 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: (October 5, 2006) Mr. Troy Laha was present along with the owners representing the request. Staff presented an overview of the proposed subdivision indicating there were a number of outstanding issues associated with the request. Staff stated the proposed plat had been revised and a number of the comments would no longer apply since the issues had been addressed. Staff noted the Master Street Plan indicated an arterial near the northern boundary of the site and suggested the applicant contact the Planning Department to ensure right-of-way would not be required as part of the platting process. October 26, 2006 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: S-1546 5 Public Works comments were addressed. Staff stated Lawson Road was classified on the Master Street Plan as an arterial and a dedication of right-of- way 45-feet from the centerline would be required. Staff also stated private streets should be constructed to public street standard. Staff noted the proposed streets did not meet a design standard of the Master Street Plan. Staff requested the applicant provide details of the proposed gate entrance. Pulaski County Planning comments were addressed. Staff stated the proposed streets should comply with a maximum grade of 12 percent on cul-de-sac streets and 15 percent on through streets. Mr. Laha stated the proposed street design did comply with the County standards for street construction with the exception of sight distances along the through street near the northwestern portion. There was a general discussion of the proposed roadway indicated for future construction crossing McHenry Creek. Staff stated they would prefer the area indicated for future development not be shown on the plat. Staff requested the roadway be indicated so the future homeowners would be aware a road was being proposed to allow connection and the creation of additional lots. 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: The applicant submitted a revised site plan to staff addressing most of the issues raised at the October 5, 2006, Subdivision Committee meeting. The applicant has removed the northern portion of the plat removing staff concerns with development adjacent to the floodway and the need for future right of way dedication for a proposed arterial located near this property connecting Kanis Road to Crystal Valley Road. The revised plat indicates the streets will be dedicated as public streets to the County. The revised plan includes a variance to allow a decreased sight distance near Lots 16 and 20. The revised plan also indicates street grades at a maximum of 15 percent. The request also includes the construction of streets using a rural design standard with no sidewalk and open ditches for drainage. Public Works staff does not support this request. Staff does support construction of the street to local residential street standard with open drainage. This design standard requires a 68-foot right of way, six foot ditches, and 24 feet of pavement. The plan indicates a variance to allow a 150-foot minimum sight distance. Staff is not supportive of this request. Staff feels the sight distance must be 200-feet at intersections as required by ordinance. Staff also feels the street grades should not exceed 16 percent. October 26, 2006 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: S-1546 6 The applicant has requested a deferral of the required street improvements to Lawson Road. Staff supports a deferral of the required street improvements to Lawson Road for five years or until Tract A and/or Tract B develops which ever occurs first. The proposal is to allow the subdivision of 108.5 acres into 24 single-family residential lots and two tracts for future non-residential development. Tract A is proposed containing 3.8 acres and Tract B containing 6.05 acres. The lots are proposed to range in size from three (3) acres to five (5) acres and be developed with public streets. The site is located outside the City limits but within the City’s Extraterritorial Planning Jurisdiction. The lots are proposed with water service from Central Arkansas Water and wastewater collection and treatment by individual septic systems. According the previous conversations with the Health Department lots, created in excess of three acres do not constitute a subdivision since land areas of this size should be more than adequate to “perk” a septic system. The proposed plat indicates two lots, Lots 2 and 3, bisected by the public right-of- way. Staff is not supportive of this lot configuration. In staff’s opinion, this is creating two additional lots which do not meet the minimum lot size requirement as defined by the County Health Department. Section 31-2 of the Subdivision Ordinance, the definition section, defines a lot as a parcel of land legally defined in a recorded deed or a recorded plat, fronting on a public dedicated right of way or other approved private drive. The lot shall establish one building site. In addition Section 31-5(c)(2) of the Subdivision Ordinance, jurisdiction and application, states the Subdivision Ordinance shall apply to the subdivision of land as follows: The dedication or vacation of any street or alley through any tract of land regardless of the area involved as may be desired by the owner or if necessary to achieve conformance with the master street plan, shall be considered a subdivision and subject to this chapter. Staff recommends if the developer desire to maintain this lot configuration he provide staff with a perk test approved by the Arkansas Department of Health indicating each of the proposed land areas will support a septic system without crossing the public right of way prior to the Commission acting on the proposed plat request. To staff’s knowledge there are no other issues associated with the request. Staff feels the development of this tract in three plus acre lots should have minimal impact on the area provided the applicant address staff’s concerns regarding the proposed wastewater treatment for Lots 2 and 3. I. STAFF RECOMMENDATIONS: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E, F and H of the agenda staff report. October 26, 2006 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: S-1546 7 PLANNING COMMISSION ACTION: (OCTOBER 26, 2006) The applicant was present representing the request. There were no registered objectors present. Staff presented the item stating the applicant had submitted a revised preliminary plat redesigning the roadway and addressing staff’s concerns related to the proposed street layout and lots crossing the public right of way. Staff presented a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E, F and H of the agenda staff report. Stated they were supportive of the variance request to allow a reduction in the stopping sight distance to 150-feet would be allowed at the hairpin curve at the northwest corner of the subdivision. Staff stated proper warning signs would be installed. Staff presented a recommendation of approval of the applicant’s deferral request of the required street improvements to Lawson Road for five years or until Tract A and/or B developed whichever occurred first. There was no further discussion of the item. The chair entertained a motion for placement of the item on the Consent Agenda for Approval. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. October 26, 2006 ITEM NO.: 8 FILE NO.: S-1547 NAME: Springfield Holdings Addition Replat, Variance from the Land Alteration Ordinance to allow an increased wall height and Alley Abandonment LOCATION: Located on the Southwest corner of Cantrell Road and Mississippi Avenue DEVELOPER: Springfield Holdings 6318 N. MacArthur Boulevard Irving, TX 75039 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 0.79 acres NUMBER OF LOTS: 2 FT. NEW STREET: 0 LF CURRENT ZONING: C-3, General Commercial District PLANNING DISTRICT: 4 – Heights Hillcrest CENSUS TRACT: 22.03 VARIANCES/WAIVERS REQUESTED: 1. A variance from the Land Alteration Ordinance to allow an increased wall height. 2. A variance to allow a reduced lot width for proposed Parcel B. [Section 31-232(a)] 3. A variance to allow a reduced right-of-way dedication on Highway 10. 4. A variance to allow driveway spacing as indicated on the proposed plat. A. PROPOSAL/REQUEST: The applicant is requesting the replatting of several existing lots into two lots, an abandonment of an alley right-of-way and a variance from the Land Alteration Ordinance to allow an increased wall height. The proposed plat indicates several variances from various ordinance design standards. The request includes a reduced right-of-way dedication along Highway 10; driveway locations as indicated on the plat, adjacent to the property lines; and a right turn lane as shown on the preliminary plat. October 26, 2006 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: S-1547 2 The applicant is seeking a variance from the Land Alteration Ordinance to allow the construction of a single wall in excess of 15-feet. The wall is proposed along the southern perimeter of the site. The applicant is requesting the abandonment of a public right-of-way located along the southern property lines. The alley is an unimproved alley 20-feet wide running west from Mississippi Avenue in Block 1 of Bellevue Addition to the City of Little Rock lying south and adjacent to Lots 1 through 8 and north of and adjacent to Lots 9 through 16. The length of the alley to be abandoned is approximately 331 feet. B. EXISTING CONDITIONS: The site contains a service station located at the intersection of Cantrell Road and Mississippi Avenue and a commercial building located along the eastern perimeter of the plat area. There area is a commercial node, with a service station located across Cantrell Road from the site, a shopping center located across Mississippi Avenue and a strip center located on the northeast corner of Cantrell Road and Keightly Drive. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area property owners. All abutting property owners and the Meriwether Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: Public Works: 1. Cantrell Road is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to 55 feet from centerline will be required. 2. Mississippi Avenue is classified on the Master Street Plan as a minor arterial with special design standards. A dedication of right-of-way 35 feet from centerline will be required. 3. With site development, provide design of street conforming to the Master Street Plan. Construct one-half street improvement to Cantrell Road and Mississippi Avenue including 5-foot sidewalks with the planned development. A right turn lane with an island should be provided. 4. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. 5. If disturbed area is one (1 or more acres, obtain a NPDES storm water permit from the Arkansas Departme)nt of Environmental Quality prior to the start of construction. October 26, 2006 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: S-1547 3 6. Street Improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. 7. Coordinate design of traffic signal upgrade with proposed street improvements. Plans to be forwarded to Traffic Engineering for approval. 8. 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) 379-1817 (Derrick Bergfield) for more information. 9. A variance is requested for wall height in excess of 15 feet. A wall is not shown on the plan. Please provide details and location of wall. Provide a plan showing the line of sight for properties to the south and southwest. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Existing sewer main located on the property. Easement required for sewer main. Contact Little Rock Wastewater Utility at 688-1414 for additional information. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: If meters would be on the frontage of lots other than those served, they may need to be relocated at the expense of the developer. 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: (October 5, 2006) Mr. Tim Daters was present representing the request. Staff presented an overview of the proposed development indicating there were a number of outstanding issues associated with the request. Staff requested the applicant dimension all front setback lines on the proposed plat. Staff stated the proposed October 26, 2006 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: S-1547 4 request included an abandonment of an alley located along the southern perimeter. Staff requested the applicant provide from the various utilities an approval letter for the closure of the right-of-way stating their request for needed easements. Staff also requested a statement from an abstract company delineating the reversionary rights of the proposed abandonment. Staff requested Mr. Daters provide details of the proposed wall. Staff requested Mr. Daters provide a wall profile, line of sight and type of construction material. Staff also stated permits for improvements in the right-of-way would be required from the Highway Department prior to construction. 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: The applicant submitted a revised site plan to staff addressing most of the issues raised at the October 5, 2006, Subdivision Committee meeting. The applicant has indicated the property to the west as a part of the replat creating Lot 7R Block 1 of the Bellevue Addition. The applicant is securing approval letters from the various utility companies indicating their needed for easements within the alley. The applicant has provided the reversionary rights of the easement indicating the alley will revert to the adjoining property owners. The requested abandonment of a public right-of-way is located along the southern property line. The alley is an unimproved alley 20-feet wide running west from Mississippi Avenue in Block 1 of Bellevue Addition to the City of Little Rock lying south and adjacent to Lots 1 through 8 and north of and adjacent to Lots 9 through 16 of the Bellevue Addition. The length of the alley to be abandoned is approximately 331 feet. The revised site plan indicates the wall height with a maximum height of 24-feet along the southwestern portion of the site. The ordinance typically allows a maximum wall height of 15-feet or to be terraced. Staff has requested the applicant provide a sight line plan from the adjoining properties. To date the applicant has not provided this information. Staff will provide a recommendation on this request upon receipt of the requested information. The request includes a reduced right of way dedication along Highway 10. Presently staff does not support this request. Staff feels the right of way dedication at an arterial/arterial intersection is necessary to facilitate proper street design for this area. The proposed plat indicates a reduced lot width for Parcel B. Per the current zoning classification a minimum lot width of 100-feet at the building line is required. Staff is supportive of the applicant’s request. The lot width at the October 26, 2006 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: S-1547 5 proposed building line is 80-feet and in staff’s opinion the width is adequate to serve the needs of future development. Although there are a few outstanding issues associated with the request staff recommends this item move forward at this meeting provided the applicant can address staff’s concerns prior to the October 26, 2006, public hearing. At this time staff feels the application can be approved as filed if the various Public Works and Planning Staff comments can be addressed. I. STAFF RECOMMENDATIONS: Staff recommends approval of the proposal at this meeting if the developer can address staff concerns with regard to the following outstanding issues: 1. Staff recommends the applicant provide approval letters from the various utility companies indicating their support for the alley abandonment and their need for easements within the alley 2. Staff recommends the applicant provide a line of sight for the proposed wall height. 3. Staff recommends the right of way for Cantrell Road meet the minimum right of way dedication requirement per the Master Street Plan. 4. Staff recommends approval of the requests subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. PLANNING COMMISSION ACTION: (OCTOBER 26, 2006) The applicant was present representing the request. There were no registered objectors present. Staff presented the item with a recommendation of approval of the proposal stating the developer had addressed the outstanding issues related to the following conditions: 1. Staff stated the applicant had provided approval letters from the various utility companies indicating their support for the alley abandonment and their need for easements within the alley. Staff stated no easements were required. 2. Staff stated the applicant had provided a line of sight for the proposed wall height. Staff stated they were supportive of the proposed wall height and the variance from the land alteration regulations subject to dense evergreen trees being planted at a minimum of two (2) rows of trees with four (4) feet spacing between the rows. The trees are to be staggered not more than 20 feet on centers. 3. Staff stated agreements had been reached concerning the right of way dedication for Cantrell Road. The right of way dedication is to be 46 feet from the centerline on Cantrell Road and 30 feet from the centerline on Mississippi Avenue. October 26, 2006 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: S-1547 6 Staff presented a recommendation of approval of the proposed right of way abandonment, the variance request to the Land Alteration Ordinance and the proposed replat 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 width for Parcel B. There was no further discussion of the item. The chair entertained a motion for placement of the item on the Consent Agenda for Approval. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. October 26, 2006 ITEM NO.: 9 FILE NO.: Z-4841-C NAME: Kiefer Office Complex Zoning Site Plan Review LOCATION: Located at 15300 Kanis Road DEVELOPER: Steve Kiefer – Kiefer Retirement Services 10720 North Rodney Parham Road Little Rock, AR 72212 ARCHITECT: Terry Burruss Architects 1202 South Main Street, Suite 230 Little Rock, AR 72202 AREA: 2.48 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: O-2, Office and Institutional District PLANNING DISTRICT: 18 – Ellis Mountain CENSUS TRACT: 42.10 VARIANCES/WAIVERS REQUESTED: 1. A deferral of the required street improvements to Kanis Road for five years or until adjacent development. 2. A variance to allow signage without public street frontage. (Section 36-557(a)) A. PROPOSAL/REQUEST: The developers are proposing the construction of three free standing structures in three phases containing approximately 16,652 square feet of office space. The Phase I building will contain 5,900 square feet and will house Kiefer Retirement Services. The Phase II and III buildings will contain 5,376 square feet each. All structures are two story with exteriors of brick veneer and EIFS. The total parking on the site when developed will be 56 parking spaces. The parking will be phased with the building construction. A deferral of the required street improvements to Kanis Road is being requested for five (5) years or until adjacent development. October 26, 2006 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-4841-C 2 B. EXISTING CONDITIONS: Ordinance No. 16,732 adopted by the Little Rock Board of Directors on August 16, 1994, rezoned the site from R-2 to O-2. The site has not developed and is tree covered. There are single-family homes located to the north of the site within the Parkway Place Subdivision. South of the site is vacant O-2 zoned property currently being considered by the Commission for a rezoning to PD-R as a separate item on this agenda (Z-5758-B). C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents. All property owners located within 200-feet of the site and the Parkway Place Property Owners Association were notified of the public hearing. D. ENGINEERING COMMENTS: Public Works: 1. Kanis Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. 2. With site development, provide design of street conforming to the Master Street Plan. Construct one-half street improvement to the street including 5-foot sidewalk with the planned development. 3. Show location of future extension of Pride Valley Road in relation with this property. 4. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. 5. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. 6. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 7. Submit a letter certified by a Professional Engineer registered in the State of Arkansas stating that the driveway provides the required sight distance for drivers’ entering/exiting the facility. Analysis must be done in accordance with the 2004 Edition of the AASHTO Green Book. Avoid planting trees or shrubs in line of sight that may cause sight obstruction. Driveway should align with driveway of the proposed development on the west side of Kanis Road. October 26, 2006 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-4841-C 3 8. In accordance with Section 31-210 (h)(12), access driveways running parallel to the street shall not create a four-way intersection within 75 feet of the future curb line of the street. 9. Street improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. 10. Prepare a letter of pending development addressing streetlights as required by Section 31-403 of the Little Rock code. Contact Traffic Engineering at (501) 379-1813 (Steve Philpott) for more information regarding street light requirements. 11. 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) 379-1817 (Derrick Bergfield) for more information. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required, with easements. Contact Little Rock Wastewater Utility at 688-1414 for additional information. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water regarding the size and location of the water meter(s). Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. 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. October 26, 2006 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-4841-C 4 Landscape: 1. Compliance with the City’s landscape and buffer ordinance is required. 2. The landscape ordinance requires a minimum of 8 % of the paved areas be landscaped with interior islands of at least 7 ½ feet in width and 150 square feet in area. The proposed plan does not currently reflect this minimum requirement. Interior islands are to be evenly distributed on the site. 3. The buffer along the northern property line should be increased to 16 feet. The verbiage of the buffer area needs to read, “area to remain undisturbed”. 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. 6. The City Beautiful Commission recommends preserving as many existing trees as feasible on tree covered sites. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (October 5, 2006) Mr. Terry Burruss was present along with the owner representing the request. Staff presented an overview of the proposed site plan review indicating there were additional items necessary to complete the review process. Staff stated the site plan indicated a parking variance. Staff also noted based on the building placement a variance would be required to allow signage on the fronts of the building facing the interior parking lot. Staff stated typically signage was allowed along sides of the building with direct street frontage. Staff also requested additional information be provided including any proposed dumpster locations, hours of operation of the facility, fencing to be located on the site and a note concerning the total height of the building. Public Works comments were addressed. Staff stated the proposed drive should align with the proposed development located across Kanis Road. Staff also requested Mr. Burruss indicate the location of the future extension of Pride Valley in relation to the proposed development. Staff stated the indicated drives could not create a four way intersection within 75-feet of the future curb line of the street within the parking lot. Staff requested Mr. Burruss redesign the access to eliminate the four-way intersection. Landscaping comments were addressed. Staff stated a minimum of eight percent of the paved areas was to be landscaped with interior islands of at least seven and one-half feet in width and one hundred fifty square feet in area. Staff stated the current plan did not reflect this requirement. Staff also stated the buffer along the northern property lines should be increased to a minimum of October 26, 2006 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-4841-C 5 sixteen feet. Staff stated the site plan should indicate the buffer as area to remain undisturbed. 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: The applicant submitted a revised site plan to staff addressing most of the issues raised at the October 5, 2006, Subdivision Committee meeting. The revised site plan indicates the location of a proposed dumpster, hours of operation of the facility, fencing to be located on the site and note concerning the total height of the building. The total proposed building area has bee reduced from 18,300 square feet to 16, 652 square feet. The revised site plan indicates the construction of three free standing structures in three phases, containing a total of approximately 16,652 square feet of office space. The Phase I building will contain 5,900 square feet and will house Kiefer Retirement Services. The Phase II and III buildings will contain 5,376 square feet each. All structures are two story with exteriors of brick veneer and EIFS. The total parking on the site when developed will be 56 parking spaces. The parking will be phased with the building construction. The typical minimum parking required based on the total square footage of office space proposed is 41 parking spaces. The site plan indicates the placement of 56 parking spaces. The indicated parking is more than adequate to meet the typical minimum parking requirement. A 16-foot buffer is proposed along the northern perimeter with the entirety of the area proposed as undisturbed. The area to the north will be screened per minimum ordinance standards with dense evergreen plantings or the placement of a fence as prescribed by ordinance standards. The interior parking lot has been redesigned to allow for sufficient interior landscaping. The request includes a deferral of the required street improvements to Kanis Road for five (5) years or until adjacent development occurs. Staff is not supportive of the deferral request due to the tremendous number of vehicles on Kanis Road and current improvements being constructed to Kanis Road at Pride Valley, National Home Center and the proposed development located across Kanis Road. The applicant has not provided staff with the certification of sufficient sight distance for the location of the proposed driveway. Staff recommends the applicant provide the certification of sufficient sight distance for the location of the proposed driveway prior to the Commission acting on the proposed site plan. October 26, 2006 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-4841-C 6 The office facility is proposed with hours of operation from 7:00 am to 6:00 pm Monday through Friday. The dumpster hours of service have been limited to daylight hours. A variance request to allow building signage facing into the parking area is being requested. The signage proposed will have a maximum area of ten square feet per tenant. A single ground sign will be located on the west side of the drive consistent with signage allowed in office zones or a maximum of six feet in height and sixty-four square feet in area. The buildings will face into the parking area and the variance will allow signage on the fronts of the buildings. Per Section 36-557 Special provisions for on-premises signs and other sales promotion devices allows on-premises wall signs without public street frontage in complexes where a sign without street frontage is the only means of identification for the tenant. Although the sides of the buildings will face Kanis Road the variance request will allow the buildings to have signage on the fronts of the structures. Staff is supportive of the request with the exception of the requested deferral of street improvements. The site plan for this O-2 zoned site has been indicated with sufficient buffering, setbacks and parking to meet the minimum ordinance standards for each activity. Staff does not feel the variance request to allow signage without public street frontage will adversely impact the development or the area. To staff’s knowledge there are no outstanding issues associated with the request. Staff feels the development of an office complex as proposed will have minimal impact on the adjoining properties and the area provided the applicant provide staff with a certification from a certified engineer indicating the proposed driveway location has sufficient sight distance. 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 signage without public street frontage. (Section 36-557(a)) Staff recommends the required street improvements be constructed to Kanis Road with the first phase of building construction. Staff recommends the applicant provide the certification of sufficient sight distance for the location of the proposed driveway prior to the Commission acting on the proposed site plan. October 26, 2006 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-4841-C 7 PLANNING COMMISSION ACTION: (OCTOBER 26, 2006) The applicant was present representing the request. There were registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff presented a recommendation of approval of the variance request to allow signage without public street frontage, (Section 36-557(a)). Staff also presented a recommendation of approval of a deferral request for two years, until the development of Phase II or until adjacent development occurs of the required street improvements to Kanis Road. Staff stated the applicant had provided the certification of sufficient sight distance for the location of the proposed driveway. Mr. Steve Kiefer addressed the Commission on the merits of his request. He stated the site was being developed as an office development. He stated the structures would be two story structures and the buffer areas would be retained. He stated the intent of the development was to maintain as many on site trees as possible to develop a park like setting. Mr. Tim Kenny addressed the Commission in opposition of the request. He stated his property would not be directly affected by the development since he was a few homes away from the office building and his home abutted the area indicated as green space. He stated the buffer was not adequate. He stated sixteen feet was not a great deal of separation. He stated he was concerned with light pollution from the proposed development. He stated currently he and his wife enjoyed their deck and the stars. He stated he was also concerned with privacy. He requested a larger buffer and screening. Mr. Terry Burruss addressed the Commission as the owner’s agent. He stated he felt the landscaping concerns could be addressed. He stated the owner was willing to enhance the landscaping within the buffer area. The Commission questioned what amount of landscaping would be placed in the buffer. He stated one and one-half times. He stated a fence would not be installed. There was no further discussion of the item. The chair entertained a motion to approve the item as amended to include additional plantings within the buffer area. The motion carried by a vote of 8 ayes, 0 noes and 3 absent. October 26, 2006 ITEM NO.: 10 FILE NO.: S-1212-C NAME: Eagle Hills Apartments Revised Subdivision Site Plan Review LOCATION: Located North of Eagle Hill Apartments and South of Crystal Valley Road DEVELOPER: Jim Lindsey 1200 East Joyce Boulevard Fayetteville, AR 72703 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 33.2 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: MF-6 PLANNING DISTRICT: 17 – Crystal Valley CENSUS TRACT: 42.08 VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: Ordinance No. 17,285 adopted by the Little Rock Board of Directors on October 15, 1996, rezoned 239 acres from R-2 to MF-6. There were two conditions tied to the approved zoning (1) Phase I of the development of the property would include 384 dwelling units and an 18 hole golf course and (2) the maximum number of dwelling units which may be developed on the property shall be limited to 1,050 units. The site plan for Phase I and a Conditional Use Permit for the golf course were approved by the Planning Commission on October 10, 1996. Phase I included 32 apartment buildings with 384 units along the north side of Baseline Road at the northeast corner of Baseline and Colonel Miller Roads. Ordinance No. 17,299 adopted by the Little Rock Board of Directors on November 7, 1996, deferred a portion of the one-half street improvements to Baseline Road and all of the Colonel Miller Road October 26, 2006 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: S-1212-C 2 improvements for three (3) years or until construction of Phase II of the apartment development. The site plan for Phase II of the development was approved by the Planning Commission on September 3, 1998. Phase II consisted of 14 buildings and 168 units located at the northwest corner of the property. Improvements to Colonel Miller Road were required with Phase II constriction and were being developed at the at the time of an August 19, 1999, application request. On January 21, 1999, the Planning Commission approved the site plan for Phase III of the development. Phase III consisted of 11 buildings and 132 units immediately east of Phase II. On August 19, 1999, the Little Rock Planning Commission approved a site plan for the Phase IV of the Eagle Hill Apartment complex. This phase consisted of the three buildings and 36 units near the southwest corner of the property. This phase brought the total number of units for the development to 720. A. PROPOSAL/REQUEST: The applicant is now proposing construction of the final phase of the Eagle Hill Apartment complex. The site plan indicates the placement of 27 buildings of multi-family housing with 12 units per building for a total of 324 units. The buildings are proposed as two story buildings. A clubhouse and pool have been identified on the proposed site plan along with a playground area. The site plan indicates the development will be gated with the gates being closed in the evening. B. EXISTING CONDITIONS: The area proposed for this phase of construction contains a number of trees along the Crystal Valley Road frontage with the remaining area vacant and grass covered. There is a drainage ditch located along the boundary of the property to the west and south. The Eagle Hill Golf course is also located to the south of the site. There are single-family homes located to the east and north of the site. There are three new single-family subdivisions currently under development in the area; one located to the northeast and the other two located to the north, all accessed from Crystal Valley Road. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents. All abutting property owners, the Crystal Valley Property Owners Association, the Otter Creek Homeowners Association and Southwest Little Rock United for Progress were notified of the public hearing. October 26, 2006 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: S-1212-C 3 D. ENGINEERING COMMENTS: Public Works: 1. Crystal Valley is classified on the Master Street Plan as a collector street. A dedication of right-of-way 30 feet from centerline will be required. 2. With site development, provide design of street conforming to the Master Street Plan. Construct one-half street improvement to Crystal Valley Road including 5-foot sidewalks with planned development. 3. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. 4. Storm water detention ordinance applies to this property. Detention has already been provided. 5. A special Grading Permit for Flood Hazard Areas will be required per Section 8-283 prior to construction. 6. In accordance with Section 31-176, floodway areas must be shown as floodway easements or be dedicated to the public. In addition, a 25 foot wide access easement is required adjacent to the floodway boundary. 7. Turn around must be provided for cars attempting to enter development. A stacking distance of 30 feet from pavement must also be provided. 8. If disturbed area is 1 or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 9. Street Improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. 10. Prepare a letter of pending development addressing streetlights as required by Section 31-403 of the Little Rock code. Contact Traffic Engineering at (501) 379-1813 (Steve Philpott) for more information regarding street light requirements. 11. 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) 379-1817 (Derrick Bergfield) for more information. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required, with easements. Contact Little Rock Wastewater Utility at 688-1414 for additional information. Entergy: Easements required within the development to serve the proposed structures. Center-Point Energy: No comment received. October 26, 2006 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: S-1212-C 4 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. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. The facilities on-site will be private. When meters are planned off private lines, private facilities shall be installed to Central Arkansas Water's material and construction specifications and installation will be inspected by an engineer, licensed to practice in the State of Arkansas. Execution of Customer Owned Line Agreement is required. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department for additional information. If gates are used a minimum gate of 20-feet must be maintained. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: 1. Compliance with the City’s Landscape and Buffer Ordinances is required. 2. A fifty foot (50) wide land use buffer is required to separate this proposed development from the residential property on the eastern perimeter of the site. Seventy percent (70%) of the buffer areas are to remain undisturbed. 3. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the eastern perimeter of the site. Credit towards fulfilling this requirement can be given for existing trees and undergrowth that satisfies this year-around requirement. 4. The Landscape Ordinance requires a minimum of 8 % of the paved areas be landscaped with interior islands of at least 7 ½ feet in width and 300 square feet in area. The proposed plan does not currently reflect this minimum requirement. Interior islands are to be evenly distributed throughout the site. 5. An automatic irrigation system to water landscaped areas will be required. 6. Prior to the issuance of a building permit, it will be necessary to provide an approved landscape plan stamped with the seal of a Registered Landscape Architect. October 26, 2006 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: S-1212-C 5 7. The City Beautiful Commission recommends preserving as many existing trees as feasible on tree covered sites. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (October 5, 2006) Mr. Tim Daters 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 stated the building footprint indicated the placement of twelve units per building which would result in the construction of 324 units and not the 312 as indicated on the site plan. Staff also requested the location of any proposed playground areas. Staff also stated the site plan indicated the placement of gates but the site plan did not indicated turn-arounds to allow those not entering the site to exit. Staff requested the proposed dumpster facilities be indicated on the site plan. Public Works comments were addressed. Staff stated street improvements to Crystal Valley Road would be required. Staff stated a 25-foot easement would be required adjacent to the floodway. Staff also stated permits for grading would be required prior to the issuance of a building permit. Landscaping comments were addressed. Staff stated buffers and screening would be required along the eastern perimeter of the site. Staff also stated interior landscaping would be required to meet the minimum requirements of the ordinance. 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: The applicant submitted a revised site plan to staff addressing most of the issues raised at the October 5, 2006, Subdivision Committee meeting. The revised site plan indicates the placement of the gates along with the required turn-arounds and the proposed dumpster location. A 25-foot easement has also been indicated adjacent to the floodway. The revised site plan indicates adequate landscaping to meet the typical minimum ordinance requirements. The site plan indicates the placement of a 50-foot buffer along the eastern perimeter of the site adjacent to the residentially zoned property. To the west and south of the site is the applicant’s property. This area is located along a creek/drainage way which then is the golf course for the Eagle Hill Development. October 26, 2006 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: S-1212-C 6 A six foot fence is being proposed along the street side and along the eastern perimeter to secure the development. The site plan indicates the placement of 27 buildings of multi-family housing with 12 units per building for a total of 324 units. The buildings are proposed as two story buildings. A total of 108 one bedroom units and 216 two bedroom units are proposed. The site plan indicates the placement of 518 parking spaces. Based on the typical minimum parking requirement for multi-family development 486 parking spaces are required. A clubhouse and pool have been identified on the proposed site plan along with a playground area. The development will be gated with the gates being closed in the evening. The site plan does not indicate 30-foot of stacking from the asphalt to the call box as required by ordinance. Staff recommends the site plan include the minimum 30-foot stack from the call box and not the actual gate to ensure there is no backing of automobiles onto the public roadway. Staff recommends the applicant provide a revised entrance design to address this concern prior to the Commission acting on the request. A single ground mounted sign has been indicated on the proposed site plan to identify the development. The sign is proposed consistent with signage allowed in multi-family zones or a maximum of six feet in height and twenty-four square feet in area. The applicant is seeking a site plan review of this MF-6 zoned property to allow the construction of the final phase of the Eagle Hill Apartment complex. The developers were approved the construction of a total of 1,050 units as a part of the original zoning of the site. To date 720 units have been constructed. This phase of construction will bring the total units 1,044, still below the allowable number. To staff’s knowledge there are no outstanding issues associated with the request. Staff recommends the site plan be modified to allow adequate stacking for automobiles to eliminate any potential of stacking onto the public right of way. 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 a revised entrance design to address staff’s concerns prior to the Commission acting on the request. October 26, 2006 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: S-1212-C 7 PLANNING COMMISSION ACTION: (OCTOBER 26, 2006) The applicant was present representing the request. 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 stated the applicant had provided a revised entrance design to address staff’s concerns related to the proposed gates of the development. Mr. Tim Daters and Mr. Jim Lindsey addressed the Commission on the merits of the request. Mr. Lindsey stated he was approved to develop 1050 units on the site and the current phase of would bring his development near the approved number. He stated the site was zoned MF-6 which would allow for a greater density than currently being developed. He stated he was presented a landscape award two years ago. He stated he had worked with the neighborhood to develop a proposal that they were supportive of which he had not achieved. He stated he them decided to develop the property as was previously approved. Mr. Oley Rooker addressed the Commission in opposition of the request. He stated the City of Little Rock worked with the neighborhoods in the area to develop a neighborhood action plan which outlined how the area wanted to grow. He stated one of the statements was that there not be any additional multi-family housing. He stated there were a number of reasons apartments were not desirable one of which was the number of units existing in the area and the second was a large number of people in a small space. He stated the area was developed with large lot development. He stated the existing site had structural problems with the parking lot because of the soils in the area. He stated the proposed development was located next to a major drainage way. He stated the development was likely cause flooding in the area. He stated the area was underserved with fire and police protection. He stated there were no City plans to build a fire station or provide additional police protection. He stated he had been told there was nothing that could be done about the development. He stated he felt the City could do something about the approval or there would not be a public hearing process. He stated the development of the apartments would decrease the quality of life for residents in the area. He stated without proper City services the development should not be approved. Mr. Tom Brock addressed the Commission in opposition of the request. He stated the City had approved various subdivisions in the area without increasing the ability to provide services. He stated flooding was a potentially problem in the area with the development activities taking place in the area. Mr. Frank Voster addressed the Commission in opposition of the request. He stated his home was located at the northeast corner of the development and the water generated October 26, 2006 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: S-1212-C 8 for development in the area was causing problems for homeowners. He questioned what would happen to the wildlife if the area was cleared. Mr. Tom Herndon addressed the Commission in opposition of the request. He stated he lived on Stagecoach Road and felt fire protection was a major concern. He questioned if there was a major fire how the residents would be protected. Mr. Fred Nutt addressed the Commission in opposition of the request. He stated his home was located on Crystal Valley Cove and he had lived there for 35 years. He stated he owned the lot his home sat on as well as the adjoining lot. He stated he had built a levee to protect his property from flooding. He stated traffic was also a concern. He stated the only thing the area had received from the City since annexation was streetlights. Mr. Marty Baker addressed the Commission in opposition of the request. He stated he was not opposed to the development only the number of people in the area. He stated in a geographic area enough was enough. He stated Otter Creek Subdivision had 11,000 homes and a number of which were for sale due to the increase in the number of apartments in the area. He stated the youth did not have a place to hang out therefore they were forced into the parking lot areas and the streets. He stated the Commission should consider putting on hold the approval until all services could be provided to the area and the new residents. Mr. Tim Daters stated the first issue was flood which would be addressed and potential relief provided to the existing area. He stated the site plan indicated leaving natural buffers which would aid in the flooding problem. The Commission questioned if the Richardson Rule applied to the development. The Deputy City Attorney stated the Richardson Rule did not apply since Richardson looked at subdivisions and the rules governing subdivisions. She stated the Court would look to determine the reason for denial and determine if the action was arbitrary and capricious. There was no further discussion of the item. The chair entertained a motion for approval of the item. The motion carried by a vote of 7 ayes, 1 noes and 3 absent. October 26, 2006 ITEM NO.: 11 FILE NO.: Z-4343-U NAME: Parkland Heights Revised Long-form PD-R LOCATION: Located at the North end of Chenonceau Boulevard DEVELOPER: ARD Real Estate LLC - Dr. Shabbir Dharamsey 7200 South Hazel Street Pine Bluff, AR 71603 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 18.4 acres NUMBER OF LOTS: 104 FT. NEW STREET: 0 L.F. CURRENT ZONING: PD-R ALLOWED USES: Townhouse/Condominiums Development – 102 Units PROPOSED ZONING: Revised PD-R PROPOSED USE: To allow the creation of lots. VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: On November 29, 1994, the Planning Commission reviewed and approved a site plan for the development of a 260-unit apartment complex just south of this site. The development included eleven buildings and a clubhouse/office building. The development was never constructed. Also approved by the Board of Directors was an Ordinance (Ordinance No. 16,814 dated December 20, 1994) to amend the Master Street Plan and to allow a waiver of the Subdivision requirements with regard to double frontage lots (S-285-S). The Master Street Plan amendment included the deferral of the requirement to provide Master Street Plan improvements on Patrick Country Road. The deferral was approved to allow the developer to construct the Master Street Plan required widening when one of the following occurred: 1) any additional development October 26, 2006 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-4343-U 2 (exclusive of the apartment development on Tract G) which abuts or takes access to Patrick Country Road at the southwest corner of the Ranch, Tract G; 2) any development within the Ranch along Patrick Country Road south of said creek; 3) development of over 50% of the office tract in The Ranch at the northeast corner of Patrick Country Road and Highway 10; 4) extension of any street from the Ranch to Patrick Country Road. On May 1, 2003, the Little Rock Planning Commission approved a site plan review for the proposed construction of 260 apartment units on 15.1 acres located immediately south of the proposed site. The site was proposed as a limited access with the placement of gates along Chenonceau Boulevard. The applicant was granted a deferral of boundary street improvements to Patrick Country Road based on the previous commitment. Since no access from the apartments was being proposed the deferral approved in 1994 was extended to the proposed development. On January 20, 2005, the developer requested to revise the agreement for the Master Street Plan requirement to allow the development of Tract E-2 and allow the construction of an access drive onto Patrick Country Road along the north side of Tract E-2 without constructing the entire roadway. Tract E-2 is located on the Northeast corner of Cantrell Road and Patrick Country Road. The developer proposed to construct the required improvements adjacent to Tract E-2 as a part of the proposed final platting or approximately 250-feet from Cantrell Road. The developer indicated various development scenarios for the property in the area that would result in a change in status of Patrick Country Road, north of the Baptist Church property located to the west of Tract E. The developer requested additional time for adjacent development to occur which would further dictate the need for the proposed roadway. The Commission allowed an additional two year deferral of the required street improvements to Patrick Country Road to allow the applicant additional time to seek a Master Street Plan amendment. To date a Master Street Plan amendment has not been filed. Ordinance No. 19,502 adopted by the Little Rock Board of Directors on March 21, 2006, established Parkland Heights Long-form PD-R. The development was proposed with 84 two story town homes ranging from 2,024 square feet to 2,220 square feet and 18 one and a half story condominiums ranging from 2,460 to 3,130 square feet. Amenities included a 2,500 square foot clubhouse, pool, putting green, playground half-court basketball, and walking and biking path. The project was to be constructed in two phases with the first phase to include the site improvements, grading, roads, and infrastructure, (18) condominiums, (34) townhouse and the complete amenities package. The second phase consisted of the completion of the remaining 50 town homes. Landscaping and buffering was approved as reflected on the current site plan. A two year deferral of the improvements to Patrick Country Road was approved by a separate action of the Board of Directors. October 26, 2006 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-4343-U 3 A. PROPOSAL/REQUEST: The applicant is proposing a revision to the previously approved Planned Residential Development to allow the creation of lot lines along the common walls of the previously proposed units. There are no other changes being proposed for the proposed development. B. EXISTING CONDITIONS: Currently Phase I of the previously approved plan is under construction. There is a single-family subdivision located to the east of the site and apartments located to the south of the site. The remainder of the area is undeveloped and currently zoned R-2, Single-family. Patrick Country Road located along the western boundary is an unimproved narrow roadway with open ditches for drainage. South of the site is a private school. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received one informational phone call from an area resident. All property owners located within 200-feet of the site, all residents located within 300-feet of the site who could be identified and the Aberdeen Court Property Owners Association, the Johnson Ranch Neighborhood Association and the Margeaux Place Property Owners Association were notified of the Public Hearing. D. ENGINEERING COMMENTS: Public Works: No comment. – All previous comments apply. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required, with easements. Contact Little Rock Wastewater Utility at 688-1414 for additional information. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: Waterlines will become public mains if lots are subdivided and All Central Arkansas Water requirements in effect at the time of request for water service must be met. All Central Arkansas Water requirements October 26, 2006 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-4343-U 4 in effect at the time of request for water service must be met per the contract issued to serve this project by Central Arkansas Water. 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 Pinnacle Planning District. The Land Use Plan shows Multi Family for this property. The applicant has applied for a revised long form PD-R to revise a previously approved Planned Residential Development to allow the creation of lots for the sale of ground with each of the previously approved units. The request does not require a change to the Land Use Plan. Master Street Plan: Chenonceau Boulevard is shown as a Local Street on the Master Street Plan. This street may require dedication of right-of-way and may require street improvements. 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 II bike route is shown running west of Chenonceau on Cantrell Road. A Class II bikeway is located on the street as either a 5 foot shoulder or six foot marked bike lane. A Class III bike route is shown running south on Chenonceau from Cantrell Road. A Class III bikeway is a signed route on a street shared with traffic. City Recognized Neighborhood Action Plan: The property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. Landscape: 1. All prior approvals apply from both the Planning Commission and the City Beautiful Commission. October 26, 2006 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-4343-U 5 G. SUBDIVISION COMMITTEE COMMENT: (October 5, 2006) Mr. Tim Daters was present representing the request. Staff stated the proposed development was to allow the creation of lot lines with no other modifications to the previously proposed site plan or approvals. Staff requested Mr. Daters provide a note indicating cross access and cross parking on the proposed site plan. Staff also requested Mr. Daters correct the title block of the proposed site plan indicating a revised Planned Residential Development. Staff noted there were no additional comments from the Public Works Department and no additional landscaping comments. 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: The applicant submitted a revised site plan to staff addressing most of the issues raised at the October 5, 2006, Subdivision Committee meeting. The applicant has indicated cross access and cross parking within the proposed development. Tracts have been indicated as common areas and according to the applicant a Homeowners Association will maintain these common areas. The title block indicates the development as a Planned Residential Development as requested by staff. The proposal is to allow a revision to a previously approved Planned Residential Development to allow the creation of lot lines along the common walls of the previously proposed units. There are no other changes being proposed for the proposed development. The lots are being proposed as Townhouse lots as defined in Section 31-233 of the Subdivision Ordinance. The lots have been indicated in excess of the typically minimum lot width, depth and lot area. According to Section 31-233 lots should have a minimum lot width of 22-feet, a minimum lot depth of 80-feet and a minimum lot area of 2,000 square feet. Building lines are to conform to building locations as shown on the generalized site plan. The average lot size proposed is 40-feet by 100-feet or 4,000 square feet. Staff is supportive of the request. The development is proposed to allow the transfer of property to prospective homeowners within the development. There are no other modifications being proposed with this proposed amendment. Staff does not feel the creation of lots within the development will have any adverse impact on the area or any adjoining properties. October 26, 2006 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-4343-U 6 I. STAFF RECOMMENDATIONS: Staff recommends approval of the request to amend the previously approved PD-R to allow the creation of lot lines within the development to allow the transfer of property with the proposed units subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. PLANNING COMMISSION ACTION: (OCTOBER 26, 2006) The applicant was present representing the request. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request to amend the previously approved PD-R to allow the creation of lot lines within the development to allow the transfer of property with the proposed units subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. There was no further discussion of the item. The chair entertained a motion for placement of the item on the Consent Agenda for Approval. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. October 26, 2006 ITEM NO.: 12 FILE NO.: Z-4411-E NAME: Pleasant Ridge Towne Center Revised Long-form PCD LOCATION: Located on the Southeast corner of Cantrell Road and Pleasant Ridge Road ENGINEER: White Daters and Associates #24 Rahling Circle Little Rock, AR 72223 AREA: 27.0+ acres NUMBER OF LOTS: 5 FT. NEW STREET: 0 LF CURRENT ZONING: PCD ALLOWED USES: Shopping Center PROPOSED ZONING: Revised PCD PROPOSED USE: Allow the creation of two additional lots. VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: On December 20, 1994, through Ordinance No. 16,808, the City Board of Directors approved a PCD that would allow the development of a mixed use “Neighborhood Commercial” shopping center and an accompanying office development. The site was a 12.83 acre-tract and of the area, 11.48 acres was proposed to be developed as the shopping center. The proposed structure was 97,680 square feet, and 463 parking spaces were indicated. A 1.35-acre tract was to have 10,000 square feet of office building space with an additional 50 parking spaces. The uses proposed for the shopping center were all by-right C-2 and C-3 zoning district, except that there were to be no service stations, auto glass or muffler shops, convenience stores, or car washes within the scope of the PCD. The uses proposed for the office building were all uses by right in the O-2 and O-3 zoning district. The applicant proposed the development of this 0.27-acre tract as a convenience store with gas pumps. On January 9, 1997, the Commission reviewed a request for a change in the right-of- way dedication and street improvement requirement to Fairview Road. The developer requested all right-of-way dedication and street improvements be taken from the October 26, 2006 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-4411-E 2 property located to the east of Fairview Road. The Board of Directors adopted Ordinance No. 17,331 on December 3, 1996, which allowed a five-year deferral of street improvements (or until development of the Pleasant Ridge Square PCD) to Fairview Road. The Little Rock Planning Commission granted a three-year time extension for the proposed submission of the final development plan at their December 22, 1997, Public Hearing. The applicant submitted a Final Development Plan for the Pleasant Ridge Square Long-form PCD, which was approved on February 1, 2002. The Little Rock Board of Directors adopted Ordinance No. 19,233 on November 9, 2004, establishing a revision to the Pleasant Ridge Town Center PCD. The development is proposed as a 300,000 square foot retail center with restaurant space developed as a “Life-style Center”. The approval allowed the creation of three lots. Ordinance No. 19,281 adopted by the Little Rock Board of Directors on February 15, 2005, revised the previously approved PCD to allow Coulson Oil to add an additional driveway to the site and adjust the southern property line. The site plan indicated the drive would be added to the southwestern corner of the property to adjoin to the proposed driveway for Pleasant Ridge Town Center. The applicant indicated with the adjustment, the existing Coulson PCD would function more appropriately with the approved Pleasant Ridge Town Center site plan. Coulson Oil also proposed the sale of a portion of their lot to the Pleasant Ridge Town Center along the southern perimeter. The sale of the property resulted in a rear yard buffer and landscape strip that was less than the typical minimum required per the Highway 10 Design Overlay District. The applicant stated with the approval of the Pleasant Ridge Town Center PCD, the reduced rear yard buffer appeared more reasonable since PCD zonings abutted one another. A. PROPOSAL/REQUEST: The applicant is now proposing an amendment to the previously approved Planned Commercial Development to allow the creation of two additional lots for the Pleasant Ridge Town Center. The previous approval allowed for the creation of three lots which have been final platted. The developer is proposing the placement of the two additional lots along Cantrell Road within the area identified as restaurant site. According to the applicant the restaurant out-parcels are needed to allow the transfer of property to prospective tenants. The approval would bring the total available lots on the site to five. There are no other modifications proposed to the previous approval. B. EXISTING CONDITIONS: The site is currently under construction for the shopping center with the internal “shell buildings” nearing completion. A large portion of the paving and landscaping has been installed. The restaurant out-parcels have been cleared and grading has taken place but no building construction has begun. October 26, 2006 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-4411-E 3 There is a single-family home located across Woodland Heights Road on R-2, Single-family zoned property. There are office uses located on O-3, General Office District zoned property to the east and north of the site. There is a church located to the northeast and a City of Little Rock fire station to the northwest. The Walton Heights Subdivision is also located to the north. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents. All property owners located within 200-feet of the site, all residents located within 300-feet of the site, who could be identified, along with the Walton Heights-Candlewood Property Owners Association, the Pleasant Forest Neighborhood Association, the Piedmont Property Owners Association and the Pleasant Valley Property Owners Association were notified of the public hearing. D. ENGINEERING COMMENTS: Public Works: No comment. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to the property. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: The private line that crosses these lots will need to be made a public water main and a waterline or utility easement will need to be dedicated to accommodate the public facilities. Fire Department: Approved as submitted. County Planning: No comment. CATA: The site is located on CATA Bus Route #25 – The Highway 10 Express Route. October 26, 2006 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-4411-E 4 F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the River Mountain Planning District. The Land Use Plan shows Commercial for this property. The applicant has applied for a revision to a previously approved Planned Commercial Development to allow the creation of two additional lots for the development of “out-parcels” for future sale of property to prospective tenants. The request does not require a change to the Land Use Plan. Master Street Plan: Pleasant Ridge Road is shown as a Collector on the Master Street Plan and Cantrell Road is as a Principal Arterial. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Cantrell since it is a Principal Arterial. 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. Bicycle Plan: A Class III bike route is shown north of this site on Southridge Drive. A Class III bikeway is a signed route on a street shared with traffic. No additional paving or right-of-way is required. City Recognized Neighborhood Action Plan: The applicant’s property lies in the area covered by the River Mountain Neighborhood Action Plan. The sustainable natural environment goal calls for the city to preserve the Highway 10 Overlay District and to vigorously enforce the ordinance for hillside protection. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (October 5, 2006) Mr. Joe White was present representing the request. Staff stated the proposed development was to allow the creation of lot lines with no other modifications to the previously proposed site plan or approvals. Staff requested Mr. White provide a note indicating cross access and cross parking on the proposed site plan. Staff also requested Mr. White correct the title block of the proposed site plan indicating a Revised Planned Commercial Development. Staff noted there were no additional comments from the Public Works Department and no additional landscaping comments. Staff noted comments from the various other reporting departments and agencies suggesting the applicant contact them directly for additional information October 26, 2006 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-4411-E 5 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: The applicant submitted a revised site plan to staff addressing the concern raised at the October 5, 2006, Subdivision Committee meeting. The revised site plan indicates the title block as Pleasant Ridge Towne Center Revised Long-form PCD. The site plan also indicates the placement of cross access and cross parking through-out the site. The proposal is to allow an amendment to the previously approved Planned Commercial Development to allow the creation of two additional lots within the development bringing the total number of available lots to five. The previous approval allowed for the creation of three lots which were previously final platted. Two additional lots along Cantrell Road within the area identified as restaurant site are being requested to allow future transfer of these parcels. There are no other modifications proposed to the previous approval. All the previous conditions as well as points of ingress and egress, signage, hours of operation, uses, landscaped areas, building setbacks will remain as were previously approved. Previously platted lot areas include Lot 1 containing 5.33 acres, Lot 2 containing 8.18 acres and Lot 3 containing 13.74 acres. The proposal is to allow Lot 3 to be subdivided with the two additional lots resulting in Lot 3A containing 10.59 acres, Lot 3B containing 1.68 acres and Lot 3C containing 1.47 acres. The Highway 10 Design Overlay District typically requires a minimum development tract of two acres. As indicated, Lots 3B and 3C do not meet this typical minimum requirement. In addition, the Highway 10 Design Overlay District allows a maximum number of buildings per commercial development measured both by minimum tract size and minimum frontage as one building every two acres. Staff is supportive of the request. Although the proposed lots do not meet the typical minimum lot size under the Highway 10 Design Overlay District, staff does not feel this will negatively impact the area. The lots are proposed to be sold as a separate ownership but the lots will appear as part of the unified development when viewed on the site. There are no modifications to access to serve the proposed newly created lots. The lots will take access from an internal driveway network serving the remaining development. To staff’s knowledge there are no outstanding issues associated with the request. Staff feels the creation of the two additional lots will have minimal impact on the adjoining properties and the area. October 26, 2006 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-4411-E 6 I. STAFF RECOMMENDATIONS: Staff recommends approval of the request to revise the previously approved PCD to allow the creation of two additional lots with no other modifications to the previously approved conditions or site plan subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. PLANNING COMMISSION ACTION: (OCTOBER 26, 2006) The applicant was present representing the request. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request to revise the previously approved PCD to allow the creation of two additional lots with no other modifications to the previously approved conditions or site plan subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. There was no further discussion of the item. The chair entertained a motion for placement of the item on the Consent Agenda for Approval. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. October 26, 2006 ITEM NO.: 13 FILE NO.: LU06-18-06 Name: Land Use Plan Amendment - Ellis Mountain Planning District Location: North of Pride Valley and west of Kanis Road Request: Suburban Office to Low Density Residential Source: Joe White, White-Daters PROPOSAL / REQUEST: The applicant has requested that this item be deferred until December 7, 2006. PLANNING COMMISSION ACTION: (OCTOBER 26, 2006) The item was placed on the consent agenda for deferral to December 7, 2006. By a vote of 10 for, 0 against (Adcock Absent) the consent agenda was approved. October 26, 2006 ITEM NO.: 13.1 FILE NO.: Z-5758-B NAME: The Ridge at Pride Valley Long-form PD-R LOCATION: Located on the Southwest corner of Kanis Road and Pride Valley Road DEVELOPER: Elder Montagne LLC 4902 South Thompson Springdale, AR 72764 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 12.6 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: O-2, Office and Institutional District ALLOWED USES: Office and Institutional uses PROPOSED ZONING: PD-R PROPOSED USE: Townhouse development 128 units VARIANCES/WAIVERS REQUESTED: 1. A variance from the Land Alteration Ordinance to allow advanced grading of the entire site with the development of Phase 1. 2. A deferral of the required street improvements to Pride Valley Road for five (5) years or until the development of Phase 3. The applicant submitted a request dated October 11, 2006, requesting a deferral of this item to the December 7, 2006, public hearing. Staff is supportive of the deferral request. October 26, 2006 SUBDIVISION ITEM NO.: 13.1 (Cont.) FILE NO.: Z-5758-B 2 PLANNING COMMISSION ACTION: (OCTOBER 26, 2006) The applicant was present representing the request. There were no registered objectors present. Staff stated the applicant had submitted a request dated October 11, 2006, requesting the item be deferred to the December 7, 2006, 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 10 ayes, 0 noes and 1 absent. October 26, 2006 ITEM NO.: 14 FILE NO.: Z-6120-M NAME: Capitol Lakes Estates Tract C Long-form PD-R LOCATION: Located on the Southeast corner of Capitol Hills Boulevard and Cooper Orbit Road DEVELOPER: Jay DeHaven 10650 Maumelle Blvd. Maumelle, AR 72113 ENGINEER: White-Daters and Associates #24 Rahling Circle Little Rock, AR 72223 AREA: 9.45 Acres NUMBER OF LOTS: 44 FT. NEW STREET: 1,600 LF CURRENT ZONING: R-2, Single-family ALLOWED USES: Single-family residential PROPOSED ZONING: PD-R PROPOSED USE: Single-family – 44 Patio Homes VARIANCES/WAIVERS REQUESTED: 1. A variance from the Land Alteration Ordinance to allow advanced grading of the site with the construction of the public utilities. The applicant submitted a request dated October 11, 2006, requesting a deferral of this item to the December 7, 2006, public hearing. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (OCTOBER 26, 2006) The applicant was present representing the request. There were no registered objectors present. Staff stated the applicant had submitted a request dated October 11, October 26, 2006 SUBDIVISION ITEM NO.: 14 (Cont.) FILE NO.: Z-6120-M 2 2006, requesting the item be deferred to the December 7, 2006, 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 10 ayes, 0 noes and 1 absent. October 26, 2006 ITEM NO.: 15 FILE NO.: Z-6278-C NAME: Studio Joe Revised Long-form PCD LOCATION: Located at 600 Autumn Road DEVELOPER: Angela and Robert Barrow C/o Steve Giles 425 West Capitol Avenue Little Rock, AR 72201 ENGINEER: Canino Peckham 10401 West Markham Street Little Rock, AR 72205 AREA: 1.072 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: PCD ALLOWED USES: Office and Commercial PROPOSED ZONING: Revised PCD PROPOSED USE: Add coffee sales as an allowable use and add a sign located on the rear of the building without public street frontage VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: Ordinance No. 17,488 adopted by the Little Rock Board of Directors on May 20, 1997, established Sport’s Authority Long-form PCD. There were stipulations placed on signage, trash pick-up and building height in the original Planned Development. The sign was to be placed at the south access drive and be no more than 8-feet in height and 100 square feet in area. The lighting incorporated into the sign was to be “turned- off” after business hours. The maximum height of the building was to be a one-story building with a maximum parapet height of 20-feet. The trash was to only be removed from the site between 8:00 am and 5:00 pm Monday – Friday. October 26, 2006 SUBDIVISION ITEM NO.: 15 (Cont.) FILE NO.: Z-6278-C 2 The original approval included an office building to be located on Lot 2 with a maximum square footage of 7,200 square feet. There was not a specific user for Lot 2. The following list of permitted uses was approved: Bank or savings and loan, Church, Medical oriented clinic, such as health, dental, optical, psychiatric and other similar counseling or treatment facilities for the care of people, Community welfare or health clinic, Covent or monastery, Day nursery or day care center, Duplication shop, Family care facility, Laboratory, Library, art gallery, museum or similar public use, Office – general or professional, Photography studio, Private school, kindergarten or institutional for special education, School – business, Studio – broadcasting and recording, Studio – art, music, speech, drama, dance or other artistic endeavors, Travel bureau, No drive-thru facilities would be allowed. Ordinance No. 18,699 adopted by the Little Rock Board of Directors on June 4, 2002 allowed a revision to the previously approved Planned Commercial Development for lot 2. The revision allowed an increase in the square footage of office space for the building and allowed a drive-thru pharmacy to be included as an allowable use. A 4,800 square foot medical clinic and a 2,500 square foot pharmacy were approved. The applicant proposed the pharmacy days and hours of operation to be Monday through Friday from 8:00 am to 7:00 pm and Saturday from 8:00 am to 5:00 pm. The clinic would be open from 8:00 am to 5:00 pm Monday through Friday. A. PROPOSAL/REQUEST: The owners propose to change the previously approved pharmacy with drive- through window into a music recording studio with coffee service to the patrons of the studio and to be sold to the general public through the drive-thru window on the south side of the building. The request also includes a change to the hours of operation for Studio Joe to 7:00 am to 11:00 pm seven days per week. The proposal includes a building mounted sign entitled “Studio Joe” and to add a Studio Joe name to the existing monument sign on Autumn Road. There are no changes to the existing medical clinic and other conditions contained in the existing approved PCD for the medical clinic. Studio Joe will contain a seating arrangement for patrons as well as tables and chairs in the fashion of a coffee shop. There will be no food prepared on the site although it may be catered in and served to the customers of the studio. The request also includes the placement of a sign along the rear wall of the building within the existing parking lot area. The sign will be placed over the door of the entrance to the recording studio and coffee shop. An awning is also proposed along the rear wall. October 26, 2006 SUBDIVISION ITEM NO.: 15 (Cont.) FILE NO.: Z-6278-C 3 B. EXISTING CONDITIONS: The site is developed with Sport’s Authority building and the parking as shown on the attached site plan. The site, Lot 2, is developed with a medical clinic. Other uses in the area include large retail uses and office uses. There are two strip commercial developments one to the south and one to the southeast of the site and an office use to the northeast of the site. The area directly east of the site is vacant O-2 zoned property. The area to the west is a Planned Commercial Development for Best Buy and Linens and Things. Single-family residences are located to the north of the site. C. NEIGHBORHOOD COMMENTS: All property owners within 200 feet, all residents within 300 feet of the site who could be identified and the Birchwood Neighborhood Association were notified of the Public Hearing. As of this writing staff has not received any comment from the neighborhood. D. ENGINEERING COMMENTS: Public Works: No comment. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this property. The proposed use may require the installation of a grease trap facility or modification to the existing grease trap facility. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Fire Department: Approved as submitted. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. October 26, 2006 SUBDIVISION ITEM NO.: 15 (Cont.) FILE NO.: Z-6278-C 4 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 revision to a previously approved Planned Commercial Development to allow the addition of a coffee shop as an allowable use for the site. The request does not require a change to the Land Use Plan. Master Street Plan: Autumn Road is shown as a Collector on the Master Street Plan. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. Bicycle Plan: A Class III bike route is shown on Autumn 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. City Recognized Neighborhood Action Plan: The applicant’s property lies in the area covered by the Walnut Valley Neighborhood Action Plan. The Community Redevelopment goal states: “Maintain and reinvigorate existing retail areas to provide active retail for local residents.” This action could be viewed as invigorating the existing commercial area by adding additional commercial uses. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (October 5, 2006) Mr. Steve Giles was present representing the request. Staff noted there were no outstanding issues associated with the request with regard to Planning and Public Works issues. Staff noted comments from the wastewater utility and suggested 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: There were no remaining technical issues associated with the request remaining from the October 5, 2006, Subdivision Committee meeting. The proposal is to allow a modification to the previously approved Planned Commercial Development to allow coffee sales to be added as an allowable use for the site. A pharmacy with drive-through window will be converted into a music recording studio with coffee service for the patrons of the recording studio and to be sold to the general public via the existing drive-thru window on the south side of the building. Studio Joe will contain a seating arrangement for patrons of the recording studio as well as tables and chairs in the fashion of a coffee shop. There will be no food prepared on the site although it may be catered in and served to the customers of the studio. October 26, 2006 SUBDIVISION ITEM NO.: 15 (Cont.) FILE NO.: Z-6278-C 5 A modification to the previously approved hours of operation is also being proposed. The hours of operation for Studio Joe will be changed to 7:00 am to 11:00 pm seven days per week. The proposal includes a building mounted sign entitled “Studio Joe” and to add a Studio Joe name to the existing monument sign on Autumn Road. The request also includes the placement of a sign along the rear wall of the building within the existing parking lot area. According to the applicant the signage is necessary in this location to notify persons entering the studio as to the door location for entrance. An awning is proposed on the rear wall over the door as well. Staff is supportive of the request. The applicant is proposing a revision to the PCD zoning to add a coffee shop with drive-through service as an allowable use for the site, add an additional sign and modify the hours of operation. There are no changes to the existing medical clinic and other conditions contained in the existing approved PCD. To staff’s knowledge there are no outstanding issues associated with the request. Staff does not feel the modifications as proposed will have any adverse impact on the adjoining properties or the area. I. STAFF RECOMMENDATIONS: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the above agenda staff report. PLANNING COMMISSION ACTION: (OCTOBER 26, 2006) The applicant was present representing the request. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. There was no further discussion of the item. The chair entertained a motion for placement of the item on the Consent Agenda for Approval. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. October 26, 2006 ITEM NO.: 16 FILE NO.: Z-7593-C NAME: South Shackleford Hotel Short-form PCD LOCATION: Located in the 800 Block of South Shackleford Road DEVELOPER: David Patel 300 Markham Center Drive Little Rock, AR 72205 ENGINEER: McGetrick and McGetrick Engineers 10 Otter Creek Parkway, Suite A Little Rock, AR 72210 AREA: 0.74 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 CURRENT ZONING: O-3, General Office District ALLOWED USES: Office PROPOSED ZONING: PD-C PROPOSED USE: 4-story 46 room hotel facility VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: A rezoning request and a conditional use permit were originally filed for this site. The applicant proposed to rezone the site from O-3 to O-2 and also requested a conditional use permit to allow the construction of a five-story fifty-eight room hotel. On June 2, 2004, the applicant submitted a request that the conditional use permit be withdrawn, which was approved by the Little Rock Planning Commission at their June 17, 2004, Public Hearing. The accompanying rezoning request was to be amended to a PD-C. On July 15, 2004, the Little Rock Planning Commission denied a request to rezone the site to Planned Commercial Development to allow the placement of a hotel on this site. The applicant proposed the construction of a four story forty-six room hotel facility on the site. The proposal included the placement of 56 on-site parking spaces. The total October 26, 2006 SUBDIVISION ITEM NO.: 16 (Cont.) FILE NO.: Z-7593-C 2 building height proposed was 45-feet. The applicant indicated a total of 26.42 percent or 6,758.57 square feet of landscaped area. The total floor area included 4,841.68 square feet on the first floor, 5,082.97 square feet on each of the remaining three floors for a total floor area of 20,090.59 square feet. A six foot monument style sign was proposed along Shackleford Road not to exceed the sign area allowed in office zones. A. PROPOSAL/REQUEST: The applicant is proposing the rezoning of this site to Planned Office Development to allow the placement of a four story hotel containing 42 rooms and 46 parking spaces. The site plan indicates the ground floor containing 5,300 square feet with the remaining three floors containing 6,120 square feet. The maximum height of the building is 52-feet. The site plan indicates the site contains 1.72 acres with 17.6 percent covered in building and 55.78 percent in paved area. The site plan indicates a single ground mounted monument style sign located along South Shackleford Road with a maximum height of six feet and a maximum sign area of sixty-four square feet. Building signage is proposed consistent with signage as typically allowed in commercial zones or a maximum of ten percent of the façade area. B. EXISTING CONDITIONS: The site is located in an area dominated by office uses and zoning. The predominant use is larger, multi-story office buildings on larger tracts. Other uses in the general vicinity include other hotels, a restaurant and a furniture store. The I-430 right-of-way is located across Shackleford Road, to the east. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received one phone call from an area resident. The Birchwood and the John Barrow Neighborhood Associations, all property owners within 200 feet of the site and all residents, who could be identified, within 300 feet of the site were notified of the Public Hearing. D. ENGINEERING COMMENTS: Public Works: 1. Sidewalks with appropriate handicap ramps are required to be installed along Shackleford Road in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. October 26, 2006 SUBDIVISION ITEM NO.: 16 (Cont.) FILE NO.: Z-7593-C 3 2. Private access is proposed for this lot. In accordance with Section 31-207, private streets must be designed to the same standards as public streets. Sidewalks with access ramps should be installed along the 40 foot access easement on south side of site. 3. Parking space #1 should be removed because the vehicle in parking space #1 will back into the driveway and easement. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required, with easements. Contact Little Rock Wastewater Utility at 688-1414 for additional information. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. The facilities on-site will be private. When meters are planned off private lines, private facilities shall be installed to Central Arkansas Water's material and construction specifications and installation will be inspected by an engineer, licensed to practice in the State of Arkansas. Execution of Customer Owned Line Agreement is required. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the I-430 Planning District. The Land Use Plan shows Office for this property. The applicant has applied for a rezoning from O-3 to Planned Commercial Development to allow the placement of a hotel on the site. The request does not require a change to the Land Use Plan. October 26, 2006 SUBDIVISION ITEM NO.: 16 (Cont.) FILE NO.: Z-7593-C 4 Master Street Plan: South Shackleford Road is shown as a Minor Arterial 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 South Shackleford 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: Existing or proposed Class I, II, or III Bikeways are not in the immediate vicinity of the development. City Recognized Neighborhood Action Plan: The applicant’s property lies in the area covered by the Walnut Valley Neighborhood Action Plan. While the neighborhood action plan has many goals pertaining to community redevelopment, it does not cover this issue. Landscape: 1. Compliance with the City’s Landscape and Buffer Ordinances is required. 2. The area along the northern property line falls below the nine foot (9’) wide minimum landscape strip. A variance from the City Beautiful Commission will be required. 3. Otherwise, areas set aside for landscaping appear to meet the City’s minimum landscape requirements. G. SUBDIVISION COMMITTEE COMMENT: (October 5, 2006) Mr. Pat McGetrick was present representing the request. Staff presented an overview of the proposed development indicating there were a few outstanding issues associated with the request. Staff requested the applicant provide details of the proposed signage. Staff also requested Mr. McGetrick provide a note concerning the required screening. Public Works comments were addressed. Staff stated access to the proposed site should be constructed to public street standard. Staff also stated the parking space #1 should be removed because the vehicle in parking space #1 would back into the driveway easement. Landscaping comments were addressed. Staff stated the area along the northern perimeter fell below the nine foot minimum as required by the Landscape Ordinance. October 26, 2006 SUBDIVISION ITEM NO.: 16 (Cont.) FILE NO.: Z-7593-C 5 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: The applicant submitted a revised site plan to staff addressing most of the issues raised at the October 5, 2006, Subdivision Committee meeting. The applicant has indicated the proposed dumpster screening and included the total height and area of the proposed signage. The site plan has removed proposed parking space #1 as requested by Public Works. The revised site plan also indicates the minimum buffer along the northern perimeter. The revised site plan also indicates interior landscaping per the minimum requirements of the Landscape Ordinance. A 42-room hotel is required to have 46 on-site parking spaces based on one space per room plus an additional 10% for staff, etc. The applicant is proposing 46 on-site parking spaces as typically required. The parking is accessed via two driveways off of a 24-foot private driveway that serves this lot and other properties to the south. The hotel will not have any meeting rooms, restaurant or bar that might generate additional parking requirements. The applicant is requesting approval of a Planned Commercial Development to allow for the development of a 4-story, 42-room hotel on the site. The building will have 23,660 square feet and be 52 feet in height. The proposed hotel will not have a restaurant or meeting rooms. Signage is proposed to consist of a single ground-mounted sign on the Shackleford Road frontage which will comply with ordinance standards for office zones; 6 feet tall and 64 square feet in area. Wall signage is proposed on the front (east) façade complying with Ordinance Standards; 10% coverage. Staff is supportive of the request. Staff feels the development of a multistory building for a hotel with a relatively small number of rooms is compatible with uses and zoning in the area. The proposed site plan indicates parking, landscaping, building heights and signage consistent with typical minimum ordinance requirements for this type development. To staff’s knowledge there are no outstanding issues associated with the request. Staff feels the proposed development of the site for a hotel is an appropriate use for the 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. October 26, 2006 SUBDIVISION ITEM NO.: 16 (Cont.) FILE NO.: Z-7593-C 6 PLANNING COMMISSION ACTION: (OCTOBER 26, 2006) The applicant was present representing the request. There were no registered objectors present. Staff presented the item indicating applicant had submitted a request dated October 24, 2006, requesting this item be deferred to the December 7, 2006, 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. A motion was made to waive the Commission’s By-laws with regard to the late deferral request. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. A motion was made for placement of the item on the Consent Agenda for Deferral. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. October 26, 2006 ITEM NO.: 17 FILE NO.: Z-7723-A NAME: Treadway Revised Short-form PCD LOCATION: Located at 4624 West 12th Street DEVELOPER: Bill and Margie Treadway 36 Tram Road Perryville, AR 72126-8131 ENGINEER: Blaylock-Threet Engineers, Inc. 1501 Market Street Little Rock, AR 72211 AREA: 0.32 acres NUMBER OF LOTS: 2 FT. NEW STREET: 0 CURRENT ZONING: PCD ALLOWED USES: Church and C-3 uses PROPOSED ZONING: Revised PCD PROPOSED USE: Add auto parts sales with limited installation as an allowable use VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: Ordinance No. 19,181 Adopted by the Little Rock Board of Directors on September 21, 2004, established Treadway Short-form PCD. The request included a replat of Lots 1 and 2, Block 30 of the Cunningham’s Addition to the City of Little Rock. Each of the lots contained individual buildings, which were constructed over lot lines several years ago. The indicated lots were zoned C-3, General Commercial District which typically required a 100-foot lot width, 14,000 square foot lot area and setbacks of 25-feet front yard, 25-feet rear yard and 15-feet side yard. The proposed plat indicated lot widths of 85-feet and 55-feet, a lot area of 8,500 square feet and 5,500 square feet and reduced front, side and rear yard setbacks. October 26, 2006 SUBDIVISION ITEM NO.: 17 (Cont.) FILE NO.: Z-7723-A 2 A three year deferral of the required street improvements associated with the redevelopment of Lot 2R was approved. The improvements to Lot 1 R were tied to the redevelopment of Lot 1R. An in-lieu contribution based on fifteen percent of the total building addition cost to be paid at the end of the three year deferral was approved. The approved plan indicated the placement of 21 on-site parking spaces shared between the two lots. The proposed uses of the site would include the development of a church on Lot 2R and commercial uses as allowed under the C-3, General Commercial District zoning classification for Lot 1R. The approved site plan did not include the placement of landscaping on the site. Due to the limits of size and setbacks of the site landscaping would be an extreme hardship and reduce the number of parking spaces on the site. A. PROPOSAL/REQUEST: The applicant is now proposing to amend the previously approved Planned Commercial Development for Lot 1R to add additional allowable uses to the site. The applicant’s cover letter indicates Magic Automotives has a goal which includes the sales and service of customizing automotive vehicles specified by individual clients. Customization will include installation of stereos and other unique décor; modification of auto parts, both interior and exterior, which will require disassembly and reassembly; installation of decorative parts; and painting murals on vehicles. B. EXISTING CONDITIONS: The site contains two non-residential buildings one accessed from West 12th Street, the second from Jefferson Street. West 12th Street is a four lane roadway with turn-lanes at intersections, recently resurfaced. Jefferson Street is a narrow roadway with open ditches for drainage and no sidewalk, curb or gutter in place. To the north of the site are single-family homes and to the southeast and southwest are non-residential retail uses. Across West 12th Street is a multi-family development, Madison Heights. C. NEIGHBORHOOD COMMENTS: As of this writing, Staff has received one phone call from an area resident. The Hope and the Forest Hills Neighborhood Associations, all property owners within 200 feet of the site and all residents, who could be identified, within 300 feet of the site were notified of the Public Hearing. October 26, 2006 SUBDIVISION ITEM NO.: 17 (Cont.) FILE NO.: Z-7723-A 3 D. ENGINEERING COMMENTS: Public Works: No comment. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: No comment. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Fire Department: No comment. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the I-630 Planning District. The Land Use Plan shows Commercial for this property. The applicant has applied for a revision to a previously approved Planned Commercial Development to allow auto parts and sales with limited installation as an allowable use for the site. The request does not require a change to the Land Use Plan. Master Street Plan: West 12th Street is shown as a Minor Arterial 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 West 12th Street since it is a Minor Arterial. Bicycle Plan: A Class III bike route is shown along West 12th Street. A Class III bikeway is a signed route on a street shared with traffic. October 26, 2006 SUBDIVISION ITEM NO.: 17 (Cont.) FILE NO.: Z-7723-A 4 City Recognized Neighborhood Action Plan: The applicant’s property lies in the area covered by the Stephens Area Neighborhood Action Plan. The neighborhood revitalization goal calls for more facilities in the area to meet local residents’ needs. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (October 5, 2006) The applicant was not present representing the request. Staff presented an overview of the proposed development stating there were no remaining technical issues associated with the request. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: There were no outstanding technical issues remaining from the October 5, 2006, Subdivision Committee meeting which needed addressing. The proposal is to allow an amendment to the previously approved Planned Commercial Development for Lot 1R to add additional allowable uses to the site. According to the applicant’s cover letter Magic Automotives has a goal which includes the sales and service of customizing automotive vehicles specified by individual clients. Customization includes installation of stereos and other unique décor, modification of auto parts, both interior and exterior, which will require disassembly and reassembly, installation of decorative parts and painting murals on vehicles. Although there is not a specific zoning classification for the applicant’s proposed uses of the site, the uses are most like those of auto parts, sales with limited motor vehicle parts installation and auto paint or body rebuilding shop. Staff is not supportive of the applicant’s request to add these type uses to the site. The site is located adjacent to single-family to the north and a new multi-family housing development is located just across 12th Street from the site. Staff feels the proposed uses, which are typically allowed by right in the C-4, Open Display District are too intense for the area. The site was previously zoned C-3, General Commercial District which is an indoor type retail zoning district classification. Currently the site is under enforcement for outdoor activities including installation of brakes and auto repair within the parking lot area of the site. Staff feels the site should maintain the indoor commercial status as allowed in the C-3, General Commercial District zoning classification to protect the area and the integrity of the residential uses in the area. I. STAFF RECOMMENDATIONS: Staff recommends denial of the request as filed. October 26, 2006 SUBDIVISION ITEM NO.: 17 (Cont.) FILE NO.: Z-7723-A 5 PLANNING COMMISSION ACTION: (OCTOBER 26, 2006) The applicant was present representing the request. There were no registered objectors present. Staff presented the item indicating applicant had submitted a request dated October 24, 2006, requesting this item be withdrawn from consideration without prejudice. 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 for placement of the item on the Consent Agenda for Withdrawal. A motion was made to waive the Commission’s By-laws with regard to the late withdrawal request. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. A motion was made to withdraw the item without prejudice. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. October 26, 2006 ITEM NO.: 18 FILE NO.: Z-7875-A NAME: Taylor Park Revised Long-form POD LOCATION: Located South of Kanis Road, just West of White Road DEVELOPER: Taylor Park LLC 13007 Stacy Lane Little Rock, AR 72211 ENGINEER: White Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 22.9 acres NUMBER OF LOTS: 123 FT. NEW STREET: 3,950 LF CURRENT ZONING: POD ALLOWED USES: Mixed Use Development – Office, Attached Single-family Residential and Detached Single-family Residential PROPOSED ZONING: Revised POD PROPOSED USE: Placement of a subdivision identification sign. VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: The Planning Commission reviewed a request and recommended approval for Taylor Park Long-form POD at their July 7, 2005 public hearing. The site plan included the development of 22.9 acres containing a mixed use development including office and residential uses. The property fronting along Kanis Road would allow quiet office uses with the remainder of the site being developed with attached and detached single-family residences. Ordinance No. 19,388 adopted by the Little Rock Board of Directors on August 30, 2005, rezoned the site from R-2, Single-family to POD establishing Taylor Park Long-form POD. October 26, 2006 SUBDIVISION ITEM NO.: 18 (Cont.) FILE NO.: Z-7875-A 2 A. PROPOSAL/REQUEST: The applicant is now proposing a revision to the previously approved Planned Office Development to allow the placement of a subdivision identification sign along the eastern side of Taylor Park Boulevard. The sign is proposed with a maximum height of eight feet and a maximum length of twenty-eight feet. The precast placard with the subdivision name is proposed as three feet by eight feet or twenty-four square feet. The sign is proposed with brick columns two-foot eight-inch wide and six feet high with a two foot precast sphere and cap. The construction material of the sign wall is running bond brick. B. EXISTING CONDITIONS: The site has been cleared and the basic infrastructure, including roadways has been installed. New homes are currently under construction. There are single-family homes located to the east of the site along White Road and single-family homes located to the west of the site accessed from Kanis Road. There are two office uses located to the north of the site, across Kanis Road, one a lawyers office the other a real estate office. C. NEIGHBORHOOD COMMENTS: The Parkway Place Neighborhood Association, the Gibralter Heights/Point West/Timber Ridge Neighborhood Association, the Spring Valley Manor Neighborhood Association, all owners of property located within 200 feet of the site and all residents, who could be identified, located within 300 feet of the site were notified of the public hearing. As of this writing, staff has received several informational phone calls from area residents. D. ENGINEERING COMMENTS: Public Works: No comment. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: No comment. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. October 26, 2006 SUBDIVISION ITEM NO.: 18 (Cont.) FILE NO.: Z-7875-A 3 Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. The facilities on-site will be private. When meters are planned off private lines, private facilities shall be installed to Central Arkansas Water's material and construction specifications and installation will be inspected by an engineer, licensed to practice in the State of Arkansas. Execution of Customer Owned Line Agreement is required. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: No comment. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Ellis Mountain Planning District. The Land Use Plan shows Suburban Office for this property. The applicant has applied for a revision to a previously approved Planned Office Development to allow the placement of a development sign along Kanis Road with a maximum height of eight feet and a maximum length of twenty eight feet. The request does not require a change to the Land Use Plan. Master Street Plan: Kanis Road is shown as a Minor Arterial 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. This street may require dedication of right-of-way and may require street improvements. Bicycle Plan: A Class III bike route is shown to the south of this application site. 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. City Recognized Neighborhood Action Plan: The property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. Landscape: No comment. October 26, 2006 SUBDIVISION ITEM NO.: 18 (Cont.) FILE NO.: Z-7875-A 4 G. SUBDIVISION COMMITTEE COMMENT: (October 5, 2006) The applicant was not present representing the request. Staff presented an overview of the proposed development stating there were no outstanding technical issues associated with the request. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: There were no issues outstanding from the October 5, 2006, Subdivision Committee meeting. The proposal is to allow a revision to the previously approved Planned Office Development for the placement of a subdivision identification sign along the east side of Taylor Park Boulevard. The sign is proposed with a maximum height of eight feet and a maximum length of twenty-eight feet. A precast placard with the subdivision name is proposed three feet by eight feet or twenty-four square feet. The sign is proposed with brick columns two-foot eight-inch wide and six feet high with a two foot precast sphere and cap. The construction material of the sign wall is running bond brick. The ordinance typically allows the placement of subdivision identification signage with a maximum height of six feet and thirty-two square feet in area. Staff is supportive of the applicant’s request. The subdivision identification sign is proposed as a decorative wall with a placard insert identifying the subdivision. The applicant’s proposed signage is typical of signage being constructed for newly developing subdivisions within the City with similar character, such as within the Chenal Valley Subdivisions. To staff’s knowledge there are no outstanding issues associated with the request. Staff feels the placement of the subdivision identification sign as proposed will have limited impact on the adjoining properties and the area. I. STAFF RECOMMENDATIONS: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. PLANNING COMMISSION ACTION: (OCTOBER 26, 2006) The applicant was present representing the request. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. October 26, 2006 SUBDIVISION ITEM NO.: 18 (Cont.) FILE NO.: Z-7875-A 5 There was no further discussion of the item. The chair entertained a motion for placement of the item on the Consent Agenda for Approval. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. October 26, 2006 ITEM NO.: 19 FILE NO.: Z-8098 NAME: Palmer Short-form PD-R LOCATION: Located at 2919 Lee Street DEVELOPER: Patricia Palmer 1050 Sherman Street #302 Denver, CO 80203 ENGINEER: Blaylock Threet Engineers, Inc. 1501 Market Street Little Rock, AR 72211 AREA: 0.25 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: R-3, Single-family ALLOWED USES: Single-family residential – Existing duplex PROPOSED ZONING: PD-R PROPOSED USE: Addition of a third unit VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: The property was constructed in 1928 as a duplex with an outbuilding located in the rear yard area. The outbuilding is currently being used as an art studio and for storage. The proposal is to convert the outbuilding into a studio apartment and guest quarters. The site currently contains two parking spaces extending from Lee Street and one new additional space is being proposed adjacent to the outbuilding accessed from an existing alley. The applicant began renovations prior to seeking a permit from the City. Portions of the renovation for conversion have been undertaken but the entirety of the conversion has not been completed. The studio is lacking an efficiency kitchen for completion. October 26, 2006 SUBDIVISION ITEM NO.: 19 (Cont.) FILE NO.: Z-8098 2 B. EXISTING CONDITIONS: The site contains an existing duplex structure and an outbuilding located in the rear yard area. There is a paved alley extending across this property to the property located to the east of the site to allow residents access to a parking area. A drive is located in the front yard area extending from Lee Street to allow parking for two to three cars. Uses in the area include multi-family and single-family. There are a number of duplex structures located east of this site and the building located immediately east of the site contains five units. C. NEIGHBORHOOD COMMENTS: The Hillcrest Residents Neighborhood Association, all owners of property located within 200 feet of the site and all residents, who could be identified, located within 300 feet of the site were notified of the public hearing. As of this writing, staff has received several informational phone calls from area residents. D. ENGINEERING COMMENTS: Public Works: 1. Install new driveway apron per City of Little Rock standard detail. 2. The adjacent property immediately to the west currently experiences flooding. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Existing sewer main on site. Contact Little Rock Wastewater Utility at 688-1414 for additional information. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: Contact Central Arkansas Water regarding the size and location of the water meter. 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. October 26, 2006 SUBDIVISION ITEM NO.: 19 (Cont.) FILE NO.: Z-8098 3 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 from R-3 to Planned Residential Development to allow the placement of a third residential unit on the site currently developed as a duplex and the second building being used as a studio. The request does not require a change to the Land Use Plan. Master Street Plan: Lee Avenue is shown as a Local Street on the Master Street Plan. This street may require dedication of right-of-way and may require street improvements. The primary function of a Local Street is to provide access to adjacent properties. The request location is located adjacent to Kavanaugh Boulevard, which is a Collector on the Master Street Plan. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. Bicycle Plan: A Class III bike route is shown south of this site 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. City Recognized Neighborhood Action Plan: The applicant’s property lies in the area covered by the Hillcrest Neighborhood Action Plan. The housing goal states that there is a need to “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.” This application, filed as a PDR, will give the neighborhood public input to protect the eclectic atmosphere in the absence of a Design Overlay District. Landscape: No landscaping comments on this use – only issue. G. SUBDIVISION COMMITTEE COMMENT: (October 5, 2006) Mr. Dwight Blizzard was present representing the request. Staff presented an overview of the proposed development indicating there were a number of outstanding issues associated with the request. Staff requested the site plan indicate all on-site parking including the proposed parking. Public Works comments were addressed. Staff stated the property located to the east experienced flooding during the spring rains. Mr. Blizzard questioned the proposed driveway apron construction. Staff stated the upgraded drive was to allow cars to exit from Kavanaugh Boulevard without hesitation. Staff noted comments from the various other reporting departments and agencies suggesting the applicant contact them directly for additional information October 26, 2006 SUBDIVISION ITEM NO.: 19 (Cont.) FILE NO.: Z-8098 4 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: The applicant submitted a revised site plan to staff addressing most of the issues raised at the October 5, 2006, Subdivision Committee meeting. The revised site plan indicates two existing on-site parking spaces and one additional parking space is being proposed. The proposal is to allow an existing outbuilding to be converted to a residential unit. Historically, the owner has used the building for storage and an art studio for her personal use. The site currently houses a duplex structure. With the conversion this would allow three residential dwelling units on the site. The site plan indicates the placement of three on-site parking spaces. Based on the minimum ordinance standards for a multi-family development four parking spaces would typically be required. Staff is supportive of the parking as proposed. The site has functioned with the current parking arrangement with little to no impact. The applicant is providing an additional parking space for the new unit. Based on typical minimum ordinance standards one additional parking space would be required for the additional unit. To staff’s knowledge there are no outstanding issues associated with the proposed request. Staff feels the addition of the third living unit on the site should have minimal impact on the adjoining properties and the area. I. STAFF RECOMMENDATIONS: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. PLANNING COMMISSION ACTION: (OCTOBER 26, 2006) The applicant was present representing the request. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. There was no further discussion of the item. The chair entertained a motion for placement of the item on the Consent Agenda for Approval. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. October 26, 2006 ITEM NO.: 20 FILE NO.: Z-8115 NAME: 1422 Townhomes Short-form PD-R LOCATION: Located at 1414 – 1422 South Rock Street DEVELOPER: Page Paul Dwellings, Inc. 5228 R Street Little Rock, AR 72207 ENGINEER: Crafton Tull and Associates 10825 Financial Center Parkway, Suite 300 Little Rock, AR 72211 AREA: 0.51 acres NUMBER OF LOTS: 1 Zoning Lot FT. NEW STREET: 0 LF CURRENT ZONING: R-4, Two Family ALLOWED USES: Two-family residential PROPOSED ZONING: PD-R PROPOSED USE: Townhouse development – five units VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: The developer is proposing the construction of five two story adjoining town homes containing 1300 square feet with detached garages, interior courtyard and space for outdoor living. The concept of “Intown Living” will have a 25-foot front yard setback on Rock Street, 18-foot setback on 15th Street, 33-foot setback to the rear alley entrance and a 10-foot setback that includes green space to the north property line. The building materials reflect the revival of mid-20th century and a new optimism of the future of MacArthur Park Historic District (i.e. (apartments at 418-422 15th Street). Inside the town homes will continue to stress the user-friendly green technologies like; CFL lighting, low-volatile paints, European shower heads, self-programmable thermostats, IKEA kitchens and scored concrete floors. Outside green space will include green fences for privacy October 26, 2006 SUBDIVISION ITEM NO.: 20 (Cont.) FILE NO.: Z-8115 2 at the rear of the garages, a permeable parking pad (gravel), plantings along the west edge of the rear alley, which will be the entrance and exit. Street trees within the City right-of-way will be planted along the roadways with the aid of Tree Streets. B. EXISTING CONDITIONS: The site is currently vacant. The area is predominately residential with a scattering of single-family and multi-family units. The site is located in the MacArthur Park Historic District. Two blocks west of the site is Main Street with a number of office and commercial businesses. A number of the homes in the area were damaged or destroyed by a tornado a few years ago. C. NEIGHBORHOOD COMMENTS: The MacArthur Park Property Owners Association, the East of Broadway Neighborhood Association, all owners of property located within 200 feet of the site and all residents, who could be identified, located within 300 feet of the site were notified of the public hearing. As of this writing, staff has received several informational phone calls from area residents. D. ENGINEERING COMMENTS: Public Works: 1. A 20 foot radial dedication of right-of-way is required at the intersection of Rock Street and East 15th Street. 2. With site development, provide the design of the street conforming to the Master Street Plan. Construct one-half street improvements to East 15th and Rock Streets including 5-foot sidewalks with the planned development. 3. Alley must be improved with at least 18 feet of asphalt pavement for the length of the property. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this property. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water regarding the size and location of the water meters. October 26, 2006 SUBDIVISION ITEM NO.: 20 (Cont.) FILE NO.: Z-8115 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 located on a dedicated CATA Bus Route #6 – the Granite Mountain Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Central City Planning District. The Land Use Plan shows Low Density Residential for this property. The applicant has applied for a rezoning to Planned Residential Development to allow the placement of five two-story, multi-family residential dwellings, each containing a detached garage. The request does not require a change to the Land Use Plan. Master Street Plan: South Rock Street and East 15th Street are both shown as Local Streets on the Master Street Plan. These streets may require dedication of right-of-way and may require street improvements. The primary function of a Local Street is to provide access to adjacent properties. Bicycle Plan: A Class III bike route is shown one block east of Rock Street on Commerce Street. A Class III bike route is also shown two blocks south of this site on East 17th Street and one block north of the site on Daisy Bates Drive. A Class III bikeway is a signed route on a street shared with traffic. City Recognized Neighborhood Action Plan: The applicant’s property lies in the area covered by the Downtown Neighborhood Action Plan. The housing goal focuses on redeveloping this area of the city. It states a need to develop vacant and abandoned lots. It also states a need for the promotion of home ownership. This application, which is redeveloping vacant lots and will be for sale to individuals, fulfills these goals. Another goal for this neighborhood was to repopulate the area, which would require higher densities than the traditional single-family detached home in some areas. October 26, 2006 SUBDIVISION ITEM NO.: 20 (Cont.) FILE NO.: Z-8115 4 Landscape: 1. Compliance with the City’s landscape and buffer ordinances minimal standards is required. 2. Street trees are recommended along the perimeter streets. 3. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the western perimeter of the property. The buffer ordinance requires that seventy percent (70 %) of this area remain undisturbed. 4. Additional landscaping may be required in conjunction with any new on site parking. 5. An automatic irrigation system to water landscaped areas will be required. 6. Prior to the issuance of a building permit, it will be necessary to provide an approved landscape plan stamped with the seal of a Registered Landscape Architect. 7. The City Beautiful Commission recommends preserving as many existing trees as feasible on tree covered sites. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (October 5, 2006) Mr. Page Wilson was present representing the request. Staff presented an overview of the proposed development indicating there were few outstanding issues associated with the request. Staff requested Mr. Wilson provide building elevations, construction materials and a dimensioned site plan. Staff also requested any proposed signage be included on the proposed site plan. Public Works comments were addressed. Staff stated a 20-foot radial dedication was required at the intersection of Rock and East 15th Street. Staff stated the existing alley must be improved to a minimum of 18-feet of pavement for the length of the property. Landscaping comments were addressed. Staff stated screening would be required along the western perimeter of the property. Staff also noted street trees were encouraged. Staff noted the placement of the trees in the right-of-way would require a franchise agreement with the City of Little Rock. 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. October 26, 2006 SUBDIVISION ITEM NO.: 20 (Cont.) FILE NO.: Z-8115 5 H. ANALYSIS: The applicant submitted a revised site plan to staff addressing most of the issues raised at the October 5, 2006, Subdivision Committee meeting. The applicant has provided staff with a dimensioned site plan, construction materials and building elevations. The applicant has also indicated no signage will be utilized within the development. The building materials include stucco, James Hardie siding products, low-e metal casing windows and a distinctive lat-roof using membrane technology. The site plan indicates a 25-foot setback from Rock Street, 18-feet from 15th Street, 33-feet from the rear alley and a 10-foot setback from the north property line. The site plan includes 18.4 percent of the site as public open space and 33.8 percent as private open space. The site plan indicates a total building area of 22,500 square feet with each unit containing 3,753 square feet of building area including the living area, garage and patio area. The units are proposed with two car garages accessed from the existing alley. The typical minimum parking required for a multi-family development would be one and one-half spaces per unit or seven spaces. The indicated parking is more than adequate to serve the needs of the development. The screening of the patio areas is proposed as “green fencing”. The site plan indicates the fencing will be placed to separate the individual patio areas and offer privacy to the homeowner. The fencing will be a maximum of six feet in height. Staff is supportive of the proposed request. The proposed site plan indicates the placement of owner occupied townhouse units on this site adding reinvestment into the area. The site is located within the MacArthur Park Historic District. Prior to the item being forwarded to the Board of Directors for final action, the Historic District Commission will review the request to determine if the building deign and construction materials are compatible with minimum standards. To staff’s knowledge there are no outstanding issues associated with the request. Staff feels the development as proposed should have minimal impact on the area. I. STAFF RECOMMENDATIONS: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the above agenda staff report. October 26, 2006 SUBDIVISION ITEM NO.: 20 (Cont.) FILE NO.: Z-8115 6 PLANNING COMMISSION ACTION: (OCTOBER 26, 2006) The applicant was present representing the request. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. There was no further discussion of the item. The chair entertained a motion for placement of the item on the Consent Agenda for Approval. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. October 26, 2006 ITEM NO.: 21 FILE NO.: Z-8116 NAME: Arbors Development Short-form PD-R LOCATION: Located on the Southeast corner of 15th and Cumberland Streets DEVELOPER: Arbors Development, LLC 1620 Tarrytown Road Little Rock, AR 72227 ARCHITECT: Randy S. Ripley AIA 1620 Tarrytown Road Little Rock, AR 72227 AREA: 0.17 acres NUMBER OF LOTS: 3 FT. NEW STREET: 0 LF CURRENT ZONING: R-4, Two-family ALLOWED USES: Two family residential PROPOSED ZONING: PD-R PROPOSED USE: Single-family – 3 residential lots VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: The proposal is to allow the subdivision of an existing 83-foot by 140-foot lot into three single-family residential lots. New homes will be constructed on the newly created lots facing 15th Street. The homes will have garages located in the rear of the homes. Access to the garages will be provided via an 18-foot access easement extending from the existing alley along the rear of the lots across Lots 2 and 3 to reach Lot 1. Full front porches are being proposed to face 15th Street. Setbacks are to be five foot side yard setback, 18-foot rear yard setback and a front yard setback of 7-feet. October 26, 2006 SUBDIVISION ITEM NO.: 21 (Cont.) FILE NO.: Z-8116 2 B. EXISTING CONDITIONS: The site is currently vacant. The area is predominately residential with a scattering of single-family and multi-family units. The site has historically been used as single-family lots. Two blocks west of the site is Main Street with a number of office and commercial businesses. A number of the homes in the area were damaged or destroyed by a tornado a few years ago. The site is located just outside the MacArthur Park Historic District. The site is located within the Central City Redevelopment Corridor Design Overlay Zoning District. C. NEIGHBORHOOD COMMENTS: The McArthur Park Property Owners Association, the East of Broadway Neighborhood Association, all owners of property located within 200 feet of the site and all residents, who could be identified, located within 300 feet of the site were notified of the public hearing. As of this writing, staff has received several informational phone calls from area residents. D. ENGINEERING COMMENTS: Public Works: 1. A 20 foot radial dedication of right-of-way is required at the intersection of East 15th and Cumberland Streets. A 20 foot radial dedication of right-of-way is also required at the intersection of East 15th Street and the alley. 2. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 3. The alley must be asphalt paved with at least 18 feet of pavement for the length of the frontage. 4. Driveway in the rear of the lots must be placed in a shared access easement. At least 18 feet of driving surface should be provided to maintain 2-way traffic. 5. Collection services will only be provided along East 15th Street or the alley. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this property. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. October 26, 2006 SUBDIVISION ITEM NO.: 21 (Cont.) FILE NO.: Z-8116 3 Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water regarding the size and location of the water meters. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is located on a dedicated CATA Bus Route #6 – the Granite Mountain Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Central City Planning District. The Land Use Plan shows Low Density Residential for this property. The applicant has applied for a rezoning of the site to a Planned Residential Development to allow the placement of three single-family homes. The request does not require a change to the Land Use Plan. Master Street Plan: Cumberland Street and East 15th Street are both shown as Local Streets on the Master Street Plan. These streets may require dedication of right-of-way and may require street improvements. The primary function of a Local Street is to provide access to adjacent properties. Bicycle Plan: A Class III is shown one block north of this location and two blocks south. 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. City Recognized Neighborhood Action Plan: The applicant’s property lies in the area covered by the Downtown Neighborhood Action Plan. The housing goal focuses on redeveloping this area of the City. It states a need to develop vacant and abandoned lots. It also states a need for the promotion of home ownership. This application, which is redeveloping vacant lots, and will be for sale to individuals, fulfills these goals. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (October 5, 2006) Mr. Randy Ripley was present representing the request. Staff presented an overview of the proposed development stating there were few outstanding issues associated with the request. Staff requested the developer indicate any October 26, 2006 SUBDIVISION ITEM NO.: 21 (Cont.) FILE NO.: Z-8116 4 proposed fencing on the site plan including fencing proposed to separate patio areas. Staff also questioned if the patios would be constructed at grade. Mr. Ripley stated the patios would be at grade. Staff questioned the percentage of open space proposed, both common and private. Public Works comments were addressed. Staff stated a 20-foot radial dedication of right-of-way would be required at the intersection of East 15th Street and Cumberland and East 15th Street and the alley. Staff also stated the minimum paved width of the alley was 18-feet. Mr. Ripley stated the alley was recently resurfaced and the width appeared to meet the minimum requirements. Staff stated garage collection would be provided along East 15th Street or the alley. 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: The applicant submitted a revised site plan to staff addressing most of the issues raised at the October 5, 2006, Subdivision Committee meeting. The applicant has indicated fencing will be placed by the future homeowners to screen the patio areas. According to the applicant green fences or wood fences will be used at the discretion of the homeowner. The maximum height proposed is six feet. A total building area of 3,873 square feet is proposed on the site plan for the three lots. In addition the site plan indicates a total of 2,017 of landscaped area within the proposed yard area. Each building is proposed with a lower level of heated and cooled space of 1,140 square feet and a finished attic space of 455 square feet. Each unit will have a rear loaded two car garage served from an 18-foot access easement. The maximum building height proposed is 28-feet. The construction materials are proposed as cement fiberboard with battens 16-inch on center and cement fiberboard lap-siding. The site is located in the Central City Redevelopment Corridor Design Overlay Zoning District. Per Section 36-370 the design criteria of the zoning district must be followed with no variation. The criteria states a roof pitch of less than 4:12 shall be prohibited, construction materials of the exterior shall be wood, brick or material that resembles wood, the structure shall be oriented consistent with that of other structures on the block face, primary entrances consistent with that of other structures on the developed block face and parking is not permitted in the front setback. The proposed development will adhere to the development criteria with no variation. The proposal is to allow the subdivision of an existing 83-foot by 140-foot lot into three single-family residential lots. New homes will be constructed on the newly created lots facing 15th Street. Setbacks are five foot side yard setback, 18-foot rear yard setback and a front yard setback of 7-feet. The lots have been October 26, 2006 SUBDIVISION ITEM NO.: 21 (Cont.) FILE NO.: Z-8116 5 indicated with a lot width of 46.8 feet and a lot depth of 83-feet. The total lot area is 4,024.8 square feet. The site is zoned R-4, Two-family District which allows single-family and two family development. The typical minimum ordinance requirements per the R-4, Two-family Zoning District are a minimum lot area of 7,000 square feet, a minimum lot width of 70-feet and a minimum lot depth of 100-feet. In addition, setbacks are typically a 25-foot front and rear yard setback and a side yard setback of 10 percent of the lot width not to exceed five feet. The maximum building height allowed per the R-4 district is 35-feet. Staff is supportive of the applicant’s request. Although the indicated lot sizes and setbacks are less than the typical minimum ordinance standards, staff does not feel the proposed development will have any adverse impact on the area. The general area contains a number of lots which are somewhat similar in size and configuration to the applicant’s proposal. The applicant is proposing the redevelopment of this site with single-family homes constructed in similar character with regard to construction materials and design to the surrounding area. Staff feels the proposed redevelopment of the area will enhance the area, adding value to properties with the addition of the new single-family homes. To staff’s knowledge there are no outstanding 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. PLANNING COMMISSION ACTION: (OCTOBER 26, 2006) The applicant was present representing the request. 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. Mr. Randy Ripley addressed the Commission stating his intent was to develop an in-fill single-family housing development. He stated the units were proposed as three single-family units each contained on a single lot. He stated the homes would be constructed in the arts and crafts style with a similar architectural style as other homes in the area. Mr. Jason Weber addressed the Commission in opposition of the request. He stated his home was located south of the proposed development. He stated he was concerned with the placement of utility poles along the proposed driveway. He stated his concerns were with being flaked by an alley on two sides and the limited setback being proposed along the southern perimeter. He stated the proposed drive would be located along his October 26, 2006 SUBDIVISION ITEM NO.: 21 (Cont.) FILE NO.: Z-8116 6 property line and he feared persons backing out would not be allowed sufficient maneuvering space. He stated he was also concerned with the number of units and the orientation of the units to the other homes on the block. He stated his home would be looking at the rear of one of the new homes. He stated most of the homes faced the named streets and not the number streets as was being proposed with the current development. He stated the exception was homes along major thoroughfares. He stated if approved with the current orientation this would alter the block face which was currently redeveloping. He stated he felt by reducing the number of units and facing the units to Cumberland the proposed development would be a better fit to the neighborhood. Mr. Ripley stated although the site was one lot the Bagley Map indicated the site with three addresses. He stated when he was researching an area to develop he found the site had historically been used as three residential units. He stated this was one of the appealing factors for his consideration in purchasing the site. He stated the development was less intense than would be allowed by the placement of a story and a half residential unit with a larger setback than typically required. The Commission questioned if the units could be moved to the north. Staff stated they would need to review reducing the front yard setback since currently the units were set and seven and one-half feet. The Commission questioned utilities. Mr. Ripley stated utilities would be underground. There was a general discussion concerning the proposed driveway and the maneuvering room. The Commission indicated they did not feel the indicated eighteen feet was adequate. Mr. Ripley stated wheel stops could be placed within this area to keep cars from backing into Mr. Weber’s yard. The Commission indicated a deferral maybe in order to allow Mr. Ripley to work with staff to resolve concerns. Mr. Ripley stated he was amenable to a deferral. There was no further discussion of the item. The chair entertained a motion for deferral of the item to the December 7, 2006, public hearing. The motion carried by a vote of 7 ayes, 0 noes, 3 absent and 1 abstention. October 26, 2006 ITEM NO.: 22 FILE NO.: Z-8117 NAME: CBM Appraisals Inc, Short-form POD LOCATION: Located at 15924 Cantrell Road DEVELOPER: CBM Appraisal, Inc. P.O. Box 56560 Little Rock, AR 72215 SURVEYOR: Brooks Surveying 20820 Arch Street Pike Hensley, AR 72065 AREA: 0.37 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family ALLOWED USES: Single-family Residential PROPOSED ZONING: PD-O PROPOSED USE: Appraisal Office VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: The applicant is seeking a rezoning of the site from R-2 to PD-O to allow an existing residential structure to be converted to an office use. The applicant is proposing the use of the site for an appraisal company which currently has three employees. According to the applicant, there are no plans for any additional employees in the foreseeable future. According to the applicant, the type of business would not require the placement of a dumpster on the site or necessitate the placement of any type signage. Due to the nature of the business, the applicant has stated customers typically do not come to the business for services. The hours of operation are from 6:00 am to 6:00 pm Monday through Friday. The applicant has indicated there are no plans for October 26, 2006 SUBDIVISION ITEM NO.: 22 (Cont.) FILE NO.: Z-8117 2 modification of the structure. The structure was recently remodeled and would not require any additions or alterations for this specific office use. Asphalt will be added to the exterior yard area for additional parking on the site. The existing carport structure will be used as one space and two additional spaces will be added to the front yard area. B. EXISTING CONDITIONS: The site contains a single-family structure with a single drive from Cantrell Road. The property to the west was recently rezoned to PD-O for use as an insurance agency. North of the site is a creek with a single-family subdivision located further to the north. Across Cantrell Road is Bella Rosa Commerce Center an office development wrapping mini-warehouse units. Southeast of the site is a POD zoned area containing number of office uses including a bank and mortgage company. A large portion of the site including the structure is located within the regulated floodway. C. NEIGHBORHOOD COMMENTS: The Westchester Neighborhood Association, the Westbury Property Owners Association, the Secluded Hills Property Owners Association, all owners of property located within 200 feet of the site and all residents, who could be identified, located within 300 feet of the site were notified of the public hearing. As of this writing, staff has received several informational phone calls from area residents. D. ENGINEERING COMMENTS: Public Works: 1. Cantrell Road is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to 55 feet from centerline will be required. Show centerline of Cantrell Road on survey. 2. Sidewalks with appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. 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. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. 5. A special Grading Permit for Flood Hazard Areas will be required per Section 8-283 prior to construction. October 26, 2006 SUBDIVISION ITEM NO.: 22 (Cont.) FILE NO.: Z-8117 3 6. The majority of the property is located in the floodway of Taylor Loop Creek. No additions to the structure are allowed in the floodway. No fencing or screening is allowed to be located in the floodway. 7. Since the structure is in the floodway, the existing structure can only be improved up to 50% of the market value of the structure. Provide certified appraisal of the structure and estimate of the cost of the improvements prepared by a licensed contractor, professional engineer, or architect. 8. Per Section 36-341(h)(2), floodways shall be kept free of structural involvement including fences, open storage of materials and equipment, vehicle parking and other impediments to the free flow of floodwater. 9. Provide "No rise certification" prepared by a professional engineer to show that the base flood elevation at this location did not rise due to the addition of gravel in floodway. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required with easements if sewer service is needed for this development. Contact Little Rock Wastewater Utility at 688-1414 for additional information. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Fire Department: Approved as submitted. County Planning: No comment. CATA: The site is located on CATA Bus Route #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 Transition for this property. The applicant has applied for a rezoning from R-2 to Planned Office Development to allow the site to be used as an appraisal office. The request does not require a change to the Land Use Plan. October 26, 2006 SUBDIVISION ITEM NO.: 22 (Cont.) FILE NO.: Z-8117 4 Master Street Plan: Cantrell Road is shown as a Principal Arterial on the Master Street Plan. This street may require dedication of right-of-way and may require street improvements. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Cantrell since it is a Principal Arterial. Bicycle Plan: A Class I bike route is shown just north of this site. A Class I bikeway is built separate from or alongside a road. City Recognized Neighborhood Action Plan: The property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. Landscape: 1. Compliance with the City’s landscape and buffer ordinance is required. 2. The Highway 10 Design Overlay District requires a minimum of forty feet (40) of landscape area along Highway 10. The proposed parking is located within this area. The parking lot should be relocated to the rear of the property. 3. The Landscape Ordinance requires a minimum landscape strip nine feet in width along the eastern and western perimeters of the site. 4. A thirteen foot (13) wide land use buffer is required to separate this proposed development from the residential property on the northern perimeter of the site. Seventy percent (70%) of these buffers are to remain undisturbed. G. SUBDIVISION COMMITTEE COMMENT: (October 5, 2006) Mr. Ed Penick, Jr. was present representing the request. Staff presented an overview of the proposed development indicating there were few outstanding issues associated with the request. Staff stated the cover letter indicated there would not be any signage as a part of the development. Staff questioned if this included building signage. Staff also requested the applicant provide a site plan drawn to scale including the proposed parking. Public Works comments were addressed. Staff stated the site was located within a regulatory floodway. Staff stated only improvements up to 50 percent of the market value of the structure were allowable. Staff requested a certified appraisal of the site. Staff stated a no rise certification prepared by a professional engineer including the base flood elevation and the addition of the paving and graveled parking areas was required. Landscaping comments were addressed. Staff stated parking was not allowed within the first 40-feet of Highway 10 per the Design Overlay District. Staff also October 26, 2006 SUBDIVISION ITEM NO.: 22 (Cont.) FILE NO.: Z-8117 5 stated a minimum landscape strip would be required along the eastern and western perimeters of the associated with any new paved areas. 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: The applicant submitted a revised site plan to staff addressing most of the issues raised at the October 5, 2006, Subdivision Committee meeting. The applicant has provided a site plan drawn to scale as requested by staff. The applicant has not addressed building signage. Staff would recommend if the rezoning request is approved, building signage be limited to a maximum of ten percent of the façade area as typically allowed in office zones. The revised site plan indicates the placement of three on-site parking spaces. Two of the spaces have been indicated within the front yard area and one within the existing carport structure. The proposed parking does not allow for the automobile parked within the carport area to exit the site if the two exterior spaces have automobiles parked in them. In addition, the two proposed parking spaces are located within the front yard area leaving a 7.7-foot landscape strip along Cantrell Road, which is typically reserved for a 40-foot landscape strip within the area defined by the Highway 10 Design Overlay District. Since the structure is in the floodway, the existing structure can only be improved up to 50% of the market value of the structure. A certified appraisal of the structure and estimate of the cost of the improvements prepared by a licensed contractor, professional engineer, or architect is required to determine value. The applicant has not provided staff with the requested appraisal report. Staff also has concerns with the conversion of this structure into a use higher than single-family and adding value to the site with the higher zoning classification. Staff has supported two previous applications in this area to allow the conversion of single-family structures into office uses. The site located immediately west of this site and a site located to the east. Staff support for the structure located immediately west of this site was due to only a small portion of the structure being located within the floodway and staff support for the structure located to the east of this site was based on an inaccurate survey indicating the site was not located within the floodway. Staff found once all approvals were received and the remodeling permit was issued, the survey was not accurate. Due to the fact the site is located within the floodway, staff cannot support the request for rezoning. Staff feels the City should not rezone this site and add value to the structure by providing the site with a zoning classification of a value which is higher than single-family. I. STAFF RECOMMENDATIONS: Staff recommends denial of the request. October 26, 2006 SUBDIVISION ITEM NO.: 22 (Cont.) FILE NO.: Z-8117 6 PLANNING COMMISSION ACTION: (OCTOBER 26, 2006) The applicant was present representing the request. There were no registered objectors present. Staff stated the applicant had submitted a request dated October 23, 2006, requesting a deferral of this item to the December 7, 2006, 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. A motion was made to waive the Commission’s By-laws with regard to the late deferral request. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. The chair entertained a motion for placement of the item on the Consent Agenda for Deferral. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. October 26, 2006 ITEM NO.: 23 FILE NO.: Z-8118 NAME: 18220 Cantrell Road Short-form PCD LOCATION: Located at 18220 Cantrell Road DEVELOPER: Desiderio Juarez 18220 Cantrell Road Little Rock, AR 72223 ENGINEER: Crafton Tull and Associates 10825 Financial Center Parkway, Suite 300 Little Rock, AR 72211-3554 AREA: 1.85 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: PCD and R-2, Single-family ALLOWED USES: Window and Blinds and Single-family PROPOSED ZONING: PCD PROPOSED USE: C-1 uses VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: The Little Rock Board of Directors zoned this site to PCD on February 6, 1990, by the adoption of Ordinance No. 15,813. The rezoning was a part of a larger effort to rezone the area “west of the city limits and north of Denny Road” as a part of implementation of the land use regulation of the extraterritorial planning area. The rezoning effort recognized existing businesses in the area and established an existing Business Node in this area. This site was rezoned to PCD to recognize an existing custom window covering and blind company which was operating from the single-family home. On March 20, 2003, the Little Rock Planning Commission approved a request for the placement of seasonal sale of Class C 1.4G Common Fireworks. The company proposed the placement of a temporary tent on the site for the seasonal sale of October 26, 2006 SUBDIVISION ITEM NO.: 23 (Cont.) FILE NO.: Z-8118 2 fireworks. The sale of fireworks was proposed from June 20th through July 4th each year. The request was denied by the Board of Directors at their May 6, 2003, public hearing. A. PROPOSAL/REQUEST: The subject property consists of 1.85 acres and is currently zoned R-2 and PCD. The site is located on the northwest corner of Cantrell Road and North Ridge Road. The applicant desires to develop the property as a commercial site to include a 21,000 square foot, two story building with an approximate ratio of 80 percent retail/commercial and 20 percent office uses. The request includes C-1 uses as allowable uses. The site plan indicates a building footprint of approximately 12,000 square feet and parking for 88 cars with a single driveway connecting to North Ridge Road. The intent of the applicant is to dedicate the right of way required along North Ridge Road and construct the necessary ½ street improvements. A dumpster has been located along the northern perimeter of the site. The dumpster hours are limited to daylight hours. Building signage is proposed as typically allowed per the Highway 10 Design Overlay District and a single ground mounted monument style sign is proposed near the street intersection with a maximum height of 10-feet and a maximum sign area of 100 square feet. B. EXISTING CONDITIONS: The site is not located within the City Limits but is located within the Extraterritorial Planning Jurisdiction. The site contains an existing single-family structure used as a residence. The areas to the west and south are currently zoned PCD. Located further east there is a site zoned PCD for the FFLS Company, a financial form company and a church on R-2 zoned property adjacent to Patrick Country Road. South of the site is a PCD for a restaurant and a second for a site which appears to be a business use in the occupant’s outbuilding. The area is a mix of single-family and non-residential uses on large tracts in a rural setting. East of the site is the Ranch Development with a mix of Commercial, Office and Multi-family zoning and south of Highway 10 are single-family subdivisions, Aberdeen and Maywood Manor. C. NEIGHBORHOOD COMMENTS: The Maywood Neighborhood Association, the Aberdeen Court Property Owners Association, the Johnson Ranch Neighborhood Association, the Margeaux Property Owners Association, all owners of property located within 200 feet of the site and all residents, who could be identified, located within 300 feet of the October 26, 2006 SUBDIVISION ITEM NO.: 23 (Cont.) FILE NO.: Z-8118 3 site were notified of the public hearing. As of this writing, staff has received several informational phone calls from area residents. D. ENGINEERING COMMENTS: Public Works: 1. Highway 10 is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to 55 feet from centerline will be required. Provide survey that shows centerline of Highway 10 and property line. 2. The proposed land use would classify North Ridge Road on the Master Street Plan as a commercial street. Dedicate right-of-way to 30 feet from centerline. 3. A 20 foot radial dedication of right-of-way is required at the intersection of Highway 10 and North Ridge Road. 4. With site development, provide the design of the street conforming to the Master Street Plan. Construct one-half street improvements to North Ridge Road including 5-foot sidewalks with the planned development. 5. Sidewalks with appropriate handicap ramps are required along Highway 10 in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. 6. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. 7. In accordance with Section 31-210 (h)(12), access driveways running parallel to the street shall not create a four-way intersection within 75 feet of the future curb line of the street. 8. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 9. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. 10. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Outside the service boundary. Provide the means of the proposed wastewater collection and treatment with approval from the appropriate State or County agency. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. October 26, 2006 SUBDIVISION ITEM NO.: 23 (Cont.) FILE NO.: Z-8118 4 Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water regarding the size and location of the water meter(s). Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: 1. Coordinate road improvements with Pulaski County Road and Bridge. 2. Driveway permits required from Pulaski County Road and Bridge prior to construction. CATA: The site is located on CATA Bus Route #25 – the Highway 10 Express Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Pinnacle Planning District. The Land Use Plan shows a Business Node for this property. The applicant has applied for a Short form PCD to allow the placement of an 80 percent commercial and 20 percent office building with a total of 24,000 square feet of square and 87 parking spaces contained in a two-story building with a building footprint of 12,000 square feet. The request does not require a change to the Land Use Plan. Master Street Plan: Cantrell Road is shown as a Principal Arterial on the Master Street Plan. This street may require dedication of right-of-way and may require street improvements. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Cantrell since it is a Principal Arterial. Bicycle Plan: A Class II bike route is shown on Cantrell Road. A Class II bikeway is located on the street as either a 5’ shoulder or six foot marked bike lane. Additional paving and right of way may be required. October 26, 2006 SUBDIVISION ITEM NO.: 23 (Cont.) FILE NO.: Z-8118 5 City Recognized Neighborhood Action Plan: The property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. Landscape: 1. Compliance with the City’s landscape and buffer ordinance is required. 2. The Highway 10 Design Overlay District requires a forty (40) foot landscape strip along Highway 10. 3. The Highway 10 Design Overlay District requires twenty-five (25) foot average landscape strip around the remaining property perimeters. 4. Berming is encouraged in this area. 5. Interior islands need to be evenly distributed; an additional island is needed in the southern parking lot. G. SUBDIVISION COMMITTEE COMMENT: (October 5, 2006) The applicant 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 proposed uses of the development. Staff also stated the proposed site plan did not meet the minimum building setback nor the minimum landscape strip along the western or northern perimeters. Staff requested the site plan include the total building square footage in the general notes section of the site plan along with a note indicating the total building height. Public Works comments were addressed. Staff stated a 20-foot radial dedication of right-of-way would be required at the intersection of North Ridge Road and Highway 10. Staff also stated the detention ordinance would apply to any development of the site. Landscaping comments were addressed. Staff stated a 25-foot average buffer was required along the western and northern perimeters of the site. Staff also stated the Highway 10 Design Overlay District encouraged the use of berming to screen parking areas. 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: The applicant submitted a revised site plan to staff addressing most of the issues raised at the October 5, 2006, Subdivision Committee meeting. The applicant has provided the total square footage of the proposed building along with a note October 26, 2006 SUBDIVISION ITEM NO.: 23 (Cont.) FILE NO.: Z-8118 6 concerning the total building height. The revised site plan also includes an increased landscape strip along the western perimeter. The revised site plan indicates the placement of detention storage and radial dedications per staff request. The applicant is proposing the development of this site with a two story commercial building containing 21,000 square feet with an approximate ratio of 80 percent retail/commercial and 20 percent office uses. The request includes C-1 uses as allowable uses. A total of 15 percent of the site is proposed covered by the building. The maximum building height proposed is 35-feet. The hours of operation are proposed as 6:00 am to 11:00 pm seven days per week. The property is an existing parcel consisting of 1.85 acres and currently zoned R-2 and PCD. The Highway 10 Design Overlay District typically requires a minimum lot size of two acres. Due to the size of the parcel, less than two acres, a Planned Development zoning classification is required. The site plan indicates a building footprint of approximately 12,000 square feet and parking for 88 cars with a single driveway connecting to North Ridge Road. Based on the minimum parking requirements for a commercial development 80 parking spaces would typically be required. A dumpster has been located along the northern perimeter of the site. The site plan indicates the dumpster will be screened per minimum ordinance requirements. The dumpster hours are limited to daylight hours. Building signage is proposed as typically allowed per the Highway 10 Design Overlay District or a maximum of ten percent of the façade area. A single ground mounted monument style sign is proposed near the street intersection of Cantrell Road and North Ridge Road 10-feet in height and a maximum sign area of 100 square feet. The proposed signage is consistent with signage allowed per the Highway 10 Design Overlay District. The site plan indicates landscaping strips per the minimum requirements of the Highway 10 Design Overlay District. The District typically requires a minimum landscape strip along Highway 10 of 40-feet and along adjoining roadways of seven feet where abutting lands zoned commercially. The side and rear yard areas should average a minimum of 25-feet from the property line. The site plan indicates a total of 32 percent of the area dedicated to landscaping. The Highway 10 Design Overlay typically requires a minimum front building setback of 100-feet, a side yard building setback of 30-feet and a rear yard building setbacks of 40-feet. The indicated site plan does not meet this minimum requirement along the western perimeter. Staff feels the depth of the building should be reduced to allow this typical minimum building setback. The applicant has not addressed staff’s concerns with regard to the entrance drive. In accordance with Section 31-210 (h)(12), access driveways running parallel to the street shall not create a four-way intersection within 75 feet of the future curb line of the street. According to the applicant, to revise the site plan to eliminate this intersection would result in changing the site plan to accommodate this request. Although North Ridge Road is not a heavily traveled road today, the October 26, 2006 SUBDIVISION ITEM NO.: 23 (Cont.) FILE NO.: Z-8118 7 area to the north is shown on the Future Land Use Plan as Office. Staff feels the intersection should be addressed and the site plan redesigned to eliminate any potential traffic conflicts by stacking of automobiles onto the roadway. Although staff is supportive of allowing the site to redevelop as a commercial and office development, staff is not supportive of the site plan as proposed. Staff feels the site plan should be redesigned to more fully comply with the minimum ordinance standards for the driveway entrance and the Highway 10 Design Overlay District. I. STAFF RECOMMENDATIONS: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (OCTOBER 26, 2006) The applicant was present representing the request. There were registered objectors present. Staff presented the item indicating the applicant has submitted a revised site plan fully complying with the Highway 10 Design Overlay District and addressing staff’s concerns with the proposed entrance drive. Staff stated they were now supportive of the proposed request. Mr. Ross Phillips addressed the Commission on behalf of the applicant. He stated the development was located within an existing Business Node and was currently zoned PCD. He stated the developer intended to construct a new office and commercial development on the site utilizing C-1 uses as allowable uses for the site. Ms. Alicia Finch addressed the Commission in opposition of the request. She stated she was representing a majority of the residents of Maywood Manor and the West Little Rock Collation of Neighborhoods. She stated the site was located within an island and not the City of Little Rock. She stated the West Pulaski Fire Department had not be informed of the proposed development nor provided comments for the proposed development. She stated traffic was a concern of the neighborhood. She stated presently it was difficult to exit the neighborhood and residents were forced to wait several minutes before pulling onto Highway 10. She stated the neighborhood was concerned with commercialization of the Highway 10 Corridor which was generating additional traffic on the roadway. She stated currently there were a number of vacant commercial buildings located along Cantrell Road. She stated she did not feel the City should add additional commercial activity until the existing spaces were filled. She stated the site was not located at a major intersection which was the intent of a Commercial Node. She stated the site was identified as an existing Business Node and not a Commercial Node. She stated the Existing Business Node was to recognize existing businesses and not necessarily expand the uses to allow additional businesses. She stated the hours of operation from 6:00 am to 11:00 pm seven days per week were intense. She questioned what business needed to be open until 11:00 pm. She October 26, 2006 SUBDIVISION ITEM NO.: 23 (Cont.) FILE NO.: Z-8118 8 requested the Commission allow the existing lease space to be filled before changing the landscape of Highway 10. Ms. Janus Argo addressed the Commission in opposition of the request. She stated a previous speaker had misspoke and indicted Highway 10 as I-10. She stated the misstatement was not far from the truth. She stated traffic speeds in the area were excessive. She stated there had been a number of traffic accidents many resulting the death. She stated the area did not need additional commercial development since there were a number of unfilled commercial buildings in the area. Mr. Ross Phillips stated the developer would contact the area fire department and pay the fees for service. He stated there were a number of sites vacant for office uses and presently the demand for office on Highway 10 was not there. He stated the traffic in the area was going to increase even if this site was not developed as a commercial development. He stated the developer intended to develop a center with neighborhood commercial activities and not a destination shopping center. He stated growth cannot be limited based on traffic. There was a general discussion by the Commission concerning the proposed uses of the site. Commissioner Yates stated there were a number of uses listed in C-1 which were not neighborhood compatible. He stated the proposed uses were too broad. Mr. Desiderio Juarez the developer indicated he was willing to strike a number of the proposed uses. He stated the development was intended to serve the needs of the area residents. He stated his desire was to help the community and offer services needed by the community. The Commission questioned if a deferral was in order to allow Mr. Juarez to limit the proposed uses of the site. Several Commissioners indicated this would not change their vote even if the uses were limited. A motion was made to approve the request. The motion failed by a vote of 5 ayes, 4 noes and 2 absent. October 26, 2006 ITEM NO.: 24 FILE NO.: LA-0015 NAME: Whisenhunt Investments Land Alteration Variance Request LOCATION: Northwest corner of Chenal Parkway and Kanis Road APPLICANT: Whisenhunt Investments APPLICANT’S REPRESENTATIVE: Development Consultants, Inc. AREA: 4.06 acres CURRENT ZONING: C3 VARIANCES/WAIVERS REQUESTED: A variance from the Land Alteration Regulations to advance clear and grade with construction not being imminent. A. PROPOSAL/REQUEST: Applicant is requesting a variance from the Land Alteration Regulations to advance clear and grade the property with construction not being imminent. The approximately 4.06 acre property is located on the northwest corner of Chenal Parkway and western leg of Kanis Road. The applicant desires to clear and fill the property with excess dirt from the Fellowship Church site and other undeveloped parcels north of the future extension of Wellington Hills Road. B. EXISTING CONDITIONS: This approximately 4.06 acre tree covered C3 zoned property is tract land located on the northwest corner of Chenal Parkway and the western leg of Kanis Road. Developed C3 zoned property is located on the west. The Entergy power substation is located on the northwest. On the north, the property is bordered by a transmission right-of-way and beyond that right-of-way is tree covered undeveloped property zoned C3. The property is bordered to the west by Chenal Parkway and beyond Chenal is tree covered, undeveloped property zoned C3. Kanis Road is located south of the property and beyond Kanis is tree covered undeveloped property. Just south of the tree covered undeveloped property is additional property that will be filled by dirt from the Fellowship Church site off Kirk Road. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any phone calls or letters asking questions or requesting additional information. October 26, 2006 SUBDIVISION ITEM NO.: 24 (Cont.) FILE NO.: LA-0015 2 D. ENGINEERING COMMENTS: 1. If disturbed area is 1 or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 2. Hauling of fill material on or off site over municipal streets and roads requires approval prior to a grading permit being issued. Contact Public Works Traffic Engineering at 621 S. Broadway, (501) 379-1817 (Derrick Bergfield) for more information. 3. Tracking of mud and dirt onto City streets is not permissable on city streets. A tracking pad must be installed at least 250 ft from the Kanis-Chenal intersection. 4. Erosion controls must be installed to reduce discharge of polluted stormwater. 5. Per Little Rock Code Sec. 29-190(14), a perimeter buffer strip shall be temporarily maintained around disturbed areas for erosion control purposes and shall be kept undisturbed except for reasonable access for maintenance. The width of the strip shall be 6% of the lot width and depth. The minimum width shall be twenty-five (25) feet and the maximum shall be forty (40) feet. 6. Vegetation must be established on disturbed area within 21 days of completion of harvest activities. E. SUBDIVISION COMMITTEE COMMENTS: (October 5, 2006) The applicant was present. Staff stated the comments as written above. The applicant’s representatives, Doug Robertson of Whisenhunt Investments, stated the clearing and grading will comply with Little Rock code, staff recommendations, and comments. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. F. ANALYSIS: The request is to clear the trees and fill the 4.06 acre property located on the northwest corner of Chenal Parkway and the western leg of Kanis Road with the dirt from the Fellowship Church site and the undeveloped parcels north of the future expansion of Wellington Hills Road. No construction is proposed to proceed after the filling and grading activities are completed. The Land Alteration Regulations (Sec. 29-186(b)) specifically state no land alteration shall be permitted until all necessary city approvals of all plans and permits, except building permit, have been issued and construction is imminent. Imminent construction as defined by code means the installation of a foundation or erection of a structure without unreasonable delay following land alteration October 26, 2006 SUBDIVISION ITEM NO.: 24 (Cont.) FILE NO.: LA-0015 3 activities. With this application, the applicant desires to clear and fill the site but has no plans for construction to proceed after the grading is completed. Per code, a grading permit cannot be issued by staff for the clearing and filling without construction being imminent. The code does provide the Planning Commission with the authority to grant a variance for issuance of a grading permit to clear and grade a multi-lot or multi-phase development where construction is not imminent on all phases of the development. G. STAFF RECOMMENDATION: Even though the applicant has agreed to comply with the Public Works comments, staff does not support the clearing of additional trees without imminent construction. The additional clearing and filling does not follow the purpose of the Land Alteration Regulations (Sec. 29-168). The code states the purposes are to prevent the excessive grading, clearing, and filling activities and preserve the natural vegetation which enhances the quality of life of the community. Prior to adoption of the Land Alteration Regulations, the applicant cleared and graded about 11 acres south of Chenal Parkway near the Krogers store that has yet to be developed. Recently, staff supported filling approximately 21 acres south of Chenal Parkway and about 47 acres north or Chenal Parkway as part of the Fellowship Church application because they were nearly treeless. In that same application, staff did not support clearing and filling of the area adjacent to the southwest corner of Chenal Parkway and the western leg of Kanis Road because of the existing trees. The applicant’s site plan is incorrect showing the area adjacent to Kanis Road to be cleared and filled. Being the subject property has trees, staff believes it should not be cleared and filled until construction is imminent. The excess dirt can be taken to the previous approved fill areas. PLANNING COMMISSION ACTION: (OCTOBER 26, 2006) The applicant was present representing the request. There were no registered objectors present. Staff presented the item indicating applicant had submitted a request dated October 24, 2006, requesting this item be deferred to the December 7, 2006, 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. A motion was made to waive the Commission’s By-laws with regard to the late deferral request. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. The chair entertained a motion for placement of the item on the Consent Agenda for Deferral. The motion carried by a vote of 10 ayes, 0 noes and 1 absent.