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pc_12 02 2004sub LITTLE ROCK PLANNING COMMISSION SUBDIVISION HEARING SUMMARY AND MINUTE RECORD DECEMBER 2, 2004 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present being nine (9) in number. II. Members Present: Pam Adcock Gary Langlais Robert Stebbins Norm Floyd Mizan Rahman Bill Rector Jerry Meyer Fred Allen, Jr. Chauncey Taylor Members Absent: Bob Lowry Darrin Williams City Attorney: Cindy Dawson III. Approval of the Minutes of the October 7, 2004 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION SUBDIVISION HEARING AGENDA DECEMBER 2, 2004 4:00 P.M. I. Roll Call and Finding of a Quorum II. Approval of Minutes of the October 7, 2004 Meeting III. Presentation of the Consent Agenda IV. Presentation of Hearing Items V. Citizen Communication FOR YOUR INFORMATION: Next Month's Meeting Dates: Filing Date: December 6, 2004 Subdivision Committee Meeting: December 23, 2004 Planning Commission Meeting: January 20, 2005 LITTLE ROCK PLANNING COMMISSION SUBDIVISION AGENDA DECEMBER 2, 2004 I. DEFERRED ITEMS: A. Hickory Grove Revised Long-form PD-R (Z-4562-D), located on the West side of Hinson Road, just South of Pebble Beach Drive. B. LU04-01-05 A Land Use Plan Amendment in the River Mountain Planning District from Transition to Commercial. B.1 Basham Cantrell Long-form PCD (Z-7700), located South of Cantrell Road, West of Taylor Loop Road. C. Whispering Hills Preliminary Plat (S-1454), located South of Alexander Road, West of Pam Drive South. D. Hampton Site Plan Review (S-1457), located on the Southeast corner of Dixon Road and HWY 65/167. E. Yelenich Revised Long-form PCD (Z-4644-C), located at 2000 and 2010 South University Avenue. F. LU04-01-06 A Land Use Plan Amendment in the Chenal Planning District at the Southwest Corner of Cantrell Road and Bella Rosa Road from Transition to Commercial. F.1. Bella Rosa Revised Long-form POD (Z-6219-B), located on the Southwest corner of Cantrell Road and Bella Rosa Road. II. PRELIMINARY PLATS: 1. Northwest Territory Phase II Addition Preliminary Plat (S-200-K), located North of Cantrell Road, East of Chenal Parkway. 2. The Pines Subdivision Preliminary Plat (S-643-C), located on Castle Valley Road, West of Chicot Road. 3. Chenal Valley Tract 1 Preliminary Plat Lots A – G (S-867-OOOOO), located on the Northeast corner of Rahling Road and Chenal Parkway. 4. Davis Addition Preliminary Plat (S-1463), located at 16123 Whippoorwill Lane. Agenda, Page Two III. LAND USE PLAN AMENDMENTS - PLANNED DEVELOPMENTS: 5. Little Rock Auto Group Revised Short-form PCD (Z-5803-A), located at 12601 West Markham Street. 6. Capitol Lakes Estates Governors Manor Long-form PD-R (Z-6120-J), located North of Capitol Hills Boulevard at Rushmore Avenue. 7. LU04-17-02 - A Land Use Plan Amendment in the Crystal Valley Planning District at 17415 Lawson Road from Neighborhood Commercial to Commercial. 7.1 Loux Short-form PCD (Z-6683-A), located at 17415 Lawson Road. 8 Creekwood Plaza Revised Long-form PCD (Z-7025-B), located on the Northeast corner of Kanis Road and Bowman Road. 9. Grandpa’s Catfish Revised Short-form PCD (Z-7346-A), located at 9219 Stagecoach Road. 10 LU04-01-07 - A Land Use Plan Amendment in the River Mountain Planning District on the North side of Cantrell Road West of Pinnacle Road from Transition and Suburban Office to Mixed Use. 10.1 PDC Company Short-form POD (Z-7603-A), located North of Cantrell Road, West of Taylor Loop Road. 11. LU04-29-01- A Land Use Plan Amendment in the Barrett Planning District at Cantrell Road and Goodson Road from Neighborhood Commercial to Commercial. 11.1 Presley Long-form PCD (Z-7737), located at 25914 Highway 10. 12. Albright Short-form PD-C (Z-7738), located at 19125 Kanis Road. 13. Markham Bank Short-form PD-O (Z-7739), located on the North side of West Markham Street between Jackson and Monroe Streets. IV. OTHER ITEMS: 14. Expansion of Midtown Redevelopment District #1, located East of University Avenue, Lee Avenue to Evergreen Street. 15. Rees Development NOV #0226 - Appeal of a Notice of Violation from the Land Alteration Ordinance, located at 14602 Cantrell Road. 16. Adoption of the 2005 Planning Commission Calendar December 2, 2004 ITEM NO.: A FILE NO.: Z-4562-D NAME: Hickory Grove Revised Long-form PD-R LOCATION: On the West side of Hinson Road, just South of Pebble Beach Drive DEVELOPER: Markus – Evans Construction, LLC 1801 Champlin Drive Little Rock, AR 72223 ENGINEER: The Mehlburger Firm 201 South Izard Street P.O. Box 3837 Little Rock, AR 72203 AREA: 40 Acres NUMBER OF LOTS: 85 FT. NEW STREET: 0 CURRENT ZONING: PD-R ALLOWED USES: Single-family Residential PROPOSED ZONING: Revised PD-R PROPOSED USE: Single-family Residential VARIANCES/WAIVERS REQUESTED: Plat Variances - 1. A variance to allow a reduced front building line along the interior streets. 2. A variance to allow a reduced side yard setback for all proposed lots. 3. A variance to allow a reduced rear yard setback for all proposed lots. 4. A variance to allow the development of the subdivision with private streets. BACKGROUND: The property is the remaining 40+ acres of a 120-acre parcel or the eastern 1/3 of the property owned by the First Baptist Church. The site was originally proposed as a multipurpose facility with residential, school and church facility. The western 80 acres have since developed as a single-family neighborhood. December 2, 2004 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-4562-D 2 This property was zoned MF-6, Multi-family District (six (6) units per gross acre allowed) in mid-1981. A “Declaration of Covenants” was filed and recorded in 1981, which runs with the property. The private covenants regulate the property’s use and portion of the property’s development. The private covenants state that the property will be developed for condominium units developed pursuant to the Horizontal Property Act being Act 60 of 1961 (units for sale only, no rental units). The covenants designate certain areas of the property as OS (Open Space) and require a six (6) foot high privacy fence be constructed at one location prior to any construction. The covenants also state that structures built in one area of the property not exceed one and one-half stories in height; both located on the northern boundary of the site. A preliminary plat and a multiple building site plan review were filed on the site in May 1997, to allow the construction of 234 apartment units in 10 three-story buildings. Prior to the Public Hearing; the applicant requested the application be withdrawn from consideration. A proposal was filed in March 2000, to develop a portion of the site (18.47 acres) with 22 buildings of owner occupied condominium housing. The application was later withdrawn from consideration without prejudice prior to the Public Hearing. Ordinance No. 18,884 adopted by the Little Rock Board of Directors on June 3, 2003, rezoned this 39-acre site from MF-6 to a Planned Residential Development with 83 units. The Little Rock Planning Commission reviewed the request and provided a recommendation of approval at their March 20, 2003 Public Hearing. The applicant proposed to develop the site in three (3) phases with zero-lot line townhouses, each of which would have its own lot of record. A common wall would be shared by each structure, which would be dissected by the common property line. This would allow some measure of property on each end of the structure for maintenance of the building. The structures would have enclosed garages facing a private street with a private courtyard on the rear of each townhouse unit. The applicant proposed the construction of a bridge across the creek that separates this property from Hinson Road. The bridge would be constructed in the first phase. The applicant proposed a public roadway to connect with Hinson Road and Dorado Beach Drive. The road would be constructed when one of the abutting lots was final platted. There were two other streets proposed as a part of the development, which the applicant intended to maintain as private streets. There were three areas designated by covenants in the deed that were not to be encroached upon by building construction. The applicant indicated the areas of non- encroachment on the proposed development plan and indicated the covenants to be in force. December 2, 2004 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-4562-D 3 At the May 6, 2003 Public Hearing of the Little Rock Board of Directors, Director Michael Keck requested the item be returned to the Planning Commission to reconsider the need for the connection of Dorado Beach Drive between Rahling Road and Hinson Road. There had been many conversations between the neighborhood, the developer and the Board concerning the connection of the street. In these conversations, the neighborhood did not want the street connection and the developer indicated he did not desire to build the street. Director Keck was not convinced the Commission considered all the issues related to the street and if the development should be developed without the through connection. Director Keck stated he was not stating the street should not be built, only that the Commission reconsider the need for the street connection when making their decision concerning the approval of the project. Mr. Jim Lawson, Director of Planning, gave a presentation to the Board of Directors concerning traffic in the area. The Commission was not given this presentation. The presentation contained background material concerning when the street was proposed as a collector street to the City’s Master Street Plan, the development pattern in the area and traffic counts on Pebble Beach Drive. Director Keck indicated he did not feel the Commission had all the relevant information and therefore did not consider the street connection issue or if the subdivision should be developed without the connection. On May 29, 2003 the Little Rock Planning Commission took a second look and the proposed street design and the need for the proposed Collector street extending from Dorado Beach Drive and ending at Hinson Road. The Commission first considered the connection in 1995 when Pebble Beach Estates was preliminary platted. At the time two (2) streets were proposed to extend eastward into undeveloped areas; one of which was Pebble Beach Woods, the other area is the site being considered by the requested application. At the time the applicant proposed to subdivide 39.87 acres into 116 single-family lots. There were two (2) connections proposed one (1) Beckenham Road and the other Dorado Beach Drive. Beckenham Road has been shown on the Master Street Plan as a collector street since 1988. Staff and the Commission at the time of the proposal for Pebble Beach Estates requested Dorado Beach Drive be constructed to Collector Standards. [Per the Master Street Plan the Commission has the authority to request additional streets at the time of subdivision. “The exact location and additional need for Collectors will be determined by the Little Rock Planning Commission upon advise of Staff.”] When the Commission reviewed the Woods at Hinson, now known as Pebble Beach Woods in June of 1997, the Commission once again requested Dorado Beach Drive be constructed to Collector Standards. This request extended the street to the west property line of the current proposed development. The Master Street Plan was never officially amended to include this connection but the minute record indicated the Commission’s desire for Dorado Beach Drive to extend from Hinson Road to the west. December 2, 2004 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-4562-D 4 Staff informed the Commission there was one east/west connection in the area, Pebble Beach Drive. The traffic counts on Pebble Beach Drive indicate approximately 1,500 automobiles per day of through traffic. The Commission was informed the service volume of a collector street was 5,000 cars per day. Other average daily traffic counts in the area indicated Pebble Beach Drive carried approximately 550 automobiles northbound and 575 automobiles southbound on Montvale Drive. On Valley Park Drive the average daily traffic counts indicated 775 northbound automobiles and 1,080 southbound automobiles. The final area analyzed was Pebble Beach Drive just east of Valley Park Drive. Estimates indicated there were approximately 2,950 automobiles per day eastbound in this area and 2,790 automobiles per day westbound. In 2003 Pebble Beach Estates and Pebble Beach Woods were 85 percent “built-out”. Of the homes constructed there were a number of the homes vacant. In addition there were 50 plus lots, which had been approved with a preliminary plat but have not yet began construction in the Chenal Ridge Subdivision. The proposal involved the completion of the connection of Dorado Beach Drive to Hinson Road. The applicant stated he was willing to make the connection and move forward with the project. Staff felt the connection desirable and felt the connection should be completed. With construction of Dorado Beach Drive extending from Hinson Road to the west and connecting to the current terminus, the traffic pressure on Pebble Beach Drive would be relieved. Although Beckenham Road had been identified on the Master Street Plan as a collector street staff did not feel Beckenham Road would be constructed in the near future. Staff felt once the connection was made it would aid in relief of traffic pressure on Pebble Beach Drive and Dorado Beach Drive should traffic volume become an issue. The Planning Commission reaffirmed their recommendation for the proposed collector street to remain on the Master Street Plan by a vote of 9 ayes, 0 noes and 2 absent. The item was then considered by the Board of Directors and approved with the proposed collector street as was reviewed and approved by the Commission at their March 20, 2003 Public Hearing. Ordinance No. 18,883, also adopted June 3, 2003, allowed the requested variances for lots without public street frontage, an increased lot depth to width ratio and a variance to allow double frontage lots. The lots were sized to accommodate the building plans as required in the Subdivision Ordinance for zero-lot line developments. On October 16, 2003 the applicant proposed to amend the PD-R to allow the creation of 65 detached single-family lots on this 38.62 acre site. The developer indicated the retention of the green spaces as was previously proposed in the areas to the north and south of the site. The applicant also indicated Dorado Beach Drive would be extended as was previously approved (as one of the lots abutting the roadway is final platted). December 2, 2004 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-4562-D 5 The applicant requested variances from the Subdivision Ordinance to allow an increased depth to width ratio, a reduced front lot width, a reduced platted building line and reduced side and rear yard setbacks for specific lots within the development. The developer indicated the internal streets would be maintained as private streets and be gated. The applicant also indicated the development would be constructed in three phases. A. PROPOSAL/REQUEST: The applicant is now requesting a revision to a previously approved PD-R to remove the connection between Dorado Beach Drive and Hinson Road therefore, allowing for a more efficient subdivision layout. It is the position of the applicant that this connection is unnecessary and will not provide any traffic relief for Pebble Beach Drive. It is also the position of the applicant that the amount of traffic on Pebble Beach is such that the level of service is still well within acceptable limits. The revised plat allows for the extension of the cul-de-sacs to the north and a total lot count of 85 units. The applicant is willing to construct a cul-de-sac at the end of Dorado Beach and allow for emergency back entrance to the subdivision should the bridge on Hinson Road be impassable. A turnaround will be constructed on the west side of the bridge and a single gated access will be constructed. The streets will remain private but constructed to city standard. All deed-restricted areas will remain in tact. The applicant is requesting similar variances as were previously approved. The applicant is requesting variances to allow the development of the subdivision with private streets, a variance to allow an increased lot depth to width ratio, a variance to allow a reduced front building line and a variance to allow reduced side and rear yard setbacks. B. EXISTING CONDITIONS: The site is currently undeveloped and heavily wooded. Construction has begun on the bridge crossing extending from Hinson Road into the proposed subdivision. The Windsor Court Condominium development and single-family residences are located to the south, with single-family residences to the north. There is undeveloped R-2, Single-family property to the west, with single-family residences further west. Single-family residences and undeveloped R-2 property are also located across Hinson Road to the east. December 2, 2004 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-4562-D 6 C. NEIGHBORHOOD COMMENTS: As of this writing, Staff has received several informational phone calls from area residents indicating both support and opposition to the proposed request. The Pleasant Valley Property Owners Association, the Hillsborough Property Owners Association, the Chenal Ridge Property Owners Association, 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. This is the third revision to this plat. All previous comments apply, except as may be modified under this plat. 2. Dorado Beach is shown on the Master Street Plan as a collector and should be construct as planned. 3. The plat as submitted shows some fairly major drainage-way relocations. Additional hillside drainage easements should be provided. Relocation of existing drainage ways should be minimized. 4. In accordance with Section 31-207, private streets shall be constructed to the same standards as public streets. Loria and LaScalia do not meet the criteria for minor residential street and should be constructed to a 26-foot width with sidewalks on one side. Remove the island from Bella View or demonstrate that a single unit truck can make the turn. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required with easements if service is required for the project. No construction within Tract “A” without approval of the plans by Little Rock Wastewater Utility. An existing sewer main outfall is located within Tract “A”. Contact Little Rock Wastewater Utility at 688-1414 for additional information. Entergy: Approved as submitted. Center-Point Energy: No comment received. SBC: 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. A water main extension will be required in order to provide December 2, 2004 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-4562-D 7 service to this property. Modification of the plans for water facilities now under contract will be required with this change. 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 992-2438 for additional information. Fire Department: Maintain a 20-foot gate opening. Place fire hydrants per code. Contact the Little Rock Fire Department at 918-3700 for additional information. County Planning: No comment received. CATA: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Chenal Planning District. The Land Use Plan shows Low Density Residential for this property. The applicant has applied for a PRD for a single-family residential development The request does not require a change to the Land Use Plan. Master Street Plan: A Proposed Extension of a Collector street (Dorado Beach) is shown on this site that crosses the site in an east – west direction. A Master Street Plan Amendment for the removal of that Collector Street is a separate item on this agenda (Item No. 13 – File No. MSP04-04). Hinson Road is shown as a Minor Arterial on the Master Street Plan Dorado Beach Road is shown as a Collector. These streets previously named may require dedication of right-of-way and improvements. City Recognized Neighborhood Action Plan: The applicant’s property lies in the area covered by the River Mountain Neighborhood Action Plan. The Residential Development Goal listed an objective of “Develop Neo-traditional neighborhoods (pedestrian and bicycle friendly neighborhoods, which are less dependant on automobiles) in areas that have not yet developed. It also listed action statements of 1) “Enforce the construction of sidewalks with all types of development”, 2) “Insure that physical continuity of sidewalks so that sidewalks built on the same side of the street connect without gaps and that sidewalks built on opposite sides of the street are connected with ADA accessible crosswalks”, 3) “Require developers to install underground utilities in all new subdivisions, and 4) “Require street lighting to be in place in new subdivisions at the time streets are opened. Landscape: No comment. December 2, 2004 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-4562-D 8 G. SUBDIVISION COMMITTEE COMMENT: (June 24, 2004) Mr. Frank Riggins was present representing the request. Staff stated the request involved two issues, one to remove a proposed collector street from the Master Street Plan and two, if this issue were successful the revision of the previously approved preliminary plat. Commissioner Rector questioned if this issue was discussed as a part of the original planned development. Staff stated in their opinion the issue had been discussed. Mr. Riggins stated a traffic study was currently underway that would prove the street was not warranted in this location and the removal of the proposed collector street would not have a negative impact on the area. Staff requested the applicant provide additional information on the proposed preliminary plat. Staff requested the applicant provide the linear feet of internal street along with the source of water and the means of wastewater disposal in the general notes section of the proposed preliminary plat. Public Works comments were addressed. Staff stated there were concerns with the indicated drainage-way relocations. Staff stated relocation of existing drainage ways should be minimized and requested additional hillside drainage easements to be indicated on the proposed plat. Staff also stated streets, public or private, were to be constructed to Master Street Plan standard. Staff noted the comments from the various other reporting departments and agencies and suggested Mr. Riggins contact them individually for additional information. 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 plan to staff addressing most of the issues raised at the June 24, 2004 Subdivision Committee meeting. The applicant has indicated the linear feet of internal street, the source of water and the means of wastewater disposal. The applicant has also indicated drainage easement and additional easement as requested by staff. The proposed request is to subdivide this 40 acre site into 85 single-family lots. The proposed subdivision will be developed in two phases. The average lot size for Phase I is 75 feet by 150 feet and the average lot size for Phase II is 70 feet by 135 feet. The applicant has indicated Lots 74 – 85 will be developed in Phase I and Lots 1 – 73 will be developed in Phase II. The proposed development will add 3,818 linear feet of new private street along with sidewalks where required per the Master Street Plan. December 2, 2004 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-4562-D 9 The proposed subdivision will require variances from the Subdivision Ordinance to allow the development of lots with reduced front, side and rear yard setbacks. The applicant has indicated a five foot typical side yard setback. The applicant has indicated a ten foot rear yard setback and a five foot front building line. Staff is not supportive of the proposed request due to staff’s non-support of the applicant’s request to remove a proposed collector street from the Master Street Plan (Item #13 – File No. MSP 04-04). As indicated staff feels the proposed collector street indicated on the Master Street Plan is critical to future development of the area as did the Commission in 1995, 1997 and 2003. Without the removal of the proposed collector street from the Master Street Plan, the indicated design will not work. I. STAFF RECOMMENDATION: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (JULY 15, 2004) Mr. Randy Fraizer was present representing the applicant. There were registered objectors present. Mr. Fraizer stated his client had received a traffic study which was given to staff at the agenda meeting. He requested the item be deferred to the August 26, 2004 Public Hearing to allow staff time to review the provided information. A motion was made to waive the 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 to defer the item to the August 26, 2004 Public Hearing. The motion carried by a vote of 11 ayes, 0 noes and 0 absent. PLANNING COMMISSION ACTION: (AUGUST 26, 2004) The applicant was present representing the request. There were registered objectors present. The applicant requested the item be deferred to the December 2, 2004, Public Hearing to allow time for an appeal to the Little Rock Board of Directors of the denial vote received on the previous item (Item J – File No. MSP 04-04). There was no further discussion of the item. The chair entertained a motion to approve the deferral request. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. December 2, 2004 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-4562-D 10 STAFF UPDATE: This item was deferred for two cycles at the August 26, 2004 Public Hearing to allow the applicant time to determine if a related item, a Master Street Plan issue, would be appealed to the Board of Directors. The applicant later determined an appeal would not be sought on the Commission recommendation of denial of the proposed removal of the proposed connection of Dorado Beach Drive. The applicant submitted a letter dated September 7, 2004 requesting this item be withdrawn from consideration without prejudice. Staff is supportive of this request. PLANNING COMMISSION ACTION: (DECEMBER 2, 2004) The applicant was not present. There were no registered objectors present. Staff stated the applicant had submitted a letter dated September 7, 2004 requesting the item be withdrawn without prejudice. Staff stated they were supportive of the request. There was no further discussion of the item. A motion was made to place the item on the Consent Agenda for Withdrawal. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. December 2, 2004 ITEM NO.: B FILE NO.: LU04-01-05 Name: Land Use Plan Amendment - River Mountain Planning District Location: South side of Cantrell Road west of Taylor Loop Road Request: Transition to Commercial Source: Charles Basham PROPOSAL / REQUEST: Land Use Plan amendment in the River Mountain Planning District from Transition to Commercial. The Commercial category includes a broad range of retail and wholesale sales of products, personal and professional services, and general business activities. Commercial activities vary in type and scale, depending on the trade area that they serve. The applicant desires to develop the property with commercial uses at the front of the property fronting Cantrell Road and office uses on the rear half of the property. Staff is not expanding the application since the Land Use Plan in this area was reviewed within 12 months. EXISTING LAND USE AND ZONING: The property is vacant currently zoned R-2, Single Family, and is 6.7 acres ± in size. Bordering this property on the north and running northwest is Highway 10/Cantrell Road. The land directly north of Cantrell Road is zoned R2 with two homes and several outbuildings. Northwest of the property are several homes on large lots zoned POD, Planned Office Development and PDO, Planned Development Office, which have uses of residential, offices and a bank. Further to the northeast is a Walgreen’s store zoned PDC and a development zoned C3, General Commercial District, anchored by a hardware store and other small businesses. Directly to the east of the site is a PCD with a large antique and home furnishings store. Further east are POD, Planned Office Development, PDO, Planned Development Office, and even farther east are areas zoned as R2 and PCD. These uses include banks, a church, offices, a hair salon, an animal clinic and single-family homes. South and east of the property is a R2 zone developed with single-family homes. A little further south and east is vacant land zoned PR for parks and recreational use. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: On April 6, 2004, a change was made from Transition to Commercial about a quarter mile northeast of the applicants property to accommodate proposed development. December 2, 2004 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: LU04-01-05 2 On August 19, 2003 a change was made from Transition to Commercial to about a half mile to the northwest of the property to accommodate a proposed development. On February 18, 2003 multiple changes were made within a 1 mile radius of the project site recognize existing conditions. These include Transition to Suburban Office north of the site, Transition to Single Family about quarter mile west of the site, Transition to Commercial about a half mile east of the site and on the opposite side of Cantrell Road, and Transition to Single family about one mile due east of the site. MASTER STREET PLAN: Cantrell Road is shown as a Principal Arterial on the plan. Cantrell Road is built as a five-lane road through that area. East of the property is Taylor Loop Road and further east is Pinnacle Valley, both Minor Arterials, which are built below standard. The primary function of the Principal Arterial, Cantrell Road, is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. A Minor Arterial provides connections to and though an urban area and their primary function are to provide short distance travel within the urbanized area not to provide access. PARKS: There are no parks immediately adjacent or accessible to this property. To the south and east of the property is Taylor Loop Community Park. Taylor Loop is an undeveloped park consisting of 35.0 acres and is separated from the property by a street lined with single-family homes. Running through the park is a creek. This area is not in a “Service Deficit Area”. HISTORIC DISTRICTS: There are no city recognized historic districts that would be affected by this amendment. CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN: The area under review is located near the western edge of the River Mountain Neighborhood plan. The Sustainable Natural Environment goal listed one objective relative to this case: “to promote vigorous enforcement of Landscaping and Excavation Ordinance.” The Infrastructure goal also listed an objective relevant to this case: “ensuring that roads are supportive of all transportation modes.” December 2, 2004 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: LU04-01-05 3 To address the Sustainable Natural Environmental Goal for the neighborhood trees need to be preserved at the edge of properties in order to buffer different uses and runoff needs to be controlled. The property is located on a Principal Arterial and access points must be minimized to ensure that the guidelines for the Infrastructure goal are met. ANALYSIS: The Land Use Plan identifies this area as Transition. New development has occurred immediately northeast of Highway 10/Cantrell Road and Taylor Loop Road intersection in a C3 zoned area, as well as new development just east of Pinnacle Valley. The Future Land Use Plan shows a concentration of commercial uses located at the intersection of Taylor Loop and Cantrell Roads. Presently Highway 10/Cantrell Road has a node system in place. The existing Commercial node at Taylor Loop Road and Highway 10/Cantrell Road has 19.5 acres zoned for Commercial while the Land Use Plan recognizes 17.6 ± acres available for Commercial uses. Amending this site would increase commercial zoning about 36% in the area and increase Commercial uses on the Land Use Plan by about 34%. Nodes on Highway 10/Cantrell Road are focused at major intersections. This Commercial node is focused at the Taylor Loop Road intersection and this change would result in an expansion of the existing node. The Land Use Plan identifies this area as Transition. Single Family lies directly south of the site and Commercial directly east. Most Transition areas along Highway 10/Cantrell Road were created to recognize that the area was not going to stay residential, and would allow some densification of use while being compatible with existing homes in the area. This particular area of Transitional use area could now be recognized as a buffer between the two uses of different intensities immediately adjacent to this property, Commercial and Single Family. Located in the Commercial area is an antique and home furnishings store that backs directly to homes in a Single Family area. The back of the store is visible on Westchester Drive from Taylor Loop Road to Westchester Cove (approximately five single family homes) even with the existing ten-foot natural buffer. In ideal circumstances Commercial uses will not back directly on a Single Family area with a small natural buffer, instead the buffer will be a use of less intensity. In this case some of the buffer has been lost and minimized as a result of the existing PCD, so it is important that the remainder is preserved. Amending the land use plan would further decrease the buffer between the area’s Commercial and Single Family areas even more and would put two uses adjacent to each other with a minimal natural buffer in place. However, in the general area there is vacant land shown as Commercial on the Land Use Plan and zoned for Commercial development. It is questionable that December 2, 2004 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: LU04-01-05 4 Commercial development of this property is justifiable because property is readily available for this type of development in nearby existing commercial areas. Furthermore, commercial development of this property along Highway 10/Cantrell Road could create pressure to develop land west and north of this property with commercial uses, expanding the commercial node and decreasing buffers with Single Family areas. A study involving the Highway 10/Cantrell Road corridor will be started soon analyzing the area’s Land Use Plan and determine what types of land uses will be appropriate for this section of Little Rock. This study will take inventory of existing uses, growth patterns, and identify the need and appropriateness of specific land uses along the Highway 10 corridor. This study will provide guidance on future land use decisions in the area. NEIGHBORHOOD COMMENTS: Notices were sent to the following: Walton Heights-Candlewood Neighborhood Association, Pleasant Valley Property Owners Association, Pankey Community Improvement Association, Pleasant Forest Neighborhood Association Pleasant Forest Neighborhood Association, Westbury Neighborhood Association, Westchester/Heatherbrae Property Owners Association, Secluded Hills Property Owners Association, Piedmont Neighborhood Association, and River Valley Property Owners Association. Staff has received one comment from an area resident of neutral nature. STAFF RECOMMENDATIONS: Staff requests that this item be deferred to the October 7, 2004 agenda due to lack of information being provided by applicant. PLANNING COMMISSION ACTION: (AUGUST 26, 2004) The item was placed on the consent agenda for deferral to the October 7, 2004 Planning Commission meeting. A motion was made to approve the consent agenda and was approved with a vote of 9 ayes, 0 noes and 2 absent. STAFF UPDATE: The applicant has met with the Westchester Neighborhood Association, which has resulted in a site plan change. This does not change the application as filed. December 2, 2004 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: LU04-01-05 5 At the present time the Planning Staff is reviewing the Land Use Plan along Highway 10, which includes this site upon request of the Board of Directors. The Highway 10 Land Use Review’s intent is to address specific demand for uses in specific locations and identify appropriate locations for different uses between Pankey and the Joe T. Robinson School’s. The review has just begun and the Planning Staff is still receiving information on the current Highway 10 Land Use Plan. Any change at this time would be premature and possibly detrimental to the study effort. PLANNING COMMISSION ACTION: (OCTOBER 7, 2004) The item was placed on the consent agenda for deferral to the December 2, 2004 Planning Commission meeting. A motion was made to wavier the by-laws for a five-day notice to defer prior to the Planning Commission meeting. The motion was made and approved with a vote of 9 ayes, 0 noes, and 2 absent. A motion was made to approve the consent agenda and was approved with a vote of 9 ayes, 0 noes and 2 absent. STAFF UPDATE: The applicant has contacted Staff and amended the Land Use Plan Amendment to better reflect the current application. The applicant now requests a change from Transition to Mixed Office Commercial and Suburban Office. This applicant requests the northern half fronting Cantrell Road as Mixed Office and Commercial (MOC) and the southern half as Suburban Office. The MOC category provides for a mixture of office and commercial uses to occur. Acceptable uses are office or mixed office and commercial, and a Planned Zoning District is required if the use is mixed office and commercial. The Suburban Office category provides for low intensity development of office or office parks in close proximity to lower density residential areas and to assure compatibility a Planned Zoning District is also required. Since the initial application, staff has received 45 comments relating to the Land Use Plan Amendment. All 45 comments were negative in nature with over 80% (37 comments) in support of the existing Transition land use category and 10 comments recommending a compromise regarding the office use closest to the existing single family subdivision. Their suggestion was a 100 foot wooded buffer separating the properties from the proposed development similar to the buffer set by the construction of the current David Claiborne / Victorian Garden building over fifteen years ago. As part of the Transition land use category, proposals are to be “compatible with the quality of life in nearby residential December 2, 2004 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: LU04-01-05 6 areas.” The buffer proposed by the adjacent neighborhood is a request that can be strengthened with the existing Transition land use category due to its neighborhood compatibility clause. Staff has not received any new comments about the revised application; however, the applicant is scheduled to meet with the Westchester Neighborhood Association, which might result in additional comments. The applicant’s new request more accurately reflects the type of development that will be on the site. Suburban Office requires a Planned Zoning District (PZD) and this change would continue the requirement of a PZD for new non-residential developments, while the Mixed Office Commercial also will require a PZD for this application since it includes commercial activity. In an area shown as Transition, office uses are allowed, and some office uses allow up to 10% of commercial accessory uses that are “clearly incidental to the primary use.” In this particular case the applicant has concentrated his commercial uses on one lot creating an area of commercial that is not “clearly incidental” to the primary office uses, which has resulted in this Land Use Plan Amendment to MOC. The addition of MOC to this area could result in additional commercial activities focused offsite, not the nearby office uses, resulting in an expansion of commercial activities west on Cantrell Road. Showing this area as Mixed Office Commercial will add 4 acres ± of potential commercial activity to the area. This would be a 20% increase and could be viewed as a catalyst for future commercial expansion west of the Taylor Loop and Cantrell Road commercial node. A change to Suburban Office for the southern half of the site is not necessary because the applicant’s office activity is an allowed use in the Transition area. This amendment would remove the possibility of multifamily or single family development in this area. Staff feels that the existing Transition in this area will allow for developments to be more compatible with the surrounding low intensity developments and provides for a step down in intensity from the Taylor Loop and Cantrell Road commercial node. Since the purpose of Transition is to provide “an orderly transition between residential uses and other more intense uses,” keeping this category will allow for development compatible with the nearby uses. At this present time independent commercial use is not appropriate for this site, and the existing Transition category allows for the applicant’s office development. Staff recommends denial of the amended Land Use Plan Amendment. December 2, 2004 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: LU04-01-05 7 PLANNING COMMISSION ACTION: (DECEMBER 2, 2004) The item was placed on the consent agenda for withdrawal. A motion was made to approve the consent agenda and was approved with a vote of 9 ayes, 0 noes and 2 absent. December 2, 2004 ITEM NO.: B.1 FILE NO.: Z-7700 NAME: Basham Cantrell Long-form PCD LOCATION: Located South of Cantrell Road, West of Taylor Loop Road DEVELOPER: Basham Inc. 1123 South University Avenue, Suite 245 Little Rock, AR 72204 ENGINEER: DCI Consultants, Inc. 2200 North Rodney Parham Road Little Rock, AR 72212 AREA: 6.49 Acres NUMBER OF LOTS: 3 FT. NEW STREET: 0 CURRENT ZONING: R-2, Single-family ALLOWED USES: Single-family residential PROPOSED ZONING: PCD PROPOSED USE: Office and commercial VARIANCES/WAIVERS REQUESTED: None requested. Staff has been unable to contact the applicant concerning outstanding issues from the August 5, 2004 Subdivision Committee meeting. Staff recommends this item be deferred to the October 7, 2004 Public Hearing. A. PROPOSAL/REQUEST: The applicant proposes the development of this site as an office and retail development through a planned commercial development and the creation of a three lot plat. The site plan includes the placement of four office buildings totaling 40,000 square feet on the rear lot (Lot 3) and the placement of a 10,200 square foot retail building on proposed Lot 2. Lot 1 is proposed to be held for future development. December 2, 2004 SUBDIVISION ITEM NO.: B.1 (Cont.) FILE NO.: Z-7700 2 The proposed uses requested in the application are as follows: Lots 1 & 2 are proposed to have the following commercial uses: Antique shop, with repair, Auto parts and accessories, Bakery or confectionery shop, Bank or savings and loan office, Barber and beauty shop, Beverage shop, Book and stationery store, Butcher shop, Camera shop, Cigar, tobacco and candy store, Clinic (medical, dental or optical), Clothing store, Community welfare or health center, Custom sewing and millinery, Day nursery or day care center, Drugstore or pharmacy, Duplication shop, Eating place without drive-in service, Establishment of a religious, charitable or philanthropic organization, Feed store, Florist shop, Food store, Furniture store, Handicraft, ceramic sculpture or similar artwork, Hardware or sporting goods store, Health studio or spa, Hobby shop, Jewelry store, Job printing, lithographer, printing or blueprinting, Key shop, Laboratory, Dry Cleaners or pickup station, Lawn and garden center, enclosed, Library, art gallery, museum or similar public use, Lodge or fraternal organization, Medical appliance fittings and sales, Office (general and professional), Office equipment sales and service, Optical shop, Paint and wallpaper store, Pet shop, Photography studio, Retail uses not listed (enclosed), School (business), School (commercial, trade, or craft), Shoe repair, Studio (art, music, speech, drama, dance or other artistic endeavors), Studio broadcasting and recording, Tailor, Tool and equipment rental (inside display only), Travel bureau. Lot 3 is to be limited to the following general office uses: Bank or savings and loans office, Clinic (medical, dental or optical), Duplication shop, Establishment of religious, charitable or philanthropic organization, Laboratory, Lodge or fraternal organization, Mortuary or funeral home, Office (general or professional), Photography studio, School (business), School (public or denominational), Studio (broadcasting and recording), Studio (art, music, speech, drama, dance or other artistic endeavors), Travel bureau. The applicant is also requesting accessory uses allowed under 0-3 zoning up to ten percent of the total floor area for Lot 3. B. EXISTING CONDITIONS: The site is tree covered site. To the east of the site is a commercial business, David Claiborne’s Antiques, and to the west of the site is a single-family home. To the south of the site are single-family homes in the Westchester Subdivision. North of the site is a mixture of residential and non-residential uses. A Wal- Green’s Pharmacy is located to the northeast and a bank to the northwest. C. NEIGHBORHOOD COMMENTS: The Johnson Ranch Neighborhood Association, the Westchester/Heatherbrae Neighborhood Association, all owners of property located within 200-feet of the site and all residents located within 300-feet of the site, who could be identified, were notified of the public hearing. As of this writing staff has received several December 2, 2004 SUBDIVISION ITEM NO.: B.1 (Cont.) FILE NO.: Z-7700 3 phone calls in opposition to the request 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 55-feet from centerline will be required. No survey or proposed dedication is provided to document compliance. 2. Sidewalks with appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. All driveways shall be concrete aprons per City Ordinance. 3. Provide the direction of flow and all storm water flows (Q) entering and leaving the property and any proposed piping. 4. Storm water detention ordinance applies to this property. Shown the proposed location for storm water detention facilities on the plan. 5. Plans for all work in the 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) and AHTD, District 6. 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. 7. Prepare a letter of pending development addressing streetlights as required by Section 31-403 of the Little Rock Code of Ordinances. Contact Traffic Engineering at (501) 379-1813 (Steve Philpott) for more information. 8. Show cross-access easement for properties to the east and west. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required, with easements, if service is required for the project. Contact Little Rock Wastewater Utility at 688-1414 for additional information. Entergy: Approved as submitted. Center-Point Energy: Approved as submitted. SBC: 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. This fee will apply to all connections including metered connections off December 2, 2004 SUBDIVISION ITEM NO.: B.1 (Cont.) FILE NO.: Z-7700 4 the private fire system. A water main extension will be required in order to provide service to this property. On site fire protection will be required. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department at 918-3752 for additional information. County Planning: No comment. CATA: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Chenal Planning District. The Land Use Plan shows Transition for this property. The applicant has applied for a Planned Commercial Development for three lots with two lots of commercial uses fronting on Cantrell Road and one lot in the rear with four office buildings. A land use plan amendment for a change to Commercial is a separate item on this agenda (LU04-01-05). Master Street Plan: Cantrell Road is shown as a Principal Arterial on the Master Street Plan and may require dedication of right-of-way and 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. 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: Areas set-aside for buffers and landscaping meet with ordinance requirements. A 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. An irrigation system to water landscaped areas will be required. Prior to a building permit being issued, it will be necessary to provide landscape plans stamped with the seal of a Registered Landscape Architect. The City Beautiful Commission recommends preserving as many trees as December 2, 2004 SUBDIVISION ITEM NO.: B.1 (Cont.) FILE NO.: Z-7700 5 feasible on this property. Extra credit toward fulfilling Landscape Ordinance requirements can be given when properly preserving trees of 6-inch caliper or larger. A tree count of trees 6-inch caliper or larger should be provided within the proposed 40-foot wide southern perimeter land use buffer. This buffer should be labeled as an undisturbed area. Temporary fencing must be in place to protect trees prior to site work taking place. G. SUBDIVISION COMMITTEE COMMENT: (September 16 2004) Mr. Robert Brown and Mr. Charles Basham were present representing the request. Staff stated the item was a deferred item from the August 26, 2004, public hearing and the applicant had requested to discuss the item before the Subdivision Committee prior to the public hearing. Staff noted all comments were previously given to the applicant and the applicant had addressed most of the issues. Staff stated the site had a history of drainage complaints. Staff questioned the proposed detention. Mr. Brown stated detention would be handled from a detention basin located near Cantrell Road. Mr. Brown stated there was not a defined channel, just surface flow through the site. He stated a small portion of the site would drain to the southwest along an existing drainage basin. Mr. Brown stated landscaping comments had been addressed. He stated the development would include the placement of the required buffer and screening. He stated in addition a row of evergreen plantings would be added to the rear of the buildings to further screen the development from the adjoining single-family homes. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant has submitted a revised site plan indicating four single story office buildings on proposed Lot 3. The applicant has also indicated a 10,200 square foot retail building on Lot 2 and has indicated Lot 1 will be held for future commercial development. The applicant is requesting the approval of a three lot plat in conjunction with the PCD zoning request. The applicant has indicated Lot 1 will contain 1.26 acres, Lot 2 will contain 1.66 acres and Lot 3 will contain 3.57 acres. The Highway 10 Design Overlay District typically requires a two acre minimum lot size for development. Through the Planned Development process, sites containing less than two acres may be developed. December 2, 2004 SUBDIVISION ITEM NO.: B.1 (Cont.) FILE NO.: Z-7700 6 The applicant has indicated signage on the proposed site plan consistent with signage allowed in the Highway 10 Design Overlay District for Lots 1 and 2. The applicant has indicated a single sign located on each of the proposed lots abutting Cantrell Road a maximum of six feet in height and seventy-two square feet in area. The applicant has indicated each of the buildings on Lot 3 will have a single ground mounted sign a maximum of six feet in height and sixty-four square feet in area. The ordinance typically allows a single sign for each individual lot. The applicant has indicated the proposed development of the site as an office and retail development. The proposed uses requested in the application are as follows: Lots 1 & 2 are proposed to have the following commercial uses: Antique shop, with repair, Auto parts and accessories, Bakery or confectionery shop, Bank or savings and loan office, Barber and beauty shop, Beverage shop, Book and stationery store, Butcher shop, Camera shop, Cigar, tobacco and candy store, Clinic (medical, dental or optical), Clothing store, Community welfare or health center, Custom sewing and millinery, Day nursery or day care center, Drugstore or pharmacy, Duplication shop, Eating place without drive-in service, Establishment of a religious, charitable or philanthropic organization, Feed store, Florist shop, Food store, Furniture store, Handicraft, ceramic sculpture or similar artwork, Hardware or sporting goods store, Health studio or spa, Hobby shop, Jewelry store, Job printing, lithographer, printing or blueprinting, Key shop, Laboratory, Dry Cleaners or pickup station, Lawn and garden center, enclosed, Library, art gallery, museum or similar public use, Lodge or fraternal organization, Medical appliance fittings and sales, Office (general and professional), Office equipment sales and service, Optical shop, Paint and wallpaper store, Pet shop, Photography studio, Retail uses not listed (enclosed), School (business), School (commercial, trade, or craft), Shoe repair, Studio (art, music, speech, drama, dance or other artistic endeavors), Studio broadcasting and recording, Tailor, Tool and equipment rental (inside display only), Travel bureau. Lot 3 is to be limited to the following general office uses: Bank or savings and loans office, Clinic (medical, dental or optical), Duplication shop, Establishment of religious, charitable or philanthropic organization, Laboratory, Lodge or fraternal organization, Mortuary or funeral home, Office (general or professional), Photography studio, School (business), School (public or denominational), Studio (broadcasting and recording), Studio (art, music, speech, drama, dance or other artistic endeavors), Travel bureau. The applicant is also requesting accessory uses allowed under 0-3 zoning up to ten percent of the total floor area for Lot 3. The applicant has indicated the days and hours of operation for the office development will be from 7:00 am and 6:00 pm, Monday through Saturday only. Lot 1 is proposed to have limited hours of operation and may be open between the hours of 5:00 am and 2:00 am seven days per week. Lot 2 is proposed to have limited hours of operation between 6:00 am and 11:00 pm seven days per December 2, 2004 SUBDIVISION ITEM NO.: B.1 (Cont.) FILE NO.: Z-7700 7 week. The applicant has provided the following phasing plan for proposed Lot 3. The southern two buildings will be completed within 1.5 to 2 years following approval. The other two buildings would be completed within 3 to 4 years following approval. The applicant has indicated if a development is secured for Lot 1 the PCD will be revised to indicate the building footprint, parking and landscaped areas. Staff is not supportive of the applicant’s request. The site is located in an area, shown as Transition on the City’s Future Land Use Plan, which does not allow for commercial development. Staff feels the development is too far west of an existing commercial node and does not feel the expansion of this node is appropriate at this time. Staff feels the site should be developed with uses allowed in the Transition category of the Future Land Use Plan to allow a step down from the commercial node located at the intersection of Taylor Loop Road and Cantrell Road. Staff feels the placement of the four office buildings on the rear of the site is appropriate but also feels the front two lots should also be developed with office uses. Staff would also question some of the requested uses for the proposed office site. Staff does not feel a mortuary or funeral home, studio (broadcasting and recording) or lodge or fraternal organization are appropriate uses for the site. In addition, the applicant has indicated the development of the site with a three lot plat, two of which are less than the minimum square footage required by the Highway 10 Design Overlay District. Staff feels the development of these two lots with less than the minimum acreage required will erode the corridor. Staff feels the site should be developed as an office development limiting the commercial uses to those allowed in office zones or ten percent of the gross floor area. I. STAFF RECOMMENDATION: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (AUGUST 26, 2004) The applicant was present representing the request. There were no registered objectors present. Staff stated the applicant was working with them to resolve outstanding technical issues associated with the proposed site plan. Staff presented a recommendation the item be deferred to the October 7, 2004, Public Hearing to allow the applicant additional time to resolve the outstanding issues. There was no further discussion of the item. The chair entertained a motion to place the December 2, 2004 SUBDIVISION ITEM NO.: B.1 (Cont.) FILE NO.: Z-7700 8 item for inclusion on the consent agenda for deferral. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. PLANNING COMMISSION ACTION: (OCTOBER 7, 2004) Mr. Randy Frazier was present representing the applicant. There were registered objectors present. Staff stated the applicant had submitted a request dated October 4, 2004, requesting this item be deferred to the December 2, 2004, Public Hearing. Staff stated the request would require a waiver of the By-Laws for the late deferral request. Staff stated they were supportive of the applicant’s request. There was no further discussion of the item. The Chair entertained a motion to place 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 submitted a revised plan to staff and revised the list of requested uses for the proposed development. The revised site plan includes the placement of a 13,600 square foot office building on proposed Lot 2 and the placement of four buildings totaling 40,000 square feet of office on proposed Lot 3. The applicant has indicated Lots 1 and 2 will be developed with entirely O-3, General Office uses with no allowance for accessory uses. The applicant is requesting to concentrate the allowable ten percent commercial activities, typically allowed for O-3 zoned properties, on proposed Lot 1. The applicant has indicated a maximum of 5,300 square feet of accessory retail will be located in the proposed building for Lot 1. The applicant is now requesting Lots 2 and 3 be allowed O-3, General Office uses with no accessory or conditional uses. The applicant is requesting the 5300 square foot building on Lot 1 be allowed O-3, General Office uses; O-3 accessory uses; plus the following commercial uses: Bakery, Specialty foods, Butcher shop, Commercial catering, Store or studio for artwork or ceramics or handicraft, Hardware store, Sporting goods store, Medical support services, Office equipment sales and service, Optical shop, Paint and wallpaper store, Video rental store, and Window treatments and/or interior decorator shop with no limit on the percentages. The applicant has indicated the proposed drainage will run along the south side of Cantrell Road and carry storm water directly to the creek channel west of the site, instead of releasing it at the western edges of the site. The applicant has indicated it may also be possible to accomplish this by connecting to the existing drainage facilities existing along Cantrell Road. December 2, 2004 SUBDIVISION ITEM NO.: B.1 (Cont.) FILE NO.: Z-7700 9 The site plan includes the placement of an eight foot wood fence along the southern and eastern perimeters to act as screening were adjacent to residentially zoned properties. The applicant as also included the placement of a 48-foot buffer along the southern boundary to act as a buffer to the adjoining single-family neighborhood. The site plan includes the placement of 36-feet of undisturbed buffer area and 8-feet of landscaping to be replanted with evergreen shrubs such as southern magnolias that are eight feet in height, and branched full to the ground. The Highway 10 Design Overlay District typically requires a 40-foot rear yard buffer. The proposed buffer exceeds the minimum ordinance requirement by 20 percent. Staff is not supportive of the proposed development. The development is proposed as a three lot plat with a mixture of office and commercial uses. The applicant is proposing Lot 1 to potentially be developed as 100 percent commercial. Staff does not feel the intent of the Mixed Office Commercial Land Use designation is to allow lots within a development to develop independently as a retail development and two office lots. Staff feels the intent of a Mixed Office Development is to allow a truly mixed development within the buildings and without independent lots. As staff previously indicated staff is supportive of the site developing as an office development and the individual buildings being allowed ten percent accessory uses but not of concentrating the commercial activity on one lot within the development. PLANNING COMMISSION ACTION: (DECEMBER 2, 2004) Mr. Robert Brown was present representing the request. There were registered objectors present. Staff presented the item indicating the request had been amended to a POD. Staff stated the applicant was now requesting an office development with O-3 uses being allowable uses and the allowable ten percent accessory uses listed with no more than ten percent of the gross floor area in each building. Staff stated the building foot print for Lot 1 had not been determined and an amendment would be sought when development plans were secured. Staff stated the request was consistent with the City’s Future Land Use Plan and consistent with the requirements of the Highway 10 Design Overlay District. Staff presented a recommendation of approval of the request. Mr. Robert Brown addressed the Commission on the merits of the proposed request. He stated the proposed site contained 6.6 acres. He stated of the 6.6 acres 1.56 acres were being held as buffers for adjoining properties. He stated there had been several revisions to the proposed request. He stated there had been two meetings with the neighborhood and some of their request had been included in the proposed request. He stated the neighborhood was requesting a 75 to 100-foot buffer along the southern perimeter similar to the commercial development to the east. He stated Harvest Foods was developed as a commercial development and the 100-foot buffer made sense to protect the neighborhood. He stated the request before the Commission currently was an office development not a commercial development. He stated the proposed site plan included the placement of a 48-foot setback with 36-feet remaining undisturbed. December 2, 2004 SUBDIVISION ITEM NO.: B.1 (Cont.) FILE NO.: Z-7700 10 He stated he was well aware of the flooding problems the neighborhood suffered. He stated the developer had committed to pipe the water from the site to Cantrell Road. He stated only a small portion of the site would continue to drain to the south. He stated there was an existing drainage way along the western edge of the property, which would be handled by canalization or piping around the southern perimeter and along the western property line. He stated the developer had agreed to place additional plantings within the buffer area both in the disturbed and undisturbed areas. He stated a six foot fence would also be placed along the retaining wall to add additional screening. He stated the buffer area contained mature trees, which did not allow for under growth. He stated the developer had also agreed to not place any HVAC units on the rears of the buildings adjacent to the single-family subdivision. Mr. Robbie Linn addressed the Commission in opposition of the proposed request. He stated his home was located at 14 Westchester Court immediately south of the proposed development. He stated the neighborhood had very little notice of the proposed changes to the request. He provided pictures of the proposed development and the indicated buffer areas. He also provided an elevation of the proposed building height in relation to the proposed single-family homes. He stated the proposed development would tower above the homes with little buffer or screening. Mr. Linn stated the retaining wall would be 24-feet in height and the buildings would be 15-feet in height. He stated the buildings would be 40-feet above the homes. He stated the lighting would then be 50 to 60-feet above the neighboring homes. Mr. Linn stated he disagreed with staff concerning the compatibility of the proposed request. He stated according to the City codes proposed developments were to provide for a transition between adjoining uses and not be used for the sole benefit of the applicant. He stated he felt the proposed development would adversely affect the quality of life of the adjoining property owners and he felt the request did not comply with the existing codes and ordinances. Mr. Linn stated the neighborhood was requesting a 100-foot buffer similar to the buffer provided by Harvest Foods. He stated the site contained 53 parking spaces more than was typically required by ordinance. He stated with the removal of the additional parking spaces additional buffers could be provided. He also requested the developer provide a detailed drainage analysis prior to approval to ensure the drainage proposed was adequate to handle the development and run-off. Mr. Bob Altof addressed the Commission in opposition of the proposed request. He stated planning was for the past, present and future. He stated the City was aware of the neighborhood’s flooding problems. He stated the subdivision’s drainage was listed on the City’s un-funded infrastructure improvement list. He stated it was important to address the existing problems before approving a plan which would provide additional drainage problems. December 2, 2004 SUBDIVISION ITEM NO.: B.1 (Cont.) FILE NO.: Z-7700 11 Mr. William Ripple addressed the Commission in opposition of the proposed request. He stated the property currently drained to the northeast. He stated the proposed development would directly affect the existing drainage of the site. He stated the water flow would be impeded with the proposed buffer. He stated if the buffer were increased to 100-feet the drainage concerns could be minimized. Mr. Nathan Culp addressed the Commission in opposition of the proposed request. He stated he was President of the Westbury Neighborhood Association. He stated the neighborhood was opposed to the development of the site as intensely as requested. He stated the primary concerned with for the quality of life of the area residents. He stated two buildings containing 10,000 square feet each sitting on top of a 24-foot retaining wall would not contribute to the quality of life of the area residents. Mr. Robert Brown stated the drainage plan was part of the PZD request. He stated the proposal was to take six to six and one-half acres out of the existing watershed. He stated water would be collected and piped to Cantrell Road. He stated the retaining walls would be poured in place walls for the building foundation and architectural blocks could be used in the other locations. There was a general discussion concerning the proposed development and the indicated retaining walls. Staff stated the walls would require a variance to allow the indicated height. Mr. Brown stated he was willing to terrace the walls and provide an additional ten feet of building setback to provide the required ten foot bench. Mr. Brown stated landscaping would be placed on the bench to provide additional screening. The Commission questioned the required landscaping. Staff stated the spacing would be fifteen feet with two inch caliper trees and also shrubs put in place to break the massing of the wall. Staff stated both the lower and upper terraces would require plantings. A motion was made to approve the request as amended. The amendment included the placement of additional plantings within the buffer both the disturbed and undisturbed areas, the uses of the site be limited to O-3 uses and the allowable accessory uses limited to ten percent of the gross floor area of each building, the placement of architectural blocks limited to a maximum wall height of fifteen feet with a ten foot terrace to be planted with trees on a minimum of 15-foot centers and additional shrubs, and the planting of trees and shrubs on the top of the terrace and a six foot fence with the face side directed outward. The motion failed by a vote of 5 ayes, 4 noes and 2 absent. December 2, 2004 ITEM NO.: C FILE NO.: S-1454 NAME: Whispering Hills Preliminary Plat LOCATION: Located South of Alexander Road and West of Pam Drive South DEVELOPER: P.E. Investments, LLC 2212 South Broadway Little Rock, AR 72202 ENGINEER: Laha Engineers 6602 Baseline Road, Suite E Little Rock, AR 72209 AREA: 5.09 acres NUMBER OF LOTS: 15 FT. NEW STREET: 970 CURRENT ZONING: R-2, Single-family PLANNING DISTRICT: 16 – Otter Creek Planning District CENSUS TRACT: 41.04 VARIANCES/WAIVERS REQUESTED: 1. A variance to allow a reduced front building line for Lots 1 – 15 (15-feet). 2. A variance to allow a reduced rear yard setback for Lots 1 – 15 (15-feet). 3. A variance to allow a reduced lot width for Lot 10. 4. The applicant is requesting a variance to allow the street to exceed the length of a minor residential street. 5. The applicant is requesting an in-lieu contribution for the required storm water detention. A. PROPOSAL/REQUEST: The applicant proposes the subdivision of this 4.09-acre tract into fifteen (15) single-family lots. The lots are indicated to average 8,900 square feet with the minimum lot size proposed as 7,000 square feet. The proposed subdivision will result in a density of 3.14 units per acre. The applicant has indicated the development will be constructed in two phases with Lots 1 – 3 and Lots 8 – 15 developed in the first phase. Lots 4 – 7 will be developed in the second phase. December 2, 2004 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: S-1454 2 The development includes the placement of a new cul-de-sac street extending from Alexander Road. The applicant has indicated 970 linear feet of new street will be added to the City as a result of the proposed development. The applicant is requesting a variance to allow a reduced front building line for Lots 1 – 15 and a reduced rear yard setback for the indicated lots also set at 15- feet. The applicant is also requesting a reduced lot width for Lot 10. B. EXISTING CONDITIONS: The site is a vacant tree covered site located south of Alexander Road. Pam Drive has not been extended to the proposed subdivision with current access to the site from Whispering Drive. There is a pond located to the east of the site on an adjoining parcel. To the west of the site is a single-family neighborhood, Whispering Hills Subdivision Phase I. To the south of the site is vacant R-2, Single-family zoned property. North of the site has developed with single-family homes located on large lots accessed by Alexander Road. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents concerning the proposed development and the proposed minimum square footages of the new homes. Staff has indicated this is not a question typically requested of the applicant. Staff has noted the indicated lot sizes meet with minimum ordinance requirements. All abutting property owners, the Southwest Little Rock United for Progress and the Alexander Road Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 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. 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. 3. The area reserved for storm water detention is a fairly small, odd shaped area. Provide additional details of construction. 4. A standard street width of 26-feet measured back of curb to back of curb is required (length of street exceeds the criteria for a minor residential street). Sidewalk is required on one side of the street. December 2, 2004 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: S-1454 3 5. For service consideration, the subdivision should connect through to the west as was originally planned, especially since no was cul-de-sac constructed in Whispering Hills. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required with easements to serve all the indicated lots. Contact the Little Rock Wastewater Utility at 688-1414 for additional information. Entergy: No comment received. Center-Point Energy: Approved as submitted. SBC: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. A water main extension will be required in order to provide service to portions of 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. Contact Central Arkansas Water at 992-2438 for additional information. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department at 918-3700 for additional information. County Planning: No comment. CATA: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (September 16, 2004) Mr. Troy Laha was present representing the applicant. Staff gave a brief overview of the proposed request and indicated there were additional items necessary to complete the review process. Staff requested Mr. Laha dimension all property lines and provide the buildable area on each of the indicated lots. Public Works comments were addressed. Staff stated the development would require on-site detention. Mr. Laha stated he was providing detention and would December 2, 2004 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: S-1454 4 provide staff with additional details concerning the proposed detention. Staff also noted the indicated street exceeded the maximum length of a minor residential street. Staff stated a standard 26-foot street with sidewalks would be required unless a variance was approved. Staff stated they would support a variance due to the limited number of lots proposed. There was a general discussion concerning Whispering Drive located to the west. Staff stated the proposed street should be extended westward and access to the proposed subdivision taken from the existing street. Mr. Laha stated he felt the neighbors would be less opposed to the proposed development if access was not proposed from their neighborhood. Staff stated a cul-de-sac or turn- around should be provided at the end of the existing street to allow for proper turning around of trucks and automobiles. Staff noted comments from the other reporting departments and agencies, suggesting the applicant contact them individually for additional clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised plan to staff addressing most of the issues raised at the September 16, 2004, Subdivision Committee meeting. The applicant has indicated the dimensions of all property lines and included the buildable area for each of the lots on the proposed preliminary plat. The applicant has revised the preliminary plat to allow Whispering Drive, which currently terminates at the western property line, to extend to the east and allow a connection to the proposed subdivision. The applicant is also requesting an access to Alexander Road via Pam Drive South. The applicant has requested the proposed street to be a minor residential street. The applicant is also requesting an in-lieu contribution for the required storm water detention facility. The indicated lot sizes meet the typical ordinance requirement for single-family development. The applicant has indicated one of the lots Lot 10 with a reduced lot width. The ordinance typically requires a lot to have a minimum lot width at the building line of 60-feet. The indicated lot has a lot width at the building line of 50 feet. The applicant is requesting a reduced building line of 15-feet for all the indicated lots. The applicant is also requested a reduced rear yard setback of fifteen feet for all the indicated lots. The applicant has indicated with the reduced building setbacks there will be more buildable area, increasing the desirability of the lots. The lots indicate a building area ranging from 1500 to 1600 square feet. The proposed lots range in size from 7000 square feet to 18,260 square feet. The average lot size proposed is 8,900 square feet. The indicated lot sizes are adequate to meet the minimum ordinance requirements. December 2, 2004 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: S-1454 5 Staff is not supportive of the proposed preliminary plat. The indicated plat results in a variance to all the indicated lots and the in ability to meet the detention ordinance requirement. This leads staff to question if the application should be revised and resubmitted as a PRD development. In addition, even though the lots meet the minimum square footage requirements set forth in the Subdivision Ordinance staff does not feel the configuration of the lots is such that the lots will be buildable lots. Staff feels the applicant is “over building the site” and should reconsider the placement of this large number of lots on this site. I. STAFF RECOMMENDATION: Staff recommends denial of the proposed request. PLANNING COMMISSION ACTION: (OCTOBER 7, 2004) Mr. Troy Laha was present representing the request. There were registered objectors present. Staff presented the item with a recommendation of denial. Staff stated they felt the development should be filed as a PRD. Staff stated there were a number of variances being requested and some question as to the buildability of several of the indicated lots. Mr. Laha stated the developer was requesting a variance to allow a 15-foot building line on all the indicated lots and a reduced rear yard setback on all lots. He stated this was being requested to avoid confusion of builders. He stated the development had indicated detention on the site plan. He stated the development would not generate a great deal of water to address and the indicated detention should be adequate to handle the run-off from the development. Mr. Harold Williams addressed the Commission in opposition of the proposed request. He stated he lived at the end of Whispering Drive. He stated the road was a 2 inch asphalt street which could not withstand a lot of construction traffic. He stated the proposal he first saw indicated the development of 10 homes and not the indicated 16 homes. He stated with the development of ten homes that would be ten cars per day. He stated most homes had two cars and with children the number would only be increased. He stated he was opposed to the development of the subdivision based on the number of homes proposed and the condition of the existing roadway. Mr. Raymond Schieber addressed the Commission in opposition of the proposed request. He stated his home was located at 13511 Alexander Road. He stated the area did not have a property owners association and he was not informed of the request in a timely manner. He stated the reduced setbacks were a concern for area residents. He stated the Bill of Assurance for the existing subdivision had certain criteria for development including minimum lot sizes, minimum square footages of homes and a December 2, 2004 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: S-1454 6 25-foot building line. He stated based on the indicated plat there appeared to be several lots which would not be buildable. Mr. Schieber stated the Alexander Road area were soils types that were not stable and the development could have stabilization problems. Mr. Ruth Bell addressed the Commission in opposition of the proposed request. She stated the site was a difficult site to develop and based on the number of variances and the detention variances it appeared the developer was trying to maximize the buildable area. She stated she also felt the development should be reconsidered as a PRD. Ms. Janet Berry addressed the Commission in support of the proposed request. She stated as President of the Southwest Little Rock United for Progress and a member of the Neighborhood Action Plan Steering Committee she was in favor of new development in the area. She stated when the action plan was being developed and updated a few years ago the members were shocked to see how few new homes had been constructed in the area. She stated the area needed new construction. Mr. Paul Evans, the developer, addressed the Commission. He stated his desire was to construct quality homes in the 1300 to 1600 square foot range. He stated CDBG Grant money would be sought to assist homebuyers with down payment assistance. He stated Whispering Drive could be blocked during construction not allowing heavy trucks and equipment to access the roadway. There was a general discussion concerning the proposed request and the need for a PRD vs. a single-family plat. Staff stated the Board recently denied a request for a plat with a number of variances which was to be re-filed as a PRD and brought back to the Commission at their December 2004 public hearing. Staff stated they felt with the number of variances being requested and the lot configuration there were serious concerns with the buildability of four of the indicated lots. Mr. Laha stated his original proposal did not include the extension of Whispering Drive. He stated the road was added at the instruction of staff. He stated the developer’s desire was to not allow the connection and add an additional lot. Staff stated the street needed to be extended since a turn-around was not constructed in the previous plat. There was a discussion concerning the reason the developer did not want to file the application as a PRD. Mr. Laha stated the develop was not ready to commit to the floor plan for each of the indicated lots. The Commission stated maximum buildable area was all that would be required. There was no further discussion of the item. The chair entertained a motion to approve the request for deferral to the December 2, 2004 Public Hearing. The motion carried by a vote of 8 ayes, 0 noes and 3 absent. December 2, 2004 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: S-1454 7 STAFF UPDATE: As was recommended at the public hearing held October 7, 2004 the applicant has amended his request to include a rezoning from R-2, Single-family to PD-R to allow the development of a single-family subdivision. The applicant is requesting the development of fifteen single-family lots with a reduced front building line and a reduced rear yard setback. The applicant has indicated all lots will be developed with a fifteen foot front building line and a 15-foot rear yard setback. The applicant has also indicated the side yards will be set at ten feet, sufficient to meet the minimum side yard setback per the Subdivision Ordinance. The applicant has indicated a minimum lot size of 7,000 square feet and a maximum lot size of 18,260 square feet. The average lot size proposed is 8,900 square feet. The applicant has also indicated a maximum build area on the proposed site plan. The proposed site plan includes the placement of a detention basin on the eastern property line. The applicant has indicated the construction of Whispering Drive to connect to the proposed subdivision. The applicant indicates a 50-foot right-of-way sufficient to meet the Master Street Plan requirement. The applicant has also indicated the construction of Pam Drive South, a new residential street containing 970 linear feet of new street. The applicant has indicated the homes will contain a minimum of 1,000 square feet of heated and cooled space and at a minimum a single car carport. The applicant has indicated the structures will be one and two story structures with a maximum building height of 35-feet. As was previously stated staff supports the proposed development as filed. Staff feels with the large number of variances being requested the application is a classic case where the PZD ordinance applies to address the large number of variance issues. Staff recommends approval of the requested PD-R to allow the development of fifteen single-family homes on this 5.09 acre tract. PLANNING COMMISSION ACTION: (DECEMBER 2, 2004) Mr. Troy Laha and Mr. Paul Evans were present representing the request. There were registered objectors present. Staff presented the item was a recommendation of approval. Staff stated the application was deferred from the October 7, 2004, Public Hearing to allow the developer to re-file the request as a PD-R and establish a buildable area and provide commitments with regard to minimum square footages and building construction materials. December 2, 2004 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: S-1454 8 Mr. Troy Laha stated he and the developer had met with the neighborhood to address concerns. He stated the neighborhood was not supportive of the request as filed but the indicated design had addressed staff’s concerns. He stated the drainage issue previously raised had been addressed to staff’s satisfaction. Mr. Harold Williams stated he did not wish to speak. Mr. Ray Shever addressed the Commission on behalf of the area residents and the neighborhood association. He stated the neighborhood was not trying to stop development only to make the development compatible with the existing neighborhood. He stated the developers had shown the neighborhood a site plan containing ten homes, which was more in keeping with the neighborhood. He stated the existing homes in the area were on ½ acre lots and contained 2000 square feet of heated and cooled space. He stated the homes had large setbacks, which made the area feel rural even though the homes were now, located within the City limits. He stated he had met with the developer and he was confident the developer would construct a quality development. He stated the area contained poor soils types and in some cases the homes had had sediment problems causing foundations to fail. He requested the Commission deny the request to place fifteen homes on the site and approve a request to place ten homes on the site. Mr. Homer Ellis addressed the Commission in opposition of the proposed request. He stated his primary concern was with drainage. He stated the developer had indicated drainage would be addressed but he was not convinced the drainage would be addressed. He stated the site was low and with the existing vacant land carried a large amount of water. He stated the roadway and the rooftops would not allow absorption, which would require additional areas for run-off. He stated there was an existing lake on the property, which served as detention for portions of the area. He stated with the additional water the lake would overflow resulting in additional water that would have nowhere to go. He stated he was not opposed to development if the development improved the neighborhood. He stated the indicated lots were to small to be compatible with the existing neighborhood. He stated the developer was not trying to improve the neighborhood only to make a profit at the neighborhoods expense. There was a general discussion concerning the proposed request. The Commission questioned staff if a development had been approved with the number of variances being requested. Staff stated an item on the current agenda also contained a large number of variances. Staff stated the Commission made a recommendation of approval of the request as a preliminary plat and the Board of Directors had denied the plat variance request but encouraged the developers to re-file the request as a PRD. Staff also noted there had been several item in recent months the Commission had approved with variances as both plats and PRD request. December 2, 2004 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: S-1454 9 A motion was made to approve the request as amended to allow the placement of fifteen homes on the site through a PD-R request. The motion carried by a vote of 7 ayes, 2 noes and 2 absent. December 2, 2004 ITEM NO.: D FILE NO.: S-1457 NAME: Hampton Site Plan Review LOCATION: Located on the Southeast corner of Dixon Road and HWY 65/167 DEVELOPER: Dr. Reginald J. Hampton 1714 South Broadway Little Rock, AR 72206 ENGINEER: McGetrick and McGetrick Engineers 319 President Clinton Avenue, Suite 202 Little Rock, AR 72201 AREA: 17.91 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 CURRENT ZONING: Not zoned PLANNING DISTRICT: 27 – Fish Creek Planning District CENSUS TRACT: 40.01 VARIANCES/WAIVERS REQUESTED: None requested. The applicant submitted a request dated September 23, 2004 requesting this item be deferred to the December 2, 2004 Public Hearing. Staff is supportive of this request. PLANNING COMMISSION ACTION: (OCTOBER 7, 2004) The applicant was not present. There were no registered objectors present. Staff stated the applicant had not resolved the issue related to the means of wastewater disposal. Staff presented a recommendation the item be deferred to the December 2, 2004, Public Hearing to allow additional time to resolve the issue related to the proposed septic system and placement. December 2, 2004 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: S-1457 2 There was no further discussion of the item. The Chair entertained a motion to place 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 not resolved all the outstanding issues associated with the proposed wastewater collection and treatment system. The applicant is requesting this item be deferred to the January 20, 2005 Public Hearing. PLANNING COMMISSION ACTION: (DECEMBER 2, 2004) Mr. Pat McGetrick was present representing the request. There were no registered objectors present. Staff stated the applicant had not resolved all the outstanding issues associated with the proposed wastewater collection and treatment system and requested that the item be deferred to the January 20, 2005 Commission meeting. There was no further discussion of the item. A motion was made to place the item on the Consent Agenda for Deferral. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. December 2, 2004 ITEM NO.: E FILE NO.: Z-4644-C NAME: Yelenich Revised Long-form PCD LOCATION: Located at 2000 and 2010 South University Avenue DEVELOPER: Marc Yelenich 110 South Shore Drive Maumelle, AR 72113 ENGINEER: ETC Engineers 1510 S. Broadway Little Rock, AR 72202 AREA: 10+ Acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 PROPOSED ZONING: PCD PROPOSED USE: Mini-warehouse and General Commercial (C-3 uses) PROPOSED ZONING: Revised PCD PROPOSED USE: Mini-warehouse and General Commercial (C-3 uses) – Placement of banners of decorative light poles. VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: On December 19, 2002, the Little Rock Planning Commission provided a recommendation of approval of a request for a two lot subdivision as a part of a PCD request. On Lot 1, the applicant proposed the placement of 90,000 square feet of self- storage, mini-warehouse. The applicant proposed a 2-story 2,400 square foot resident manager’s office as a part of the development. The units would be ground level single story units. Approximately 25% of the units would be climate controlled units. Lot 2 consisted of a 22,500 square foot retail strip center with C-3, General Commercial District uses being requested. There were approximately 10 individual business bays December 2, 2004 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: Z-4644-C 2 within the development, however, the interior walls would be moveable to accommodate various sizes of lease space which would affect the total number of tenants. The applicant requested a ground mounted sign to be located on this lot in addition to proposed signage for Lot 1. The sign would be located near the driveway at be approximately 10-feet by 15-feet or 150 square feet in area. The applicant proposed a LED reader board as part of the signage. The applicant indicated the building façade would have sign area above each retail bay for individual tenant identification. The Board of Directors approved the PCD request on January 21, 2003, with the adoption of Ordinance No. 18,810. A. PROPOSAL/REQUEST: The applicant now proposes to revise his previously approved PCD to allow the placement of banners on the decorative light poles within the development. The applicant has indicated the banners will be located on seven of the light poles within the parking lot. The banner bars would allow up to three feet wide by five feet tall seasonal banners (i.e.) Holidays, Christmas, Fourth of July, Easter, Thanksgiving. B. EXISTING CONDITIONS: The site has developed with two mini-warehouse buildings and a strip retail center. The area to the east of the site is vacant and tree covered with the area to the southeast being the UALR Cooperative Extension Service Center. Uses to the north of the site are commercial type uses such as check cashing, liquor store and restaurants. Uses to the south and west of the site are single-family residences of the Boardmoore and Point O’ Woods neighborhoods. South University Avenue is a four lane roadway without a median break at this location. Median breaks are located to the south at Berkshire Drive and to the north at Boyle Park Road. Currently there are plans to widen South University Avenue. C. NEIGHBORHOOD COMMENTS: The Broadmore Neighborhood Association, the Curran-Conway Neighborhood Association, the Oak Forest Neighborhood Association, the Point O Woods Neighborhood Association, all owners of property located within 200-feet of the site and all residents located within 300-feet of the site, who could be identified were notified of the public hearing. As of this writing, staff has not received any comment from area residents. December 2, 2004 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: Z-4644-C 3 D. ANALYSIS: Staff is supportive of the applicant’s request. Staff does not feel the placement of banners on the decorative light poles will have any negative impact on the adjoining properties. The applicant has indicated the banners will not be used as advertising only to add character to the development and greet customers with seasonal messages. The zoning ordinance does not allow the placement of banners without special approval. The applicant is requesting the revision to the PCD to allow the placement. All other aspects of the previously approved development will remain. To staff’s knowledge there are no outstanding issues associated with the proposed request. E. STAFF RECOMMENDATION: Staff recommends approval of the request to allow the placement of banners on the light poles within the development subject to compliance with the following conditions: 1. The banners are not to contain any advertising including the name of any business on the site. 2. The banners must be properly maintained. Any banner that is damaged must be immediately removed or replaced. PLANNING COMMISSION ACTION: (OCTOBER 7, 2004) The applicant was not present. There were no registered objectors present. Staff stated the applicant failed to notify property owners as required by the Planning Commission By-laws. Staff presented a recommendation the item be deferred to the December 2, 2004 Public Hearing. There was no further discussion of the item. The Chair entertained a motion to place the item on the Consent Agenda for deferral. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. PLANNING COMMISSION ACTION: (DECEMBER 2, 2004) The applicant was present. There were no registered objectors present. Staff stated to their knowledge there were no outstanding issues associated with the proposed request and presented a recommendation of approval of the request to allow the placement of banners on the light poles within the development subject to compliance with the following conditions: December 2, 2004 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: Z-4644-C 4 1. The banners are not to contain any advertising including the name of any business on the site. 2. The banners must be properly maintained. Any banner that is damaged must be immediately removed or replaced. There was no further discussion of the item. A motion was made to place the item on the Consent Agenda for Approval. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. December 2, 2004 ITEM NO.: F FILE NO.: LU04-01-06 Name: Land Use Plan Amendment - River Mountain Planning District Location: SWC Cantrell Road and Bella Rosa Drive Request: Transition to Commercial Source: McGetrick, Pat On September 24, 2004, the applicant asked to defer the request for six weeks. Staff recommends deferral to the December 2, 2004 agenda. PLANNING COMMISSION ACTION: (OCTOBER 7, 2004) The item was placed on the consent agenda for deferral to the December 2, 2004 Planning Commission meeting. A motion was made to approve the consent agenda and was approved with a vote of 9 ayes, 0 noes and 2 absent. STAFF UPDATE: After further review of the site and meetings with the applicant to further clarify the zoning application, it has been determined that a Land Use Plan Amendment for this site at this time is not necessary. Staff recommends that the application be withdrawn. PLANNING COMMISSION ACTION: (DECEMBER 2, 2004) The item was placed on the consent agenda for withdrawal. A motion was made to approve the consent agenda and was approved with a vote of 9 ayes, 0 noes and 2 absent. December 2, 2004 ITEM NO.: F.1 FILE NO.: Z-6219-B NAME: Bella Rosa Revised Long-form POD LOCATION: On the Southwest corner of Cantrell Road and Bella Rosa Drive DEVELOPER: HWY 107 Associates, LLC 3801 Woodland Heights Little Rock, AR 72212 ENGINEER: McGetrick and McGetrick Engineers 319 President Clinton Avenue, Suite 202 Little Rock, AR 72201 AREA: 7.5 Acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 CURRENT ZONING: PCD ALLOWED USES: Office/Warehouse – Mini-warehouse development PROPOSED ZONING: Revised PCD PROPOSED USE: Office/Showroom/Warehouse – Mini-warehouse development VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: The Planning Commission previously reviewed and denied a request to rezone the site from R-2, Single-family to POD to allow the site to develop with limited office space, conditioned storage and mini-storage. The proposal included the placement of 102,775 square feet of improvements, containing approximately 18,000 square feet of office and office/warehouse space, including an on-site manager’s office and apartment comprising approximately 1,600 square feet. The balance of the project was to be self- storage units. The applicant proposed the perimeter of the two buildings located adjacent to Cantrell December 2, 2004 SUBDIVISION ITEM NO.: F.1 (Cont.) FILE NO.: Z-6219-B 2 Road to be constructed of “drivet” wall system over a steel super structure mixed with glass office front. The roof system was to be a flat roof hidden behind a metal parapet. The self-storage units were proposed as metal system over a steel structure with access provided by overhead doors. On March 11, 2004 the Little Rock Planning Commission made a recommendation of approval of a request to redevelop this 7.5-acre site located on the southwest corner of Cantrell Road and Bella Rosa Drive. The applicant intended to develop the site with a total of 82,800 square feet of office/retail and mini-warehouse buildings. The site was to contain a single building of office/retail containing a total of 29,000 square feet and an office/managers residence for the mini-warehouse development. A second building would contain 28,000 square feet of conditioned storage accessed from interior halls. There were three buildings of stand-alone mini-warehouse buildings containing a total of 25,800 square feet of space. The total building coverage proposed was 34.3 percent with 27 percent of the site designated as landscaped/green space area. The site contained 117 parking spaces with 19 spaces proposed for boat and RV storage. The applicant indicated the days and hours of operation from 7 am to 8 pm seven days per week. The mini-warehouse would have 24-hour access. The Little Rock Board of Directors adopted Ordinance No. 19,072 on April 6, 2004, establishing the Bella Rosa Long-form PCD as presented to the Little Rock Planning Commission. A. PROPOSAL/REQUEST: The applicant is requesting to amend the previously approved POD to add office/showroom/warehouse as allowable activities for the site (currently allowable in O-3 with a Conditional Use Permit). The previous approval allows O-3 uses and an allowance for ten percent of the gross floor area as O-3 accessory uses. No changes are proposed to the approved site plan. B. EXISTING CONDITIONS: The site has been cleared for construction of the new center. The site is relatively flat with a creek running along the western and southern perimeters. The property to the east of the site (across Bella Rosa Drive) is vacant and has been cleared. Further to the west is the Seven Acres Business Park zoned POD and developed with a mix of commercial and office uses. To the southeast are single-family homes adjoining the northern bank of the creek. To the south of the site (across the creek) are vacant lands and single-family homes fronting Bella Rosa Drive. To the west of the proposed site (west of the creek) are also vacant lands fronting Cantrell Road. North of the site are single-family homes on large acreages. December 2, 2004 SUBDIVISION ITEM NO.: F.1 (Cont.) FILE NO.: Z-6219-B 3 C. NEIGHBORHOOD COMMENTS: The Johnson Ranch Neighborhood Association, the Westbury Neighborhood Association, the Westchester Property Owners Association, all residents located within 300-feet of the site who could be identified and all owners of property located within 200-feet of the site were notified of the public hearing. As of this writing staff has received several phone calls concerning the proposed request. D. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the River Mountain Planning District. The Land Use Plan shows Transition for this property. Transition provides for an orderly transition between residential uses and more intense uses. Uses that might be considered in this area are low-density multifamily residential and office uses if proposals are compatible with the quality of life in nearby residential areas. The applicant has applied for a revised POD -Planned Office Development to remove Office from the plan and facilitate an Office, Showroom and Warehouse, which will not add any additional square footage to the development. When comparing zoning permitted uses to the Land Use Plan, the Office Showroom and Warehouse is considered a commercial use, not office, thus not consistent with the area’s land use plan. A Land Use Plan amendment is a separate item on this agenda (Item #F – File No. LU04-19-03). This application would normally require a Land Use Plan Amendment. Presently the Planning Staff is reviewing the Land Use Plan along this section of Highway 10. The review has just begun and the Planning staff is still receiving information on the current Highway 10 Land Use Plan. Any change at this time would be premature and possibly detrimental to the study effort. Master Street Plan: Cantrell Road is shown as a Principal Arterial and Bella Rosa is shown as a Local Street on the Master Street Plan. The purpose of a Principal Arterial is to connect major traffic generators in an area and not to provide access to adjoining properties. The function of a Local Street is to provide access to adjacent property and the movement of traffic is considered a secondary purpose. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. 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. December 2, 2004 SUBDIVISION ITEM NO.: F.1 (Cont.) FILE NO.: Z-6219-B 4 E. ANALYSIS: The applicant is proposing to revise the previously approved POD to add an additional use to the site. The applicant’s request is to add office/showroom/warehouse activities to the site to allow flexibility in the marketing of the site. The current approved site plan includes office/warehouse and O-3, General Office uses, along with the ten percent accessory uses, as allowable uses. The Zoning Ordinance defines Office/Showroom/Warehouse as a facility for mixed use with the following characteristics: (1) A showroom for display of product line which does not include items for user purchase, expect within C-3 general commercial district; (2) A storage or warehouse facility which occupies not more than sixty percent of the gross floor areas of the structure; (3) The principal office of the business; (4) Sales to contractors or other businesses installing or delivering to consumer and users. Staff does not feel the addition of “showroom” activities will generate a large amount of additional customer traffic. Contractor’s sales would be an allowable use for the site but not a retail paint store. Staff is supportive of the applicant’s request to add office/showroom/warehouse as an allowable use on the site. The previous approval allowed O-3 uses with ten percent of the gross floor area being utilized as O-3 accessory uses to be located in the 29,000 square foot office/retail building. Staff does not feel the addition of office/showroom warehouse as an allowable use for the site changes the character of the development. The applicant has provided a building elevation, which details and gives the appearance an office setting. Staff feels limiting the commercial to ten percent of the gross floor area will not allow the development to become a retail center. Staff does not feel the mini-warehouse portion of the development will have a negative impact on the adjoining properties since the mini-warehouse is located to the rear and screened by the office uses in the front of the development. Staff feels the site will maintain an overall office feel. The applicant has indicated through building elevations the rear of the site will be screened and none of the commercial uses will be visible from Cantrell Road. Only through this scenario does staff feel comfortable allowing this development to locate on this site. The applicant has indicated there is not a Bill of Assurance in effect for the proposed site. F. STAFF RECOMMENDATION: Staff recommends approval of the request to allow office/showroom/warehouse activities to locate within the development. December 2, 2004 SUBDIVISION ITEM NO.: F.1 (Cont.) FILE NO.: Z-6219-B 5 PLANNING COMMISSION ACTION: (OCTOBER 7, 2004) The applicant was not present. There were no registered objectors present. Staff stated the applicant had submitted a request dated September 23 2004, requesting the item be deferred to the December 2, 2004 Public Hearing. Staff stated they were supportive of the applicant’s request. There was no further discussion of the item. The Chair entertained a motion to place the item on the Consent Agenda for deferral. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. PLANNING COMMISSION ACTION: (DECEMBER 2, 2004) Mr. Pat McGetrick was present representing the request. There were no registered objectors present. Staff stated the applicant had filed to notify properties owners as required by the Commission’s By-laws. Staff requested the item be deferred to the January 20, 2005 Public Hearing. There was no further discussion of the item. A motion was made to place the item on the Consent Agenda for Deferral. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. December 2, 2004 ITEM NO.: 1 FILE NO.: S-200-K NAME: Northwest Territory Phase II Addition Preliminary Plat LOCATION: Located North of Cantrell Road, East of Chenal Parkway. DEVELOPER: Pfeifer Development Company 900 South Shackleford Road, Suite 409 Little Rock, AR 72211 ENGINEER: White-Daters and Associates #24 Rahling Circle Little Rock, AR 72223 AREA: 37.51 acres NUMBER OF LOTS: 4 FT. NEW STREET: 6530 LF CURRENT ZONING: C-3 – General Commercial District, O-3 – General Office District and MF-18 – Multi-family District PLANNING DISTRICT: 20 – Pinnacle Planning District CENSUS TRACT: 42.05 Variance/Waivers: None requested. A. PROPOSAL/REQUEST: The Little Rock Board of Directors adopted Ordinance No. 19,054 on February 17, 2004 zoning the area to C-3, O-3 and MF-18. The applicant is now proposing a preliminary plat for the area. The preliminary plat includes four lots totaling 37.51 acres. Two of the lots are zoned C-3 and contain 3.23 acres and 1.72 acres. One lot is zoned O-3 containing 7.23 acres and one lot is zoned MF- 18 containing 17.13 acres. The applicant is proposing the development of 6530 linear feet of new streets as a part of the development. Northwest Territory Parkway, a collector street, will be extended from Cantrell Road to the north/northwest intersecting with Chenal Parkway and Northwest Territory Court will be constructed to Commercial Street standard. December 2, 2004 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-200-K 2 The applicant has indicated the development will be phased based on the market demand. The proposed preliminary plat indicates the source of water from Central Arkansas Water and the means of wastewater disposal from Little Rock Wastewater Utility. No portion of the site is located within a floodway/floodplain. The applicant has indicated the average slope of the lots is ten percent with ranges from five to fifteen percent. B. EXISTING CONDITIONS: The property is undeveloped and mostly tree-covered. The property has varying degrees of slope. There is one (1) single-family residence located at the southeast corner of the overall property (19400 Cantrell Road) which takes access from Cantrell Road. The general area contains a mixture of uses and zoning. There is a convenience store, mini-warehouse development, apartment complex and Easter Seals residential facility located along Chenal Parkway, within the Northwest Territory Subdivision. There are single-family residences on large tracts located to the northwest, with undeveloped R-2 zoned property located to the north. There are single-family homes on large tracts and undeveloped C-3 zoned property to the south across Cantrell Road. There is undeveloped R-2 zoned property and a private school located to the east along the north side of Cantrell Road. A church, single-family residences and undeveloped R-2 zoned property are located to the west. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received one informational phone call from an area neighborhood association. The abutting property owners along with the Aberdeen Court Property Owners Association, the Duquesne Place Property Owners Association, the Margaux Place Property Owners Association, the Maywood Manor Neighborhood Association and the Pinnacle Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: 1. The standard conditions shown on the plans as “Public Works Notes” apply to the plat. 2. Additional right-of-way and turn lanes will be required at the intersection of the Northwest Territory Parkway with Cantrell Road and Chenal Parkway. At Cantrell Road, provide five lanes with 250-feet of stacking spaces (northbound through, 2 south bound left turn lanes, southbound through and south bound right). At Chenal Parkway provide four lanes (north bound through, 2 south bound left turn lanes, south bound right/through). 3. Temporary cul-de-sacs may be required depending on phasing of development. December 2, 2004 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-200-K 3 E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required with easements, if service is required for the project. Contact Little Rock Wastewater Utility at 688-1414 for additional details. Entergy: Approved as submitted. Center-Point Energy: No comment received. SBC: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. A Capital Investment Charge based on the size of the meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all meter connections including any metered connections off the private fire system. There will be limits to floor elevations allowed in this area. The limits will be determined by the uses and the required fire flows. Water main extensions will be required. The hilltop adjacent to this plat CANNOT be served because developer chose to install a main that is inadequate to supply the elevations in that area. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department at 918-3752 for additional information. County Planning: No comment. CATA: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (October 28, 2004) Mr. Joe White of White-Daters and Associates was present representing the request. Staff stated the proposal was a preliminary plat to subdivide 37 plus acres of commercial, office and multi-family zoned property into four lots. Staff noted there were additional items necessary to complete the review process. Staff requested Mr. White provide a drainage analysis and a preliminary storm drainage plan. Staff also requested Mr. White include the names of recorded subdivisions abutting the plat area and the names of owners of abutting lands. December 2, 2004 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-200-K 4 Public Works comments were addressed. Staff questioned the street grade for Northwest Territory Court. Staff stated Mr. White could provide a profile or a topo with the grade indicated to assure the grade would comply with the Master Street Plan requirement. Staff also stated a temporary turn-around would be required on Northwest Territory Court. Mr. White questioned the requested design of Northwest Territory Parkway. He stated the number of lanes was excessive for a proposed collector street. Staff stated at the intersection with an arterial the indicated design was required. Mr. White stated he would meet with staff to discuss the request prior to the Public Hearing. Staff stated there was a fire station to be located on a portion of Mr. Pfeifer’s property and questioned the location of the proposed fire station. Mr. White stated he was not clear on the exact location but would contact the owner and provide staff with the exact location previously identified. Staff noted comments from the various other reporting departments and agencies indicating Mr. White contact them individually for further 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 plan to staff addressing most of the issues raised at the October 28, 2004 Subdivision Committee meeting. The applicant has indicated the names of recorded subdivisions abutting the plat area along with the names of owners of abutting lands. The applicant has also provided a preliminary storm drainage plan and a drainage analysis. The applicant has indicated a temporary turn-around for Northwest Territory Court as requested by staff at the October 28, 2004 Subdivision Committee Meeting. The applicant has indicated new street construction for Northwest Territory Parkway per Public Works requirements. The applicant has also indicated the street grade per the Master Street Plan will be met. The applicant has provided staff with the area selected for a future fire station. The applicant has indicated the location of the fire station adjacent to the existing mini-warehouse development fronting Chenal Parkway. Staff is supportive of the proposed preliminary plat. The applicant is requesting to subdivide 37 acres into four non-residential lots. The indicated lots follow existing zoning lines of multi-family, office and commercial properties. The indicated lots are adequate to meet the minimum requirements per the Zoning Ordinance for each zoning classification. The proposed preliminary plat also includes the placement of two new streets totaling 6530 linear feet. The streets December 2, 2004 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-200-K 5 will be constructed to Master Street Plan standard with a 60-foot right-of-way and 36-feet of paving. The plat includes the phasing of the indicated lots and the proposed street construction. The applicant has indicated the phases will be market driven. To staff’s knowledge there are no outstanding issues associated with the proposed request. Staff feels the development of the indicated preliminary plat should have minimal impact on the adjoining properties. The plat indicates lots following existing zoning lines to allow the development of the area with future multi-family, office and commercial uses. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the conditions outlined in paragraphs D, E and F of the staff report. PLANNING COMMISSION ACTION: (DECEMBER 2, 2004) Mr. Joe White was present representing the request. There were no registered objectors present. Staff stated to their knowledge there were no outstanding issues associated with the proposed request and presented a recommendation of approval of the request subject to compliance with the conditions outlined in paragraphs D, E and F of the above report. There was no further discussion of the item. A motion was made to place the item on the Consent Agenda for Approval. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. December 2, 2004 ITEM NO.: 2 FILE NO.: S-643-C NAME: The Pines Subdivision Preliminary Plat LOCATION: located on Castle Valley Road, West of Chicot Road. DEVELOPER: Karim Shamoon/Ahmad Safi 7622 A Baseline Road Little Rock, AR 72209 ENGINEER: McGetrick and McGetrick Engineers 10 Otter Creek Court – Suite A Little Rock, AR 72210 AREA: 33.81 acres NUMBER OF LOTS: 64 FT. NEW STREET: 2820 LF CURRENT ZONING: R-2 - Single-family, C-2 – Shopping Center District and MF- 12 – Multifamily 12 units per acre PLANNING DISTRICT: 15 – Geyer Springs West CENSUS TRACT: 41.05 Variance/Waivers: None requested. The applicant failed to provide staff with the additional information requested at the October 28, 2004, Subdivision Committee meeting. Staff recommends this item be deferred to the January 20, 2005, Planning Commission Public Hearing. PLANNING COMMISSION ACTION: (DECEMBER 2, 2004) Mr. Pat McGetrick was present representing the request. There were no registered objectors present. Staff stated the applicant had failed to provide staff with the additional information requested at the October 28, 2004 Subdivision Committee meeting. Staff presented a recommendation the item be deferred to the January 20, 2005 Commission meeting. December 2, 2004 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-643-C 2 There was no further discussion of the item. A motion was made to place the item on the Consent Agenda for Deferral. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. December 2, 2004 ITEM NO.: 3 FILE NO.: S-867-OOOOO NAME: Chenal Valley Tract 1 Preliminary Plat Lots A – G LOCATION: located on the Northeast corner of Rahling Road and Chenal Parkway DEVELOPER: Chenal Properties #7 Valley Club Circle Little Rock, AR 72211 ENGINEER: White-Daters and Associates #24 Rahling Circle Little Rock, AR 72223 AREA: 16.95 acres NUMBER OF LOTS: 7 FT. NEW STREET: 1724 LF CURRENT ZONING: C-3 – General Commercial District, O-2 – Office and Institutional District and MF-24 – Multi-family District PLANNING DISTRICT: 19 – Chenal Planning District CENSUS TRACT: 42.11 Variance/Waivers: None requested. A. PROPOSAL/REQUEST: The applicant is proposing a preliminary plat for a site containing 16.95 acres located east of Chenal Parkway and North of Rahling Road. The proposal includes the subdivision of this parcel into seven lots currently zoned C-3, O-2 and MF-24. The average lot size proposed is 2.40 acres. The applicant has indicated 1724 linear feet of new street will be added as a result of the proposed preliminary plat. The applicant has identified North Drive and East Drive to be constructed to Commercial Street standard with 60-feet of right-of-way and 36-feet of pavement. The applicant has indicated building lines for the lots abutting Rahling Road. The proposed preliminary plat indicates a 35-foot landscape buffer along Rahling December 2, 2004 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-867-OOOOO 2 Road and a previously reserved 100-foot tract along Chenal Parkway indicated as a 100-foot natural buffer. Three proposed front building lines are indicated along Rahling Road. The proposed plat indicates a 50-foot building setback with no parking, a 95-foot building setback with a single bay of parking and a 125-foot building setback with a double bay of parking. The remainder of the lots will conform to building setbacks per the Zoning Ordinance. The proposed plat indicates streets will be constructed in one phase with the sidewalk construction being phased with the final platting of the individual lots. The proposed preliminary plat indicates the source of water as Central Arkansas Water and the means of wastewater disposal as Little Rock Wastewater. The proposed plat indicates no portion of the proposed plat area is located within the floodway/floodplain. B. EXISTING CONDITIONS: The site is a vacant tree covered site bounded by Chenal Parkway to the west and Rahling Road to the south. The site is currently zoned C-3, O-2 and MF-24. The Villages at Rahling Road is located to the south and is currently zoned PCD. Uses in the Villages at Rahling Road development include office and commercial uses with a new Central Arkansas Branch Library under construction. To the southwest of the site is a forty acre parcel currently zoned C-2, Shopping Center District, which was recently approved for the development of a 500,000 plus square foot Village Design shopping center. Rahling Road is constructed as a four lane roadway with a median at the intersection of Rahling Road and Chenal Parkway. Chenal Parkway is a boulevard style street with a median and breaks only at major intersections. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents. The abutting property owners along with the Chenal Ridge Property Owners Association and the Margaux Place Property Owners Association were notified of the public hearing. D. ENGINEERING COMMENTS: 1. At arterial to arterial intersections, dual left turns are required under the Master Street Plan. Provide two left turn lanes, two through lanes and a right turn lane at Rahling Road. 2. A 20-foot radial dedication of right-of-way is required at the intersection of Rahling Road and Chenal Parkway. December 2, 2004 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-867-OOOOO 3 3. Sidewalks with appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code of Ordinances and the Master Street Plan. 4. The standard conditions shown on the plans as “Public Works Notes” apply to the project. 5. Show location of Rahling Circle on the site plan. The new street should line up with Rahling Circle or be spaced a sufficient distance to prevent traffic conflicts. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required with easements, if service is required for the project. Contact Little Rock Wastewater Utility at 688-1414 for additional details. Entergy: Approved as submitted. Center-Point Energy: No comment received. SBC: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. A Capital Investment Charge based on the size of the meter connection(s) will apply to this project in addition to normal charges. Water main extensions will be required in order to provide service to this property. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department at 918-3752 for additional information. County Planning: No comment. CATA: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: No comment. December 2, 2004 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-867-OOOOO 4 G. SUBDIVISION COMMITTEE COMMENT: (October 28, 2004) Mr. Joe White of White-Daters and Associates was present representing the application. Staff presented an overview of the proposed preliminary plat indicating there were additional items necessary to complete the review process. Staff requested the applicant provide the source of title of the landowner, a storm drainage analysis and a preliminary storm drainage plan. Staff also requested the applicant provide the names of recorded subdivisions abutting the plat area and the names of owners of abutting lands. Staff stated the majority of the plat area was zoned C-3, General Commercial District. Staff stated a portion of the property was currently zoned O-2 and MF-24 and requested the applicant apply for a rezoning of these areas to “clean-up” the plat area. Public Works comments were addressed. Staff requested the indicated street line up with Rahling Circle to the south. Staff also requested the applicant indicate driveway locations on the proposed preliminary plat. Staff requested the applicant provide sufficient stacking and taper at the intersection with Rahling Road. Staff also questioned the phasing of the development. Mr. White stated the lots would be final platted in phases based on the market demand. Staff questioned when sidewalks would be put in place. Mr. White stated sidewalks would be placed at the time of final platting or an in-lieu contribution would be made for their construction. Staff noted comments from the various other reporting departments and agencies indicating Mr. White contact them individually for further 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 28, 2004 Subdivision Committee meeting. The applicant has indicated the source of title of the landowner, a storm drainage analysis and a preliminary storm drainage plan. The applicant has also included the names of recorded subdivisions abutting the plat area and the names of owners of abutting lands. The proposed preliminary plat indicates the roadway alignment with Rahling Circle. The roadway also includes sufficient stacking and taper at the intersection with Rahling Road. The proposed preliminary plat indicates the proposed driveway locations with the configuration being shared drives. The applicant has indicated the proposed sidewalk placement will be at the time of final platting of each individual lot. Staff is supportive of this request. Typically all improvements are required prior to the City accepting a lot for final platting. The request is consistent with previous City December 2, 2004 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-867-OOOOO 5 practices. Staff is supportive of the proposed request. The applicant is proposing a preliminary plat for a site containing 16.95 acres into seven lots currently zoned C-3, O-2 and MF-24. The applicant has indicated 1724 linear feet of new street will be added as a result of the proposed preliminary plat. North Drive and East Drive will be constructed to Commercial Street standard with 60-feet of right-of- way and 36-feet of pavement. The applicant has indicated the building line for the lots abutting Rahling Road. The proposed preliminary plat indicates a 35-foot landscape buffer along Rahling Road and a previously reserved 100-foot wide tract along Chenal Parkway. The building line indicates a 50-foot building setback with no parking, a 95-foot building setback with a single bay of parking and a 125-foot building setback with a double bay of parking. The remainder of the lots will conform to building setbacks per the Zoning Ordinance. The indicated building setbacks are adequate to meet the C-3, General Commercial District zoned properties building setback requirement. To staff’s knowledge there are no outstanding issues associated with the proposed request. Staff is supportive of the proposed preliminary plat to allow the development of this 16.95-acre site with seven commercially zoned lots provided the applicant rezone the portions of proposed Lots C, D and E currently zoned O-2 and MF-24 prior to final platting. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the conditions outlined in paragraphs D, E and F of the staff report. Staff recommends the applicant rezone the portions of Lots C, D and E currently zoned O-2 and MF-24 prior to final platting. PLANNING COMMISSION ACTION: (DECEMBER 2, 2004) Mr. Joe White was present representing the request. There were no registered objectors present. Staff presented the item indicating to their knowledge there were no outstanding issues associated with the proposed request. Staff presented a recommendation of approval of the request subject to compliance with the conditions outlined in paragraphs D, E and F of the above report. Staff also presented a recommendation the applicant rezone the portions of Lots C, D and E currently zoned O-2 and MF-24 prior to final platting. December 2, 2004 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-867-OOOOO 6 There was no further discussion of the item. A motion was made to place the item on the Consent Agenda for Approval. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. December 2, 2004 ITEM NO.: 4 FILE NO.: S-1463 NAME: Davis Addition Preliminary Plat LOCATION: located at 16123 Whippoorwill Lane DEVELOPER: Richard and Leslie Davis 16123 Whippoorwill Lane Little Rock, AR 72210 ENGINEER: Donald W. Brooks 20820 Arch Street Pike Hensley, AR 72065 AREA: 1.79 acres NUMBER OF LOTS: 2 FT. NEW STREET: 0 CURRENT ZONING: R-2, Single-family District PLANNING DISTRICT: 17 – Crystal Valley Planning District CENSUS TRACT: 42.08 Variance/Waivers: Waiver of required street construction to Whippoorwill Lane and Crystal Valley Road. A. PROPOSAL/REQUEST: The applicant proposes the subdivision of 1.79 acres into two single-family lots. The proposed preliminary plat indicates dedication of right-of-way 55-feet from centerline on Crystal Valley Road and 25-feet from centerline on Whippoorwill Lane. The site plan also includes a private drive extending from Whippoorwill Lane as a 20-foot access and utility easement. The applicant has provided an approval from the Arkansas Department of Health concerning the proposed wastewater collection and treatment system. The applicant has also provided a letter from the area volunteer fire department concerning their ability to serve the proposed development. December 2, 2004 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: S-1463 2 The applicant is requesting a waiver of the required Master Street Plan one-half street improvements to Crystal Valley Road and Whippoorwill Lane. B. EXISTING CONDITIONS: The site contains an existing single-family home located on acreage. The home is located near the rear of the property adjacent to Whippoorwill Lane. There is also a private drive located along the western property line allowing access to homes and accessory structure to the south and southwest of the site. There are several PCD zoning districts south of the site on Crystal Valley Road. These areas were zoned as a part of the expansion of the Extraterritorial Planning Jurisdiction into the area to recognize existing commercial uses present at the time. Homes in the area are both site built homes as well as singlewide and multi- sectional manufactured homes. Crystal Valley Road is a two-lane roadway with open ditches from drainage. Whippoorwill Lane is a narrow rural roadway constructed of chip seal with open ditches for drainage. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents. The abutting property owners along with Southwest Little Rock United for Progress Association were notified of the public hearing. D. ENGINEERING COMMENTS: 1. Crystal Valley Road is classified on the Master Street Plan as a principal arterial. A dedication of right-of-way 55-feet from centerline will be required. Plat indicates the dedication. 2. Whippoorwill is classified as a local street (25-foot dedication from centerline) and Crystal Lane is a private street. The plat indicates appropriate dedications for right-of-way and easements. 3. Provide design of street conforming to the Master Street Plan. Construct one- half street improvements to these streets including 5-foot sidewalks with the planned development or obtain a Board of Directors waiver or deferral of street construction. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Outside the service boundary. No comment. Entergy: Approved as submitted. Center-Point Energy: No comment received. December 2, 2004 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: S-1463 3 SBC: 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. Approval of the City of Little Rock is required prior to availability of water service. Fire Department: Maintain access at 20-foot wide drives. Place fire hydrants per code. Contact the Little Rock Fire Department at 918-3752 for additional information. County Planning: This is a boundary survey. Pulaski County Planning & Development requires the submittal of a subdivision plat with all certificates, data and other pertinent notes attached, along with a Bill of Assurance. CATA: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (October 28, 2004) Mr. and Mrs. Davis were 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 indicate the names of owners of all abutting lands and the zoning classification within the plat boundary. Staff also requested the applicant provide the source of water and the means of wastewater disposal in the general notes section of the proposed preliminary plat. Public Works comments were addressed. Staff stated the indicated rights-of- ways were sufficient to meet the minimum Master Street Plan requirements. Staff stated the applicant would be required to construct one-half street improvements to the roadways or seek a waiver from the Little Rock Board of Directors. Staff also stated the indicated private street was sufficient to meet the minimum required width for fire department access. Pulaski County Planning comments were addressed. Staff stated the indicated plat did not contain the required information for the County to complete their review. Staff requested the applicant indicate all certificates, data and other pertinent notes attached, along with a Bill of Assurance for their final review. December 2, 2004 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: S-1463 4 Staff noted comments from the various other reporting departments and agencies indicating Ms. Davis contact them individually for further clarification. Ms. Davis questioned if she was to coordinate with the Little Rock Fire Department of the area Volunteer Fire Department. Staff stated it would be best to work with both. 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 28, 2004 Subdivision Committee meeting. The revised preliminary plat indicates the names of owners of abutting lands and the zoning classification within the plat boundary. The general notes section of the proposed preliminary plat includes the source of water and the means of wastewater disposal. The applicant has provided a letter from the area volunteer fire department indicating their knowledge of the proposed development and their ability to serve the new development. Staff is supportive of the proposed request. The applicant has indicated the subdivision of 1.79 acres into two single-family lots both to be served by the placement of individual septic systems. The applicant has provided an approval letter from the Arkansas Department of Health concerning the proposed wastewater collection and treatment system. Staff is supportive of the applicant’s indicated treatment. The proposed preliminary plat indicates dedication of right-of-way 55-feet from centerline on Crystal Valley Road and 25-feet from centerline on Whippoorwill Lane. The site plan also includes a private drive extending from Whippoorwill Lane as a 20-foot access and utility easement. The indicated rights-of-way are adequate to meet the current Master Street Plan requirement and access criteria for the fire department. The applicant is requesting a waiver of the required Master Street Plan one-half street improvements to Crystal Valley Road and Whippoorwill Lane. Staff is supportive of this request. Historically in the Extraterritorial Planning Jurisdiction the Board of Directors has waived the Master Street Plan construction requirement for a lot split if the applicant were willing to dedicate right-of-way. To staff’s knowledge there are no outstanding issues associated with the proposed request. The indicated lots are 0.95 acres and 0.84 acres sufficient to meet the minimum ordinance requirements for single-family zoned property. The proposed preliminary plat indicates a 35-foot building line adjacent to Crystal December 2, 2004 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: S-1463 5 Valley Road and 25-feet along Whippoorwill Lane. Both are adequate to meet the minimum front building line requirement per the Subdivision Ordinance. Staff does not feel the proposed subdivision of this parcel into two single-family lots will have a significant impact on the adjoining properties. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the conditions outlined in paragraphs D, E and F of the staff report. Staff recommends approval of the applicant’s request for a waiver of required street improvements to Whippoorwill Lane and Crystal Valley Road. PLANNING COMMISSION ACTION: (DECEMBER 2, 2004) The applicant was present representing the request. There were no registered objectors present. Staff stated to their knowledge there were no outstanding issues associated with the proposed request and staff presented a recommendation of approval of the request subject to compliance with the conditions outlined in paragraphs D, E and F of the above report. Staff also presented a recommendation of approval of the applicant’s request for a waiver of required street improvements to Whippoorwill Lane and Crystal Valley Road. There was no further discussion of the item. A motion was made to place the item on the Consent Agenda for Approval. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. December 2, 2004 ITEM NO.: 5 FILE NO.: Z-5803-A NAME: Little Rock Auto Group Revised Short-form PCD LOCATION: located at 12601 West Markham Street DEVELOPER: Little Rock Auto Group, Inc. 12601 West Markham Street Little Rock, AR 72201 ENGINEER: Development Consultants, Inc. 2200 North Rodney Parham Road, Suite 220 Little Rock, AR 72212 AREA: 3.31 Acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 CURRENT ZONING: PCD ALLOWED USES: Automobile Dealership PROPOSED ZONING: Revised PCD PROPOSED USE: Automobile Dealership – Placement of banners on utility poles within the development Variance/Waivers: None requested. BACKGROUND: On March 22, 1994, The Little Rock Planning Commission reviewed a request to rezone the site from C-2, Shopping Center District to PCD to allow an automobile display, sales and service business on the site located at the southwest corner of Chenal Parkway and West Markham Street. The proposal involved the development of 3.31 acres and a preliminary plat to subdivide 16.44 acres into two non-residential lots. The second lot was to remain zoned C-2, Shopping Center District. The PCD application proposed the construction of a 19,340 square foot building to house the show room, offices and administration area, service area, and parts area; and a 2,440 square foot sales office building. The building coverage was proposed at 15.11 December 2, 2004 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-5803-A 2 percent of the land area and parking for 269 vehicles was proposed with the largest majority being for display of vehicles. The main sales-service building was indicated as an inverted “V” shaped building, and the two end points were proposed to be located 33.1 feet from the south property line. The site plan included a primary sign to be a pole mounted sign no greater than standard sign regulations for free-standing commercial signs (i.e. 36 feet in height and 160 square feet in area) and a monument sign which was to conform to the standards set forth in the Design Overlay District for Chenal Parkway (i.e. 8 feet in height and 100 square feet in area). No additional right-of-way dedication was proposed along Chenal Parkway. Construction of an additional traffic lane for Chenal Parkway was not proposed; however construction of a deceleration lane on Chenal Parkway to the entry drive off Chenal Parkway and the required sidewalk was to be built. The proposal included Master Street Plan improvements to Atkins Road and West Markham Street. During the Public Hearing process the applicant indicated to the Commission several concessions were being offered to ease the area residents’ concerns. The developer indicated a neighborhood meeting was held and several concerns were raised. The developer stated there would be no body shop constructed as a part of the development; there would be no outdoor paging of employees; there would be no off- site parking of vehicles; there would be no on-street loading of vehicles being delivered; there would be no circus tents, flashing lights, search lights, pendants or carnival type promotions; test drive routes would be defined and not allowed through the Timber Ridge neighborhood, and customers would be accompanied by sales representative during test drives; and site lighting would be directional and controlled to light only the site, and site lighting would be reduced after hours by two-thirds. The applicant offered a second assurance he would not return to the Commission at a later time with a request for tents or banners. A. PROPOSAL/REQUEST: The applicant is interested in placing flags on approximately 17 light poles on the Gwatney Pontiac Buick GMC Automobile dealership located at 12601 West Markham Street. The flags would be approximately 3 ½ foot by 7 foot and consist of 2 panels that are 21 inches wide and 7 feet long. The applicant has indicated the flags are substantially similar to the ones that the City of Little Rock uses for advertising activities at the zoo. The applicant has indicated the flags will be used to differentiate the areas of the dealership between the different brands of cars and also between the new and used cars sections. B. EXISTING CONDITIONS: The site has a ownership different than the firm approved in 1994. The site is now home to Gwatney Pontiac Buick GMC automobile dealership formerly known as Dick Layton Buick GMC. To the south and east of the site are December 2, 2004 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-5803-A 3 commercial nodes including restaurants, furniture stores, fuel station, general retail and a drycleaners to name a few. To the west of the site, across Atkins Road, there is property zoned O-3 and PCD. The PCD zoned property is developing as an office park. There is a branch bank proposed for the O-3 zoned property located at the corner of West Markham and Atkins Road. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from an area resident concerning the proposed use of the property. All residents who could be identified located within 300-feet of the site, the Parkway Place Property Owners Association, the Gibralter Heights/Point West/Timber Ridge Neighborhood Association and all owners of property located within 200-feet of the site were notified of the public hearing. D. ENGINEERING COMMENTS: Public Works: No comment regarding the placement of banners. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: No comment regarding the placement of banners. Entergy: No comment received. Center-Point Energy: No comment received. SBC: No comment received. Central Arkansas Water: No objection to banners on light poles or other display paraphernalia. Fire Department: No comment regarding the placement of banners. County Planning: No comment. CATA: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Ellis Mountain Planning District. The land use plan shows Commercial for this property. The applicant has applied for a Revised PCD to allow the placement of banners on the property’s exterior light poles. December 2, 2004 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-5803-A 4 The request does not require a change to the Land Use Plan. Master Street Plan: Chenal Parkway is shown as a Principal Arterial and West Markham Street is shown as a Collector on the Master Street Plan. Chenal Parkway is built to Principal Arterial standards and West Markham Street is built to Collector Street standards adjacent to the property. The primary function of a Principal Arterial is to serve through traffic and connect major traffic generators or activity centers within urbanized areas and the primary function of a Collector Street is to provide a connection from local streets to arterials. A Class I bikeway is identified on the 2004 Bicycle Plan on Chenal Parkway from Bowman Road to Highway 10. The Chenal Parkway Class I Bikeway bypasses the section of Chenal Parkway adjacent to the property and connects with West Markham Street at Bowman Road and will not be affected by this case. City Recognized Neighborhood Action Plan: The applicant’s property lies in the area covered by the Rock Creek Neighborhood Action Plan. The Office and Commercial Development goal listed one objective relevant to this case. The first objective is “Encourage all commercial and office development in the community to be subject to neighborhood input prior to City approval.” This objective consists of an action statement indicating the need to “Aggressively use Planned Zoning Districts (PZDs) to influence more neighborhood-friendly and better quality developments.” This application is an example of the how the neighborhood’s input and concern can be expressed to the developer. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (October 28, 2004) The applicant was not present. Staff stated the request was to place banners on light poles within the automobile dealership. Staff presented a visual of the requested banners and the proposed placement of the banners. Staff indicated there were seventeen locations being requested on the site. 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’s request is to place banners on seventeen light poles within the existing automobile dealership. The flags are proposed at approximately 3 ½ feet by 7 feet and consist of 2 panels that are 21 inches wide and 7 feet long. The proposal includes banners that are substantially similar to the ones that the City of Little Rock uses for advertising activities at the zoo. The request includes the placement of banners to differentiate the areas of the dealership between various brand names of automobiles and between the new and used car section. December 2, 2004 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-5803-A 5 Per Section 36-543 of the City of Little Rock Code of Ordinances banners, pennants, festoons, searchlights are prohibited signs and sales promotional devices except as allowed in Section 36-557, subsection (d). In this Section temporary special event on-premises banners are allowed for a maximum of six weeks per occasion, not to exceed four events per year. Staff is not supportive of the applicant’s request. Typically in the past staff has supported the placement of banners and pendants within shopping centers to identify the shopping center and not individual businesses. Staff has also supported the placement of banners along corridors and areas of special interest, such as the River Market District, to publicize the area of interest. Staff is not supportive of the placement of banners with business logos and names to advertise specific businesses. Staff feels to allow the advertisement banners for this automobile dealership is out of character with previous allowances and should not be allowed in this case. In addition, the previous owner made specific assurances to the neighborhood and the Commission this form of advertisement would not be requested or allowed. Staff does not feel the change in ownership should negate the previous commitments. I. STAFF RECOMMENDATION: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (DECEMBER 2, 2004) Mr. Bill Gwatney and Mr. Ron Hope were present representing the request. There was one registered objector present. Staff presented the item with a recommendation of denial. Mr. Bill Gwatney addressed the Commission on the merits of the request. He stated his firm leased the site from the owner and was not aware of previous commitments made regarding the placement of banners on the site. He stated the site held three lines of automobiles and was a difficult site to market due to ingress and egress problems. He stated he was agreeable to amending his request to allow the placement of banners on a reduced number of light poles. He stated it was important to allow banners for the three franchises held for the site and a banner for the used automobile section. Commissioner Rector questioned if he was requesting to be able to place banners in eight locations for a total of sixteen banners. Mr. Gwatney stated this was his amended request or four poles each containing two banners. Mr. Ron Hope addressed the Commission. He stated he was not aware of any neighborhood opposition to the request. He stated the banners would be tastefully constructed and properly maintained. He stated the request was very similar to the banners used by the City to advertise Boo at the Zoo. December 2, 2004 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-5803-A 6 Ms. Ruth Bell addressed the Commission in opposition to the proposed request. She stated she was around when the sign ordinance was amended in 1994 to eliminate the placement of banners on poles. She stated by allowing the banners to advertise special events or to advertise neighborhoods was acceptable but to allow the banners to advertise merchandise was not acceptable. She stated the dealership could accomplish the same goal with the placement of ground-mounted signage directing customers to particular areas. She stated the placement of banners on the poles was commercial advertisement beyond the scope of what was acceptable. She stated the neighborhood was not in attendance because the owner and the City made commitments when the PCD was approved to not allow the placement of this form of advertisement. There was a general discussion by the Commission concerning the site and the need for the placement of this advertisement mechanism to direct customers on the site. It was stated typically on a lot the sales representatives directed customers to particular areas and signage was not necessary. It was also suggested that if the automobile dealerships were allowed to use this form of advertisement other businesses such as Home Depot would also want to use banners to advertise their goods. Commissioner Rector stated he did not feel this was the same since automobiles were located outside and other businesses merchandise was located in doors. He stated he did not view this as the same request. A motion was made to approve the request as amended to allow the placement of banners on eight light poles with two banners per pole for a total of sixteen banners. The motion carried by a vote of 7 ayes, 2 noes and 2 absent. December 2, 2004 ITEM NO.: 6 FILE NO.: Z-6120-J NAME: Capitol Lakes Estates Governors Manor Long-form PD-R LOCATION: located North of Capitol Hills Boulevard at Rushmore Avenue DEVELOPER: Capitol Lakes Estates LLC P.O. Box 13256 Maumelle, AR 72113 ENGINEER: William L. Dean, Civil Design, Inc. 15104 Cantrell Road Little Rock, AR 72223 AREA: 9.12 acres NUMBER OF LOTS: 45 FT. NEW STREET: 1327 LF CURRENT ZONING: R-2, Single-family ALLOWED USES: Single-family residential PROPOSED ZONING: PD-R PROPOSED USE: Single-family residential VARIANCES/WAIVERS REQUESTED: Plat Variances - 1. A variance to allow a reduced front lot width on selected lots. 2. A variance to allow a reduced lot depth on selected lots. 3. A variance to allow a reduced minimum lot square footage on selected lots. 4. A variance to allow a reduced front yard building line on selected lots. 5. A variance to allow the development of the subdivision with private streets. BACKGROUND: The Little Rock Planning Commission reviewed a proposed preliminary plat application for the site at their April 22, 2004 Public Hearing. The Commission made a recommendation of approval of the proposed preliminary plat, which was then forwarded to the Little Rock Board of Directors for final action on September 7, 2004. The Little Rock Board of Directors denied the requested variances for the proposed December 2, 2004 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-6120-J 2 preliminary plat and suggested the applicant refile the request as a PD-R through the planned development process. The applicant is now filing the PD-R request to rezone the site and place certain conditions on the PD-R zoning as outlined below. A. APPLICANT’S STATEMENT/PROPOSAL REQUEST: The applicant is requesting the subdivision of this 9.12-acre site into 45 single- family lots through the planned development process with the creation of a plat/plan. The proposed request will result in a density of 4.9 units per acre. There are several variances from the Subdivision Ordinance being requested as a part of the development. The applicant has requested a reduced front building line, reduced lot depth, a reduced lot width on several of the proposed lots and a reduced minimum lot square footage. The applicant has also indicated the subdivision will be designed as a gated community but the gates will not be installed at this time. The proposed development indicates the average size of the lots as 50-feet by 90-feet. The proposed lots are designed to accommodate “patio” or “garden style” homes with smaller yards. Buildable areas on the lots range from approximately 4600 to 2150 square feet with the smallest allowable residence to be 1600 square feet. The proposed development will have a density of 4.9 units per acre. The lots will have a 12.5-foot front building line, 5-foot side yard setbacks, and 10-foot rear yard setback. Each lot will have a minimum of 1600 square feet of private open space. The development will construct 1327 feet of private street, built to City standard. The entrance of the development is designed to be gated at a later date if the property owners association elects to install gates. All drainage facilities will be constructed to current City standard. All structures built inside the development will be subject to approval of an Architectural Control Committee. The Developer will function as the Declarent for the Architectural Control Committee until the Development has sufficient members to fill the committee. The Declarent may appoint an Approving Agent to administer all architectural control duties, which will approve or disapprove all plans. No improvement shall be constructed or maintained on any lot unless prior approval is obtained from the Declarent. The proposed improvement plans shall indicate the location of the proposed improvement on the lot, along with any driveways or sidewalks, to ensure adequate views and privacy within the subdivision. Only one detached single- family residence not to exceed two and one-half stories in height will be placed on any lot. All residence less than 3000 square feet shall have a minimum roof pitch of 10/12 and those greater than 3000 square feet shall have a minimum roof pitch of 8/12. All roofs shall have architectural shingles. All exteriors shall December 2, 2004 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-6120-J 3 be 100 percent brick, dryvit or rock to the facia, with siding being permitted above the facia. Each lot will be allowed one accessory structure. The accessory structure will be of an architectural design and exterior finish in harmony with the residence and general surroundings. The accessory structure shall not exceed the height or floor area of the principal dwelling. No prefabricated structures or metal buildings will be permitted as accessory structures. The Declarent shall install a six foot tall wrought iron fence along all lot lines which abut Capitol Hills Boulevard and the Oasis Renewal Center, specifically the side lot line of Lots 1, 45, 37, 36, 29, and 28; which are adjacent to Capitol Hills Boulevard, and the rear lot line of Lots 9 through 28; which are adjacent to the Oasis Renewal Center. Lot owners shall not be allowed to remove or install any other fencing along those lot lines where the Declarent has installed wrought iron fencing. All privacy fences installed by the lot owner shall be six feet in height and 100 percent cedar wood. No chain link or similar fence will be used under any circumstances. Any retaining walls shall be constructed of 100 percent brick, brick or stucco material. The applicant has indicated the Property Owners Association will be responsible for maintaining the wrought iron fencing installed by the Declarent. The areas designated on the plat as Pennsylvania Court, Governors Cove, Pennsylvania Avenue, the entrance and exit gates to the property, all related landscaping islands and related structures, and all improvements are to be maintained by the Property Owners Association. The open space and Lake Governor is to be maintained by the owners of lots in the proposed subdivision in conjunction with the owners of lots in Phase 1B, Capitol Lakes Estates Addition to the City of Little Rock, Pulaski County, Arkansas. The applicant has indicated there is not a Bill of Assurance in effect for this parcel of property. B. EXISTING CONDITIONS: The site is vacant and tree covered. Capitol Hills Boulevard is in place to the south of the proposed subdivision. Rushmore Avenue has also been constructed extending to the south of Capitol Hills Boulevard. A multi-family apartment complex is located to the south of the site. That development will be constructed in three phases with the first phase complete and two additional phases proposed. Other uses in the area include the Oasis Renewal Center located northeast of the site and the Spring Valley Manor Subdivision located south of the area. Cooper Orbit Road borders the eastern boundary of the property. The roadway is a narrow unimproved roadway with deep ditches in several locations. December 2, 2004 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-6120-J 4 C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from an area resident concerning the proposed use of the property. All residents who could be identified located within 300-feet of the site, the Spring Valley Manor Homeowners Association and all owners of property located within 200-feet of the site were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Private streets must be built to the same standard as public streets. A continuous sidewalk would be required on Pennsylvania Avenue, Pennsylvania Court, and Governor’s Cove. No sidewalk would be required on the cul-de-sacs. 2. Street names and street naming conventions must be approved by Public Works. Contact David Hathcock at (501) 371-4808. 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. Prepare a letter of pending development addressing street lights as 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. Because of the exit gate arrangement, solid waste from Lots 43, 44 and 45 must be collected from the west side of Governor’s Cove. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required with easements, if service is required for the project. Relocation of existing sewer main required from under proposed Lake and embankments. Entergy: Approved as submitted. Center-Point Energy: No comment received. SBC: 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 December 2, 2004 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-6120-J 5 to normal charges. A water main extension and installation of private fire hydrants 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 918-3752 for additional information. County Planning: No comment. CATA: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Ellis Mountain Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for a Planned Residential Development -PRD for a single family plat. The density will not be greater than six homes per acres. The request does not require a change to the Land Use Plan. Master Street Plan: Capital Hills Boulevard is shown as a Minor Arterial while Rushmore Avenue and Cooper Orbit Road are shown as Collectors on the Master Street Plan. Partial improvements are in place on the streets and portions of these streets may require dedication of right-of-way and street improvements. 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. G. SUBDIVISION COMMITTEE COMMENT: (October 28, 2004) Mr. James Dreher of Civil Design Consulting Engineers was present representing the request. Staff stated the development was previously reviewed by the Commission as a preliminary plat but the associated variances were denied by the Board of Directors. Staff stated, upon encouragement by the Board of Directors the applicant had resubmitted the request as a PD-R. Staff noted there were assurances from the Bill of Assurance that could be considered through the PD-R that could not be considered with a preliminary plat. Staff requested Mr. Dreher provide additional items necessary to compete the review process. Staff requested Mr. Dreher correct the number of lots in the December 2, 2004 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-6120-J 6 general notes section of the proposed site plan. Staff also requested he provide the total acreage of the lake and the areas identified as green space on the proposed preliminary plat. Staff questioned if the development would be constructed on a single phase or in multiple phases. Mr. Dreher stated the development could be final platted in one phase. Public Works comments were addressed. Staff noted sidewalks would be required within the development. Mr. Dreher stated sidewalks would be placed on all streets except the cul-de-sac streets. Staff noted a grading permit would be required prior to final development. Staff noted the comment from Little Rock Wastewater concerning the existing sewer line located under the proposed lake. Mr. Dreher stated the sewer line would be relocated prior to construction of the lake. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan to staff on November 3, 2004 addressing most of the issues raised at the October 28, 2004 Subdivision Committee meeting. The applicant has indicated all proposed setbacks and indicated the proposed open space areas as tracts. The applicant has also indicated sidewalks as requested by Public Works. The applicant has indicated the sewer line will be relocated prior to construction of the detention basin/pond. The proposed development indicates an average lot size of fifty-feet by ninety- feet or 4,500 square feet. The proposed development will require plat variances from the Subdivision Ordinance to allow reduced front lot widths, reduced lot depths and reduced lot minimum square footage. A variance is required for Lots 2 – 35 and 38 - 44 for a reduced minimum lot width and a variance is required for Lots 1 – 34 and Lots 37 – 45 for a reduced lot depth. Lots 2 – 35 and 38 – 44 are proposed with square footages less then the required 7,000 square feet. The applicant has also indicated a front building line of twelve and one-half-feet on all the proposed lots adjacent to the interior streets. The applicant has indicated the minimum buildable area on each lot with 2,150 square feet being the minimum proposed and an average buildable area of 2,620 square feet. The applicant has also indicated the side yard setback as five feet and a rear yard setback of ten feet. The applicant has indicated the building line adjacent to Capitol Hills Boulevard as thirty-five feet, consistent with the minimum required building line adjacent to an arterial street. The applicant has indicated the development will be enclosed with a six-foot wood fence adjacent to the street and within the required building setback. The December 2, 2004 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-6120-J 7 typical maximum fencing height located within the required building setback is four-feet. Staff is supportive of the placement of the six-foot fence within the proposed building setback. The applicant has indicated the development of the subdivision with private streets. Approximately 1,318 linear feet of new street will be added as a result of the development. The development is proposed as a gated community with the gates to be added in the future should the Property Owners Association elect to do so. The applicant has indicated the call box will be located sixty-six feet from the roadway (Capitol Hills Boulevard); sufficient to allow stacking of three cars. The site plan indicates a minimum opening of thirteen feet with a center island between the two proposed gates. Typically staff is supportive of this configuration when two entrances are proposed. The applicant has indicated cul-de-sacs with a minimum fifty-foot turning radius. The proposed turning radius is typical for cul-de-sac street development and is adequate to allow turning of city vehicles such as fire and garbage collection trucks. Staff is supportive of the proposed development. The proposed development is indicated as a patio home development and the applicant has indicated a minimum buildable area sufficient to construct homes similar in size to homes in the area. The proposed density of the development is 4.9 units per acre, consistent with single-family development per the City’s Future Land Use Plan. To staff’s knowledge there are no outstanding issues associated with the proposed request. Staff feels if the proposed homes are developed as proposed, there will be minimal impact on the adjoining properties. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the conditions outlined in paragraphs D, E and F of the above report. Staff recommends approval of the requested variance to allow reduced lot widths for Lots 2-35 and 38 – 44. Staff recommends approval of the requested variance to allow reduced lots depths for Lots 1-34 and 37-45. Staff recommends approval of the requested variance to allow reduced lot minimum square footages for Lots 2-35 and 38-44. Staff recommends approval of the request to allow the development of the subdivision with private streets. December 2, 2004 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-6120-J 8 Staff recommends approval of the requested variance to allow the placement of a six-foot fence within the required building setback adjacent to Capitol Hills Boulevard. PLANNING COMMISSION ACTION: (DECEMBER 2, 2004) The applicant was present representing the request. There was one registered objector present. Staff presented the item with a positive recommendation of the proposed rezoning request. Mr. Baker Kurrus addressed the Commission with concerns for future development in the area. He stated the City had barricaded the ends of the former Cooper Orbit Road, which had effectively prohibited him access to his property. He stated the phasing plan for Capitol Lake Estates indicated access to his property would be provided by a connection through Tract C. He stated his main concern was that a new street would not be constructed and the right-of-way would be abandoned and he would no longer have access to his property. Staff stated there was a proposed connection shown on the preliminary plat for Tract C. Staff stated the right-of-way for Cooper Orbit Road had not been abandoned and accommodations would be made to allow access to his property prior to that right-of- way abandonment. A motion was made to approve the request. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. December 2, 2004 ITEM NO.: 7 FILE NO.: LU04-17-02 Name: Land Use Plan Amendment - Crystal Valley Planning District Location: 17415 Lawson Road Request: Neighborhood Commercial to Commercial Source: Kenny Loux PROPOSAL / REQUEST: Land Use Plan amendment in the Crystal Valley Planning District from Neighborhood Commercial to Commercial. The Commercial category includes a broad range of retail and wholesale sales of products, personal and professional services, and general business activities. The applicant would like to use an existing vacant building and graveled lot for a used car lot and vehicle maintenance activities. Prompted by this Land Use Amendment request, the Planning Staff expanded the area of review to include the entire Neighborhood Commercial extending southwest from the Lawson-Sullivan Road intersection. With these changes, 78% of the existing Neighborhood Commercial node would be converted to Commercial. It is thought that the additional area would make the boundaries more logical and incorporate existing businesses. EXISTING LAND USE AND ZONING: The property is partially developed with a mobile home in the center of the lot and a metal building located at the front of the lot currently zoned C-1 Neighborhood Commercial District and 1.97 acres ± in size. The application is in the Extraterritorial Planning Area and the area has several non-conforming uses. The land north of the site and on the opposite side of Lawson Road is zoned R-2 -Single Family District consisting of several single family homes and mobile homes situated on narrow lots close to Lawson Road because of the hilly terrain rising from the roadway. Northwest of the site is an area zoned C-1 -Neighborhood Commercial District similar in terrain with additional homes, an abandoned multiple bay coin carwash, and land zoned C-3 with a garage and a small auto/parts salvage yard. Directly east of the property is a CUP - Conditional Use Permit for the Crystal Volunteer Fire Department. Further east at the Lawson/Sullivan Road Intersection is a PCD with two small business uses including Wickety Wax Candle Manufacturing and Tactfully Done Upholstery. On the opposite side of Sullivan Road are two small buildings, one a seasonal sno-cone outlet and the other an office use, Custom Advertising Products, Inc. Further southeast of the property are additional single family homes fronting Lawson Road on narrow lots. South of the site are several mobile homes on single family lots fronting Minton Road and vacant wooded land. Immediately west is a PCD for a seasonal sno-cone stand and mobile December 2, 2004 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: LU04-17-02 2 home. Further to the west at Morehart Road is land zoned R-2 with several single family homes on large lots. Northwest of the property is additional R-2 land with an abandoned auto sales building with a gravel lot, and a mobile home with a small auto/parts salvage yard. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: June 1, 1999. A change was made from Single Family to Neighborhood Commercial on the south side of Lawson Road, west of Sullivan Road, expanding the existing Neighborhood Commercial to including the applicant’s property for proposed development. The surrounding areas are shown as Single Family. A node of Neighborhood Commercial 6.4 acres ± in size exists at the intersection of Sullivan and Lawson Roads. This node expands west from Sullivan Road on the south side of Lawson Road to include the applicant’s property. MASTER STREET PLAN: Lawson Road and Sullivan Road are shown as Minor Arterials on the Master Street Plan. The purpose of a Minor Arterial is to provide connections to and through an urban area. Lawson Road may require dedication of right-of-way and may require street improvements. Existing or proposed Class I, II, or III bikeways are not in the immediate vicinity of the development. PARKS: The property under review is not located in a recognized Park Planning District and does not show any existing or proposed parks in the 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. December 2, 2004 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: LU04-17-02 3 ANALYSIS: This section of Lawson Road lies in a rural area of Pulaski County and was added to the City’s Extraterritorial Planning Jurisdiction March 1, 1988. The present Neighborhood Commercial was established in 1992 to represent a small commercial node at the intersection of two minor arterial streets. Typically commercial areas are located at major intersections and limited to approximately five acres. The Neighborhood Commercial area was chosen to provide low intensity commercial activities in the area while protecting the area’s rural character. Originally (1992) the area shown as Neighborhood Commercial was 2.4 acres ± in size and on June 1, 1999 Ordinance #18,030 was approved expanding the Neighborhood Commercial area from the southwest corner of the Sullivan-Lawson Road intersection towards the applicant’s property which was shown as Single Family. This expansion was initiated at the request of the owner of the land in 1999, not the present applicant. The expansion added 4.2 acres ± of Neighborhood Commercial bringing the total amount shown to 6.4 acres ±, more than double that of 1999. The existing Neighborhood Commercial area is surrounded by numerous single family homes in a rural atmosphere. Because of steep terrain on the north side of the roadway, a majority of the homes have situated themselves close to the roadway giving this section of Lawson Road a rural community atmosphere. The existing area presently shown as Neighborhood Commercial is more than adequate for area residents at this time. Due to the topography of the area developments on the north side of Lawson Road will have to be smaller scale to prevent major cuts or fills, which is supportive of the Neighborhood Commercial concept. Also, when future street improvements are made to Lawson Road topography will prevent large commercial development from occurring on the north side of the property. Showing this land as Commercial would result in a strip of Commercial shown on the south side of Lawson Road. Identifying a strip of Commercial could lead to large scale high intensity strip commercial development, which could be incompatible with adjacent uses. Incompatible uses could result in pressure to expand the Commercial in the area resulting in larger scale more intense uses. Due to the topography north of Lawson Road large scale Commercial uses will be limited unless major cut and fill operations are undergone. Further changes could also result in a higher intensity Commercial node at the Stewart and Lawson Roads intersection. Since the area in question is shown as Neighborhood Commercial, uses could be limited in scale and intensity leading to more desirable commercial activities. The Neighborhood Commercial shown does indicate a strip of Commercial on the south side of Lawson Road and could lead strip commercial. However, since it is Neighborhood Commercial, scale and intensity can be limited making future development more compatible with surrounding land uses. Limiting uses in this area to Neighborhood Commercial will be more compatible with surrounding Single Family and the existing Neighborhood Commercial in the area. December 2, 2004 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: LU04-17-02 4 Almost 90%, 5.6 acres ±, of the Neighborhood Commercial shown is being used for commercial or office use. Generally the businesses located in the area are not targeted at the immediate area residents. Auto repair, candle manufacturing, scrap yards, advertising agencies, and upholstery typically draw from a larger demographic area as compared to the local sno-cone shops. In turn showing this area as Commercial might better recognize the existing businesses in the area and facilitate similar businesses in the future. However, in the area there is an abundance of land shown as Commercial or Mixed Commercial Industrial. This Neighborhood Commercial area makes up just 25% of the 33 acres ± identified for commercial uses within a mile of the site. Uses of higher intensities have been centered at the intersection of Marsh and Lawson Roads while the lower intensity uses have been centered at the present location of the Neighborhood Commercial. Changing this area to a higher intensity use could be considered premature due the amount of Commercial shown less than a mile west of the property. The land west of the application is more suitable for Commercial activities focusing on a larger demographic area. NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood associations: Crystal Valley Property Owners Association and the Plantation House Homeowners Association. Staff has received four comments from area residents. None are in support, two are opposed to the change, and two were neutral. STAFF RECOMMENDATIONS: Staff believes the change is not appropriate. A Neighborhood Commercial area provides low intensity uses to a local area. Higher intensity commercial uses would be incompatible with the existing rural residential character of the community, and land is shown less than a mile west that can facilitate the applicant’s request. PLANNING COMMISSION ACTION: (DECEMBER 2, 2004) The item was placed on the consent agenda for deferral to the January 20, 2005 Planning Commission meeting. A motion was made to wavier the by-laws for a five-day notice to defer prior to the Planning Commission meeting. That motion was made and approved with a vote of 9 ayes, 0 noes, and 2 absent. A motion was made to approve the consent agenda and was approved with a vote of 9 ayes, 0 noes and 2 absent. December 2, 2004 ITEM NO.: 7.1 FILE NO.: Z-6683-A NAME: Loux Short-form PCD LOCATION: located at 17415 Lawson Road DEVELOPER: Kenny Loux 18305 Lawson Road Little Rock, AR 72210 ENGINEER: Delton Brown Land Surveying 2421 County Line Road Little Rock, AR 72210 AREA: 1.97 Acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 CURRENT ZONING: C-1, Neighborhood Commercial District and R-2, Single-family District ALLOWED USES: Limited retail development adjacent to neighborhoods and Single-family PROPOSED ZONING: PD-C and R-2 PROPOSED USE: Used car automobile dealership and Single-family Variance/Waivers: 1. A five year deferral of the required Master Street Plan improvements to Lawson Road. BACKGROUND: Ordinance No. 18,063 adopted by the Little Rock Board of Directors on July 20, 1999, rezoned the north 180-feet of the site from R-2, Single-family to C-1, Neighborhood Commercial and left the remainder of the site zoned R-2, Single-family District. A Conditional Use Permit was also approved for the site to allow a furniture repair business to operate on the site. An older singlewide manufactured home was located on the southern half of the tract, which remained zoned R-2, Single-family. The applicant proposed the construction of a new 40-foot by 80-foot metal building on the December 2, 2004 SUBDIVISION ITEM NO.: 7.1 (Cont.) FILE NO.: Z-6683-A 2 north one half of the site. Signage was to be limited to signage allowed in offices zones or six feet in height and sixty-four square feet in area. Deed Document No. 2000024890 indicates a dedication of right-of-way to the City of Little Rock 20 of additional feet from the south right-of-way line of Lawson Road. A. PROPOSAL/REQUEST: The applicant proposes the rezoning of the portion of this 1.97-acre parcel previously zoned from C-1, Neighborhood Commercial District (the north 180- feet) to PD-C to allow the sale of used automobiles from the site. The remainder of the property will remain zoned R-2, Single-family District. The property is located outside the City Limits but within the Extraterritorial Planning Jurisdiction. The applicant has indicated the existing building will be used for vehicle maintenance. The applicant’s cover letter indicates vehicle maintenance will include repair or replacement of worn parts and damaged body parts. The site plan also indicates 36 parking spaces for the display automobile inventory. The proposed site plan includes two areas for building expansion. The site plan includes the placement of a 30-foot by 40-foot addition to the west side of the building and the addition of a 60-foot by 30-foot area to the rear of the building. The applicant has indicated these expansion areas for potential growth should the need arise in the future. The applicant has indicated employee parking will be located in the rear of the building. The site plan indicates paved areas will be constructed of ground asphalt compacted to a minimum of four inches. The material will then be sealed to maintain the hard surface. The applicant is requesting a five (5) year deferral of the required street improvements to Lawson Road. The applicant has indicated there is not a Bill of Assurance in effect for this parcel of property. B. EXISTING CONDITIONS: The property is located outside the City limits but within the City’s Extraterritorial Planning Jurisdiction. The area is very rural in nature with the predominate land uses being single-family homes on large tracts and large tracts of undeveloped property. A small commercial node is located just east of this site, at the intersection of Lawson and Sullivan Roads. Several small businesses are located at that intersection. There is a local volunteer fire department and a small commercial business located adjacent to the site. December 2, 2004 SUBDIVISION ITEM NO.: 7.1 (Cont.) FILE NO.: Z-6683-A 3 C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received one informational phone call from an area resident concerning the proposed use of the property. All residents who could be identified located within 300-feet of the site and all owners of property located within 200-feet of the site were notified of the public hearing. There is not an active neighborhood association located in the area. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Lawson Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45-feet from centerline will be required. 2. With future construction, provide design of street conforming to the Master Street Plan for a five lane arterial. Construct one-half street improvement to the street with the planned development or obtain a Board of Directors deferral of street construction. 3. The site is outside of the existing corporate limits. No storm water detention or grading permits are required. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Outside the service boundary. No comment. Entergy: Approved as submitted. Center-Point Energy: No comment received. SBC: No comment received. Central Arkansas Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. The Fire Department having jurisdiction needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer's expense. Fire Department: Approved as submitted. County Planning: A 40-foot building line is required along all property lines that adjoin residential properties. Indicate owners and uses of all adjoining parcels on the site plan. December 2, 2004 SUBDIVISION ITEM NO.: 7.1 (Cont.) FILE NO.: Z-6683-A 4 Indicate the actual right-of-way line. The County will not allow a cable fence to be installed less than 20-feet from centerline of Lawson Road, it is neither legal nor safe. All driveways accessing County roads require permitting from Pulaski County Road and Bridge (501) 340-6800. CATA: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Crystal Valley Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for a Planned Commercial Development -PCD for a used car lot featuring 30-40 vehicles. Vehicle maintenance and repair will be done in an existing building on site. A land use plan amendment for a change to Commercial is a separate item on this agenda (File No. LU04-17-02 – Item #7). Master Street Plan: Lawson Road and Sullivan Road are shown as Minor Arterials on the Master Street Plan. The purpose of a Minor Arterial is to provide connections to and through an urban area. Lawson Road may require dedication of right-of-way and may require street improvements. 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: The plan submitted does not allow for the 28-foot wide on-site street buffer required along Lawson Road. A six 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. G. SUBDIVISION COMMITTEE COMMENT: (October 28, 2004) Mr. Kenny Loux 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 Mr. Loux provide details of the proposed vehicle maintenance to be performed on the site. Mr. Loux stated limited bodywork would be preformed on automobiles but no parts December 2, 2004 SUBDIVISION ITEM NO.: 7.1 (Cont.) FILE NO.: Z-6683-A 5 would be stored on the site. Staff also requested a detailed parking plan. Mr. Loux stated automobiles would be placed along the western perimeter and along the roadway frontage of Lawson Road. Public Works comments were addressed. Staff stated the required right-of-way dedication would be 45-feet from centerline. Mr. Loux questioned the required right-of-way to meet County standard. Pulaski County Planning staff stated 25- feet. Mr. Loux questioned if the dedication could meet the County standard and not City standard. Staff stated not without a waiver from the Little Rock Board of Directors concerning the Master Street Plan requirements. (It was later determined the right-of-way is currently in place at 45-feet from the centerline.) Mr. Loux also stated to install the street improvements at this time would be a hardship. Staff stated he could seek a deferral from the Little Rock Board of Directors concerning the required improvements. Landscaping comments were addressed. Staff stated the proposed site plan did not meet the minimum ordinance requirement of 28-feet. Staff stated at a minimum a landscape strip of nine feet would be required along Lawson Road to meet the City Beautiful Commission requirement. Staff stated less than nine feet would require the applicant to make application to the City Beautiful Commission for relief. County Planning comments were addressed. Staff stated the proposed gate would not be allowed in the location indicated. Staff stated the location was not legal and created a safety concern. 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 plan to staff addressing most of the issues raised at the October 28, 2004 Subdivision Committee meeting. The applicant has indicated a detailed parking plan for the site. The applicant has also indicated only minor engine repair and minor body repair will be conducted on the site. The applicant has indicated there will be no storage of parts or materials on the site other than automobiles display. The applicant is requesting the placement of automobiles within the existing right-of-way and the placement of a cable fence within the existing right-of-way. The applicant has indicated the hours of operation will be from 7:00 am to 8:00 pm six days per week. The applicant has indicated there will not be a dumpster located on the site. The applicant is not requesting any ground signage as a part of the development. The site plan includes the placement of signage on the awning located on the front of the building. The applicant has indicated there will December 2, 2004 SUBDIVISION ITEM NO.: 7.1 (Cont.) FILE NO.: Z-6683-A 6 be four employees of the business. The applicant has also indicated site lighting will be low level and directional, directed inward away from residentially zoned properties. The applicant has indicated two expansion areas. One expansion area is located to the west of the building and is located approximately 35-feet from the Lawson Road property line and approximately 15.3 feet from the western property line. The second expansion area is located to the rear of the existing building. The applicant has indicated these expansion areas are to allow for future growth. The expansion areas are estimated at 1200 square feet and 1800 square feet. Employee parking has been designated adjacent to the rear expansion area. The applicant has indicated display parking on the proposed site plan. The applicant has indicated 14 parking spaces fronting Lawson Road within the existing right-of-way. The applicant has also indicated 22 parking spaces along the western property line. The total available display parking indicated is 36 parking spaces. The applicant has indicated parking will be constructed of reclaimed asphalt grindings compacted with 6-inches to 8-inches of material, rolled and seal coated within one year. The existing manufactured home on the site is to remain. The home is used as a residence and is not proposed as any alternative uses. Access to the home is located along the eastern property line by a single drive shared by the proposed automobile dealership. The applicant is requesting a waiver of the required landscaping on the site. The typical minimum ordinance requirement for a site of this depth would be a 28-foot wide on-site street buffer along Lawson Road and a six 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. The site plan does not include any areas identified for landscape or land use buffers. Staff is not supportive of the proposed request. The indicated site plan does not comply with current city ordinances and county ordinances with regard to building setbacks and landscaping. Per the current County Ordinances, all buildings should be set a minimum of 40-feet from all property lines. The building with expansion is indicated at approximately 35-feet from the front property line and 15.3 feet from the western property line. To be allowed the expansion areas a variance from Pulaski County Planning Board would have to be approved. Staff does not feel approving a site plan that does not meet current County requirements is appropriate without the County Planning Board first approving the variances. The site was zoned C-1, Neighborhood Commercial District with a Conditional Use Permit to allow furniture repair on the site. Staff feels the requested use as December 2, 2004 SUBDIVISION ITEM NO.: 7.1 (Cont.) FILE NO.: Z-6683-A 7 a automobile dealership with automobile body repair (which is typically allowed in C-4, Open Display District) is too intense for the site. In addition, staff is not supportive of the placement of the indicated cable fence within the existing right- of-way. The placement of the cable within the right-of-way creates a safety concern as well as a liability concern for the County. Staff is also not supportive of the applicant’s request to display vehicles within the existing right-of-way. The applicant has indicated the additional area is needed to allow the use of the site as an automobile dealership. Staff feels the applicant may be trying to do too much on the site if this 20-feet is required to make the project work. Staff feels the site should utilize the existing neighborhood commercial uses as was previously approved. Staff feels the open display district is too intense for the area. I. STAFF RECOMMENDATION: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (DECEMBER 2, 2004) The applicant was present representing the request. There were no registered objectors present. Staff stated the applicant had submitted a letter requesting the item be deferred to the January 20, 2005 public hearing. Staff stated the request would require a waiver of the By-laws for the late deferral request. A motion was made to waive the By-laws for the later deferral request. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. There was no further discussion of the item. A motion was made to place the item on the Consent Agenda for Approval. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. December 2, 2004 ITEM NO.: 8 FILE NO.: Z-7025-B NAME: Creekwood Plaza Revised Long-form PCD LOCATION: located on the Northeast corner of Kanis Road and Bowman Road DEVELOPER: Creekwood Plaza LLC c/o Davis Properties P.O. Box 241025 Little Rock, AR 72223 ENGINEER: Terry Burruss Architects 1202 Main Street Little Rock, AR 72202 AREA: 6.41 Acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 CURRENT ZONING: PCD ALLOWED USES: Office/Warehouse/Commercial PROPOSED ZONING: Revised PCD PROPOSED USE: Office/Warehouse/Commercial – allowance for outdoor dining and a change in allowed uses. VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: The Board of Directors adopted Ordinance No. 18,515 on July 3, 2001, establishing West Park Office Centre – Long-form PCD. The applicant proposed to construct eight (8) buildings to be used as a mixed office warehouse development. The proposed use mix was as follows: Buildings A – D 60% Commercial (C-3 permitted uses) 40% General /Professional Office Building E General/Professional Office Buildings F - H Office/Office-Warehouse, with a maximum of 70% warehouse space December 2, 2004 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-7025-B 2 The proposed development was to have approximately 28,830 square feet of commercial space, 45,830 square feet of office space and 25,410 square feet of warehouse space. The development was proposed to have 233 parking spaces. There were to be two access points; one driveway from Kanis Road and one driveway from Bowman Road. The proposed site plan included a monument-type ground- mounted sign near the southwest corner of the property. The applicant indicated the sign would have a maximum height of eight (8) feet and maximum area of 160 square feet. The development was to be developed in two (2) phases. Phase I was to include Buildings A – C, associated parking areas and a single access point from Bowman Road. The Bowman Road improvements and a portion of the Kanis Road improvements were to be made during Phase I construction. The applicant indicated the remainder of the site was to remain undisturbed until Phase II construction began. The applicant also indicated building elevations and description of the proposed buildings as a part of the previous PCD. The applicant proposed the hours of operation to be 6:00 am to 9:30 pm Monday – Saturday. The Planning Commission reviewed a request at their August 8, 2002, Planning Commission Public Hearing to amend the previously approved PCD to remove the percentage mix placed on Buildings A – D and to extend the hours of operation for the site. The applicant proposed the hours of operation as 6:00 am to 12:00 am seven days a week. The applicant indicated, due to leasing constraints, his desire was to no longer have a 60% Commercial and 40% Office limit placed on the buildings facing Bowman and Kanis Roads. The application included a marketing plan for the units as 100% commercial (or office) uses with C-3 uses being the allowable uses requested. The applicant indicated Buildings E – H would remain as previously approved; Office/Office Warehouse with a maximum of 70% Warehouse. Parking remained as previously approved, 233 parking spaces. The applicant amended the request prior to the August 8, 2002, Planning Commission hearing to only revise the hours of operation and eliminate the requested to market the site as a 100 percent commercial development. On September 3, 2003, the Little Rock Board of Directors adopted Ordinance No. 18,740, revising the PCD to allow the hours of operation to be extended to include 6:00 am to 12:00 am seven days per week. The use mix was not changed. A. PROPOSAL/REQUEST: The applicant is now proposing to revise the allowable uses to the site in Buildings F and G. The applicant is requesting to be allowed warehouse storage separate from office uses in these two building to give the owner flexibility in renting the spaces. Currently the PCD allows for office/warehouse activities in these two indicated buildings. The applicant has indicated the desire to be December 2, 2004 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-7025-B 3 allowed to rent to a warehouse user who does not require office space or an office user who does not require warehouse space. In addition, the applicant is proposing to add areas for outdoor dining. There have been five areas identified for outdoor dining. The applicant has indicated each of the areas will have various size tables and seating capacities. The applicant has indicated three - four person tables, two - two person tables, six - four person tables and eight - four person tables to be located along the existing sidewalk but still allow sufficient area to meet minimum ADA requirements. The applicant has also indicated additional parking on the site. The applicant has indicated parking will be added to the rears of Buildings B, C, D and G. The applicant estimates eight to twelve new parking spaces will be added in these areas. The applicant has indicated there is not a Bill of Assurance in effect for this parcel of property. B. EXISTING CONDITIONS: The site is being developed as an office/commercial center with the development complete and the front buildings occupied. There is a plant nursery which is being demolished across Bowman Road to the west, a plumbing contractor’s business and office use immediately east, a commercial development to the north along the east side of Bowman Road and the Wal-Mart/Sam’s development across Bowman Road to the northwest. South of the site, across Kanis Road, are commercial uses and zoning. Uses include a strip retail center a liquor store and a vacant lot zoned O-3. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents concerning the proposed use of the property. All residents who could be identified located within 300-feet of the site, the John Barrow Neighborhood Association, the Gibralter Heights/Point West/Timber Ridge Neighborhood Association and all owners of property located within 200-feet of the site were notified of the public hearing. D. ENGINEERING COMMENTS: Public Works: No comment regarding proposed use change. December 2, 2004 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-7025-B 4 E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Any food preparation facilities will require installation of a grease trap. Contact Little Rock Wastewater Utility at 688-1414 for additional details. Entergy: Approved as submitted. Center-Point Energy: No comment received. SBC: No comment received. Central Arkansas Water: No objection to allowing storage by individuals in this complex. Fire Department: Approved as submitted. County Planning: No comment. CATA: No comment. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the I-430 Planning District. The Land Use Plan shows Mixed Office Commercial for this property. The applicant has applied for a Revised Long Form Planned Commercial Development -PCD to add the option of warehouse in portions of two of the buildings that are currently shown as office showroom warehouse. Since the two structures are built, not visible from Kanis or Bowman Roads, and the use change is a minor change in comparison to the overall PCD, a land use plan amendment is not required. Signage should be limited to the standards defined in the existing PCD. Master Street Plan: Kanis and Bowman Roads are shown as a Minor Arterials on the Master Street Plan. The purpose of a Minor Arterial is to provide connections to and through an urban area. Half street improvements have been made to Kanis and Bowman Roads adjacent to this property. City Recognized Neighborhood Action Plan: The applicant’s property lies in the area covered by the Walnut Valley Neighborhood Action Plan. The Community Redevelopment (Land Use) Goal states, “Maintain and reinvigorate existing retail areas to provide active retail for local residents.” This application does not reuse a vacated structure, but introduces new use possibility to new and vacant construction. Filling vacant space at the rear of the development could strengthen the retail uses in the area. December 2, 2004 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-7025-B 5 Landscape: Areas indicated as outdoor dining must not intrude into the required building landscaping or the required perimeter landscaping. G. SUBDIVISION COMMITTEE COMMENT: (October 28, 2004) Mr. Terry Burruss was present representing the applicant. Staff stated the proposed request was to amend an existing PCD to allow for the placement of outdoor seating areas on the site and to allow portions of existing buildings to be utilized as warehouse storage separate from an office user. Mr. Burruss stated the developer was having difficulty leasing the space and was requesting the option to allow individual warehouse users or office warehouse users. Staff requested Mr. Burruss provide details of any additional signage proposed. Staff also requested Mr. Burruss provide the location of any additional parking proposed. Mr. Burruss stated no new signage was being proposed but additional parking was being proposed. He stated he would locate the new parking on the site plan for staff’s review. Landscaping comments were addressed. Staff questioned if the indicated outdoor dining was intruding into the required landscape strip or building landscaping. Mr. Burruss stated he did not feel this was the case but he would detail the areas for staff to alleviate their concerns. 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 provided a revised site plan to staff addressing most of the issues raised at the October 28, 2004 Subdivision Committee meeting. The applicant has indicated there will be no change in signage as a part of the revision to the PCD. The applicant has also indicated the proposed new parking on the site plan. The applicant has indicated the development of eight to twelve new parking spaces to the rears of Buildings B, C, D and G. The applicant has also indicated the development of outdoor dining areas on the proposed site plan. The applicant has indicated five areas identified for outdoor dining. The applicant has indicated each of the areas will have various size tables and seating capacities. The applicant has indicated three - four person tables, two - two person tables, six - four person tables and eight - four person tables to be located along the existing sidewalk but still allow sufficient area to meet minimum ADA requirement. Three of the indicated outdoor dining areas are designated in front of existing restaurants. The other two locations allow for future restaurant locations, which would have the option of outdoor seating. December 2, 2004 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-7025-B 6 Per section 36-298(8), areas of outdoor dining shall not be located in the public right-of-way nor shall it obstruct pedestrian movement, fire lanes, access to any business or areas designated for access by the physically impaired. In addition, the number of seats must not exceed fifty percent of the number of seats within the eating place and on-site parking shall be provided for the area of outdoor dining based on the parking space per square foot required for restaurants established in Section 36-502. Staff is supportive of the placement of outdoor dining areas, which do not effect the required landscaping or decrease the available parking. Staff has concerns with the number of tables proposed with regard to landscaping and parking. Staff is continuing to work with the applicant on a detailed table location plan to ensure all required landscaping is maintained and with regard to the number of tables proposed with relation to the available parking. The applicant is also requesting to revise the PCD to allow the addition of warehousing to the site independent of an office user. The applicant has indicated the desire to market the site to an office user independent of warehousing activities or a warehouse user independent of an office use. Staff is supportive of this request. Staff is supportive of the applicant’s request to amend the PCD to allow for a change in the uses designation to allow warehousing activities independent of office use and vise versa for Buildings F and G, the additional parking and outdoor dining areas provided all previously approved technical requirements are still adhered to with regard to parking and landscaping. As previously stated staff will continue to work with the applicant with regard to the placement of additional parking and the outdoor dining. Staff feels the proposed warehousing activity should have no impact on the development if approved as proposed. I. STAFF RECOMMENDATION: Staff recommends approval of the request to allow warehousing on the site independent of an office user and office uses independent of a warehouse user for Buildings F and G and to add eight to twelve parking spaces on the site subject to compliance with the conditions outlined in paragraphs D, E and F of the above report. Staff recommends approval of the request to add outdoor dining on the proposed site provided the dining areas do not intrude into the required landscaped areas and the proposed addition seating meets the minimum parking required per the existing Zoning Ordinance. December 2, 2004 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-7025-B 7 PLANNING COMMISSION ACTION: (DECEMBER 2, 2004) Mr. Terry Burruss was present representing the request. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request to allow warehousing on the site independent of an office user and office uses independent of a warehouse user for Buildings F and G and to add eight to twelve parking spaces on the site subject to compliance with the conditions outlined in paragraphs D, E and F of the above report. Staff also presented a recommendation of approval of the request to add outdoor dining on the proposed site provided the dining areas did not intrude into the required landscaped areas and the proposed addition seating met the minimum parking required per the existing Zoning Ordinance. There was no further discussion of the item. A motion was made to place the item on the Consent Agenda for Approval. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. December 2, 2004 ITEM NO.: 9 FILE NO.: Z-7346-A NAME: Grandpa’s Catfish Revised Short-form PCD LOCATION: located at 9219 Stagecoach Road DEVELOPER: Grandpa’s Catfish c/o BCC 2225 South Main Street Little Rock, AR 72206 ENGINEER: BCC 2225 South Main Street Little Rock, AR 72206 AREA: 2.15 Acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 CURRENT ZONING: PCD ALLOWED USES: Restaurant PROPOSED ZONING: Revised PCD PROPOSED USE: Restaurant – Revised dumpster location VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: The Little Rock Planning Commission denied a proposal to rezone the site located at 9219 Stagecoach Road from R-2, Single-family to PCD to allow the existing single- family structure and allow a second structure (a 40-foot by 70-foot steel building) to act as a restaurant on March 20, 2003. The applicant appealed the decision to the Board of Directors and was heard at their May 20, 2003, Public Hearing. The Little Rock Board of Directors voted to approve the request by the adoption of Ordinance No. 18,868. The steel building was to be connected to the single-family structure with a breezeway. The original structure was to be used as a waiting area for customers waiting to be seated, three (3) party rooms for groups that need privacy, office space, and storage. December 2, 2004 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-7346-A 2 The party rooms would each seat approximately 20-guests per room. The secondary structure would house the kitchen, scullery and handicap accessible restrooms (approximately 40% of the building) leaving approximately 1680 square feet for seating. The applicant proposed the seating capacity of the secondary structure to be 150 to 160 patrons. The applicant proposed 57 parking spaces as a part of the development. The applicant proposed a 5-foot by 10-foot double-sided painted steel sign to be located in the front landscaped area. The applicant estimated the number of employees to range from twelve (12) to fifteen (15) and the operation hours from 4:30 pm to 9:30 pm Tuesday through Sunday. The applicant indicated the restaurant would be closed on Mondays. A. PROPOSAL/REQUEST: The original site plan for Grandpa’s Catfish included the placement of a dumpster pad near the rear of the building. The plan also included one 4000 gallon grease trap that was to be located close to the dumpster pad. The applicant has indicated the State Department of Health required the design be modified from one 4000 thousand gallon grease trap to two 2000 gallon grease traps to be installed in-line. The new design resulted in the need for a change in location of the dumpster and pad. The change would have required the dumpster to be located in the parking area which was not acceptable to the owner since parking would have been diminished. The applicant relocated the dumpster to the front of the building without consulting staff prior to the relocation. The applicant has indicated the error in locating the dumpster without prior approval was not intentional; only a miscommunication between all parties. The applicant is requesting the site plan be revised to allow the placement of the dumpster adjacent to the roadway. The applicant’s cover letter indicates the solution for relocating the dumpster to the rear of the building will cost approximately $20,000. The applicant has indicated there is not a Bill of Assurance in effect for this parcel of property. B. EXISTING CONDITIONS: The site contains a newly completed restaurant with single-family homes located to the north and south of the site. A home occupation (a beauty shop) is located in the home to the north. The area to the east of the site is floodplain and floodway. December 2, 2004 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-7346-A 3 Across Stagecoach Road (to the west) is a mix of uses contained in the Stagecoach Village Development. The Stagecoach Village Development commercial and office uses front Stagecoach Road and the residential portion of the development is located further west. There are single-family homes located to the northwest of the site fronting Stagecoach Road. Other uses in the area include two (2) churches, vacant O-1 zoned property, the site of the Chapel Ridge Apartments and a major transmission power line. Currently under construction is a Planned Residential Development located west of Stagecoach Road, which includes attached and detached single-family homes. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents concerning the proposed use of the property. All residents who could be identified located within 300-feet of the site, the Otter Creek Homeowners Association, Southwest Little Rock United for Progress and all owners of property located within 200-feet of the site were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: Public Works: No comment regarding the proposed dumpster location. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: No comment regarding the placement of the dumpster. Entergy: No comment received. Center-Point Energy: No comment received. SBC: No comment received. Central Arkansas Water: No objection to placement of dumpster. Fire Department: No comment. County Planning: No comment. CATA: No comment received. December 2, 2004 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-7346-A 4 F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Otter Creek Planning District. The Land Use Plan shows Office for this property. The applicant has applied for a revision to a PCD - Planned Commercial Development for location of a screened dumpster. The applicant’s initial filing was heard at the February 6, 2003 Planning Commission Hearing with a land use plan amendment (LU03-16- 01) requesting a change to Commercial which was denied. The applicant appealed the proposed rezoning request to the Board of Directors but did not appeal the Land Use Plan amendment. At this time the addition of a dumpster is of minimal change to the approved PCD. Since this is not a use change but a design issue, a Land Use Plan Amendment is not needed for the requested revision to the PCD. Master Street Plan: Stagecoach Road is shown as a Minor Arterial that is built to the Master Street Plan standards of a four-lane Minor Arterial with Bike Lanes. A Class II Bikeway is shown on Stagecoach Road from Brodie Creek to County Line Road. City Recognized Neighborhood Action Plan: The applicant’s property lies in the area covered by the Otter Creek / Crystal Valley Neighborhood Action Plan. The first objective recommends limiting commercial and office development in the “heart” of the planning area (located on Stagecoach Road between Baseline and Otter Creek Roads) to that which serves the neighborhood (C-1 uses). In addition, the first objective supports placing the more intense uses on the periphery of the study area. The second objective discourages construction of large, warehouse type facilities, and those of large scale and/or high intensity uses, within the “heart” of the planning area. This application is located at the northern edge of the “heart” of the study area as described by the neighborhood action plan. Landscape: Staff recommends the dumpster enclosure be constructed of brick or architectural block and its perimeter be softened with evergreen shrubs. G. SUBDIVISION COMMITTEE COMMENT: (October 28, 2004) The applicant was not present. Staff presented an overview of the proposed development indicating there were few outstanding issues associated with the proposed request. Staff stated they would contact the applicant prior to the public hearing to resolve any outstanding issues associated with the proposed request. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. December 2, 2004 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-7346-A 5 H. ANALYSIS: Staff has met with the applicant concerning the issues remaining from the October 28, 2004, Subdivision Committee meeting. The applicant has indicated the dumpster enclosure will be reconstructed of a more substantial material to lessen the visual impact from Stagecoach Road. The original site plan included the reuse of an existing single-family structure on the site. The applicant later determined the reuse of the structure was not feasible and removed the home and constructed a new building. Staff does not feel this alteration to the original site plan is significant and is supportive of the new construction. Staff is supportive of the applicant’s request to relocate the proposed dumpster from the original location near the rear of the building to the new location in front of the building along Stagecoach Road. The Zoning Ordinance typically does not allow dumpsters to be placed along the street side but with the enhanced screening and the placement of landscaping around the enclosure, staff feels the negative impacts will be mitigated. The applicant has agreed the dumpster enclosure will be constructed of a brick or architectural block material to add stability to the enclosure. The applicant has also agreed landscaping will be added to soften the impact of the structure and enhance the visual appearance of the enclosure. There is not a Bill of Assurance in effect for the property. To staff’s knowledge there are no other outstanding issues associated with the proposed request. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the conditions outlined in paragraphs D, E and F of the above report. PLANNING COMMISSION ACTION: (DECEMBER 2, 2004) The applicant was present representing the request. There were no registered objectors present. Staff presented the item stating to their knowledge there were no outstanding issues associated with the proposed request. Staff presented a recommendation of approval of the request subject to compliance with the conditions outlined in paragraphs D, E and F of the above report. There was no further discussion of the item. A motion was made to place the item on the Consent Agenda for Approval. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. December 2, 2004 ITEM NO.: 10 FILE NO.: LU04-01-07 Name: Land Use Plan Amendment - River Mountain Planning District Location: Cantrell Road west of Pinnacle Valley Drive Request: Transition and Suburban Office to Mixed Use Source: Joe White, White Daters Engineering PROPOSAL / REQUEST: Land Use Plan amendment in the River Mountain Planning District from Transition and Suburban Office to Mixed Use. The Mixed Use category provides for a mixture of residential, office and commercial uses to occur. A Planned Zoning District is required if the use is entirely office or commercial, or if the use is a mixture of the three. The Land Use Plan shows Suburban Office & Transition for this property. The applicant has applied for a POD -Planned Office Development for a mixed use development. The applicant has previously applied for a POD and a Land Use Plan Amendment from Transition and Suburban Office to Mixed Use that was withdrawn without prejudice at the June 3, 2004 Planning Commission hearing. EXISTING LAND USE AND ZONING: The property is a house built on a large lot and currently zoned R-2 Single Family and is about 3.58 acres in size. The remainder of the expanded area includes a single family home and an out building on a large lot and currently zoned R-2. The vacant land to the north is zoned R-2 Single Family. The property to the east is zoned Planned Commercial Development with a recently constructed Walgreen’s and a Catfish City Restaurant under construction, both at the intersection of Cantrell and Taylor Loop Roads. Further to the east is a development zoned C-3, General Commercial District, anchored by a hardware store and other small offices and restaurants. The land to the southeast is a Planned Commercial Development for the David Claiborne furniture store and the Victorian Garden Restaurant. Further southeast is a POD, PDO-Planned Development Office, and even farther southeast are areas zoned as R-2 and PCD - Planned Commercial Development, for a bank, church, offices, hair salon, animal clinic and single-family homes. The land to the south and southwest is mostly vacant land zoned R-2 with a single family development backing onto Cantrell Road and PR for parks and recreational use. The property to the west is zoned PDO with a Bank of the Ozarks at the front of the lot and a two story office building at the rear. Further to the west are several PODs consisting of homes converted into offices. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: On April 6, 2004, a change was made from Transition to Commercial about a quarter mile northeast of the applicant’s property at Cantrell Road and the east leg of Taylor Loop Road, immediately northeast of the expanded area, to accommodate proposed development. December 2, 2004 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: LU04-01-07 2 On August 19, 2003 a change was made from Transition to Commercial to about a half mile to the northeast of the property on the north side of Cantrell Road just east of Pinnacle Valley Drive to accommodate a proposed development. On February 18, 2003 multiple changes were made within a 1 mile radius of the project site recognize existing conditions. These include Transition to Suburban Office north of the site, Transition to Single Family about quarter mile west of the site, Transition to Commercial about a half mile east of the site and on the opposite side of Cantrell Road, and Transition to Single family about one mile due east of the site The applicant’s property is shown as Suburban Office and Transition on the Future Land Use Plan. The neighboring land to the north is shown as Single Family. The property to the east and southeast is shown as Commercial. The property south of the amendment area is shown as Transition and Single Family. The property to the southwest is shown as Single Family and Park / Open Space. The area to the west is shown as Suburban Office. MASTER STREET PLAN: Cantrell Road is shown as a Principal Arterial on the plan. Cantrell Road is built as a five-lane road through that area. The primary function of a Principal Arterial is to serve through traffic and connect major traffic generators or activity centers within urbanized areas. Cantrell Road may require dedication of right-of-way and street improvements. Since this property is located on a Principal Arterial, access to the site should be minimized and should not impede through traffic. Existing or proposed Class I, II, or III bikeways are not in the immediate vicinity of the development. PARKS: The Little Rock Parks and Recreation Master Plan of 2001 shows the Taylor Loop Park located a short distance to the southwest of the applicant’s property. Taylor Loop Park is shown as a park of 35.0+ acres. Taylor Loop Park is listed as an undeveloped Community Park intended to remain as a passive open space parcel of undeveloped land and is designed to serve the open space needs of several neighborhoods. HISTORIC DISTRICTS: There are no city recognized historic districts that would be affected by this amendment. City Recognized Neighborhood Action Plan: The applicant’s property lies in the area covered by the River Mountain Neighborhood Action Plan. The Sustainable Natural Environment goal listed an objective of promoting December 2, 2004 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: LU04-01-07 3 the vigorous enforcement of the Landscaping and Excavation Ordinance. This action could result in the removal of trees in order to accommodate the development of uses possible in the Commercial land use category. ANALYSIS: The application area is located in an area of the city characterized by an increase in Office and Commercial uses. Suburban Office requires a Planned Zoning District and a change to Mixed Use would continue the requirement of Planned Zoning Districts for new non-residential developments. Although this amendment could increase the amount of Commercial development along the north side of Cantrell Road, development style could be limited to acceptable design standards through the site plan review process. The back part of the applicant’s property was the subject of a Land Use Plan Amendment for a change from Transition to Suburban Office as part of a Future Land Use review along Cantrell Road presented to the Planning Commission on January 9, 2003. The change to Suburban Office for the front part of the applicant’s property was approved since it was felt that Office developments were more likely to take place fronting Cantrell Road. It was also determined that the Transition land use category should remain in some areas to allow for office development similar to the requirements found in the Suburban Office category while also allowing residential development. Within a half mile of this property is a total of about 52.01 + acres shown as Commercial at two commercial nodes less than a half mile apart on Cantrell Road. These two nodes are at the east leg of Taylor Loop Road and east of Pinnacle Valley Drive. Changing this property to Mixed Use could result in an increase of 10 + acres of commercial uses, a 20% area increase. Three recently approved PCDs are located either at the existing Taylor Loop node or in between the two. The new pattern of PCDs indicates a trend of infill at and between the two existing nodes. This amendment would expand potential Commercial west, not following the present trend of infill at or between the existing commercial nodes. Immediately west of this application land shown as Suburban Office has recently developed with three PODs consistent with the Land Use Plan. If the application area were to remain Suburban Office the possibility of similar office development of the site could occur, which would limit westward expansion of the Cantrell Road/Taylor Loop node and be consistent with the present office development in the area. NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood associations: Pleasant Valley Property Owners Association, River Valley Property Owners Association, Pankey Community Improvement Association, Piedmont Neighborhood Association, Pleasant Forest Neighborhood Association, Secluded Hills Property Owners Association, Walton December 2, 2004 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: LU04-01-07 4 Heights-Candlewood Neighborhood Association, Westbury Neighborhood Association, Westchester/Heatherbrae Property Owners Association, Chenal Ridge Property, and Charleston Heights/North Rahling Road Neighborhood Association. Staff has not received any comments from Neighborhood Associations at this time. STAFF RECOMMENDATIONS: Staff believes the change is not appropriate. This amendment would further increase the amount of Commercial along the north side of Cantrell Road while expanding the existing Commercial node to the west. PLANNING COMMISSION ACTION: (DECEMBER 2, 2004) The item was placed on the consent agenda for deferral to the January 20, 2005 Planning Commission meeting. A motion was made to wavier the by-laws for a five-day notice to defer prior to the Planning Commission meeting. That motion was made and approved with a vote of 9 ayes, 0 noes, and 2 absent. A motion was made to approve the consent agenda and was approved with a vote of 9 ayes, 0 noes and 2 absent. December 2, 2004 ITEM NO.: 10.1 FILE NO.: Z-7603-A NAME: PDC Companies HWY 10 Short-form POD LOCATION: North of Cantrell Road approximately 0.1 miles West of Taylor Loop Road DEVELOPER: PCD Companies HWY #10 1501 North University Avenue, Suite 740 Little Rock, AR 72204 ENGINEER: White-Daters and Associates #24 Rahling Circle Little Rock, AR 72223 AREA: 3.58 Acres NUMBER OF LOTS: 2 FT. NEW STREET: 0 CURRENT ZONING: R-2, Single-family ALLOWED USES: Single-family Residential PROPOSED ZONING: POD PROPOSED USE: 65 percent office 35 percent commercial VARIANCES/WAIVERS REQUESTED: Plat Variance – The creation of a lot without public street frontage. BACKGROUND: A request to rezone this site from R-2, Single-family to POD was filed and withdrawn from consideration prior to the June 3, 2004 Planning Commission Public Hearing. The applicant proposed a development to include office and commercial activities on this 3.58 acre site. The previous request was identical to the application now being considered. A. PROPOSAL/REQUEST: The applicant is requesting the development of this 3.6 acre parcel as a Planned Office Development, POD to allow the development of the site with a December 2, 2004 SUBDIVISION ITEM NO.: 10.1 (Cont.) FILE NO.: Z-7603-A 2 office/commercial facility and the creation of a two lot plat. There will be a single building on each parcel. Lot 1 will have a drive-through restaurant containing 3000 square feet. Lot 2 will contain 21, 000 square feet of office space and 8200 square feet of commercial space. The overall percent for each use on the site is sixty-five percent office and thirty-five percent commercial. The applicant has indicated there is not a Bill of Assurance in effect for this parcel of property. B. EXISTING CONDITIONS: The site contains an occupied single-family home. To the east of the site is also an occupied single-family home with the Wal-Greens development 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. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from an area resident concerning the proposed use of the property. All residents who could be identified located within 300-feet of the site, the Westbury Neighborhood Association, the Westchester Heatherbrae Neighborhood Association, the Secluded Hills Neighborhood Association and all owners of property located within 200-feet of the site were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. The standard conditions shown on the plans as “Public Works Notes” apply to the project. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required, with easements, if service is required for the project to serve Lot 2. Contact Little Rock Wastewater at 688- 1414 for additional details. Entergy: Approved as submitted. Center-Point Energy: No comment received. December 2, 2004 SUBDIVISION ITEM NO.: 10.1 (Cont.) FILE NO.: Z-7603-A 3 SBC: 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). 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. A Capital Investment Charge based on the size of connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department at 918-3752 for additional information. County Planning: No comment. CATA: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the River Mountain Planning District. The Land Use Plan shows Suburban Office & Transition for this property. The applicant has applied for a Planned Office Development for office and commercial development. The applicant has previously applied for a POD and a Land Use Plan amendment from Transition and Suburban Office to Mixed Use that was withdrawn without prejudice at the June 3, 2004 Planning Commission hearing. A land use plan amendment for a change to Mixed Use is a separate item on this agenda (Item #10 – File No. LU04-01-07). Master Street Plan: Cantrell Road is shown as a Principal Arterial on the plan. Cantrell Road is built as a five-lane road through this area. The primary function of a Principal Arterial is to serve through traffic and connect major traffic generators or activity centers within urbanized areas. Cantrell Road may require dedication of right-of-way and street improvements. Since this property is located on a Principal Arterial access to the site should be minimized and should not impede through traffic. December 2, 2004 SUBDIVISION ITEM NO.: 10.1 (Cont.) FILE NO.: Z-7603-A 4 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 River Mountain Neighborhood Action Plan. The Sustainable Natural Environment goal listed an objective of promoting the vigorous enforcement of the Landscaping & Excavation Ordinance. This action could result in the removal of trees in order to accommodate the development of uses possible in the Commercial land use category. Landscape: Areas set aside for buffers and landscaping meet with ordinance requirements. A six foot high screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required where adjacent to residentially zoned properties to the north. G. SUBDIVISION COMMITTEE COMMENT: (October 28, 2004) Mr. Joe White was present representing the request. Staff stated the applicant was requesting a POD to allow the development of an office/commercial development. Staff stated the percentages requested were consistent with those allowed for a Planned Office Development. Staff stated there were additional items necessary to complete the review process. Staff requested Mr. White provide details concerning the proposed uses of the development. Staff also requested the total building coverage be provided in the general notes section of the site plan. Staff stated the proposed building on Lot 1 was indicated at 80-feet and the typical required setback on Highway 10 was 100-feet. Public Works comments were addressed. Staff stated the conditions noted in the general notes section would apply to the proposed development. Landscaping comments were addressed. Staff noted the areas set aside for buffers appeared to meet minimum ordinance requirements. Staff also noted screening would be required to the north where adjacent to single-family zoned properties. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. December 2, 2004 SUBDIVISION ITEM NO.: 10.1 (Cont.) FILE NO.: Z-7603-A 5 H. ANALYSIS: The applicant submitted a revised plan to staff addressing most of the issues raised at the October 28, 2004 Subdivision Committee Meeting. The applicant has indicated the dumpster location for proposed Lot 2 on the site plan and included a note concerning screening. The applicant has indicated screening will be placed as required by the zoning ordinance or at a minimum on three sides at least two feet above the finished grade of the container. The applicant is requesting the creation of a two lot plat through the planned development process. The requested subdivision will require a variance from the Subdivision Ordinance to allow the creation of a lot without public street frontage. The proposed lot will be served by a sixty foot access and utility easement through Lot 1. The applicant has indicated a development sign will be located near the front drive. The applicant has indicated the sign will be a ground mounted monument style no more than ten feet in height and one hundred square feet in area. The proposed signage is consistent with signage allowed in the Highway 10 Design Overlay District. The applicant has also indicated a tenant ground mounted sign, maximum allowed by ordinance, near the western property line. Staff is not supportive of the requested signage. Staff feels the placement of two signs on this single development is not consistent with the Highway 10 Design Overlay District. The applicant has indicated Lot 1 will develop with a restaurant and Lot 2 will develop with an office/commercial development. The applicant has indicated the proposed uses for Lot 2 are those listed in the O-3, General Office Zoning District along with the Conditional Uses and the Accessory Uses with no limit on the percentages allowed. Typically, an O-3 development is allowed ten percent of the gross square footage to develop with the listed accessory uses. The listed Conditional Uses requires approval from the Commission. The site plan includes the total building coverage for each lot. The total building coverage for proposed Lot 1 is 5.69 percent and for proposed Lot 2 is 28.3 percent. The applicant has indicated the development of Lot 1 as a restaurant with 3,000 square feet of building space and 50 parking spaces. The total lot area contains 1.21 acres. The proposed lot area is more than adequate to meet the minimum required lot size for a commercially zoned site but not in compliance with minimum lot sizes typically required under the Highway 10 Design Overlay District or 2 acre minimum lot sizes. The proposed parking is also adequate to meet the typical minimum parking demand for a restaurant. The typical minimum parking required for a restaurant would be 30 parking spaces. December 2, 2004 SUBDIVISION ITEM NO.: 10.1 (Cont.) FILE NO.: Z-7603-A 6 The applicant has indicated an office development on Lot 2 consisting of 21,000 square feet of office space and 8,200 square feet of commercial space. The applicant has indicated 116 parking spaces to serve Lot 2. The typical minimum parking required for the site would be 93 parking spaces based on one space per 225 square feet of gross floor area. The proposed parking is more than adequate to meet the typical minimum demand. The applicant has indicated a reduced building line adjacent to Cantrell Road and a reduced landscape buffer along Cantrell Road. The applicant has indicated an 80-foot building setback (100-foot typically required by the Highway 10 Design Overlay District) and a 35-foot landscape buffer (typically 40-feet by the Highway 10 Design Overlay District). Staff is not supportive of the reduced request. Other sites, which have redeveloped in the area have typically maintained the integrity of the Highway 10 Design Overlay District. Staff feels the developer is requesting to overbuild the site and the proposed site plan does not maintain the integrity of the Highway 10 Design Overlay District with regard to landscaping and front building line placement. The applicant has requested a Planned Office Development to develop the site with the indicated uses. The percentage of office and commercial use is consistent with percentages allowed in the Zoning Ordinance for a Planned Office Development. Staff does not feel however, the proposed development is appropriate to the site. With the placement of a restaurant on the lot abutting Cantrell Road and the office building located to the rear of the site the overall development will be commercial in character and is not consistent with the City’s Future Land Use Plan. A Land Use Plan for this site has been filed on this agenda as a separate item (Item # 10 – File No. LU04-01-07). Staff feels the proposed request is inconsistent with the adopted plan and feels the change to the plan is inappropriate. With the development of this site as a “commercial development” staff feels this will expand the previously identified commercial node at Taylor Loop thus “stripping out Cantrell Road”. Since the zoning request is inconsistent with the City’s Land Use Plan and the development will have a commercial character, staff is not supportive of the request. I. STAFF RECOMMENDATION: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (DECEMBER 2, 2004) Mr. Joe White was present representing the request. There were no registered objectors present. Staff stated the applicant had submitted a letter requesting the item be deferred to the January 20, 2005 public hearing. Staff stated the request would require a waiver of the By-laws for the late deferral request. A motion was made to December 2, 2004 SUBDIVISION ITEM NO.: 10.1 (Cont.) FILE NO.: Z-7603-A 7 waive the By-laws for the later deferral request. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. There was no further discussion of the item. A motion was made to place the item on the Consent Agenda for Approval. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. December 2, 2004 ITEM NO.: 11 FILE NO.: LU04-29-01 Name: Land Use Plan Amendment - Barrett Planning District Location: Highway 10 at Goodson Road Request: Single Family and Neighborhood Commercial to Commercial and Suburban Office Source: Michael Johnston, Carter Burgess PROPOSAL / REQUEST: Land Use Plan Amendment in the Barrett Planning District from Single Family and Neighborhood Commercial to Commercial and Suburban Office. The Commercial category includes a broad range of retail and wholesale sales of products, personal and professional services, and general business activities. The applicant would like to utilize existing and new buildings, and the property for Commercial activities including a computer sales/repair shop, offices, auto repair, boat / RV / trailer storage, and gift shop. Prompted by this Land Use Amendment request, the Planning Staff expanded the area of review to include the entirety of the Neighborhood Commercial on the north side of Highway 10 as well as the entirety of Single Family shown between the existing area shown as Park / Open Space and Neighborhood Commercial. The area from the eastern boundary of the original application and the area west and south of the existing Park Open Space, including both Neighborhood Commercial and Single Family, is proposed to be changed to Commercial. The area east of the original application and south of the existing Park Open Space and east to the existing Single Family at the west, including both Neighborhood Commercial and Single Family, is proposed to be changed to Suburban Office. It is thought that the additional area would make the boundaries more logical. EXISTING LAND USE AND ZONING: The applicant’s property is primarily surrounded by land shown as R-Single Family District with the exception of the C-1 immediately west of the property. North and northeast of the application land zoned R-2 and AF -Agriculture and Forestry District mostly wooded and undeveloped. Additional land zoned AF exists southeast of the property. Immediately east of the property is land zoned R-2 occupied by three single family homes, one vacant. Further east is land zoned R-2 facilitating a recreational use, a golf driving range and pro shop. Southeast of the property is land zoned R-2 with a business specializing in stonework and stone sales. Immediately south of the property is zoned R-2 with a single family home and a vacant restaurant. December 2, 2004 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: LU04-29-01 2 FUTURE LAND USE PLAN AND RECENT AMENDMENTS: The applicant’s property is located in a Neighborhood Commercial node at Goodson Road and Highway 10 and is surrounded by land shown as Single Family. A little further north and northwest of the property is an area shown as Park / Open Space to recognize Nowlin Creek and its floodway. MASTER STREET PLAN: Highway 10 is shown as a Principal Arterial on the plan and is built as a rural two-lane highway through that area. The primary function of a Principal Arterial is to serve through traffic and connect major traffic generators or activity centers within urbanized areas. Highway 10 may require dedication of right-of-way and street improvements. Since this property is located on a Principal Arterial access to the site should be minimized and should not impede through traffic. Existing or proposed Class I, II, or III bikeways are not in the immediate vicinity of the development. PARKS: The property under review is not located in a recognized Park Planning District and does not show any existing or proposed parks in the immediate area, however, the Parks and Recreation Plan does recognize a proposed “Regional Park 2000” on Garrison Road near Ridgefield Road, just over a mile south of the site. The proposed regional park is 617 acres ± in size, zoned for Parks and Recreation, and presently undeveloped. The Master Parks Plan identifies a lack of public parks in the west Little Rock area and recognizes private neighborhood parks and recreation facilities as parkland in the west Little Rock area. With the golf driving range less than a quarter mile from the site and the proposed regional park in the area, recreational opportunities are sufficient. 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. December 2, 2004 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: LU04-29-01 3 ANALYSIS: This section of Highway 10 lies in a rural area of Pulaski County that was added to the City’s Extraterritorial Planning Jurisdiction in 2002. The present Neighborhood Commercial was established to represent a small commercial node at Highway 10 intersection with Goodson Road and the Goodson and Mathew Roads intersection. Typically Neighborhood Commercial areas are limited to approximately five acres. At the time of expansion staff showed the area as Neighborhood Commercial even with the applicant’s more intense uses making this a non-conforming use in the Neighborhood Commercial area. Changing this area to Commercial from Neighborhood Commercial could increase the use intensity shown in the area. Amending the Neighborhood Commercial and Single Family in the expanded area east of the site to Suburban Office will create a buffer to the Single Family to the east. A buffer is already in place on the north and west side of the application from an existing Park / Open Space area representing the Nowlin Creek floodway. The Suburban Office area allows for low intensity office uses and also requires a PZD -Planned Zoning District process, which would ensure that uses are compatible with the adjacent Single Family area. Presently Neighborhood Commercial represents 10 acres ± at the intersection of Goodson Road and Highway 10. With the proposed changes it would be decreased by about 65% to 3.2 acres ±. The areas changed to Commercial and Suburban Office will equally replace the existing Neighborhood Commercial and expand the variety and scale of uses in the area. The changes would result in 6.3 acres ± of Suburban Office and 5.4 acres ± of Commercial. The majority of the land shown as Commercial will recognize the applicant’s existing and proposed uses and will also incorporate an additional 1.5 acres ± of undeveloped land to the west. The land west of the applicant’s property and shown as Neighborhood Commercial is approximately one acre. This application will expand the area’s commercial uses by 50% and allow an increase in use intensity. Since this area is rural in nature it is recommended that uses of intensity greater than C-1 develop utilizing a PZD to protect the area from unnecessary speculation and premature zoning. Recommending a PZD process for the area shown as Commercial could positively affect commercial development in the area by providing balanced and defined commercial activity on a property. Showing this area as Commercial can result in more intense uses in the area, which can cater towards rural and single family residents of the area. Recognizing that this is a rural area, adding Commercial at this location would better identify the large market area, as compared to the Neighborhood Commercial intent to draw customers from a small market area. On January 20, 2004 Ordinance No. 19,041 was passed extending the Highway 10 Scenic Corridor Design Overlay District west from Highway 300 to the western December 2, 2004 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: LU04-29-01 4 boundary of the Planning Boundary. The extension of the overlay includes the amendment area and will be subject to the overlay requirements including strict landscaping requirements, building setbacks, and to limit curb cuts on Highway 10 so the roadway will function at an efficient level of service. Along Highway 10 Commercial areas exist one to one and a half miles away from each other. Changing the Neighborhood Commercial area to Commercial and Suburban Office is consistent with existing Commercial node spacing on Highway 10, and the Suburban Office area will buffer the Commercial intensity uses from adjacent Single Family. NEIGHBORHOOD COMMENTS: There are no Neighborhood Associations located in the Barrett Planning District or within one mile of this application. Staff has received one positive comment from an area resident. STAFF RECOMMENDATIONS: Staff believes the change is appropriate with a Planned Zoning District Requirement because it recognizes existing activities, is consistently spaced with the existing Commercial nodes on Highway 10, and provides for a step-down in intensity with the Suburban Office to the east. Staff also recommends a PZD requirement for future development in this Commercial area to prevent premature or speculative zoning. PLANNING COMMISSION ACTION: (DECEMBER 2, 2004) The item was placed on the consent agenda for approval. A motion was made to approve the consent agenda and was approved with a vote of 9 ayes, 0 noes and 2 absent. December 2, 2004 ITEM NO.: 11.1 FILE NO.: Z-7737 NAME: Presley Long-form PCD LOCATION: located at 25914 Cantrell Road DEVELOPER: John and Melba Presley 20920 Presley Drive Roland, AR 72135 ENGINEER: Carter Burgess Engineers Mike Johnston 10816 Executive Center, Suite 300 Little Rock, AR 72211 AREA: 6.653 Acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 CURRENT ZONING: R-2, Single-family – non-conforming ALLOWED USES: Single-family and existing non-conforming commercial and office uses PROPOSED ZONING: PCD PROPOSED USE: Recognize existing uses and C-1, Neighborhood Commercial District uses VARIANCES/WAIVERS REQUESTED: A five year deferral of the required street improvements to Highway 10. A. PROPOSAL/REQUEST: The site is located outside the City limits of the City of Little Rock but within the City’s Extraterritorial Planning Jurisdiction. The applicant is proposing to rezone the site from R-2, Single-family with a non-conforming status to PCD to recognize existing uses and is requesting C-1 uses as alternate uses for the site. The site contains a number of structures; a warehouse building, three manufactured homes and miscellaneous storage buildings. The applicant has indicated the December 2, 2004 SUBDIVISION ITEM NO.: 11.1 (Cont.) FILE NO.: Z-7737 2 current uses on the property include boat and RV storage, construction equipment storage, general and professional office, office/warehouse, residential and commercial building supplies, contractors storage, equipment storage, computer sales and service, a construction company, outdoor sales and display of boats, automobiles, motorcycles and utility trailers (limit of 10). The immediate plans include an addition to the existing warehouse building on the east side by 30 feet (1500 square feet) and to continue with the existing uses currently being conducted on the property. The applicant has indicated the hours of operation will be from 7:00 am to 8:00 pm seven days per week. The applicant has also indicated construction of a second warehouse building totaling 4500 square feet. The applicant has indicated there is not a Bill of Assurance in effect for this parcel of property. B. EXISTING CONDITIONS: The site contains several non-conforming structures ranging from manufactured homes and accessory buildings to a metal warehouse building. The area to the west is vacant currently zoned C-1, Neighborhood Commercial District and the area to the southwest is zoned AF, Agriculture and Forestry. There are single- family homes located to the east of the site and a golf driving range located further east. To the south of the site, at the intersection of Goodson Road and Highway 10, there is a restaurant. The land use in the area is primarily single- family C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents concerning the proposed use of the property. All residents who could be identified located within 300-feet of the site and all owners of property located within 200-feet of the site were notified of the public hearing. There is not an active neighborhood association located in the area. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. The existing right-of-way for Highway 10 meets Master Street Plan requirements for a principal arterial. 2. With future construction, provide design of street conforming to the Master Street Plan for a five lane arterial. Construct one-half street improvement to the street including 5-foot sidewalk with the planned development or obtain December 2, 2004 SUBDIVISION ITEM NO.: 11.1 (Cont.) FILE NO.: Z-7737 3 Board of Directors approval of a deferral of street improvements. 3. This site is outside the existing corporate limits. Storm water detention facilities and grading permits are not required. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Outside the service boundary. No comment. Entergy: Approved as submitted. Center-Point Energy: No comment received. SBC: No comment received. Central Arkansas Water: Approval of the City of Little Rock will be required for additional water service. Contact Central Arkansas Water if larger and/or additional water meter(s) are required. A Capital Investment Charge based on the size of the meter connection(s) will apply to this project in addition to normal charges. 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 992-2431 if you would like to discuss backflow prevention requirements for this project. The West Pulaski Fire Department District (contact Tom Cayton at 501-821-3104) needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer's expense. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department at 918-3752 for additional information. County Planning: 1. The side yard building setback is 40-feet when adjoining non-commercial property. Any variances from this requirement should be approved by the Pulaski County Planning Board. 2. Provide Pulaski County Planning a copy of the approval from the Arkansas Department of Health concerning the wastewater collection and treatment method. 3. A floodplain determination must be made and professionally certified. Any floodplain or floodway boundary will be indicated on the proposed site plan. December 2, 2004 SUBDIVISION ITEM NO.: 11.1 (Cont.) FILE NO.: Z-7737 4 In addition, note the finished floor elevation for all proposed buildings. Describe and note the elevation of the benchmark used. 4. Indicate owners of all adjoining property. 5. Provide a legal description of the proposed development site. 6. Indicate contour lines heavier, as they are very hard to see. 7. Calculate and note influent and effluent drainage for the site. Also, provide hydraulic calculations to support pipe sizing. 8. Erosion control should be incorporated with the plans. Provide notes/details. Arkansas Department of Environmental Quality should be contacted to obtain a clearing permit, (501) 682-0627. CATA: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Barrett Planning District. The Land Use Plan shows Neighborhood Commercial for this property. The applicant has applied for a Long Form Planned Commercial Development - PCD for computer sales and repair; a construction company; auto, boat, and utility sales; tractor-trailer, boat, and recreational vehicle storage; and residential and commercial supplies storage. A land use plan amendment for a change to Commercial is a separate item on this agenda (Item #11 – File No. LU04-29-01). Master Street Plan: Highway 10 is shown as a Principal Arterial on the plan and is built as a rural two-lane highway through that area. The primary function of a Principal Arterial is to serve through traffic and connect major traffic generators or activity centers within urbanized areas. Highway 10 may require dedication of right-of-way and street improvements. Since this property is located on a Principal Arterial access to the site should be minimized and should not impede through traffic. 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: A landscaping upgrade toward compliance with the Landscape Ordinance equal to the expansion proposed will be required. Additionally, new paved areas will also be required to be landscaped according to ordinance standards. December 2, 2004 SUBDIVISION ITEM NO.: 11.1 (Cont.) FILE NO.: Z-7737 5 A six 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 with the development of Phase II. G. SUBDIVISION COMMITTEE COMMENT: (October 28, 2004) Mr. Mike Johnston of Carter Burgess Engineers was present representing the request. Staff presented an overview of the proposed development indicating the request was to rezone an existing non-conforming site and to request additional alternative uses for the future. Staff stated there were items necessary to complete the review process. Staff requested the applicant provide a future paving plan. Staff also requested the applicant provide details of any existing or proposed fencing. Staff stated the indicated storage area would require screening and requested the applicant provide details of the proposed screening material. Staff questioned if the manufactured homes would be removed in the future. Staff also questioned the existing uses of the manufactured homes. Public Works comments were addressed. Staff stated the indicated right-of-way was sufficient to meet the minimum Master Street Plan requirement. Staff noted the site was located outside the corporate limits, therefore the storm water detention ordinance and a grading permits were not enforceable. County comments were addressed. County staff requested the applicant provide a professionally certified floodplain determination. Staff stated any floodplain or floodway boundary should be indicated on the proposed site plan and a note concerning the finished floor elevation for all proposed buildings. Staff requested the applicant describe and note the elevation of the benchmark used. Landscaping comments were addressed. Staff stated a landscaping upgrade toward compliance with the Landscape Ordinance equal to the expansion proposed would be required. Additionally, new paved areas would also be required to be landscaped according to ordinance standards. Staff stated a six foot high opaque screen, either a wooden fence with its face side directed outward, a wall or dense evergreen plantings would be required along the eastern perimeter with the development of Phase II. 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 plan to staff addressing most of the issues raised at the October 28, 2004 Subdivision Committee meeting. The applicant is requesting a rezoning of the site from R-2, Single-family with a non-conforming December 2, 2004 SUBDIVISION ITEM NO.: 11.1 (Cont.) FILE NO.: Z-7737 6 status to PCD to recognize existing uses and allow C-1 uses as alternative uses for the site. The immediate plans include an addition to the existing warehouse building on the east side by 30 feet (1500 square feet) and to continue with the existing uses currently being conducted on the property. The applicant has indicated landscaping will be added per the current City ordinance. The applicant has indicated a future paving plan as requested by staff. The applicant has indicated paving will be added in front of the building proposed for Phase II of the development. The applicant has also indicated the existing gravel area behind the existing building will remain as a gravel parking area. The site is currently a storage area for boats, RV’s, contractor’s equipment and construction material storage. The applicant has indicated no new activities will take place in this area and is requesting the existing gravel parking area remain. Staff is supportive of this request. The applicant has also indicated the existing fencing will remain on the property. The applicant has indicated the existing fencing is a six foot chain link fence and will remain behind the building. The applicant has indicated a six foot opaque chain link fence will be added around the storage area along the east, north and west sides. The applicant once again is not proposing any changes to the site in this area and is requesting the chain link fencing remain. The Zoning Ordinance typically requires fencing used to screen outdoor storage areas to be constructed of wood or metal. The ordinance further states visual screening, plastic or metal slats woven into a chain link fence are prohibited. Staff is supportive of the placement of the six foot fence but would recommend the construction material be consistent with fencing material typically required to screen uses of the development, i.e. outdoor storage, contractors storage yard, boat and RV storage. The applicant has indicated the hours of operation will be from 7:00 am to 8:00 pm seven days per week. The applicant has also indicated construction of a second warehouse building in Phase II totaling 4500 square feet. The applicant has indicated the existing manufactured homes will be removed when the proposed building in Phase II is constructed. The proposed building in Phase II is located 40-feet from all property lines per the County Ordinance requirements. The building, however, is not set at the 100-foot front building setback per the Highway 10 Design Overlay District requirement nor does the building comply with the 40-foot landscape buffer area. The applicant has indicated the existing site is developed and to require the Phase II Building to comply would not project a unified development pattern of the site. The applicant has stated to set the new building approximately 40-feet beyond the current building locations would cause confusion with the existing drives and parking layout. Staff is supportive of the applicant’s request. The original site was developed prior to the City exercising its Extraterritorial December 2, 2004 SUBDIVISION ITEM NO.: 11.1 (Cont.) FILE NO.: Z-7737 7 Jurisdiction in this area and the Highway 10 Design Overlay requirements did not apply. Staff feels to allow the site to continue to develop as was originally designed will not have any adverse impact on the adjoining properties. The applicant has indicated the current uses on the property include boat and RV storage, construction equipment storage, general and professional office, office/warehouse, residential and commercial building supplies, contractors storage, equipment storage, computer sales and service, a construction company, outdoor sales and display of boats, automobiles, motorcycles and utility trailers (limit of 10). Staff is supportive of this request. Staff feels the rezoning of the site to recognize existing uses is appropriate and staff feels the addition of C-1, Neighborhood Commercial uses as alternative uses for the site will have limited impact on the adjoining properties. Staff is supportive of the applicant’s request. The site is located outside the City limits of the City of Little Rock but within the City’s Extraterritorial Planning Jurisdiction. The applicant is proposing to rezone the site from R-2, Single-family with a non-conforming status to PCD to recognize existing uses and is requesting C-1 uses as alternate uses for the site. Staff feels this appropriate. The site to the east is also zoned C-1, Neighborhood Commercial; thus creating a neighborhood commercial node. In addition, there is a restaurant located to the southeast of the site near the intersection with Goodson Road. Staff feels allowing the requested uses and to recognize existing uses is not out of character with the existing and potential development pattern in the area. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the conditions outlined in paragraphs D, E and F of the above report. Staff recommends approval of the applicant’s request for a five year deferral of the required street improvements to Highway 10. PLANNING COMMISSION ACTION: (DECEMBER 2, 2004) The applicant was present representing the request. There were no registered objectors present. Staff presented the item indicating to their knowledge there were no outstanding issues associated with the proposed request. Staff presented a recommendation of approval of the request subject to compliance with the conditions outlined in paragraphs D, E and F of the above report. December 2, 2004 SUBDIVISION ITEM NO.: 11.1 (Cont.) FILE NO.: Z-7737 8 Staff also presented a recommendation of approval of the applicant’s request for a five- year deferral of the required street improvements to Highway 10. There was no further discussion of the item. A motion was made to place the item on the Consent Agenda for Approval. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. December 2, 2004 ITEM NO.: 12 FILE NO.: Z-7738 NAME: Albright Short-form PD-C LOCATION: located at 19125 Kanis Road DEVELOPER: Holeman Construction Company 14 Piedmont Lane Little Rock, AR 72223 ENGINEER: Blaylock-Threet Engineers 1501 Markham Street Little Rock, AR 72211 AREA: 1.09 Acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 CURRENT ZONING: R-2, Single-family ALLOWED USES: Single-family residential PROPOSED ZONING: PD-C PROPOSED USE: Single-family and a photography studio VARIANCES/WAIVERS REQUESTED: A waiver of the required street improvements to Kanis Road. A. PROPOSAL/REQUEST: The applicant is proposing the rezoning of the site from R-2, Single-family to PD-C to allow a photography studio to locate on the site. The applicant has indicated the home will remain as a residence and a second structure will be added to the rear of the site to be used as the photography studio. The photography studio is proposed at 60-feet by 32-feet containing 1920 square feet. The applicant has indicated the studio will be constructed in a wooded area behind the existing single-family home and landscaped to soften the visual impact of the new building. The site plan includes the placement of a parking area to accommodate five vehicles near the new structure. The applicant has December 2, 2004 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-7738 2 also indicated screening will be placed along the property lines in the form of evergreen plantings. The site plan includes a single sign location near Kanis Road. The applicant is requesting a two foot by three foot sign with a maximum height of thirty-inches. The days and hours of operation are proposed as 9:00 am to 5:00 pm six days per week. The applicant’s cover letter indicates the photography business itself is low in volume. He states emphasis is placed on outdoor portraits within the property or off-site at other locations. The applicant has indicated three to four sessions will take place on an average workday. The applicant has indicated there will be two employees with maximum of four employees in the future to serve the business. The applicant has indicated the majority of the trees on the site will be maintained around the proposed structure to project a “studio in the woods” appearance. The applicant has also indicated extensive landscaping will be added to enhance the overall beauty of the property. The applicant is requesting a waiver of the required Master Street Plan improvements to Kanis Road. B. EXISTING CONDITIONS: The site contains an existing single-family home located on acreage. The predominate land use in the area is single-family homes located on acreage and a scattering of non-conforming, non-residential uses. At the intersection of Kanis Road and Denny Road there is commercially zoned property and commercial uses. In addition the land use plan indicates Neighborhood Commercial for the Kanis/Denny Roads intersection extending to Stewart Road. Kanis Road is a narrow two lane roadway with open ditches for drainage. A Conditional Use Permit was recently approved for a multi-sectional manufactured home to the southwest of the site. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents concerning the proposed use of the property. All residents who could be identified located within 300-feet of the site and all owners of property located within 200-feet of the site were notified of the public hearing. There is not an active neighborhood association located in the area. December 2, 2004 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-7738 3 D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Kanis Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45-feet from centerline will be required. 2. Furnish signed and notarized dedications with final Board approval of the rezoning request. 3. 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 or obtain a Board of Directors approval of a waiver or deferral of street improvements. 4. This site is outside of the corporate limits. No grading permit or storm water detention is required. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Outside the service boundary. No comment. Entergy: Approved as submitted. Center-Point Energy: No comment received. SBC: No comment received. Central Arkansas Water: Approval of the City of Little Rock will be required for additional water service other than the domestic meter for which application has been made. Contact Central Arkansas Water if larger and/or additional water meter(s) are required. A Capital Investment Charge based on the size of the meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all meter connections including any metered connections off the private fire system. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (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 992-2431 if you would like to discuss backflow prevention requirements for this project. The West Pulaski Fire Department District (contact Tom Cayton at 501-821-3104) needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer's expense. December 2, 2004 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-7738 4 Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department at 918-3752 for additional information. County Planning: A 40-foot building setback is required along all property lines that adjoin residential properties. Rotate the proposed building to conform to Pulaski County building setbacks requirements, or request a variance from Pulaski County Planning Board. CATA: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: The request is in the Burlingame Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for a Short Form Planned Commercial Development -PCD for an additional building behind an existing single family home for a photo studio. Photography will be taken in the building and also outside of the building to capture the areas scenic backdrop. Onsite parking will accommodate four to six vehicles. The single family home will continue to be occupied by the applicant. The proposal does not have a significant impact on the Land Use Plan, which would necessitate a Plan Amendment. Master Street Plan: Kanis Road is shown as a Minor Arterial on the Master Street Plan. The purpose of a Minor Arterial is to provide connections to and through an urban area. Kanis Road has a Special Design Standard from Burlingame Road to Stewart Road adjacent to the applicant’s property. This consists of a two-lane road with a twenty-two foot paved with and four-foot shoulders in order to protect the area’s rural and scenic atmosphere. Kanis Road may require dedication of right-of-way and may require street improvements. 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: The proposed driveway expansion must allow for the minimum 9- foot wide land use buffer along the site’s eastern perimeter. The Landscape Ordinance requires a minimum width of 6-feet 9-inches. Unless otherwise provided for, a 6-foot high opaque screen is required to help screen this property from the adjacent residential properties to the east, west and south. This December 2, 2004 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-7738 5 screening may be a wooden fence with its face side directed outward, a wall or dense evergreen plantings. G. SUBDIVISION COMMITTEE COMMENT: (October 28, 2004) The applicant was not present. Staff presented an overview of the proposed development indicating there were additional items necessary to complete the review process. Staff stated they would contact the applicant prior to the Public Hearing to resolve any outstanding issues associated with the proposed request. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant provided staff with a revised site plan addressing most of the issues raised at the October 28, 2004 Subdivision Committee meeting. The applicant has indicated the proposed building will be turned to meet the minimum 40-foot building setback from all property lines per the County requirement. The applicant has also indicated the drive will be relocated to allow a minimum landscape strip of nine feet along the eastern property line. The existing drive to serve the single-family home is constructed of asphalt. The applicant has indicated the driveway extension and parking pad will be constructed of SB2 gravel. The applicant is requesting a three year deferral of the paving of the proposed driveway and parking pad. Typically staff is supportive of the allowance of a deferral of the paving if the owner takes proper measures to contain the gravel. The applicant has indicated a single ground mounted sign will be used to identify the proposed business. The applicant has indicated the sign will be two feet high and three feet wide and a maximum of thirty inches in height. Signage typically allowed in single-family zones is one square feet of sign area with a maximum height of six feet. The applicant has indicated there will not be a dumpster located on the site and any additional site lighting will be low level in intensity and directed inward away from residentially zoned properties. The proposed hours of operation are from 9:00 am to 5:00 pm six days per week with a maximum of four employees. Staff is not supportive of the proposed development. Although the applicant has indicated the business is a low volume business staff does not feel introducing a commercial development into the area is appropriate. There are non-residential uses located in the area, which were in place prior to the City exercising its Extraterritorial Planning Jurisdiction. Historically staff has tried to recognize existing commercial uses in an area when expanding the planning boundary and December 2, 2004 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-7738 6 established logical commercial nodes. There is a commercial node located near the site at the intersection of Kanis, Stewart and Denny Roads. The proposed request is inconsistent with the Land Use Plan, which recognizes the site as Single Family. Staff feels with the construction of the proposed building as a commercial facility this will open up the site for consideration of potential non- residential uses which are not low volume traffic generators. I. STAFF RECOMMENDATION: Staff recommends denial of the request as filed. PLANNING COMMISSION ACTION: (DECEMBER 2, 2004) Mr. Cory Gilliam was present representing the request. There were registered objectors present. Staff presented the item with a recommendation of denial. Staff stated the applicant was requesting a secondary residence, general and professional office uses as alternative uses for the site. Mr. Cory Gilliam addressed the Commission on the merits of the request. He stated his business was low in volume with three to four sessions per day. He stated the intent was to enhance the property and the area and not cause any adverse impact to the area. He stated the new building would be constructed residential in character and at some point in the future the home could be sold or become an accessory dwelling. Mr. Gilliam stated staff had indicated concern with the introduction of commercial into the area. He stated his request was to allow a photography studio on the site and should not be judged by what could happen in the future. He stated the new building would not be visible from the roadway. He stated the main goal was to provide a setting for backdrops for his business complete with extensive landscaping which would only enhance the area and provide screening. He stated the building would not appear to be a commercial building. Mr. Clint Albright addressed the Commission on behalf of the applicant. He stated he currently owned the property and he and his wife built the home twenty plus years ago. He stated the home was located approximately two miles outside the City limits. He stated the business was not the first business to locate in the area. He stated there were a number of businesses located along Kanis Road. He stated he had spoken to the adjoining neighbors and most were not opposed to Mr. Gilliam’s request. He stated the site would remain residential in character. Mr. Don Holeman addressed the Commission on behalf of the applicant. He provided the Commission with an elevation of the proposed structure. He stated the proposed development would enhance the neighborhood. He stated the design was similar to a secondary residence and would not appear commercial in character. December 2, 2004 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-7738 7 Ms. Lolie Honie addressed the Commission in opposition of the proposed request. She stated the Staff and the Commission had worked hard to develop a future plan for the area and the request was not in compliance with the City’s and the neighborhood’s plan. She stated there were areas designated for commercial uses and the requested location was not designated for a commercial activity. She stated she lived on Kanis Road and sold real estate in the area. She stated many large companies would call her when they were recruiting and tell her to sell the prospect on Little Rock. She stated she would show the prospect the area and finish with the Kanis Road area. She stated it was important to not allow ad hock development. She stated economic growth and development was important but it was also important to maintain the City’s plan. She stated the request was premature. She stated there were areas zoned and indicated on the City’s plan for commercial development and felt these areas should be utilized before expanding into single-family neighborhoods. There was a general discussion concerning the proposed request. Commissioner Rector questioned if the applicant was willing to allow the approval to only run with the applicant’s ownership. Mr. Gilliam stated he was willing to amend his application to place this requirement on his approval. Commissioner Rector also questioned the requested signage. He stated a six-foot sign seamed excessive and questioned if the applicant would consider signage allowed in single-family zones. Mr. Gilliam stated he was not willing to compromise on the requested signage. He stated Kanis Road was a rural roadway and he felt the indicated signage was necessary to direct his customers to the site. He stated his business would not generate a great deal of traffic. He requested the Commission consider his request on its merits. It was stated each request was reviewed on its own merits. Deputy City Attorney Cindy Dawson stated there were other factors, which weighed into the Commission’s decision as well. She stated if the merits were the only consideration given for approval, then this would be spot zoning. Staff reminded the Commission the land use plan was review within the past six months and the property in question was not recommended for a change. A motion was made to approve the request to allow the placement of a photography studio on the site, non-transferable, to be constructed similar to the provided elevation with a two by three sign no more than thirty inches in height and a maximum of four employees. The motion carried by a vote of 6 ayes, 1 no, 3 absent and 1 recuse (Chairman Mizan Rahman). December 2, 2004 ITEM NO.: 13 FILE NO.: Z-7739 NAME: Markham Bank Short-form PD-O LOCATION: Located on the North side of West Markham Street between Jackson and Monroe Streets DEVELOPER: HR Company c/o Tom Cole 900 South Shackleford Road, Suite 210 Little Rock, AR 72211 ENGINEER: Development Consultants, Inc. 2200 North Rodney Parham Road, Suite 220 Little Rock, AR 72212 AREA: 0.57 Acres NUMBER OF LOTS: 2 (1 Zoning Lot) FT. NEW STREET: 0 CURRENT ZONING: O-3, General Office District ALLOWED USES: Office General and Professional PROPOSED ZONING: POD PROPOSED USE: Branch Bank Facility VARIANCES/WAIVERS REQUESTED: A variance from ordinances to allow a reduction in the minimum driveway spacing criteria. A. PROPOSAL/REQUEST: The applicant is proposing the development of this 0.57 acre parcel as a branch bank facility with two drive through lanes and one ATM location. The applicant is requesting a waiver of the required driveway spacing criteria to allow two one- way drive openings for the property. The applicant has indicated this will allow one-way traffic flow to circulate around the building for drive-through teller and ATM services. The applicant has indicated this scenario is similar to many other small sites with drive-through services that have been allowed with separate one- way drives. The applicant states in his cover letter many such sites have more December 2, 2004 SUBDIVISION ITEM NO.: 13 (Cont.) FILE NO.: Z-7739 2 intense traffic generation, such as the case of restaurants. The applicant’s cover letter states the site is unusable without the driveway waiver consideration. The applicant has indicated fifteen on-site parking spaces on the proposed site plan. The site plan also includes the placement of stacking sufficient to allow stacking for five to six automobiles. The applicant has indicated they do not anticipate the ATM use to be a substantial contributor to peak hour traffic flows. The applicant has indicated screening will be added to the northern perimeter of the site where abutting residentially zoned properties. The site plan includes the placement of a six foot wood fence. The applicant has also indicated a portion of the northern buffer will remain as undisturbed. The applicant has indicated the trash dumpster on the proposed site plan. The dumpster is located adjacent to the northern proposed parking area and screened per code. The applicant has indicated the drive through hours of operation will be from 7:30 am to 6:00 pm Monday through Friday and 9:00 am to 12:00 pm on Saturday. The applicant has indicated the lobby hours will be from 9:00 am to 5:30 pm Monday through Friday only. The applicant is also requesting O-3 uses as alternative uses for the site. The applicant has provided a copy of the Bill of Assurance dated April 15, 1941. The proposed request does not appear to be in conflict with the provided Bill of Assurance. B. EXISTING CONDITIONS: There are a variety of uses located in the area both residential and non- residential in character. The residential uses include both single-family and multi-family and the non-residential include both office and commercial uses. There are State and City owned facilities located to the south of the site including UAMS, the Arkansas Department of Health, War Memorial Park and the Zoo. West Markham Street is a four lane roadway with a center turn lane in this area. There are curb and gutters located adjacent to the site but due to previous paving in the area the curb has been greatly reduced. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from an area resident concerning the proposed use of the property. All residents who could be identified located within 300-feet of the site, the Hillcrest Residents Neighborhood December 2, 2004 SUBDIVISION ITEM NO.: 13 (Cont.) FILE NO.: Z-7739 3 Association and all owners of property located within 200-feet of the site were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. During peak hours, there will not be sufficient driveway area to allow three vehicles to queue up at each of the four drive through windows (12 vehicles total), and still allow walk-in customers to park and exit. Vehicles will block the through lanes of Markham waiting to enter. Contact Bill Henry Traffic Engineering at (501) 379-1816. 2. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. Only a single driveway would be allowed for 36-feet of frontage. The width of driveway must not exceed 36- feet. 3. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. Sidewalks and ramps must meet current ADA standards. 4. Storm water detention will not apply to the proposed development. 5. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Site grading and drainage plans will need to be submitted and approved prior to the start of construction. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available, not adversely affected. Entergy: Approved as submitted. Center-Point Energy: No comment received. SBC: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. 3/4-inch is the largest meter size available off the existing water main. 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). Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department at 918-3752 for additional information. December 2, 2004 SUBDIVISION ITEM NO.: 13 (Cont.) FILE NO.: Z-7739 4 County Planning: No comment. CATA: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Heights Hillcrest Planning District. The Land Use Plan shows Office for this property. The applicant has applied for a Planned Office Development -POD for construction of a bank. The request does not require a change to the Land Use Plan. Master Street Plan: Markham Street, Fair Park Boulevard, and Van Buren Street are shown as Minor Arterials on the Master Street. The purpose of a Minor Arterial is to provide connections to and through an urban area. Markham Street may require dedication of right-of-way and may require street improvements. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Markham Street. City Recognized Neighborhood Action Plan: The applicant’s property lies in the area covered by the Hillcrest Neighborhood Action Plan. The Zoning and Land Use Goal category has multiple goals. One is to ”Create a different set of guidelines with which to govern the development of Hillcrest,” with one particular action statement relevant to the case: “More mixed-use opportunities should be provided within the commercial areas, including parts of Kavanaugh, Markham Street, and Stifft Station.” The second is “Develop concepts for commercial corridors for parts of Markham Street,” consisting of one action statement: “Discontinue the current commercial structures that are not appropriate for Markham. Markham has become degraded by the development of a current pattern of suburban development leading to disagreements about appropriate design of structures, use, scale, image, and hours of operation.” Both of these development goals are relevant to this case because the neighborhood action plan discourages suburban strip development. The neighborhood action plan encourages development to be appropriate in scale and design to surrounding uses. In this case special attention should be spent on the building’s design, relationship to Markham Street and buildings, and accessibility. Landscape: Areas set aside for buffer and landscaping meet with ordinance requirements. A six-foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required where adjacent to residential properties to the north. December 2, 2004 SUBDIVISION ITEM NO.: 13 (Cont.) FILE NO.: Z-7739 5 G. SUBDIVISION COMMITTEE COMMENT: (October 28, 2004) Mr. Robert Brown was present representing the request. Staff stated the site was currently zoned O-3, General Office District which would allow for a bank facility to be constructed. Staff stated the site plan included two driveway locations, which would require a variance from the minimum driveway spacing criteria. Staff stated the developer had elected to file a rezoning to POD to allow the development to be constructed as proposed including the driveway locations. Staff stated O-3, General Office District uses were being requested as alternative uses for the site. Public Works comments were addressed. Staff stated the grade of the drive was a critical issue. Staff also stated even though the site did not require detention, water could not be released on West Markham Street. Staff stated underground detention would be required. Staff stated in this area of West Markham Street there was a problem with icing in cold weather. Staff also noted the proposed drives did not meet the minimum spacing requirement. Mr. Brown stated the site was not developable with the proposed use and the placement of drives that met the current ordinance requirement. Landscaping comments were addressed. Staff stated the areas set aside for buffer and landscaping appeared to meet with ordinance requirements. Staff stated screening would be required where adjacent to residential properties. 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 28, 2004 Subdivision Committee meeting. The applicant has indicated screening along the northern perimeter of the site adjacent to the residentially zoned properties. The applicant has indicated a six foot wood fence will be placed in this area and a large area of existing vegetation will be maintained to add additional screening. The applicant has indicated the drive through hours of operation will be from 7:30 am to 6:00 pm Monday through Friday and 9:00 am to 12:00 pm on Saturday. The applicant has indicated the lobby hours will be from 9:00 am to 5:30 pm Monday through Friday only. The applicant is also requesting O-3 uses as alternative uses for the site. December 2, 2004 SUBDIVISION ITEM NO.: 13 (Cont.) FILE NO.: Z-7739 6 The applicant has indicated the trash dumpster on the proposed site plan. The dumpster is located adjacent to the northern proposed parking area adjacent to residentially zoned properties. The site plan also includes a note concerning the required screening stating screening will be placed per code or a minimum of two feet above the finished container height. Staff is not supportive of the dumpster placement. Staff feels the placement of the dumpster adjacent to the residential properties will have a negative impact with regard to servicing the dumpster. The applicant has indicated they will work with staff concerning the grade of the drive and the detention. Although detention is typically not required on sites less than one acre there is a clause in the ordinance, which allows for detention where there is concern with downstream flooding or safety concerns. Staff will work with the applicant to resolve this issue prior to a building permit being issued if the development is approved. The applicant is requesting a waiver of the required driveway spacing criteria to allow two one-way drive openings on the property. The applicant has indicated this will allow one-way traffic flow to circulate around the building for drive- through teller and ATM services. The applicant has also indicated fifteen on-site parking spaces on the proposed site plan. The site plan includes the placement of stacking for five to six automobiles resulting in 21 parking spaces. The ordinance typically requires drive through facilities to provide not less than three holding or stacking spaces for each window. The site plan includes the placement of three drive-through facilities which would typically require nine holding spaces. Although the applicant has indicated they do not anticipate the ATM use to be a substantial contributor to peak hour traffic flows, the ordinance typically does not distinguish between peak and non-peak usage. Based on the applicant’s design, when cars are stacked for the drive-through lanes, the lobby parking will be rendered unusable due to customers being unable to enter the spaces or exit the spaces upon completion of their transaction. This creates a safety concern and the possibility of cars trying to exit the site against the flow of traffic. Staff feels the site is being overbuilt and the proposed development should be redesigned to allow for sufficient stacking and/or adequate parking to serve the site. Staff is not supportive of the proposed development. Staff recommends denial of the proposed request as filed. I. STAFF RECOMMENDATION: Staff recommends denial of the request. December 2, 2004 SUBDIVISION ITEM NO.: 13 (Cont.) FILE NO.: Z-7739 7 PLANNING COMMISSION ACTION: (DECEMBER 2, 2004) Mr. Robert Brown was present representing the request. There were no registered objectors present. The Chair stated there were currently eight Commissioners present. The Chair stated in the past when there were only eight Commissioners present the applicant was offered a deferral. Mr. Brown stated his client would like to defer his request to the December 16, 2004 public hearing. A motion was made to approve the deferral request. The motion carried by a vote of 8 ayes, 0 noes and 3 absent. December 2, 2004 ITEM NO.: 14 MIDTOWN REDEVELOPMENT DISTRICT EXPANSION SUBJECT: Midtown Redevelopment District No. 1 REQUEST: Add area along University LOCATION: East side of University from Lee to Evergreen STAFF REPORT: After further review staff has determined that no action is necessary. STAFF RECOMMENDATION: Withdrawal PLANNING COMMISSION ACTION: (DECEMBER 2, 2004) The item was placed on the consent agenda for withdrawal. By a vote of 9 for 0 against and 2 abstain the consent agenda was approved. December 2, 2004 ITEM NO.: 15 FILE NO.: NOV #0226 Name: Rees Development / Pinnacle Point, Appeal Land Alteration Violation, Chap 29-166 Location: 14602 Cantrell Road in Little Rock, Pulaski County, Arkansas Owner/Applicant: Mr. John Rees Request: Appeal of Notice of Violation #0226 for cutting and clearing trees without a grading permit. STAFF REVIEW: 1. Master Street Plan This portion of Cantrell Road is a principal arterial. 2. Development Potential and Land Use This 8.93 acre property with Isom Creek running along the northern and eastern portions of the property was approved as a PCD on April 22, 2004. A strip retail center is located to the west of the site and a restaurant is located to the east of the site. North of Isom Creek are single family homes accessed by Pinnacle Valley Road. Office uses and small scale commercial uses are located to the south of the site(across Cantrell Road) along with a small church. 3. Neighborhood Position Public Works has not received any inquiries or complaints. STAFF ANALYSIS: Staff noticed trees being cleared on the subject property. Knowing the site had not yet been permitted for clearing and grading, staff issued Notice of Violation #0226 (“NOV”) and Stop Work Order to Rees Development, Inc. on the morning of September 9, 2004. Staff was told clearing began on September 7, 2004. December 2, 2004 SUBDIVISION ITEM NO.: 15 (Cont.) FILE NO.: NOV #0226 2 A grading plan was submitted to Public Works for review on the afternoon of September 9, 2004 as a result of the NOV. Public Works could not approve the grading plan because clearing was proposed on 7.13 acres of the 9 acres property with construction only occurring on the front 2 acres. Per Section 29- 186(b), 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. Staff and applicant agreed to allow clearing and grading on the southern 4.5 acres. Staff was told clearing had not occurred beyond the approved area. Grading permit #2004C-113 was issued on September 14, 2004 to allow the approved clearing and grading. The permit stated that its issuance does not release the contractor from his responsibilities as required by the previously issued NOV. After grading permit issuance, staff learned that clearing had occurred beyond the approved grading plan. Upon further inspection, it was verified clearing had occurred on an additional 1.5 acres. Mr. Rees is appealing the NOV because he states the clearing of the entire area will alleviate safety hazards and future problems from truck traffic near his new retail store and neighboring shopping areas fronting Cantrell Road. Public Works requests the NOV for clearing without a grading permit be upheld. Staff believes this violation is especially egregious because Mr. Rees was given written notice of the grading permit requirement during the recent PCD review process. In addition, when a permit was finally issued, the permittee exceeded the agreed to limits of clearing as shown on the approved erosion control plan. Staff believes there are two issues that need to be decided by the Commission. For the first issue, staff requests that the Planning Commission uphold the determination that there was sufficient cause to issue the notice of violation and allow the case to proceed to environmental court for clearing and grading without a permit. Fines up to $500 per tree can be accessed by the court, as well as requiring full restoration. The second issue is that Mr. Rees requests approval to clear the remaining 1 acre of the 7.13 disturbed acres of the property. Staff does not support this request because it does not comply with Section 29-186(b) of the land alteration regulations. December 2, 2004 SUBDIVISION ITEM NO.: 15 (Cont.) FILE NO.: NOV #0226 3 PLANNING COMMISSION ACTION: (DECEMBER 2, 2004) Ms. Cindy Dawson, Deputy City Attorney, stated the item was no longer before the Commission since the applicant failed to perfect his appeal. She stated there were specific guidelines outlined in the Code one of which was notification of property owners. She stated the applicant did not notify the property owners thus failing to perfect his appeal. She stated no action of the Commission was necessary.