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pc_06 14 1994subLITTLE ROCK PLANNING COMMISSION SUBDIVISION HEARING SUMMARY AND MINUTE RECORD JUNE 14, 1994 12:30 P.M. I. Roll Call and Finding of a Quorum A Quorum was present being nine in number. II. Approval of the Minutes of the Previous Meeting Minutes of the May 3, 1994 meeting were approved as mailed. III. Members Present: Members Absent: Diane Chachere, Chairman Kathleen Oleson John McDaniel Jerilyn Nicholson Bill Putnam Joe Selz Brad Walker B. J. Wyrick Emmett Willis, Jr. Ramsay Ball Ron Woods City Attorney: Stephen Giles LITTLE ROCK PLANNING COMMISSION SUBDIVISION AGENDA JUNE 14, 1994 DEFERRED ITEMS: A. Apple Subdivision -- Preliminary Plat (5-1010) PRELIMINARY PLATS: 1. Windsor Hills, Phase II -- Preliminary Plat (5-150-E) 2. Deerfield Addition -- Preliminary Plat (5 -170 -FF) 2A. Secluded Hills, Phase V -- Preliminary Plat (5-191-F) 3. Hinson Office Park -- Preliminary Plat (S-1028) PLANNED UNIT DEVELOPMENTS_: 3A. Hinson Office Park -- Short -Form Planned Commercial Development (Z -3699-A) 4. Fairview Kennels -- Short -Form Planned Office Development (2- 5836) 5. Detection Systems, Inc. -- Short -Form Planned Office Development (Z-5838) 6. Chenal Village -- Long -Form Planned Commercial Development (Z-5839) SITE PLAN REVIEWS: 7. Health Advantage Office Building -- Site Plan Review (Z-5837) 8. Climate Control Mini -Storage -- Site Plan Review (Z-5840) CONDITIONAL USE PERMIT: 9. Little Rock Racquet Club -- Conditional Use Permit (Z -1840-B) STREET RIGHT-OF-WAY ABANDONMENT: 10. "R" Street Exclusive Right -of -Way and Easement Abandonment, described as that portion of "R" Street located between N. Filmore and N. Pierce Streets (G-23-211) June 14, 1994 ITEM NO.: A FILE NO.: S-1010 NAME: APPLE SUBDIVISION -- PRELIMINARY PLAT .0 LOCATION: Approximately 100 feet south of Frazier Pike Ave., approximately 0.2 miles east of Stout Street DEVELOPER• ENGINEER• JESSIE DOYNE, PRESIDENT PAT MCGETRICK COLLEGE STATION COMMUNITY MCGETRICK ENGINEERING DEVELOPMENT CORPORATION 11225 Huron Ln., Suite 200 P. O. Box 626 Little Rock, AR 72211 College Station, AR 72053 223-9900 AREA: 1.48 ACRES NUMBER OF LOTS: 5 FT. NEW STREET: 200 ZONING: AF PROPOSED USES: Single -Family Residential PLANNING DISTRICT: 24 CENSUS TRACT: 40.01 VARIANCES REQUESTED: None STATEMENT OF PROPOSAL: The applicant proposes a 5 -lot residential subdivision on a 1.5 acre tract involving the construction of 200 feet of new street. The north boundary of the subdivision is 97 feet south of the centerline of Frazier Pike Ave., and the preliminary plat which has been submitted indicates a 60 foot wide right-of-way connecting Frazier Pike Ave. with the site and extending southward alongside the east boundary of the site. However, this right-of-way is apparently not dedicated, and the applicant proposes no roadway construction to tie the tract to Frazier Pike Ave. A. PROPOSAL/REQUEST: Approval of a preliminary plat is requested of the Planning Commission for the subdivision of a 1.5 acre tract to provide 5 residential lots which are proposed to have frontage on a 200 foot long internal street. The center line of the internal street is 223.5 feet south of the centerline of Frazier Pike Ave., and a 60 foot wide right- of-way is shown extending south from Frazier Pike Ave. to the site and lying along the east boundary of the site. This right-of-way is not a platted right-of-way. The applicant proposes no roadway construction off site to connect the proposed development with Frazier Pike Ave. June 14, 1994 SUBDIVISION ITEM NO.: A (Continued) FILE NO.: 5-1010 B. EXISTING CONDITIONS: The site is undeveloped and wooded. The area designated on the plat as a 60 foot right-of-way extending southward from Frazier Pike Ave. has been cleared at one time and is overgrown in weeds and brush. The site is level. The existing zoning of the site is A -F, with A -F zoning on all the surrounding land except for an R-2 area to the north of the tract. C. ENGINEERING/UTILITY COMMENTS: Engineering notes that the internal road designated Apple Blossom Lane must be constructed to meet Master Street Plan requirements. The applicant is to comply with Sec. 31-401 of the Code regarding installation of street lighting. Water Works reports that a water main extension will be required. Apple Drive is apparently not a dedicated right-of-way and lies on private property. An acreage charge in addition to the normal charges will be applied. Wastewater notes that a sewer main extension with easements will be required. Arkansas Power and Light Co. will require easements. Arkansas Louisiana Gas Co. and Southwestern Bell Telephone Co. approved the submittal without comment. D. ISSUES/LEGAL/TECHNICAL/DESIGN: The site of the proposed subdivision is apparently land -locked. It does not have access to Frazier Pike Ave. along the Apple Drive right-of-way shown, since that right-of-way does not exist; it has apparently never been platted or dedicated. For access to the site, right-of-way will have to be acquired and Apple Drive will have to be constructed to Master Street Plan standards. Since the information indicated on the plan is incorrect which shows the right-of-way, this incorrect information must be deleted from the plan. It is reported that the applicant has additional land which is contiguous to the proposed platted area. If this is the case, this additional land needs to be included in the preliminary plat and can, if necessary, be shown as a tract for future development. 2 June 14, 1994 SUBDIVISION ITEM NO.: A (Continued) FILE NO.: 5-1010 The plat as submitted has minor deficiencies: the owner, surveying, and engineering certifications must be executed; the ownership and deed information on abutting properties need to be shown; and, the zoning classifications of the site and of abutting properties need to be shown. Additional requirements are: the PAGIS monuments must be denoted and set; a Bill of Assurance must be submitted; etc. E. ANALYSIS• The proposed plat has a fatal flaw in that it is land -locked and no provision has been made to provide access to the site. The plat cannot be approved in its current form or status. F. STAFF RECOMMENDATIONS: Staff recommends either denial of the request, or, if the applicant feels that a deferral would allow time to remedy the deficiencies, then staff will concur with such a request. SUBDIVISION COMMITTEE COMMENT: (MARCH 3, 1994) Mr. Pat McGetrick, the project engineer, was present. Staff presented the request and the discussion centered on the apparent fact that the proposed subdivision is land -locked; that the 60 foot right-of-way shown on the drawing to connect Frazier Pike Ave. with the site has never been dedicated. There was also discussion about the applicant proposing no street construction to connect the site with Frazier Pike Ave. Mr. McGetrick reported that the applicant was going to attempt to get assistance from the City to construct the off-site street improvements. Since the subdivision cannot be approved without resolution of the access problem, there was very little other discussion. The Committee indicated that the applicant needs to defer pursuing approval of the preliminary plat until the access problem is resolved and a determination is made on the construction of Apple Lane. PLANNING COMMISSION ACTION: (MARCH 22, 1994) Staff reported that the City has been in contact with the applicant regarding funding for off-site and on-site street improvements, and that, in order for the City and the applicant to pursue options available for funding, the City has suggested 3 June 14, 1994 SUBDIVISION ITEM NO.: A _(Continued) FILE NO.: S-1010 and the applicant has agreed to request a deferral until the June 4, 1994 Commission hearing. The item was included on the Consent Agenda for deferral, and the deferral was approved with the vote of 10 ayes, 0 nays, 0 absent, and 1 abstention. Staff reported that the Commission Bylaws require written notification of a request for a deferral to be submitted at least five (5) days prior to the Commission hearing date. In this case, the agreement to seek a deferral was by mutual agreement between the City and the applicant, and no written request was made. Consequently, a waiver of the Bylaws requirement needs to be approved by the Commission. The waiver was approved with the vote of 10 ayes, 0 nays, 0 absent, and 1 abstention. PLANNING COMMISSION ACTION: (JUNE 14, 1994) Staff explained that a letter from the applicant's engineer had been received, asking for a 90 -day deferral. Staff indicated, though, that the applicant's engineer had related that the applicant was considering adding additional property to the proposed subdivision, necessitating a complete re -design. Staff also recounted that the applicant was counting on Community Development Block Grant Funds for the needed funding for off-site and on-site street improvements, and that there was no access to the site. Staff recommended, then, that in lieu of the 90 -day extension, the item be withdrawn. The applicant could then re -apply when funding is in place and the scope of the project is established. The Commission approved the recommendation to withdraw the application. The vote was 10 ayes, 0 nays, 2 absent, and 0 abstentions. 0 June 14, 1994 ITEM NO.: 1 FILE NO.: S -150-E NAME: WINDSOR HILLS, PHASE II -- PRELIMINARY PLAT LOCATION: On the west side and at the south end of Windsor Court DEVELOPER: ENGINEER• BILL LILE SAM DAVIS VANTAGE DEVELOPMENT CO. SAMUEL L. DAVIS CONSULTING ENGINEER #3 W. Palisades Dr. 5301 W. 8th. St. Little Rock, AR 72207 Little Rock, AR 72204 664-4971 664-0324 AREA: 2.265 ACRES NUMBER OF LOTS: 13 FT. NEW STREET: 880 ZONING: MF -6 & OS PROPOSED USES: Single -Family Residential PLANNING DISTRICT: 19 CENSUS TRACT: 42.06 VARIANCES REQUESTED: 1). Private Streets 2). Depth of Lot 17 to be less than 100 feet STATEMENT OF PROPOSAL: The applicant proposes a phase two extension of the Windsor Hills patio homes development. Windsor Hills Court is planned to extend south from the present termination of the right-of-way as a private street, with private streets turning west off Windsor Court. The present cul-de-sac located south of the end of the Windsor Court right-of-way is to be removed, and a turn -around is to be built at the new end of Windsor Court. Thirteen residential lots are planned, with an average lot size of 66 feet by 100 feet and a minimum lot size of 56 feet by 100 feet. There is one exception to this minimum lot size, and that is lot 17 which has a lot depth along its west line of 99.40 feet and along its east line of 97.55 feet. A. PROPOSAL/REQUEST: Approval by the Planning Commission is requested for a 13 -lot residential subdivision for a phase two extension of the Windsor Hills patio homes development, with a private street system. Review by the Planning Commission and approval by the Board of Directors is requested for a variance from the minimum lot depth regulations in the Subdivision Ordinance of 100° to permit Lot 17 to have a June 14, 1994 SUBDIVISION ITEM NO.: 1 (Continued) FILE NO.: 5-150-E minimum lot depth of 97.55 feet along its east property line and 99.4 feet along its east property line. B. EXISTING CONDITIONS: The site is presently undeveloped and heavily wooded, with a curb and gutter section of Windsor Court terminating in a cul-de-sac extending 225 feet south into the property beyond the present end of the street right-of-way. The topography rises from the low point at the southeast corner of the tract approximately 80 feet to the northwest corner. Along the south boundary of the proposed subdivision is a 50' OS strip, with Hillsborough Subdivision on to the south. Burntree, Phase I subdivision abuts the property to the west. Both Hillsborough and Burntree are R-2 zoned areas. Across Windsor Court to the east is Point Pleasant Addition which is a PRD townhome development. To the north is the Phase I portion of Windsor Hills patio homes in an MF -6 area. C. ENGINEERING/UTILITY COMMENTS: Public Works comments that a complete grading and excavation plan must be provided. The Stormwater Detention and Excavation Ordinances will be applicable. A turn -around must be provided at the south end of Windsor Court. water Works reports that 3" and 8" water main extensions will be required, as well as private fire hydrants. Wastewater reports that sewer main extensions, with easements, will be required. Arkansas Power and Light Co. comments that additional easements to the easements shown will be required. Southwestern Bell Telephone Co. approved the submittal without comment. The Fire Department indicates that all private drives must have a minimum width of 20 feet, and that standard City "No Parking/Tow Away" -signs will be required. D. ISSUES/LEGAL/TECHNICAL/DESIGN: The Subdivision Regulations (Section 31-207) states: "Private streets for residential developments shall be discouraged. However, private streets may be approved by the Planning Commission to serve isolated developments. The 2 June 14, 1994 SUBDIVISION ITEM NO.: 1 (Continued) FILE NO • S -150-E design standards shall conform to public street standards...." "The subdivider shall provide for permanent maintenance of all private streets in the Bill of Assurance." The plan which has been submitted fails to note the 50 foot OS strip along the south boundary of the subdivision. The lots are approximately 100 feet in depth, and this depth includes 20 feet of driveway access. Deducting the 50 foot OS strip and the 20 foot driveway access from the 100 foot lot depth, the buildable area, then, will be approximately 30 feet in depth. The plans which following ways: and, the zoning are to be shown. E. ANALYSIS• have been submitted are deficient in the contours are to be at 2 foot intervals; classifications of all abutting properties With the 50 foot OS strip across the south boundary of the site, the available building area for Lots 17, 19, 21, and 23 are severely restricted. The developer needs to assure the Commission that the OS strip can be protected during and after construction, and that there is area remaining on these lots which can provide adequate building sites. The proposed street is a "dead end" and the site is isolated. It meets the Subdivision Regulations requirements for approval of a private street system. F. STAFF RECOMMENDATIONS: Staff recommends approval of the preliminary plat and approval of the private streets, subject to the developer addressing the questions raised as a result of the OS strip bordering the southern boundary of the subdivision; e.g., can it be protected and are the resulting buildable areas sufficient. Staff recommends approval of the variance for the lot depth of less than 100 feet for Lot 17. SUBDIVI-SIGN COMMITTEE COMMENT: (MAY 26, 1994) Sam Davis, the project engineer, was present. Staff outlined the proposal, and the plan was presented to the Subdivision Committee members. The deficiencies noted in the Discussion Outline were discussed. Public Works reviewed its comments concerning the need for a turn -around at the end of Windsor Court, and the Fire 3 June 14, 1994 SUBDIVISION ITEM NO.: 1 (Continued) FILE NO.: 5-150-E Department's comment concerning the need for a minimum 20 foot wide street was discussed. The requested variances were discussed. Mr. Davis indicated that he would amend the plans to correct the deficiencies. The Committee forwarded the item to the Commission for the public hearing. PLANNING COMMISSION ACTION: (JUNE 14, 1994) Staff presented the item, outlining the request and reporting that the design which had been submitted had failed to take into account a 50 foot wide "OS" strip along the southern boundary of the site. The "OS" strip matter, staff related, must be addressed, as well as the requested approvals of the variance from the 100 foot minimum lot depth for Lot 17 and the variance to permit a private street system within the boundary of the proposed subdivision. Mr. Sam Davis, project engineer, proposed that the plan, as submitted, be approved, with the condition that the 50 foot "OS" strip be added, but with the understanding that the applicant will seek to rezone the "OS" strip to the same zoning as the remainder of the project site. This, he said, would allow the applicant to begin construction. He said that, even with the 50 foot "OS" strip, there is 30 feet of buildable depth on the affected lots. If the rezoning is approved, then the proposed plat would remain as presented. Jim Lawson, Neighborhoods and Planning Director, stated that an "OS" strip cannot be disturbed during construction, so, he advised, there is, in effect, less than the 30 feet of buildable area; there must be left enough room abutting the "OS" strip for construction activity without encroaching onto the "OS" strip. Mr. Lawson suggested approval of the portion of the plat which is not affected by the "OS" strip, and giving conditional approval to the south four lots only if the rezoning is approved. Mr. Davis indicated that it was the applicant's intention to pursue getting the "OS" strip rezoned to be consistent with the zoning of the remainder of the site. He pointed out that the proposed development is for single family residences, not apartments, and that the "OS" strip is not needed as a buffer for the single family developments to the south and west. Commissioners Walker and Putnam suggested that approval be granted for those lots of the subdivision which are not affected by the "OS" strip, so that the developer may proceed with the construction of that portion of the development. 4 June 14, 1994 SUBDIVISION ITEM NO.: 1 (Continued) FILE NO.: S -150-E Staff indicated that the developer needed to realize that if the rezoning is not granted, he will have four lots which have very restricted buildable areas; that if the developer wishes to proceed under those conditions, staff has no objections. Chairperson Chachere asked the applicant if he wished to amend his application accordingly. Mr. Davis agreed to amend the application to seek approval of that portion of the plat containing Lots 12, 14, 16, 11, 13, 15, 18, 20, and 22, but asked that approval be granted for the plat as presented if the "OS" area were successfully rezoned. Chairperson Chachere replied that it was her interpretation of the Commission's wishes that the applicant return to the Planning Commission for final approval of the plat, whichever version of the plat were ultimately able to be approved. Mr. Jack Mills, identifying himself as the president of the Point Pleasant Condominiums Owners' Association, expressed concern about the stormwater run-off from the proposed development. He asked for information on the meaning of the area shown as "Stormwater Detention Area" on the plat. Mr. Sherman Smith, Civil Engineering Manager in the Public Works Department, explained that the Stormwater Detention Ordinance requires that the developer cannot allow stormwater to run off of his development at any greater rate than the existing rate prior to development, based on a 25 -year storm, and that he must provide the area to detain this amount of stormwater on his site and to release it at a rate that property down stream is not flooded. He went on to say that, even meeting these standards, developers may not flood anyone down stream. He indicated that the developer's engineer is to submit to Public Works his proposed stormwater detention plan; Public Works reviews the plan and requires revision, if necessary; the work is checked during construction to make sure that the design is followed; then, after the work is completed, Public Works verifies that the stormwater detention is adequate. Staff explained to Mr. Mills that the area denoted on the plat as - "Stormwater--Detent-ion Area is--that—axea proposed—to be used- to detain the run-off prior to it exiting the site in the underground pipe running off to the south. Commissioner Oleson expressed concern that, if the applicant gains approval of the plat, minus the four south lots, and proceeds with street construction, the applicant may claim that there is a need to rezone the "OS" strip based on the hardship that the south four lots are unusable. 5 June 14, 1994 SUBDIVISION ITEM NO • 1 (Continued) FILE NO.: S -150-E Mr. Davis clarified the applicant's plans: to seek rezoning of the "OS" strip so that the full depth of the lots may be used, or to show the "OS" area on the plat and build homes within the buildable area. Commissioner Oleson confirmed that a total re -design is not anticipated, and that the basic design of the subdivision would not be changed no matter what the outcome of a rezoning request. Mr. Lawson recommended, then, that the plat, as presented, be approved, with the understanding that, until the "OS" strip is either rezoned or shown on the plat, the four south lots cannot be developed. He said that he did not foresee any problem with a recommendation from staff of approval of rezoning of the "OS" strip to be consistent with the zoning of the remainder of the site; that with single-family backing up to single-family, the "OS" area is inappropriate. A motion was made to approve the preliminary plat, subject to, for development of lots 17, 19, 21, and 23, the applicant either gaining approval of the rezoning of the "OS" strip to allow use of these lots without the "OS" restrictions, or indicating the "OS" area on the plat and the use of these lots being restricted accordingly, and to approve the request for a private street within the subdivision, and to recommend approval of the lot depth variance request. The motion carried with the vote of 10 ayes, 0 nays, 1 absent, and 0 abstentions. June 14, 1994 ITEM NO.: 2 FILE NO.: 5 -170 -FF NAME: DEERFIELD ADDITION -- PRELIMINARY PLAT LOCATION: West of and beyond the present end of Carmel Drive, on the north side of Hinson Road DEVELOPER: FLOYD H. FULKERSON 124 W. Capitol, Suite 1075 Little Rock, AR 72201 376-4432 AREA: 10 ACRES NUMBER OF LOTS: ZONING• R-2 PLANNING DISTRICT: 1 CENSUS TRACT: 42.06 VARIANCES REQUESTED: 1) Private street ENGINEER• PAT MCGETRICK MCGETRICK ENGINEERING 11225 Huron Land, Suite 200 Little Rock, AR 72211 225-9900 16 FT. NEW STREET: 1200 PROPOSED USES: Single -Family Residential 2) Lot width to depth ratio STATEMENT OF PROPOSAL: The applicant proposes to re -plat what are presently 2 large lots in Block 57 of the Pleasant Valley Addition into 16 lots in a new subdivision known as Deerfield Addition. The extension of Carmel Drive, an existing private street, to serve the new lots is proposed. The proposed lots are, on an average, 80 feet in width. The lot depth ranges from about 200 feet to nearly 380 feet. Lots 8 through 15 also have frontage on Hinson Road. A. PROPOSAL/REQUEST: Review by the Planning Commission is requested for a subdivision involving the re -platting of 2 lots in Block 57 of Pleasant Valley Addition into 16 lots in a new subdivision knows as Deerfield Addition. Planning Commission approval of a private street is requested. The private street is proposed to be an extension of Carmel Drive, an existing private street. Planning Commission review and Board of Directors approval is requested for a variance from the requirement in the Subdivision Regulations which limits the lot width to depth ratio to 1:3, and permit June 14, 1994 SUBDIVISION ITEM NO.: 2 (Continued) FILE NO.: 5 -170 -FF the lot depth to exceed the allowable depth based on the lot widths which have been designed in this plat. B. EXISTING CONDITIONS: The proposed subdivision is a re -plat of Lots 42 and 43, Block 57, Pleasant Valley Addition. Lots 42 and 43 are large tracts beyond the present end of Carmel Drive which are owned by the original developer of the previously developed portion of the subdivision. This owner now wishes to divide these 2 large tracts into the 16 building sites and extend Carmel Drive as a continuation of the private street to serve the additional lots. The site is located on a hillside, with the roadway and the front of the lots being at the high side of the development. The zoning of the site and of the surrounding areas is R-2. C. ENGINEERING/UTILITY COMMENTS: Public Works comments that a turn -around will have to be constructed at the end of the private street; an additional 5 feet of right-of-way must be dedicated on Hinson Road to meet Master Street Plan requirements; and, a "no access" easement must be platted along Hinson Road. The Stormwater Detention Ordinance will be applicable, and a detailed grading and excavation plan must be submitted. Little Rock Municipal Water Works reports that 3 inch and 8 inch main extensions will be required, as well as private fire hydrants. Adequate easements for placement of water mains out from under the pavement will be required. Little Rock Wastewater Utility comments that a sewer main extension, with an easement, will be required. Arkansas Power and Light Co. reports that additional easements will be required. Southwestern Bell Telephone Co. comments that additional easements will be required. The Fire -Department approve —the submittal tivithout comment. D. ISSUES/LEGAL/TECHNICAL/DESIGN: The proposed subdivision is a re -plat of Lots 42 and 43, Block 57, Pleasant Valley Addition. The proposed street is an extension of the private street previously established. The applicant is the owner of Lots 42 and 43, Block 57, and June 14, 1994 SUBDIVISION ITEM NO.: 2 (Continued) FILE NO.: 5 -170 -FF was the developer of the remainder of the subdivision. The Bill of Assurance which was promulgated by the developer and under which the remainder of the subdivision is governed states: "(The developer) hereby donates and dedicates to the lot owners fee title to the streets ... to be used as private streets." A property owners association was established in the Bill of Assurance to, among other things, provide for the "preservation and improvement of all ... public areas ....° The Subdivision Regulations (Section 31-207) states: "Private streets for residential development shall be discouraged. However, private streets may be approved by the Planning Commission to serve isolated developments. The design standards shall conform to public street standards...." The developer requests approval of a private street to serve this development, and the Planning Commission is empowered to grant this request. Carmel Drive, the private streets previously approved by the Planning Commission for Pleasant Valley Addition, including the area to be re -platted in this application, was designed as a minor residential street, and is a 24 foot wide concrete street. A continuation of the street as originally approved is proposed for Deerfield Addition. The Subdivision Regulations (Section 31-232.b) states: "No residential lot shall be more than three (3) times as deep as it is wide...." The lots are proposed to be, on an average, 80 feet wide; therefore, the maximum lot depth must not exceed, based on an 80 foot width, 240 feet. All the lots exceed the 1:3 ratio, and a waiver of this regulation must be approved by the Board of Directors. Lots 8 through 15 are double frontage lots, with frontages on both Carmel Drive and on Hinson Road. The Subdivision Regulations (Section 31-232.4) prohibits double frontage lots, except "where a subdivision abuts or contains an existing or proposed arterial street...." Since Hinson Road is a minor arterial, the double frontage lots are not prohibited in this situation. The plans which have been submitted to date are deficient in the following manners: 1) the plat is not just a re -plat, but a new subdivision, and must contain the information required on a new preliminary plat; e.g., contours, names of recorded subdivision abutting the site, the book and page number or instrument of these subdivisions, the names of owners of abutting unplatted land, the zoning classifications of the site and of abutting properties, and 3 June 14, 1994 SUBDIVISION ITEM NO.: 2 (Continued) FILE NO.: S -170 -FF the location of proposed PAGIS monuments; 2) the average and minimum lot sizes are to be shown; 3) the proposed design of the street is to be shown; and, 4) the provision for storm drainage is to be addressed. E. ANALYSIS: The area encompassed by this application was previously approved by the Commission as two large lots with the private street extending to the east boundary of the second lot. The developer has now elected to further divide these two lots into multiple building sites. This, in itself, is not a problem and does not conflict with the Subdivision Regulations. The problem, however, arises as a result of the existing POA (Property Owners' Association) which was established to maintain the private streets in the previously platted portion of the subdivision, and the fact that the two lots which are proposed to be divided into the 16 lots in this application were not part of that POA area. The residents in and the POA of the previously platted area object to the development. They indicate that the development of the multiple lots are not in keeping with the size of the previously platted lots in the remainder of the subdivision, and, they say that the street onto which the developer is tying and extending into the new development is a private street, owned and maintained by them and the POA. The developer, however, reports that he has the right to use and extend the private street. These type questions are civil matters, and are not within the purview of the Planning Commission. The proposed preliminary plat, with approval by the Board of Directors for the lot width -to -depth ratio variance, meets Ordinance standards. F. STAFF RECOMMENDATIONS: Staff recommends approval of the preliminary plat and approval of the private street to be built to minor residential street standards. Staff recommends approval of the variance requested for the lot width -to -depth ratio. The recommendation for approval, however, is contingent on corrected and completed plans being submitted and approved by staff. SUBDIVISION COMMITTEE COMMENT: (MAY 26, 1994) Mr. Floyd Fulkerson, the applicant, and Mr. Pat McGetrick, the engineer, were present. Staff presented the application and reviewed with the applicant and engineer the comments in the 4 June 14, 1994 SUBDIVISION ITEM NO.: 2 (Continued) FILE NO.: 5 -170 -FF discussion outline. Mr. McGetrick noted would be corrected, and that would be provided. The Committee Commission for the public hearing. PLANNING COMMISSION ACTION: responded that the deficiencies the additional information forwarded the item to the (JUNE 14, 1994) Staff presented the request, and indicated that the applicant sought a variance from the Commission for a private street within the proposed subdivision. Staff pointed out that, as presented, the lots exceed the depth which is allowed by the Subdivision Regulations, based on the lot width to depth ratio provision. Staff indicated that, either the applicant would have to seek a waiver of that provision from the Board of Directors, or would have to amend the plat to conform to the Regulations. Staff reported that there are two ways of meeting the regulation: 1) increase the width of the lots so that the ratio is met; or 2), shorten the lots to meet the ratio by providing an undivided "Tract All along the rear of the tract, in which case maintenance of the tract will have to be provided for. Staff also indicated that a "no access" easement was to be provided along the Hinson Road frontage of the affected lots. Mr. Pat McGetrick indicated that the developers choice regarding the lot width to depth ratio problem was to shorten the lots so that the width to depth ratio requirement is met; that the lots would have to be shortened approximately 100 feet, and an undivided tract would be created at the rear of the subdivision. He indicated that the developer proposed to dedicate the tract to the City as open space. He also indicated that the developer would agree to the designation of the "no access" easement along Hinson Road. Staff interjected that the City is not interested in acquiring land as open space which the City would have to maintain. Staff indicated that the maintenance of the open space tract would have to be provided for by the developer and/or property owners, association in the Bill of Assurance for the subdivision. Mr. McGetrick conceded that the developer would provide for the maintenance of the area, and staff reported that, in this case, no variances would be required to be referred to the Board of Directors for approval. Mrs. Tom (Nita) Hill, representing herself and her next door neighbor, Mrs. Virginia Moore, expressed concern about the stormwater run-off from the hillside above their homes which face 5 June 14, 1994 SUBDIVISION ITEM NO.: 2 (Continued) FILE NO.: S -170 -FF Hinson Road. She stated that there are problems with run-off now, and she is wanted to know what the developer proposes to control the run-off. Bill Appleton, indicating that he is one of the residents of the Carmel Property Owners' Association of which the proposed development is to be an extension, stated that the existing Bill of Assurance covers the entire area (i.e., the existing developed area, as well as the area proposed for development as Deerfield Addition), and this Bill of Assurance requires permission of the Property Owners' Association for the development to take place. He stated that the required permission has not been sought by Mr. Fulkerson nor granted by the Association. He testified that the area proposed for development as Deerfield Addition is covered by the Carmel Bill of Assurance. Chairperson Chachere stated that Bill of Assurance issues cannot be enforced by the City, nor is the Planning Commission the proper body to which property owners can look for enforcement of Bill of Assurance provisions. Deputy City Attorney Steve Giles related that it was his understanding that the proposed subdivision is to be a new subdivision with its own Bill of Assurance. He went on to say that Bill of Assurance issues are private issues; that the City does not execute and is not a part to Bills of Assurance, and the City is not bound by them. In this case, then, any dispute involving Bill of Assurance issues will have to be worked out between Mr. Fulkerson and the Property Owners' Association and/or individual property owners. The subdivision which is being presented, as amended, he continued, meets the technical requirements of the Subdivision Regulations in design and in the fact that it has a Bill of Assurance, and the commission may not deny approval because of a private dispute. Staff reported that Mr. Fulkerson has chosen to propose development of the subdivision as a separate subdivision with a different name and with a separate Bill of Assurance, knowing of the objection of the Carmel property owners and of the Carmel Property Owners' Association, and is seeking Planning Commission approval of the subdivision, knowing that the objectors may choose to enforce the original Bill of Assurance in the courts. Mr. John Sawatski said that the new property owners' association and Bill of Assurance would be subordinate to the existing, overriding association and Bill of Assurance. He objected to the proposed subdivision because, he said, it does not meet the test of being in harmony with the surrounding development nor with industry standards for the highest and best use of the property. 0 June 14, 1994 SUBDIVISION ITEM NO.: 2 (Continued) FILE NO.: 5 -170 -FF He stated that, if access to the new subdivision is to be gained through the existing Carmel area, then there must be an agreement made for sharing associated costs; if Mr. Fulkerson anticipates the new subdivision becoming a part of the existing Association, then he must conform to the Association's standards. He complained that the existing private street system is not designed for the addition of the number of lots proposed. Commissioner Walker indicated that he was under the impression that the lots conformed to the Subdivision Regulations, and asked Mr. Sawatski to explain to him how and on what basis the Commission could deny approval of the subdivision. He related that he had not been able in the past nor in the present situation to justify to himself a denial simply because a subdivision did not conform to the standards of the surrounding development. He indicated sympathy with an attempt to achieve conformity in the development, but suggested that the matter is probably a private contractual issue which should be pursued in the courts. He said that he, as a Commissioner, cannot find in the ordinances a way to enforce in this situation substantially higher standards than the normal R-2 standards. Mr. Sawatski reiterated that the new development is part of the Carmel Property Owners' Association, and that the number and size of the proposed lots does not conform to the Bill of Assurance and Property Owners' Association requirements. He complained that the other owners within the Association have a right to expect a compatible development; that others and he and his family bought with that anticipation. He pointed out that every car entering or leaving the new area will be traveling across the Carmel Property Owners' Association' private road, maintained by the members of that Association. Mr. Walker mentioned that he understood that one area above the proposed development had been originally planned to be divided into 4 lots, and, as it turned out, is one large lot. Therefore, he said, the net addition of lots using the private road is not the full 16 lots, but 13. Mr. Sawatski replied that, originally, the private street was supposed to be a loop street; that the area which has subsequently been sold as a single lot in lieu of 4 lots and which hlTes--immediately-to— the —east -of Mr: Fu-l-ke-r�on's-p-rope-rt , - was the proposed route of the loop, and that Mr. Fulkerson's area was supposed to be a dead-end section of street. Now, all traffic has to use the entire length of the private street, with no alternate route. This, he said, does not provide adequate access to Mr. Fulkerson's property. 7 June 14, 1994 SUBDIVISION ITEM NO.: 2 (Continued) FILE NO.: S -170 -FF Commissioner Oleson asked, if this is the case, how is access to the property to be achieved? She asked if the City is now in the position of telling property owners that they have to let others use their private street. Mr. Lawson explained that, according to the Public Works staff, the private street is adequate to serve the traffic load of the area, and that, when the plat was originally approved for the 2 lots which Mr. Fulkerson is now proposing to be platted as 16 lots, the legal access to the property, as required by the Subdivision Regulations, was provided. It does not matter, he said, whether there are 2 or 16 lots, the requirement for legal access was met. The private contractual matters pertaining to the Bill of Assurance provisions or use or maintenance of the private street are out of the purview of the Planning Commission. Deputy City Attorney Giles continued that the Commission can make a determination on whether, in the Commissioner's judgment, the proposed plat meets the Subdivision Regulation's requirement for access to the property. If the Commission determines that the site does not have access, the Commission can deny approval of the plat. If the Commission finds that the plat does not meet the standards of the Subdivision Regulations regarding any of the other standards, the Commission can deny the plat. Otherwise, the Commission is bound to approve the proposed plat. A lengthy discussion then ensued involving various Commissioners, representatives of the Carmel Property Owners' Association, Mr. Giles, Mr. Lawson, and other Neighborhoods and Planning staff regarding the meaning of "legal access" and whether this is provided to the site. Another discussion was held involving various Commissioners, Neighborhoods and Planning staff, and Public Works staff concerning the Stormwater Detention Ordinance and its provisions, and how its provisions would apply to this development and the property below Mr. Fulkerson's property. When it was determined that the site has legal access, and that property down hill from the site would be protected from stormwater run-off, a motion was made and seconded to approve the proposed preliminary plat, as amended, without the request for the waiver from the lot width to length ratio, with the provision oftheTract A or open space, but with the approval or the private street. The motion carried with the vote of 6 ayes, 3 noes, 2 absent, and 0 abstentions. D June 14, 1994 ITEM NO.: 2A FILE NO.: S -191-F NAME: SECLUDED HILLS, PHASE V -- PRELIMINARY PLAT LOCATION: Beyond the present end of Old Oak Drive, south of Highway 10 and east of east Taylor Loop Road DEVELOPER: ENGINEER: RPM MANAGEMENT CO. PAT MCGETRICK Prospect Building MCGETRICK ENGINEERING 1501 N. University Ave. 11225 Huron Lane, Suite 200 Little Rock, AR 72207 Little Rock, AR 72211 664-7807 223-9900 AREA: 10.84 ACRES NUMBER OF LOTS: 25 FT. NEW STREET: 1300 ZONING: R-2 PROPOSED USES: Single -Family Residential PLANNING DISTRICT: 1 CENSUS TRACT: 42.06 VARIANCES REQUESTED: None STATEMENT OF PROPOSAL: The applicant proposes the development of an adjoining 10.84 acre tract as a Phase V to the Secluded Hills subdivision. The area lies to the north of the Phase IV development, and Old Oak Drive, a collector street, will continue from the Phase IV area and extend to the Phase V boundary. The new addition will provide 23 additional lots, and 1300 feet of new street construction is proposed. A. PROPOSAWREQUEST: Approval by the Planning Commission is sought for a preliminary plat for the subdivision of a 10.84 acre tract as a Phase V development of Secluded Hills. The subdivision entails the construction of 1300 feet of new streets and the provision of 23 new homesites . No variances are tee_ - est— ad- B. EXISTING CONDITIONS: The tract is undeveloped and wooded. The land lies on the side of a hill, and the slope of the land drops from a high point at the southwest corner of the tract approximately 80 feet to the low area along the north property line. The existing zoning of the area and of the surrounding area is R-2. June 14, 1994 SUBDIVISION ITEM NO.: 2A (Continued) FILE NO • S -191-F C. ENGINEERING/UTILITY COMMENTS: Public Works comments that the Stormwater Detention and Excavation Ordinances are applicable, and that the developer is to coordinate street lighting plans with the Engineering staff. Little Rock Municipal water Works reports that a water main extension will be required. Little Rock Wastewater Utility comments that a sewer main extension, with easements, must be provided. Arkansas Power and Light Co. relates that additional easements will be required. Arkansas Louisiana Gas Co. approved the submittal without comment. Southwestern Bell Telephone Co. will require additional easements. The Fire Department approved the submittal without comment. D. ISSUES/LEGAL/TECHNICAL/DESIGN: There is an area at the southeast corner of the tract designated as "open space". There must be some means provided for the maintenance of this area. There are deficiencies in the plat which has been submitted: 1) a metes and bounds description must be shown; 2) contours are to be at 2 foot intervals; 3) the street names have not been shown; 4) the names of abutting subdivisions, with their book and page number or instrument number must be shown; 5) the names of abutting property owners where the land has not been platted must be shown; 6) the physical description of all monuments must be shown; 7) the zoning classifications of abutting properties must be shown; and, 8) the proposed PAGIS monuments must be indicated. lulauX515: The City does not want to assume maintenance of the "Open Space" tract designated on the plat. A provision for private ownership and maintenance must be made. The deficiencies in the plat are minimal and are easily correctable by the engineer. There is no reason to assume that Mr. McGetrick will not have the required information shown on the drawings prior to the Commission review. 2 June 14, 1994 SUBDIVISION ITEM NO.: 2A (Continued) FILE NO.: S -191-F F. STAFF RECOMMENDATIONS: Staff recommends approval of the preliminary plat, subject to the deficiencies in the plat being taken care of, and, subject to a provision for the private ownership and maintenance of the area designated for "open space". SUBDIVISION COMMITTEE COMMENT: (MAY 26, 1994) Mr. Pat McGetrick, the project engineer, was present, as was a representative of the applicant. Staff presented the plat and reviewed with the applicant and engineer the comments contained in the discussion outline. There was a discussion regarding the requirement that provision be made for the private ownership and maintenance of the area designated as "open space" on the plat, and there were suggestions that the area be included with an abutting lot in a previous or subsequent phase of the development, or that it be shown as a "Tract All and retained by the developer. The Committee forwarded the item to the Commission for the public hearing. PLANNING COMMISSION ACTION: (JUNE 14, 1994) The item was included on the Consent Agenda, with a recommendation from staff that the item be approved with the condition that the triangular tract at the southeast corner be shown as a "Tract All and that its maintenance be provided for in the Bill of Assurance. The item was approved with the vote of 10 ayes, 0 nays, 2 absent, and 0 abstentions. 3 June 14, 1994 ITEM NO.: 3 FILE NO.: S-1028 NAME: HINSON OFFICE PARK -- PRELIMINARY PLAT LOCATION: At the southwest corner of Hinson Road and Hinson Loop Road DEVELOPER: ENGINEER: JOHN REES REES DEVELOPMENT 12115 Hinson Rd. Little Rock, AR 223-228 AREA: 8.54 ACRES PAT MCGETRICK MCGETRICK ENGINEERING 11225 Huron Lane, Suite 200 72212 Little Rock, AR 72211 223-9900 NUMBER OF LOTS: 5 FT. NEW STREET: 410 ZONING: 0-3 PROPOSED USES: Offices and a mini -storage facility (A separate request for a PCD for the mini -storage facility is to be heard on this agenda.) PLANNING DISTRICT: 2 CENSUS TRACT: 22.05 VARIANCES REQUESTED: Waiver from the requirement to provide a sidewalk on both sides of a commercial street for Rees Lane, and provide a sidewalk on one side only. STATEMENT OF PROPOSAL: The applicant proposes a preliminary plat on a 8.54 acre tract in order to develop an office and commercial subdivision to contain 5 lots. Lots range in size from around 1 acre to the 3.37 acre lot at the rear of the subdivision A street to meet the minimum standards for a commercial street is proposed, except the applicant has requested a waiver from the requirement to construct a sidewalk along both sides of the commercial street and provide a sidewalk along one side only. Lots 1, 2, and 3 will have frontage on both Hinson Road and Hinson Loop; Rees Lane, the street to be constructed, will provide secondary access to these three lots, as well as provide access to Lots 4 and 5. A. PROPOSAL/REQUEST: Review and approval by the Planning Commission is requested for a preliminary plat for Hinson Office Park. The proposed subdivision is to contain 5 lots, and access to the subdivision is to be provided both off Hinson Road and by way of a new cul-de-sac street which is proposed to be constructed. Approval by the Board of Directors is requested for a waiver from the requirement that standard June 14, 1994 SUBDIVISION ITEM NO.: 3 (Continued) FILE NO.: 5-1028 commercial streets are to have a sidewalk provided on both sides of such streets, and permit Rees Lane, a 400 foot long cul-de-sac street, to have a sidewalk along one side only. B. EXISTING CONDITIONS: The site is presently undeveloped. The terrain has a fairly steady rise from east to west. The high point of the tract is at the southwest corner, which is 40 feet above the level at the Hinson Road -Hinson Loop intersection. The present zoning of the tract is 0-3. The surrounding area has a mixture of zoning districts. To the east of the tract, on the same side of Hinson Loop as the proposed development, is a continuation of the 0-3 area, a small R-2 tract, and a PCD. Across Hinson Loop to the east is a PCD. To the south is an MF -12 area. To the west, at the southwest corner of the development, is a PRD, and directly to the west is an 0-2 area. Across Hinson Road to the north is an R-2 area. C. ENGINEERING/UTILITY COMMENTS: Public Works comments that Master Street Plan improvements and right-of-way dedication will be required on Hinson Loop. There will be restrictions on curb -cuts and access to and from Hinson Road. A detailed grading plan and detention will be required. The developer must obtain a wetlands delineation from the Corps of Engineers. The minimum right-of-way for a cul-de-sac is 100 feet. Little Rock Municipal Water Works reports that a pro -rata front footage charge of $15.00 per foot applies for frontage on Hinson Loop Road (329' x $15.00 = $4,935.00). A water main extension will be required, and fire hydrant locations must be approved by the Fire Department. Little Rock Wastewater Utility reports that a sewer main extension, with an easement, will be required. Arkansas Power and Light Co. will require additional easements. Southwestern Bell Telephone Co. approved the submittal without comment. D. ISSUES/LEGAL/TECHNICAL/DESIGN: The Subdivision Regulations (Section 31-282) requires that commercial streets have sidewalks constructed on both sides of the streets. Since the proposed cul-de-sac street abuts the boundary of the subdivision, and, since it is the side 2 June 14, 1994 SUBDIVISION ITEM NO.: 3 (Continued) FILE NO.: 5-1028 and rear of the lots which lie beyond the boundary of the subdivision, a waiver of this requirement is sought. The Zoning Regulations (Section 36-281) requires a minimum lot size in the 0-3 zoning district of 14,000 square feet. The proposed lots exceed this minimum requirement. E. ANALYSIS• The proposed subdivision meets all Ordinance requirements in its design, and the plans which have been submitted are substantially complete. There are only minor deficiencies remaining to be addressed. The request for the waiver of the sidewalk on the south/east side of Rees Lane is in keeping with waivers which have been granted previously. F. STAFF RECOMMENDATIONS: Staff recommends approval of the preliminary plat and recommends approval of the requested wavier for the sidewalk to be omitted on the south and east boundary of Rees Lane. SUBDIVISION COMMITTEE COMMENT: (MAY 26, 1994) Mr. John Rees, the developer, and Mr. Pat McGetrick, the project engineer, were present. Staff indicated that the original submission involved a POD encompassing the entire site, but that subsequent discussions with the applicant had led to a decision to amend the application to request a preliminary plat for the entire site and a PCD for just the rear portion of the site shown as Lot 5. This, the applicant felt, would give him the flexibility he needed to adequately market the site for development without the restrictions imposed by a Planned Unit Development. The documents needed to complete an amendment to the application were discussed. Mr. McGetrick indicated that he would furnish the needed plans. The Committee forwarded the amended request to the Commission for the public hearing. PLANNING COMMISSION ACTION: (JUNE 14, 1994) Staff reported that a letter had been received from the applicant asking that the hearing on the item be deferred until the June 28, 1994 Commission meeting. The item was included in the Consent Agenda for deferral, and was approved with the vote of 10 ayes, 0 nays, 2 absent, and 0 abstentions. 7 June 14, 1994 ITEM NO.: 3A FILE NO.: Z -3699-A NAME: HINSON OFFICE PARK -- SHORT -FORM PLANNED COMMERCIAL DEVELOPMENT LOCATION: Approximately 500 feet south of Hinson Road and approximately 300 feet west of Hinson Loop Road DEVELOPER: JOHN REES REES DEVELOPMENT 12115 Hinson Rd. Little Rock, AR 223-228 AREA: 3.57 ACRES ZONING• O-3 ENGINEER: PAT MCGETRICK MCGETRICK ENGINEERING 11225 Huron Lane, Suite 200 72212 Little Rock, AR 72211 223-9900 PLANNING DISTRICT: CENSUS TRACT: 22.05 NUMBER OF LOTS: 1 FT. NEW STREET: 0 PROPOSED USES: Mini -storage facility N VARIANCES REQUESTED: None STATEMENT OF PROPOSAL: The applicant proposes a PCD in order to construct a mini -storage facility on a "rear" lot in the proposed Hinson Office Park subdivision. The preliminary plat, to be reviewed as another item on the same agenda as the PCD item, proposes a 5 -lot subdivision and a commercial street off Hinson Loop to provide access to the lots. The proposed PCD occupies a 3.37 acre lot at the south end of the cul-de-sac street. The proposed mini -storage facility involves the construction of 7 buildings with a total square footage of 58,050. The building coverage is 40% of the land area. A. PROPOSAL/REQUEST: Planning Commission review and Board of Directors approval of a PCD for a mini -storage facility in the Hinson Office Park development is requested. The proposal involves the construction of 7 buildings on a 3.37 acre lot. The buildings are typically 305 feet long, with 4 of the buildings being 30 feet wide, and the 2 remaining 305 foot long buildings being 25 feet wide. One additional building is to be a 40 foot wide by 155 foot long. June 14, 1994 SUBDIVISION ITEM NO.: 3A (Continued) FILE NO.: Z -3699-A B. EXISTING CONDITIONS: The site is undeveloped and wooded. The topography rises from a low point along the east property line to a high point at the southwest corner of the tract; the rise in elevation is over 40 feet in 500 feet. The present zoning of the site is 0-3, with the remainder of the 0-3 district lying to the north and northeast. To the east is a small R-2 area and a small PCD. To the south is an MF -12 district. To the west is a PRD, along the southern portion of the west property line, and an 0-2 area, along the northern portion of the west property line. C. ENGINEERING/UTILITY COMMENTS: Little Rock Municipal Water Works comments that a water main extension and fire hydrants will be required. Little Rock Wastewater Utility reports that a sewer main extension, with easements, will be required. Arkansas Power and Light Co. will require additional easements. Southwestern Bell Telephone Co. approved the submittal without comment. Landscape review reports that the a 6' high opaque screen, either a "good neighbor" fence or dense evergreen plantings, will be required adjacent to residential properties to the south, east, and west. Ordinance requirements for perimeter buffering and interior landscaping must be met. The 20 and 25 foot perimeter buffers indicates are in substantial conformance with the buffer requirements. Planning review reports that the site is in the Rodney Parham District, and the adopted Land Use Plan recommends office uses for the northern one-third of the site and multi -family for the southern two-thirds. A mini -storage facility, then, is in conflict with the Plan. D. ISSUES/LEGAL/TECHNICAL/DESIGN: Issues pertaining to a potential office or residence use on the site have not been addressed, nor have the issue of lighting or signage. These need to be addressed. E June 14, 1994 SUBDIVISION ITEM NO.: 3A (Continued) FILE NO • Z -3699- E. ANALYSIS• A mini -storage use is C-4 or C-3, with conditional use review, use in the Zoning Ordinance. The use, then, is inappropriate in this setting and in this close proximity to residential uses. The use is in conflict with the adopted Land Use Plan which calls for office and multi -family uses on the site. F. STAFF RECOMMENDATIONS: Staff recommends denial of the request. SUBDIVISION COMMITTEE COMMENT: (MAY 26, 1994) Mr. John Rees, the developer, and Mr. Pat McGetrick, the project engineer, were present. Staff reported that the original submission had been a POD involving the area from Hinson Road south to the mini -storage site, with a mixture of offices and the mini -storage facility. The developer, in subsequent conversations with staff, felt that he would not have adequate flexibility in marketing the office portion of the development if he pursued the Planned Unit Development route. He had, therefore, amended his application to involve a preliminary plat for the entire site and a PCD for the one rear Lot 5 portion of the site. Staff reviewed with the applicant and his engineer the requirements for the new plans which were needed. The Committee reviewed the plans which had been submitted, then forwarded the item to the Commission for the public hearing. PLANNING COMMISSION ACTION: (JUNE 14, 1994) Staff reported that a letter had been received from the applicant asking that the hearing on the item be deferred until the June 28, 1994 Commission meeting. The item was included in the Consent Agenda for deferral, and was approved with the vote of 10 ayes, 0 nays, 2 absent, and 0 abstentions. 3 June 14, 1994 ITEM NO.: 4 FILE NO.: Z-5836 NAME: FAIRVIEW KENNELS -- SHORT -FORM PLANNED OFFICE DEVELOPMENT LOCATION: On the south side of Pleasant Ridge Road, approximately 350 feet west of woodland Heights Road DEVELOPER: JOAN WALKER FAIRVIEW KENNELS 11523 Fairview Rd. Little Rock, AR 72212 225-1391 AREA: 0.77 ACRES ZONING: R-2 PLANNING DISTRICT: 1 CENSUS TRACT: 42.06 VARIANCES REQUESTED: STATEMENT OF PROPOSAL: ENGINEER• JOE WHITE WHITE-DATERS & ASSOCIATES, INC. 401 S. Victory St. Little Rock, AR 72212 374-1666 NUMBER OF LOTS: 1 FT. NEW STREET: 0 PROPOSED USES: Kennels None Fairview Kennels is a legal non -conforming use which has been in existence since 1979, and prior to that time, a similar use occupied the building from 1973-1979. Fairview Kennels is a pet boarding, grooming, and training facility. The applicant proposes to seek a POD designation for the property, not only to change the status from non -conforming to conforming to assure an ability to continue the business use of the property, but to be able to construct an addition to the existing facility. Proposed is a 50 foot wide by 60 foot deep addition to the rear of the building in order to provide space for an employee lounge, office space, and a bathing area for the pets. A. PROPOSAWREQUEST: Review by the Planning Commission and approval by the Board of Directors is requested or POD -for Fairview -Kennels .- The request involves the establishment of a POD in order for the existing and long-standing non -conforming use to be on an appropriately zoned tract, and in order for the applicant to be able to expand the building. No variances are requested. June 14, 1994 SUBDIVISION ITEM NO.: 4 (Continued) FILE NO.: Z-5836 B. EXISTING CONDITIONS: The site is the present location of Fairview Kennels. The use as a kennel for boarding, grooming, and training pets has been in existence since 1973 as a legal non -conforming use of the land. There is an existing 50 foot wide by 150 foot deep building on the site, as well as a portable storage building and a pet run and covered pens. There is a concrete parking area at the front of the building. The existing zoning is R-2. There is an 0-2 zoning district to the west, but the remainder of the surrounding area is zoned O-3. C. ENGINEERING/UTILITY COMMENTS: Public Works comments that it will be necessary for the applicant to dedicate an additional 5 feet of right-of-way for Pleasant Ridge Road, and to construct a sidewalk along the Pleasant Ridge Road frontage of the site. The Stormwater Detention Ordinance will be applicable to this development. Little Rock Municipal Water Works had no comments concerning this application. Little Rock Wastewater Utility reports that sewer is available at the rear of the property. Wastewater indicates that no permanent structure may be built within the sewer easement. Arkansas Power and Light Co. will require additional easements. Southwestern Bell Telephone Co. approved the submittal without comment. The Fire Department approved the submittal without comment. Landscaping review comments that there is a minimum front buffer required of 10 feet, and that the proposed areas shown tor landscaping excee —the area required by the Landscape Ordinance. Planning review states that the Mountain District, and that the recommends office use for this an office addition; therefore, 2 site is in the River adopted Land Use Plan site. The proposal is for there is no land use issue. June 14, 1994 SUBDIVISION ITEM NO.: 4 (Continued) FILE NO • Z-5836 D. ISSUES/LEGAL/TECHNICAL/DESIGN: The site plan needs to have the following information shown: 1) the "Fairview Kennels PCD"' title; 2) the proposed treatment of the perimeter of the property; and, 3) a vicinity map. A final plat and Bill of Assurance must be furnished prior to a building permit being issued. E. ANALYSIS• The Land Use Plan indicates that the Planned use of the area is for office uses. The applicant proposes to add space to provide, primarily, office and employee areas. Also, an animal clinic use is listed as a conditional use in the 0-3 zoning district. The proposal, then, for a POD for the kennels is in conformance with the Land Use Plan. The deficiencies in the plan are minimal, and it is anticipated that Mr. Joe White will be able to get the revised and completed site plan prepared prior to the Commission hearing. F. STAFF RECOMMENDATIONS: Staff recommends approval of the request, subject to the applicant meeting all the noted requirements and the plan being revised to show the added information. SUBDIVISION COMMITTEE COMMENT: (MAY 26, 1994) Ms. Joan Walker, the applicant, and Mr. Joe White, with White-Daters & Associates, the engineers on the project, were present. Staff outlined the request and presented the plan. Mr. White reviewed the items contained in the discussion outline, and indicated that he would make the modifications. Ms. Walker reviewed with the Committee the history of the kennel use of the site, and discussed her request. The Committee forwarded the item to the Commission for the public hearing. PLANNING COMMISSION ACTION: (JUNE 14, 1994) Staff presented the application, and reported that the applicant had agreed to comply with all requirements concerning dedication of right-of-way, street improvements, improvements to the parking lot, and upgrading of landscaping, and that there were no remaining issues to be resolved. 3 June 14, 1994 SUBDIVISION ITEM NO.: 4 (Continued) FILE NO.: Z-5836 Ms. Joan Walker, the applicant, and Mr. Joe White, project engineer, were present. Ms. walker presented her request to the Commission. Ms. Sharon Jochums, Executive Seal Society, was present and the application, and objected expanded. She stated that she going to continue at the level existed in the past. Director of the Arkansas Easter indicated she had concerns about if the kennel use was going to be did not object if the use were of activity at which it has The applicant explained that additional space was being provided to allow construction of an office area, staff lounge, and a grooming area, but that no additional kennel area or animal runs are being requested. She explained that, in the process, the landscaping would be upgraded and the parking area would be improved. Ms. Jochums, then, stated that she had no objection to the request. A motion was made and seconded to approve the POD request. The motion carried with the vote of 10 ayes, 0 noes, 1 absent, and 0 abstentions. 4 June 14, 1994 ITEM NO.: 5 FILE NO.: Z-5838 NAME: DETECTION SYSTEMS, INC. -- SHORT -FORM PLANNED OFFICE DEVELOPMENT LOCATION: On the west side of Kanis Road, approximately 0.1 mile south of Baker Lane DEVELOPER: JIM BOTTOMS DETECTION SYSTEMS, INC. 5105 McClannahan Dr., Suite J1 North Little Rock, AR 72116 376-7001 AREA: 3 ACRES NUMBER OF LOTS: 1 FT. NEW STREET: 0 ZONING: R-2 PROPOSED USES: Office PLANNING DISTRICT: 18 CENSUS TRACT: 42.07 VARIANCES REQUESTED: None STATEMENT OF PROPOSAL: The applicant proposes a POD in order to utilize a tract which is outside the City Limits and is currently zoned R-2 for the Detection Systems, Inc. offices. There is an existing building on the tract, and a 24 foot deep addition to this building is proposed, as well as is remodeling of the existing building, for the office use. In the process of remodeling of the building, a brick facade will be added to the front of the building. Paved parking, landscaping to meet Ordinance requirements, and fencing of the rear yard area to a distance of 600 feet from Kanis Road are proposed. Detection Systems, Inc. services and installs all types of security systems, but all service and installation work is done at the customer's job site. Office personnel will occupy the building during normal office hours, and "central station monitoring" personnel will occupy the building on a 24-hour basis. There are no deliveries except those by UPS or Federal Express. A. PROPOSAL/REQUEST: Review by the Planning Commission and approval by the Board of Directors is requested for a POD for Detection Systems, Inc. The proposed use of the property is for the applicant's offices for his business, and will utilize an existing building, plus an addition to this existing June 14, 1994 SUBDIVISION ITEM NO.: 5 (Continued) FILE NO • Z-5838 building. Parking, landscaping, and security fencing at the rear yard will be provided. No variances are proposed. B. EXISTING CONDITIONS: The site is a long, narrow tact with 120 feet of frontage on Kanis Road, extending to the west approximately 1200 feet. There is an existing 40 foot by 40 foot frame building on the site which was, in the past, used as a grocery store. The site is outside the City Limits, but the City Limits line touches the tract at the northeast corner of the property. (The City Limits line runs along the west side of Kanis Road north of the property, touches the property at the northeast corner of the tract, then turns east from that point.) The existing zoning of the tract is R-2, as are all surrounding areas. C. ENGINEERING/UTILITY COMMENTS: Public Works comments that a recent survey and an accurate site plan must be provided. The survey must indicate the right-of-way, floodplain, etc. If there is any floodway on the tract, it must be dedicated to Pulaski County. Little Rock Municipal Water Works reports that, if the site is not already served with Little Rock water, the applicant, in order to receive service, will have to execute a pre -annexation agreement or annex to the City. The Fire Department is anticipated to request another public fire hydrant if this property is annexed to the City. An acreage charge of $300 per acre applies in addition to the normal connection fees for new services. Little Rock Wastewater Utility indicates that the site is outside their service area, and offered no comment. Arkansas Power and Light Co. approved the submittal without comment. Southwestern Bell Telephone Co. will require additional The Fire Department approved the submittal without comment. Landscape review comments that the full buffer width required along Kanis Road and the western perimeter is 30 feet, with the minimum average width required with transfers being 20 feet. The buffer width required along 2 June 14, 1994 SUBDIVISION ITEM NO.: 5 (Continued) FILE NO.: Z-5838 the northern and southern perimeters is 5 feet. A 6 foot high opaque screen, either a wooden "good neighbor" fence or dense evergreen plantings, is required to screen residential properties to the north, south, and west. The Landscape Ordinance requires landscape islands within the vehicular use area to comprise 6% of the total paved area, exclusive of loading areas. Also, a 6 foot wide perimeter landscape strip between the vehicular use areas and adjacent properties and the street is required by the Landscape Ordinance. Planing review reports that the site is in the Ellis Mountain District. The Land Use Plan recommends Transition Zone for this area. The proposed use is consistent with the Plan. D. ISSUES/LEGAL/TECHNICAL/DESIGN: The applicant has requested a POD for Detection Systems, Inc. Based on this request, only this use, by name, will be allowed. The applicant needs to be aware of this limitation and, if appropriate, amend the application to include alternative uses. The site plan is deficient in that it needs to show the scale of the drawing, a vicinity map, the metes and bounds legal description, dedication of required right-of-way on Kanis Road, curb cuts onto Kanis Road from the proposed parking area, landscaping, perimeter buffering, etc. E. ANALYSIS• The proposed use is not in conflict with the Land Use Plan, and the POD is proposed primarily as a means of dealing with approval of the use. The tract has been an identifiable tract for many years, so the plan/plat issue is secondary. Staff feels that parameters for the use and development can be established, and the applicant can complete the required drawings subsequent to the item being referred to the Board of Directors. F. STAFF RECOMMENDATIONS: Staff recommends approval of the request, subject to the applicant abiding by the requirements cited and completing the required drawings. 3 June 14, 1994 SUBDIVISION ITEM NO.: 5 (Continued) FILE NO.: Z-5838 SUBDIVISION COMMITTEE COMMENT: (MAY 26, 1994) The applicant, Mr. Jim Bottoms, was present. Staff presented the request, and Mr. Bottoms explained the rationale for his request. The Committee, staff, and the applicant reviewed the discussion outline, and Mr. Bottoms indicated that he had employed a design professional to prepare new drawings which would adequately represent the application. The Committee forwarded the item to the Commission for the public hearing. PLANNING COMMISSION ACTION: (JUNE 14, 1994) The item was included on the Consent Agenda, with a recommendation from staff that the item be approved with the condition that the required survey and site plan be submitted prior to the item being referred to the Board of Directors for consideration of the POD ordinance. The item was approved with the vote of 10 ayes, 0 nays, 2 absent, and 0 abstentions. 4 June 14, 1994 ITEM NO.: 6 FILE NO.: Z-5839 NAME: CHENAL VILLAGE -- LONG -FORM PLANNED COMMERCIAL DEVELOPMENT LOCATION: At the northeast corner of Financial Center Parkway and Autumn Road DEVELOPER: ENGINEER• TED R. PITTMAN ROBERT BROWN SECOND CENTURY INVESTMENTS DEVELOPMENT CONSULTANTS, INC. 903 E. 18th. St., Suite 230 10411 W. Markham St., Suite 210 Plano, TX 75074 Little Rock, AR 72205 (214) 423-7776 221-7880 AREA: 8.2 ACRES NUMBER OF LOTS: 1 FT. NEW STREET: 0 ZONING: C-3 and R-2 PROPOSED USES: Retail Shopping Center PLANNING DISTRICT: 11 CENSUS TRACT: 24.04 VARIANCES REQUESTED: Waiver of improvements to undeveloped right-of-way along the east boundary of the property, STATEMENT OF PROPOSAL: The applicant proposes the development of an 8.2 acre tract as a retail shopping center. A linear building of approximately 85,000 square feet lies along the north property line. This building is shown being divided into three tenant spaces of approximately equal square footages (27,000, 30,000, and 28,000 square feet). A single 9,000 square foot detached building stands at the southeast corner of the site. Parking for 426 vehicles is proposed. The list of proposed uses includes all C-2 uses by right, except: ambulance service post; amusement, commercial (inside); animal clinic (enclosed); appliance repair; auto glass or muffler shop; bar, lounge, or tavern; beverage store; butcher shop; community welfare or health center; day nursery or day care center; eating place with drive-in service; establishment of a religious, charitable, or philanthropic organization; hardware or sporting goods store; health studio or spa; hotel or motel; laundromat or pickup station; lawn and garden center (enclosed); lodge or fraternal organization; parking, commercial lot or garage; pawnshop; plant sales, temporary/open display; plumbing, electrical, air conditioning, or heating shop; recycling facility, automated; private club with dining or bar service; school (business); secondhand store (used furniture or rummage shop); service station; or, theater. The list of proposed uses June 14, 1994 SUBDIVISION ITEM NO.: 6 (Continued) FILE NO.: Z-5839 include all C-3 uses by right except: cabinet and woodwork shop; college dormitory; college fraternity or sorority; collect, university or seminary; convenience food store with gas pumps; convent or monastery; establishment for the care of alcoholic, narcotic, or psychiatric patients; feed store; food store - supermarket; group care homes; hospital; laboratory, laundry, domestic cleaning; mortuary or funeral home; multifamily dwellings (as per the R-5 district); office, showroom/warehouse (with retail sales, enclosed; private school; kindergarten, or institution for special education; school (commercial, trade, or craft); school (public or denomination); taxidermist; or, video rental store. The list of proposed uses, as well as those not listed above, includes: restaurant or cafeteria; specialty food store (such as health foods, organic foods, etc.), pet store, pharmacy with drive-through service, and enclosed retail uses not listed in the C-2 and C-3 listings of uses by right. The proposed signage is a combined sign panel of 12 feet by 12 feet in a masonry structure with an overall size of 15 feet in height and 13 feet in width. Each of the tenants will have separate panel areas within the overall panel. Site lighting is proposed to be limited to 30 foot maximum height poles with directional type fixtures to minimize any bleedover to surrounding properties. Hours of operation are proposed to be from 8:00 AM to 11:00 PM on week days and 8:00 AM to midnight on weekends. Trash pick-up is proposed to be limited to business hours. The developer proposes to pay a 25% share of the cost related to signalization of the Autumn Road -Financial Center Parkway intersection. There is an existing 30 foot wide street right-of-way which lies along the eastern boundary of the site, and "dead -ends" at the Birchwood Subdivision boundary to the north. The eastern drive approach off Financial Center Parkway utilizes the southern end of the right-of-way for access to this site and to the abutting site to the east. The portion of the right-of-way north of this drive approach is undeveloped and is not planned by the City for evelopmen a applicant proposes to retaint right-of-way as part of a natural and landscape buffer area. Therefore, a waiver is requested to the requirement that boundary rights-of-way be improved. Supplemental plantings in this buffer area will be provided; however, to keep the right-of-way clear for the power line and from having to be maintained by the abutting residential owners, the supplemental plantings will be kept 15 feet off the east property line of the right-of-way. 2 June 14, 1994 SUBDIVISION ITEM NO.: 6 (Continued) FILE NO.: Z-5839 The applicant requests that no privacy fence be required along the east boundary, and that the natural and supplemental plantings suffice for the required buffers. The applicant proposes to finish the east facing walls of the proposed buildings with a neural color, and to place no trademark logos or accent colors on these east facing walls. A. PROPOSAWREQUEST: Planning Commission review and Board of Directors approval of an ordinance for the establishment of Chenal Village PCD is requested. The PCD entails the development of an 8.2 acre site with an 85,000 square foot building across the north boundary of the site and a free-standing 9,000 square foot building at the southeast corner of the site. Parking for 426 vehicles is proposed. Limited C-2 and C-3 uses are requested. Realignment and improvements to Autumn Road are provided. An unused north -south right-of-way which lies along the east property line of the site is proposed to be retained as buffer to separate the commercial center from the residential uses to the east. Since the Regulations require the improvement of boundary rights-of-way, a wavier of this requirement is sought from the Board of Directors. B. EXISTING CONDITIONS: The western two-thirds of the site is undeveloped. The eastern one-third of the site is the present location of the First Assembly of God Church. The terrain generally slopes from a high point along the east property line to the west, with a grade differential across the site of approximately 40 feet. The existing zoning of the site is C-3 and R-2. The western portion of the site is the C-3 area; the eastern portion, where the church facility is located, is an R-2 area. There is a conditional use permit for the church use of this R-2 property. To the east of the site is a portion of the Birchwood neighborhood, with houses which face Springwood Drive backing up to the site. At the southeast corner of e tract is an O- zone si e. TO he north Is a large 0-2 area. (This 0-2 area has a 50 foot OS strip on its east and north boundary which separates the 0-2 zoned area from the R-2 zoned Birchwood neighborhood.) To the west, across Autumn Road, and to the south, across Financial Center Parkway, are C-3 zoned tracts. 3 June 14, 1994 SUBDIVISION ITEM NO • 6 (Continued) FILE NO.: Z-5839 C. ENGINEERING/UTILITY COMMENTS: Public Works comments that a turn lane on Chenal Parkway will be required to be constructed, and Autumn Road will have to be aligned and constructed as required by Engineering. The Stormwater Detention and Excavation Ordinances will apply. (The applicant is advised to obtain a state permit for stormwater discharge.) Little Rock Municipal Water Works reports that a pro -rata front footage charge of $12 per foot applies along a portion of the frontage on Financial Center Parkway, in addition to the normal connection charge (307 feet @ $12 = $3,684). On site fire protection will be required. Little Rock Wastewater Utility reports that a sewer main extension will be required to serve all buildings. Arkansas Power and Light Co. will require additional easements. Southwestern Bell Telephone Co. approved the submittal without comment. The Little Rock Fire Department reported that the fire hydrant locations may need to be rearranged to serve the sprinkler hook-ups. Standard City "No Parking/Tow Away Zone" signs are to be placed around the perimeter of the buildings. Landscaping review reports that the areas set aside for buffers and landscaping meet Landscaping Ordinance requirements. Planning review states that the site is in the I-430 District. The adopted Land Use Plan recommends commercial uses for the western one-half of the site and office uses for the eastern half. The Planning staff questions the need for the addition of commercial acreage, but recognizes that the proposal, as one uniform developments which limits commercial uses, and with sufficient buffering, has merits. The Planning staff recommends that the free-standing building, which is in the area designated for office uses and which is close to the residential uses to the east, be eliminated. D. ISSUES/LEGAL/TECHNICAL/DESIGN: All submittal requirements have been met. The Public Works concerns regarding Autumn Road alignment and construction have been met. 0 June 14, 1994 SUBDIVISION ITEM NO.: 6 (Continued) FILE NO.: Z-5839 The Subdivision Regulations (Section 31-201.h) states: "Whenever a proposed subdivision abuts a partially dedicated... public street, the developer shall provide the minimum of one-half of the required improvements and right- of-way." There is 30 feet of a dedicated right-of-way along the east boundary of the subdivision; and, since the developer plans to retain the right-of-way as a portion of the needed buffer and not develop the street, a waiver of this requirement is required. E. ANALYSIS• There have been a number of neighborhood meetings involving the developer's engineer and the Birchwood neighborhood. The list of proposed users was developed in and as a result of those neighborhood meetings. (In the final analysis, though, the neighborhood's official recommendation is for denial of the proposed PCD.) The OS buffer on the 0-2 property to the north is 50 feet in width. The developer of this PCD has proposed a minimum 59.3 foot wide buffer, including the 30 foot wide undeveloped street right-of-way. At the southeast corner of the project, where the free standing building backs up to residential properties, the buffer is increased to 69.3 feet. As pointed out in the Planning staff's comments regarding the land use question concerning this site, there is considered to be merit is having a uniform development which limits possible commercial uses, even though the Land Use Plan shows the eastern one-half of the site to be reserved for office uses. (The western one-half of the site is shown, on the Land Use Plan, for commercial uses; so, the proposal is in conformance with the Plan in this part of the site.) F. STAFF RECOMMENDATIONS: Staff recommends approval of the PCD and of the list of proposed uses, with the condition that the free-standing building at the sout east corner of—t-he site be el minted. SUBDIVISION COMMITTEE COMMENT: (MAY 26, 1994) Mr. Ted Pittman, a representative of the developer, and Mr. Robert Brown, representing the project engineering firm, were present. Staff presented the request and Mr. Brown reviewed the 6i June 14, 1994 SUBDIVISION ITEM NO.: 6 (Continued) FILE NO • Z-5839 comments in the discussion outline. The Committee reviewed the proposed development plans and the comments with Mr. Brown. Mr. Brown stated that the needed changes and additions would be made. There was a discussion concerning the median cut and driveway off Financial Center Parkway at the southeast corner of the site. Mr. Ed Willis was present, and he stated that the provision for this medial cut and driveway were provided for in the agreement to dedicate right-of-way for Financial Center Parkway. The Committee forwarded the item to the Commission for the public hearing. PLANNING COMMISSION ACTION: (JUNE 14, 1994) Staff presented the request and reported that the staff recommendation was for approval of the request, on the condition that the list of approved uses be limited and that the free- standing building be removed. Mr. Robert Brown, with Development Consultants, Inc., reviewed the request, outlining the elements of the site plan and the proposal. He indicated that the total building area proposed for the site is 94,000 square feet, more or less, which is approximately 26.8% of the total area of the site. The interior green space represents 25% of the area, with the perimeter green space equaling 1.4 acres. He cited the list of prohibited uses, as contained in the hand-out, but indicated that there were a couple of errors: 1) that a crematorium had been inadvertently omitted from the list of prohibited uses; and, 2) that sporting good store had been omitted from the list of permitted uses. He reported that the proposed development met all the requirements for setback and landscaping; that it provided good buffers to the abutting residential properties; and, that, because the site is substantially lower than the residences on Springwood Drive, the residential area would be minimally affected. Mr. Brown pointed out that the developer was being required to include a significant realignment of Autumn Road onto his property; Autumn Road was being shifted to the east for better alignment with the existing intersection, and to provide a better alignment for a signalized intersection. He reported that the developer agreed to participate in the installation costs of signalizing the intersection, and would pay 25% of those costs. He also men ione<hat the plan provides for the required turn lane from Financial Center Parkway onto Autumn Road. Mr. Brown said that the developer disagrees with the staff position that the free- standing building should be eliminated. He reported that a number of neighborhood meetings had been held, and that the developer had tried to accommodate as many of the neighborhood ri June 14, 1994 SUBDIVISION ITEM NO.: 6 (Continued) FILE NO.: Z-5839 concerns as possible; however, he realized that the neighborhood still had some concerns that the developer was unable to accommodate. He reported that, in addition to the concessions previously included in the report to staff, the developer had agreed to limit trash pick-up to daylight hours in lieu of "business hours" as cited. Mr. Brown proposed that the free-standing building be moved from its position at the southeast corner of the property to the southwest corner, but added that a drive-thru window would be requested. Mr. Joe Jackson spoke in support of the proposal. He identified himself as the pastor of the First Assembly of God Church and as a resident of Birchwood. He indicated that the Church needed to sell the present location and move to another site, and that the Church supported the development. Mr. Fletcher Clement, who introduced himself as an owner of the abutting property to the north, spoke in support of the proposal, but indicated that he had one reservation: that the north buffer needed to be increased to 50 feet, with the existing stand of trees left in tact. He also wanted the fence along the north property line increased from 6 feet in height to 8 feet. He also wanted additional trees planted in the 50 foot buffer where there was inadequate tree coverage. Commissioner Oleson asked staff for a report on the buffer requirements for such a development. Neighborhoods and Planning Director, Jim Lawson, reported that the buffers and landscaping requirements are met in the site plan as presented; that the buffer along the north property line tapers from approximately 16 feet to approximately 28 feet, and that this is more than is required by the regulations. Mr. Lawson went on to say, though, that staff would support an increase in the north buffer, since this would encourage office development on the property to the north, and would discourage attempts at commercial rezoning of the tract. He indicated that staff would be supportive of the relocation of the building to the southwest corner of the property, and that staff did not care if a drive-thru window were added for that location. Mr. Brown responded to Mr. Clement's comments, and reported that the regulations do not require a buffer between the proposed commercial use and the office use to the north; that only a 6 foot perimeter landscaping strip is required. He reported that the developer has proposed a landscape buffer far in excess of the 6 foot minimum, and complained that a 50 foot buffer provision would be excessive. He did say, though, that the developer would provide an 8 foot high fence along the north boundary. 7 June 14, 1994 SUBDIVISION ITEM NO.: 6 (Continued) FILE NO.: Z-5839 Commissioner Willis asked for a report on how much parking would be eliminated if the 50 foot buffer were required. Mr. Brown responded that the building would have to be moved forward approximately 20 feet, and this would take spaces off each bay of spaces. Mr. David Elms spoke in support of the development, and indicated that he was speaking on behalf of the First Assembly of God Church membership. Mr. Doyle Daniel, president of the Birchwood Neighborhood Association, spoke, and read a prepared statement into the record. He indicated that the neighborhood was in opposition to the proposal, but, with modification of the proposal, could support it. He said that the neighborhood supported limiting the uses to C-2 uses and eliminating all C-3 uses. The neighborhood opposed all restaurant uses, no matter where on the site that use is proposed to be located. He said that the neighborhood was concerned, not so much about the food service users who had been identified by the developer as potential tenants, but about any future food service users that might be tenants on the site. He said that the neighborhood opposed any drive-thru service, any pet store, and to the inclusion of the "retail uses not listed" in the proposal. Mr. Floyd B. Boyd identified himself as a resident on Spring -wood Drive whose property backs up to the proposed site. He reiterated Mr. Daniel, opposition. Mr. Ken Davis complained that the developer has made a significant change in their proposal by introducing a drive-thru restaurant into the proposal, and stated that a high density commercial use should not be located adjacent to residential use areas. Such an encroachment, he said, affects the livability of the area. Ms. Ruth Bell, representing the League of Women Voters, said that the League opposed the development. She said that the 9:00 hour for closing the businesses which was proposed by the neighborhood was late enough. The drive-thru window proposal, she said, was �arriac�eptable . He said at e League would not support the free-standing building being included in the proposal. Mr. Ed Willis, identifying himself as a seller of the C-3 portion of the site and having an interest in other office development in the Financial Center Parkway area, spoke in support of the development. He reminded the Commissioners and Birchwood neighbors that half of the site is presently zoned C-3, and, as June 14, 1994 SUBDIVISION ITEM NO • 6 (Continued) FILE NO.: Z-5839 such, C-3 uses could be placed on that part of the site without neighborhood input or the limitations on the uses being offered by the developer. The C-3 area could have the fast food restaurant with the drive-thru window, a pet store with veterinary service, etc., and, in fact, he said that the Owners, had been presented with those options already. The proposed development provides a good opportunity for the area, he said. The site is spread out, not congested, and places C-3 uses in the C-3 part of the site. He pointed out that the Land Use Plan calls for the east half of the site to be for office use, and, he said, the three Financial Centre buildings are each on less land than the east half of the site contains; he said that the east half of the site could be developed with a similar building. The Financial Centre buildings each contain over 100,000 square feet in 5 stories, and such a development could be proposed for the area abutting the Springwood Drive homes if the PCD failed. Mr. Brown reiterated that the developer is offering a greatly reduced list of users for the PCD which eliminates half of the C-3 uses in the Zoning Ordinance. He said, though, that the developer cannot eliminate the "retail uses not listed" from the list. The proposed list is primarily C-2 uses with the addition of the specialty food store. He pointed out that the proposed food service development relocated to the southwest corner of the site is over 500 feet away from the residential area, and, that it is in the C-3 area. Commissioner Putnam asked Mr. Brown if the developer could agree to providing the requested 50 foot buffer along the north property line. Mr. Brown replied that this could not be accommodated. Chairperson Chachere recalled that the developer had committed to providing the 8 foot high fence, and that the buffer which has been proposed ranges in depth from 16 feet to 28 feet. Commissioner Oleson asked Mr. Brown to speak to the proposed site lighting and signage. Mr. Ted R. Pittman, with Second Century Investments, said that the developer needs the Commission to approve later operating hours thanthe 9 : 0 0 time proposedby ne g nzodtiat a closing time of 11:00 and 12:00 are acceptable. Mr. Brown reported that there would be one primary combined sign for the site, and that building signage would meet the regulations. Commissioner Oleson asked Mr. Brown if there would be any pole signs. June 14, 1994 SUBDIVISION ITEM NO • 6 (Continued) FILE NO.: Z-5839 Mr. Brown said that there would be none. Bob Brown, the Neighborhoods and Planning staff person responsible for landscape review, said that the regulations do not require a buffer on the north property line; only a 6 foot wide landscape strip and a 6 foot high good neighbor fence. He said that if a buffer were required, the width of such a buffer would be required to average 30 feet. Commissioner Willis asked staff for a reaction to requiring a 30 foot buffer. Mr. Lawson responded that such a buffer width would be acceptable if it were 30 feet in depth the entire width of the site. He went on to explain the rationale for not supporting the C-3 use and the free-standing building at the southeast corner of the site; that the Land Use Plan calls for the east half of the site to be office uses, and the east half of the site needs to be less intensely developed. He said, though, that staff does not support telling the developer that he can sell one type of goods and not another. The Ordinance, he said, differentiates between restaurants with drive-thru service and those with out, and this distinction can be made, but not other distinctions. Mr. Brown clarified the developer's proposal: he indicated that the free-standing building would be shifted to the southwest corner of the site and reduced to a 6,000 square foot building; that this building would have provision for drive-thru service; that an 8 foot high fence would be provided along the north property line; that the north buffer would be increased to 25-30 foot in depth, average; that the crematorium was to be added to the prohibited listing of uses, but that the sporting goods sales would be added to the listing of permitted uses; and, that food store use would be added to the list of prohibited uses. Mr. Daniel asked if the developer still proposed another restaurant use on the property. Mr. Brown responded that, pursuant to the developer's instructions, the restaurant use at the free-standing building would be the only restaurant use on the site. Mr. Willis indicted that neighborhood representatives had cited the late night construction activity on other sites in the area, and asked the developer to limit the hours of construction activity. Mr. Brown, again after consulting with Mr. Pittman, replied that the developer would enforce a 9:00 P.M. limit on construction activity. 10 June 14, 1994 SUBDIVISION ITEM NO.: 6 (Continued) FILE NO.: Z-5839 Commissioner Walker clarified for the record that coffee served in conjunction with the book library and sales operation would not constitute a restaurant use; that the primary use of the tenant would be the controlling criteria. A motion was then made and seconded to recommend approval the amended site plan, including the listing of proposed use exclusions and provisions, as amended, and including the request to leave the north -south boundary street right-of-way along the east boundary of the site as a landscape buffer without the developer having to provide additional right-of-way or having to construct Master Street Plan improvements in the unused right-of-way. The motion to recommend approval passed with the vote of 9 ayes, 1 no, 1 absent, and 0 abstentions. 11 June 14, 1994 ITEM NO.: 8 FILE NO.: Z-5840 NAME: CLIMATE CONTROL MINI -STORAGE -- SITE PLAN REVIEW LOCATION: On the west side of Jamison Road, approximately 200 feet south of I-30 DEVELOPER: ENGINEER• HOUSE PROPERTIES ROBERT D. HOLLOWAY P. 0. Box 470 200 Casey Dr. North Little Rock, AR 72115 Maumelle, AR 72113 945-3377 851-8806 AREA: 1.9 ACRES NUMBER OF LOTS: 1 FT. NEW STREET: 0 ZONING: I-2 PROPOSED USES: Mini -Warehouses PLANNING DISTRICT: 14 CENSUS TRACT: 41.07 VARIANCES REQUESTED: None STATEMENT OF PROPOSAL: The applicant proposes a mini -storage facility involving the development of a 1.9 acres site and the construction of 4 buildings. Each building will have 9,515 square feet of floor area, or a total building area of 38,060 square feet. Concrete driveways are proposed, as is a 6 foot high chain link fence around the perimeter of the property. A. PROPOSAL/REQUEST: Review and approval by the Planning Commission is requested for a site plan for Climate Control Mini -Storage, Inc. Construction of 4 mini -storage buildings on a 1.9 acre tract is proposed. A chain link fence is to be built at the perimeter of the property for security purposes. No variances are requested. B. EXISTING CONDITIONS: The site is overgrown and currently unused. There is a deteriorated structure at the northwest corner of the property which is to be removed. The current zoning of the site is I-2, with I-2 zoning on all sides of the property west of Jamison Road. Across Jamison Road is R-2 zoned land; however, there is no occupied residential use, or any use of any kind, for that matter, across from the Climate Control Mini -Storage site. June 14, 1994 SUBDIVISION ITEM NO.: 8 (Continued) FILE NO.: Z-5840 C. ENGINEERING/UTILITY COMMENTS: Public Works comments that Master Street Plan improvements will be required along Jamison Road. The Stormwater Detention and Excavation Ordinances will be applicable. The survey must contain the required floodway statement. Little Rock Municipal Water Works reports that a water main extension will be required. Little Rock Wastewater Utility reports that a sewer main extension, with an easement, will be required. Arkansas Power and Light Co. will require easements. Along the north property line, a 10 foot easement is required (7 feet from each property owner). Along the west property line, a 15 foot easement is required (7.5 feet from each property owner). The Little Rock Fire Department will require driveways to be a minimum of 20 feet of unobstructed width. Landscaping review comments that the areas shown for buffers and landscaping comply with minimum requirements. D. ISSUES/LEGAL/TECHNICAL/DESIGN: There are only minor deficiencies in the design: 1) the north and south drives must be a minimum of 20 feet in width in lieu of the 18 feet as shown; 2) the required Master Street Plan improvements must be shown on the plan, including indicating the sidewalk and street construction; 3) the required easements must be added; and, 4) the floodway statement must be added to the survey. E. ANALYSIS• There are only minor issues which remain to be dealt with, and the applicant and his engineer have represented that the deficiencies will be corrected. F. STAFF RECOMMENDATIONS: Staff recommends approval of the site plan, subject to the applicant adding the required information to the plan and correcting the minimal deficiencies. 2 June 14, 1994 SUBDIVISION ITEM NO.: 8 (Continued) FILE NO.: Z-5840 SUBDIVISION COMMITTEE COMMENT: (MAY 26, 1994) Mr. Robert Holloway, the project engineer, was present. Staff presented the site plan and Mr. Holloway reviewed with the Committee and staff the deficiencies noted in the discussion outline. Mr. Holloway reported that the deficiencies would be corrected. The Committee forwarded the item to the Commission for final disposition. PLANNING COMMISSION ACTION: (JUNE 14, 1994) The item was included on the Consent Agenda, with a recommendation from staff that the item be approved. The item was approved with the vote of 10 ayes, 0 nays, 2 absent, and 0 abstentions. 3 June 14, 1994 ITEM NO.: 7 FILE NO.: Z-5836 NAME: HEALTH ADVANTAGE OFFICE BUILDING -- SITE PLAN REVIEW LOCATION: On the north side of the cul-de-sac at the west end of Corporate Hill Drive DEVELOPER• ENGINEER: CYPRESS PROPERTIES ARTHUR THOMAS BY JOHN FLAKE 3810 Lookout Rd. 425 W. Capitol Ave., Suite 300 North Little Rock, AR 72116 Little Rock, AR 72203 753-4463 376-8005 AREA: 2.14 ACRES NUMBER OF LOTS: 1 FT. NEW STREET: 0 ZONING: O-2 PROPOSED USES: Office Building PLANNING DISTRICT: 2 CENSUS TRACT: 22.05 VARIANCES REQUESTED: Waiver from the sidewalk requirement along the Corporate Hill Drive frontage. STATEMENT OF PROPOSAL: The applicant proposes the construction of a 2 -story, 30,000 square foot office building with parking for 120 vehicles on a 2.14 acre site. A. PROPOSAL/REQUEST: Planning Commission review and approval of a site plan for the Health Advantage office building is requested. Proposed is a 2 -story building containing 15,000 square feet per floor, and parking for 120 vehicles. A waiver from the requirement to construct a sidewalk along the Corporate Hill Drive frontage of the site is requested, and will have to be approved by the Board of Directors. B. EXISTING CONDITIONS: The site is undeveloped and wooded. There is a 16 foot drop in grade across the site, generally falling from a high point at the southwest corner of the lot to the northeast. The existing zoning is 0-2. The lots to the north are 0-3. All remaining lands to the east, south, and west are 0-2. June 14, 1994 SUBDIVISION ITEM NO.: 7 (Continued) FILE NO.: Z-5836 C. ENGINEERING/UTILITY COMMENTS: Public Works comments that the Stormwater Detention and the Excavation Ordinances are applicable to this development. Little Rock Municipal Water Works reports that on-site fire protection may be required. Little Rock Wastewater Utility comments that sewer service is available, and that there is no adverse effect to providing service. Arkansas Power and Light Co. approved the submittal without comment. Southwestern Bell Telephone Co. approved the submittal without comment. The Little Rock Fire Department reports that an on-site fire hydrant may be required. Landscaping review comments that the areas denoted for buffers and landscaping comply with the Ordinance requirements. D. ISSUES/LEGAL/TECHNICAL/DESIGN: The Subdivision Regulations (Sect. 31-282) requires sidewalks on both sides of commercial streets. Because Corporate Hill Drive is a cul-de-sac street; because the site is at the end of the cul-de-sac; and, because there is no sidewalk on the west/north side of Corporate Hill Drive, the applicant has requested a waiver of the sidewalk requirement on their side of the street. E. ANALYSIS: There are no deficiencies of any significance in the submittal. The lots in Corporate Hill subdivision are large tracts, and Corpora -e H-i7-r-Driveis era ative short- a -sac. It is not felt that a sidewalk on both sides of the street is mandatory, and, in this instance, would provide any useful purpose. F. STAFF RECOMMENDATIONS: Staff recommends approval of the site plan and approval of the requested waiver. 2 June 14, 1994 SUBDIVISION ITEM NO • 7 (Continued) FILE NO.: Z-5837 SUBDIVISION COMMITTEE COMMENT: (MAY 26, 1994) Representatives of the applicant and engineer were present. Staff presented the site plan to the Committee members, and the discussion outline comments were reviewed with the applicant's representatives and with the Committee. There were only minor deficiencies noted for discussion. The Committee forwarded the item to the Commission for the public hearing. PLANNING COMMISSION ACTION: (JUNE 14, 1994) The item was included on the Consent Agenda, with a recommendation from staff that the item be approved. The item was approved with the vote of 10 ayes, 0 nays, 2 absent, and 0 abstentions. 3 June 14, 1994 ITEM NO.: 8 FILE NO.: Z-5840 NAME: CLIMATE CONTROL MINI -STORAGE -- SITE PLAN REVIEW LOCATION: On the west side of Jamison Road, approximately 200 feet south of I-30 DEVELOPER: ENGINEER: HOUSE PROPERTIES ROBERT D. HOLLOWAY P. O. Box 470 200 Casey Dr. North Little Rock, AR 72115 Maumelle, AR 72113 945-3377 851-8806 AREA: 1.9 ACRES NUMBER OF LOTS: 1 FT. NEW STREET: 0 ZONING: I-2 PROPOSED USES: Mini -Warehouses PLANNING DISTRICT: 14 CENSUS TRACT: 41.07 VARIANCES REQUESTED: None STATEMENT OF PROPOSAL: The applicant proposes a mini -storage facility involving the development of a 1.9 acres site and the construction of 4 buildings. Each building will have 9,515 square feet of floor area, or a total building area of 38,060 square feet. Concrete driveways are proposed, as is a 6 foot high chain link fence around the perimeter of the property. A. PROPOSAL/REQUEST: Review and approval by the Planning Commission is requested for a site plan for Climate Control Mini -Storage, Inc. Construction of 4 mini -storage buildings on a 1.9 acre tract is proposed. A chain link fence is to be built at the perimeter of the property for security purposes. No variances are requested. - B ---E=STTNG–COND2TIONS : -- — ----- --------------- The site is overgrown and currently unused. There is a deteriorated structure at the northwest corner of the property which is to be removed. The current zoning of the site is I-2, with I-2 zoning on all sides of the property west of Jamison Road. Across Jamison Road is R-2 zoned land; however, there is no occupied residential use, or any use of any kind, for that matter, across from the Climate Control Mini -Storage site. June 14, 1994 SUBDIVISION ITEM NO.: 8 (Continued) FILE NO.: Z-5840 C. ENGINEERING/UTILITY COMMENTS: Public Works comments that Master Street Plan improvements will be required along Jamison Road. The Stormwater Detention and Excavation Ordinances will be applicable. The survey must contain the required floodway statement. Little Rock Municipal Water Works reports that a water main extension will be required. Little Rock Wastewater Utility reports that a sewer main extension, with an easement, will be required. Arkansas Power and Light Co. will require easements. Along the north property line, a 10 foot easement is required (7 feet from each property owner). Along the west property line, a 15 foot easement is required (7.5 feet from each property owner). The Little Rock Fire Department will require driveways to be a minimum of 20 feet of unobstructed width. Landscaping review comments that the areas shown for buffers and landscaping comply with minimum requirements. D. ISSUES/LEGAL/TECHNICAL/DESIGN: There are only minor deficiencies in the design: 1) the north and south drives must be a minimum of 20 feet in width in lieu of the 18 feet as shown; 2) the required Master Street Plan improvements must be shown on the plan, including indicating the sidewalk and street construction; 3) the required easements must be added; and, 4) the floodway statement must be added to the survey. E. ANALYSIS: There are only minor issues which remain to be dealt with, and the applicant and his engineer have represented that the deficiencies will be corrected. F. STAFF RECOMMENDATIONS: Staff recommends approval of the site plan, subject to the applicant adding the required information to the plan and correcting the minimal deficiencies. 2 June 14, 1994 SUBDIVISION ITEM NO.: 8 (Continued) FILE NO.: Z-5840 SUBDIVISION COMMITTEE COMMENT: (MAY 26, 1994) Mr. Robert Holloway, the project engineer, was present. Staff presented the site plan and Mr. Holloway reviewed with the Committee and staff the deficiencies noted in the discussion outline. Mr. Holloway reported that the deficiencies would be corrected. The Committee forwarded the item to the Commission for final disposition. PLANNING COMMISSION ACTION: (JUNE 14, 1994) The item was included on the Consent Agenda, with a recommendation from staff that the item be approved. The item was approved with the vote of 10 ayes, 0 nays, 2 absent, and 0 abstentions. p 3 June 14, 1994 ITEM NO.: 9 FILE NO.: Z -1840-B NAME: Little Rock Racquet Club - Conditional Use Permit LOCATION: #1 Huntington Road OWNER/APPLICANT: Little Rock Racquet Club by James C. Summerlin Associates PROPOSAL: A conditional use permit is requested to allow for the expansion of the parking lot for the existing swimming and tennis facility located on this R-4 zoned, 10.67 acre site. ORDINANCE DESIGN STANDARDS: 1. Site Location The property is located off of Huntington Road, in the Foxcroft neighborhood. 2. compatibility with Neighborhood The Little Rock Racquet Club has existed at this location for approximately 30 years. The club property serves as a buffer between the heavy development along Cantrell Road and the single family residential subdivision to the north. With proper attention to screening the new parking lot and drive, the club will continue to be compatible with the neighborhood. 3. On -Site Drives and Parking The Racquet Club currently has 78 existing parking spaces. This proposal would add 45, giving a total of 123 on-site parking spaces. All lighting for the new parking lot and driveway must be low-level and directional, aimed__away_ from the adjacent residential properties. 4. Screening and Buffers Compliance with the City's Landscape and Buffer Ordinances is required. The required buffer on the north perimeter is 23 feet; a 13 foot buffer is proposed. The required buffer on the west perimeter is 40 feet; a buffer ranging in width from 9 feet to 16 feet is proposed. The applicant proposes to lessen the impact of the reduced buffers by installing a June 14, 1994 ITEM NO.: 9 (Continued) FILE NO.: Z -1840-B wooden fence along the north perimeter and by heavily landscaping along the west perimeter. 5. City Engineer Comments Detention and Excavation Ordinances apply. 6. Fire Department Comments All driveways must be a minimum of 20 feet in width. Construct a 20 foot wide, all-weather surface fire lane at the southwest corner, adjacent to the indoor tennis courts. 7. Utility Comments No comments 8. Analysis There is currently a shortage of parking at the Little Rock Racquet Club and at peak usage times many patrons park on the adjacent residential streets. The proposal to construct 45 additional on-site parking spaces will help to address this situation. With attention to properly screening the adjacent residential properties, staff is supportive of the request. 9. Staff Recommendation Staff recommends approval of this application subject to compliance with the City's Landscape and Buffer Ordinances and compliance with the City Engineer and Fire Department Comments. Staff recommends approval of the requested reduction in the required buffer on the north and west perimeters with the stipulation that increased plantings and screening are placed in these areas. SUBDIVISION COMMITTEE COMMENT: (MAY 26, 1994) Edward Ebbing and Raymond Hickey were present representing the applicant. The primary focus of the discussion was the reduced buffer on the north and west perimeters. The applicants explained that increased plantings and screening would be placed in these areas. The applicant stated that no additional lighting was proposed for the new driveway and parking lots. The Committee determined that there were no other outstanding issues and forwarded this item to the full Commission for final resolution. F June 14, 1994 ITEM NO.: 9 (Continued) FILE NO.: Z -1840-B PLANNING COMMISSION ACTION: (JUNE 14, 1994) The applicant was present. There were several concerned neighborhood residents present. Dana Carney, of the Planning staff, presented the item and informed the Commission that the applicant had submitted a revised plan showing the parking lot and driveway expansion being done in two phases. Mr. Carney also informed the Commission that the applicant had prepared the list of adjacent property owners himself using Beach Abstract Company records and that the notices were sent two days late. A waiver of the Planning Commission bylaws regarding both of these matters is required. Mr. Carney continued by stating that a small area at the southwest corner of the property is currently being used for parking. Access to this area is being taken via an Arkla Gas access easement from the adjacent Fox Glen Apartments. Parking in this area, which is shown as a fire lane, is creating problems for the adjacent residential property owners. Mr. Carney stated that the Racquet Club should take steps to eliminate public parking in this area. Jim Lawson, Director of the Department of Neighborhoods and Planning, stated that parking in this area should be eliminated at the time the Phase II driveway and parking lot are constructed. The applicant, James Summerlin, addressed the Commission. He presented the revised plan and stated that there was no time frame on the implementation of Phase II. Mr. Summerlin informed the Commission that the Racquet Club had agreed to chain off the parking area at the southwest corner and lock the gate prohibiting access from the apartment complex at the time Phase II is constructed. He continued by stating that a barricade of some type would be installed to keep vehicles from damaging the neighbor's fence during Phase I. Commissioner Willis asked if the practice wall that was mentioned at the subdivision Committee meeting would be constructed. The applicant responded that the practice wall would not be included with this application. Commissioner Walker asked if access from the apartment complex would be limited after hours through Phase I. Gail Edelmann, manager of the Racquet Club, responded that the club will lock the back gate and put up a chain at the front entrance after hours. Nelson Reinhardt, of 3014 Foxcroft Road, next addressed the Commission. He stated that he was in favor of the club expanding 01 June 14, 1994 ITEM NO.: 9 (Continued) FILE NO.: Z -1840-B its parking lot, but that he was concerned about drainage problems in the area caused by the improvements taking place on the club property. Mr. Reinhardt stated that there have been requirements placed on the club property as a result of previous Planning Commission actions that had not been met or maintained, such as drainage and screening. In response to a question from a commissioner, Bob Brown, Plans Review Specialist, stated that the proposed improvements complied with the minimum landscape and buffer requirements. Jim Lawson stated that the City Engineer's Office will work with the applicant to address drainage problems. Keith French, of #3 Racquet Court, next addressed the Commission. He stated that he did not want any access to the site to be taken from the apartment complex and that he wanted parking in the southwest corner of the Racquet Club property to cease. Jim Lawson stated that once the Phase II driveway and parking lots are built, there will be no access from the apartment complex and parking at the southwest corner of the Racquet Club property will cease. Jim Osborne, of 15 Racquet Court, told the Commission that he was opposed to any continued parking in the area west of the indoor tennis center, at the southwest corner of the property. Commissioner Oleson asked if access to and use of the parking area at the southwest corner of the property could be eliminated immediately. Mr. Summerlin responded that access to this area is necessary for maintenance and that until the Phase II driveway is built there is no other way to access this area of the Racquet Club property. After further discussion, the applicant agreed to lock the gate at the southwest corner of the property at night and to eliminate public access to this area at the time the Phase II driveway and parking lots are constructed. A motion was made to waive the bylaws regarding the list of property owners and the late notice. This motion passed with a vote of 6 ayes, 1 noe and 4 absent. Commissioner Oleson asked if the applicant would screen the dumpster and increase the fence on the east perimeter of the main parking lot, located east of the clubhouse, to 6 feet. Gail Edelmann responded that the Racquet Club would enclose the dumpster and would install a 6 foot fence along the east perimeter of the main parking lot. 4 June 14, 1994 ITEM NO.: 9 (Continued) FILE NO.: Z -1840-B A motion was made to approve the application with the various stipulations and agreements mentioned. The vote was 7 ayes, 0 noes and 4 absent. The approval was granted subject to the following conditions: 1. Compliance with the City's Landscape and Buffer Ordinances 2. Compliance with the City Engineer and Fire Department Comments 3. The gate at the southwest corner, providing access from the adjacent apartment complex, is to be locked at night and at the time the Phase II driveway and parking lot are constructed, all public access to the gravel parking area at the southwest corner is to be eliminated completely. 4. Some form of wheel stops or curbs are to be installed in the gravel parking area at the southwest corner to prevent vehicles from backing into and damaging the fence. 5. A six foot screening fence is to be constructed along the entire length of the east perimeter of the main parking lot located east of the clubhouse. 6. The dumpster is to be enclosed with an 8 foot screening fence. The Planning Commission approved the reduction in the required buffer on the north and west perimeters with the stipulation that increased plantings and screening are placed in this area. 61 June 14, 1994 ITEM NO.: 10 FILE NO.: G-23-211 Name: "R" Street Exclusive Right -of -Way and Easement Abandonment Location: "R" Street, between North Pierce and North Fillmore Streets Owner/Applicant: Calvary Baptist Church by Burt Taggart Reauest: To abandon the "R" Street Right -of -Way between North Fillmore and North Pierce Streets and to abandon any public easements located in that portion of public right-of-way. The applicant has requested that this item be deferred to the July 26, 1994 Planning Commission meeting. The applicant desires more time to meet with the neighborhood and city staff in hopes of finding an acceptable means to abandon or realign this block of "R" Street. SUBDIVISION COMMITTEE COMMENT: (MAY 26, 1994) The Committee was informed of the applicant's request to have this item deferred to the July 26, 1994 Planning Commission meeting. The Committee forwarded the item to the full Commission. PLANNING COMMISSION ACTION: (JUNE 14, 1994) The applicant was not present. There were no objectors present. Staff informed the Commission that the applicant had requested that this item be deferred to allow more time to meet with neighborhood residents and to revise the application. As part of the Consent Agenda, this item was approved for - - -------de-f-e-r-ra-1 t-o—t_he—Ju-1-y-2-6-,-199-4--P-1-arming—Commis-sion meeting --T-ham--- vote was 10 ayes, 0 noes and 1 absent. LT 0 LU 0 Z 0 cn 0 0 z p� 6..L I lij W Q D ii d z ''W U^) co W W z i W d c I W Z ¢ Z _ J E LU W W = Q o wpwO U)L Z¢—' �— Jz JO=cc Q CC !Ei Q m W W J W O J Y z m Y mcr cc: LU W m 1.2 cl: Ucf) Q Z000Cf) LLI>-LU p W Y 2U mJ :EZO3:a.3:cr)3:� ii d z ''W U^) co W W z i W c I LOr 4 >- z Lli W Z Z J_ Cc LU W W J M J oC/)Lil wQWp�l=- JZ Jp=� Z�= aQWWwQ g _i O J Y Z m cm m U w O co m M C1j p� 0UQ z N Y LU =J�OU::DCJL w Q F— m U -3: :�i Z O a- 3: U!) ii d z ''W U^) co W W z i W June 14, 1994 SUBDIVISION MINUTES There being no further business before the Commission, the meeting adjourned at 4:45 p.m. z7—G Date d1 D Chairman