Z-5668-C Staff AnalysisMarch 23, 199:
ITEM NO.: 9
NAME:
LOCATION•
OWNER/APPLICANT:
PROPOSAL:
ORDINANCE DESIGN STANDARDS:
1. Site Location
i3�*t1s+i� ii�1C
Lowe's Home Center - Conditional
Use Permit
Chenal Parkway at West Markham
Street (NW corner)
Catholic Diocese of Little Rock/
James E. Hathaway, Jr., Applicant
To construct a 121,000 square foot
home center with limited outdoor
display on C-3 zoned property.
This item is associated with Item
No. 6 (Z-5668, a request to rezone
this property from R-5 to C-3).
This is a 15.3 acre site located at the NW corner of the
intersection of Chenal Parkway and West Markham Street.
2. Compatibility with Neighborhood
There are several large, vacant C-3 zoned tracts at each of
the other corners of the Chenal Parkway/West Markham
Intersection.
Adjacent, to the east of this site, is a vacant tract of C-2
zoned property.
Abutting this site, to the north, is the Rock Creek
floodway; zoned R-2.
Trinity Presbyterian Church is located directly west of this
proposed development.
The proposed use of this property, a home center with no
outdoor display other than that within the fenced in garden
center, appears to be compatible with the neighborhood.
Attention must be given to adequately buffering the adjacent
church property to the west.
3. Qn-Site_ Drives and Parkins
A 121,000 square foot retail use requires 339 parking
spaces. The applicant is proposing a substantial parking
area with'a total of 650 parking spaces. There is a
driveway which circles behind the building to access the
loading docks.
M2,rch 23, 1993
SUBDIVISION
ITEM NO.: 9 LContinued)FILE NO.• Z -5668--A
4. Screening and Buffers
Compliance with the City's Landscape and Buffer Ordinances
is required, with attention given to screening/buffering the
adjacent church property to the west of this site.
There is a large, open-space/park area directly north of
this site, 400 to 500 feet in width (Rock Creek Floodway)
which reduces the required buffer on the north perimeter of
this project.
The site plan, as submitted, does not provide an adequate
buffer on the west and is deficient in required interior
landscaping.
5. City Engineer Comments
Right-of-way dedication and Master Street Plan improvements
are required on Chenal Parkway and West Markham, including
the deceleration lanes. Redesign the driveway entrance into
the parking lot from West Markham. Resolve the issue
concerning the collector standard street to enter this site
through the Trinity Presbyterian Church property.
6. —Utility Comments
Little Rock Municipal Water Works states a water main
extension will be required to serve this property. On-site
fire protection will be required. Contact the Water Works
regarding the care which must be taken to protect the raw
water main crossing this property.
7. Analysis
The applicant is proposing a conditional use permit for
15.3 acres of a 17± acre site. This application does not
address the outparcels and the applicant needs to be aware
that the property will need to be properly platted.
This proposed home center will have no outside
display/storage other than that within the fenced in
partially covered garden center.
With proper consideration given to screening/buffering the
church site to the west, this proposed use should be
compatible with the neighborhood.
2
March 23, 1993
SUBDIVISION
ITEM NO_.: 9 (Continued) FILE NO.: Z -5668-A
8. Staff Recommendation
Staff recommends approval of this item subject to:
1. Compliance with the City Engineer and Utility Comments.
2. Compliance with the City's landscape and buffer
ordinances with attention given to screening/buffering
the adjacent church property to the west of this site.
3. The area of outdoor display/storage being limited to
the fenced in garden center as shown on the site plan.
SUBDIVISION COMMITTEE COMMENT:
(March 4, 1993)
The applicant, James Hathaway, was presept. Darrell Cluck,
Pastor of Trinity Presbyterian Church, was also present.
Staff presented the item and outlined the concerns as noted
above. Mr. Hathaway gave a brief outline of the proposed
development.
Jerry Gardner, of the City Engineer's Office, spoke at length
regarding the Chenal Parkway and Markham Street right-of-way
issues, problems with the design of the Markham Street entrance
into the parking lot and the previous agreement by the Diocese
and Trinity Presbyterian Church to construct a collector standard
street which is to pass through both properties.
Jim Lawson, Director of the Department of Neighborhoods and
Planning, addressed the issue of platting the property and stated
that this conditional use permit was not an endorsement of the
outlots as shown on the site plan.
Mr. Cluck addressed the Committee and voiced concern about
buffering/screening the church from the proposed commercial site.
A lengthy discussion then followed in which it was decided that
the applicant needed to increase planting in the west buffer to
screen the church site.
Committee Chairman Ball then told Mr. Hathaway to look at other
issues which may come up at the commission meeting such as
proposed hours of operation and parking lot lighting.
Mr. Hathaway stated he would have a revised site plan prepared
and would address each of the issues that were raised.
The Committee then forwarded this item to the full Commission for
final resolution.
3
__ Maxch 23, 1993
ITEM n in d FILE NO.: Z -5666-A
PLANNING COMMISSION ACTION:
(MARCH 23, 1993)
(NOTE: Items No. 6 and 9 were discussed together.)
The applicant, James Hathaway, was present. There was one
objector present. Dana Carney, of the Planning staff, presented
the item and a staff recommendation of approval.
Mr. Carney advised the Commission that a revised site plan had
been received the previous evening which addressed many of
staff's concerns regarding buffers, screening, and the entrances
from Chenal Parkway and West Markham. He informed the Commission
that the City Engineer's Office had approved the revised site
plan with two minor changes in the entrances. The entrance from
Chenal Parkway is to be a right turn in and a right turn out
only, and the island shown in the West Markham entrance is to be
eliminated. The issue regarding the street through the property
and the Trinity Presbyterian Church propterty has not been
resolved.
James Hathaway then addressed the Commission. He stated that a
written agreement eliminating the thru street will be
forthcoming. Mr. Hathaway further stated that the buffer on the
west perimeter was increased to protect the church and that the
changes required by the City Engineer on the two entrances would
be made. Mr. Hathaway stated that an agreement had been made
with the church in which extensive planting would be done in the
west buffer, and in which planting would be done on the church
side of the property line. This increased landscaping/buffering
would be in -lieu of a 6 foot wood fence which the church felt
would not be an effective screen. He stated that the agreement
would be put in writing and that staff would be provided a copy.
Commissioner Selz asked about curb cuts for the two outparcels.
Dickson Flake, representing the Catholic Diocese, stated that the
plan is to utilize the interior drives for access to the proposed
outlots.
The Commission was reminded by staff that the approval of this
conditional use permit does not constitute approval of the
outlots as shown, that the property needed to be properly
replatted. Mr. Hathaway told the Commission that a plat will be
filed soon.
Commissioner Oleson stated that she had questions about signage,
hours of operation and parking lot lighting.
Sheldon Whittelsey, of JDN Enterprises, the project developer,
then addressed the Commission. He stated that signage would be
whatever the city code allowed. The hours of the store are
Monday through Saturday, 7:00 a.m. to 9:00 p.m. and Sunday,
4
March 23, 1993
ITEM NO.: Continued FILE NO.: Z- 668-A
10:00 a.m. to 6:00 p.m. He did not have details on parking lot
lighting, but stated it would be similar to other commercial
developments in the area.
Commissioner Chachere asked if the Sunday hours would have a
negative impact on the church.
Mr. Whittelsey stated that the proposed Lowe's site is well below
the grade of the church site, and that there would be no Sunday
deliveries.
Ruth Bell, of the League of Women Voters, addressed the
Commission and stated that she too was concerned about the noise
level, lighting and signage.
Commissioner Putnam stated that the increased plantings in the
west buffer and on the upper slope on the west would provide
adequate sight and sound buffering.
r
Commissioner Ball asked Bob Brown, Plans Review Specialist, to
address the landscaping. Mr. Brown stated that the overall site
exceeded the minimum landscaping and buffering requirements.
Chairman Walker asked Mr. Brown if the landscaping should be
based on looking at the site as one unified site or as three
parcels. Mr. Brown stated that past policy was to treat each
parcel separately unless the Planning Commission determined
otherwise.
Commissioner Oleson stated that taking each tract separately, it
seems that there is a reduction in the required buffers as
opposed to treating the site as one unified site. She also
questioned the wisdom of rezoning a R-5 tract to C-3 which
reduces the availability of multifamily zoned property.
A lengthy discussion then followed concerning the treatment of
the site as one unified site for purposes of establishing -
buffer/landscaping requirements since the parcel has not yet been
subdivided.
It was determined that until such time as the property is
subdivided, the buffer/landscaping requirements should be based
on treating the site as one unified site. Once the property is
subdivided, the required buffer/landscaping dimensions will be
determined by the new lot sizes.
A motion was then made to approve the application. The vote
was 8 ayes, 0 noes, 2 absent and 1 abstention (Oleson). The
application was approved.
5
May 15, 1997
ITEM NO.: 2 FILE NO.: Z -5668-C
NAME:
LOCATION:
OWNER/APPLICANT:
PROPOSAL:
ORDINANCE DESIGN STANDARDS:
1. Site Location:
Home Depot - Revised
Conditional Use Permit
12,610 Chenal Parkway
Home Depot/Kevin Workman of
Greenberg Farrow Architecture
A revised conditional use
permit is requested to
allow for the addition of
two (2) areas of outdoor
storage/display of landscape
supplies (top soil, mulch,
etc.). The property is zoned
C-3.
The existing Home Depot site is located at the
northwest corner of Chenal Parkway and West Markham
Street.
2. Compatibility with Neighborhood:
The existing Home Depot site is located in an area of
mixed zoning and uses. The zoning and uses near the
intersection of Chenal Parkway and West Markham are
primarily commercial. There are multifamily
developments further north and west.
The St. Charles and Parkway Place Neighborhood
Associations were notified of the public hearing.
3. On -Site Drives and Parking:
Access to the site is gained by utilizing an access
drive from Chenal Parkway or one of two drives from
West Markham Street.
The Home Depot retail use requires 352 parking spaces.
The site contains 611 parking spaces. The applicant
proposes to utilize 168 spaces for outdoor storage.
This leaves 443 parking spaces for the retail use,
which complies with city ordinance.
4. Screeninq and Buffers:
May 15, 1997
SUBDIVISION
ITEM NO.: 2 Cont. FILE NO.: Z -5668-C
No outside display/storage within any of the landscaped
areas.
5. Public Works Comments:
No Comments.
6. Utility and Fire Department Comments:
No Comments.
6A. CATA
This site is not on a Central Arkansas Transit
Authority bus route.
7. Staff Analysis:
The applicant is requesting a revised conditional use
permit to allow for two (2) areas of outdoor
storage/display of landscape supplies (top soil, mulch,
etc.) within the parking lot of the existing Home Depot
retail facility at 12,610 Chenal Parkway. The property
is zoned C-3 and has a conditional use permit for the
home center.
On March 23, 1993, the Little Rock Planning Commission
approved the conditional use permit for the home
center. The site plan included a 27,972 square foot
fenced garden center. A condition of approval was that
the outdoor display/storage be limited to the fenced
garden center.
As a result of a recent zoning enforcement action, the
applicant is requesting two (2) areas of outdoor
display/storage of landscape supplies. That inspection
revealed several areas within the parking area of this
property being used for outdoor display/storage.
The City's Zoning Ordinance allows seasonal and
temporary sales, outside, for a maximum of 120 days per
year. The outside display of merchandise is allowed in
an area equal to one-half of the facade area of the
front of the building. The applicant is requesting
that the two areas of outdoor display/storage be
permanent.
The applicant is also proposing to install additional
landscaping within the interior landscape islands and
the perimeter landscape strip between the proposed area
of outdoor display/storage and West Markham Street.
E
May 15, 1997
SUBDIVISION
ITEM NO.: 2 (Cont.) FILE NO.: Z -5668-C
All plantings will be of an evergreen variety and
shrubs will be a minimum of 30 inches high at planting.
The applicant feels that this will help buffer the
outdoor display/storage area from West Markham Street
and should lessen the visual impact.
Staff feels that the ordinance established guidelines
for seasonal and temporary outside display are very
generous. The applicant's proposal reflects a C-4 type
use with permanent outside display/storage. Staff
feels that permanent outside display/storage is
inappropriate for this site.
As noted earier, a condition of approval of the
original conditional use permit was that outdoor
display/storage be limited to the fenced garden center.
However, staff feels that the applicant should be
allowed the seasonal and temporary outside display as
permitted by the City's zoning ordinance.
8. Staff Recommendation:
Staff recommends denial of the revised conditional use
permit as proposed by the applicant.
SUBDIVISION COMMITTEE COMMENT: (APRIL 24, 1997)
Steve Williams, of Home Depot, was present, representing the
application. Staff gave a brief description of the
proposal.
There was a general discussion regarding the proposal and
the conditions suggested by staff.
Mr. Williams stated that additional landscaping would be
planted in the interior landscape islands and perimeters
landscape area between the outside storage and the street.
Staff noted that other commercial businesses with similar
outside display/storage would be checked and monitored for
compliance.
The Committee accepted the presented and forwarded the issue
to the full Commission for final action.
3
May 15, 1997
SUBDIVISION
ITEM NO.: 2 (Contj FILE NO.: Z -5668-C
PLANNING COMMISSION ACTION: (MAY 15, 1997)
The applicant was not present. Staff gave a brief
description of the item and a recommendation of denial as
proposed by the applicant. Staff noted that two (2) letters
of opposition were received, one from Anne Borg of the St.
Charles Neighborhood Association and one from Hank Kelley of
Flake and Kelley.
Jim Lawson, Planning Director, stated that the item should
be deferred since the applicant was not present, but the
Commission could hear the item if desired.
Anne Borg, of the St. Charles Neighborhood Association,
spoke in opposition to the application.
Commissioner Rahman asked about the parking requirement.
Jim Lawson stated that the site has much excess parking.
There was a brief discussion about the outside display
proposed and other retail business locations throughout the
City.
A motion was made to approve the revised conditional use
permit. The motion failed by a vote of 0 ayes, 10 nays and
1 absent. The application was denied.
4