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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