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Z-5668-H Staff AnalysisOctober 7, 2010 TEM NO.: 7 FILE NO.: Z -5668-H NAME: Home Depot — Revised Conditional Use Permit LOCATION: 12610 Chenal Parkway OWNER/APPLICANT: Home Depot/PBS & J PROPOSAL: A revision to the Home Depot Conditional Use Permit is requested to allow the subdivision of the site to accommodate an outlot which was approved by the Planning Commission on August 12, 2010. SITE LOCATION: The site is located on the north side of Markham Street and Chenal Parkway, at the intersection of those streets. 2. COMPATIBILITY WITH NEIGHBORHOOD: The site is located within the intensely developed commercial node at the Chenal/Markham intersection. Surrounding uses are all commercial. A PR zoned floodway separates the site from the multifamily residential properties to the north. The change proposed for the Home Depot is the "cutting out" of a portion of the parking lot to accommodate a new outlot. That change will not affect Home Depot's compatibility with the neighborhood. Notice of this request was sent to all owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and the Parkway Place and Gibralter Heights Neighborhood Associations. 3, ON SITE DRIVES AND PARKING: Access to the site is via one driveway off of Chenal Parkway and two driveways off of West Markham Street. No changes are proposed in the entrance driveways. The store and garden center requires 366 parking spaces. The creation of the Chick-Fil-A parcel reduces the number of on- site parking spaces from 537 to 412. Of the 412 remaining spaces, 54 are within areas designated for equipment rental display and seasonal sales area; leaving 358 spaces. Staff is supportive of the slight variance. Additional access and cross parking easements will be indicated on the proposed new plat to address staff's questions related to the driveways and parking along the common lot line between the Home Depot lot and the proposed Chick-Fil-A lot. October 7, 2010 ITEM NO.: 7 (C 4. SCREENING AND BUFFERS: FILE NO.: Z -5668-H Site plan must comply with the City's landscape and buffer ordinance requirements. Both sites in question must have a nine -foot wide (9) perimeter landscape strip around both sites entirety. A variance from this minimal requirement must be obtained from the City Beautiful Commission prior to the issuance of a building permit. This area could circumvent this requirement by merely platting the area as a cross access easement. All the landscaping, fencing, paving, etc. on the site should be in good condition or replaced in conjunction with this application. 5. PUBLIC WORKS COMMENTS: No Comments. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS, Wastewater: Sewer available to this project. Entergy: No comments received. Centerpoint Energy: No comments received. AT&T (SBC): No comments received. Water: NOTE CENTRAL ARKANSAS WATER EASEMENT FOR 42 -INCH RAW WATER LINE. All Central Arkansas requirements in effect at the time of request for water service must be met. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer's expense. Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas regarding procedures for installation of water facilities and/or fire service. Approval of plans by the 2 October 7, 2010 ITEM NO.: 7 (Cont.) FILE NO.: Z -5668-H Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. Contact Central Arkansas Water regarding the size and location of the water meter. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful test of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by Central Arkansas Water. The test results must be sent to CAW's Cross Connection Section within ten (10) days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Approved as submitted. Fire hydrant may be required. County Planning: No Comments. CATA: The site is located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 16, 2010) Paxton Singleton was present representing the applicant. Staff presented the item and noted the only real issue was treatment of the common lot line between the proposed outlot and the remainder of the Home Depot lot. Staff stated cross -access and parking easements needed to be shown along the entirety of the common lot line or the plan would have to be redrawn to show different parking and driveways and perimeter landscape strips. It was noted that the cross -access and parking easements would have to be indicated on the previously approved preliminary plat prior to the final plat being approved and filed. Utility and Landscape Comments were noted. Staff also noted that the revised C.U.P. plan would result in Home Depot being about 6 parking spaces short of the required 366 spaces. Staff indicated support for this minor parking variance. 3 October 7, 2010 ITEM NO.: 7 Cont. FILE NO.: Z -5668-H The applicant was advised to submit responses to staff by September 22, 2010. The Committee determined there were no other issues and forwarded the item to the full Commission. STAFF ANALYSIS: Home Depot Home and Garden Center is located on the C-3 zoned property at 12610 Chenal Parkway. Previous C.U.P. approvals by the Commission permitted the store and subsequent expansions and variations. The site consists of 14.04± acres. On August 12, 2010, the Commission approved a preliminary plat to create a 1.18 acre lot out of the southeast corner of the Home Depot lot for future development of a Chick-Fil-A restaurant. Since the proposed plat reduced the area of the Home Depot site and cut-out a portion of Home Depot's parking lot, it is necessary to revise the Home Depot C.U.P. No changes are proposed to any aspect of the Home Depot C.U.P. other than the change in the southeast corner of the parking lot to accommodate the new lot. Staff's only area of concern was the treatment of the new common lot line between Home Depot and Chick-Fil-A. Based on the plan submitted for the preliminary plat, it appeared new perimeter landscape strips would have to be installed by both parties. To do so, would substantially impact both sites. Staff has determined that extending the cross access easements and indicating cross - parking easements along the common lot line will remedy the situation. At the subdivision committee meeting, the applicant's representative agreed that those easements would be indicated on the final plat prior to submittal for filing. To staff's knowledge, there are no other issues. The bill of assurance includes the following statement: "All zoning ordinances and building codes of the City of Little Rock, Arkansas should be applicable to the property." STAFF RECOMMFNDATION- Staff recommends approval of the requested revision to the C.U.P. subject to compliance with the following conditions: 1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. n October 7, 2010 ITEM NO.: 7 (Cont. FILE NO.: Z -5668-H 2. All required cross -access and cross -parking easements must be indicated on the plat of Lot 1 RR and Lot 3, Morris Commercial Addition prior to filing the final plat. PLANNING COMMISSION ACTION: (OCTOBER 7, 2010) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval, subject to compliance with the conditions outlined in the "staff recommendation" above. There was no further discussion. The item was placed on the consent agenda and approved, as recommended by staff, by a vote of 11 ayes, 0 noes and 0 absent. 5 SUBDIVISION COMMITTEE COMMENTS SEPTEMBER 16, 2010 ITEM NO.: 7. HOME DEPOT REVISED CONDITIONAL USE PERMIT I2510 CHENAL PARKWAY 7-r,4 Planning Staff Comments: 1. The Bill of Assurance includes the following statement: "all zoning ordinances and building codes of the City of Little Rock, Arkansas should be applicable to the property" 2. Show all cross -access and cross -parking easements. 3. The store requires three hundred sixty-six (366) parking spaces. Under the proposed revision, it appears only three hundred sixty (360) spaces will be available. Variance/Waivers: • Landscape Variance. • Parking Variance. Public Works.- 1. orks: 1. No comments. Utilities and Fire De a.TtMPnt/Cni inly Planning : Wastewater: Sewer available to this project. Entergy: No comments received. Centerpoint Energy: No comments received. AT&T (SBC): No comments received. Water: NOTE CENTRAL ARKANSAS WATER EASEMENT FOR 42 -INCH RAW WATER LINE. All Central Arkansas requirements in effect at the time of request for water service must be met. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer's expense. Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. Contact Central Arkansas Water regarding the size and location of the water meter. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful test of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by Central Arkansas Water. The test results must be sent to CAW's Cross Connection Section within ten (10) days of installation and ITEM NO.: 7. CONT Z -5668-H annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Approved as submitted. Fire hydrant may be required. County Planning: No Comments. CATA: The site is located on a CATA bus route. Planninp Division: No Comments. Landscape: Site plan must comply with the City's minimal landscape and buffer ordinance requirements. Both sites in question must have a nine -foot wide (9') perimeter landscape strip around both sites entirety. A variance from this minimal requirement must be obtained from the City Beautiful Commission prior to the issuance of a building permit. This area could circumvent this requirement by merely platting the area as a cross access easement. All the landscaping, fencing, paving, etc. on the site should be in good condition or replaced in conjunction with this application. Other: Submit responses to staff comments and four (4) copies of revised site plan, (if required), no later than Wednesday September 22, 2010. Required notices must be sent via certified mail no later than Wednesday September 22, 2010 and proof of notification returned to staff by October 1, 2010.