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Z-5698 Staff Analysis1 Meetin Date: August 3, 1993 2. ease No.: Z-5698 3. Reaues,: Establishment of the Mark IV Short -form PCD 4. Location: The southeast corner of Bowman Road and Hermitage Road 5 Dwner A lican't: Mark IV Realty Group, Inc. 6. Existin Latus: The site is presently coned R-2 Single-family Residential, with residences Located on the site. To the east is the location of the proposed Hermitage Road Mini -warehouse PCD. Across Hermitage Road to the north is the location of the proposed Home Quarter facility. Across Bowman Road to the west is the location of the proposed wal-Mart/Sam's facility. To the south is residential property. 7, proposed use: Retail business center 8. Staff Recommendation: Approval 9. pig minq dation: Approval None 10. Conditions or Issues Remainin to be Resolved: 11. Right -of -Way' Xssues : None 12. Recommendation Forwarded with: A vote of 10 ayes, no nays, and one absent 13. Objectors: None 14. Neighborhood Plan: 1-430 (11) July 13, 1993 ITEM NO.. II FILE NO.: Z--5698 NAME: MARK IV - SHORT -FORM PCD LOCATION: The southeast corner of Bowman Road and Hermitage Road DEVELOPER: ENGINEER: MARK IV REALTY GROUP, INC. CEI ENGINEERING ASSOCIATES, INC. c/o C. J. Cropper 110 West Central Avenue 650 S. Shackleford Road Bentonville, AR 72712 Little Rock, AR 72211 273-9472 228-9600 AREA: 6.037 ACRES NUMBER OF LOTS: 3 FT. NEW STREET: None ZONING: R-2 to PCD PROPOSED USE: Retail business PLANNING DISTRICT: 11 CENSUS TRACT: 24.04 VARIANCES REQUESTED: None STATEMENT OF PROPOSAL: The applicant proposes a short -form Planned Commercial Development consisting of three lots. It is proposed that the lots will be developed and sold or leased to individual businesses which will share in all common areas and access, with maintenance and use governed by appropriate agreements among the lot owners. It is anticipated that at least two of the users may be under one "roof" as one building and a party wall between them, and the third user be housed in a free-standing building. The developer proposes to provide all on- and off-site improvements, including grading, paving, storm drainage detention, and street improvements, and these improvements are proposed to be accomplished at the outset, with construction of the individually owned and leased buildings to follow as the lots are sold. Since the residential property to the south is "ripe" for further commercial development, it is proposed that standard requirements for landscape buffers between the commercial and residential uses be waived. The developer proposes to furnish written confirmations from adjacent property owners of their desire to have this requirement waived. A. PROPOSAL RE UEST: Review by the Planning Commission and approval by the City Board of Directors is requested by the developer of a 3 lot commercial planned unit development. The applicant requests establishment of a short -form PCD in order to develop a July 13, 1993 SUBDIVISION ITEM 11 Continued FILE NO.: Z-569$ retail complex consisting of three lots. It is proposed that the three lots will be developed for sale or lease to individual users; these users will share in the common areas, including parking areas and access drives, and the common area maintenance. It is requested that all uses permitted in the "C-3" zone be allowed, including those uses which are listed as conditional uses in this zone, such as sale of auto parts and limited motor vehicle parts installation. It is also requested that, with the concurrence of the adjacent residential property owners to the south, that the landscaping buffer normally required between the commercial and residential uses be waived. B. EXISTING CONDITIONS: The property currently contains residences and some undeveloped property. Immediately to the west is the new Wal-Mart/Sam's site in the C-3 zone. To the east is a POD for the construction of a mini -storage facility. To the north is the new PCD for the construction of the Home Quarters home improvement facility. To the south is the remainder of the R-2 zone, with residences to the south. C. ENGINEERINGJUTILITY COMMENTS: The Engineering Division reports that improvements for Bowman Road and Hermitage Road will be required to be made to Master Street Plan standards. Engineering indicated that the northern most curb cut on Bowman Road needs to be deleted. Water Works reports that on-site fire protection may be required. Water Works indicates that a pro -rata front footage charge may be applicable, depending on the developer's involvement in the replacement of the existing main in Hermitage Road and the developer's agreement with Home Quarters who will be contracting with Water Works to replace that main. Wastewater Utility reports that sewer service for this property is in the design phase and has not been approved by the Wastewater Utility at this time. Southwestern Bell Telephone Co. reports that easements will be required. ARKLA approved the plan as submitted. The Fire Department approved the plan with the notation that there should be no unauthorized parking outside designated areas. 2 July 13, 1993 ■:■ 0 ITEM NO.: 11 Continued FILE NO.: Z-5628 D. ISSUES/LEGAL/TECHNICAL/DESIGN: The site plan and preliminary plat are, at best, only schematic representations of the anticipated development. No contours are shown. No vicinity map is included. The names of adjacent property owners on unplatted land, or the names of subdivisions, with the book and page number of their recording, are not shown. No surveyor or engineering certifications are included. The location of PAGIS monuments is omitted. The metes and bounds legal description is missing. There is no landscaping and landscape buffer plan or narrative. E. ANALYSIS• The use of the property for the commercial center appears consistent with the developing uses of this area. The concept of multiple lots and multiple ownership should not pose a problem with sufficient legal covenants to assure joint access to the common areas and maintenance of these areas. The plans are extremely deficient. Staff accepted these documents based on the developer's assurance that complete documents would be forthcoming, and to accommodate the developer's need to gain approval of the PCD in order to consummate the deal. Review, though, has been difficult. F. STAFF RECOMMENDATIONS: Staff recommends deferral o£ -this item pending the developer submitting complete documents. Staff will recommend approval of the concept and the general layout, subject to receipt of the submission of a plan/plat which meets the requirements of the Subdivision Ordinance. SUBDIVISION COMMITTEE COMMENTS (June 24, 1993) The applicant, Mr. C. J. Cropper, was present. Staff presented the item. Mr. Cropper outlined the concept of the development. He indicated that complete documents (a plan/plat) would be presented prior to the Planning Commission hearing. The Committee discussed the deficiencies outlined in the discussion outline, and Mr. Cropper indicated that these would be attended to. The Committee referred the proposal to the full Commission for the required hearing and review. 3 July 13, 1993 SUBDIVISION ITEM NO.: 11 Continued FILE NQ_: Z-5698 PLANNING COMMISSION ACTION: (JULY 13, 1993) This item was included on the Consent Agenda for approval of a recommendation to the Board of Directors for the establishment of the requested PCD. Mr. Gene Lewis, owner of the adjoining property to the east of the subject property, submitted a card indicating his desire to speak on the item. The Chair recognized Mr. Lewis who indicated that the proposed development plan showed a drive along the subject property's east property line which was so close to the property line that the radius of the drive extended beyond the extension of the property line into the right-of-way in front of his property. Mr. C. J. Cropper, representing the developer, responded that the site development plan would be amended to relocate the drive far enough away from the property line so that the radius from the drive approach would not extend beyond the property line extension. Mr. Lewis responded that his concern was satisfied. Commissioner Oleson asked if the application included the request to permit all uses permitted in the "C-3" zone, including those listed as conditional uses in that zoning classification. Ms. Oleson specifically inquired about the request to permit the sale of auto parts and the limited auto parts installation. Staff reported that the applicant had requested approval of these uses and that the applicant had said that they anticipated minor auto installation work such as would be performed at the Wal-Mart auto service center which is to be constructed across the street. The item remained on the Consent Agenda for approval of the recommendation to the Board of Directors for establishment of the PCD, and the recommendation was subsequently approved in the approval of the Consent Agenda with a vote of 9 ayes, no nays, and one abstention. 0