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Z-8709 Staff AnalysisNovember 3, 2011 ITEM NO.: 5 (Cont.) FILE NO.: Z-8709 The new asphalt should be removed from under the drip line of the existing tree at the north side of the parking lot. Variances from the requirements of the Landscape Ordinance can only be granted by the City Beautiful Commission. 5. PUBLIC WORKS COMMENTS: 1. A twenty (20) foot radial dedication of right-of-way is required at the intersection of Arch Street and 3`d Street. 2. 3rd Street is classified on the Master Street Plan as a minor arterial with special design standards. A dedication of right-of-way thirty-five (35) feet from centerline will be required. 3. Obtain a franchise agreement from Public Works (Bennie Nicolo, 371-4818) for the private improvements located in the right-of-way. 6_ UTILITY FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. Entergy: Approved as submitted. Centerpoint Energy: No comments received. AT&T (SBC): No comments received. Water: No objections; all Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water regarding the size and location of the water meter. 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 tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. 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. 2 November 3, 2011 ITEM NO.: 5 Cont. FILE NO.: Z-8709 Fire Department: Fire hydrants per Code; maintain access at least twenty (20) feet wide. County Planning: No Comments. CATA: The site is located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (OCTOBER 13, 2011) The applicants were present. Staff presented the item and noted the biggest issue was the lack of compliance with the landscape requirements. It was noted that problem would be further exacerbated by the requirement to dedicate right- of-way at the radius and for 3`d Street. Mr. McGetrick stated he would work towards putting landscaping in the right-of- way, some of which would match landscaping along Arch Street. He was asked by staff to provide a plan. It was noted that any landscaping in the right-of-way would require a franchise through Public Works. Staff asked that some of the new asphalt under the existing tree be removed. It was also noted that a landscape variance would require a variance from City Beautiful. The applicant was advised to respond to staff issues by October 19, 2011. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: The property at the southeast corner of West 3`d and Arch Streets was previously occupied by a two-story residential structure that had been used as offices for many years. The property is bounded on the east and south by an existing, non- conforming commercial surface parking lot. The structure was removed and gravel was placed on the site. The owners recently paved and striped the area as an expansion of the adjacent commercial surface parking lot. Commercial parking lots require a conditional use permit in the UU zoning district. Although use of the area for an expansion of the commercial surface parking lot appears to be appropriate, there are apparently irreconcilable issues related to complying with the City's Landscape and Buffer Ordinances. The asphalt has been extended to the property line along Arch Street and to within five (5) feet of the property line along West 3`d Street. Additional right-of-way is required on the 3fd Street perimeter so even the five (5) foot landscape strip on that side will be in the public right-of-way. The Landscape Ordinance and Zoning Buffer Ordinances both require a 6.75-foot landscape/buffer strip on the street perimeters. This is reduced from the typical requirement of 9 feet since the site 3 November 3, 2011 ITEM NO.: 5 (Cont.) FILE NO.; Z-8709 is located within the designated mature area of the City. Street trees are also required in the UU district. Installing the required landscaping would eliminate virtually all of the new parking. The applicant submitted a revised plan subsequent to the Subdivision Committee meeting in an attempt to address the issues. Right-of-way dedication has been shown along West 3rd Street and at the radius of the intersection. Trees and shrubs are indicated to be planted in the five (5) foot strip and within the radius at the intersection. These areas will be within the right-of-way once the dedication as occurred. The new asphalt will be saw cut and removed from under the drip line of the 24-inch Holly tree located along the north perimeter in an effort to keep that tree. Four (4) Water oaks are proposed to be planted between the curb and the sidewalk along Arch Street; in the right-of-way. The applicant has filed for a franchise to allow the planting within the right-of-way. Staff cannot support the proposal. No zoning buffer is being provided on either street perimeter. All of the proposed landscaping is to be within the public right- of-way. The proposed parking lot expansion varies two greatly from ordinance standards. STAFF RECOMMENDATION: Staff recommends denial of the application. PLANNING COMMISSION ACTION: (NOVEMBER 3, 2011) Patrick McGetrick and Thomas Smith were present representing the application. There were no objectors present. Staff presented the item and a recommendation of denial. Thomas Smith addressed the Commission and gave a brief history of the development of the site as a parking lot. He stated it was an honest mistake that led to the paving of the site without proper approvals and landscaping. He stated CB Parking had invested heavily in Downtown and, in this case, had removed a dilapidated house. Mr. Smith stated they had submitted what they believed to be a good faith effort to meet the spirit of the Landscape Ordinance requirements. He said the result would be one of the best landscaped parking lot in the area. He asked if there would be any other viable economic use of the site. Commissioner Nunnley asked Mr. Smith how many parking spaces had been gained by the expanded area. Mr. Smith responded that five (5) or six (6) spaces had been gained. In response to a question from Commissioner Nunnley, 0 November 3, 2011 ITEM NO.: 5 (Cont.) FILE NO.: Z-8709 Mr. Smith stated all but one (1) of those spaces would be lost if the landscaping was installed on the site, rather than in the right-of-way as proposed. In response to a question from Commissioner Laha, Mr. McGetrick stated the area of new pavement was roughly fifty (50) feet by seventy-five (75) feet in area. Commissioner Laha asked why staff wanted the whole parking lot landscaped. Dana Carney, of the Planning Staff, responded that landscaping was required for only the new, expanded area. He stated the remainder of the existing parking lot was non -conforming. Mr. McGetrick stated the applicant was putting in much landscaping but it would be in the right-of-way. Vice -chair Rector stated he thought what was proposed by the applicant was a reasonable compromise and he was supportive of the application. He stated he hoped the large, existing Holly tree could be saved. A motion was made to approve the application, including all staff comments and conditions except that of denial. The motion was approved by a vote of 9 ayes, 0 noes and 2 absent. 5 SUBDIVISION COMMITTEE COMMENTS OCTOBER 13, 2011 ITEM NO.: 5. CB PARKING COMMERCIAL SURFACE PARKING LOT EXPANSION CONDITIONAL USE PERMIT- SE CORNER OF W. 3RD AND ARCH STREET Z-8709 Planning Staff Comments: 1. The site is located in the Original City. There is no Bill of Assurance. Variance/Waivers: ■ Landscape and buffer variances Public Works: A twenty (20) foot radial dedication of right-of-way is required at the intersection of Arch Street and 3" Street. 3" Street is classified on the Master Street Plan as a minor arterial with special design standards. A dedication of right-of-way thirty-five (35) feet from centerline will be required. Obtain a franchise agreement from Public Works (Bennie Nicolo, 371-4818) for the private improvements located in the right-of-way. Utilities and Fire D artment/Count Plannin : Wastewater: Sewer available to this project. Entergy: Approved as submitted. Centerpoint Energy: No comments received. AT&T (SBC): No comments received. Water: No objections; all Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water regarding the size and location of the water meter. 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 tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. 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: Fire hydrants per Code; maintain access at least twenty (20) feet wide. County Planning: No Comments. CATA: The site is located on a CATA bus route. Planning Division: No Comments. Landscape: Compliance with the City's Landscape and Buffer Ordinances is required. ITEM NO.: 5. CON'T Z-8709 The site is located in the designate "mature area" of the City. Street perimeter landscape/buffer strips of 6.75 feet are required on each street perimeter. The "UU" Urban Use District requires the planting of street trees on each perimeter, The new asphalt should be removed from under the drip line of the existing tree at the north side of the parking lot. Variances from the requirements of the Landscape Ordinance can only be granted by the City Beautiful Commission. Other: Responses to staff issues and four (4) copies of revised site plan (if required) are to be submitted to staff no later than Wednesday October 19, 2011. Required notices are to be sent via certified mail to all owners of property located within two hundred (200) feet of the site no later than Wednesday October 19, 2011. The City provided notice form must be used. Proof of notice is to be provided to staff no later than October 28, 2011.