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HomeMy WebLinkAboutpc_06 26 2014sub LITTLE ROCK PLANNING COMMISSION SUBDIVISION HEARING SUMMARY AND MINUTE RECORD JUNE 26, 2014 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present there being ten (10) members present. II. Members Present: Craig Berry Tom Brock Alan Bubbus Buelah Bynum Keith Cox Janet Dillon Rebecca Finney Keith Fountain Bill May Obray Nunnley, Jr. Members Absent: Jennifer Martinez Belt City Attorney: Cindy Dawson III. Approval of the Minutes of the May 15, 2014 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION SUBDIVISION AGENDA JUNE 26, 2014 OLD BUSINESS: Item Number: File Number: Title: A. Z-2502-B New Africa Development Long-form PCD, located South of 40th Street between Whitfield and Potter Streets. B. S-1726 6706 South University Avenue Subdivision Site Plan Review, located at 6706 South University Avenue. C. Z-8937 Rainey Long-form PD-R, located in the 10000 Block of Old Arkansas Drive. NEW BUSINESS: I. PRELIMINARY PLAT: Item Number: File Number: Title: 1. S-71-D University Park Addition Preliminary Plat, located on the Northwest corner of West 12 th Street and University Avenue. 2. S-1261-J Kenwood Subdivision Revised Preliminary Plat, located on David O Dodd Road, just South of JA Fair High School. II. PLANNED DEVELOPMENTS: Item Number: File Number: Title: 3. Z-1500-A Lot 4 University Park Hotel CUP, located at 6030 West 12 th Street. 4. Z-1500-B Murphy USA Short-form PD-C, located on the Northwest corner of West 12 th Street and University Avenue. Agenda, Page Two II. PLANNED DEVELOPMENTS: (CONTINUED) Item Number: File Number: Title: 5. Z-4923-Q Shackleford Crossing Revised Long-form PCD, located at 2600 South Shackleford Road. 6. Z-7607-A Chateaus on Stagecoach Short-form PCD, located on Stagecoach Road at Chateaus Lane. 7. Z-7723-D 4624 West 12 th Street Revised Short-form PCD, located at 4624 West 12 th Street. 8. Z-8604-A Talbert Revised Short-form PCD, located at 18601 Kanis Road. 9. Z-8949 Borne Short-form PD-R, located at 4422 “I” Street. 10. Z-8951 Vick Short-form PD-R, located at 1510 South Schiller Street. 11. Z-8952 Associates Physical Therapy and Pain Short-form PD-O, located at 1601 Aldersgate Road. III. OTHER ITEMS: Item Number: File Number: Title: 12. Z-8007-A Hampton Short-form POD Revocation, located at 1109 and 1111 Welch Street. 13. LA-0060 South Shackleford Road Advanced Grading Variance, located at the East side of S. Shackleford Road across from Clearwater Drive . June 26, 2014 ITEM NO.: A FILE NO.: Z-2502-B NAME: New Africa Development Long-form PCD LOCATION: Located South of 40 th Street between Whitfield and Potter Streets DEVELOPER: Islamic Center for Human Excellence 1717 Wright Avenue Little Rock, AR 72203 SURVEYOR: Anderson Surveying P.O. Box 129 Van Buren, AR 72957 ARCHITECT: WD&D 400 West Capitol Avenue Little Rock, AR 72201 AREA: 13.62 acres NUMBER OF LOTS: 31 FT. NEW STREET: 0 LF CURRENT ZONING: PD-R, MF-12 and C-3 ALLOWED USES: Single-family residential, Masjid, School PROPOSED ZONING: PCD PROPOSED USE: Single-family residential, Elderly housing, Masjid, School, Community Center, Retail and Office – Approval of a development concept plan VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: On October 5, 1971, by the adoption of Ordinance No. 12,547, the Little Rock Board of Directors rezoned 12.15 acres from B-Residential to MF-12 and 4.4 acres from B-Residential to F-Commercial which was later changed to C-3, General Commercial. June 26, 2014 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-2502-B 2 This action rezoned the property which included the area currently under review for the PCD zoning. Ordinance No. 19,212 adopted by the Little Rock Board of Directors on October 5, 2004, rezoned an area containing 6-acres from MF-12 to PD-R to allow the development of 22 single-family homes, a mosque and an education building. A maximum of 50 students were proposed within the education building with five teachers and three (3) support personnel. The hours proposed were from 8:00 am to 5:00 pm five (5) days per week. The worship center would have a maximum seating capacity of 100 persons with daily activities proposed from 5:00 am to 9:00 pm seven (7) days per week. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is seeking approval of a generalized site plan to allow the future development of this site with a mixed use development. The uses proposed include residential, single-family and elderly housing, a community center, a school, a Masjid, office and retail uses. The single-family homes will be offered on individual lots for sale. The elderly housing will be age limited to persons defined by the federal housing administration as elderly persons. The school is proposed with grades K to 6 th with a maximum of 100 students, 6-teachers, 1-administrator and 1-secretary. The development is also proposed with a daycare facility with a maximum of 50-children, 1-administator and 5-aides. Transportation will be provided for the school and daycare children. The proposal includes 1-bus for the school, 1-van for the daycare and 1-van as an alternate. The applicant has indicated the community center will be available for lease by the community at large. Each person leasing the center will be required to sign a lease agreement at the time of rental. The community center will be available for special events. The applicant has indicated the site will be developed in multiple phases. The commercial, Masjid and a portion of the single-family lots will be developed in the initial phase. The elderly housing, the remaining single-family homes in a subsequent phase and the community center and school in a final phase. B. EXISTING CONDITIONS: The eastern portion of the site is vacant and grass covered with a scattering of trees. A few new homes have been constructed within the previously approved PD-R portion of the development. West 40 th Street has been improved with curb June 26, 2014 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-2502-B 3 and gutter and sidewalk. Street improvements are not in place along Potter Street or Whitfield Street. Other uses in the area include a manufacturing facility in the old Borden Plant and non-residential uses are scattered along Colonel Glenn Road. The areas to the west and north of the site are predominately residential uses. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents. All property owners located within 200-feet of the site along with the John Barrow and Westwood Neighborhood Associations were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Due to the proposed use of the property, the Master Street Plan specifies that West 40 th Street for the frontage of this property must meet commercial street standards across the parking lot and school frontage. Dedicate right-of-way to 30 feet from centerline. 2. Due to the proposed use of the property, the Master Street Plan specifies that Whitfield Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 3. A 20 foot radial dedication of right-of-way is required at the intersection of West 40 th Street and Whitfield Street. 4. Potter Street is classified on the Master Street Plan as a residential street. A dedication of right-of-way 25 feet from centerline will be required. 5. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to Potter Street including 5-foot sidewalks with the planned development. The new back of curb should be located 13 feet from centerline. Potter Street is scheduled to be improved by the City of Little Rock. Per City code, at the time of development, the adjacent property is required to make street improvements or provide a payment in-lieu of construction until the time the construction bids are open for the City of Little Rock project. 6. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to Whitfield Street including 5-foot sidewalks with the planned development. The new back of curb should be located 15.5 feet from centerline. At box culvert June 26, 2014 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-2502-B 4 under Colonel Glenn Road was placed in the Whitfield Street right of way. The street is shown to jog to the east and intersect Colonel Glenn Road on property owned by AHTD. Permission must be obtained from AHTD for Whitfield Street to be constructed on AHTD property. 7. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. AHTD has been contacted about constructing Whitfield Street on AHTD right of way. 8. The proposed east-west streets should be constructed to City of Little Rock standards. Are the streets proposed to be public or private? Turnarounds are required to be installed at the eastern ends or the eastern north-south driveway placed within a public access easement. Access easements must be designed with concrete aprons. Curb radius within the access easement must be designed for an SU-30 vehicle with a 60 foot turning radius. 9. No residential waste collection service will be provided on private streets unless the property owners association provides a waiver of damage claims for operations on private property. In addition, the following comments must be agreed to for collection and recycling service: 1.) service will be provided to one side of the through easements/alleys which will require everyone to place their carts on the side of the easement/alley as selected by the City of Little Rock; 2.) service will not be provided to a dead-end alley. The easement/alley must have a separate entrance and exit; 3.) the City of Little Rock is not liable for damage to the easement/alley; 4.) if easement/alley is obstructed on service day the City of Little Rock will not return until the following week for pick up; 5.) yard waste will not be picked up in the rear easement/alley. Yard waste is to be placed at the curb on the street in front of house; 6.) a letter from the property owners association must be provided stating all residents unanimously agree to all of the above conditions. 10. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The width of a driveway must not exceed 36 feet. 11. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The driveway spacing on West 40 th Street and Whitfield Street is 250 feet from other non-residential driveways and streets and 125 feet from the property line. The driveway spacing on Colonel Glenn Road is 300 feet from other non-residential driveways and streets and 150 feet from the property line. 12. Prepare a traffic study for the school for student pickup and drop off. Vehicles are not permitted to stack on City streets. The study should include vehicle stack locations, vehicle stack distances, times of stack, number of students, existing and proposed traffic flows and volumes. June 26, 2014 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-2502-B 5 13. In accordance with Section 32-8, no obstruction to visibility shall be located within a triangular area 50 feet back from the intersecting right-of-way line (or intersecting tangent lines for radial dedications). Show proposed gates and fencing. 14. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 15. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. Are areas proposed to be advanced graded with construction on another phase? 16. Stormwater detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. 17. If disturbed area is one (1) or more acres, obtain a NPDES stormwater permit from the Arkansas Department of Environmental Quality prior to the start of construction. 18. Street Improvement plans shall include signage and striping. Public Works must approve completed plans prior to construction. 19. Per the Master Street Plan, parking is restricted to one side of the street on a 24 feet wide street. Show on the plan now and on the final plat and bill of assurance, the area along the street where parking is allowed. 20. Street names and street naming conventions must be approved by Public Works. Contact Glenn Haley at (501) 371-4537. 21. In accordance with Section 31-210 (h)(12), access driveways running parallel to the street shall not create a four-way intersection within 75 feet of the future curb line of the street. 22. Damage to public and private property due to hauling operations or operation of construction related equipment from a nearby construction site shall be repaired by the responsible party prior to issuance of a certificate of occupancy. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: Entergy has facilities in the area. The developer should contact Entergy well in advance of construction so plans to meet service needs of new structures can be discussed. A moderate amount of work could be required if 3-phase service is requested. June 26, 2014 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-2502-B 6 Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: 1. All Central Arkansas Water requirements in effect at the time of request for water service must be met. 2. A water main extension will be needed to provide water service to this property. 3. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. 4. 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. 5. 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 Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and the Little Rock Fire Department is required. 6. Contact Central Arkansas Water regarding the size and location of the water meter. 7. 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. 8. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. 9. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZA) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water requires that upon installation of the June 26, 2014 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-2502-B 7 RPZA, successful tests 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 Central Arkansas Water’s Cross Connection Section within ten 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. 10. The facilities on-site will be private. When meters are planned off private lines, private facilities shall be installed to Central Arkansas Water’s material and construction specifications and installation will be inspected by an engineer, licensed to practice in the State of Arkansas. Execution of a Customer Owned Line Agreement is required. 11. 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. 12. Existing waterline easement recorded as Inst. No. 89-66357 should be reflected on the plat. It appears that this will affect the buildable area on Lots 1, 11 and 23. Fire Department: Place fire hydrant(s) per code. Maintain access. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: Site directly served by the #9 Barrow/West Central and #14 Rosedale. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Boyle Park Planning District. The Land Use Plan shows Low Density Residential (RL) and Light Industrial (LI) for this property. Residential Low Density is for single-family homes at densities no greater than six (6) dwelling units per acre. The Light Industrial category provides for light warehouse, distribution or storage uses, and/or other industrial uses that are developed in a well-designed "park like" setting. The applicant has applied for a rezoning from PRD (Planned Residential District), C-3 (General Commercial District) and MF12 (Multi-family District 12 units per acre) to PCD (Planned Commercial District) to allow for the development of a mixed office June 26, 2014 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-2502-B 8 commercial center along Colonel Glenn Road and Whitfield Street; a Mosque with community center and school at Whitfield and 40 th Streets; and a residential area with detached and attached housing at 40 th and Potter Streets. Master Street Plan: Colonel Glenn Road is shown as a Principal Arterial and both Whitfield and Potter Streets are Local Streets on the Master Street Plan. A Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Colonel Glenn Road since it is a Principal Arterial. The primary function of a Local Street is to provide access to adjacent properties. Local Streets that are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. A Collector design standard is used for Commercial Streets. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class II Bike Lanes are shown along Colonel Glenn Road. Bike Lanes provide a portion of the pavement for the sole use of bicycles. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. Street buffers will be required at six (6) percent of the average depth of the lot. The minimum dimension shall be one-half (½) the full width requirement but in no case less than nine (9) feet. 3. Interior landscape areas shall compromise eight percent (8%) of any vehicular use area containing twelve (12) or more spaces. 4. Landscape areas shall be provided between the vehicular use area used for public parking and the general vicinity of the building, excluding truck loading or service areas not open to public parking. These areas shall be equal to an equivalent planter strip three (3) feet wide along the vehicular use area. 5. An automatic irrigation system to water landscaped areas will be required. 6. Prior to the issuance of a building permit, it will be necessary to provide an approved landscape plan stamped with the seal of a Registered Landscape Architect. 7. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. June 26, 2014 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-2502-B 9 G. SUBDIVISION COMMITTEE COMMENT: (March 12, 2014) The applicant was present representing the request. Staff presented an overview of the development stating there were a number of outstanding technical issues associated with the request. Staff questioned the various aspects of the development requesting additional information concerning the school, the activities of the community center, the proposed retail uses, the details of the proposed elderly housing and the dimensions for the proposed residential lots. Public Works comments were addressed. Staff stated right of way dedications and street improvements were required on the abutting streets. Staff stated improvements to Potter Street would be at the expense of the developer until such time as the project was bid. Staff stated the driveway locations and widths did not comply with the typical standards of the Subdivision Ordinance nor the Master Street Plan. Staff requested the applicant prepare a traffic study to determine the impacts of the proposed school on the abutting City streets. Landscaping comments were addressed. Staff stated street buffers, interior landscaping and/or screening would be required at the time of development. Staff stated an automatic irrigation system would be required to water landscaped areas on the site. The applicant stated based on the number of comments provided by staff they were requesting a deferral of the item to the May 15, 2014 meeting. Staff noted the comments from the various other agencies. There were no more issues for discussion. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: Based on comments raised at the March 12, 2014, Subdivision Committee meeting the applicant has submitted a response indicting they are not at the point of providing a final development plan for the site. The applicant is requesting the City review the development and approve a generalized site plan to allow them to move forward with financing of the future construction on the site. The applicant has stated at the time financing of the development has been approved a full review by the City’s Planning Commission and the Board of Directors will be requested as an amendment to the PCD zoning. With the current request the City is approving the potential allowable uses for the site. The site plan must comply with the development standards at the time the request for the final review is made by the applicant. June 26, 2014 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-2502-B 10 The development is proposed as a mixed use development. The uses include residential, single-family and elderly housing, a community center, a school, a Masjid, office and retail uses. The intent is the single-family homes will be offered on individual lots for sale. The applicant has stated any multi-family housing will be limited to elderly housing with the age limited to persons defined as elderly by the federal housing administration. The school is proposed with grades K to 6 th serving a maximum of 100-students. There will be 6-teachers, 1-administrator and 1-secretary. A daycare center is also proposed with a maximum of 50-children. Personnel serving the daycare center will include 1-administator and 5-aides. Transportation will be provided for the school and daycare children. The proposal includes 1-bus for the school, 1-van for the daycare and 1-van as an alternate. The applicant has indicated the community center will be available for lease by the community at large and not limited to persons living within the New Africa Development. The community center will be available for rent for special events. The applicant has indicated the site will be developed in multiple phases. The commercial, Masjid and a portion of the single-family lots will be developed in the initial phase. The elderly housing, the remaining single-family homes in a subsequent phase and the community center and school in later phases. The applicant has indicated prior to the development of each phase or multiple phases review and approval of the specifics of the plan will be sought from the City through a revision to the PCD zoning. Staff is supportive of the request. The overall plan is somewhat similar to the originally approved PCD. The land area has expanded to allow the additional activities to include the retail aspect of the proposed development. The property is currently zoned PD-R, MF-12 and C-3 which would allow for the activities to occur as proposed. Staff does not feel the development plan as indicated by the applicant will adversely impact the area. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to the applicant providing complete and specific details and site plans for review and approval as a revision to the PCD zoning prior to any land clearing or grading on the site. PLANNING COMMISSION ACTION: (APRIL 3, 2014) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had requested at the March 12, 2014, June 26, 2014 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-2502-B 11 Subdivision Committee meeting the item be deferred to the May 15, 2014, public hearing. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The Chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 11 ayes, 0 noes and 0 absent. PLANNING COMMISSION ACTION: (MAY 15, 2014) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated May 2, 2014, requesting deferral of this item to the June 26, 2014, public hearing. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. PLANNING COMMISSION ACTION: (JUNE 26, 2014) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to the applicant providing complete and specific details and site plans for review and approval as a revision to the PCD zoning prior to any land clearing or grading on the site. There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. June 26, 2014 ITEM NO.: B FILE NO.: S-1726 NAME: 6706 South University Avenue Subdivision Site Plan Review LOCATION: Located at 6706 South University Avenue DEVELOPER: Chidi Ukegbu 1212 E Twin lakes Little Rock, AR 72205 SURVEYOR: Brooks Surveying 20820 Arch Street Pike Hensley, AR 72065 AREA: 1.31 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: C-4, Open Display District PLANNING DISTRICT: 12 – 65 th Street West CENSUS TRACT: 20.01 VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is proposing to place two (2) additional metal buildings on property located at 6706 South University Avenue. The buildings are proposed along the southern perimeter of the site. One (1) building will be used for storage. The applicant has indicated in the future bays maybe added and leased to individuals for use as identified in the C4, Open Display District. The applicant has stated more specifically the uses would be automotive type uses and include a tire and rim shop, sound system installation, vehicle and sign wrapping, window tinting and glass installation or upholstery shop. The second building will be used primarily as storage but may also be leased to various businesses in the future. The two (2) buildings may contain up to eight (8) bays. Each bay may be leased to a separate user. June 26, 2014 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: S-1726 2 B. EXISTING CONDITIONS: The site contains two metal buildings and is currently being used as an automobile dealership. North of the site is a thrift store and south of the site is an automobile dealership. The area to the west, across Mabelvale Cut-off, contains single-family homes located on large lots. Other uses in the area include office and office warehouse uses, mini-warehouse, auto related businesses, including sales, rental and audio installation. There is an apartment complex located along Mabelvale Cut-off to the southwest. The rear portion of the property is zoned R-2, Single-family and is separated from the commercially zoned property with an 8-foot tall wood privacy fence. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents. All property owners located within 200-feet of the site along with the Geyer Springs Neighborhood Association, the Meadowcliff Brookwood Neighborhood Association, the South Brookwood Ponderosa Neighborhood Association, the Wakefield Neighborhood Association and Southwest Little Rock United for Progress were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: No comment. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: 1. No objection. All Central Arkansas Water requirements in effect at the time of request for water service must be met. 2. Contact Central Arkansas Water regarding the size and location of the water meter. June 26, 2014 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: S-1726 3 3. 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. 4. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. 5. Contact Central Arkansas Water if additional fire protection or metered water service is required. 6. 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. 7. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZA) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water 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 Central Arkansas Water. The test results must be sent to Central Arkansas Water’s Cross Connection Section within ten 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: Place fire hydrant(s) per code. Maintain access. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: Bus stop on University, Forbing and Mabelvale Pike adjacent to the site. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Building Code: Project is subject to full commercial plan review approval prior to issuance of a building permit. For information on submittal requirements and the review process, contact a commercial plans examiner: Curtis Richey at 501.371.4724; crichey@littlerock.org or Mark Alderfer at 501.371.4875; malderfer@littlerock.org . Planning Division: No comment. June 26, 2014 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: S-1726 4 Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. Street buffers will be required at six (6) percent of the average depth of the lot. The minimum dimension shall be one-half (½) the full width requirement but in no case less than nine (9) feet. A minimum t wenty-two (22) foot wide buffer (6% of the average lot width) is required along South University Avenue. 3. A perimeter planting strip is required along any side of a vehicular use area that abuts adjoining property. This strip shall be at least nine (9) feet wide. Provide trees with an average linear spacing of not less than thirty (30) feet within the perimeter planting strip. Provide three (3) shrubs or vines for every thirty (30) linear feet of perimeter planting strip. 4. Eight percent (8%) of the vehicular use area must be designated for green space; this green space needs to be evenly distributed throughout the parking area(s). The minimum size of an interior landscape area shall be one hundred fifty (150) square feet for developments with one hundred fifty (150) or fewer parking spaces. Interior islands must be a minimum of seven and one half (7 ½) feet in width. Trees shall be included in the interior landscape areas at the rate of one (1) tree for every twelve (12) parking spaces. 5. Landscape areas shall be provided between the vehicular use area used for public parking and the general vicinity of the building, excluding truck loading or service areas not open to public parking. These areas shall be equal to an equivalent planter strip three (3) feet wide along the vehicular use area. 6. A landscape irrigation system shall be required for developments of one (1) acre or larger. G. SUBDIVISION COMMITTEE COMMENT: (April 23, 2014) Mr. Chidi Ukegbu was present representing the request. Staff presented an overview of the development stating there were few outstanding technical issues associated with the request. Staff requested the applicant provide the maximum building height, the proposed phasing plan and the location of any dumpster on the site plan. Staff also requested the applicant provide the proposed building materials for the new buildings. Landscaping comments were addressed. Staff stated based on the percentage of new construction on the site the site must come into compliance with the City’s Landscape Ordinance. Staff stated a minimum landscape strip of 9-feet was required along the western, northern and southern perimeters of the site. Staff June 26, 2014 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: S-1726 5 stated a street buffer of 22-feet was required along South University Avenue. Staff stated a minimum of eight percent of the vehicular use area was to be landscaped with landscape islands of 150 square feet in area. Mr. Ukegbu stated the site was paved from property line to property line. Staff stated he would be responsible for cutting back the pavement and placing the required landscape strip and required plantings within the landscape strip to comply with City code. Staff noted the comments from the various other agencies. There were no more issues for discussion. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing comments raised at the April 23, 2014, Subdivision Committee meeting. The applicant has stated he desires the property to be treated separately from the property to the north. The properties are under different legal descriptions but are functioning as one (1) zoning lot currently and the plan as submitted in staff’s opinion does not provide a separation of the lots from a zoning stand point. The applicant has indicated the parcels will function as different businesses and should be treated as such. The applicant is proposing to place two (2) metal buildings on property located at 6706 South University Avenue. The buildings are proposed along the southern perimeter of the site. One (1) building will be used for storage. The applicant has indicated in the future bays maybe added and leased to individuals for a use as identified in the C4, Open Display District. The applicant has stated more specifically the uses would be automotive type uses and include a tire and rim shop, sound system installation, vehicle and sign wrapping, window tinting and glass installation or upholstery shop. The second building will be used primarily as storage but may also be leased to various businesses in the future. The two (2) buildings may contain up to eight (8) bays. Each bay may be leased to a separate user. The western most building is proposed to be 16-feet in height and with 3,200 square feet. The building is indicated with a 15-foot rear yard setback and 15-foot side yard setback along the southern perimeter. The eastern most building is proposed containing 8,700 square feet with a maximum building height of 16-feet. The building setback is indicated at 18-feet along the southern perimeter and a 60-foot building setback from South University Avenue. June 26, 2014 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: S-1726 6 The site plan submitted allows for three (3) landscape islands along the northern perimeter of the site allowing for driveway access to the front and rear of the property with a 20-foot paved strip remaining between the proposed landscape islands. The plan also indicates the placement of a small amount of landscaping along South University Avenue along the southern portion of the drive and a small strip along the southern perimeter extending westward from South University Avenue. The property dimension along the northern perimeter is 406-feet. The applicant has indicated three (3) planting areas along this perimeter. The planting strip is located 60-feet west of South University Avenue and is proposed 40-feet in length by 9-feet in width. The second planter strip is located 20-feet west of the first. This strip is also 40-feet in length and 9-feet in width. The third planter strip is located 20-feet west of the second strip, also 40-feet in length and 9-feet in width. The remaining 185-feet along the northern perimeter has not changed and is still indicated as a continuous asphalt strip connecting the northern property to this southern property. The landscape and buffer ordinances would typically require the placement of a 10.14-foot continuous landscape strip along this perimeter. The landscaping along South University Avenue is indicated 9-feet in width and extends from the driveway entrance to the southern property line. Based on the typical ordinance requirements for a property with 406-feet of depth an average landscape strip of 24-feet is required and in no case less than one-half. The landscape strip should include the entire frontage along South University Avenue. The landscape strip along the southern perimeter is indicated with a 9-foot width and extends to the west 50-feet. The buffer and landscape ordinances would typically require the placement of a 10.14-foot landscape strip for the entirety of the property length. The site plan as presented does not include any landscaping along the western perimeter. The landscape ordinance would typically require the placement of a 10.14-foot landscape strip in this area. . Staff is not supportive of the application as filed. The applicant is requesting the southern parcel be viewed as a separate parcel but has not provided landscaping to separate the two (2) parcels and allow them to be disconnected. In addition based on the percentage of upgrade to the site, 100-percent upgrade, the site should come into full compliance with the landscape and buffer ordinance requirements. June 26, 2014 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: S-1726 7 I. STAFF RECOMMENDATION: Staff recommends denial of the request as filed. PLANNING COMMISSION ACTION: (MAY 15, 2014) The applicant was not present. There were no registered objectors present. Staff stated on May 1, 2014, the applicant had submitted a request for deferral of the item to the June 26, 2014, public hearing to allow the applicant sufficient time to resolve concerns raised at the Subdivision Committee meeting. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. PLANNING COMMISSION ACTION: (JUNE 26, 2014) The applicant was not present. There were several registered objectors present. Staff questioned if the applicant was present. It was noted the applicant was not present. Staff requested the item be deferred to the August 7, 2014, public hearing to allow the applicant to be present for the discussion of the item. There was no further discussion of the item. The chair entertained a motion for deferral of the item to the August 7, 2014, public hearing. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. June 26, 2014 ITEM NO.: C FILE NO.: Z-8937 NAME: Rainey Long-form PD-R LOCATION: Located in the 10000 Block of Old Arkansas Drive DEVELOPER: Russell Rainey 1501 Rahling Road #1704 Little Rock, AR 72223 ENGINEER: Marlar Engineering Co. 5318 John F. Kennedy Boulevard North Little Rock, AR 72116 AREA: 10.91 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family ALLOWED USES: Single-family residential PROPOSED ZONING: PD-R PROPOSED USE: 8 units of attached single-family housing VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is proposing the rezoning of the site from R-2, Single-family to PD-R to allow the development of a 10 acre parcel located on Old Arkansas Drive with eight (8) attached small homes arranged around a central courtyard designed to provide community for its residents and harmony with the character of the neighborhood. The primary purpose of the proposed development is to allow the applicant to properly care for their elderly parents that are suffering from Alzheimer’s disease. The buildings and paved area will encompass three (3) of the ten (10) acres. The remaining area will be undeveloped. June 26, 2014 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-8937 2 B. EXISTING CONDITIONS: The property is located behind the gate of Old Arkansas Drive. Old Arkansas is a narrow unimproved chip-seal road with open ditches for drainage. The property is located outside the City limits of Little Rock but within the City’s Extraterritorial Planning Jurisdiction. The area is primarily single-family with homes located on acreage. There is a PD-C zoned parcel located on Barrett Road to the east which was approved as an in-home beauty salon for the current homeowner. The property north of Barrett Road has a significant slope from north to south. This property also has a significant slope from north to south. The timber on this site was recently removed. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a number of phone calls both informational and with opposition to the request from area residents. All property owners located within 200-feet of the site along with the Coalition of West Little Rock Neighborhoods were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Stormwater detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Outside the service boundary, no comment. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: Water is not available from Central Arkansas Water at this time. Area is inside Maumelle Water Corp. (Roland) Water System. If this location becomes part of Central Arkansas Water Service area comments will be offered at that time. Fire Department: Provide a letter of approval from the Lake Maumelle Volunteer Fire Department stating their knowledge of the project and their ability to serve the development. Little Rock Fire Department Comments - Place fire hydrant(s) June 26, 2014 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-8937 3 per code. Maintain access. Contact the Little Rock Fire Department for additional information. County Planning: 1. Show address of owner of record. 2. Provide Source of Title. 3. State owner/developer same person. 4. Provide State Plane Coordinates for two Property Corners. 5. Show contours at 4’ min intervals. 6. Show water courses across tract. 7. Show applicable zoning districts. 8. Provide AHD wasterwater system approval. 9. Provide letter of approval from local fire department. 10. Provide grading/storm drainage plan. 11. Pay $33.00 review fee. CATA: About 1 mile from #25 express route – operates AM/PM peak hours Monday – Friday only. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Building Codes: Project is subject to full commercial plan review approval prior to issuance of a building permit. For information on submittal requirements and the review process, contact a commercial plans examiner: Curtis Richey at 501.371.4724; crichey@littlerock.org or Mark Alderfer at 501.371.4875; malderfer@littlerock.org . Planning Division: This request is located in the Pinnacle Planning District. The Land Use Plan shows Residential Low Density (RL) for this property. Residential Low Density allows for single family homes at densities not to exceed 6 dwelling units per acre. Such residential development is typically characterized by conventional single family homes, but may also include patio or garden homes and cluster homes, provided that the density remain less than 6 units per acre. The applicant has applied for a rezoning from R-2 (Single Family District) to PDR June 26, 2014 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-8937 4 (Planned District Residential) to allow for the development of multifamily development of 8 units (0.7 units/acre) on this site. Master Street Plan: Old Arkansas Drive is a Local Street on the Master Street Plan. The primary function of a Local Street is to provide access to adjacent properties. Local Streets that are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. A Collector design standard is used for Commercial Streets. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes shown in the immediate vicinity. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. A land use buffer will be required when an adjacent property has a dissimilar use of a more restrictive nature. As a component of all land use buffer requirements, opaque screening, whether a fence or other device, a minimum of six (6) feet in height shall be required upon the property line side of the buffer. A minimum of seventy (70) percent of the land use buffer shall be undisturbed. Easements cannot count toward fulfilling this requirement. The plantings, existing and purposed, shall be provided as within the Landscape Ordinance of the City, Section 15-81. 3. The property to the north is zoned R-2, Single-family therefore, a minimum thirty-six (36) foot buffer (6% of the average lot width) is required on the north property line. 4. Landscape within or adjacent to vehicular use areas shall be protected with wheel stops, curbing, or other vehicular controls. 5. Eight percent (8%) of the vehicular use area must be designated for green space; this green space needs to be evenly distributed throughout the parking area(s). The minimum size of an interior landscape area shall be one hundred fifty (150) square feet for developments with one hundred fifty (150) or fewer parking spaces. Interior islands must be a minimum of seven and one half (7 ½) feet in width. Trees shall be included in the interior landscape areas at the rate of one (1) tree for every twelve (12) parking spaces. 6. Landscape areas shall be provided between the vehicular use area used for public parking and the general vicinity of the building, excluding truck loading or service areas not open to public parking. These areas shall be equal to an equivalent planter strip three (3) feet wide along the vehicular use area. June 26, 2014 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-8937 5 7. The development of two (2) acres or more requires an approved landscape plan stamped with the seal of a registered landscape architect prior to the issuance of a building permit. 8. A landscape irrigation system shall be required for developments of one (1) acre or larger. 9. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (April 23, 2014) Mr. Rainey along with a representative of Marlar Engineering were present representing the request. Staff presented an overview of the development stating the request was a rezoning to PD-R to allow the development of eight (8) units of residential housing on the property. Mr. Rainey stated each of the units along with a garage would transfer through a deed to the future owner. He stated a property owners association would be created to take care of the common areas and entrances. Staff questioned the size of the proposed storage buildings. Mr. Rainey stated the buildings would be used solely for residential storage. Staff also questioned by amount of paving indicated on the site plan. Public Works comments were addressed. Staff stated the City’s Stormwater Detention Ordinance would apply to the development of the site. Staff also questioned why the trees were removed from the site. Mr. Rainey stated the trees were diseased. Staff noted the comments from the various other agencies. There were no more issues for discussion. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing a number of the issues raised at the April 23, 2014, Subdivision Committee meeting. The applicant has indicated the project consists of single-family attached dwellings. Each dwelling will be individually deeded to include the land under the dwelling and its front and back porches. The remainder of the land, the development facilities and infrastructure will be controlled by a property owners association made up of the individual single-family dwelling owners. All siding and roofing building materials are proposed as earth tones of metal, stucco, stone and wood to blend in with the surroundings. To minimize fire June 26, 2014 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-8937 6 danger, the developer will use non-combustible roof material such as metal or stone covered metal. No perimeter fencing is proposed. Should perimeter fencing be desired in the future staff recommends fencing be allowed as typically allowed per the R-2, Single-family Zoning District. The maximum building height proposed is 25-feet. The development will be allowed home occupations as typically allowed per the residential zoning district. The site plan indicates the placement of a 40-foot by 100-foot storage building. The applicant has stated the building will be used for storage of resident’s possessions, including boats, trailers, ATV’s. The applicant has indicated the paved areas will be minimized but will be constructed to provide ample parking and provide traffic flow. The applicant is requesting to be allowed to construct the driving surfaces with a permeable material to reduce water runoff. According to the applicant the paved areas will be landscaped to visually lessen the impact of the paved areas. According to the applicant they have been working under the direction of a forester and landscape architect to remove trees and underbrush that is necessary for the proposed excavation and to create a healthy forest. The applicant states in 1983, a large wildfire severely burned this area causing the current forest to have a high density of unhealthy trees which are predisposed to be attacked by disease, infestation and even more wildfires. The applicant states the buffers indicated on the site plan remain undisturbed. The areas in which trees were removed will be reforested. The applicant has indicated a State and County approved treatment plant will be designed by their engineer to handle the wastewater. Water will be provided by Maumelle Water Corporation. Fire protection will be provided by the Lake Maumelle Volunteer Fire District. The applicant has indicated as agreed with the officials of the Lake Maumelle Volunteer Fire Department, the development will contain the following features for fire safety: fire hydrants, fire walls, fire suppression system, Class A fire rated materials, non-combustible roofing, all electric units and no fireplaces in the dwelling units. Staff has concerns with the development as proposed. Although the density of the development is well within the density allowed per the Future Land Use Plan staff feels the development with a single building, even though the units are proposed as owner occupied, is not in keeping with the character of the neighborhood. I. STAFF RECOMMENDATION: Staff recommends denial of the request. June 26, 2014 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-8937 7 PLANNING COMMISSION ACTION: (MAY 15, 2014) The applicant was not present. There was one registered objector present. Staff presented the item stating the applicant had submitted a request dated May 9, 2014, requesting deferral of the item to the June 26, 2014, public hearing. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. STAFF UPDATE: The applicant is continuing to review alternatives to the design of the proposed residential development. Staff recommends deferral of this item to the August 7, 2014, public hearing. PLANNING COMMISSION ACTION: (JUNE 26, 2014) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant was continuing to review alternate designs for the proposed residential development. Staff presented a recommendation of deferral of the item to the August 7, 2014, public hearing. There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. June 26, 2014 ITEM NO.: 1 FILE NO.: S-71-D NAME: University Park Addition Preliminary Plat LOCATION: Located on the Northwest corner of West 12 th Street and University Avenue DEVELOPER: Murphy USA 422 North Washington El Dorado, AR 71730 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 4.92 acres NUMBER OF LOTS: 4 FT. NEW STREET: 0 LF CURRENT ZONING: I-2, Light Industrial PLANNING DISTRICT: 10 – Boyle Park CENSUS TRACT: 21.03 VARIANCE/WAIVERS: 1. Variances from Sections 30-43 and 31-210 to allow the driveway located on West 12 th Street less than 300-feet from the intersection, to allow the driveway on University Avenue less than 300-feet from the intersection and to allow the driveways on University Avenue to be less than 300-feet apart 2. A variance from Section 36-320(e.1) to allow a reduced front setback along West 12 th Street and University Avenue (50-feet required 40-feet indicated). A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The developer is proposing a four (4) lot subdivision from this 4.9-acres parcel located at the northwest corner of University Avenue and 12 th Street. The property is currently zoned I-2, Light Industrial and was originally developed as the Brandon House furniture store. The four (4) lots will share access throughout June 26, 2014 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-71-D 2 the subdivision. The request includes driveway spacing variances along with a variance to allow reduced front yard setbacks. B. EXISTING CONDITIONS: The buildings located on this site were demolished in late 2013. There is a significant slope from University Avenue extending upward to the University Park Subdivision located along the property’s western boundary. This area contains a mixture of residential, commercial and office uses. There is a convenience store, with gas pumps, located to the south of this site and further south is a strip retail building containing a mixture of commercial uses including auto glass repair and a restaurant. East of the site is a multi-story office building and a retail business and northeast is a hotel, a multi-story office building and a mini-warehouse facility. Southeast of the site are commercial uses and a single-family subdivision, the Oak Forest Gardens Annex. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents. All abutting property owners along with the Broadmoor Property Owners Association, the Fair Park Residents Association, the Oak Forest Initiative Coalition, the Point O Woods Neighborhood Association and the University Park Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Show curb cuts and medians adjacent to site and across the street to determine potential driveway conflicts. 2. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 3. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 4. Vegetation must be established on disturbed area on the site within 21-days of completion of harvest activities. 5. Stormwater detention ordinance applies to this property if previously installed. Show the proposed location for stormwater detention facilities on the plan. June 26, 2014 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-71-D 3 6. If disturbed area is one (1) or more acres, obtain a NPDES stormwater permit from the Arkansas Department of Environmental Quality prior to the start of construction. 7. On site striping and signage plans should be forwarded to Public Works, Traffic Engineering for approval with the site development package. 8. Obtain permits prior to doing any street cuts or curb cuts. Obtain barricade permit prior to doing any work in the right-of-way. Contact Travis Herbner, Traffic Engineering, at 501.379.1805; therbner@littlerock.org . 9. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The driveway spacing on University Avenue and 12 th Street are 300-feet from other driveways and intersections. The width of driveway must not exceed 36-feet. A variance must be requested for the three (3) driveways. 10. In accordance with Section 31-210 (h) (12), future access driveways running parallel to the street shall not create a four-way intersection within 75-feet of the future curb line of the street. 11. A pedestrian crosswalk with access ramps should be provided between the lots across the access and utility easement. 12. Retaining walls designed to exceed 15-feet in height are required to seek a variance for construction. Provide proposed wall elevations. 13. Prior to construction of retaining walls, an engineer's certification of design and plans must be submitted to Public Works for approval. After construction, an as-built certification is required for construction of the retaining wall. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: Entergy does not object to the proposal. Three phase power is available on the western edge of Lot 4 and along West 12 th Street to the South. Contact Entergy in advance of construction so line routing, easements and construction schedule details can be discussed. Center-Point Energy: No comment received. AT & T: No comment received. June 26, 2014 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-71-D 4 Central Arkansas Water: 1. All Central Arkansas Water requirements in effect at the time of request for water service must be met. 2. A water main extension will be needed to provide water service to this property. 3. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. 4. 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. 5. 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 Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and the Little Rock Fire Department is required. 6. 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. 7. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. 8. Contact Central Arkansas Water if additional fire protection or metered water service is required. 9. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZA) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water 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 Central Arkansas Water. The test results must be sent to Central Arkansas Water’s Cross Connection Section within ten days of installation and June 26, 2014 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-71-D 5 annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. 10. The facilities on-site will be private. When meters are planned off private lines. Private facilities shall be installed to Central Arkansas Water’s material and construction specifications and installation will be inspected by an engineer, licensed to practice in the State of Arkansas. Execution of Customer Owned Line agreement is required. 11. Fire sprinkler systems which do not contain additives such as antifreeze shall be isolated with a double detector check valve assembly. If additives are used, a reduced pressure zone backflow preventer shall be required. 12. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: Approved as submitted. County Planning: No comment CATA: Proposed site directly served by Routes #3, #17, #21 and #22. Bus stops at University and 10 th at Park’s Ride and University at 12 th Southwest corner at Shell. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Building Code: No comment. Planning Division: No comment. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (June 4, 2014) Mr. Joe White of White Daters and Associates was present representing the request. Staff presented an overview of the proposal stating there were a few outstanding technical issues associated with the request in need of addressing prior to the full Commission hearing the item. Staff stated the property was zoned I-2, Light Industrial which typically required the placement of a 50-foot front building setback. Staff questioned if the applicant was requesting a June 26, 2014 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-71-D 6 variance to allow the 40-foot front building setback as indicated. Staff also stated pedestrian cross access was needed between the proposed lots. Public Works comments were addressed. Staff requested Mr. White provide the location of drives across from the proposed development and the median breaks. Staff also stated access drives could not create a 4-way intersection within 75-feet of the curb line. Staff stated any drives which exceeded 36-feet in width would require a variance from the various ordinances. Staff noted the comments from the various other agencies. There were no more issues for discussion. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised preliminary plat to staff addressing a number of the issues raised at the June 4, 2014, Subdivision Committee meeting. The request includes a variance to allow a reduced front yard setback along the abutting streets. The revised plat indicates the lots will provide cross access for pedestrian circulation between the four (4) lots. The developer is proposing a four (4) lot subdivision from this 4.9-acres parcel. The four (4) lots will share access throughout the subdivision. The property is zoned I-2, Light Industrial. The lots are indicated with areas ranging from 0.84 acres to 2.38 acres. A 60-foot access and utility easement will provide access and circulation to the proposed lots. Lot 1 is proposed containing 1.60 acres, Lot 2 containing 0.84 acres, Lot 3 containing 1.03 acres and Lot 4 containing 2.38 acres. There are variances associated with the request related to driveway spacing and setbacks. A variance from Sections 30-43 and 31-210 is being requested to allow the driveway located on West 12 th Street less than 300-feet from the intersection. The driveway is indicated approximately 250-feet from the intersection. The request also includes a variance to allow the driveway on University Avenue less than 300-feet from the intersection. The driveway on University Avenue is indicated at approximately 260-feet. The request also includes a variance to allow the driveways on University Avenue to be less than 300-feet apart. The drives center to center are approximately 160-feet apart. As noted the driveway spacing for the two (2) driveways on University Avenue do not meet spacing requirements of the ordinances. Staff recommends removing the northern drive and leaving the south drive on University Avenue. Staff also recommends the eastbound left-turn lane on 12 th Street be extended to provide a total of 300 feet of left-turn bay length as per Master Street Plan requirement. June 26, 2014 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-71-D 7 The extension of the left turn lane will require widening of 12 th Street on the north curb-side. Proper taper (as required by the AASHTO Green Book) for westbound through traffic should be constructed to accommodate the extended left turn lane. Submit plans showing the extended east bound left-turn lane design, taper dimensions and lane transitions. The northwest driveway for Lot 1 should be removed based on driveway spacing requirements. The applicant has not agreed to this requirement and is requesting additional time to review the consequence of removal of the drive on South University Avenue. The request also includes a variance from Section 36-320(e.1) to allow a reduced front setback along West 12 th Street and University Avenue. The property is zoned I-2, Light Industrial which typically requires a 50-foot building setback. The plat indicates the placement of a 40-foot front building setback. Since the comment related to the removal of drives on South University Avenue was provided to the applicant after Subdivision Committee comments were provided staff will continue to work with the applicant to review options for access to the site. Staff will provide a recommendation at the June 26, 2014, public hearing. I. STAFF RECOMMENDATION: Staff recommendation forthcoming. PLANNING COMMISSION ACTION: (JUNE 26, 2014) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had agreed with staff comments related to street improvements to 12 th Street and the removal of the northern most proposed driveway location on University Avenue. Staff stated based on the applicant’s concurrence with staff’s comments provided in the staff analysis section of the agenda write-up staff was in support of the proposed preliminary plat and the associated driveway spacing variance requests. Staff presented a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff presented a recommendation the eastbound left-turn lane on 12 th Street be extended to provide a total of 200 feet of left-turn bay length as per the Master Street Plan requirement. Staff stated the extension of the left turn lane would require widening of 12 th Street on the north curb-side. Staff stated proper tapers as required by the AASHTO Green Book for westbound through traffic must be constructed to June 26, 2014 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-71-D 8 accommodate the extended left turn lane. Staff presented a recommendation the north driveway located on Lot 1 University Avenue be removed. Staff presented a recommendation of approval of the variance request from Section 36-320(e.1) to allow a reduced front setback along West 12 th Street and University Avenue of 40-feet as indicated. Staff presented a recommendation of approval of the variance requests from Sections 30-43 and 31-210 to allow the driveway located on West 12 th Street less than 300-feet from the intersection and to allow the driveway on University Avenue less than 300-feet from the intersection. There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. June 26, 2014 ITEM NO.: 2 FILE NO.: S-1261-J NAME: Kenwood Subdivision Revised Preliminary Plat LOCATION: Located on David O Dodd Road, just South of JA Fair High School DEVELOPER: Davis Fitzhugh 5510 Hawthorne Road Little Rock, AR 72207 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 69.6 acres NUMBER OF LOTS: 220 FT. NEW STREET: 9,260 LF CURRENT ZONING: R-2, Single-family PLANNING DISTRICT: 12 – 65 th Street West CENSUS TRACT: 24.05 VARIANCE/WAIVERS: A deferral of the boundary street ordinance requirements to David O Dodd until the development of a later phase. The applicant submitted a request dated June 12, 2014, requesting withdrawal of this item. Staff is supportive of the withdrawal request. PLANNING COMMISSION ACTION: (JUNE 26, 2014) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated June 12, 2014, requesting withdrawal of this item. Staff stated they were supportive of the withdrawal request. There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. June 26, 2014 ITEM NO.: 3 FILE NO.: Z-1500-A NAME: Lot 4 University Park Hotel CUP LOCATION: Located at 6030 West 12 th Street OWNER/APPLICANT: Joe White, White-Daters and Associates PROPOSAL: The applicant is requesting approval of a Conditional Use Permit to allow for construction of a new hotel on this I-2, Light Industrial zoned property. VARIANCE/WAIVERS: 1. A variance from Sections 30-43 and 31-210 to allow the driveway located on West 12 th Street less than 300-feet from the intersection. 2. A variance from Section 36-502(b.1.f) to allow a reduced number of parking spaces. 3. A variance from Section 36-557(a) to allow sign without public street frontage, north and east facades. 4. A variance from Section 29-190(1)(c) to allow the proposed retaining wall to exceed the typical standard of the ordinance for a straight line. 1. SITE LOCATION: The property is located just west of the northwest corner of 12 th Street and University Avenue. 2. COMPATIBILITY WITH NEIGHBORHOOD: The building located on this site was demolished late 2013. There is a significant slope from University Avenue extending upward to the University Park Subdivision located along the property’s western boundary. This area contains a mixture of residential, commercial and office uses. There is a convenience store, with gas pumps, located to the south of this site and further south is a strip retail building containing a mixture of commercial uses including auto glass repair and a restaurant. East of the site is a multi-story office building and a retail business and northeast is a hotel, a multi-story office building and a mini-warehouse facility. Southeast of the site are commercial uses and a single-family subdivision, the Oak Forest Gardens Annex. As of this writing, staff has received several informational phone calls from area residents. All property owners located within 200-feet of the site along with the Broadmoor Property Owners Association, the Fair Park Residents Association, the Oak Forest Initiative Coalition, the Point O Woods Neighborhood Association June 26, 2014 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-1500-A 2 and the University Park Neighborhood Association were notified of the public hearing. 3. ON SITE DRIVES AND PARKING: As a separate item on this agenda the applicant is proposing a preliminary plat to allow the creation of four (4) lots all with shared access and drives from 12 th Street and University Avenue. The hotel is proposed with 110 rooms which requires the placement of 121 parking spaces per typical ordinance standard. 4. SCREENING AND BUFFERS: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. Street buffers will be required at six (6) percent of the average depth of the lot. The minimum dimension shall be one-half (½) the full width requirement but in no case less than nine (9) feet. A minimum twenty-eight (28) foot wide buffer (6% of the average lot width) is required along West 12 th Street. 3. A land use buffer will be required when an adjacent property has a dissimilar use of a more restrictive nature. As a component of all land use buffer requirements, opaque screening, whether a fence or other device, a minimum of six (6) feet in height shall be required upon the property line side of the buffer. A minimum of seventy (70) percent of the land use buffer shall be undisturbed. Easements cannot count toward fulfilling this requirement. The plantings, existing and purposed, shall be provided within the landscape ordinance of the City, Section 15-81. 4. The properties to the west are zoned R-5 and R-2 therefore, a minimum thirteen (13) foot buffer (6% of the average lot width) is required on the west property line. 5. A perimeter planting strip is required along any side of a vehicular use area that abuts adjoining property. This strip shall be at least nine (9) feet wide. Provide trees with an average linear spacing of not less than thirty (30) feet within the perimeter planting strip. Provide three (3) shrubs or vines for every thirty (30) linear feet of perimeter planting strip. 6. Landscape areas shall be provided between the vehicular use area used for public parking and the general vicinity of the building, excluding truck loading or service areas not open to public parking. These areas shall be equal to an equivalent planter strip three (3) feet wide along the vehicular use area. 7. Eight percent (8%) of the vehicular use area must be designated for green space; this green space needs to be evenly distributed throughout the parking area(s). The minimum size of an interior landscape area shall be one hundred June 26, 2014 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-1500-A 3 fifty (150) square feet for developments with one hundred fifty (150) or fewer parking spaces. Interior islands must be a minimum of seven and one half (7 1/2) feet in width. Trees shall be included in the interior landscape areas at the rate of one (1) tree for every twelve (12) parking spaces. 8. A landscape irrigation system shall be required for developments of one (1) acre or larger. 9. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. 5. PUBLIC WORKS COMMENTS: 1. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 2. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 3. Stormwater detention ordinance applies to this property if previously installed. Show the proposed location for stormwater detention facilities on the plan. 4. If disturbed area is one (1) or more acres, obtain a NPDES stormwater permit from the Arkansas Department of Environmental Quality prior to the start of construction. 5. On site striping and signage plans should be forwarded to Public Works, Traffic Engineering for approval with the site development package. 6. A pedestrian crosswalk with access ramps should be provided between the lots across the access and utility easement. 7. Driveway location on 12 th Street does not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. Show the existing street medians, driveways and streets on the other side of adjacent streets. 8. Retaining walls designed to exceed 15-feet in height are required to seek a variance for construction. Provide the proposed grading plan with wall elevations. 9. Prior to construction of retaining walls, an engineer's certification of design and plans must be submitted to Public Works for approval. After construction, an as-built certification is required for construction of the retaining wall. June 26, 2014 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-1500-A 4 10. Damage to public and private property due to hauling operations or operation of construction related equipment from a nearby construction site shall be repaired by the responsible party prior to issuance of a certificate of occupancy. 6. UTILITY/FIRE DEPARTMENT/COUNTY PLANNING/CATA/BUILDING CODES: Wastewater: Sewer available to this project. Capacity fee analysis required. Contact Little Rock Wastewater Utility for additional information. Entergy: Entergy does not object to the proposal other than caution should be used to maintain adequate clearance from overhead power lines during construction of the proposed hotel. Power lines exist on the west and south side of the lot. Center-Point Energy: CenterPoint Energy (CNP) has natural gas facilities located along the northern Right-Of-Way for West 12th Street between Arthur Drive and South University Avenue. Please be advised that for File Z-1500-A, CNP facilities could potentially be in conflict with the proposed pylon sign. For File Z-1500-B, CNP facilities could potentially be in conflict with the proposed pylon sign and/or proposed underground fuel tanks. We advise that One-Call be called prior to any construction to locate CNP facilities. AT & T: No comment received. Central Arkansas Water: 1. All Central Arkansas Water requirements in effect at the time of request for water service must be met. 2. A water main extension will be needed to provide water service to this property. 3. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. 4. 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. 5. Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Plan revisions may be required after June 26, 2014 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-1500-A 5 additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and the Little Rock Fire Department is required. 6. 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. 7. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. 8. Contact Central Arkansas Water if additional fire protection or metered water service is required. 9. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZA) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water 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 Central Arkansas Water. The test results must be sent to Central Arkansas Water’s Cross Connection Section within ten 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. 10. The facilities on-site will be private. When meters are planned off private lines. Private facilities shall be installed to Central Arkansas Water’s material and construction specifications and installation will be inspected by an engineer, licensed to practice in the State of Arkansas. Execution of Customer Owned Line agreement is required. 11. Fire sprinkler systems which do not contain additives such as antifreeze shall be isolated with a double detector check valve assembly. If additives are used, a reduced pressure zone backflow preventer shall be required. 12. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. June 26, 2014 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-1500-A 6 Fire Department: Fire hydrants per code. Maintain access. All drives must be 26-feet in width, sprinklers, and fire alarms are required. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: Proposed site directly served by Routes #3, #17, #21 and #22. Bus stops at University and 10 th at Park’s Ride and University at 12 th Southwest corner at Shell. Parks and Recreation: No comment received. Building Code: Project is subject to full commercial plan review approval prior to issuance of a building permit. For information on submittal requirements and the review process, contact a commercial plans examiner: Curtis Richey at 501.371.4724; crichey@littlerock.org or Mark Alderfer at 501.371.4875; malderfer@littlerock.org . 7. SUBDIVISION COMMITTEE COMMENT: (June 4, 2014) Mr. Joe White of White-Daters and Associates was present representing the request. Staff presented an overview of the development stating there were variances associated with the Conditional Use Permit request. Staff stated the building height as proposed exceeded the I-2, Light Industrial Zoning District height allowance. Staff also stated there was a variance associated with the parking as proposed and the parking typically required for a hotel development. Staff questioned if the development would have meeting space, restaurant and or bar. Staff also questioned if there would be a concierge lounge serving happy hour beverages or a gift shop which would allow for alcohol sales. Staff stated the dumpster should be relocated away from the residential property located to the west. Staff also questioned if the hotel was an extended stay hotel. Public Works comments were addressed. Staff stated if the site had previously provided detention then the development was to maintain the detention storage area. Staff also requested information concerning any cuts and slopes to be shown on the proposed site plan. Landscaping comments were addressed. Staff stated the street buffer on 12 th Street appeared to be deficient. Staff also stated screening was required along the western perimeter of the site. June 26, 2014 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-1500-A 7 Staff noted the comments from the various other agencies. There were no more issues for discussion. The Committee then forwarded the item to the full Commission for final action. 8. ANALYSIS: The applicant submitted a revised site plan based on comments raised at the June 4, 2014, Subdivision Committee meeting. The hotel has been reduced from 5-stories and 110-rooms to 4-stories and 95-rooms. The applicant has indicated there will not be meeting space, a restaurant and/or bar. The applicant has also indicated there will not be a concierge lounge serving happy hour beverages or a gift shop which would allow for alcohol sales. The revised plan has relocated the dumpster to the northern portion of the site but it remains adjacent to the single- family homes to the west. The proposed hotel is an extended stay hotel. The request is approval of a Conditional Use Permit for property zoned I-2, Light Industrial to allow the placement of a four (4) story hotel containing 95 rooms. The hotel is proposed with 95 parking spaces to serve the hotel. The total height of the hotel as measured by the Zoning Ordinance is 42.8-feet. The Zoning District allows a maximum building height of 45-feet. The hotel is proposed with signage on the south façade which is located with public street frontage. Signage is also proposed on the northern and eastern façades which are located without public street frontage and require a sign variance. The sign area is proposed to comply with the typical standards of the Zoning Ordinance or no more than ten (10) percent of the total façade area. A single ground sign is proposed along West 12 th Street at the driveway entrance to the hotel. The sign is proposed with a maximum height of 30-feet and a maximum sign area of seventy-two (72) square feet. The site plan as proposes does not include screening of the roof mounted mechanical equipment. The Zoning Ordinance requires screening of ground mounted equipment but the ordinance does not require screening of roof mounted equipment (Section 36-523(c)). The location of the equipment will most likely be visible from the adjacent single-family homes. The typical parking required for a hotel is based on one (1) parking space per guest room and an addition ten (10) percent of the required parking for staff and non-guest users. The parking as indicated (95 parking spaces) requires a variance to allow the development to not provide the additional 9-parking spaces typically required to serve the development. June 26, 2014 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-1500-A 8 The applicant has indicated the buffer and screening will be placed along the western perimeter where abutting the single-family neighborhood. The applicant has indicated on the site plan a 15-foot utility easement (which is typically not allowed to count as a part of the buffering requirement) and an additional 9-foot landscape area on top of the plateau before the beginning of the proposed slope. The buffer ordinance would typically require the placement of a 13-foot buffer outside the easement, of which, 70-percent is to remain undisturbed. As stated, there is a 15-foot utility easement between the adjacent homes and the proposed development area. The plan then indicates the placement of a 9-foot planted landscaped strip, a slope extending to a 10-foot bench which extends to a vertical wall. The wall and slope as proposed comply with the typical standards of the Land Alteration Ordinance. There is an area of non-compliance however, per Section 29-190(1)(c) no more than 200 feet of a terrace can be in a straight line and a minimum of a 10-foot curved section, jog, or offset is required to be installed for each additional 200-feet of terrace. Along the rear of the building this condition is not being met. The ordinance requires treatment of the cut-slope and the placement of plantings on the bench section of the wall. The applicant has not provided the proposed treatment of the cut slope or the treatment of the bench section of the wall along the northern and western perimeters. Staff is not in support of the application request as filed. Staff has concerns with the overall development as proposed. The hotel is proposed at an elevation which will be visible from the adjacent homes in the University Park Neighborhood. The mechanical equipment located on the roof will most likely be visible from the adjacent homes. The plan as presented does not comply with the minimum ordinance standards for land use buffers and parking. In addition there are concerns with the treatment of the proposed cut-slope and the bench treatment for the retaining wall area of this site. 9. STAFF RECOMMENDATION: Staff recommends denial of the request as filed. PLANNING COMMISSION ACTION: (JUNE 26, 2014) The applicant was present. There were registered objectors present. Staff presented the item with a recommendation of denial of the request. Mr. Mark Saivers of Sage Partners addressed the Commission on the merits of the request. He stated his company was representing the property owners in the sale of the land. He stated the site was the former Brandon House Furniture site. He stated the June 26, 2014 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-1500-A 9 land was indicated on the City’s Future Land Use Plan as Commercial and the property was currently zoned I-2, Light Industrial. He stated there were a number of uses within the existing zoning classification which would be of more impact on the adjacent homes than the proposed uses of the property. He stated his firm met with the Neighborhood Association representatives in April to discuss potential development of the site and the uses the neighborhood would most like to see develop on the site. He stated the neighborhood was concerned with the western buffer, the site not be developed with a specific brand of convenience store and if the site were a hotel, the hotel rooms not have access from outside the building. He stated the development plan as presented met the concerns of the neighborhood. He stated the buffer would be heavily landscaped, the hotel would not allow room access from the exterior of the hotel with the only room access through the main lobby. He stated the hotel was an extended stay hotel with rooms staring at $160.00 per night. He stated the height of the hotel had been reduced based on concerns of staff and the nearby residents. He stated the hotel was originally proposed as 5-stories and was now 4-stories. He stated the top of the hotel was 15-feet less than the height of the homes located in the adjacent subdivision. He stated the developer would provide a planted screen to limit the visibility of the hotel to the adjacent homes. Mr. Steve Shields addressed the Commission in support of the request. He stated he was the Athletic Directors at UALR and was very familiar with the hotel developer and his community involvement. He stated University Avenue was undergoing a positive overhall both north of I-630 with Mid-town and Park Avenue and South of I-630 with the new developments and future plans by the University. He stated he felt the development would be a positive for the area. Mr. Chris Johnson addressed the Commission in support. He stated he was employed by Dillard’s which had a store just north of the proposed hotel site. He stated the hotel would be an asset to Dillard’s by allowing a place for vendors, who came in to teach the employees about products, a nearby place to stay. He stated he felt the development would be a win, win for the City and for the area. Mr. Gene Pfeifer addressed the Commission in support. He stated he owned the commercial property located across from this site which was currently being used by Street Cycle Gear. He stated it was difficult to sustain a commercial property across the street from a vacant building and now an empty lot. He stated vacant property was not conducive to businesses in the area. He stated he felt this was a nice project. He stated he felt the proposed buffers would aid the nearby neighborhood by reducing the noise from motorist along South University. He stated he felt the development as proposed was the best use for the property. Ms. Pamela Powell addressed the Commission in opposition of the request. She stated her home was located on Arthur Drive which was directly behind the proposed hotel development. She stated she was not against development but against development June 26, 2014 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-1500-A 10 which involved 24-hour activity. She stated the hotel would be visible from the homes on Arthur Drive. She stated there was a hotel down the street. She stated the persons who addressed the Commission in support did not live in the neighborhood. Ms. Sandra Brown addressed the Commission in opposition of the request. She stated she was also involved in the City and City activities. She stated she was not against development and would embrace a development which would not impact University Park. She stated the site had become very run down and vagrants had taken over the area. She stated there were homeless camps located on the site prior to the removal of the Brandon House building. She stated she did not support a development with long hours. She stated this would generate a problem for the area. She stated the development should be a development more in keeping with developments which typically abutted residential subdivisions, maybe a development with normal business hours of 8 am to 5 pm or even 9 pm. Ms. Ruth Bell addressed the Commission in opposition of the request. She stated the League of Women Voters had historically not supported variances to the Land Alteration Ordinance. She stated the ordinance was a long time coming and a great number of people were involved in coming up with the ordinance to allow developers to ignore the rules. She stated it was important to provide the required landscaping to visually screen the wall from adjacent property and roadways. She stated the developers were requesting the Commission approve variances to the development standards but had not indicated what they were offering to off-set the variances. Ms. Eleanor Coleman addressed the Commission in opposition of the request. She stated she was President of the University Park Neighborhood Association. She stated the Board members did meet with the Sage Partners and did discuss potential development of the site. She stated the neighborhood had not taken a position on the application proposals before the Commission. She stated the site was a high traffic volume site. She stated the addition of any development would add to traffic flows in the area. She stated the Neighborhood Association supported the residents who were most directly impacted by the proposed development. Mr. Joe White of White Daters and Associates, the engineering firm representing the development, addressed the Commission on the technical aspects of the development. He stated if staff was concerned with the wall and the staggering of the wall his clients would meet the ordinance requirements and allow the off-sets as typically required. He stated the floor elevation of the hotel was 357’ and the ground level of the homes was 395’. He stated with the hotel construction the height would be below the homes and the homes would continue to look over the hotel. He stated the hotel would screen all roof mounted mechanical equipment. He stated the landscape plan included dense evergreen plantings within the buffer along the western perimeter. He stated the plan did not include counting the utility easement as a part of the buffer. He stated he felt the June 26, 2014 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-1500-A 11 neighbors would continue to look east, over the building and see the office building to the east. Mr. White stated the hotel did not need the additional parking to serve the development. He stated one to one, (one space to one room) was adequate to serve the needs of the hotel business. There was a general discussion by the Commission concerning the treatment of the wall along the rear of the hotel. Mr. White stated the wall was located 35-feet from the rear of the hotel but in the areas there were bump-outs in the building it was narrowed to 10-feet. The Commission questioned if Mr. White was amending the application to meet the Land Alteration Ordinance requirements. He stated he was amending his application. Commissioner Berry questioned staff as to the Neighborhood Action Plans and 12 th Street Corridor Plan as well as the University District Plan and if any of these plans had a vision for this intersection. Staff stated not that they were aware. There was a general discussion by the Commission on the allowable uses within the I-2, Light Industrial Zoning District. The Commission indicated regardless of the development there would be an impact on traffic. Commissioner Berry stated in-fill was difficult and it was a fight to strike the correct balance. The Commission questioned Ms. Powell if the modifications made and the information provided today had changed her mind on the proposed development. She stated she had not changed her position. She stated the hotel was a transit population that the hotel had no control over. She stated the hotel was proposed backing up to a neighborhood. She stated the house next door was a 2-story house and their view would not be blocked by the landscaping and screening. The Commission questioned staff if the site was developed with a use that was allowed by right then would the item need review and/or approval. Staff stated if the site were developed as a use identified in the I-2, Light Industrial Zoning District then there would not be a public review of the development. The chair entertained a motion for approval of the item as amended including all staff recommendations and comments except that of denial. The motion carried by a vote of 9 ayes, 1 no and 1 absent. June 26, 2014 ITEM NO.: 4 FILE NO.: Z-1500-B NAME: Murphy USA Short-form PD-C LOCATION: Located on the Northwest corner of West 12 th Street and University Avenue DEVELOPER: Murphy USA 422 North Washington El Dorado, AR 71730 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 1.6 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: I-2, Light Industrial ALLOWED USES: Industrial PROPOSED ZONING: PD-C PROPOSED USE: Convenience Store with fueling pumps VARIANCE/WAIVERS: Variances from Sections 30-43 and 31-210 to allow the driveway located on West 12 th Street less than 300-feet from the intersection, on University Avenue less than 300-feet from the intersection and on University Avenue less than 300-feet apart. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The property contains 1.6 acres located at the northwest corner of University Avenue and 12 th Street. The property is currently zoned I-2, Light Industrial District and was originally developed as the Brandon House furniture store. The application is proposed on Lot 1, University Park Preliminary Plat, which is a separate item on this agenda (S-71-D). Murphy USA is proposing to construct a June 26, 2014 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-1500-B 2 new 3,445 square foot convenience store with a stand-alone fuel canopy. 12-fueling stations (double sided for 24 pump locations) are proposed running parallel to South University Avenue. Included on the site plan are locations for ice units, vacuum stations and a propane pad. Access from University Avenue and 12 th Street will be from a shared driveway looping around the site on the north and west perimeters of this lot. The developer is requesting variances from the typical driveway spacing criteria of the Subdivision and Master Street Plan ordinances. B. EXISTING CONDITIONS: The building located on this site was demolished late 2013. There is a significant slope from University Avenue extending upward to the University Park Subdivision located along the property’s western boundary. This area contains a mixture of residential, commercial and office uses. There is a convenience store, with gas pumps, located to the south of this site and further south is a strip retail building containing a mixture of commercial uses including auto glass repair and a restaurant. East of the site is a multi-story office building and a retail business and northeast is a hotel, a multi-story office building and a mini-warehouse facility. Southeast of the site are commercial uses and a single-family subdivision, the Oak Forest Gardens Annex. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents. All property owners located within 200-feet of the site along with the Broadmoor Property Owners Association, the Fair Park Residents Association, the Oak Forest Initiative Coalition, the Point O Woods Neighborhood Association and the University Park Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Right-of-way dedication should be made to the back of the existing sidewalk. 2. The proposed signs on University Avenue and 12 th Street should be moved out of the 50-foot sight triangle. 3. Provide the proposed drive path of the fueling truck. June 26, 2014 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-1500-B 3 4. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 5. Stormwater detention ordinance applies to this property if previously installed. Show the proposed location for stormwater detention facilities on the plan. 6. If disturbed area is one (1) or more acres, obtain a NPDES stormwater permit from the Arkansas Department of Environmental Quality prior to the start of construction. 7. On site striping and signage plans should be forwarded to Public Works, Traffic Engineering for approval with the site development package. 8. Driveway locations on University Avenue and 12 th Street do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. Show the existing street medians, driveways and streets on the other side of adjacent streets. 9. Damage to public and private property due to hauling operations or operation of construction related equipment from a nearby construction site shall be repaired by the responsible party prior to issuance of a certificate of occupancy. 10. A pedestrian crosswalk with access ramps should be provided between the lots across the access and utility easement. 11. Label the bold line at the rear of the proposed building. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: Caution there is an existing 3-phase overhead power line on the north side of the sidewalk paralleling West 12 th Street. Installation of the proposed pylon sign and underground fuel tanks may cause clearance issues. Please contact Entergy in advance of construction to resolve these issues and to discuss service requirements. Center-Point Energy: CenterPoint Energy (CNP) has natural gas facilities located along the northern Right-Of-Way for West 12th Street between Arthur Drive and South University Avenue. Please be advised that for File Z-1500-A, CNP facilities could potentially be in conflict with the proposed pylon sign. For File Z-1500-B, CNP facilities could potentially be in conflict with the proposed pylon sign and/or proposed underground fuel tanks. We advise that One-Call be called prior to any construction to locate CNP facilities. June 26, 2014 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-1500-B 4 AT & T: No comment received. Central Arkansas Water: 1. All Central Arkansas Water requirements in effect at the time of request for water service must be met. 2. A water main extension will be needed to provide water service to this property. 3. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. 4. 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. 5. 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 Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and the Little Rock Fire Department is required. 6. 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. 7. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. 8. Contact Central Arkansas Water if additional fire protection or metered water service is required. 9. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZA) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water 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 Central Arkansas Water. The test results must be sent to Central Arkansas June 26, 2014 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-1500-B 5 Water’s Cross Connection Section within ten 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. 10. The facilities on-site will be private. When meters are planned off private lines. Private facilities shall be installed to Central Arkansas Water’s material and construction specifications and installation will be inspected by an engineer, licensed to practice in the State of Arkansas. Execution of Customer Owned Line agreement is required. 11. Fire sprinkler systems which do not contain additives such as antifreeze shall be isolated with a double detector check valve assembly. If additives are used, a reduced pressure zone backflow preventer shall be required. 12. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: Fire hydrants per code. Maintain access. All drives must be 26-feet in width. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: Proposed site directly served by Routes #3, #17, #21 and #22. Bus stops at University and 10 th at Park’s Ride and University at 12 th Southwest corner at Shell. F. ISSUES/TECHNICAL/DESIGN: Parks and Recreation: No comment received. Building Code: Project is subject to full commercial plan review approval prior to issuance of a building permit. A fuel facility requires State permitting. For information on submittal requirements and the City of Little Rock review process, contact a commercial plans examiner: Curtis Richey at 501.371.4724; crichey@littlerock.org or Mark Alderfer at 501.371.4875; malderfer@littlerock.org . Planning Division: This request is located in the I-630 Planning District. The Land Use Plan shows Commercial (C) for this property. The Commercial category includes a broad range of retail and wholesale sales of products, personal and professional services, and general business activities. Commercial activities vary in type and scale, depending on the trade area that they serve. The applicant has applied for a rezoning from I-2 (Light Industrial District) to PDC June 26, 2014 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-1500-B 6 (Planned District Commercial) to allow for the construction of a convenience store with gas pumps. Master Street Plan: University Avenue is a Principal Arterial and 12 th Street is a Minor Arterial on the Master Street Plan. A Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within the urbanized area. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians along both University Avenue and 12 th Street since they are both Arterials. These streets may require dedication of right-of- way and may require street improvements for entrances and exits to the site. Bicycle Plan: Class II Bike Lanes are shown along 12 th Street. Class II Bike Lanes provide a portion of the pavement for the sole use of bicycles. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. Street buffers will be required at six (6) percent of the average depth of the lot. The minimum dimension shall be one-half (½) the full width requirement but in no case less than nine (9) feet. A minimum (15) foot wide buffer (6% of the average lot width) is required along University Avenue and the private drive to the west of the site. 3. Outside activities and appurtenances shall be screened from abutting properties and streets, Section 15-95. Screening Requirements. Propane pad, ice units, and vacuum unit shall be screened or relocated. 4. Screening requirements will need to be met for the vehicular use areas adjacent to street right-of-ways. Provide screening shrubs with an average linear spacing of not less at three (3) feet within the required landscape area. Provide trees with an average linear spacing of not less than thirty (30) feet. 5. Eight percent (8%) of the vehicular use area must be designated for green space; this green space needs to be evenly distributed throughout the parking area(s). The minimum size of an interior landscape area shall be one hundred fifty (150) square feet for developments with one hundred fifty (150) or fewer parking spaces. Interior islands must be a minimum of seven and one half (7 1/2) feet in width. Trees shall be included in the interior landscape areas at the rate of one (1) tree for every twelve (12) parking spaces. 6. Landscape areas shall be provided between the vehicular use area used for public parking and the general vicinity of the building, excluding truck loading June 26, 2014 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-1500-B 7 or service areas not open to public parking. These areas shall be equal to an equivalent planter strip three (3) feet wide along the vehicular use area. 7. A landscape irrigation system shall be required for developments of one (1) acre or larger. 8. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (June 4, 2014) Mr. Joe White of White-Daters and Associates was present representing the request. Staff presented an overview of the development stating there were outstanding technical issues associated with the request. Staff questioned the location of the vacuum station, ice machine and propane exchange located along University Avenue. Staff also requested the applicant provide the total height and total sign area proposed for ground signage. Staff questioned if there would be an area for outdoor dining on the site. Public Works comments were addressed. Staff stated the sign location on 12 th Street was located within the 50-foot sight triangle of the intersection of 12 th and University Avenue. Staff also stated a grading permit was required prior to any construction on the site. Staff requested Mr. White provide cross access between this lot and the adjoining lots to ensure walkability between the development and the additional proposed parcels. Landscaping comments were addressed. Staff stated a landscape strip was required between the building and paved area. Staff also stated the street buffer along University Avenue appeared to be deficient. Staff noted the comments from the various other agencies. There were no more issues for discussion. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing a number of the issues raised at the June 4, 2014, Subdivision Committee meeting. The revised plan has relocated the vacuum station, ice machine and propane exchange away from the landscape area along South University Avenue, provided the proposed signage plan and stated there is not an area of outdoor dining. June 26, 2014 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-1500-B 8 The revised plan has provided cross access between the proposed lots and indicated the sign will not be located within the 50-foot sight triangle at the intersection of 12 th Street and University Avenue. The revised plan also indicates building landscaping and parking lot landscaping to comply with the minimum ordinance requirements. The request is a rezoning of this property currently zoned I-2, Light Industrial District to Planned Commercial Development to allow the construction of a Murphy USA convenience store with a 3,445 square foot building and a stand-alone fuel canopy. The site plan includes a fuel canopy running parallel to South University Avenue. The plan also includes a location for an ice unit, vacuum station and a propane pad adjacent to the building. Access to the site is from University Avenue and along 12 th Street in the form of a shared driveway looping around the site on the north and west perimeters of this site. The propane pad and ice units have been placed along the sidewalk on the front side of the building and on the southern side of the building. The vacuum unit is located within the landscape area along 12 th Street behind the proposed building setback. The request includes the placement of a fuel canopy with 12-pump islands and 24-fueling stations. The plat indicates the fuel canopy placed at 49-feet from the right of way on University Avenue and 78-feet from the right of way on 12 th Street. The proposed site plan indicates a 40-foot platted building line along the two (2) streets. The site plan indicates the placement of a pylon sign 36-feet in height and 160 square feet in area on both 12 th Street and University Avenue. The signs are proposed at the driveway entrance on each street. The building facades proposed with signage are the southern and eastern facades located with street frontage and the northern façade located on the access drive. The northern and southern facades are proposed with the company name and logo. The front of the store will contain the company name and logo. The canopy signage is proposed along the University Avenue façade of the canopy covering 7.5-percent of the façade area. Canopy signage will also be placed on the north and south facades for visibility from the northern access drive and from 12 th Street on the south. The signage is proposed at 20-percent of the northern and southern facades. The ordinance typically allows a maximum of 10-percent of the façade area to be covered with signage. The general notes section of the site plan states the store will be open 24-hours per day 7-days per week. The hours of garbage collection are limited to 7 am to 6 pm. The dumpster is to be screened with an eight (8) foot opaque screening June 26, 2014 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-1500-B 9 fence. The maximum building height proposed is 35-feet. All site lighting will be low level and directional, directed downward and into the site. The request includes a variance from the typical driveway spacing criteria of the Subdivision and Master Street Plan ordinances. The ordinance states driveways are to be a minimum of 300-feet from intersections. The driveway located on 12 th Street is located approximately 250-feet from the intersection of 12 th Street and University Avenue and the driveway located on University Avenue is located approximately 260-feet from the intersection of 12 th Street and University Avenue. Staff is not supportive of the request. Staff feels the placement of a 24-hour convenience store at this location will cause a significant impact on the area. Recently there has been and continues to be a great deal of effort and financing going into the revitalization of the 12 th Street corridor. The City just recently placed a substantial investment into the reconstruction of the Centre at University Park located two (2) blocks to the west. In addition, this location is in direct proximity to the entrances of the Broadmoor and University Park Neighborhoods. Also located within this general area are properties owned by Elizabeth Mitchell Child Center which provides assistance to the Center for Youth and Families. Located one block to the west on the corner of Cleveland and 12 th Streets is a property owned by the YMCA and provides activities for youth and families. There is a daycare center located on the corner of Cleveland Street and Northmoore Drive. Staff feels the placement of this intense use in an area that provides services to youth and at the primary entrance to two (2) single- family neighborhoods is inappropriate. I. STAFF RECOMMENDATION: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (JUNE 26, 2014) The applicant was present. There were registered objectors present. Staff presented the item with a recommendation of denial. Mr. Wayne Gibson, Murphy USA, addressed the Commission on the merits of the request. He stated the company was based on Eldorado, AR. He stated the Company was a Fortune 500 Company and intended to develop a quality product at this location. He stated the convenience store proposed was the large prototype store. He stated the store was near 3,500 square feet with a stand-alone fuel canopy. He stated the Company wanted a better presence in the Capitol City. He stated currently there was June 26, 2014 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-1500-B 10 one (1) location in Little Rock, on Chenal Parkway. He stated the Chenal location was the simple kiosk type building. He stated the Company currently operated 1,222 sites in 23 states. He stated the Company did not franchise the locations. He stated the sites were monitored from Eldorado. He stated at any given time the employees in Eldorado could log on and look at a site in real time and view gas purchases, employee interaction with customers and activities taking place on the site. Mr. Gibson stated convenience stores did not generate traffic. He stated they only harnessed existing traffic on the roadways. He stated there were 33,000 to 37,000 vehicles per day on University Avenue and 17,000 to 21,000 vehicles per day on 12 th Street. He stated the business only wanted to capture a small amount of the existing traffic. He stated additional presence in the market makes the market more competitive. Mr. Gene Pfeifer stated he dittoed his comments fro m the previous item (Z-1500-A). He addressed the Commission in support. He stated he owned the commercial property located across from this site which was currently being used by Street Cycle Gear. He stated it was difficult to sustain a commercial property across the street from a vacant building and now an empty lot. He stated vacant property was not conducive to businesses in the area. He stated he felt this was a nice project. He stated he felt the proposed buffers would aid the nearby neighborhood by reducing the noise from motorist along South University. He stated he felt the development as proposed was the best use for the property. Ms. Pamela Powell addressed the Commission in opposition of the request. She stated she was not opposed to development but felt the development should be a better fit with the neighborhood. She stated the convenience store was a 24-hour store with 24-gas pumps. She stated with the business being open 24-hours there would be a great deal of traffic in and out of the site, 24-hours per day. She stated 24-hour activity next to a neighborhood was too much. Ms. Sandra Brown addressed the Commission in opposition of the request. She stated she was not opposed to development. She stated she sat on the Pulaski County Planning Commission. She stated the Commission was acting like the neighborhood should accept anything that was proposed as good development because it could be worse. She stated the residents of University Park always had to fight to keep their neighborhood. She stated the area was trying to hold on to the neighborhood. She stated a 24-hour development was not a good fit for a single-family neighborhood. Ms. Eleanor Coleman addressed the Commission in opposition of the request. She stated she was President of the University Park Neighborhood Association. She stated the neighborhood was in support of the residents who were most impacted by the proposed development. She stated the neighborhood was concerned with crime in the June 26, 2014 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-1500-B 11 area and the potential for increased crime with the 24-hour business. She stated this type business typically generated additional crime in an area. She stated the neighborhood would prefer something quiet to locate at this site. Ms. Ruth Bell, League of Women Voters, addressed the Commission in opposition of the request. She stated her concern was the business would be a nuisance, operating 24-hours per day 7-days per week. She stated the store would most likely sell beer. She stated there were a number of youth related activities taking place in the nearby vicinity. She stated the plan included a large amount of signage. She stated typically businesses which included a large amount of signage only caused themselves harm by creating visual clutter. Mr. Gibson addressed the Commission stating it had been determined a 24-hour operation was safer than a closed business. He stated with activity and lighting would be criminals would go somewhere else to conduct their activities. He stated he pulled crime status from the City for the 12 th Street area from Fair Park Boulevard to Rodney Parham Road and there were no incidents with convenience stores from November 2011 to the second week in June 2014. He stated convenience stores had a role and served a large amount of the population that did not want to go into a big box to pick up a convenience type item. There was a general discussion by the Commission as to the proposed use of the property. Commissioner Nunnley stated the streets were principal and minor arterials. He stated there was a freeway located along University Park’s northern boundary. He stated these streets were in place when the neighborhood was developed. He stated the City is growing and with growth comes traffic. The Commission stated the development was located at the intersection of a ma jor arterial. Future development of commercial site is a consideration people should consider when making the purchase of their home. Commissioner Bubbus stated he wanted to clarify a comment that was made by one of the opponents. He stated the Commission did care about residents and felt their role was critical in the decision making process. Commissioner Bubbus stated the Commission and residents did not always agree but the Commission did care about citizens and their concerns. The chair entertained a motion for approval of the item including all staff recommendations and comments except that of denial. The motion carried by a vote of 9 ayes, 1 no and 1 absent. June 26, 2014 ITEM NO.: 5 FILE NO.: Z-4923-Q NAME: Shackleford Crossing Revised Long-form PCD LOCATION: Located at 2600 South Shackleford Road DEVELOPER: Todd Lewellen SiteExcell, LLC 33300 Kanis Road Paron, AR 72122 ENGINEER: Central Arkansas Surveying Inc. 11708 Kanis Road Little Rock, AR 72211 AREA: 98.40 acres NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF CURRENT ZONING: PCD ALLOWED USES: C-2, Shopping Center District and O-2, Office and Institutional District uses PROPOSED ZONING: Revised PCD PROPOSED USE: Add the allowance of a wireless communications tower within a lease parcel located within Lot B of Shackleford Crossing Addition VARIANCE/WAIVERS: None requested. BACKGROUND: The Little Rock Board of Directors adopted Ordinance No. 19,237 on November 23, 2004, approving a Conceptual PCD known as Shackleford Crossing Long-form PCD, which was located at the southwest corner of South Shackleford Road and Interstate 430. The conceptual plan included the north 62 acres being developed with C-2, Shopping Center District permitted uses, the south 20 acres being O-2, Office and Institutional District permitted uses and the middle 15 acres being a transition area where O-2, Office and Institutional District and C-2, Shopping Center District permitted June 26, 2014 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-4923-Q 2 uses would be allowed. The plan also showed four (4) out parcels along the Shackleford Road frontage, with three (3) main entry drives from Shackleford Road. The total project would consist of 1,000,000 square feet of gross building area. Ordinance No. 19,399 adopted by the Little Rock Board of Directors on September 20, 2005, established revisions to the previously approved PCD. The approval defined the site plan for Phase I, the commercial portion of the project and one (1) of the office lots. With the request, a preliminary plat for the subdivision of the site with sixteen (16) lots and out-parcels was also approved. The approved site plan included an area previously excluded containing the Comcast office tract on Shackleford Road and incorporated the area into the overall project plan. Subsequent revisions have allowed for development of the site with hotels, office, retail and restaurant uses. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is now proposing to amend the overall PCD for Shackleford Crossing to allow the placement of a 100-foot tall cellular tower within the parking lot island located west of the JC Penney store. The site plan includes the placement of a 12-foot by 16-foot building to house the equipment. Two (2) additional equipment pad areas are indicated on the site plan to allow for future expansion of providers on the tower. The wireless facility will be screened with an 8-foot screening fence as typically required by Section 36-593, Wireless Communication Facilities - Development Standards. B. EXISTING CONDITIONS: The shopping center has developed with a mix of retail and office uses. Comcast is located within the development and two (2) hotels have been constructed within the office portion of the development. A third hotel has been approved on a lot located on the corner of Shackleford Road and Crossings Court. Along Shackleford Road several restaurants and an express tunnel carwash have been constructed on out-parcels. Other uses in the area include Camp Aldersgate to the east, a vacant property to the southeast approved as a PCD for a mixed use development containing residential, office and retail uses. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents. All property owners located within 200-feet of the site along with the John Barrow Neighborhood Association were notified of the public hearing. June 26, 2014 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-4923-Q 3 D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: No comment. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer service not required for this project. No comment. Entergy: Entergy has no objection to this cell tower site. However, care must be exercised in all construction work as all power lines are buried in this area. Also, it may be difficult to extend single or 3-phase power to this new cell tower because of this reason. Contact Entergy well in advance of construction to work out the details of service. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: No comment received. Fire Department: Approved as submitted. County Planning: No comment. CATA: Bus service at Wal-Mart and Shackleford Crossing Development. Tower should have no impact on bus service. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Building Code: Project is subject to full commercial plan review approval prior to issuance of a building permit. For information on submittal requirements and the review process, contact Mark Alderfer at 501.371.4875; malderfer@littlerock.org . Planning Division: This request is located in the I-430 Planning District. The Land Use Plan shows Mixed Use (MX) for this property. This category provides for a mixture of residential, office and commercial uses to occur. A Planned Zoning District is required if the use is entirely office or commercial or if the use is a mixture of the three. The applicant has applied for a revision to the existing PCD (Planned Commercial District) to add a cellar tower with this development. June 26, 2014 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-4923-Q 4 Master Street Plan: Shackleford Road is shown as a Minor Arterial on the Master Street Plan. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Shackleford Road since it is a Minor Arterial. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes shown in the immediate vicinity. Landscape: 1. Provide calculations to show that the proposed loss of this landscape area does not cause the site to fall below the minimum standards of the landscape ordinance for interior or building landscape areas. 2. Development of the proposed WFC site is to comply with the landscape and screening requirements of Chapter 36, Article XII, Wireless Communication Facilities. 3. The required six (6) foot wide landscape strip on the perimeter of the WCF is to be located within the lease area. As shown, the landscaping is outside of the lease area. Adjust the plan to place the landscaping within the lease area shown or enlarge the lease area. If a variance is requested to allow the landscaping outside the lease area, provide acknowledgement from the property owner clearly stating that they accept this arrangement and the responsibility to perpetually maintain the landscape materials in association with the WCF site. 4. Additional shrubbery is required on the perimeters of the site to meet the requirement of planting with a maximum spacing of forty-eight (48) inches. G. SUBDIVISION COMMITTEE COMMENT: (June 4, 2014) The applicant was not present. Staff presented the item stating there were few outstanding technical issues associated with the request. Staff stated they would work with the applicant to address any questions or concerns prior to the public hearing. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant has submitted a revised site plan addressing the technical issues associated with the request raised during the Subdivision Committee review process. The revised plan indicates the required landscaping with the placement of additional trees and shrubs with the landscape area of the WCF lease area. June 26, 2014 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-4923-Q 5 The applicant has also provided a written confirmation from the property owner stating they will maintain the landscape areas required by the placement of the WCF facility. The request is to amend the overall PCD for Shackleford Crossing to allow the placement of a 100-foot tall cellular tower within the parking lot island located west of the JC Penney store. The site plan includes the placement of a 12-foot by 16-foot building to house the equipment. Two (2) additional equipment pad areas are indicated on the site plan to allow for future expansion of providers on the tower. The wireless facility will be developed in compliance with the typical requirements of Section 36-593, Wireless Communication Facilities - Development Standards. The applicant has provided the calculations to show that the proposed loss of landscape area for the placement of the cellular tower has not caused the site to fall below the minimum stands of the landscape ordinance for interior or building landscape areas. The ordinance typically requires a minimum of 8-percent of the paved areas to be landscaped. According to the calculations provided by the applicant the site will continue to provide 13.42-percent of interior landscaping. The development of the proposed WCF site is to comply with the landscape and screening requirements of Chapter 36, Article XII, Wireless Communication Facilities. The plan as submitted indicates the placement of a perimeter fence a minimum of 8-feet in height. A 6-foot wide landscape strip on the perimeter of the WCF is to be located within the lease area. Additional shrubbery has been indicated on the perimeters of the site to meet the requirement of plantings with a maximum spacing of 48-inches to comply with the typical standards of the zoning ordinance. The plan as submitted indicates the landscaping will be located outside of the cellular providers lease area. The applicant has provided written confirmation from the property owner and a signed lease agreement which state the property owner accepts the responsibility to maintain the landscape materials associated with the WCF site. Staff is supportive of the request. Staff does not feel the placement of the WCF tower on this site as proposed will adversely impact the area. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. June 26, 2014 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-4923-Q 6 PLANNING COMMISSION ACTION: (JUNE 26, 2014) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. June 26, 2014 ITEM NO.: 6 FILE NO.: Z-7607-A NAME: Chateaus on Stagecoach Short-form PCD LOCATION: Located on Stagecoach Road at Chateaus Lane DEVELOPER: Carla Spainhour c/o McGetrick Engineering P. O. Box 30441 Little Rock, AR 72260 ENGINEER: McGetrick Engineering P. O. Box 30441 Little Rock, AR 72260 AREA: 2.4 Acres NUMBER OF LOTS: 2 FT. NEW STREET: 0 LF CURRENT ZONING: PCD - Expired ALLOWED USES: Bank and Fast food restaurant PROPOSED ZONING: PCD PROPOSED USE: Bank and Family Dollar VARIANCE/WAIVERS: None requested. BACKGROUND: Ordinance No. 19,106 adopted by the Little Rock Board of Directors on May 18, 2004, rezoned the site from R-2, Single-family to PCD to create two (2) lots and allow for a mixed use development containing a bank and a fast food restaurant. The lots were approved containing 1.2-acres each. Lot A was proposed with a banking facility with 2,500 square feet of floor area and 22-parking spaces. The maximum building height approved was 25-feet and the hours of operation were from 8:00 am to 7:00 pm six (6) days per week. Lot B was approved with a restaurant with drive-through service containing 4,150 square feet of floor area and 38 parking spaces. The restaurant hours June 26, 2014 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-7607-A 2 were approved from 6:00 am to 12:00 am seven (7) days per week. The development has not occurred and the PCD zoning has expired. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is now proposing to reestablish the PCD zoning and revised the site plan for Lot B. The site plan includes retaining the bank on Lot A continuing to contain 2,500 square feet of floor area and 22-parking spaces. The hours of operation for the bank are proposed from 7 am to 7 pm Monday through Saturday. Lot B is changing from a fast food restaurant to a retail/commercial use. The retail facility is proposed containing 8,320 square feet and 29-parking spaces. The hours of the retail business are from 7 am to 10 pm seven (7) days per week. The height of both buildings will be less than 25-feet. B. EXISTING CONDITIONS: The site is vacant and somewhat level. The site abuts a floodway to the south and vacant single-family zoned property to the north. To the southwest of the site is a multi-family development and a property zoned PD-R which is a primarily built-out single-family patio homes development. The area to the east, across Stagecoach is currently vacant. West and northwest of the site are two single-family subdivisions; Chateaus Subdivision and Bentley Court Subdivision. Other uses in the area include a branch library, office and commercial uses located to the south along Stagecoach Road, Otter Creek Court and Otter Creek Parkway. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents. All property owners located within 200-feet of the site along with Southwest Little Rock United for Progress, the Bentley Court Property Owners Association, the Otter Creek Homeowners Association and the Wedgewood Creek Property Owners Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 2. All driveways shall be concrete aprons per City Ordinance. 3. Remove all driveway curb cuts and aprons not proposed to be used. June 26, 2014 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-7607-A 3 4. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The proposed bank driveway must be located at least 200 feet from the Stagecoach Road right of way line. See staff suggested revision. 5. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site on Lot B. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 6. Stormwater detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan for the bank site. 7. If disturbed area is one (1) or more acres, obtain a NPDES stormwater permit from the Arkansas Department of Environmental Quality prior to the start of construction. 8. A special Grading Permit for Flood Hazard Areas will be required per Section 8-283 prior to construction on Lot B. 9. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. 10. Streetlights are required by Section 31-403 of the Little Rock code of ordinances. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting/certificate of occupancy. Contact Greg Simmons, Traffic Engineering, 501.379.1813; gsimmons@littlerock.org . 11. Due to the floodplain on the property and adjacent to floodplain, the top of finish floor of the proposed structure on Lot B should be elevated to 296-feet or higher and shown on plan. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Detention basis including levee cannot be constructed in the existing sewer easement. Contact Little Rock Wastewater Utility for additional information. Entergy: Entergy dose not object to the plans for these 2 lots. However, developer should be aware that Entergy’s records indicate that single phase underground primary conductors exist on the eastern and southern edges of Lot A. Overhead lines exist on the southern edge of Lot B. Contact Entergy in advance to begin planning for line routing and service needs. Center-Point Energy: No comment received. AT & T: No comment received. June 26, 2014 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-7607-A 4 Central Arkansas Water: 1. All Central Arkansas Water requirements in effect at the time of request for water service must be met. 2. A water main extension will be needed to provide water service to this property. 3. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. 4. 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. 5. 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 Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and the Little Rock Fire Department is required. 6. 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. 7. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. 8. Contact Central Arkansas Water if additional fire protection or metered water service is required. 9. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZA) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water 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 Central Arkansas Water. The test results must be sent to Central Arkansas Water’s Cross Connection Section within ten days of installation and June 26, 2014 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-7607-A 5 annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. 10. The facilities on-site will be private. When meters are planned off private lines. Private facilities shall be installed to Central Arkansas Water’s material and construction specifications and installation will be inspected by an engineer, licensed to practice in the State of Arkansas. Execution of Customer Owned Line agreement is required. 11. Fire sprinkler systems which do not contain additives such as antifreeze shall be isolated with a double detector check valve assembly. If additives are used, a reduced pressure zone backflow preventer shall be required. 12. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: Fire hydrants per code. Maintain access. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: Proposed site directly served by Route #23. Existing bus stop on northwest corner of Stagecoach and Chateaus. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Building Code: Project is subject to full commercial plan review approval prior to issuance of a building permit. For information on submittal requirements and the review process, contact a commercial plans examiner: Curtis Richey at 501.371.4724; crichey@littlerock.org or Mark Alderfer at 501.371.4875; malderfer@littlerock.org . Planning Division: This request is located in the Otter Creek Planning District. The Land Use Plan shows Mixed Use (MX) for this property. This category provides for a mixture of residential, office and commercial uses to occur. A Planned Zoning District is required if the use is entirely office or commercial or if the use is a mixture of the three. The applicant has applied for a rezoning from PCD - Expired (Planned Commercial District) to PCD (Planned Commercial District) to change an expired PCD to a retail use and a bank building along either side of Chateaus Lane. June 26, 2014 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-7607-A 6 Master Street Plan: Stagecoach Road is a Minor Arterial and Chateaus Lane is a Local Street on the Master Street Plan. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Stagecoach Road since it is a Minor Arterial. The primary function of a Local Street is to provide access to adjacent properties. Local Streets that are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. A Collector design standard is used for Commercial Streets. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: Class II Bike Lanes are shown along Stagecoach Road. Class II Bike Lanes provide a portion of the pavement for the sole use of bicycles. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. Screening requirements will need to be met for the vehicular use areas adjacent to street right-of-ways. Provide screening shrubs with an average linear spacing of not less at three (3) feet within the required landscape area. Provide trees with an average linear spacing of not less than thirty (30) feet. 3. A perimeter planting strip is required along any side of a vehicular use area that abuts adjoining property or the right-of-way of any street, highway or freeway. This strip shall be at least nine (9) feet wide. Provide trees with an average linear spacing of not less than thirty (30) feet within the perimeter planting strip. Provide three (3) shrubs or vines for every thirty (30) linear feet of perimeter planting strip. 4. Landscape areas shall be provided between the vehicular use area used for public parking and the general vicinity of the building, excluding truck loading or service areas not open to public parking. These areas shall be equal to an equivalent planter strip three (3) feet wide along the vehicular use area. 5. Eight percent (8%) of the vehicular use area must be designated for green space; this green space needs to be evenly distributed throughout the parking area(s). The minimum size of an interior landscape area shall be one hundred fifty (150) square feet for developments with one hundred fifty (150) or fewer parking spaces. Interior islands must be a minimum seven and one half (7 1/2) feet in width. Trees shall be included in the June 26, 2014 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-7607-A 7 interior landscape areas at the rate of one (1) tree for every twelve (12) parking spaces. 6. A land use buffer will be required when an adjacent property has a dissimilar use of a more restrictive nature. As a component of all land use buffer requirements, opaque screening, whether a fence or other device, a minimum of six (6) feet in height shall be required upon the property line side of the buffer. A minimum of seventy (70) percent of the land use buffer shall be undisturbed. Easements cannot count toward fulfilling this requirement. The plantings, existing and purposed, shall be provided within the Landscape Ordinance of the City, Section 15-81. 7. The property to the west is zoned R-2, Single-family therefore, (6% of the average lot width) a minimum fourteen (14) foot buffer is required on the west property line. The minimum dimension shall be nine (9) feet in all instances. Dumpster enclosure encroaches into buffer area. 8. A landscape irrigation system shall be required for developments of one (1) acre or larger. 9. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (June 4, 2014) Mr. Pat McGetrick and Ms. Carla Spainhour were present representing the request. Staff presented an overview of the development stating there were additional items necessary to complete the review process. Staff requested Mr. McGetrick relocate the dumpster away from the residential homes. Staff also requested information concerning the treatment of the rear of the structure. Staff questioned the hours of dumpster service. Public Works comments were addressed. Staff stated a grading permit was required prior to construction on the site. Staff requested Mr. McGetrick provide the finished floor elevation for the building located on Lot B at a minimum of 296-feet. Staff requested Mr. McGetrick revise the plan to allow the driveway on Lot A to enter the site from Stagecoach Road and remove the driveway entrance nearest the intersection of Chateau and Stagecoach. Landscaping comments were addressed. Staff stated the interior landscaping appeared to be deficient. Staff also stated a small amount of building landscaping was required between the building and paved areas. Staff stated the dumpster as indicated was within the required buffer area along the western perimeter. June 26, 2014 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-7607-A 8 Staff noted the comments from the various other agencies. There were no more issues for discussion. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing a number of the issues raised at the June 4, 2014, Subdivision Committee meeting. The site plan has moved the dumpster pads away from the residential homes to the west and has indicated the hours of dumpster service will be limited to 7 am to 6 pm. The building is proposed as a four (4) sided building with brick on each of the facades. All mechanical equipment will be screened per the minimum zoning ordinance requirements. The driveway on Lot A has been redesigned per staff’s comment. The application request is to reestablish the two (2) lot PCD zoning and revise the site plan for Lot B of this expired PCD zoned site. The site plan includes retaining the bank as previously approved on Lot A. The building is proposed to contain 2,500 square feet of floor area with 22-parking spaces. The maximum building height proposed is 25-feet. The hours of operation for the bank are from 7 am to 7 pm Monday through Saturday. The total lot area for Lot A is 1.20 acres. Signage will comply with typical standards of the zoning ordinance for office zoned property or a maximum of six (6) feet in height and 64-square feet in area. Building signage will be limited to a maximum of 10-percent of the façade area abutting public streets. Lot B is changing from a fast food restaurant to a retail/commercial use. The retail facility is proposed containing 8,320 square feet of gross floor area with 29-parking spaces. The maximum building height proposed is 25-feet. The hours of operation for the retail business are proposed from 7 am to 10 pm seven (7) days per week. The site plan includes the placement of a dumpster along the southwestern portion of the site. A note on the site plan indicates the hours of dumpster service from 7 am to 6 pm. The hours of deliveries for the retail business are limited to 8 am to 5 pm. Staff feels the store hours should be limited to 8 am to 9 pm, daily. The revised cover letter states building signage will be limited to the front façade and meet the typical minimum ordinance requirements of less than ten (10) percent of the façade area. A ground sign is proposed. The sign is proposed not to exceed 36-feet in height and 160-square feet which is the sign area typically allowed in the C-3, General Commercial Zoning District. June 26, 2014 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-7607-A 9 The site plan for Lot B indicates the placement of a screening fence along the western perimeter and the placement of trees and shrubs to soften the impact of the screening fence. Staff feels this treatment should be provided on both lots. Staff recommends the applicant provide the planting of trees and shrubs at one and one-half (1 ½) times the typical ordinance requirement on the western perimeter. A minimum of 50-percent of the plantings should be evergreen type trees and shrubs. Staff feels the additional trees and shrubs will aid lessening the impact to the adjacent homes. The landscape plan as presented appears to not be in compliance with the eight (8) percent minimum interior landscaping requirement. The parking as provided exceeds the typical minimum parking required for a retail development (1-space per 300-gross square feet). The ordinance would typically require the placement of 27-parking spaces. The site plan indicates the placement of 29-parking spaces. Staff feels the number of parking spaces on the site should be reduced to allow for adequate interior landscaping. The residents of the nearby subdivisions have requested the City place a condition on the development of this site as a retail business they not be allowed alcohol sales. Staff feels this is an appropriate condition. In addition the residents request the development provide a cart corral for a centralized location for the placement of shopping carts within the parking lot. Staff feels this is an appropriate request. Staff is supportive of the request. Staff feels the development as proposed is less intense than the previous approval. The hours of operation from the retail store have been reduced from the previous approval and staff feels the hours should be further limited to store hours of 8 am to 9 pm daily. The site is shown as Mixed Use on the City’s Future Land Use Plan. This category allows for residential, office and commercial uses to occur. The plan as presented contains an office component as well as retail. Staff feels the request to reestablish the PCD zoning for this site is appropriate. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends the applicant provide landscaping along the western perimeter of Lots A and B at one and one-half (1 ½) times the typical ordinance requirement for the placement of trees and shrubs within the buffer area. June 26, 2014 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-7607-A 10 Staff recommends the number of parking spaces on the site be reduced to allow for adequate interior landscaping. Staff recommends there be no alcohol sales from this location. Staff recommends the applicant provide a cart corral for the placement of shopping carts within the parking lot of Lot B. Staff recommends the store operational hours be limited to 8 am to 9 pm daily. PLANNING COMMISSION ACTION: (JUNE 26, 2014) The applicant was present. There were a number of registered objectors present. Staff presented the item with a recommendation of approval subject to a number of conditions. Ms. Carla Spainhour addressed the Commission on the merits of the request. She stated the previous approval allowed for two (2) commercial lots. She stated the lots were proposed at the same time the single-family subdivision was approved. She stated the homes had developed but the commercial lots had been for sale for 10-years and no one had made an offer on the lots for development. She stated if there had been a bank or a fast food restaurant come by with an offer the lots would have sold but no one was interested in this location with the exception of recently for Family Dollar. She stated they had read staff’s comments and were in agreement with all the comments with the exception of alcohol sales. She stated Family Dollar did not anticipate selling alcohol at this location but did not want the restriction placed on the site that would not allow the sale. She stated a few of the stores in the northeast were now testing the sale of beer and wine. She stated the store would be a four (4) sided building with brick on all exteriors. She stated the site would include a central location to place the cars. She stated the developers were agreeable and would comply with all staff’s comments and conditions except that of no sale of alcohol from this site. Ms. Christy Walker addressed the Commission in opposition of the request. She stated safety of the children was the primary concern. She stated there was a school bus stop on Stagecoach Road at the entrance to the subdivision. She stated there was a CATA bus stop located on the opposite side of Stagecoach at the same location. She stated the Family Dollar store would only increase traffic in the area. She stated the store hours were from 8 am to 9 pm but there were many times the children were still at the bus stop at 8 am. She stated there were four (4) homes that boarded the property. She stated the placement of a Family Dollar store would impact the property values of these four (4) homes. She stated the subdivision only had one-way in and one-way out. She stated for persons not familiar with the area they would potentially miss the June 26, 2014 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-7607-A 11 entrance to Family Dollar and drive through the neighborhood looking for alternate ways of access. She stated there were apartments located behind the subdivision to the south. She questioned the Commission if they had noticed the red carts from Target on University around the various neighborhoods located in the vicinity of Target. She stated there was an apartment complex located to the north of Target that had a number of shopping carts around it most times. She stated traffic on Stagecoach was heavy. She stated from 3:30 pm to 6:30 pm exiting the subdivision was impossible unless you turned right and went to Otter Creek and made the u-turn to go north and/or east. She provided the Commission with statistics of the target market of Family Dollar and the median income of the 72209 zip code. She questioned Family Dollar’s definition of middle income. She requested the persons in opposition to the Family Dollar to stand in support of denying the request. Lynn Clayton addressed the Commission in opposition of the request. He stated his home was in Otter Creek which was an older established neighborhood which was trying to hold on and maintain. He stated with the development of the Bass Pro and the Outlet Mall development in the area had increased, as well as traffic. He stated it was difficult to balance growth of the City and the impact on the neighborhoods. He stated the area did not need a Family Dollar store. He stated there was a General Dollar store located ½ mile to the north of this site. He stated the use did not fit the balance of the neighborhood. Mr. Joe Eick addressed the Commission in opposition of the request. He stated the development as a Family Dollar was not wanted or needed. He stated the Neighborhood Action Plan for Otter Creek outlined potential uses desired for the area. He stated the uses were to be quiet rural in nature and fit with the neighborhood. He stated the Family Dollar did not fit with the neighborhood. Ms. Pat Oliver addressed the Commission. She stated she had provide the Commission with documentation from the neighborhood and a petition from the neighborhood in opposition of the request. She stated Family Dollar would be an eye sore on the neighborhood. She stated it was difficult for residents to exit the neighborhood and with the Family Dollar and their driveway located near the subdivision entrance it would be difficult for the residents to see to pull out of the subdivision. She stated the entrance to the subdivision was dark and turning into the subdivision was difficult. She stated the subdivision was not gated and she felt with the placement of the Family Dollar at this location would only increase traffic within the subdivision. Ms. Felicia Robinson-Loring addressed the Commission in opposition of the request. She stated she echo Ms. Oliver’s and all the other speakers comments. She stated she had lived in the neighborhood for six (6) months and had purchased the home to be close to her parents. She stated she had lived in West Little Rock and was one of the many post cards the Commission had received when there was a proposed June 26, 2014 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-7607-A 12 convenience store on Rodney Parham and Breckenridge. She stated the Family Dollar was not a fit for the neighborhood. She stated traffic in the area was extremely difficult and turning left out of the subdivision was dangerous. She stated she was concerned with children waiting to catch the bus and the traffic that would be generated from a Family Dollar store. Ms. Pat Gee, Southwest Little Rock United for Progress (SWLRUP), addressed the Commission in opposition of the request. She stated Southwest Little Rock United for Progress was in support of the neighborhood. She stated the neighborhood felt so strongly that the use was not a fit for the area. She stated the sale of alcohol was a concern of Southwest Little Rock United for Progress and the neighborhood. She stated SWLRUP had voted to not support the request. Ms. Ashley Harris addressed the Commission in opposition of the request. She stated she was concerned with the traffic that would be generated from a Family Dollar store. She stated the neighborhood was a safe quiet neighborhood and should remain a single-family neighborhood. Lawrence Krajci addressed the Commission in opposition of the request. He stated there was an on-going Visioning effort for the Otter Creek Neighborhood and the entrances to the neighborhood. He stated it would be best for the Commission to put off acting on the request until after the Visioning process was completed. He stated through the process land use and zoning would be reviewed in addition to aesthetics for development of commercial sites. Chairman Fountain questioned the time frame for the Visioning process. Mr. Krajci stated the winner would be announced in January 2015. The representative for Family Dollar addressed the Commission addressing comments and concerns. He stated Family Dollar did not intend to sell beer at this location and may likely never sell beer at this location but they did want the right to sell beer and/or wine should there become a demand in the future. He stated the store did not offer individual sales of beer. He stated the building would be brick on all four sides. He stated the additional landscaping requested by staff would be installed. He stated the store hours would be limited as requested by staff. He stated the placement of a central cart location was also agreeable. He stated the store would not generate a lot of additional traffic. He stated there was no entrance from Chateaus from the store site. He stated he felt the development was a good fit for the area. Commissioner Nunnley questioned Ms. Walker if she knew the site was a commercial site when she bought her house. She stated she did not realize the site would be a commercial location. She stated she felt the area would develop with something other than a string of dollar stores. June 26, 2014 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-7607-A 13 There was a general discussion by the Commission concerning the location, the use, the area and access to the site. The Commission commented no matter the development traffic would be generated. It was noted there was no access to the commercial site from Chateaus. It was noted once the Bass Pro was built traffic in the area had increased. Ms. Spainhour stated the property had been on the market for over ten (10) years and had not developed. She stated the site was approved as a commercial site as the subdivision preliminary plat was being approved. She stated all of Little Rock was busy from the times the neighborhood had noted it was difficult to exit their subdivision. She stated turning across four (4) lanes of traffic was not safe and Fed Ex required all their drivers to make right turns. She requested the Commission not place the condition on the zoning for no alcohol sales and allow the ABC Board to determine the appropriateness. Commissioner Bubbus stated there were two (2) low income multi-family developments located in this general area. He stated although most could travel to the General Dollar store ½ mile up the street it was more difficult when the person did not have a car and walking on HWY 5 when it was over 100 degrees outside. He stated the CATA bus stop would also allow residents who only had access to public transportation a way to get to the store. The Commission questioned Ms. Spainhour if the commitment to provide a combination of materials on the building was an amendment to the application request. She stated she was amending her application to include the combination of exterior materials to allow the massing of the building to be broken. A motion was made to approve the request including all staff recommendations and comments except that of exclusion of alcohol sales. The motion carried by a vote of 8 ayes, 1 no and 2 absent. June 26, 2014 ITEM NO.: 7 FILE NO.: Z-7723-D NAME: 4624 West 12 th Street Revised Short-form PCD LOCATION: Located at 4624 West 12 th Street DEVELOPER: Rick Evans c/o McGetrick Engineering P. O. Box 30441 Little Rock, AR 72260 ENGINEER: McGetrick Engineering P. O. Box 30441 Little Rock, AR 72260 AREA: 0.50 acres NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF CURRENT ZONING: PCD ALLOWED USES: C-3, General Commercial District and a Church PROPOSED ZONING: Revised PCD PROPOSED USE: Restaurant with parking lot VARIANCE/WAIVERS: A variance to allow a reduction in the right of way dedication on Jefferson Street. BACKGROUND: Ordinance No. 19,181 adopted by the Little Rock Board of Directors on September 21, 2004, established Treadway Short-form PCD. The request included a replat of Lots 1 and 2, Block 30 of the Cunningham’s Addition to the City of Little Rock. Each of the lots contained individual buildings, which were constructed over lot lines. The indicated lots were zoned C-3, General Commercial District which typically required a 100-foot lot width, 14,000 square foot lot area and setbacks of 25-feet front yard, 25-feet rear yard and 15-feet side yard. The proposed plat indicated lot widths of 85-feet and 55-feet, a lot area of 8,500 square feet and 5,500 square feet and reduced front, side and rear yard setbacks. June 26, 2014 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-7723-D 2 A three year deferral of the required street improvements associated with the redevelopment of Lot 2R (the church) was approved. The improvements to Lot 1R were tied to the redevelopment of Lot 1R (the former gas station). An in-lieu contribution based on fifteen (15) percent of the total building addition cost to be paid at the end of the three (3) year deferral was approved. The approved plan indicated the placement of 21 on-site parking spaces shared between the two lots. The proposed uses of the site would include the development of a church on Lot 2R and commercial uses as allowed under the C-3, General Commercial District zoning classification for Lot 1R. The approved site plan did not include the placement of landscaping on the site. Due to the limits of size and setbacks of the site landscaping would be an extreme hardship and reduce the number of parking spaces on the site. A request to revise the previously approved Planned Commercial Development to expand the allowable uses for the site was to be considered by the Commission at their October 26, 2006, public hearing. The applicant proposed to amend the previously approved Planned Commercial Development for Lot 1R to add sales and service and customizing of automotive vehicles as specified by individual clients as an allowable use. Customization was to include installation of stereos and other unique décor; modification of auto parts, both interior and exterior, which would require disassembly and reassembly; installation of decorative parts; and painting murals on vehicles. The applicant later requested the item be withdrawn fro m consideration. The Commission approved this withdrawal request at their October 26, 2006, public hearing. Ordinance No. 19,687 adopted by the Little Rock Board of Directors on February 6, 2007, allowed a revision to the previously approved PCD. The church located on the northern lot proposed to amend the site plan to allow the existing structure to be removed and the construction of a new church. The development did not occur. The building has been removed from the site. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The current request is to revise the site plan for Lot 2R to allow the construction of a parking lot to serve a proposed restaurant with take-out service only on Lot 1R. The existing building contains 1,400 gross square feet of floor area. The parking lot is proposed containing 17-parking spaces. The hours of operation for the restaurant are from 6 am to midnight seven (7) days per week. The dumpster service hours are from 7 am to 6 pm. The site contains an existing billboard which is proposed to remain. The request includes a variance to allow a reduction in the right of way dedication on Jefferson Street. June 26, 2014 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-7723-D 3 B. EXISTING CONDITIONS: The site contains a former gas station building fronting on West 12 th Street and a vacant lot fronting on Jefferson Street. West 12 th Street is a four (4) lane roadway with turn-lanes at intersections. Jefferson Street is a narrow roadway with open ditches for drainage and no sidewalk, curb or gutter in place. To the north of the Jefferson Street lot are single-family homes. Along West 12 th Street are non-residential retail uses. Across West 12 th Street to the south is a multi-family development, Madison Heights. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents. All property owners located within 200-feet of the site along with the Forest Hills and the Hope Neighborhood Associations were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Due to the proposed use of the property, the Master Street Plan specifies that Jefferson Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 2. A 20-foot radial dedication of right-of-way is required at the intersection of Jefferson Street and 12 th Street. 3. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to Jefferson Street including 5-foot sidewalks with the planned development. The new back of curb should be located 15.5-feet from centerline. 4. All driveways shall be concrete aprons per City Ordinance. 5. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. The existing south curb cut on Jefferson Street should be removed. The existing west curb cut on 12 th Street should be removed. 6. Vehicles are not allowed to back out into 12 th Street and Jefferson Street. The driveways on 12 th Street and the south driveway on Jefferson Street should be closed with curb and gutter. Per City of Little Rock code, driveways should be located at least 300-feet from other driveways and intersections on 12 th Street and at least 200-feet on Jefferson Street. June 26, 2014 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-7723-D 4 E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Lot 1R has sewer access south side of 12 th Street. Lot 2R has sewer access in alley to north of property. Contact Little Rock Wastewater Utility for additional information. Entergy: Entergy has no objection to this proposal. Electric service has been provided to this location from the alley behind the building. Use caution when working near existing power lines. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: 1. All Central Arkansas Water requirements in effect at the time of request for water service must be met. 2. A water main extension will be needed to provide water service to this property. 3. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. 4. 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. 5. 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 Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and the Little Rock Fire Department is required. 6. 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. 7. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. June 26, 2014 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-7723-D 5 8. Contact Central Arkansas Water if additional fire protection or metered water service is required. 9. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZA) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water 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 Central Arkansas Water. The test results must be sent to Central Arkansas Water’s Cross Connection Section within ten 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. 10. The facilities on-site will be private. When meters are planned off private lines. Private facilities shall be installed to Central Arkansas Water’s material and construction specifications and installation will be inspected by an engineer, licensed to practice in the State of Arkansas. Execution of Customer Owned Line agreement is required. 11. Fire sprinkler systems which do not contain additives such as antifreeze shall be isolated with a double detector check valve assembly. If additives are used, a reduced pressure zone backflow preventer shall be required. 12. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: Fire hydrants per code. Maintain access. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: Proposed site is directly served by Route #3. Bus stop at 12 th and Adams is in front of property. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Building Code: Project is a change in occupancy and is therefore subject to current building code requirements. Review and approval is required by Building Codes Division before occupancy takes place. For information on submittal June 26, 2014 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-7723-D 6 requirements and the review process, contact a commercial plans examiner: Curtis Richey at 501.371.4724; crichey@littlerock.org or Mark Alderfer at 501.371.4875; malderfer@littlerock.org . Planning Division: This request is located in the I-630 Planning District. The Land Use Plan shows Mixed Use (MX) for this property. The Mixed Use category provides for a mixture of residential, office and commercial uses to occur. A Planned Zoning District is required if the use is entirely office or commercial or if the use is a mixture of the three. The applicant has applied for a rezoning from PCD (Planned Commercial District) to PCD (Planned Commercial District) to change a PCD to a restaurant and parking on this site. Master Street Plan: 12 th Street is a Minor Arterial and Jefferson Street is Local Street on the Master Street Plan. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on 12 th Street since it is a Minor Arterial. The primary function of a Local Street is to provide access to adjacent properties. Local Streets that are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. A Collector design standard is used for Commercial Streets. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class II Bike Lanes are shown along 12 th Street. Bike Lanes provide a portion of the pavement for the sole use of bicycles. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. All vehicular use areas which were in existence prior to the effective date of the Landscape Ordinance may continue as non-conforming until such time a building permit is issued to rehabilitate a structure on the property exceeding (50) percent of current replacement cost of the structure. At such time (50) percent of the existing vehicular use area shall be brought into compliance and shall continue to full compliance on a graduated scale based on the percentage of rehabilitation cost. 3. Screening requirements will need to be met for the vehicular use areas adjacent to street right-of-ways. Provide screening shrubs with an average linear spacing of not less at three (3) feet within the required landscape June 26, 2014 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-7723-D 7 area. Provide trees with an average linear spacing of not less than thirty (30) feet. 4. A perimeter planting strip is required along any side of a vehicular use area that abuts adjoining property. This strip shall be at least nine (9) feet wide. Provide trees with an average linear spacing of not less than thirty (30) feet within the perimeter planting strip. Provide three (3) shrubs or vines for every thirty (30) linear feet of perimeter planting strip. The property is located in the City’s designated mature area. A 25% reduction of the perimeter requirements is acceptable. A 6.75 foot buffer is required on the east property line. 5. Street buffers will be required at six (6) percent of the average depth of the lot. The minimum dimension shall be one-half (½) the full width requirement but in no case less than nine (9) feet. The property is located in the City’s designated mature area. A 25% reduction of the buffer requirements is acceptable. A 6.75 foot buffer is required on Jefferson Street and 12 th Street. Easements cannot count toward fulfilling this requirement. The plantings, existing and purposed, shall be provided within the City’s Landscape Ordinance requirements. 6. Eight percent (8%) of the vehicular use area must be designated for green space; this green space needs to be evenly distributed throughout the parking area(s). The minimum size of an interior landscape area shall be one hundred fifty (150) square feet for developments with one hundred fifty (150) or fewer parking spaces. Interior islands must be a minimum of seven and one half (7 1/2) feet in width. Trees shall be included in the interior landscape areas at the rate of one (1) tree for every twelve (12) parking spaces. 7. An irrigation system shall be required for developments of one (1) acre or larger. 8. For developments of less than one (1) acre a there shall be a water source within seventy-five (75) feet of the plants to be irrigated. 9. All ground-mounted mechanical systems and trash receptacles and pickup shall be oriented away from a primary street side of the property and screened from the public right-of-way. Ground-mounted mechanical systems and trash receptacles shall be placed adjacent to alleys if alleys are available. 10. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. June 26, 2014 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-7723-D 8 G. SUBDIVISION COMMITTEE COMMENT: (June 4, 2014) Mr. Pat McGetrick was present representing the request. Staff presented an overview of the development stating there were a few outstanding technical issues in need of addressing prior to the Commission acting on the request. Staff requested Mr. McGetrick provide the location of any proposed ground and building signage. Staff also requested Mr. McGetrick provide the total sign area proposed for each. Staff requested Mr. McGetrick provide the location of any proposed dumpster facilities to be located on the site. Public Works comments were addressed. Staff stated the drives on 12 th Street should be closed. Staff stated the drive closest to the intersection on Jefferson Street should also be closed. Staff stated street improvements to Jefferson Street were required. Staff also stated a radial dedication of right of way was required at the intersection of Jefferson and West 12 th Streets. Landscaping comments were addressed. Staff stated the street buffer along West 12 th Street and Jefferson Street should be brought into compliance with the minimum standards of the landscape ordinance. Staff stated this would involve removal of existing paving to allow for the planting strip. Staff stated screening was required where the property abutted residentially zoned or used property. Staff noted the comments from the various other agencies. There were no more issues for discussion. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing a number of the issues raised at the June 4, 2014, Subdivision Committee meeting. The revised plan places three (3) parking spaces in front of the building and has removed the driveway entrance on 12 th Street nearest the intersection of 12 th and Jefferson Streets. The plan includes removal of the driveway entrance on Jefferson Street nearest the intersection of 12 th and Jefferson Streets. A new drive is planned which will allow access to two (2) spaces along the western side of the building and the new paved area located on Lot 2R. Lot 2R will contain 12-parking spaces and the dumpster location. The restaurant is proposed as take-out service only. Based on the use of the property with take-out only service the use is considered a retail use which would typically require the placement of five (5) parking spaces. The applicant is requesting to be allowed the placement of the 17-parking spaces to allow for flexibility to add seating in the future. Based on the typical parking required for a restaurant with sit-down service a total of 14-parking spaces would be required. June 26, 2014 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-7723-D 9 The hours of operation for the restaurant are from 6 am to midnight seven (7) days per week. The dumpster service hours are limited to 7 am to 6 pm. The dumpster will be screened to meet the minimum ordinance requirements within the zoning ordinance. All site lighting will be low level, directional and directed downward and into the site. The applicant has indicated signage will comply with the typical standards of the zoning ordinance or a maximum of 36-feet in height and 160-square feet in area. Building signage will be limited to the facades which have public street frontage and be limited to a maximum of ten (10) percent of the façade area. The site contains an existing billboard which is proposed to remain. The applicant is requesting a variance to allow a reduction in the right of way dedication along Jefferson Street. The development is proposed as a commercial development which would typically require a dedication of right of way to 30-feet from centerline. The developer is proposing a right of way dedication of 25-feet from centerline. Staff is supportive of the variance request. Jefferson Street is a residential street. Staff does not support a variance to the radial right of way dedication. Staff feels the 25-foot right of way dedication on Jefferson Street is adequate to serve the area. Staff is supportive of the request. The applicant is requesting to amend the previously approved PCD to remove the previously proposed building construction and place a parking area within the rear yard area. The site plan indicates the new paved areas will be landscaped and screening will be placed along the northern perimeter to comply with the typical ordinance requirements. To staff’s knowledge there are no remaining outstanding technical issues associated with the request. Staff feels the revision to the PCD as proposed is appropriate. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends approval of the variance request to allow a reduced right of way dedication on Jefferson Street but the 20-foot radial dedication at the intersection of 12 th and Jefferson Streets must be provided. June 26, 2014 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-7723-D 10 PLANNING COMMISSION ACTION: (JUNE 26, 2014) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had requested a deferral of this item to the August 7, 2014, public hearing. Staff stated the deferral request was made on June 19, 2014. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. June 26, 2014 ITEM NO.: 8 FILE NO.: Z-8604-A NAME: Talbert Revised Short-form PCD LOCATION: Located at 18601 Kanis Road DEVELOPER: Heike Talbert 1 Etrier Court Little Rock, AR 72223 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 2.192 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: PCD ALLOWED USES: Beauty Salon, Art Studio and Gallery, Antique Shop PROPOSED ZONING: Revised PCD PROPOSED USE: Add additional uses as allowable uses VARIANCE/WAIVERS: None requested. BACKGROUND: Ordinance No. 20,364 adopted by the Little Rock Board of Directors on December 7, 2010, rezoned the site from R-2, Single-family to PCD to allow the reuse of an existing single-family structure as a beauty salon (with 4-stylists), art gallery and antique shop within the former residence located on the site. The approval allowed an existing 28-foot x 28-foot shed to be converted into a studio and allowed the owner to provide art lessons. 23-parking spaces within the rear yard area were proposed to serve the proposed uses of the buildings. June 26, 2014 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-8604-A 2 A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The parking areas have developed and the applicant is using the site for art lessons and as a gallery. The beauty salon has closed. The applicant is requesting to revise the previously approved PCD to add additional alternative uses as allowable uses for the site to allow flexibility in leasing the space. These uses include: Antique shop with repair, Animal kennel/day spa, Amusement commercial inside and outside, Appliance repair, Auction general merchandise, Auto parts and accessories, Auto paint or body rebuilding shop, Auto glass or muffler shop, Auto parts, sales with limited motor vehicle parts installation, Auto rental or leasing (no sales), Auto repair garage, Bakery or confectionery shop, Bank or savings and loan office, Governmental or private recreational uses, including but not limited to golf course, tennis courts, swimming pools, playgrounds, day camps and passive recreational open space, Bottled gas sales and service, Clinic (medical, dental or optical), Day camp, Day nursery or day care center, Day care center adult, Duplication shop, Establishment of religious, charitable or philanthropic organizations, Laboratory, Library, art gallery, museum or similar public use, Office (general and professional), Private school, kindergarten or institution for special education, Plant nursery, School (public or private), School (commercial trade or craft), Secondhand store, used furniture or rummage shop, Shoe repair, Studio (art, music, speech, drama, dance or other artistic endeavors), Storage unit facility, Travel bureau, Single family residence, Two family residences, Animal clinic, Barber and beauty shops, Beverage shop, Book and stationary store, Cabinet or woodwork shop, Carwash, Catering, commercial, Camera shop, Cigar, tobacco or candy store, Clothing store, Community, welfare or health center, Contractor or maintenance yard, Church, Custom sewing and millinery, Duplication shop, Drug store or pharmacy, Eating place without drive-in service, Eating place inside and outside, Event center, Florist shop, Food store, Feed store, Furniture store, Furniture repair store, Group care facility, Glass or glazer, installation, repair and sales, Handicraft, ceramic or glass sculpture or similar art work, or 2-dimensional art work, Hardware or sporting goods store, Hauling and storage company, Health studio or spa, Hobby shop, Home center, Jewelry store, Job printing, lithographer, printing or blueprinting, Key shop, Laundromat or pickup station, Laundry, domestic cleaning, Lawn and garden center, Landscape service, Medical appliance fittings and sales, Mini-warehouse, Multi-family dwellings (per the R-5 district), Nursing home or convalescent home, Office warehouse, Office, showroom warehouse, Office showroom with warehouse (with retail sales, enclosed), Office equipment sales and service, Optical shop, Paint and wallpaper store, Pet shop, Pawnshop, Veterinary clinic, Photography studio, Plumbing, electrical, air conditioning or heating shop, Private club with dining or bar service, Retail shop, Retail uses not listed (enclosed) Retail uses not listed (with outside display), Seasonal and temporary sales, outside, School (business), Small June 26, 2014 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-8604-A 3 engine repair, Studio (broadcasting or recording), Swimming pools sales and supply, Tailor shop, Taxi office, Tool and equipment rental, Truck or trailer rental or leasing (no service, sales or repair), Upholstery shop, furniture, Upholstery shop, auto, Warehouse and wholesaling. B. EXISTING CONDITIONS: The site contains a converted single-family structure and a number of outbuildings and sheds. The previously approved parking area in the rear of the structure has been paved. The building is set back from Kanis Road with a narrow drive extending from Kanis Road. The property to the east is zoned POD and has developed with office uses. There is an existing office building located along the eastern portion of the adjacent site. The property to the west is overgrown and abandoned. There is a church located further west along with a commercial business located on C-3, General Commercial District zoned property nearer the intersection of Kanis and Stewart Roads. North of the site is property zoned C-1, Neighborhood Commercial which is currently being used as a hair salon. Other uses in the area include single-family residences located on large lots or acreage. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received one informational phone call from an area resident. All property owners located within 200-feet of the site were notified of the public hearing. There is not an active neighborhood association located in the area. D. SUBDIVISION COMMITTEE COMMENT: (June 4, 2014) The applicant was not present. Staff presented the item stating there were no outstanding technical issues associated with the request. Staff stated they would work with the applicant to address any questions or concerns prior to the public hearing. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. E. ANALYSIS: There were no outstanding technical issues in need of addressing raised at the June 4, 2014, Subdivision Committee meeting. The applicant is not proposing any site changes only the allowance of additional uses as allowable alternative use for the existing buildings and parking. The applicant has identified a number of potential future uses for the site (as outlined in the proposal section of this write-up). Staff has reviewed the requested uses and is not in support of a number of the uses. A number of the uses indicated on the proposed list are June 26, 2014 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-8604-A 4 intense commercial uses or uses which are located outdoors or have an outdoor component. The property is shown as Residential on the City’s Future Land Use Plan. There are few commercial uses located in the area with an office development to the east and a church located to the west. As noted the current approval allows for a beauty salon with 4-stylists, art studio and gallery and an antique shop. In addition to the existing allowable uses staff is supportive of allowing the following additional uses as allowable alternative uses: Antique shop with repair, Clinic (medical, dental or optical), Day nursery or day care center, Day care center adult, Library, art gallery, museum or similar public use, Office (general and professional), Studio art, music, speech, drama, dance or other artistic endeavors), Travel bureau, Single family residences, Two family residences, Animal clinic (enclosed), Barber and beauty shop (with up to 5-stylist), Book and stationary store, Camera shop, Florist shop, Heath studio or spa, Photography studio, Studio (broadcasting or recording), Tailor shop, Upholstery shop, furniture. Staff feels this limited listing of uses allows the applicant additional opportunities for leasing the space but also protects in the integrity of the neighborhood. Staff does not feel this location is a commercial or retail location. The retail uses staff has supported are typically low volume retail uses and do not appear to generate a significant amount of traffic. Staff is not supportive of the application as filed but is in support of allowing the applicant the additional uses as noted above. F. STAFF RECOMMENDATION: Staff recommends denial of the request as filed. PLANNING COMMISSION ACTION: (JUNE 26, 2014) The applicant was present. There were no registered objectors present. Staff presented the item stating they had worked with the applicant to reduce the list of requested uses. Staff stated in addition to the uses staff was agreeable to listed in the analysis section of the staff agenda write-up they were also agreeable to allowing the use of the building as a small restaurant/café. Staff stated the applicant was required to seek all approvals from the State Health Department for the operation of the restaurant. Staff stated in conjunction with the restaurant the applicant would be allowed to seek a license from the ABC Board for a permit to sell wine and/or beer for on-site consumption. Staff stated the applicant was requesting an area for an outdoor patio which they were also in support of allowing. Staff stated the uses of the building including the outdoor patio were to match the parking available on the site. June 26, 2014 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-8604-A 5 Staff stated to their knowledge there were no remaining outstanding technical issues associated with the request. Staff presented a recommendation of approval of allowing the applicant to add the additional uses as indicated in the analysis section of the agenda – outlined below for clarification – and a restaurant/café. Antique shop with repair, Clinic (medical, dental or optical), Day nursery or day care center, Day care center adult, Library, art gallery, museum or similar public use, Office (general and professional), Studio art, music, speech, drama, dance or other artistic endeavors), Travel bureau, Single family residences, Two family residences, Animal clinic (enclosed), Barber and beauty shop (with up to 5-stylist), Book and stationary store, Camera shop, Florist shop, Heath studio or spa, Photography studio, Studio (broadcasting or recording), Tailor shop, Upholstery shop, furniture. There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. June 26, 2014 ITEM NO.: 9 FILE NO.: Z-8949 NAME: Borne Short-form PD-R LOCATION: Located at 4422 “I” Street DEVELOPER: Robin Borne Architects PA 4422 “I” Street Little Rock, AR 72205 SURVEYOR: Brooks Surveying 20820 Arch Street Pike Hensley, AR 72085 AREA: 0.18 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family ALLOWED USES: Single-family residential PROPOSED ZONING: PD-R PROPOSED USE: Add home occupation within a separate structure on the site – Hillcrest Design Overlay District VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The request is a rezoning from R-2, Single-family to PD-R to allow the use of an existing detached garage as an office for the homeo wner. The upper level of the existing garage will be converted to serve as the homeowner’s architectural office. The lower level will be used as storage for the homeowner. Renovations include removal of the existing wood siding and replacement with new fiber cement board siding to closely match the existing siding. One of the windows on the east and west elevations will be removed and the window on the northern elevation will be enlarged. The door on the west side will be relocated. The June 26, 2014 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-8949 2 interior will be finished space to include the office, a restroom, new electrical, plumbing and HVAC. The proposal includes the addition of a 12-foot by 16-foot screened porch on the west side of the building and the reconstruction of an existing wood deck and the addition of new wood stairs and landing on the northeast entrance to the residence. B. EXISTING CONDITIONS: This area of Hillcrest contains a mixture of residential uses including single-family, single-family with garage apartments, duplex units and multi-unit buildings. There are three (3) new homes located along this properties eastern boundary. ‘I’ Street is a narrow unimproved street. Ash Street is a narrow street and dead ends at the park four (4) houses to the north of this property. There are commercial uses located one (1) block south located along Kavanaugh Boulevard. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents. All property owners located within 200-feet of the site along with the Hillcrest Residents Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: No comment. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: Entergy does not object to this proposal. If there are overhead electrical lines in the area of construction then use caution and contact Entergy if there are any doubts. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: No objection. Fire Department: Fire hydrants per code. Maintain access. Exit sign lights. Contact the Little Rock Fire Department for additional information. June 26, 2014 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-8949 3 County Planning: No comment. CATA: Proposed site is 1/10 mile from Route #1 bus stop at Kavanaugh and Beechwood or Kavanaugh and Walnut. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Building Code: Project is a change in occupancy and is therefore subject to current building code requirements. Review and approval is required by Building Codes Division before occupancy takes place. For information on submittal requirements and the review process, contact a commercial plans examiner: Curtis Richey at 501.371.4724; crichey@littlerock.org or Mark Alderfer at 501.371.4875; malderfer@littlerock.org . Planning Division: This request is located in the Heights/Hillcrest Planning District. The Land Use Plan shows Residential Low Density (RL) for this property. Residential Low Density allows for single family homes at densities not to exceed 6 dwelling units per acre. Such residential development is typically characterized by conventional single family homes, but may also include patio or garden homes and cluster homes, provided that the density remain less than 6 units per acre. The applicant has applied for a rezoning from R-2 (Single Family District) to PDR (Planned District Residential) to allow a home-occupation in an accessory structure on the site. The application is within the Hillcrest Design Overlay District. Master Street Plan: ‘I’ and Ash Streets are shown as a Local Streets on the Master Street Plan. The primary function of a Local Street is to provide access to adjacent properties. Local Streets that are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. A Collector design standard is used for Commercial Streets. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes shown in the immediate vicinity. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (June 4, 2014) The applicant was not present. Staff presented the item stating there were no outstanding technical issues associated with the request. There was no further June 26, 2014 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-8949 4 discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: There were no outstanding technical issues associated with the request in need of addressing raised at the June 4, 2014, Subdivision Committee meeting. The request is a rezoning from R-2, Single-family to PD-R to allow the use of an existing detached garage as an office for the homeo wner. The upper level of the existing garage will be converted to serve as the homeowner’s architectural office. The lower level will be used as storage for the homeowner. Minor modifications will be completed to the garage to allow the garage to serve as the office use. Those renovations include removal of the existing wood siding and replacement with new fiber cement board siding, windows on the east and west elevations will be removed and the window on the northern elevation will be enlarged and the door on the west side will be relocated. The interior modifications will include finished space for the office, including a restroom, new electrical, plumbing and HVAC. A future phase of the renovations include the addition of a 12-foot by 16-foot screened porch on the west side of the building, the reconstruction of an existing wood deck and the addition of new wood stairs and landing on the northeast entrance to the residence. The applicant is proposing signage as allowed in single-family zones. The ordinance typically allows the placement of ground signage in residential zones at a maximum of six (6) feet in height and one (1) square foot in sign area and/or a building mounted sign not to exceed one (1) square foot in sign area. The applicant has stated there will not be any full time employees of the business. He has stated on occasion there may be an intern staff person. The property is located within the Hillcrest Design Overlay District. The Hillcrest Design Overlay District has specific development criteria related to setbacks, lot coverage, floor area ratio and maximum building height. The ordinance states property, if for any reason, that cannot be developed without violating the standards of the DOD shall be reviewed through the planned zoning district section of the zoning ordinance, with the intent to devise a workable development plan which is consistent with the purpose and intent of the overly ordinance. Section 36-253(b.6.a) defines the parameters in which a home occupation is permitted. The ordinance states home occupations shall be permitted that will not involve accessory buildings. The applicant is proposing to not place the home occupation within the primary structure on the site, thus the need for the PD-R zoning request. June 26, 2014 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-8949 5 Staff is supportive of the request. Staff does not feel the rezoning to PD-R to allow the use of an existing detached garage as an architectural office for this homeowner will adversely impact the area. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends the approval for the architectural office be limited to the current property owner and his occupancy of the primary residence and the use as an architectural office not be transferable to a future property owner. PLANNING COMMISSION ACTION: (JUNE 26, 2014) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff presented a recommendation that the approval for the architectural office be limited to the current property owner and his occupancy of the primary residence and the use as an architectural office not be allowed as a transferable use to a future property owner. There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. June 26, 2014 ITEM NO.: 10 FILE NO.: Z-8951 NAME: Vick Short-form PD-R LOCATION: Located at 1510 South Schiller Street DEVELOPER: Michael Vick 1510 South Schiller Street Little Rock, AR 72202 SURVEYOR: Brooks Surveying 20820 Arch Street Pike Hensley, AR 72085 AREA: 0.14 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: R-3, Single-family ALLOWED USES: Single-family residential PROPOSED ZONING: PD-R PROPOSED USE: Single-family, rear yard setback - Central High DOD VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is proposing to rezone the site from R-3, Single-family to PD-R to allow an attached garage to be located within the rear yard setback. The applicant has constructed the attached garage to the existing home located at 1510 South Schiller Street without the proper setback as typically required per the zoning district. For R-3, Single-family zoned property the zoning ordinance typically requires a structure to be located no nearer than 25-feet from the rear property line. The applicant has constructed the garage with a 6-foot rear yard setback. June 26, 2014 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-8951 2 The property is located within the Central High Design Overlay District. The Central High Design Overlay District has specific development criteria related to setbacks, design, orientation, etc. The ordinance states property, if for any reason, that cannot be developed without violating the standards of the DOD shall be reviewed through the planned zoning district section of the zoning ordinance, with the intent to devise a workable development plan which is consistent with the purpose and intent of the overly ordinance. Based on the rear yard setback the applicant must seek the rezoning to allow the encroachment as currently exists. B. EXISTING CONDITIONS: The property is located one block east of the Historic Central High School. Along South Park Street are properties owned by the National Park Service which include the Central High Museum, a gas station which was converted to the information center for Central High, three (3) properties zoned POD (which has expired) that were approved as a cultural resources center, gallery and meeting space for the community, a church and single-family homes. Along South Schiller Street the use is primarily single-family residential. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents. All property owners located within 200-feet of the site along with the Central High Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: No comment. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: Entergy has no objection to this plan. A single phase line to provide service exists in the alley behind the residence. Contact Entergy to work out details for service. Center-Point Energy: No comment received. AT & T: No comment received. June 26, 2014 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-8951 3 Central Arkansas Water: No objection. Fire Department: Maintain access. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: Proposed site is ¼ mile form Route #3 and from Route #16. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Building Code: No comment. Planning Division: This request is located in the Central City Planning District. The Land Use Plan shows Residential Low Density (RL) for this property. Residential Low Density allows for single family homes at densities not to exceed six (6) dwelling units per acre. Such residential development is typically characterized by conventional single family homes, but may also include patio or garden homes and cluster homes, provided that the density remain less than six (6) units per acre. The applicant has applied for a rezoning from R-3 (Single Family District) to PDR (Planned District Residential) to address set-back issues on the site. The application is within the Central High Design Overlay District. Master Street Plan: Schiller Street is shown as a Local Street on the Master Street Plan. The primary function of a Local Street is to provide access to adjacent properties. Local Streets that are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. A Collector design standard is used for Commercial Streets. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes shown in the immediate vicinity. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (June 4, 2014) The applicant was not present. Staff presented the item stating there were no outstanding technical issues associated with the request. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. June 26, 2014 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-8951 4 H. ANALYSIS: There were no outstanding technical issues associated with the request in need of addressing raised at the June 4, 2014, Subdivision Committee meeting. The request is to rezone the site from R-3, Single-family to PD-R to allow an attached garage to be located within the rear yard setback. The applicant has renovated an existing single-family home located at this address and with the renovations has constructed an attached garage to the existing home. The garage has been constructed in the rear yard area of the home without the proper setback as typically required per the zoning district. The applicant has been working with the adjacent church located on South Park Street to buy additional land area to eliminate the rear yard setback encroachment. To date the purchase of the additional property has been unsuccessful. Based on the unsuccessful purchase of the additional land the applicant is requesting the rezoning to allow the rear yard encroachment. The property is located within the Central High Design Overlay District. The Central High Design Overlay District has specific development criteria related to setbacks, design, orientation, etc. All new construction or additions or modifications to existing structures on single-family or two-family zoned land is to be designed to be compatible with the historic nature of the neighborhood. The Overlay defines the specific roof pitch required, allowable construction materials, the orientation of the building along with the entrances location, allowable parking areas, placement of accessory buildings, requirement for the placement of front porches and the placement and location of mechanical equipment. The remodeling has complied with these typical standards of the Central High Design Overlay. The remodeling is not in compliance with the provision of setbacks. The Overlay states the front yard setback for all residentially zoned property is to be 15-feet. All other setbacks must be as prescribed by the property’s zoning district. The ordinance also states attached garages must have garage door openings that face side streets, interior lot lines or alleys. The remodeling complies with this aspect of the Overlay. The rear yard setback within the R-3, Single-family Zoning District typically requires a structure to be located no nearer than 25-feet from the rear property line. The applicant has constructed the garage with a 6-foot rear yard setback. Access to the garage is along a common access easement with the property owner to the north. The Central High DOD states property, if for any reason, that cannot be developed without violating the standards of the DOD shall be reviewed through the planned zoning district section of the zoning ordinance, with the intent to devise a workable development plan which is consistent with the purpose and intent of the overly ordinance. Based on the rear yard setback the applicant must seek the rezoning to allow the encroachment as currently exists. June 26, 2014 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-8951 5 Staff is supportive of the request. Although the encroachment into the rear yard area is a substantial encroachment the garage is located adjacent to property owned by the Blaylock Temple CME Church to the west. The church property is currently vacant and abuts the church’s existing paved parking lot. The property to the south has an existing accessory building within the rear yard area. The property to the north as an attached garage in the rear yard but does comply with the setback requirements of the zoning district. Staff does not feel the encroachment will adversely impact the adjacent properties. To staff’s knowledge there are no remaining outstanding technical issues associated with the request. Staff feels the rezoning to allow the encroachment into the rear yard area of this single-family home is appropriate. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. PLANNING COMMISSION ACTION: (JUNE 26, 2014) The applicant was present. There was one registered objector present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Chairman Fountain explained to Mr. Vick the Commission’s practice was to allow the applicant the option of deferral to a later agenda when there were eight (8) or fewer Commissioners present. Mr. Vick stated he wished to move forward with the item. City Director Erma Hendrix addressed the Commission in support of the request. She stated she was in strong support of the project. She stated this was a young black man giving back to the community and providing a positive image to the neighborhood. Mr. Quincy D. Edwards addressed the Commission in support of the request. He stated his home was adjacent to the home Mr. Vick was rehabilitating. He stated before Mr. Vick purchased the home the home was in disrepair. He stated there were undesirables using the house for illegal activities. He stated he was in full support of the request. Mr. Michael Vick, Sr. addressed the Commission on behalf of his son. He stated Michael Vick, Jr. had taken a number of boarded homes in the area and rehabbed the homes into livable and viable structures. He stated the quality of work and the product June 26, 2014 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-8951 6 produced was above board. He stated he had taken properties that nothing had been done to in a number of years and given homes the people wanting to live in the neighborhood. Ms. Vanessa McKuin, Central High Neighborhood Association, addressed the Commission in opposition. She stated the Neighborhood Association President, Ms. Joyce Matthews, was unable to attend and she was standing in for the Association. She stated Mr. Vick had taken a structure that was in disrepair and rehabbed the property. She stated when the initial work was completed the work Mr. Vick performed caused the house to lose its contributing status to the Central High Historic District. She stated although the neighborhood was opposed to Mr. Vicks current request they were not opposed to his willingness to rehab homes in the area and save them from being demolished. She stated the Central High DOD was put in place to protect the neighborhood and to maintain the integrity of the historic character of the neighborhood. She stated Central High was in danger of losing its historic status from the National Register. Mr. Vick stated he was unaware of the requirements for maintaining the historic character of a residence. He stated he rehabbed homes and he was learning as he went along. He stated he would be asking questions before the next project to make sure all was in compliance before he began construction. There was a general discussion by the Commission on how the garage was constructed and not caught at the time of building permit. Staff stated Mr. Vick was issued a 90-day rehab permit which allowed him to get the house in the dry. Staff stated while under this permit he constructed the garage without staff knowledge or permit review. Staff stated once it was brought to their attention a stop work order was issued until the rear yard setback encroachment could be rectified. The Commission questioned staff as to the setback requirements. Staff stated if the garage was a detached garage with a six (6) foot separation from the house the garage could be constructed to within three (3) feet of the rear property line. There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 8 ayes, 0 noes and 3 absent. June 26, 2014 ITEM NO.: 11 FILE NO.: Z-8952 NAME: Associates Physical Therapy and Pain Short-form PD-O LOCATION: Located at 1601 Aldersgate Road DEVELOPER: Associated Physical Therapy and Pain Management 11900 Kanis Road Suite D-4 Little Rock, AR 72211 SURVEYOR: Brooks Surveying 20820 Arch Street Pike Hensley, AR 72085 AREA: 1.38 acres NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family ALLOWED USES: Single-family residential PROPOSED ZONING: PD-O PROPOSED USE: Physical therapy and clinic VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The request is a rezoning from R-2, Single-family to PD-O to allow the construction of a new 3,500 square foot medical office for an outpatient physical therapy clinic. The development is proposed with a single drive from Aldersgate Road to access a 23-space parking area. The site plan includes an area for future expansion with a similar size building and 14 additional parking spaces. The applicant has indicated the user of the future building would be a medical office user or a general and professional office user. In the short-term the area for the future office building will be sown with native grass and wild flowers. The applicant has indicated the area may be transformed into a grass field for the purpose of rehabilitation drills for agility and proprioception training. If the area June 26, 2014 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-8952 2 becomes an area for outdoor training the existing scrub brush within the area will be removed and minimal leveling performed to prepare the field for use. The request includes the abandonment of a 20-foot alley located within the proposed development area. The alley is a north/south alley between Lots 11 and 12 and Lots 13 and 14 Block 16 of the Hicks Interurban Subdivision. The alley is 10-foot wide and extends from now closed West 16 th Street 100-feet to the applicant’s southern property line. The waste water utility has requested the alley be retained as an easement but has consented to the abandonment of the area as a public right of way. B. EXISTING CONDITIONS: The property contains a two-story structure which appears to be in a declining state of repair. South and southwest of the site are relatively new buildings constructed as office uses including medical office, construction offices, insurance offices and professional office users. There are a number of new single-family homes which have been constructed in the area to the east and southeast of the site along Nichols Road, Wilson Road and Perry Street. There is a property zoned R7-A to the east which contains a manufactured home. North of the site are office uses, a dentist and a medical office. Northwest of the site is a property zoned POD which was approved as a single-family residence and the sale of Persian Rugs. Further north is a property recently rezoned to PD-R to allow the development of multi-family housing. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received one informational phone call from an area property owner. All property owners located within 200-feet of the site along with the John Barrow Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Aldersgate Road is classified on the Master Street Plan as a collector street. A dedication of right-of-way 30-feet from centerline will be required. 2. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to Aldersgate Road including 5-foot sidewalks with the planned development. The new back of curb should be located approximately 15.5-feet from centerline and tie into existing improvements on the north and south. June 26, 2014 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-8952 3 3. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 4. The proposed driveway should be constructed of concrete and no wider than 26-feet. No more than one (1) driveway is allowed by City code. 5. Right of way and street improvement requirements to Perry Street will be reviewed at the time of building permit for the second building. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: Entergy has no objection to this proposal. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: 1. All Central Arkansas Water requirements in effect at the time of request for water service must be met. 2. A water main extension will be needed to provide water service to this property. 3. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. 4. 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. 5. 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 Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and the Little Rock Fire Department is required. June 26, 2014 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-8952 4 6. 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. 7. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. 8. Contact Central Arkansas Water if additional fire protection or metered water service is required. 9. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZA) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water 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 Central Arkansas Water. The test results must be sent to Central Arkansas Water’s Cross Connection Section within ten 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. 10. The facilities on-site will be private. When meters are planned off private lines. Private facilities shall be installed to Central Arkansas Water’s material and construction specifications and installation will be inspected by an engineer, licensed to practice in the State of Arkansas. Execution of Customer Owned Line agreement is required. 11. Fire sprinkler systems which do not contain additives such as antifreeze shall be isolated with a double detector check valve assembly. If additives are used, a reduced pressure zone backflow preventer shall be required. 12. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: Fire hydrants per code. Maintain access. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: Proposed site is ¼ mile form Route #3 bus stop at Kanis and Aldersgate. June 26, 2014 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-8952 5 Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Building Code: Project is a change in occupancy and is therefore subject to current building code requirements. Review and approval is required by Building Codes Division before occupancy takes place. For information on submittal requirements and the review process, contact a commercial plans examiner: Curtis Richey at 501.371.4724; crichey@littlerock.org or Mark Alderfer at 501.371.4875; malderfer@littlerock.org . Planning Division: This request is located in the I-430 Planning District. The Land Use Plan shows Suburban Office (SO) for this property. The Suburban Office category shall provide for low intensity development of office or office parks in close proximity to lower density residential areas to assure compatibility. A Planned Zoning District is required. The applicant has applied for a rezoning from R-2 (Single Family District) to PDO (Planned District Office) to develop a medical related use on the site. Master Street Plan: Aldersgate Road is shown as a Collector on the Master Street Plan. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes shown in the immediate vicinity. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. Street buffers will be required at six (6) percent of the average depth of the lot. The minimum dimension shall be one-half (½) the full width requirement but in no case less than nine (9) feet. A minimum nine (9) foot wide buffer (the minimum width) is required along Aldersgate Road and Perry Street. Easements cannot count toward fulfilling this requirement. The plantings, existing and purposed, shall be provided within the City’s Landscape Ordinance requirements. 3. Screening requirements will need to be met for the vehicular use areas adjacent to street right-of-ways. Provide screening shrubs with an average linear spacing of not less at three (3) feet within the required landscape area. Provide trees with an average linear spacing of not less than thirty (30) feet. June 26, 2014 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-8952 6 4. A perimeter planting strip is required along any side of a vehicular use area that abuts adjoining property. This strip shall be at least nine (9) feet wide. Provide trees with an average linear spacing of not less than thirty (30) feet within the perimeter planting strip. Provide three (3) shrubs or vines for every thirty (30) linear feet of perimeter planting strip. 5. Landscape areas shall be provided between the vehicular use area used for public parking and the general vicinity of the building, excluding truck loading or service areas not open to public parking. These areas shall be equal to an equivalent planter strip three (3) feet wide along the vehicular use area. 6. Eight percent (8%) of the vehicular use area must be designated for green space; this green space needs to be evenly distributed throughout the parking area(s). The minimum size of an interior landscape area shall be one hundred fifty (150) square feet for developments with one hundred fifty (150) or fewer parking spaces. Interior islands must be a minimum seven and one half (7 1/2) feet in width. Trees shall be included in the interior landscape areas at the rate of one (1) tree for every twelve (12) parking spaces. 7. An irrigation system shall be required for developments of one (1) acre or larger. 8. For developments of less than one (1) acre a there shall be a water source within seventy-five (75) feet of the plants to be irrigated. 9. All ground-mounted mechanical systems and trash receptacles and pickup shall be oriented away from a primary street side of the property and screened from the public right-of-way. Ground-mounted mechanical systems and trash receptacles shall be placed adjacent to alleys if alleys are available. 10. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (June 4, 2014) The applicant was present. Staff presented an overview of the development stating there were a number of outstanding technical issues associated with the request. Staff stated the site plan as presently prepared did not allow for adequate circulation on the site. Staff stated in addition the plan included two (2) driveway locations on Aldersgate Road which would not be allowed. Staff questioned the location of the dumpster facility, the location of any proposed signage and details of any proposed fencing. June 26, 2014 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-8952 7 Public Works comments were addressed. Staff stated right of way dedication and boundary street improvements were required with the redevelopment of the site. Staff stated a grading permit was required prior to any construction on the site. Staff also stated the driveway was to be a concrete apron no wider than 26- feet. Landscaping comments were addressed. Staff stated a minimum landscape strip of 9-feet was required around the perimeters of the site. Staff stated a minimum of eight (8) percent of the interior was required to be landscaped with landscape islands of 150 square feet in area. Staff stated screening was required on the perimeters where the development abutted residentially zoned or used property. Staff noted the comments from the various other agencies. There were no more issues for discussion. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan addressing staff’s concerns raised at the June 4, 2014, Subdivision Committee meeting. The request is a rezoning from R-2, Single-family to PD-O to allow the construction of a new 3,500 square foot single story building to be used as a medical office for an outpatient physical therapy clinic. The hours of operation are proposed from 7 am to 6 pm Monday through Friday. The plan provided based on Subdivision Committee comments has reduced the driveways on Aldersgate Road from two (2) to one (1) has provided parking and access drives to provide adequate circulation around the site and indicated the development will not utilize a dumpster. The applicant has indicated signage along the north façade of the proposed building and also on the north façade of the proposed future building. The sign locations are located without public street frontage but are placed on the front façades of the proposed buildings. The applicant has also indicated the development will utilize a ground sign to be shared between the two potential buildings placed within the landscape area on Aldersgate Road. The sign will be a maximum of six (6) in height and seventy-two (72) square feet in area. The development is proposed with a single drive from Aldersgate Road to access a 23-space parking area. The applicant has indicated there will be six (6) employees including three (3) physical therapists and here (3) support staff members. Parking for a medical office facility is typically required at six (6) parking spaces per doctor. Based on six (6) spaces per doctor June 26, 2014 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-8952 8 a total of eighteen (18) parking spaces would typically be required. The parking as indicated is adequate to serve the proposed office use. The site plan includes an area for future expansion with a similar size building and fourteen (14) additional parking spaces. The applicant has indicated the user of the future building would be a medical office user or a general and professional office user. The site plan has not addressed the building setback or street buffer requirement along Aldersgate Road or Perry Street. A minimum building setback of 25-feet from each of the abutting streets is required. The street buffer (landscape strip) should be a minimum of 17-feet on each street. Staff recommends the applicant provide a site plan which complies with the building setback and street buffer requirements. In addition the property to the south is zoned and/or used as residential therefore a 9-foot buffer is required of which 70-percent is to remain undisturbed. The applicant will be required to replant and screen the buffer in this area with the redevelopment of this site. The screening must be provided in the form of a six (6) foot opaque screening fence or with the placement of evergreen plantings a minimum of six (6) feet in height. In the short-term the area for the future office building will be sown with native grass and wild flowers. The applicant has indicated the area may be transformed into a grass field for the purpose of rehabilitation drills for agility and proprioception training. If the area becomes an area for outdoor training the existing scrub brush within the area will be removed and minimal leveling performed to prepare the field for use. The request includes the abandonment of a 20-foot alley located within the proposed development area. The alley is a north/south alley between Lots 11 and 12 and Lots 13 and 14 Block 16 of the Hicks Interurban Subdivision. The alley is 10-foot wide and extends from now closed West 16 th Street 100-feet to the applicant’s southern property line. The alley has not been constructed. The City’s wastewater utility has requested the alley be retained in its entirety as a utility easement but has consented to the abandonment of the area as a public right of way. Public Works has requested the area be retained as a drainage easement. Staff is supportive of the request. The area is shown on the City’s Future Land Use Plan for development as Suburban Office. The Suburban Office category provides for developments of low intensity office or office parks uses in close proximity to lower density residential areas to assure compatibility. Within the general area there are a number of new single-family homes being developed on Junior Deputy Road, Nichols Road, Wilson Road and Perry Street. In addition the Commission has recently recommended approval for rezoning's to PD-R June 26, 2014 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-8952 9 and/or R-4, Two-family to allow the development of duplex housing in the area. Staff feels the office development as proposed is consistent with the development guidelines of the City’s Future Land Use Plan for Suburban Office. Staff feels the rezoning to PD-O to allow the construction of an office building as proposed is appropriate for the site. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends the applicant provide a site plan which complies with the building setback, street buffer and screening requirements of the zoning and landscape ordinances for Aldersgate Road and Perry Street. Staff recommends approval of the easement abandonment request provided the area be retained as a utility and drainage easement. PLANNING COMMISSION ACTION: (JUNE 26, 2014) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff presented a recommendation the applicant provide a site plan which complied with the building setback, street buffer and screening requirements of the zoning and landscape ordinances for Aldersgate Road and Perry Street. Staff also presented a recommendation of approval of the easement abandonment request provided the area be retained as a utility and drainage easement. There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. June 26, 2014 ITEM NO.: 12 FILE NO.: Z-8007-A NAME: Hampton Short-form POD Revocation LOCATION: 1109 and 1111 Welch Street DEVELOPER: Teresa Young 1109 Welch Street Little Rock, AR 72201 SURVEYOR: Brooks Surveying 20820 Arch Street Pike Hensley, AR 72085 AREA: 0.18 acres NUMBER OF LOTS: 2 FT. NEW STREET: 0 LF CURRENT ZONING: POD ALLOWED USES: Hospitality House, Bed and Breakfast PROPOSED ZONING: R-4, Two-family PROPOSED USE: Single-family residential VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: Ordinance No. 19,540 adopted by the Little Rock Board of Directors on June 6, 2006, rezoned this property located at 1109 and 1111 Welch Street from R-4, Two-family District to POD to allow two (2) existing lots to be used as a Hospitality House and associated parking area. The intent was to utilize the house for weddings, special and private events, family reunions, and a special meeting location and when not used as one of these indicated uses, the house would be available as a bed and breakfast. The general business hours of operation approved were from 8:00 am to 5:00 pm Monday through Friday. June 26, 2014 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-8007-A 2 There were four (4) employees of the business including the owner-director, events coordination, secretary and groundskeeper. The owner of the site would also maintain a business office on the site from which he would operate his ministry and counseling service. Parking was proposed of asphalt surface materials and nine parking spaces were approved. A trash dumpster was located on the site adjacent to the rear of the structure. The site plan included a screening fence to be placed around the dumpster. The site plan indicated the placement of landscaping along the perimeters of the site and a landscaped area was located in the rear yard area. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: Per Section 36-454(d) The owner of an approved PD or PUD may, for cause, request repeal of the ordinance establishing the development when it has been determined that the development will not occur. A written request may be filed with the City staff at any time up to three (3) years after the date of adoption of the ordinance creating the PUD or PD. The request shall set forth the cause of the repeal. According to the ordinance, the Planning Commission recommendation on the repeal request shall be forwarded to the Board of Directors for their consideration. The board of directors may grant or deny the request or return the request to the planning commission for further study. If the request is approved, an ordinance shall be adopted repealing the PUD or PD. The property has sold and the current owner is requesting the POD zoning be revoked and the R-4, Two-family Zoning District zoning be restored. B. EXISTING CONDITIONS: The site is a residential structure and is being used as a private residence. The lot proposed for the parking area is yard area and the applicant has begun construction of a gazebo. Within the area there are a number of vacant lots. To the east of the site are single-family homes. W est of the site is the I-630/I-30 Interchange. There are non-conforming businesses located in the area with a sign company located one-half block south of the site. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents. The Hanger Hill Neighborhood Association was notified of the public hearing. June 26, 2014 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-8007-A 3 D. SUBDIVISION COMMITTEE COMMENT: (June 4, 2014) The applicant was not present. Staff presented the item stating the request was a revocation of the previously approved POD zoning. Staff stated there were no outstanding technical issues associated with the request. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. E. STAFF RECOMMENDATION: Staff recommends the current POD zoning classification be revoked and the previously held R-4, Two-family zoning be restored. PLANNING COMMISSION ACTION: (JUNE 26, 2014) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation that the current POD zoning classification be revoked and the previously held R-4, Two-family zoning be restored. There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. June 26, 2014 ITEM NO.: 13 FILE NO.: LA-0060 NAME: South Shackleford Road Advanced Grading Variance LOCATION: East side of S. Shackleford Road across from Clearwater Drive APPLICANT: VHV Partnership APPLICANT’S REPRESENTATIVE: Tim Daters, White-Daters & Associates AREA: Approximately 27 acres CURRENT ZONING: I-1 VARIANCES/WAIVERS REQUESTED: A variance from the Land Alteration Regulations to advance grade by clearing and grading approximately 27 acres. A. PROPOSAL/REQUEST: Applicant is requesting a variance from the Land Alteration Regulations to advance grade by clearing and grading approximately 27 acres on the east side of South Shackleford Road across from the north leg of Clearwater Drive. The variance would allow staff to issue a grading permit for the advance grading activities without imminent construction. The subject property was advanced graded about 15 years ago prior to adoption of the Land Alteration Regulations. All cut and fill material is proposed to remain on the site except for unsuitable fill, estimated not to exceed 20,000 cubic yards, will be hauled off. B. EXISTING CONDITIONS: The 27 acre property was previously cleared and graded about 15 years ago. Since that time, volunteer trees and vegetation have been established. The area requested to be advance graded is zoned I-1. The subject property is located within the Little Rock city limits. East of the subject property are platted single family residential lots in the Timberland Subdivision. Also, east of the subject property is a 29 acre property zoned PD-C. This property fronts Stagecoach Road with a residential structure and pond which is permitted for special events. West of the subject property is South Shackleford Road. Beyond South Shackleford Road are properties zoned I-1 which includes the Little Rock Wastewater Utility campus and other warehouse/office facilities. South of subject property is undeveloped R-2 zoned property. North of the subject property are platted single family residential lots in the Timberland Subdivision and undeveloped I-1 zoned property. June 26, 2014 SUBDIVISION ITEM NO.: 13 (Cont.) FILE NO.: LA-0060 2 C. NEIGHBORHOOD COMMENTS: As of time of writing, staff has not been provided proof of notifications being mailed by the applicant to all adjacent property owners including those across streets and alleys. Staff has notified the John Barrow Neighborhood Association. As of the time of writing, staff has not received telephone inquiries or emails about the application. D. ENGINEERING COMMENTS: 1. Provide more explanation of the staging area. 2. Provide the volume of material to haul off and haul in to the site. 3. Provide the length of time for grading activities. 4. A grading permit in accordance with section 29-186 (c) & (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 5. The application fee has not been received for the variance application. 6. Storm water detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. 7. If disturbed area is 1 or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 8. Damage to public and private property due to hauling operations or operation of construction related equipment from a nearby construction site shall be repaired by the responsible party prior to issuance of a certificate of occupancy. 9. Per Sec. 29-197(2), the grading shall be expeditiously completed in a time frame not to exceed one (1) year in duration from the time work commences to installation of all final erosion control measures and vegetation. 10. Provide visual screening of the completed area by providing undisturbed buffer strips or earthen berms. Per Sec. 29-197(3) provide line of sight illustrations from adjacent street(s) and properties for review by the Planning Commission. The width of the temporary buffer strips shall be 6% of the lot width and depth. The minimum width shall be 50 ft. where the subject property is adjacent to other properties. The minimum width shall be 80 ft. June 26, 2014 SUBDIVISION ITEM NO.: 13 (Cont.) FILE NO.: LA-0060 3 where the subject property is adjacent to arterial streets (Shackleford Road). In no event shall these buffers be less than the width of the permanent buffers required for the development. 11. Construction access points should be shown on the grading plan. A curved or angled road design should be provided to limit the visibility of the interior grading work from adjacent streets. Future access to cleared area should be controlled after grading activities finish and site construction occurs. 12. Provide a sketch grading and drainage plan per Section 29-186 for the entire property showing access points, buffers, and/or berms. 13. Per Sec. 29-197(11), a permanent vegetative cover of suitable perennial grass shall be established over all disturbed areas. Where indicated by soil tests, pH adjustments and addition of fertilizer may be required. 14. Per Sec. 29-197(12), all erosion and stabilization controls, including permanent vegetation and plantings and stormwater detention systems are to be maintained by the responsible part for a period of 2 years following completion of site grading. 15. Per Sec. 29-197(12), periodic mowing, generally two (2) times per year or more often if required by CLR shall be provided to encourage perennial grass growth. 16. Per Sec. 29-197(13), maintenance for the 2 year period shall be guaranteed through posting of cash, surety bond or letter of credit as referenced in Sec. 31-431(2) at the time of final inspection of the grading activities. 17. Per Sec. 29-197(14), all required federal, state, and local permits and approvals shall be obtained prior to commencement of land alteration activities. 18. Public Works staff must be contacted for inspection for final approval of site stabilization prior to acceptance and relinquishment of the maintenance bond. 19. Staked orange fencing must be installed along the open space undisturbed buffer areas during construction to prevent access to these buffer areas. 20. At the completion of the land alteration activities, a minimum six (6) inches of suitable top soil shall be placed over all disturbed areas and permanent vegetative cover established. June 26, 2014 SUBDIVISION ITEM NO.: 13 (Cont.) FILE NO.: LA-0060 4 21. Where is the proposed destination of the material removed from the site? E. PLANNING STAFF COMMENTS: No comments F. SUBDIVISION COMMITTEE: Tim Daters of White-Daters & Associates was present representing the applicant. Staff presented an overview of the variance application. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. G. ANALYSIS: The subject property is approximately 27 acres. The applicant proposes to clear and grade approximately 20 acres. The property was previously cleared and graded about 15 years ago prior to the adoption of the Land Alteration Regulations. Since the original grading occurred volunteer trees and ground cover vegetation have grown. The subject property has a 100 ft. wide open space buffer along the eastern and northern property line. This open space was not cleared at the time of the original clearing and grading. The applicant has notified staff that the fill material original graded was not filled and compacted correctly. The applicant desires to excavate the previous filled material and stage that material in the designated staging area. When the material dries, it will be placed and compacted in the original excavated area. Unsuitable fill which is estimated to not exceed 20,000 cubic yards will be removed from the site. The applicant states the grading project will take between 90 and 120 days. The final grades will match the existing grades. The 100 ft. open space undisturbed buffer will be maintained along the east and north property lines. A 50 ft. undisturbed buffer will be maintained along the south property line. An 80 ft. undisturbed buffer will be maintained along the west property line adjacent to South Shackleford Road. All undisturbed buffer are still in existence and were not originally cleared and graded. The applicant proposes to construct an angled gravel construction entrance south of the north property line off South Shackleford Road. The line of site illustration shows that views of the cleared and graded area will not be visible from South Shackleford Road and adjacent properties. Erosion control devices will be used during grading operations. The property will be graded to sheet flow stormwater and not pond on the property. Maintenance of erosion controls and construction entrances will occur as needed during the grading period. June 26, 2014 SUBDIVISION ITEM NO.: 13 (Cont.) FILE NO.: LA-0060 5 The applicant proposes for all disturbed surfaces to be covered with suitable top soil, fertilized, seeded, and mulched. When vegetation is established, the erosion control devices can be removed. Orange fencing will be installed prior to beginning grading activities along all undisturbed buffers. H. RECOMMENDATION: Staff recommends approval of the advanced grading variance request subject to compliance with the comments and conditions as outlined in paragraph D of the agenda staff report. In addition to paragraph D, the variance request is subject to compliance with the following conditions: 1. Appropriate provisions such as the addition of water or dust retardants shall be utilized to prevent excessive particulate matter from becoming airborne; 2. At the completion of grading activities, access to the site will be obstructed to restrict unpermitted access. PLANNING COMMISSION ACTION: (JUNE 26, 2014) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had failed to provide proper notification of abutting property owner. Staff presented a recommendation of deferral of the item to the July 24, 2014, public hearing. There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. DATE : U(JA L • 4 MEMBER BELT, JENNIFER MARTINEZ BERRY, CRAIG BROCK, TOM BUBBUS, ALAN BYNUM, BUELAH COX, KEITH DILLON, JANET FINNEY, REBECCA FOUNTAIN, KEITH MAY, BILL B. NUNNLEY, OBRAY JR. MEMBER BELT, JENNIFER MARTINEZ BERRY, CRAIG BROCK, TOM BUBBUS, ALAN BYNUM, BUELAH COX, KEITH DILLON, JANET FINNEY, REBECCA FOUNTAIN, KEITH MAY, BILL B. NUNNLEY, O,BRAY JR, PLANNING COMMISSION VOTE RECORD N v' AYE • NAYE ABSENT ABSTAIN R RECUSE Meeting Adjourned P.M. June 26, 2014 There being no further business before the Commission, the meeting was adjourned at 7:03 p.m. 15afe/ Chairman