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HomeMy WebLinkAboutpc_09 04 2014 LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING MINUTE RECORD SEPTEMBER 4, 2014 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present being eight (8) in number. II. Members Present: Jennifer Martinez Belt Craig Berry Alan Bubbus Buelah Bynum Janet Dillon Keith Fountain Bill May Rebecca Finney Members Absent: Tom Brock Keith Cox Obray Nunnley, Jr. City Attorney: Debra Weldon III. Approval of the Minutes of the July 24, 2014 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING SEPTEMBER 4, 2014 4:00 P.M. I. OLD BUSINESS: Item Number: File Number: Title: A. LA-0061 I-430 and Colonel Glenn Advance Grading request, located North of Colonel Glenn Road and East of I-430. B. Z-4386-B Murphy USA Short-form PD-C, located on the Southeast corner of Cantrell and Taylor Loop Roads. II. NEW BUSINESS: Item Number: File Number: Title: 1. G-23-450 West 8th Street, Ringo Street, Cross Street and Alley Right-of-Way Abandonment West of Chester Street and south of West 7th Street 2. Z-8966 Rezoning from R-2 to R-4 2216 Wilson Road 3. Z-3566-A 6001 Baseline Road – Retail Pharmacy – Conditional Use Permit 6001 Baseline Road 4. Z-8967 Bethel A.M.E. Church Daycare – Conditional Use Permit 815 West 16th Street 5. Hillcrest Design Overlay District Amendment to the exceptions section, using Board of Adjustment for some variances. September 4, 2014 ITEM NO.: A FILE NO.: LA-0061 NAME: I-430 and Colonel Glenn Road Advanced Grading Variance LOCATION: NE corner of I-430 and Colonel Glenn Road APPLICANT: I-430 Colonel Glenn Joint Venture APPLICANT’S REPRESENTATIVE: White-Daters & Associates AREA: Approximately 21 acres CURRENT ZONING: O-2 and C-3 VARIANCES/WAIVERS REQUESTED: A variance from the Land Alteration Regulations to advance grade by clearing and grading approximately 21 acres. A. PROPOSAL/REQUEST: Applicant is requesting a variance from the Land Alteration Regulations to advance grade by clearing and grading approximately 21 acres NE of I-430 and Colonel Glenn Road north of the Clear Channel Complex. The variance would allow staff to issue a grading permit for the advance grading activities without imminent construction. The subject property is requested to be advance graded to excavate fill material for the AHTD I-30/I-430 Interchange Project. B. EXISTING CONDITIONS: The 21 acre property is covered with trees and steep slopes. The property is zoned O-2 and C-3. The subject property is located within the Little Rock city limits. The property is accessed from an existing gravel road which intersects Colonel Glenn Road east of the Clear Channel Complex. This road also accesses an existing CAW water tank and cell phone tower(s). East of the subject property are large undeveloped parcels of property zoned MF-18. North of the subject property is an undeveloped parcel zoned O-2. West of the subject property is I-430 and a property owned by Central Arkansas Water with a water tank and cell tower. Beyond I-430 are properties zoned C-2. South of subject property are developed C-2 zoned properties developed as a commercial strip center and the Clear Channel Complex. C. NEIGHBORHOOD COMMENTS: As of the 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 notified the John Barrow Neighborhood Association. As of the time of writing, staff has not received telephone inquiries or emails about the application. September 4, 2014 ITEM NO.: A (Cont.) FILE NO.: LA-0061 2 D. ENGINEERING COMMENTS: 1. 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. 2. Storm water detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. 3. 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. 4. 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. 5. 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. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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. September 4, 2014 ITEM NO.: A (Cont.) FILE NO.: LA-0061 3 11. Per Sec. 29-197(14), all required federal, state, and local permits and approvals shall be obtained prior to commencement of land alteration activities. 12. Public Works staff must be contacted for inspection for final approval of site stabilization prior to acceptance and relinquishment of the maintenance bond. 13. Staked orange fencing must be installed along the open space undisturbed buffer areas during construction to prevent access to these buffer areas. 14. 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. 15. The application fee has not been paid. 16. The site has not been posted in a location visible to the public. 17. The applicant should provide proof of concurrence from Central Arkansas Water and the Cell Tower owners who use the existing road. 18. Provide the total volume of material to be excavated from this site. 19. Does the applicant expect blasting to occur on site during excavation? E. PLANNING STAFF COMMENTS: No comments F. SUBDIVISION COMMITTEE: Joe White 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 applicant did not respond to staff comments. H. PLANNING COMMISSION ACTION: (August 7, 2014) The applicant was present. There were no registered objectors present. Staff presented the item stating due to the applicant not providing responses to the comments raised at the July 16, 2014, Subdivision Committee meeting. Staff presented a recommendation of deferral of the item to the September 4, 2014, public hearing. September 4, 2014 ITEM NO.: A (Cont.) FILE NO.: LA-0061 4 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. I. ANALYSIS: The applicant provided responses to nearly all the comments. The subject property is approximately 63 acres. The property is dense tree covered with steep slopes and rock outcropping. The applicant proposes to clear and grade approximately 21 acres. The cut is proposed to occur in 2 grading areas with the cut ranging from 39 ft to 13 ft in depth. All slopes are proposed to be 3:1 or flatter. 100 ft or greater undisturbed buffers will be maintained around all disturbed areas. 50 ft undisturbed buffers will be maintained along all drainage paths. Stormwater detention facilities will be installed if predevelopment and post development runoff coefficients are not equal. The applicant proposes to excavate approximately 100,000 cubic yards of fill material and haul the material to the AHTD I-30/I-430 Interchange Project. Approximately 6700 dumptruck loads are expected. The dumptrucks will access Colonel Glenn Road from an existing gravel road east of the Clear Channel Complex. The loaded dumptruck route is expected to be Colonel Glenn Road to I-430 and then to the project site. The entire route is maintained by AHTD. The applicant has agreed to comply with all Public Works comments. All application fees have been paid and the site has been posted. The applicant has received approval from Central Arkansas Water, a neighboring property owner, by proposing to maintain continuous access to their property. The applicant has stated blasting may or may not occur to excavate material. In the event blasting is required, the applicant will comply fully with all local, state, and federal regulations. J. RECOMMENDATION: The applicant did not address all Public Works comments, particularly, the applicant did not provide line of sight illustrations from adjacent street(s) and properties. At the time of writing, a recommendation cannot be provided. Prior to the date of the Planning Commission hearing, a recommendation will be provided. PLANNING COMMISSION ACTION: (SEPTEMBER 4, 2014) The applicant was present. There were no objectors present. Staff presented the item and read into the record that a line of sight illustration was provided that showed the disturbed area not visible from Colonel Glenn Road. Staff also compared elevations along I-430 and the disturbed area appeared to not be visible. Staff recommended 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. There was no further discussion. The item was placed on the Consent Agenda and approved by the Planning Commission by a vote of 8 ayes, 0 noes, and 3 absent. September 4, 2014 ITEM NO.: B FILE NO.: Z-4386-B NAME: Murphy USA Short-form PD-C LOCATION: Located on the Southeast corner of Cantrell and Taylor Loop Roads DEVELOPER: Murphy USA 422 North Washington Eldorado, AR 71730 ENGINEER: White-Daters and Associates Attn. Joe White 24 Rahling Circle Little Rock, AR 72223 AREA: 1.8 acres NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family and PD-C ALLOWED USES: Single-family and Branch bank PROPOSED ZONING: PD-C PROPOSED USE: Convenience store with gas pumps VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The property contains 1.8 acres located at the southeast corner of Cantrell Road and Taylor Loop Road. The property is currently zoned R-2, Single-family and PD-C. The property contains several existing residential structures and a One Banc branch. The applicant is requesting variations from the typical development standards of the Highway 10 Design Overlay District. These variations include the minimum lot size requirement and the rear and side yard building setbacks. The site contains 1.8-acres which is less than the 2-acre minimum lot size established by the Highway 10 DOD. The rear of the building is located 25-feet from the southern perimeter of the site which is within the 40-foot rear yard building setback required by the Highway 10 DOD. September 4, 2014 ITEM NO.: B (Cont.) FILE NO.: Z-4386-B 2 The building is proposed containing 3,445 square feet with a stand-alone canopy containing 10-fueling stations. The canopy will run parallel to Cantrell Road with the front of the store facing Cantrell Road to the north. There will be ice units and a propane pad adjacent to the store with a free standing vacuum station adjacent to Taylor Loop Road. Signage is proposed on the canopy of the fueling station on the north, west and eastern facades. The eastern façade is located without public street frontage. Building signage on the store is proposed along the northern and western facades, both having public street frontage. A monument sign is proposed along Cantrell Road with a maximum height of 10-feet and a maximum sign area of 100 square feet. Driveways are proposed along Cantrell and Taylor Loop Roads. The drive on Cantrell Road is located approximately 240-feet from the intersection. The drive on Taylor Loop Road is located 180-feet from the intersection. The Highway 10 DOD states there is a maximum of one (1) curb cut per 300-feet and no curb cut is allowed closer to an intersection than 100-feet. B. EXISTING CONDITIONS: The site contains a single-family house along with a branch bank facility. There is a church located to the east on the corner of Jerry Drive and Cantrell Road. To the west on the corner of Taylor Loop Road and Cantrell Road is a branch bank. North of the site are commercial uses including two (2) strip-retail centers which both have restaurant and commercial uses. Also located to the north is a free standing restaurant user. Other uses in the area along Taylor Loop Road include offices, general and professional, dentistry and a veterinary clinic. Easter Seals Arkansas is located to the west of this site with a driveway extending from Taylor Loop Road to their facility which has Cantrell Road frontage. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents. Staff has also received several e-mails and phone calls in opposition of the request. All property owners located within 200-feet of the site along with the Chenal Ridge Property Owners Association, the Pinnacle Valley Neighborhood Association, the Secluded Hills Property Owners Association, the Tulley Cove Neighborhood Association, the Westbury Neighborhood Association and the Westchester Heatherbrae Property Owners Association were notified of the public hearing. September 4, 2014 ITEM NO.: B (Cont.) FILE NO.: Z-4386-B 3 D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Cantrell Road is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to 55-feet from centerline will be required. 2. Taylor Loop Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45-feet from centerline will be required. Per the Master Street Plan, at an arterial/arterial intersections and additional 10-feet of right-of-way is required to be dedicated for a right turn lane to be constructed in the future. 3. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 4. Sidewalks with appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan to be installed adjacent to Cantrell Road. 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. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 6. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. 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. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. Driveways are required by City code to be spaced 300-feet from other driveways, streets, and intersections and 150-feet from side property lines. A variance must be requested for the proposed driveways. 9. Provide the proposed transport fuel truck route on the site plan. 10. On site striping and signage plans should be forwarded to Public Works, Traffic Engineering for approval with the site development package. 11. 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. 12. To prevent the west driveway from being blocked by waiting vehicles, the ATM should be relocated to the east side of the development. September 4, 2014 ITEM NO.: B (Cont.) FILE NO.: Z-4386-B 4 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) at the intersection of Cantrell Road with Taylor Loop Road. The proposed sign appears to be within the triangle after right-of-way dedications. Final sign location will be approved by Traffic Engineering during the building permit process. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this property. Detention pond and levees cannot be constructed over existing sewer main on site. Contact Little Rock Wastewater Utility for additional information. Entergy: Entergy has single phase electrical distribution facilities extending from west to east across this property in at least 2 locations. Contact Entergy to arrange for relocation or removal as the lot is developed. Contact Entergy, Bernard Neumeier, at 501.954.5158 for additional information. 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. September 4, 2014 ITEM NO.: B (Cont.) FILE NO.: Z-4386-B 5 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 501.377.1226 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: Maintain access. Fire hydrants per code. Canopy height per code, 13 ½-feet. Contact the Little Rock Fire Department for additional information. County Planning: No comment. September 4, 2014 ITEM NO.: B (Cont.) FILE NO.: Z-4386-B 6 CATA: Site is accessible by public transit on Route #25 Express route providing service in early Am and after 4 PM on weekdays only. Out of local service area. 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. All fuel installations are to be permitted with the State of Arkansas. Planning Division: This request is located in the River Mountain 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 R-2 (Single Family District) and PCD (Planned Commercial District) to PCD (Planned Commercial District) to allow for the construction of a convenience store with gas pumps. The application is within the Highway 10 Design Overlay District. Master Street Plan: Cantrell Road is a Principal Arterial and Taylor Loop 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 Cantrell Road and Taylor Loop 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: A Class I Bike Path is shown along Cantrell Road. A Bike Path is to be a paved path physically separate for the use of bicycles. Additional right-of- way or an easement is recommended. Nine-foot paths are recommended to allow for pedestrian use as well (replacing the sidewalk). Class II Bike Lanes are shown along Taylor Loop. Class II Bike Lanes provide a portion of the pavement for the sole use of bicycles. September 4, 2014 ITEM NO.: B (Cont.) FILE NO.: Z-4386-B 7 Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements and the Highway 10 Scenic Corridor Overlay District. 2. The Highway 10 frontage (front yard) shall consist of a minimum of forty (40) feet of landscaped area exclusive of right-of-way. The landscaped area shall contain organic and/or combined man-made/organic features such as berms, brick walls and dense plantings such that vehicular use areas are screened when viewed from an elevation of forty-two (42) inches above the elevation of the adjacent street. Trees shall be planted or be existing at least every twenty (20) feet and have a minimum of two (2) inches in diameter when measured twelve (12) inches from the ground at time of planting. Provide screening shrubs no less than thirty (30) inches in height at installation with an average linear spacing of not less at three (3) feet within the required landscape area. 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 property to the south is zoned R-2, Single-family. The Highway 10 DOD rear yard requirement shall not be less than forty (40) feet. Rear and side yards shall have a landscaped buffer averaging a minimum of twenty-five (25) feet from the property line. Screening and landscape requirements will need to comply. 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. 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. 7. A landscape irrigation system shall be required as per Highway 10 DOD site design and development standards. 8. 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. September 4, 2014 ITEM NO.: B (Cont.) FILE NO.: Z-4386-B 8 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: (July 16, 2014) Mr. Joe White, White-Daters and Associates, was present representing the request. Staff presented an overview of the development stating there were additional items necessary to complete the review process. Staff questioned details for the proposed signage plan, ground and building signage and details of the proposed building construction. Staff also stated they would recommend a berm be placed within the front landscape area even though there were other options for screening. Staff requested any perimeter fencing be placed on the site plan with a note indicating the total height and construction material. Public Works comments were addressed. Staff stated dedication of right of way was required on the abutting streets to comply with the Master Street Plan. Staff stated a right turn lane was required on Taylor Loop Road and a sidewalk was required along Cantrell Road. Staff stated the driveway spacing did not comply with the minimum standards of the subdivision and boundary street ordinances. Staff stated to allow the drives as indicated would require a variance. Staff stated the sign location appeared to be within the sight triangle located at the intersection of Cantrell and Taylor Loop Roads. Landscape comments were addressed. Staff stated the site was located within the Highway 10 DOD which required a 40-foot landscape strip along Cantrell Road. Staff stated they would prefer the applicant include a berm to screen the proposed parking lot area along Cantrell Road. Staff noted a minimum landscape strip averaging 25-feet was required along the eastern and southern perimeters. 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 July 16, 2014, Subdivision Committee meeting. The revised plan has included the proposed signage plan, indicating a berm within the front landscaped area and indicated the proposed perimeter fencing. The revised plan indicates an additional dedication of right of way as requested by Public Works staff and relocated the proposed sign along Cantrell Road outside the sight triangle area. September 4, 2014 ITEM NO.: B (Cont.) FILE NO.: Z-4386-B 9 The applicant is seeking to rezone the site from R-2, Single-family and PD-C to allow the development of this 1.8-acre parcel with a convenience store with gas pumps. The building is proposed containing 3,445 square feet with a stand-alone gas canopy containing 10-fueling stations. The gas canopy will run parallel to Cantrell Road and the front of the store will face Cantrell Road as well. There will be ice units and a propane pad adjacent to the store with a free standing vacuum station adjacent to Taylor Loop Road. Access to the site is from driveways on Cantrell Road and Taylor Loop Road. The site is located within the Highway 10 Design Overlay District which has specific development criteria. Per the site design and development standards of the DOD there is to be a minimum development tract size of not less than two (2) acres. The front yard building setback is to be a minimum of 100-feet along Cantrell Road. The rear yard building setback is to be 40-feet and the side yard setback is to be 30-feet. The DOD outlines the landscaping requirements. The frontage along Highway 10 is to be landscaped within a 40-foot landscape buffer. Side and rear yards are to have a landscape buffer averaging a minimum of twenty-five (25) feet from the property line. Where such yard abuts a public right of way a fifteen foot landscape strip is required adjacent to lands zoned Office or residential. A seven (7) foot landscape buffer is allowed where adjacent to lands zoned commercial. The site plan as submitted indicates the placement of a 40-foot landscape buffer along Cantrell Road. The plan also includes a note stating a berm will be installed within the street buffer area. The site plan includes the placement of a 25-foot average landscape strip along the eastern and southern perimeters of the site. The street buffer along Taylor Loop Road is indicated at 9-feet which complies with the minimum requirements of the landscape ordinance. The building setback along the southern perimeter encroaches into the 40-foot rear yard building set back as typically required by the DOD. The proposed ATM is also located within the 40-foot rear yard building setback of the DOD. The canopy along Cantrell Road appears to encroach into the 100-foot building setback typically required along Cantrell Road. The vacuum unit is located along Taylor Loop Road within the 25-foot setback. The site plan indicates the placement of a monument sign 6-feet in height and 72-square feet in area on both Cantrell and Taylor Loop Roads. The signs are proposed at the driveway entrance on each street. The building facades proposed with signage are the northern and western facades abutting the public streets. The front of the store will contain the company name and logo. The canopy signage is proposed along the Cantrell façade of the canopy covering 7.5-percent of the façade area. Canopy signage will also be placed on the east and west facades for visibility from Cantrell Road on the east (without pubic street frontage) and Taylor Loop Road on the west. The signage is proposed at September 4, 2014 ITEM NO.: B (Cont.) FILE NO.: Z-4386-B 10 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, daily. The dumpster is to be screened with an eight (8) foot opaque screening 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 and the Highway 10 DOD. The Overlay states there is to be one (1) curb cut per 300 feet and no curb cut is allowed closer to an intersection than 100-feet. The driveway located on Taylor Loop Road is located approximately 180-feet from the intersection and the driveway located on Cantrell Road is located approximately 240-feet from the intersection. Staff is not in support of the request. Although the development is proposed at a location indicated on the City’s Future Land Use Plan as commercial and is located at an arterial/arterial intersection staff feels this is not an appropriate location for this use. The use is a 24-hour activity and relies on traffic for survival. Stacking on Cantrell Road at this intersection, to turn left and continue south on Taylor Loop Road, stacks beyond the eastern most strip center located on the north side of Cantrell Road; well beyond the driveway for this development on Cantrell Road. With the driveway on Cantrell Road being a full service intersection staff has concerns with customers exiting the site to travel westbound crossing the stack lane to enter the travel lane. Staff also has concerns with potential access on Taylor Loop Road. Customers accessing the site from southbound Taylor Loop Road will have to cross three (3) lanes of traffic to enter the site. This intersection stacks well beyond the applicant’s proposed driveway on Taylor Loop Road. Staff does not feel this site is appropriate for the development as proposed. I. STAFF RECOMMENDATION: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (AUGUST 7, 2014) The applicant was present. There were registered objectors present. Staff presented the item stating they were requesting a deferral of the item to the September 4, 2014, public hearing. Staff stated the applicant had indicated modifications to their proposed site plan and the application request. Staff stated they needed additional time to review the new information. September 4, 2014 ITEM NO.: B (Cont.) FILE NO.: Z-4386-B 11 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 submitted a revised site plan to staff addressing staff’s concerns related to access to and from the site on Cantrell and Taylor Loop Roads. The revised site plan restricts access to the site prohibiting left turns into the site from Taylor Loop Road and out of the site onto Cantrell Road. The design of the entrances provided separate driveways dedicated to inbound and outbound movements at the access points both on Cantrell and Taylor Loop Roads. A raised island will separate the movements and coupled with a narrower lane width the respective movements will provide directional control. A larger curve radius will support turning movements within the narrower lane. Channelization will be used to improve operations and safety by placing islands that force drivers to enter or exit the location. The site will be allowed left turns out onto Taylor Loop Road and left turns into the site from Cantrell Road. To ensure access to the site functions properly the applicant has agreed to make revisions to the design of the driveways and islands at Cantrell Road and Taylor Loop Road as recommended by the Arkansas Highway and Transportation Department (AHTD) and the City of Little Rock Traffic Engineering Division at the time of building permit application. Staff is supportive of the driveway locations and access to the site as proposed by the applicant. The Highway 10 Design Overlay District states there is to be a maximum, one (1) curb cut per three hundred (300) feet and no curb cut closer to an intersection than one hundred (100) feet. All property within this Overlay District will have requirements of both the underlying and Overlay Zoning District in addition to other ordinance requirements regulating the development of land. In case of conflicting standards between the DOD and other City of Little Rock Ordinances, the Overlay requirements control. The site plan indicates the placement of the drives on Cantrell and Taylor Loops Roads consistent with the typical DOD standard. The revised site plan indicates the placement of a dense evergreen planting along the southeastern portion of the site in the area nearest the homes located on Jerry Drive. Staff feels the placement of the evergreen plantings will aid in reducing any potential impact on these homes from this development. Staff feels the evergreen buffer screen will also aid in lessening the impact of traffic noise on these homes from Cantrell Road. The applicant has reduced the hours of operation for the site. The hours of operation for the convenience store are proposed from 5:00 am to midnight daily. Staff is supportive of the hours of operation proposed. Several nearby businesses operate with extended hours. These include Buffalo Wild Wings which operates from 11:00 am to 1:30 am Monday through Saturday and Sunday 11:00 am to 12:30 am and the nearby September 4, 2014 ITEM NO.: B (Cont.) FILE NO.: Z-4386-B 12 Kroger which operates from 6:00 am to 1:00 am daily. In addition the three (3) Shell locations on Cantrell Road are indicated on their Web sites as 24-hour stores and Burger King lists their hours of operation from 6:00 am to 11:00 pm Monday through Friday and Saturday and Sunday from 6:00 am to 1:00 am. Based on the revision to the site plan and the applicant’s willingness to limit the hours of operation for the business, staff now supports the request. Staff’s initial concern with the development was related to full driveway service and access on both Cantrell and Taylor Loop Roads. By eliminating the left turns in and left turns out on Taylor Loop and Cantrell Roads respectively, staff feels their concerns are mitigated. 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 applicant’s request to allow the placement of signage on the eastern façade of the canopy without public street frontage and staff recommends approval of the request to allow the placement of signage on the eastern and western facades of the canopy with an overall sign coverage of 20-percent of the canopy facade. PLANNING COMMISSION ACTION: (SEPTEMBER 4, 2014) The applicant was present. There were registered objectors present. Staff presented the item stating the applicant had addressed their previously raised concerns and stated they were now in support of the request. Mr. Wayne Gibson, a representative of Murphy USA, addressed the Commission on the merits of the request. He stated he had been with the company for 34+ years and in his current position since 1996. He stated the development of the convenience store would provide 10 to 15-jobs for area residents and the payroll for this store would be $270,000 to $275,000 per year. He stated he felt the new store was economic development for Little Rock. He stated he had met with the neighborhoods on a few occasions and had listened to their concerns and implemented a number of their concerns into the site plan. He stated the store would have photometric lighting which would be low level and would have zero overspill at the property line. He stated there were 12-pumps on-site. He stated the pumps were two (2) sided pumps. He stated this site was not a truck stop. He stated the site was located at a commercial node. He stated traffic at this location on Cantrell Road was 38,000 vehicles per day. He stated traffic to this site was pass-by traffic that the site would not generate new traffic. He stated there were 14,000 vehicles per day on Taylor Loop Road adjacent to the site. He stated convenience stores provided a service to customers who did not want to go into a full grocery store for a few convenience items. He stated the site was located at an arterial/arterial intersection and was identified as a commercial node on the City’s Future Land Use Plan. September 4, 2014 ITEM NO.: B (Cont.) FILE NO.: Z-4386-B 13 Mr. Joe White of White Daters and Associates addressed the Commission on the engineering aspects of the development. He stated his firm had worked with staff to resolve their concerns related to access and buffering. He stated he felt by limiting the movements on Cantrell and Taylor Loop Roads this would allow traffic to flow better both on the site and the abutting streets. He stated the site would include a 42-inch berm along Cantrell Road and the placement of trees as required by the DOD. He stated in addition to the 40-foot landscape strip, the plan included an additional 20-feet of landscaping along Cantrell Road. He stated this site was clearly a commercial node and was identified on the City’s Future Land Use Plan for commercial uses. Ms. Carolyn Giggleman - McDuffy addressed the Commission in support of the request. She stated the land had been in her family for 70-years. She stated when her family moved to the area it was rural but things had changed over the years. She stated all the development in the area was a blessing. She stated before this area developed the residents had to go to Cantrell Road and Kavanaugh Boulevard to buy groceries and necessities. She stated her family did want to sell the land but they felt selling to an Arkansas based company was a win for all concerned. Mr. Patrick Andrews addressed the Commission in opposition of the request. He stated the neighborhood was not opposed to good development which was well planned and respected the neighborhood. He provided the Commission with 370-signatures from a signed petition in opposition of the request. He stated the Commission had also been provided several e-mails and letters in opposition of the request as well. He stated the site plan included a space for 24-cars to fuel at one-time. He stated the concern of the residents was life and safety. He stated the location was a busy State Highway intersecting another arterial road. He stated there were high traffic volumes, high speed of vehicles and numerous access driveways onto Cantrell Road in this area. He stated there were 81-accidents at this location in the last 5-years. He stated there were currently 10-schools within and adjacent to the Highway 10 corridor. He stated many of the travelers in this area were inexperienced student drivers. He stated the center turn lane was striped but did not have an island or divider to direct drivers. He stated the driveway on Jerry Drive and the northern shopping center driveway were offset, in the wrong direction. He stated gas stations and convenience stores were some of the highest traffic generating businesses. He stated the site plan was proposed with more pumps than any other station in the area. He stated left turns into the site from Cantrell Road would be allowed across three (3) lanes of traffic and left turns out onto Taylor Loop Road would also be allowed across three (3) lanes of traffic. He stated this intersection was listed by Seeing Red a recent magazine article as the 14-most accident prone intersection in the City. Mr. Andrews stated based on the proposed site plan there were several exceptions to the Highway 10 DOD. He stated the minimum parcel size requirement was not being met. He stated the rear yard setback was less than the DOD standard. He stated the east side yard and west side yard setbacks were less than typical DOD standard. He stated the vacuum unit was located within the side yard setback on Taylor Loop Road. September 4, 2014 ITEM NO.: B (Cont.) FILE NO.: Z-4386-B 14 He stated the driveway on Cantrell Road did not comply with the minimum standards of the Subdivision and Boundary Street Ordinances. He stated the same was true of the driveway on Taylor Loop Road. He stated the drive-thru ATM did not allow sufficient stacking and the 3rd vehicle accessing the ATM would block the drive on Taylor Loop Road. Mr. Andrews stated the use was an inappropriate at this location due to the high intensity, the high traffic volume, the close proximity to surrounding residential developments and the stark contrast to moderate to low traffic generation of the existing businesses. He stated the Highway 10 DOD was created to protect and enhance the aesthetic and visual character of the lands surrounding Highway 10. He stated the DOD was to create a distinctive parkway atmosphere along Highway 10. He stated the development was in direct conflict with the purposes of the DOD. He stated Murphy USA had a proven track record of creating major eyesores, littered with additional stand-alone kiosks, all covered with advertising. Mr. Greg Williams addressed the Commission in opposition of the request. He stated his family had lived in the area since 1964. He stated the development was too intense for the acreage available. He stated if the site contained the 2-acre minimum as dictated by the DOD then more of the development standards of the DOD could be adhered to. He stated with the fueling stations and the parking spaces available on the site a total of 42-cars could be at this location at one time. He stated this could result in 500-cars per hour. He stated he did not feel the site plan was complying with the minimum eight percent (8%) interior landscaping requirement. He stated traffic would be impacted if the development was approved. He questioned why a traffic impact study was not completed. He stated he felt a traffic study would clarify the impacts on traffic if the development were approved. Mr. Gary Arnold addressed the Commission in opposition. He stated he was Headmaster at Little Rock Christian Academy. He stated the site had limited access. He stated the school employed 226-persons and served 900-families with 1,455-children attending the school. Mr. Ernie Peters of Peters and Associates, the applicant’s traffic engineer, addressed the Commission with clarification on a few items presented. He stated a traffic study was completed for the site. He stated the study was performed to determine the impact of this development on traffic in the area and to determine if limiting the access to the site would hinder the success of the commercial business. He stated there was little to no impact on traffic traveling by the site. He stated most of the traffic to the site was pass-by traffic. Mr. Peters stated sixty-two (62) percent of the traffic in the am and fifty-six (56) percent of the traffic in the pm peak was pass-by traffic. He stated this development added 77-vehicles during the am peak and 119-vehicles in the pm peak. He stated it was determined by the traffic study there would be no impact on the proposed development by limiting access to the site. He stated the drives were located September 4, 2014 ITEM NO.: B (Cont.) FILE NO.: Z-4386-B 15 300-feet from the intersection. He stated the center left turn lane on Taylor Loop Road was a “good” off-set and not a “bad” off-set. He stated based on the off-set there would not be turning conflicts as existed at Jerry Drive on Cantrell Road turning into the shopping center located on the north side of Cantrell Road. He stated AHTD had plans for improvements to the intersection of Cantrell and Taylor Loop Roads and the City was considering timing improvements to the signal which would improve operations at this intersection. Chairman Fountain noted for the record there were twenty-four (24) additional cards in opposition who were not given the opportunity to speak due to the Commission’s 20-minute time limit for each side presenting. Staff stated there were a number of site within this general area which were approved as Planned Developments due to their size, setbacks or landscaping which did not comply with the development standards of the DOD. Staff stated if the development did not fully comply with the DOD then a Planned Development was the relief. Staff stated the site contained 1.8-acres, had the 100-foot building setback and the 40-foot landscape strip along Cantrell Road. Staff stated although all areas of the DOD were important elements they typically required development to maintain the building setback and the landscaping and seldom supported variations from these development standards. Staff stated this area of Highway 10 was no longer rural. Staff stated the DOD did not require berms but the development was installing a berm in addition to twenty (20) additional feet of landscaping. Staff stated limiting access to the site, in their opinion, created a workable plan for the site. Mr. Gibson stated they had worked with staff to limit their concerns and to try to come into compliance with as many aspects of the DOD as allowable and still allow the development of the site. He stated the nature of the business was traffic. He stated the convenience store would not create any additional traffic but harness the existing traffic on the abutting streets. He stated he felt a 10,000 square foot center with restaurants and retail would generate more traffic than this development and at times would be more inconvenient to the neighborhood than the convenience store. There was a general discussion by the Commission concerning the development, traffic, resident’s concerns and the number of stations and fueling centers in the general area. Commissioner Berry stated he felt this development was in-fill development. He stated commercial development followed roof-tops. He stated there was a delinquent balance between diversity and intensity and diversification. Chairman Fountain questioned Mr. Peters as to the number of fueling center in this area. Mr. Peter stated in five and one-half (5 ½) miles, I-630 to Wal-mart, there were six (6) fueling centers. It was stated of the six (6) fueling centers three (3) were on the north side of Cantrell Road and three (3) were on the south side of Cantrell Road. September 4, 2014 ITEM NO.: B (Cont.) FILE NO.: Z-4386-B 16 Once again there was a general discussion by the Commissioners concerning the type use and the location for convenience stores. It was noted this type use looked to high traffic volume intersections. The Commission noted the location was an arterial/arterial intersection and the site was indicated on the City’s Future Land Use Plan as commercial. Commissioner Bubbus stated it was important for the Commission to provide consistency and fairness to all in the community. A motion was made to approve the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. The motion carried by a vote of 8 ayes, 0 noes, and 3 absent. September 4, 2014 ITEM NO.: 1 FILE NO.: G-23-450 Name: West 8th Street, Ringo Street, Cross Street and Alley – Right-of-Way Abandonment Location: West of Chester Street and South of West 7th Street Owner/Applicant: Various Owners/Metropolitan Emergency Medical Services (MEMS) Request: To abandon that portion of West 8th Street right-of- way located between the I-630 west on-ramp and Cross Street, the south 140 feet of Ringo Street right-of-way located between Blocks 263 and 289, Original City of little Rock, the south 38 feet of Cross Street right-of-way located between Blocks 289 and 306, Original City of Little Rock, and the west half of the 20 foot wide alley right-of-way located within Block 289, Original City of Little Rock. Purpose: To fence for security purposes. STAFF REVIEW: A. Public Need for this Right-of-Way: As noted in paragraph G., none of the utility companies object to the abandonment request. Several of the utilities request to retain the entire area of abandonment as a utility easement. The Public Works Comment is as follows: 1. Easements are required to be maintained for all storm water drainage areas. 2. Vehicle turnarounds will not be required at the south ends of the Cross Street and Ringo Street right-of-ways. Security fencing and gates will be installed at the south ends of the Cross Street and Ringo Street right-of-ways. The applicant has agreed to install a call box and system of procedures to allow vehicles that cannot turnaround to pass those vehicles thru the applicants’ property when warranted. B. Master Street Plan: There are no Master Street Plan issues associated with this abandonment request, as the rights-of-way are not classified as collector streets or higher. September 4, 2014 ITEM NO.: 1 (Cont.) FILE NO.: G-23-450 2 C. Characteristics of Right-of-Way Terrain: The West 8th Street, Ringo Street and Cross Street right-of-way are currently paved with curbs, gutter and sidewalks. The alley right-of-way is currently paved. D. Development Potential: The abandonment is requested in order to fence the adjacent Metropolitan Emergency Medical Services (MEMS) properties for safety of personnel and equipment. E. Neighborhood and Land Use Effect: Existing MEMS facilities are located on the north and south sides of West 8th Street between Chester Street and Cross Street. Mixed uses are located further north and to the east and west. Interstate 630 is located to the south. F. Neighborhood Position: The Downtown Neighborhood Association was notified of the abandonment request. As of this writing, staff knows of no objectors to the abandonment request. G. Effect on Public Services or Utilities: Wastewater: No objection to abandonment. Retain rights-of-way as utility easements. Entergy: No objection to abandonments. Entergy must retain an easement for its facilities currently contained within the boundaries along 8th Street from the I-630 W on-ramp to Cross Street, a portion each of Cross Street and Ringo Street running north from 8th, and the West portion of the Alley in Block 289 of the Original City of Little Rock. The electrical facilities along 8th Street and Cross Streets are part of the system which provides service to a large part of the downtown Little Rock area with switching mechanisms contained within the boundaries as well. Entergy must have 24 hour access to its facilities within the defined boundaries of the ROW abandonment areas. If these areas are gated then access is hindered for on-going maintenance, restoration and improvement purposes. Vehicular access will be required periodically depending on the nature of the required work. If some type of barrier is used to limit vehicular access, then it should be removable/” openable” by Entergy’s employees or their designees so that work can be performed. September 4, 2014 ITEM NO.: 1 (Cont.) FILE NO.: G-23-450 3 Center-Point Energy: CenterPoint Energy (CNP) has no objection to the proposed abandonment of street right-of-way on 8th, Cross, and Ringo Streets in Little Rock, AR as shown on the document provided to CNP on July 29th, 2014. However, CNP requests that a twenty foot (20’) utility easement be maintained within the proposed ROW being abandoned since we own and operate facilities within. CNP also requests access to these facilities be granted to CNP and contractors at our discretion. AT & T(SBC): There are existing telephone facilities in all areas where city ROW is to be abandoned. ATT will approve the proposed ROW abandonment shown in the attached file on the condition that all existing telephone facilities in the proposed ROW abandonment will be retained as existing utility easements. Central Arkansas Water: No Objection to abandonment. Retain rights-of-way as easements for existing facilities. H. Reversionary Rights: The rights-of-way are located within the Original City of Little Rock. Information submitted by an abstract company notes that there were no reversionary clauses/rights found of record. Based on the fact that the rights-of-way are within the Original City of Little Rock, the City will retain ownership of the area after abandonment. The applicant must follow the established procedure to purchase the property from the City after abandonment. The applicant has been provided a copy of the procedure. I. Public Welfare and Safety Issues: Abandoning these rights-of-way will have no adverse impact on the public welfare and safety. The Little Rock Fire Department has reviewed and approved the abandonment request. SUBDIVISION COMMITTEE COMMENT: (AUGUST 13, 2014) Aaron Scott, of Cromwell Architects and Engineers, was present, representing the application. Staff briefly described the proposed abandonment, noting that there were no outstanding issues, other than submittal of signatures of remaining abutting property owners. The proposed abandonment was briefl y discussed, with Public Works and Utility Comments noted After the discussion, the Committee forwarded the application to the full Commission for resolution. September 4, 2014 ITEM NO.: 1 (Cont.) FILE NO.: G-23-450 4 STAFF RECOMMENDATION: Staff recommends approval of the request to abandon that portion of West 8th Street right-of-way located between the I-630 west on-ramp and Cross Street, the south 140 feet of Ringo Street right-of-way located between Blocks 263 and 289, Original City of Little Rock, the south 38 feet of Cross Street right-of-way located between Blocks 289 and 306, Original City of Little Rock, and the west half of the 20 foot wide alley right-of- way located within Block 289, Original City of Little Rock, subject to the entire area of abandonment being retained as a utility and drainage easement. PLANNING COMMISSION ACTION: (SEPTEMBER 4, 2014) Staff noted that this application needed to be deferred to the October 16, 2014 agenda, due to the fact that the applicant needed to submit additional signatures of consent from abutting property owners. The item was placed on the Consent Agenda for deferral to the October 16, 2014 agenda. The Consent Agenda was approved by a vote of 8 ayes, 0 nays and 3 absent. The application was deferred. September 4, 2014 ITEM NO.: 2 FILE NO.: Z-8966 Owner: Nichols and Dimes, LLC Applicant: Kenny Whitfield Location: 2216 Wilson Road Area: 0.2417 Acre (1.5 lots) Request: Rezone from R-2 to R-4 Purpose: To construct one (1) duplex Existing Use: Undeveloped lot SURROUNDING LAND USE AND ZONING North – Single family residences and vacant lots; zoned R-2 South – Single family residences (including mobile homes); zoned R-2 East – Single family residences (including mobile homes) and old commercial garage structure; zoned R-2 West – Single family residences and vacant lots; zoned R-2 A. PUBLIC WORKS COMMENTS: 1. Wilson Road is classified on the Master Street Plan as a residential street. A dedication right-of-way 25 feet from centerline will be required. 2. Show proposed driveway location and width. B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a CATA bus route. Route #3 (Baptist Medical Center Route) runs along Kanis Road to the north. C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site and the John Barrow, Twin Lakes and Twin Lakes “B” Neighborhood Associations were notified of the public hearing. September 4, 2014 ITEM NO.: 2 (Cont.) FILE NO.: Z-8966 2 D. LAND USE ELEMENT: This request is located in the 1-430 Planning District. The Land Use Plan shows Residential Low Density (RL) for this property. Residential Low Density is for single-family homes at densities no greater than six dwelling units per acre. The applicant has applied for a rezoning from R-2 (Single-Family Residential) to R-4 (Residential Two-family District) to allow for the construction of a duplex on this site. Master Street Plan: Wilson Road is shown as 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. E. STAFF ANALYSIS: Nichols and Dimes, LLC, owner of the 0.2417 acre property located at 2216 Wilson Road, is requesting to rezone the property from “R-2” Single Family District to “R-4” Two-Family District. The rezoning is proposed to allow the construction of one (1) duplex structure on the site. The property is comprised of 1.5 platted lots. The site is currently undeveloped and mostly grass covered. The property slopes upward slightly from front to back. Single family residences and vacant lots are located north and west of the subject property. Several duplex structures are located further north, between West 20th and West 22nd Streets. Single family residences, including older mobile home structures, are located to the south and east. An old commercial garage structure is located across Wilson Road to the east. A towing business, zoned PD-C, is located to the southeast. The City’s Future Land Use Plan designates this property as Residential Low Density. The requested R-4 zoning does not require an amendment to the plan. September 4, 2014 ITEM NO.: 2 (Cont.) FILE NO.: Z-8966 3 Staff is supportive of the requested R-4 rezoning. Staff views the request as reasonable. The lot is comprised of 1.5 platted single family lots. A duplex structure will only be a minor increase (0.5 residential unit) in the original platted density. New duplex structures have been recently developed within this neighborhood, at the northeast corner of Wilson Road and West 22nd Street and at the southwest corner of Nichols Road and West 20th Street. Staff believes the applicant’s plan to construct one (1) new duplex will be a quality, in-fill type, development for this general area south of West 18th Street. Staff believes rezoning this property to R-4 will have no adverse impact on the adjacent properties or the general area. F. STAFF RECOMMENDATION: Staff recommends approval of the requested R-4 rezoning. PLANNING COMMISSION ACTION: (SEPTEMBER 4, 2014) Kenny Whitfield was present, representing the application. There was one (1) objector present. Staff presented the application with a recommendation of approval. Kenny Whitfield addressed the Commission in support of the application. He asked to hear from the objector first. Sabreana Hyche addressed the Commission in opposition to the application. She noted that she lived next door to the subject property. She explained that the existing duplexes in the neighborhood had a high turnover rate of residents. Mr. Whitfield noted that he had two (2) new duplex structures in the neighborhood. He stated that he had one (1) year leases for these duplex units. There was a motion to approve the requested R-4 zoning. The motion passed by a vote of 8 ayes, 0 nays and 3 absent. The R-4 rezoning was approved. September 4, 2014 ITEM NO.: 3 FILE NO.: Z-3566-A NAME: 6001 Baseline Road Retail Pharmacy – Conditional Use Permit LOCATION: 6001 Baseline Road OWNER/APPLICANT: Various Property Owners/Boos Development Group PROPOSAL: A conditional use permit is requested to allow for redevelopment of these C-4 and C-3 zoned properties for a retail pharmacy. 1. SITE LOCATION: The property is located at the southwest corner of Baseline and Geyer Springs Roads and is currently occupied by a convenience store with gas pumps and an automobile parts store. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an area containing a variety of commercial uses on various commercially zoned properties. Multiple – business, commercial shopping centers occupy all four corner of the Baseline/Geyer Springs intersection. The proposed redevelopment of this commercial corner with a new retail use is compatible with the neighborhood. Notice of the public hearing was sent to the SWLR United for Progress, Cloverdale, Windamere and Allendale Neighborhood Associations and all owners of properties located within 200 feet of the site. 3. ON SITE DRIVES AND PARKING: The new development is proposed to have a single driveway onto Geyer Springs Road and one onto Baseline Road. The driveways will provide access, through cross access easements, to the other properties in the overall development. The proposed 13,225 square foot retail pharmacy building requires 44 parking spaces. A proposed medical clinic component requires an additional 6 spaces. A new 90 space parking lot is proposed. 4. SCREENING AND BUFFERS: Site plan must comply with the City’s landscape and buffer ordinance requirements. September 4, 2014 ITEM NO.: 3 (Cont.) FILE NO.: Z-3566-A 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 no less than three (3) feet within the required landscape area. Provide trees with an average linear spacing of no less than thirty (30) feet. 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. 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. One (1) tree and four (4) shrubs will be required in the building landscape areas for each forty (40) linear feet of vehicular use area abutting the building. 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. A landscape irrigation system shall be required for developments of one (1) acre or larger. 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. Geyer Springs Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. 2. Baseline Road is classified on the Master Street Plan as a principal arterial with special design standards. Dedication of right-of-way to 45 feet from centerline will be required. At arterial/arterial intersections, an additional 10 feet of right-of-way, measured from the centerline of the September 4, 2014 ITEM NO.: 3 (Cont.) FILE NO.: Z-3566-A 3 right-of-way for a right turn lane. This additional right-of-way shall be the length of the property frontage starting at the proposed driveway to the intersecting right-of-way. At such intersections, the intersecting right-of- way lines shall normally have a radius of 75 feet 3. Provide design of street conforming to the Master Street Plan. Baseline Road does not have a right turn lane as shown on site plan. At time of building permit, construct a right turn lane on Baseline Road with planned development. The right turn lane will start at the new driveway. Construct new 5 foot sidewalk along Baseline Road with the back of sidewalk at the property line. Any questions concerning the right turn lane design, contact Nat Banihatti, Traffic Engineering at 501-379-1818. 4. At time of building permit, repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 5. Obtain permits for improvements within State Highway right-of-way (Baseline Road) from AHTD, District VI. 6. 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. 7. Driveway locations do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. Driveway spacing on an arterial street is 300 feet from intersections and other driveways and 150 feet from the side property line. The north and south driveway locations must seek variances from City code. 8. At time of building permit, the proposed driveway radiuses should be no larger than 15 feet. 9. Coordinate design of traffic signal upgrade with proposed street improvements. Plans to be forwarded to Traffic Engineering for approval. Contact Nat Banihatti, Traffic Engineering, at 501-379-1818 for assistance. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. Entergy: No objection to this proposal. Contact Entergy for service to this new building as plans develop. Center-Point Energy: No comment received. AT & T(SBC): No comment received. September 4, 2014 ITEM NO.: 3 (Cont.) FILE NO.: Z-3566-A 4 Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. A water main extension will be needed to provide water service to this property. 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. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer's expense. Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. 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. 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. Contact Central Arkansas Water regarding the size and location of the water meter. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW's Cross Connection Section within ten 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. September 4, 2014 ITEM NO.: 3 (Cont.) FILE NO.: Z-3566-A 5 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. 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. 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 hydrant per code, maintain access, maintain 26 ft. width at hydrant/FDC. Contact Fire Marshall’s office with questions. 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. County Planning: No Comments. CATA: The site is located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (AUGUST 13, 2014) The applicants were present. Staff presented the item and noted there was additional information needed regarding specifics of the proposed development. Staff noted numerous areas in which more information was needed. Staff requested a copy of the current bill of assurance and noted the proposal would result in the need to replat the property. Staff noted the abandonment of any easements would require Board of Directors’ approval but relocation of easements could be handled through the replat. Public Works Comments, Landscape Comments and Other Agency Comments were noted and discussed. The applicants were encouraged to submit a plan which complied with the provisions of the landscape ordinance. There was a brief discussion of areas in which changes could be made to accomplish that. The applicants were asked to make changes to the plan to comply with Public Works Comments. September 4, 2014 ITEM NO.: 3 (Cont.) FILE NO.: Z-3566-A 6 The applicants were directed to submit responses to staff issues by August 20, 2014. The Committee then forwarded the item to the full Commission. STAFF ANALYSIS: A conditional use permit is requested to allow for the construction of a new retail pharmacy store on a C-3 and C-4 zoned, 1.84± tract located at the southwest corner of Geyer Springs Road and Baseline Road. The development site consists of two tracts and a portion of a third. The two tracts currently contain a convenience store with gas pumps and an auto parts store. The third tract, of which only a small portion will be used, contains a parking lot and a vacant grocery store building. The properties will have to be replatted prior to submittal for a building permit. The new development consists of a 13,225 square feet building and a 90 space parking lot. Multiple driveways on Geyer Springs and Baseline will be reworked into only a single driveway on each street frontage. The one-story building will have a height of 18 feet with a parapet extending up to a height of 20 feet. The building will have an exterior finish on all four sides of split-faced block and EIFS. The building will be located in the southwest ¼ of the tract and the parking will be located between the building and the abutting streets. A drive-through pick-up window for the pharmacy will be located on the rear of the building. Signage is proposed to consist of a single ground-mounted sign at the intersection, wall signs on the facades of the building facing the streets and directional signage. The signage will comply with that allowed in commercial zones. The dumpster area is located at the rear of the building and the dumpster screen will be constructed of the same material as the building façade. Days and hours of operation are proposed as 24 hours a day, seven days a week. To staff’s knowledge, there are no outstanding issues. The applicant submitted responses and a revised site plan in response to issues raised at Subdivision Committee. The bill of assurance submitted for the existing properties does not address use issues. Staff believes the proposed new development will have a positive impact on the area. STAFF RECOMMENDATION: Staff recommends approval of the requested CUP subject to compliance with the following conditions: 1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. September 4, 2014 ITEM NO.: 3 (Cont.) FILE NO.: Z-3566-A 7 2. All site lighting is to be low-level and directional, shielded downward and into the site. 3. The properties must be replatted, including relocation of the cross access easements, prior to issuance of a building permit. Staff recommends approval of a variance from Sections 30-43 and 31-210 to allow the driveway locations as proposed. PLANNING COMMISSION ACTION: (SEPTEMBER 4, 2014) The applicant’s representatives were present. There were two persons present from SWLRUP with concerns. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation” above. Dana Carney, of the Planning Staff, informed the Commission that SWLRUP had proposed three additional conditions that they wanted placed on the CUP approval. Mr. Carney stated the applicant’s representatives had agreed to the additional conditions. He stated staff would add those additional conditions to the staff recommendation of approval. He then read the additional conditions as follow: 1. No products or merchandise can be sold outside the store that is not sold inside. 2. Any products or merchandise that is sold outside the store shall be by an on duty employee. 3. There shall be no 18-wheelers parked on this property that do not have a bill of lading for this store. Mr. Carney explained that the first two conditions related to ongoing concerns by the neighborhood about transient sales/peddlers on the property and the last condition was related to ongoing concerns about lots being used for overnight 18-wheeler parking. There was no further discussion. As part of the consent agenda, a motion was made to approve the application, including all staff comments and conditions. The motion was approved by a vote of 8 ayes, 0 noes and 3 absent. September 4, 2014 ITEM NO.: 4 FILE NO.: Z-8967 NAME: Bethel A.M.E. Church Day Care – Conditional Use Permit LOCATION: 815 West 16th Street OWNER/APPLICANT: Bethel A.M.E. Church PROPOSAL: A conditional use permit is requested to allow this existing church to add a day care center. The property is zoned R-4. 1. SITE LOCATION: The church occupies the block bounded by State, Izard and West 16th Streets and Wright Avenue. 2. COMPATIBILITY WITH NEIGHBORHOOD: The church is located in an area containing numerous institutional uses; including other churches, a library, a community center, two schools and a college campus. Various types of residential uses are also located in the larger neighborhood around the site. The church is not proposing to add new facilities. The day care will utilize existing church building and parking. The addition of the day care will not affect the church’s compatibility with the neighborhood. Notice of the public hearing was sent to all owners of properties located within 200 feet of the site and the Downtown Neighborhood Association. 3. ON SITE DRIVES AND PARKING: The site contains a 37-space paved parking lot with access off of State Street. The day care will utilize portions of the education building and fellowship hall. Parking for drop-off and pick-up will take place in the existing parking lot, with easy access to the areas being used for the day care. The day care is proposed to have a maximum enrollment of 50 children, with 15 employees; requiring 20 parking spaces. The existing parking is sufficient to accommodate the day care. 4. SCREENING AND BUFFERS: No Comments. September 4, 2014 ITEM NO.: 4 (Cont.) FILE NO.: Z-8967 2 5. PUBLIC WORKS COMMENTS: 1. A 20 feet radial dedication of right-of-way is required at the intersection of W. 16th St. and State St. 2. A 20 feet radial dedication of right-of-way is required at the intersection of State St. and Wright Avenue Bypass. 3. A 20 feet radial dedication of right-of-way is required at the intersection of Wright Avenue Bypass and Izard St. 4. A 20 feet radial dedication of right-of-way is required at the intersection of Izard St. and W. 16th St. 5. Obtain a franchise agreement from Public Works (Bennie Nicolo, 371-4818) for the private improvements located in the new right-of-way required to be dedicated. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. Entergy: No objection to this proposal. Center-Point Energy: No comment received. AT & T(SBC): No comment received. Central Arkansas Water: No Objection. Fire Department: Maintain access, Fire hydrant per code. 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. County Planning: No Comments. CATA: The site is located on a CATA bus route. September 4, 2014 ITEM NO.: 4 (Cont.) FILE NO.: Z-8967 3 SUBDIVISION COMMITTEE COMMENT: (AUGUST 13, 2014) The applicant was not present. Staff stated they would visit with the applicant subsequent to the Committee meeting. Staff noted additional information was needed regarding specifics of the proposed day care use; including numbers of students and employees, days and hours of operation, drop-off/pick-up area, signage and playground location. Public Works Comments and other agency comments were noted. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: Bethel A.M.E. Church occupies the block bounded by State Street, Izard Street, West 16th Street and Wright Avenue. The church building (sanctuary, education building and fellowship hall) is located on the north half of the block. A 37-space paved parking lot is located on the SE ¼ of the block. The SW ¼ of the block contains a grassy lawn and a vacant, one-story residential building. The church is requesting approval of a conditional use permit to allow for the addition of a day care center operation. The day care will be located in the church’s education building and fellowship hall. The day care is to have a maximum enrollment of 50 children, with 15 employees. Days and hours of operation are proposed as Monday through Friday, 7:30 a.m. – 6:00 p.m. The church has an existing sign on the Wright Avenue side of the property that will be shared with the day care. The playground area will be located in a portion of the grassy lawn area. A chain link fence will be installed around the playground, if required by the state licensing authority. To staff’s knowledge, there are no outstanding issues. Allowing the church to add a Monday through Friday day care operation should have no effect on nearby properties and seems to staff to be an appropriate addition to the church’s activities. The plat/bill of assurance for the Original City does not address use issues. STAFF RECOMMENDATION: Staff recommends approval of the requested CUP subject to compliance with the comments and conditions outlined in Sections 5 and 6 of the agenda staff report. September 4, 2014 ITEM NO.: 4 (Cont.) FILE NO.: Z-8967 4 PLANNING COMMISSION ACTION: (SEPTEMBER 4, 2014) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation” above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff by a vote of 8 ayes, 0 noes and 3 absent. September 4, 2014 ITEM NO.: 5 Name: Hillcrest Design Overlay District Revision Location: An area generally bounded by Markham, University Markham Street, University Avenue, “L” Street, the north ravine of Allsopp Park, Cantrell Road and Woodrow Street. Request: Revise the Design Overlay District for the area Source: Staff, Hillcrest Residents Association, and the Hillcrest Merchants Association This revision of the Hillcrest Design Overlay District (DOD), originally approved by the Board of Directors in 2007 and amended in 2010, is primarily to clarify the variance process for items that do not conform to the Hillcrest Design Overlay District and/or do not conform to the underlying zoning. This amendment changes the requirement to use the Planned Zoning District process for all requests not in conformance with the Design Overlay District or the base zoning, such that only requests not in conformance with the Design Overlay District (DOD) must use the Planned Zoning District process. That is, any request in conformance with the DOD but not in conformance with the base zoning would use the variance process (Board of Adjustment) as in any other section of Little Rock. In the paragraph below that is labeled “Old Language”, the word ‘article” is proposed to be change to ‘Hillcrest Design Overlay District”. The word article refers to all of the zoning districts in the city, not just to the Design Overlay District. Currently, all items from fences, accessory dwellings, and side and rear yard setback, etc. are required to go to the Planning Commission even though they are compliant with the Hillcrest Design Overlay District. The second sentence in the new language clarifies that all items that are compliant with the Design Overlay District, but are not compliant with the underlying base zoning, will go to the Board of Adjustment for review. The underlined text reflects the changes. According to our survey of the past files since the inception of the ordinance in 2007, approximately 30% of the Planned Zoning Developments could have been reviewed through the Board of Adjustment process if this change had been in place. OLD LANGUAGE: Sec. 36-434.16 Exceptions. Property, if for any reason, that cannot be developed without violating the standards of this article shall be reviewed through the planned zoning district (PZD) section of the zoning ordinance, with the intent to devise a workable development plan which is consistent with the purpose and intent of the overlay standards. September 4, 2014 ITEM NO.: 5 (Cont.) HILLCREST DESIGN OVERLAY DISTRICT REVISION 2 NEW LANGUAGE: Sec. 36-434.16 Exceptions. Property, if for any reason, that cannot be developed without violating the standards of the Hillcrest Design Overlay District shall be reviewed through the planned zoning district (PZD) section of the zoning ordinance, with the intent to devise a workable development plan which is consistent with the purpose and intent of the overlay standards. All variances to the underlying zoning requirements shall be reviewed as per Article II, Division 2 Board of Zoning Adjustment. Staff met with the President of the Hillcrest Residents Association (HRA) and another member prior to the writing of this staff report for their review. Based upon that response, Staff decided to proceed with the revision. Staff also contacted the Hillcrest Merchants Association and the HRA members that edited the ordinance in 2010. Staff has not received any emails or phone calls on the proposed change. STAFF RECOMMENDATION: Staff recommends approval of the proposed changes. PLANNING COMMISSION ACTION: (SEPTEMBER 4, 2014) This item was placed on the Consent Agenda for approval. There was a motion to approve the Consent Agenda. The motion passed by a vote of 8 ayes, 0 nays and 3 absent. DATE d�. PLANNING COMMIssIaN VOTE RECORD %' "l; i ,"' 161:1611.14- mmmUmmmmmRlvvlmm'mmmm BELT, JENNIFER MARTINEZ MOMMW ,Fmm COX, KEITH DILLON, JANET FINNEY, REBECCA FUNTAIN, KEITH MEMBER BELT, JENNIFER MARTINEZ BERRY, CRAIG BR©CK, TOM BUBBUS, ALAN BYNUM, BUELAH COX, KEITH DILLON, JANET FINNEY, REBECCA FOUNTAIN, KEITH MAY, BILL B, NUNNLEY, 08RAYJR. Meeting Adjourned P.M. —AYE ° NAYS 4 ABSENT ABSTAIN RECUSE September 4, 2+14 There being no further business before the Commission, the meeting was adjourned at 5;19 p.m. Date f C airman