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HomeMy WebLinkAboutpc_03 29 2012sub LITTLE ROCK PLANNING COMMISSION SUBDIVISION HEARING SUMMARY AND MINUTE RECORD MARCH 29, 2012 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: Tom Brock William Changose Janet Dillon J. T. Ferstl Rebecca Finney Keith Fountain Troy Laha Obray Nunnley, Jr. Amy Pierce Bill Rector Members Absent: Dan Harpool City Attorney: Cindy Dawson III. Approval of the Minutes of the February 16, 2012 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION SUBDIVISION AGENDA MARCH 29, 2012 OLD BUSINESS: Item Number: File Number: Title: A. Z-8728 Worsham Short-form PCD, located at 910 East 9th Street. B. Amendment to Chapter 29 of the Code of Ordinances to allow a variance to be issued by the Planning Commission for clearing and grading without imminent construction. C. Z-7131-C Vallon Long-form PD-R, located on the West side of Chenal Valley Drive in the 16500 Block between Chenal Heights Drive and LaMarche Drive. D. Z-8117-A 15924 Cantrell Road Short-form PD-O, located at 15924 Cantrell Road. NEW BUSINESS: I. PRELIMINARY PLAT: Item Number: File Number: Title: 1. S-1607-C James Morgan Subdivision Preliminary/Final Plat, located in the 10000 Block of East Barrett Road. II. SITE PLAN REVIEW: Item Number: File Number: Title: 2. Z-3371-MM The Shoppe’s at Colonel Glenn Lots 1A and 1B Zoning Site Plan Review, located on the Northwest corner of Colonel Glenn Road and Colonel Glenn Plaza Drive. Agenda, Page Two III. PLANNED DEVELOPMENTS: Item Number: File Number: Title: 3. Z-1870-A Kingridge Enterprises Short-form POD, located at 2501 South Broadway. 4. Z-5738-B Pyramid Park Short-form POD, located at 11300 Financial Center Parkway. 5. Z-6194-D Dale’s Tire Short-form PID and Final Plat for Lot 1 Dale’s Tire Subdivision, located at 7919 Colonel Glenn Road. 6. Z-6848-B Tract A Pleasant Tree Addition Revised Short-form PD-R, located in the 1500 Block of Pickering Drive. 7. Z-8750 Mulligan Short-form PD-R, located at 3233 Ozark Street. 8. Z-8751 Mosaic Church of Central Arkansas Long-form PCD, located at 6221 Colonel Glenn Road. 9. Z-8752 Chenal Kanis Storage Long-form PCD, located at 15575 Kanis Road. 10. Z-8753 Ludwig Place Apartments Short-form PD-R, located on the Southeast corner of Raymond Savage Drive (41st Street) and Ludwig Street. IV. OTHER ITEMS: Item Number: File Number: Title: 11. Z-3371-NN Lot 1 the Village at Brodie Creek Short-form PCD Revocation, located on the Northwest corner of Colonel Glenn Road and Colonel Glenn Plaza Drive. 12. LA-0042 Wildwood Ridge Addition Land Alteration Variance Request, located west of Gordon Road and South of Chenal Valley Drive. March 29, 2012 ITEM NO.: A FILE NO.: Z-8728 NAME: Worsham Short-form PCD LOCATION: Located at 910 East 9th Street DEVELOPER: Melvin Worsham P.O. Box 774 Little Rock, AR 72203 SURVEYOR: Laha Engineers 6602 Baseline Road, Suite E Little Rock, AR 72209 AREA: 0.225 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: C-3, General Commercial District ALLOWED USES: Retail PROPOSED ZONING: PCD PROPOSED USE: Auto repair and sales VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is proposing to rezone the site from C-3, General Commercial District to PCD to allow the use of an existing building as auto repair. The applicant is also requesting to be allowed to sell automobiles from this site. The property is located within the Presidential Park Design Overlay District which requires all uses to be located indoors. The applicant has indicated the hours of operation are from 7 am to 7 pm Monday through Saturday. The site plan indicates the placement of a four (4) foot by eight (8) foot wall sign on the front façade of the building. Lettering will also be placed on the front windows not to exceed 12” by 5’6”. No ground signage is proposed with the development. March 29, 2012 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-8728 2 B. EXISTING CONDITIONS: This area contains a variety of uses. West of the site is an auto detail shop. South of the site is a pharmacy and an unmanned fueling station. East of the site are single-family and multi-family units located on East 9th and Byrd Street. There is a Regions branch bank located at the intersection of East 9th and Collins Street. To the north of the site is A & P Printing, a sign company and a hotel. Further east of the site are office and residential uses and a metal scrap yard. There is also a drive-thru liquor store. The property immediately west of this site has a bill board along the common property line with this site. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational requests from area property owners. All property owners located within 200-feet of the site along with the Hanger Hill Neighborhood 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. 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: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water if additional fire protection or metered water service is required. 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. Due to the nature of the facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This March 29, 2012 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-8728 3 assembly must be installed prior to the first point of use. Central Arkansas Water requires that upon installation of the RPZ assembly, successful tests of the assembly must be completed by a Certified Assembly Tester licensed in 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. A Capital Investment Charge based on the size of the 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. Fire Department: Place fire hydrants per code. Maintain access at least 20-feet wide. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is located near CATA Bus Route # 20 – the College Station route. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Interstate 30 Planning District. The Land Use Plan shows Mixed Use Urban (MXU) for this property. The Mixed Use Urban category provides for a mix of residential, office and commercial uses not only in the same block but also within the same structure. This category is intended for older "urban" areas to allow dissimilar uses to exist, which support each other to create a vital area. Development should reinforce the urban fabric creating a 24-hour activity area. The applicant has applied for a rezoning from C-3, General Commercial to PCD (Planned Commercial Development) to allow for the auto repair and sales business with outdoor sales. The site is within the Presidential Park Design Overlay District. Master Street Plan: 9th Street is a Collector. 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. March 29, 2012 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-8728 4 Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. An upgrade may be required if the rehabilitation of the structure exceeds fifty percent (50%) of the current replacement cost. 3. Asphalt/concrete must be removed in conjunction with this application. 4. Curb and gutter will be required to separate the parking areas from the landscaped areas. 5. Staff recommends installing two (2) interior islands that are seven and a half feet in width (7 ½’) and a minimum of one hundred fifty square feet (150) in area. These islands will also help with vehicular circulation. G. SUBDIVISION COMMITTEE COMMENT: (December 8, 2011) Mr. Larry Worsham was present representing the request. Staff presented an overview of the request stating there were additional items necessary to complete the review process. Staff questioned the number of automobiles that would be available for sale. Staff also questioned the number of employees and the days and hours of operation. Staff questioned if there would be a dumpster located on the site. Staff also questioned if there would be any upgrades to the site including removal of paving and the installation of landscaping. Public Works comments were addressed. Staff stated any broken curb, gutter or sidewalk in disrepair would require replacement prior to the issuance of the certificate of occupancy. Landscaping comments were addressed. Staff stated a landscape upgrade would be required if the rehabilitation of the structure exceeded fifty percent of the current replacement value of the building. Staff stated curb and gutter would be required to separate landscaped areas from parking. Staff recommended two (2) landscape islands a minimum of one hundred fifty square feet in area be installed to aid in vehicular circulation. H. ANALYSIS: The applicant submitted a revised response to comments raised at the December 8, 2011, Subdivision Committee meeting. The applicant has indicated no exterior improvements are being proposed with the rezoning request. The applicant has indicated all work will be interior and for the most part cosmetic March 29, 2012 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-8728 5 repairs. The applicant has indicated no additional landscaping will be installed and there will not be a dumpster located on the site. The applicant has indicated building signage on the front façade not to exceed 18 square feet in sign area. The front has a total façade area of 662 square feet. Sign coverage is less than three (3) percent. No ground signage has been requested. Section 36-420 states signage in the Presidential Park DOD is allowed per the base zoning classification except for the first two floors may be allowed awning valances where appropriate but are not to exceed six (6) square feet of the valance, neon illumination is permitted if channelized, letters can not exceed 30-inches in height and window signs may not cover more than 25 percent of each glass panel. The base zoning is C-3, General Commercial District which could allow the auto repair as a Conditional Use Permit but does not permit auto sales even as a conditional use permit. The request also includes the allowance of automobile sales. Section 36-416 states the permitted uses are all uses in the base zone classification and outdoor, on-premise, seating areas for dining in the UU areas. Although the ordinance does not specifically state all uses are to be enclosed the intent of the ordinance is that there be no outdoor display of merchandise, thus the need for the rezoning to a PCD. The applicant has indicated a maximum of five (5) automobiles will be on site for sale at any given time. The request includes the allowance of maintaining C-3, General Commercial District uses as allowable uses for the site. The building is a 50-foot by 80-foot metal building. The site has five (5) marked spaces in the front of the building. The entirety of the site is paved with the exception of a small area along the western side of the building extending to the back alley. Two (2) additional parking spaces have been used off the alley. The proposed use of the building as automotive services (service station, garages, automobile washing facilities and similar uses), typically require five (5) spaces plus one (1) space per two hundred fifty (250) square feet of gross building area. The auto repair would typically require the placement of 21 parking spaces to serve a 4,000 square foot building. Parking for the five (5) vehicles for sale is also needed. The applicant has indicated there will be a maximum of two (2) employees and all waste materials removed from the vehicles will be stored indoors. The applicant has indicated there are service bays for five (5) automobiles. Access to the building is from the rear, off the alley. The request is for automobile repair and sales. The site plan indicates a maximum of seven (7) on-site parking spaces. The applicant has indicated two March 29, 2012 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-8728 6 (2) employees and five (5) automobiles for sale. Based on information provided by the applicant and the typical development standards for this use there is not sufficient parking to allow the use and space for customer parking. The purpose and intent of the Presidential Park Overlay is to create a quality vital atmosphere for businesses and residents. Buildings, parking areas, signage, landscaping and street furnishings should all be designed to complement and encourage pedestrian use both day and evening. The ordinance states guidelines and strategies must be in place to protect the district from the negative impact of poorly planned or incompatible projects. Incompatible development has the potential to destroy the attributes that will attract people to the district. Although there are existing businesses in the area which have outdoor activities one being a detail shop and a scrap metal yard these uses were in place prior to the adoption of the Presidential Park DOD. The DOD is put in place so that as properties are redeveloped they do so in a manner which is beneficial and in keeping with the Overlay standards. Based on the limited available parking and the development not being in keeping with the Presidential Park DOD staff is not supportive of the request. I. STAFF RECOMMENDATION: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (FEBRUARY 16, 2012) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of deferral of the item to the March 29, 2012, public hearing. There was no further discussion of the item. The chair entertained a motion of 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: (MARCH 29, 2012) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had indicated a modification to their request which would substantially change the parking requirement for the site. Staff requested a deferral of the item to the April 26, 2012, public hearing to allow staff and the applicant to meet and develop a workable parking plan for the site. March 29, 2012 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-8728 7 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, 1 absent and 1 recusal (Troy Laha). March 29, 2012 ITEM NO.: B FILE NO.: LA-0041 NAME: Amendment to Chapter 29 of the Code of Ordinances to allow a variance to be issued by the Planning Commission for clearing and grading without imminent construction APPLICANT: City of Little Rock Public Works LOCATION: Land Alteration Regulations Chapter 29-166 thru Chapter 29-196 REQUEST: Revise Land Alteration Regulation to better address variance language for advance grading without construction being imminent. A. PROPOSAL/REQUEST: The Little Rock Planning Commission requested Little Rock Public Works staff to revise the City of Little Rock Code of Ordinance by preparing a Planning Commission application to revise Land Alteration Regulations (Chapter 29-166 thru Chapter 29-196) to better address variance language for advance grading without construction being imminent. The specific revised language as underlined is found in existing Chapter 29-187 and proposed Chapter 29-197 as follows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arch 29, 2012 SUBDIVISION ITEM NO.: B (Cont.) 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NEIGHBORHOOD COMMENTS: Public notification was made in the local newpaper. Staff gave a presentation of the revised language to the Little Rock Planning Commission and the Little Rock City Beautiful Commission. The City Beautiful Commission provided a letter to staff approving the revisions. Other than the City Beautiful Commission, staff has not received any inquiries or comments on this application. March 29, 2012 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: LA-0041 6 C. STAFF UPDATE: The Land Alteration Regulations were adopted in 1995. In 2005, the regulations were revised to cleanup inconsistencies; to provide easier administration of the ordinance; to provide a better understanding, and to provide the Planning Commission the authority to approve variances to the ordinance. Recently, it was determined by the City Attorney’s Office that the Planning Commission had the authority to approve variance requests for advanced grading without construction being imminent. The current ordinance language though did not contain language that specifically addressed a variance to advance grade without construction being imminent. Due to this delinquent language, the Planning Commission requested staff propose revised language to address this variance and also prepare conditions on approval of the variance. In October, 2011 during an informal meeting, staff presented the Planning Commission with the revised language. The Planning Commission provided staff with some minor changes, which were incorporated, and an overall approval of the revised language. In January, 2012, staff presented the Little Rock City Beautiful Commission with the revised language. A letter was prepared by the City Beautiful Commission in support of the revisions. The revised language in this application reflects that language approved by both the Planning Commission during the informal meeting and the City Beautiful Commission. D. RECOMMENDATION: Approval E. PLANNING COMMISSION ACTION: (JANUARY 5, 2012) The City as the applicant for the item presented a recommendation of deferral of the item to the February 16, 2012, public hearing. Staff stated the deferral was necessary to allow the item to be presented to the City Beautiful Commission prior to the Commission reviewing the item. 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 7 ayes, 0 noes and 4 absent. PLANNING COMMISSION ACTION: (FEBRUARY 16, 2012) With no registered objectors present, staff presented the item and a recommendation of deferral of the item to the March 29, 2012, public hearing. There was no further discussion of the item. The chair entertained a motion of approval of the item as presented by staff. The motion carried by a vote of 11 ayes, 0 noes and 0 absent. March 29, 2012 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: LA-0041 7 STAFF UPDATE: Staff met with Tim Daters and Joe White of White Daters and Associates to discuss and work through some of the proposed Land Alteration Regulations modified language. Minor adjustments were made to improve the understanding and meaning of the revisions. The following is the proposed modifications. 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FILE NO.: LA-0041 8 F  &HUWLILHG PDLO QRWLFH RI DOO YDULDQFH UHTXHVWV VKDOO EH JLYHQ E\ WKH DSSOLFDQWWRDGMDFHQWSURSHUW\RZQHUVLQFOXGLQJWKRVHDFURVVDVWUHHW RUDOOH\IURPWKHVXEMHFWSURSHUW\DWOHDVWWHQ  GD\VSULRUWRWKH SODQQLQJ FRPPLVVLRQ PHHWLQJ DW ZKLFK WKH YDULDQFH LV WR EH FRQVLGHUHG$WOHDVWWKUHH  EXVLQHVVGD\VSULRUWRWKHKHDULQJWKHDSSOLFDQW V K D O O S U R Y L G H S U R R I R I S U R S H U Q R W L F H W R W K H G L U H F W R U R I S X E O L F Z R U N V  ) D L O X U H W R  SURYLGH WKH UHTXLUHG QRWLFH ZLOOFDXVH WKH YDULDQFH UHTXHVW WRWKH SODQQLQJ FRPPLVVLRQWREHGLVPLVVHGDOWKRXJKPLQRULUUHJXODULWLHVLQWKHJLYLQJRIQRWLFHPD\ EHZDLYHGE\WKHFRPPLVVLRQ G  $SSHDOVIURPWKHYDULDQFHGHFLVLRQRIWKHSODQQLQJFRPPLVVLRQVKDOO EH ILOHG ZLWK WKH DSSURSULDWH FRXUW RI MXULVGLFWLRQ ZLWKLQ WKLUW\   FDOHQGDUGD\VRIWKHGHFLVLRQRIWKHSODQQLQJFRPPLVVLRQ H  9DULDQFHVPD\EHJUDQWHGWRWKHH[WHQWWKDWWKHFKDQJHZLOOQRWEH FRQWUDU\WRWKHSXUSRVHVVHWIRUWKLQVHFWLRQ   7 R F O H D U D Q G J U D G H D P X O W L  O R W R U P X O W L  S K D V H G H Y H O R S P H Q W  ZKHUH FRQVWUXFWLRQ LV QRW LPPLQHQW RQ DOO SKDVHV RI WKH GHYHORSPHQW   7R KDUYHVW WLPEHU RQ ODQG QRW RWKHUZLVH DOORZHG XQGHU WKLV VHFWLRQLQDFFRUGDQFHZLWKDUHDVRQDEOHVWDIIDSSURYHGIRUHVWU\ PDQDJHPHQW SODQ ZKLFK LV GHWHUPLQHG WR EH UHDVRQDEOH DQG SUHSDUHGE\DUHJLVWHUHGIRUHVWHURUFHUWLILHGDUERULVWXVLQJEHVW PDQDJHPHQWSUDFWLFHJXLGHOLQHVIRUVLOYLFXOWXUHLQXUEDQDUHDV WKDWFRPSOLHVZLWKWKHSXUSRVHVDQGUHTXLUHPHQWVRIWKLVDUWLFOH KRZHYHUFOHDUFXWWLQJRUWRWDOKDUYHVWVVKDOOQRWEHDOORZHG   7RH[FHHGWKHFXWILOODQGVORSHUHTXLUHPHQWVRI6HF   )URPWKHUHVWRUDWLRQUHTXLUHPHQWVRI6HF   7RFOHDUDQGJUDGHSURSHUW\ZKHUHEXLOGLQJFRQVWUXFWLRQLVQRW LPPLQHQWSURYLGHGWKDWWKHFOHDULQJDQGJUDGLQJLVSHUIRUPHG LQDFFRUGDQFHZLWKWKHSURYLVLRQVRI6HFWLRQ  March 29, 2012 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: LA-0041 9 I  7KHSODQQLQJFRPPLVVLRQPD\LPSRVHFRQGLWLRQVRQWKHDSSURYDORIYDULDQFHV :KHUHYDULDQFHVDUHJUDQWHGDSSOLFDQWVVKDOORWKHUZLVHFRPSO\ZLWKDOORWKHU SURYLVLRQVRIWKHRUGLQDQFHLQFOXGLQJEXWQRWOLPLWHGWRREWDLQLQJDJUDGLQJSHUPLW SULRUWRFRQVWUXFWLRQRUWUHHUHPRYDOPHHWLQJWKHVWDQGDUGVIRUJUDGLQJGUDLQDJH WUHHUHPRYDOPDLQWDLQLQJEXIIHU]RQHVHURVLRQFRQWUROVDQGHVWDEOLVKLQJRI YHJHWDWLYHFRYHUIROORZLQJJUDGLQJDFWLYLWLHV  6HF$GYDQFHGJUDGLQJSODQUHTXLUHPHQWV  (15) All advanced grading projects shall be performed under plans approved in conformance with the requirements of this section or as approved by the commission. (16) Once clearing and grading operations commence, the work described in the plan shall be expeditiously completed in the time frame set forth in the plan unless specifically limited by the grading permit and shall not exceed one (1) year in duration from the time work commences to installation of all final erosion control measures and vegetation. (17) A survey, grading and drainage plan, stormwater detention basin design and line of sight illustrations from adjacent streets and properties must be provided to the planning commission for review. (18) Plans shall provide for visual screening of the completed area by providing undisturbed perimeter buffer strips and earthen berms. In cases where maintenance of an undisturbed buffer is deemed not practical to provide screening, earthen berms, tree plantings or other suitable measures may be required. (19) Undisturbed areas designated for temporary buffers shall be kept undisturbed except for reasonable access to the site. The width of the temporary buffer strip shall be six percent (6%) of the lot width and depth. The minimum width shall be fifty (50) feet where the subject property is adjacent to other properties, March 29, 2012 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: LA-0041 10 residential streets, collector streets, and industrial streets. The minimum width shall be eighty (80) feet where the subject property is adjacent to city parks, and arterial streets. In no event shall these temporary strips be less than the width of the permanent buffers required for the development. The minimum required width shall not exceed one hundred (100) feet. (20) All buffers required in conjunction with an advanced grading project shall be considered temporary and shall be maintained until the property is developed. (21) Construction access points through the perimeter buffer zones shall be limited in number and constructed to the minimum width needed to facilitate access. A curved or angled road design should be provided to limit the visibility of the interior grading work from adjacent streets. (22) If the property has seven (7) or fewer trees per acre, screening of the site with berms, undisturbed buffer zones, and tree plantings may be omitted if a suitable vegetative soil cover is provided. (23) Storm water detention must be constructed on site in accordance with Chapter 29, Article IV. Design Criteria and Performance standards and maintained following the completion of grading activities. (24) At the completion of land alteration activities, a minimum of six inches (6”) of suitable top soil shall be placed over all disturbed areas and permanent vegetative cover shall be established. Top soil shall be suitable clay or silt loam soil capable of supporting perennial vegetation. If on-site soil is suitable, the top soil may be stripped from the site prior to grading, or suitable soil may be brought in from off-site. (25) A permanent vegetative cover of suitable perennial grass shall be established over all disturbed areas. Where indicated by soil tests, ph adjustment and the addition of fertilizer may be required. (26) All erosion and stabilization controls, including permanent vegetation and plantings, and stormwater detention systems, are to be maintained by the responsible party for a period of two (2) years following the completion of site March 29, 2012 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: LA-0041 11 grading. Periodic mowing, generally twice per year or more often if required by the City of Little Rock Code or Ordinances, shall be provided to encourage perennial grass growth. (27) Maintenance for the two (2) year period shall be guaranteed through posting of cash, surety bond or letter of credit as referenced in Section 31-431(2) at the time of final inspection of the grading activities. (28) All required federal, state, and local permits and approvals shall be obtained prior to commencement of land alteration activities. STAFF RECOMMENDATION: Staff recommends approval of the modified language to the Land Alteration Regulations to allow the Planning Commission to consider a variance to advance grade without construction imminent. PLANNING COMMISSION ACTION: (MARCH 29, 2012) Staff was the applicant is the request and presented a recommendation of approval of the modified language to the Land Alteration Regulations to allow the Planning Commission to consider a variance to advance grade without construction being imminent. 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. March 29, 2012 ITEM NO.: C FILE NO.: Z-7131-C NAME: Vallon Long-form PD-R LOCATION: Located at 16509 Chenal Valley Drive DEVELOPER: The View at Emerald Pointe LLC 10 Bernay Drive Little Rock, AR 72211 ENGINEER: McGetrick and McGetrick Engineers 10 Otter Creek Court, Suite A Little Rock, AR 72210 AREA: 5.296 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: MF-24 ALLOWED USES: Multi-family 24 units per acre PROPOSED ZONING: PD-R PROPOSED USE: Existing condo building and 36 units of duplex housing VARIANCES/WAIVERS REQUESTED: A variance from the City’s Land Alteration Ordinance to allow grading outside the Phase I development BACKGROUND: Ordinance No. 18,647 adopted by the Little Rock Board of Directors on February 19, 2002, rezoned the site from MF-24 to PRD (Planned Residential Development), which would allow the applicant to develop the site as a multi-family development with an 8.33 units per acre density. The development was proposed with ten buildings of upper-end, low-density rental residences tailored to empty nesters, families waiting for homes to be constructed and business people living away from home for an extended period of time. A total of 80 units were proposed with the development. Each of the units was to have a garage unit, 12 garage spaces were proposed in a detached structure and 79 surface parking spaces were proposed. March 29, 2012 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-7131-C 2 On January 20, 2005, the Little Rock Board of Directors adopted Ordinance No. 19,274 revoking the PD-R zoning and restoring the previously held MF-24 district zoning classification. The applicant indicated the proposed apartment development would not be constructed on the site as proposed. On September 14, 2006, the Little Rock Planning Commission approved a Subdivision Site Plan review for this property. The request included the development of a site containing 15.0 acres with 168 condominium units contained in eleven (11) buildings. The development was proposed as a gated community with a six (6) foot ornamental fence along the perimeter of the site. The development was approved in phases with each of the eleven (11) buildings being developed in a separate phase. The clubhouse, one condominium building and some parking have been constructed. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is now proposing to rezone the site from MF-24 to PD-R to allow the development of 9.29 acres with a 36 unit duplex housing development contained on a single lot. In addition to the duplexes the PD-R will include the single condominium building and the existing clubhouse which were previously constructed. The access drive to serve the development will also be included in the common area. A property owners association will be created to establish the care and maintenance of all the common areas including the private drive. The units are proposed with a front setback of ten (10) feet and a rear yard setback of ten (10) feet. There will be a minimum of ten (10) feet between each of the proposed buildings. There are three (3) floor plans proposed. The units will range from 2,000 square feet to 2,800 square feet and be one and two story units. The maximum building height proposed is 36-feet. The development is proposed in phases. There will be ten (10) units constructed in the first phase and the remaining 26 units constructed in the second phase. The request includes a variance from the City’s Land Alteration Ordinance to allow grading outside the Phase I development with the installation of the basic infrastructure for the development. The applicant has indicated excess dirt on site will be moved to fill low areas without construction being imminent within those areas. B. EXISTING CONDITIONS: Site development for the condominium units was previously initiated. One building, the clubhouse and pool area were constructed. The remainder of the site is heavily wooded and undeveloped. Adjacent properties to the south, zoned MF-24 and west, zoned O-2 are also heavily wooded. The area to the east is developing as a retirement village with a nursing home, assisted living facility and March 29, 2012 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-7131-C 3 an elderly multi-family apartment development currently under construction. Other uses in the area along Chenal Valley Drive include Ashbury Apartments to the south, near Rahling Road and a City of Little Rock Fire station to the northwest, near Chenal Parkway. Single-family residences are located to the north of the site, on LaMarche Drive in the LaMarche Subdivision of Chenal Valley. 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 were notified of the public hearing. There is not a registered neighborhood association in this area. 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. Sidewalk and curb damaged from previous phase of construction must be repaired prior to issuance of grading permit. 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. A construction entrance is not allowed to used at the present location east of the site. Access should be taken from the permanent driveway into development and the existing construction entrance restored. 4. Stormwater detention ordinance applies to this property. 5. 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. 6. Secondary access must be provided if more than 30 units or lots are in the development. 7. 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 Traffic Engineering at (501) 379-1805 (Travis Herbner) for more information. March 29, 2012 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-7131-C 4 8. 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. 9. Is a variance being requested to advance grade the site? E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required with easements for this project. Contact Little Rock Wastewater for additional information. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: The existing 8-inch water main running to 100 Vallon Court is private. Central Arkansas Water will have to evaluate the use of this main for the development as well as possibly converting it to a public main. 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. Please submit plans for water facilities 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. Approval of plans by Central Arkansas Water, the Arkansas Department of Health Engineering Division and Little Rock Fire Department is 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. 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. Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). A Capital Investment Charge based on the size of meter connection(s) will apply to this development. Fire Department: Place fire hydrants per code. Maintain a minimum access of 20-feet. For developments with more than 30 lots there must be two ways to enter/exit the subdivision. Contact the Little Rock Fire Department for additional information. County Planning: No comment. March 29, 2012 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-7131-C 5 CATA: Approved as submitted. The site is not located on a dedicated CATA Bus Route. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Chenal Planning District. The Land Use Plan shows Residential High Density (RH) for this property. The Residential High Density category accommodates residential development of more than twelve (12) dwelling units per acre. The applicant has applied for a rezoning from MF-24 (Multifamily 24 units per acre) to PDR (Planned Development Residential) to allow for the construction of duplexes. Master Street Plan: Chenal Valley Drive is a Collector. 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 is a Class III, Bike Route, proposed along Chenal Valley Drive. Bike Routes require no additional right-of-way or pavement markings, but signage to identify and direct the route. Landscape: No comment on this two-family development. G. SUBDIVISION COMMITTEE COMMENT: (January 25, 2012) Mr. Pat McGetrick was present representing the request. Staff presented an overview of the application stating there were a few outstanding technical issues associated with the request. Staff stated a secondary means of access was to be provided for subdivisions containing more than 30 single-family lots. Mr. McGetrick stated he would review the topography of the site to determine the best placement of the secondary access. Public Works comments were addressed. Staff stated due to sight distance concerns the existing construction drive was to be removed. Mr. McGetrick questioned if this location could be used as the secondary access. Staff stated there was not as much concern for sight distance for the emergency access as for trucks entering and exiting the site on a more frequent basis during the development of the subdivision. Staff questioned if there would be a land alteration variance associated with the development of the subdivision. Mr. McGetrick stated it was possible there would be some grading outside the area proposed for streets and drainage. He stated he would review the areas March 29, 2012 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-7131-C 6 that would need to be cut or filled prior to development of the lots and seek a variance for those areas. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. SUBDIVISION COMMITTEE COMMENT: (March 7, 2012) Mr. Pat McGetrick of McGetrick Engineers was present representing the request. Staff stated the Committee had reviewed a site plan at their January 25th Subdivision Committee meeting for a single-family development. Staff stated the current request was for duplex housing. Staff stated they had routed the proposed site plan to the various agencies for comment. Staff stated for the most part the comments had remained the same as with the previous development. Public Works comments were addressed. Staff stated the secondary access had been included on the proposed plan. Staff stated at the time of construction the existing construction access to the site should be removed. Staff questioned if there were variances from the City’s Land Alteration Ordinance being request. Mr. McGetrick stated the development would require a variance from the City’s Land Alteration Ordinance to allow excess dirt on the site to be shifted to low areas. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: There were few outstanding technical issues associated with the request in need of addressing raised at the March 7, 2011, Subdivision Committee meeting. The request is to rezone the site from MF-24 to PD-R to allow the development of 9.29 acres with a 36 unit duplex housing. The development will be contained on a single parcel which will include the homes, the previously constructed condominium building and the clubhouse and pool facility. The 45-foot private access easement will also be contained within the tract. According to the applicant there will be a property owners association created for the care and maintenance of the common areas. The units are proposed with a front setback of ten (10) feet and a rear yard setback of ten (10) feet. There will be a minimum of ten (10) feet between each of the proposed buildings. There are three (3) floor plans proposed. The units March 29, 2012 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-7131-C 7 will range from 2,000 square feet to 2,800 square feet and be one and two story units. The maximum building height proposed is 36-feet. The development is proposed in phases. There will be ten (10) units constructed in the first phase and the remaining 26 units constructed in the second phase. Each of the units is proposed with a two car garage. There is adequate space to allow for a car to be parked in the driveway and not obstruct the flow of traffic on the private access easement. Based on the width of the access easement and the pavement width (25-feet), street parking will be limited to one side of the street. The request includes a variance from the City’s Land Alteration Ordinance to allow grading outside the Phase I development with the installation of the basic infrastructure for the development. The applicant has indicated excess dirt on site will be moved to fill low areas within the Phase II area without construction being imminent within this area. Staff is supportive of the request. Staff does not feel the rezoning of the site to allow the placement of duplex housing as proposed will have a significant impact on the development or the area. Within the area there is a mixture of housing types. The addition of the duplexes allows for an addition to the existing variety of housing types within 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 approval of the variance request for the City’s Land Alteration Ordinance to allow grading within the Phase II area of the site with the development of Phase I. PLANNING COMMISSION ACTION: (FEBRUARY 16, 2012) Mr. Pat McGetrick was present representing the request. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated January 30, 2012, requesting deferral of the item to the March 29, 2012, public hearing. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The chair entertained a motion of approval of the item as presented by staff. The motion carried by a vote of 11 ayes, 0 noes and 0 absent. March 29, 2012 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-7131-C 8 PLANNING COMMISSION ACTION: (MARCH 29, 2012) Mr. Pat McGetrick was present representing the request. There were no registered objectors present. Staff presented the item stating the applicant had requested a deferral of the item on March 29, 2012. Staff stated the applicant was seeking to defer the item to the April 26, 2012, Public Hearing. Staff stated the deferral request would require a waiver of the Commission’s By-laws with regard to the late deferral request. 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 By-law waiver with regard to the late deferral request. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. 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. March 29, 2012 ITEM NO.: D FILE NO.: Z-8117-A NAME: 15924 Cantrell Road Short-form PD-O LOCATION: Located at 15924 Cantrell Road DEVELOPER: David Trent 15800 Cantrell Road Little Rock, AR 72223 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 0.35 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family ALLOWED USES: Single-family PROPOSED ZONING: PD-O PROPOSED USE: General and Professional Office VARIANCES/WAIVERS REQUESTED: None requested. PLANNING COMMISSION ACTION: (FEBRUARY 16, 2012) Mr. Joe White of White-Daters and Associates was present representing the request. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated February 1, 2012, requesting a deferral of the item to the March 29, 2012, public hearing. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The chair entertained a motion of approval of the item as presented by staff. The motion carried by a vote of 11 ayes, 0 noes and 0 absent. March 29, 2012 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: Z-8117-A 2 STAFF UPDATE: The applicant submitted a request dated March 14, 2012, requesting a deferral of this item to the May 10, 2012, public hearing. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (MARCH 29, 2012) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated March 14, 2012, requesting a deferral of the item to the May 10, 2012, 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 10 ayes, 0 noes and 1 absent. March 29, 2012 ITEM NO.: 1 FILE NO.: S-1607-C NAME: James Morgan Subdivision Preliminary/Final Plat LOCATION: Located in the 10000 Block of East Barrett Road DEVELOPER: Rodney Dardenne 10425 Barrett Road Roland, AR 72135 SURVEYOR: Donald Brooks Surveying 20820 Arch Street Pike Hensley, AR 72065 AREA: 19.31 acres NUMBER OF LOTS: 2 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family PLANNING DISTRICT: 29 - Barrett CENSUS TRACT: 42.01 VARIANCES/WAIVERS REQUESTED: A variance from Section 31-232(b) to allow an increased depth to width ratio for the proposed lot. BACKGROUND: In January 2008, staff administratively approved a single-family lot split of a five (5) acre tract which had been cut-out of a 27 acre tract. The result was two (2) lots and one (1) tract. On October 6, 2011, the Little Rock Planning Commission approved a subdivision request to allow the creation of a 1.89-acre lot from the remaining approximately 22 acres on Barrett Road resulting in a third lot. The site was not located within the City limits of the City of Little Rock but within the City’s Extraterritorial Planning Jurisdiction. The lot was proposed as a building site for a new single-family residence. The request included a variance from the Subdivision Ordinance with regard to the depth to width ratio requirement. The depth to width ratio for the proposed lot was 3.6 to 1. The ordinance allows a maximum depth to width ratio of 3 to 1. March 29, 2012 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-1607-C 2 A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The current request is for approval of the creation of a 2-acre lot to be subdivided out of the remaining approximately 19 acres on Barrett Road resulting in a total of four (4) lots and one (1) tract. Barrett Road is not located within the City limits of the City of Little Rock but is located within the City’s Extraterritorial Planning Jurisdiction. This area of Barrett Road consists of rural property with various lot sizes ranging from 40-acre tracts to 1-acre tracts. The southern lot line has been established to align with lot lines of the existing lots located to the west making a continuous line. The proposed lot will be used as a building site for a single-family residence. A variance is required from the Subdivision Ordinance with regard to the depth to width ratio requirement. The depth to width ratio for the proposed lot is 4.33 to 1. The ordinance allows a maximum depth to width ratio of 3 to 1. Only Lot 4 will be final platted at this time. B. EXISTING CONDITIONS: This area of Barrett Road is a narrow paved road with open ditches for drainage. The primary use of this area is single-family. On Barrett Road to the east there is a site zoned PD-C which was approved to allow the homeowner to operate a single chair beauty salon from her home. This use is no longer occurring. West of this site is a new home under construction. The homes in the area are located on acreage, typically two (2) acres is the minimum lot size. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents. All abutting property owners were notified of the public hearing. The Coalition of West Little Rock Neighborhoods was notified of the proposed plat request. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Barrett 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. The property is located within the 100 year floodplain. Contact Pulaski County Road and Bridge Department at 340-6800 to obtain the regulations for construction within the floodplain. March 29, 2012 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-1607-C 3 E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Outside the service boundary, no comment. (A septic certification has been provided by the applicant.) Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: Central Arkansas Water does not have a water main in Barrett Road. Water service could be provided by Maumelle Water Corporation. A water main extension will be required to provide water service to this property from Highway 10. 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. All Central Arkansas Water requirements in effect at the time of request for water service must be met. The Little Rock Fire Department needs to evaluate this site to determine whether additional public 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 the Little Rock Fire Department is required. Contact Central Arkansas Water regarding the size and location of the water meter. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. Fire Department: The site is located outside the City limits of Little Rock but within the City’s Extraterritorial Planning Jurisdiction. Provide a letter from the area volunteer fire department indicating their knowledge of the proposed subdivision and their ability to serve the new home. County Planning: No comment received. CATA: The site is not located on a dedicated CATA Bus Route. Parks and Recreation: No comment received. March 29, 2012 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-1607-C 4 F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (March 7, 2012) The applicant was present representing the request. Staff presented an overview of the request stating the proposed plat would require a variance to allow Lot 4 to develop with an increased lot depth to width ratio. Staff stated there were no outstanding technical issues associated with the request. Staff stated a right of way dedication on Barrett Road would be required with the final platting of the lot. Staff also stated the property was located within the 100-year floodplain and the applicant should contact Pulaski County Planning to obtain the regulations for construction within the floodplain. There was no further 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 related to the proposed preliminary plat. The request is for approval of the creation of a 2+-acre lot to be subdivided out of approximately 19+ acres located on Barrett Road. This area is not located within the City limits of the City of Little Rock but is located within the City’s Extraterritorial Planning Jurisdiction in which the City exercises zoning and subdivision control. The southern lot line has been established to align with lot lines of the existing lots located to the west allowing the rear property lines to match for continuity. The proposed lot will be used as a building site for a single-family residence. The request includes a variance from the City’s Subdivision Ordinance to allow an increased depth to width ratio. The depth to width ratio for the proposed lot is 4.33 to 1. The ordinance allows a maximum depth to width ratio of 3 to 1. Staff is supportive of the request as filed. There are a number of lots within the area, which have been subdivided into parcels similar in size to the applicant’s request. Staff does not feel the variance as requested will impact the site due to the applicant’s desire to match existing adjacent rear property lines. To staff’s knowledge there are no remaining outstanding technical issues associated with the request. March 29, 2012 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-1607-C 5 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 from Section 31-232(b) to allow an increased depth to width ratio for the proposed lot. PLANNING COMMISSION ACTION: (MARCH 29, 2012) 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 also presented a recommendation of approval of the variance request from Section 31-232(b) to allow an increased depth to width ratio for the proposed lot. 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. March 29, 2012 ITEM NO.: 2 FILE NO.: Z-3371-MM NAME: The Shoppe’s at Colonel Glenn Lots 1A and 1B Zoning Site Plan Review LOCATION: Located on the Northwest corner of Colonel Glenn Road and Colonel Glenn Plaza Drive DEVELOPER: LLEJI, LLC c/o Leonard Bowen P.O. Box 22407 Little Rock, AR 72221 ENGINEER: White-Daters and Associates #24 Rahling Circle Little Rock, AR 72223 AREA: 1.73 acres NUMBER OF LOTS: 2 FT. NEW STREET: 0 LF CURRENT ZONING: C-2, Shopping Center District PLANNING DISTRICT: 11 – I-430 Planning District CENSUS TRACT: 24.05 VARIANCES/WAIVERS REQUESTED: 1. A variance to allow the creation of a lot with acreage less than the acreage typically required per the C-2, Shopping Center Zoning District. (5 acre minimum) Section 36-300 (e) 2. A variance from Section 36-300 (e) to allow the construction of the building nearer the property line than the 40-foot typical minimum building setback 3. A variance from Sections 30-43 and 31-210 to allow the driveways on Colonel Glenn Plaza Drive and Colonel Glenn Road to develop with nearer the property line and the intersection than typically allowed March 29, 2012 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: Z-3371-MM 2 BACKGROUND: On July 1, 2010, the Little Rock Planning Commission approved a zoning site plan review for this site located at the northwest corner of Colonel Glenn Road and Colonel Glenn Plaza Drive. The property was zoned C-2, Shopping Center District and contained 1.6 acres. The owner desired to subdivide the property to allow the development of the site with two (2) users containing drive-through service. Access would be taken at the rear of the property off Colonel Glenn Plaza Drive. An additional right-in/right-out drive was located near the front of the property to allow cars exiting the drive-through to exit onto Colonel Glenn Plaza Drive and ultimately Colonel Glenn Road. There were no driveways proposed off Colonel Glenn Road. The approval of the two (2) lots required a variance from the zoning district to allow lots less than the five (5) acre minimum. The variance allowed each building to stand on it’s own lot. Ordinance No. 20,461 adopted by the Little Rock Board of Directors on August 16, 2011, rezoned the site from C-2, Shopping Center District to PCD, Planned Commercial Development, to allow the development of a convenience store with gas pumps on the site. The approved site plan allowed a right-in/right-out driveway on Colonel Glenn Road. This development has not occurred. As a separate item on this agenda the applicant is requesting a revocation of the approved PCD. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The owner now wishes to develop two (2) restaurant uses with drive-in and drive-thru service. Access is proposed from a full service driveway on Colonel Glenn Road along with a full service driveway at the northeast corner of the property on Colonel Glenn Plaza Drive. An additional right-in/right-out drive will be located near the front of the property on Colonel Glenn Plaza Drive. The driveway on Colonel Glenn Road and the southern drive on Colonel Glenn Plaza Drive will require a variance from Sections 30-43 and 31-210 to allow the drives with lesser distances from intersections and property lines than typically required. Lot 1A is proposed containing 0.86 acres. The building and patio area are proposed containing 2,750 square feet and a 7.34 percent building coverage is indicated. There are 35 parking spaces proposed. The general notes indicate 22.1 percent of the site is landscaped. Lot 1B is proposed containing 0.87 acres. The building area is 3,625 square feet and a building coverage of 9.57 percent. The site plan indicates 36 parking spaces. 27.3 percent of the site is dedicated to landscape. The request includes a variance to allow the two lots to be developed with a minimum lot size less than the five (5) acres minimum typically required by the March 29, 2012 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: Z-3371-MM 3 C-2, Shopping Center Zoning District. There are also variances associated with the building setbacks and the locations of the drives on Colonel Glenn Road and Colonel Glenn Plaza Drive. B. EXISTING CONDITIONS: The site was cleared of trees a number of years ago. A portion of Colonel Glenn Plaza Drive has been constructed but the street has not been inspected or accepted by the City as a public street. There are a number of non-residential uses in the area including an automobile dealership, a movie theater, a nursing school and a strip office/showroom/warehouse development. Further southwest of the site is a public school, Fair High School, located on David O Dodd Road. Northwest of the site are single-family homes located along South Bowman Road and West 36th Street. North of the site is an area which has been approved for an automobile dealership. 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 and the John Barrow Neighborhood Association were notified of the request. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. A 50 foot radial dedication of right-of-way is required at the intersection of Colonel Glenn Road and Colonel Glenn Plaza Drive. 2. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 3. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). 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. Show the proposed location for stormwater detention facilities on the plan. March 29, 2012 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: Z-3371-MM 4 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. 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. 8. If not already in existence, streetlights are required by Section 31-403 of the Little Rock code. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting/certificate of occupancy. Contact Traffic Engineering 379-1813 (Steve Philpott) for more information. 9. In previous application, the applicant proposed a financial contribution of up to $100,000 to go towards a traffic signal at the Colonel Glenn Road and Colonel Glenn Plaza Drive intersection first and then any or all widening of Colonel Glenn Road or other additional lanes in the interchange. When is the financial contribution proposed to be made? 10. The right in/right out driveway cannot be installed as shown on the site plan due to the driveway spacing requirements on a principal arterial street. The right in/right out driveway variance was recommended for approval by staff for the convenience store application for access to the fuel tanks by fueling trucks. 11. The two (2) parking bays located east of the dumpster must be removed due the location of them in relation to the entrance from Colonel Glenn Plaza Drive. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to the project. Entergy: Easements are required along the abutting streets and the western perimeter of the site. A 10-foot under ground or a 30-foot overhead easement is required. Contact Entergy for additional information. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. The Little Rock Fire March 29, 2012 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: Z-3371-MM 5 Department needs to evaluate this site to determine whether additional public 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 the Little Rock Fire Department is required. Contact Central Arkansas Water regarding the size and location of the water meter. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water 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 hydrants per code. Maintain a minimum access of 20-feet. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. The landscape ordinance requires nine (9’) feet of landscape perimeter around the sites entirety. Within this area there should not be parking, dumpster enclosure(s) and no hard surface area within this area. It appears March 29, 2012 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: Z-3371-MM 6 one of the parking spaces along the southern perimeter of the site is located within this area. 3. A small amount of building landscaping will be required. 4. An automatic irrigation system to water landscaped areas will be required. 5. 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. 6. The City Beautiful Commission recommends preserving as many existing trees as feasible on tree covered site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (March 7, 2012) Mr. Joe White of White-Daters and Associates 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 stated the request would require a variance to allow building setbacks less than the typical ordinance standard for C-2, Shopping Center District zoned property. Staff stated there was also a variance to allow the development of lots with acreage less than the five (5) acre minimum required by the zoning district. Staff questioned the proposed signage plan and noted the order boards would require screening per Section 36-298. Staff also requested the applicant provide the total square footage proposed for outdoor dining. Public Works comments were addressed. Staff stated the drive on Colonel Glenn Road would not be allowed due to the driveway spacing requirements. Staff stated the previous approval was to allow for truck traffic to circulate around the proposed convenience store. Staff stated the current proposal did not require this maneuvering therefore staff was not supportive of the driveway as proposed. Mr. White stated the drive would allow for circulation within the site and not require customers to backtrack in the development. Mr. White stated he would visit with staff concerning this issue. Staff stated in previous application, the applicant proposed a financial contribution of up to $100,000 to go towards a traffic signal at the Colonel Glenn Road and Colonel Glenn Plaza Drive intersection first and then any or all widening of Colonel Glenn Road or other additional lanes in the interchange. March 29, 2012 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: Z-3371-MM 7 Staff questioned when the financial contribution would be made. Mr. White stated the commitment was not a part of this development but of the development to the north. Mr. White stated this property owner had the two pieces, approximately five to six acres along Colonel Glenn Road on each side of Colonel Glenn Plaza Drive. Mr. White stated the property owned to the north made a commitment for a financial contribution and not the current applicant. Landscaping comments were addressed. Staff stated the landscape ordinance required a minimum landscape strip of nine (9) feet around the site’s perimeter. Staff stated there appeared to be parking along the southern perimeter within the required landscape strip. Staff stated a landscape plan would be required with the development of the proposed lots. Staff also stated a small amount of building landscaping would be required at the time of development. Staff noted the lots would require irrigation to water landscape areas. 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 submitted a revised site plan to staff addressing a number of the issues raised at the March 7, 2012, Subdivision Committee meeting. The applicant has indicated the total area of outdoor dining and provided a note concerning the screening of the order boards. The revised plan has removed two (2) parking spaces near the southern portion of the site. The applicant has indicated the two (2) parking spaces at the entrance drive from Colonel Glenn Plaza Drive will be designated as employee parking only. The applicant has met with staff concerning the right in/right out driveway on Colonel Glenn Road. After review the drive on Colonel Glenn Road can be shifted to align with the existing drive to the south which will eliminate conflicting left turns. Based on the alignment staff is supportive of a full service drive on Colonel Glenn Road. The days and hours of operation are proposed from 7 am to 1 am 7 days per week. A note on the site plan states all site lighting will be low level and directional, directed downward and into the site. A note on the site plan also states the maximum building height will not exceed 45-feet. Lot 1A is proposed containing 0.86 acres. The building and patio area are proposed containing 2,750 square feet and a 7.34 percent building coverage is proposed. There are 35 parking spaces proposed. The general notes state 22.1 percent of the site is landscaped. Based on the typical minimum parking requirements of the zoning ordinance for a restaurant use a total of 27 parking spaces are required. March 29, 2012 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: Z-3371-MM 8 Lot 1B is proposed containing 0.87 acres. The building area is 3,625 square feet and a building coverage of 9.57 percent. The site plan indicates 36 parking spaces. 27.3 percent of the site is dedicated to landscape. Based on the typical minimum parking requirements of the zoning ordinance for a restaurant use a total of 36 parking spaces are required. The applicant has indicated a single ground sign 36-feet in height and 160 square feet in area is proposed for each of the lots. Building signage is proposed on the façade of the buildings abutting the public streets. The building signage will comply with signage allowed in commercial zones or a maximum of ten percent of the total façade area. The request includes a variance to allow the two lots to be developed with a minimum lot size less than the five (5) acres minimum typically required by the C-2, Shopping Center Zoning District. Lot 1A is proposed containing 0.86 acres and Lot 1B containing 0.87 acres. According to the applicant the variance will allow each building to stand on its own lot which will facilitate financing and development of the property. Per Section 36-300(e)(2) the Commission may approve lot sizes less than the five (5) acre minimum when reviewing an overall site development plan for a larger area. Although this site is not a part of the overall development located to the north staff feels once the area is developed these lots will feel a part of the northern development. The request includes a variance from Sections 30-43 and 31-210 to allow the driveways on Colonel Glenn Plaza Drive and Colonel Glenn Road less than the typical development standards from the intersection and from property lines. Staff is supportive of the drives as proposed. Staff is supportive of the request. The owner is proposing the development of C-2, Shopping Center District zoned property with two (2) restaurant uses; one containing a drive-thru service and the second as a drive-in. The development is proposed on individual lots which do not comply with the typical minimum standards of the zoning district but will appear to be a part of a larger development once the property to the north is developed. As a separate item on this agenda the applicant is seeking approval of a revocation of the existing PCD zoning and the restoration of the previously held C-2, Shopping Center District zoning. This request is a zoning site plan review for C-2, Shopping Center District zoned property. Approval of the site plan must be based on the revocation of the PCD zoning be approved by the Little Rock Board of Directors. March 29, 2012 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: Z-3371-MM 9 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 the creation of the two (2) lots with an area less than typically allowed per the zoning ordinance. Staff recommends approval of the variance request from Sections 30-43 and 31-210 to allow the drives on Colonel Glenn Road and Colonel Glenn Plaza Drive to be located nearer property lines and intersections than typically allowed per the ordinances. Staff recommends prior to the issuance of a building permit the revocation of the PCD zoning be approved by the Little Rock Board of Directors. PLANNING COMMISSION ACTION: (MARCH 29, 2012) Mr. Joe White of White-Daters and Associates was present representing the request. 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 of approval of a variance request to allow the creation of the two (2) lots with an area less than typically allowed per the zoning ordinance. Staff presented a recommendation of approval of the variance request from Sections 30-43 and 31-210 to allow the drives on Colonel Glenn Road and Colonel Glenn Plaza Drive to be located nearer property lines and intersections than typically allowed per the ordinances. Staff presented a recommendation the driveway on Colonel Glenn Road be constructed with two (2) lanes only. Staff also presented a recommendation prior to the issuance of a building permit the revocation of the PCD zoning be approved by the Little Rock Board of Directors. 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. March 29, 2012 ITEM NO.: 3 FILE NO.: Z-1870-A NAME: Kingridge Enterprises Short-form POD LOCATION: Located at 2501 South Broadway DEVELOPER: Kingridge Enterprises, Inc. 2501 South Broadway Little Rock, AR 72202 SURVEYOR: Brooks Surveying, Inc. 20820 Arch Street Pike Hensley, AR 72065 ARCHITECT: Lawrence M. Angyal, Architect P.O. Box 5756 North Little Rock, AR 72119 AREA: 0.482 acres NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF CURRENT ZONING: O-3, Quiet Office; R-4, Two-family and R-5, Urban Residence ALLOWED USES: Office, Duplex and Multi-family up to 36 units per acre PROPOSED ZONING: POD PROPOSED USE: O-1, Quiet Office Zoning District uses VARIANCES/WAIVERS REQUESTED: A variance from Sections 30-43 and 31-210 to allow the single driveway on Broadway Street to be located less than 250 feet from Roosevelt Road and less than 125 feet from the property line. BACKGROUND: Ordinance No. 11,652 adopted by the Little Rock Board of Directors on September 20, 1965, rezoned the office portion of the property from “C – Two-family” to “E-1 Quiet Office”. March 29, 2012 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-1870-A 2 A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is requesting rezoning of several lots from O-3, R-4 and R-5 to POD, Planned Office Development, to allow an existing office development to expand. The owner’s current office building is located on the O-3, General Office Zoning District zoned property and the remainder of the property is undeveloped and zoned R-4 and R-5. In order to expand the business and provide adequate on-site parking the applicant is requesting to rezone the entire site to POD. The scope of the project includes restoration and repair of the existing office building to an appearance similar to the style as originally constructed, expand the existing office building to the east with a new addition of equivalent style and provide new on-site parking for staff and customers on the southern portion of the site. The existing building contains 2,131 square feet and a 1,728 square foot addition is proposed along the eastern and southeastern portions of the building. The site plan indicates the placement of eleven (11) parking spaces with an access drive from Broadway Street. The redevelopment will also include landscaping and reconstruction of sidewalks, curb, gutter and sidewalk ramps. The request includes a variance to allow the driveway as proposed. The parking lot entrance is proposed less than 250-feet from the right of way edge of Roosevelt Road and less than 125-feet from the property line. B. EXISTING CONDITIONS: The structure has been converted from a single-family home to an office use. The parking is located on the west side of the building accessed from South Broadway. To the north of the site is a grocery store and a fast food restaurant. West of the site is an office use. South of the site along South Broadway the structures appear to be residential uses. East of the site is a parking lot. The structure was previously removed. 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, the Meadowbrook Neighborhood Association and the Downtown Neighborhood Association were notified of the request. March 29, 2012 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-1870-A 3 D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Roosevelt Road is classified on the Master Street Plan as a principal arterial with special design standards. Dedication of right-of-way to 35 feet from centerline will be required. 2. A 20 foot radial dedication of right-of-way is required at the intersection of Broadway Street and Roosevelt Road. 3. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 4. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. 5. Remove all existing curb cuts. 6. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). 7. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The width of driveway must not exceed 36 feet. A variance must be requested for the location of the driveway being less than 250 feet from Roosevelt Road and less than 125 feet from the property line. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: A 15-foot overhead easement may be required around the sites perimeter. Contact Entergy for additional information. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water regarding the size and location of the water meter. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That March 29, 2012 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-1870-A 4 work would be done at the expense of the developer. Contact Central Arkansas Water if additional fire protection or metered water service is required. The Little Rock Fire Department needs to evaluate this site to determine whether additional public or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer’s expense. 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 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 hydrants per code. Maintain a minimum access of 20-feet. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: Bus Route #15 – the Arch Street Pike Route, directly serves the intersection of Broadway and Roosevelt; however with the existing structure and added square footage, a significant amount of traffic is not foreseeable. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Central City Planning District. The Land Use Plan shows Office (O) for this property. The office category represents services provided directly to consumers (e.g., legal, financial, medical) as well as general offices, which support more basic economic activities. The applicant has applied for a rezoning from R-4 (two-family), R-5 (urban residential) and O-3 (general office) to POD (Planned Office District) to allow for future office development of the site. Master Street Plan: Roosevelt Road is a Principal Arterial and Broadway is a Local Street. A Principal Arterial is to serve thorough 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 Roosevelt Road. 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”. March 29, 2012 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-1870-A 5 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 Lane is shown along Bowman 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. Areas set aside for landscaping and buffers appear to meet the minimum requirements of the Landscape and Buffer Ordinances. G. SUBDIVISION COMMITTEE COMMENT: (March 7, 2012) The applicant was present representing the request. Staff presented an overview stating there were few outstanding technical issues associated with the request. Staff questioned the proposed use of the building, the proposed signage plan and if there would be a dumpster located on the site. Staff also requested details of any proposed fencing. Staff stated all site lighting was to be low level and directional, directed downward and into the site. Public Works comments were addressed. Staff stated a dedication of right of way 35-feet from center line would be required on Roosevelt Road. Staff stated a radial dedication would also be required at the intersection of Roosevelt Road and Broadway Street. Staff stated the request would require a variance from Sections 30-43 and 31-210 to allow the single driveway on Broadway Street to be located less than 250 feet from Roosevelt Road and less than 125 feet from the property line. Staff stated any broken curb, gutter or sidewalk that was damaged in the public right of way would require repair prior to the issuance of the certificate of occupancy. Landscaping comments were addressed. Staff stated the areas set aside for landscaping appeared to meet the landscaping and zoning buffer ordinances. 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 submitted a revised site plan to staff addressing the issues raised at the March 7, 2012, Subdivision Committee meeting. The applicant has March 29, 2012 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-1870-A 6 indicated there will not be a dumpster located on the site, has provided staff with the proposed signage plan and provided details of the proposed fencing. The applicant has indicated a single ground sign will be located on the site near the intersection of the abutting streets. The sign will be a maximum of six feet (6’) in height and sixty-four (64) square feet in area. Building signage will be placed on the facades abutting the public streets. The signage will comply with signage allowed in office zones or a maximum of ten percent (10%) of the façade. The applicant has indicated the days and hours of operation will be from 8 am to 6 pm Monday through Saturday. The proposed uses of the building are the uses allowed in the O-1, Quiet Office Zoning District. The existing building contains 2,131 square feet and a 1,728 square foot addition (3,859 square feet total) is proposed along the eastern and southeastern portions of the building. The site plan indicates the placement of eleven (11) parking spaces with an access drive from Broadway Street. Based on the total square footage a total of nine (9) parking spaces would typically be required. The applicant has indicated screening will be provided along the southern perimeter. The screening will be provided via a new six (6) foot wood fence. Street buffers and landscape strips will be provided along the northern, eastern and western perimeters as required by the City’s Landscape and Buffer Ordinances. The applicant is requesting a variance from Sections 30-43 and 31-210 to allow the single driveway on Broadway Street to be located less than 250 feet from Roosevelt Road and less than 125 feet from the property line. Staff is supportive of the request. Based on the depth of the property and the parking configuration the development cannot comply with the typical standards of the various City ordinances. Staff is supportive of the request. The applicant is seeking to redevelop an existing site with an expansion to this existing office building. The redevelopment will add value to the existing structure as well as provide parking and landscaping to the site. To staff’s knowledge there are no remaining outstanding technical issues associated with the request. Staff feels the redevelopment as proposed should provide a positive impact on the area. March 29, 2012 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-1870-A 7 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 from Sections 30-43 and 31-210 to allow the drive on Roosevelt Road less than 250-feet from the intersection of Roosevelt Road and Broadway and to allow the drive within 125-feet of the southern property line. PLANNING COMMISSION ACTION: (MARCH 29, 2012) The applicant was present. There were no registered objectors present. Staff presented the item also 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 of approval of the variance request from Sections 30-43 and 31-210 to allow the drive on Roosevelt Road less than 250-feet from the intersection of Roosevelt Road and Broadway and to allow the drive within 125-feet of the southern 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 10 ayes, 0 noes and 1 absent. March 29, 2012 ITEM NO.: 4 FILE NO.: Z-5738-B NAME: Pyramid Park Short-form POD LOCATION: Located at 11300 Financial Center Parkway DEVELOPER: Colliers International c/o Dickson Flake 400 West Capitol Avenue, Suite 1200 Little Rock, AR 72201 SURVEYOR: McGetrick and McGetrick Engineers 11419 Stagecoach Road, Suite 2100 Little Rock, AR 72210 AREA: 1.45 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: O-3, General Office District ALLOWED USES: General Office PROPOSED ZONING: POD PROPOSED USE: O-3, General Office District with the 10% accessory uses – Financial Center/Chenal Parkway DOD, signage without public street frontage VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: The property located at 11300 Financial Center Parkway is zoned O-3, General Office District and contains an existing office building. In the O-3, General Office Zoning District, accessory commercial uses are allowed to occupy a maximum of ten (10) percent of the total building floor area. On July 26, 2001, the Little Rock Planning Commission approved a Conditional Use Permit request to allow Dr. Hal Bienvenu, MD to convert approximately ten (10) percent of his medical office space (98 square feet) to be used for therapeutic massage. The ten (10) percent allowed per the zoning district was occupied by a separate accessory commercial uses. March 29, 2012 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-5738-B 2 A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The current request is a rezoning from O-3, General Office District to POD, Planned Office Development, for the property located at 11300 Financial Center Parkway. There are no requested changes in the permitted uses of the property. The sole effect of the revised zoning will be to permit an east-facing, flat mount sign for UAMS, a tenant which will occupy approximately one-half of the total building. The sign is located without public street frontage. The property is located within the Financial Center/Chenal Parkway Design Overlay District. The Overlay has specific development criteria related to signage and lighting. The DOD states if for any reason the development cannot be developed without violating the standards of the Overlay the development is to be reviewed through the planning zoning districts section of the zoning ordinance, with the intent to develop a workable development plan which is consistent with the purpose and intent of the overlay standard. The justification provided by the applicant is the radius of Financial Center Parkway immediately east of this property causes the west-bound driver to view the east elevation rather than the elevation fronting Financial Center Parkway. In addition, there is a row of oak trees along Financial Center Parkway and another along the east property line of Pyramid Park. This two-sided row of oaks blocks the view to west-bound traffic for the front elevation but does allow a view corridor to the east elevation. According to the applicant the justification for the change is as much public safety as it is marketing. Patients and visitors going to the UAMS clinics in this new satellite location will be searching for their destination address. It is much safer for a driver to see the UAMS east elevation signage identifying the location than to be turning ninety degrees looking for the clinic location on this busy parkway. B. EXISTING CONDITIONS: The site is developed with an office building with a drive from Chenal Parkway. Within the building there are a number of uses including a satellite office for UAMS. East of the site is Hardin Road which has a number of businesses including a bank, office and extended stay hotel. Further east on Financial Center Parkway are office and hotel uses. South of the site is the Embassy Suites Hotel and office uses. Southwest of the site is a strip center containing restaurant and retail uses. West of the site is a big box retailer containing PetSmart, Barnes and Noble Bookstore and Toys R Us. Just east of this site is the location the I-630/Shackleford Road overpass will touch down. March 29, 2012 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-5738-B 3 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 and the Birchwood Neighborhood Association were notified of the request. D. SUBDIVISION COMMITTEE COMMENT: (March 7, 2012) Mr. Dickson Flake was present representing the request. Staff presented an overview of the development stating there were no outstanding technical issues associated with the request. Staff stated the site was located within the Financial Center/Chenal Parkway Design Overlay District. Staff stated per the DOD if a development did not comply with the Overlay standards then the property was to be rezoned to a Planned Development. Staff stated Mr. Flake’s clients were requesting signage without public street frontage, necessitating the need for the POD. Staff stated the sign was approximately 3-feet high by 11-feet long or 33.25 square feet in area. Mr. Flake commented the justification for the signage without public street frontage was as much public safety as it was for marketing the clinic. He stated westbound motorist could not see the front building sign identifying UAMS until they were directly in front of the building limiting their ability to turn into the parking lot. 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 remaining outstanding technical issues in need of addressing raised at the March 7, 2012, Subdivision Committee meeting. The request is to allow the placement of wall signage along the east façade of this existing building, which is located without public street frontage. The property is zoned O-3, General Office District and the request is to rezone the site to POD, Planned Office Development. There are no changes in the permitted uses of the property and the applicant is requesting to maintain the O-3, General Office District uses and the ten percent accessory uses as allowable uses. The sign will be a flat mount sign for UAMS. The sign is proposed 3-feet high by 11-feet long or 33.25 square feet in area. March 29, 2012 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-5738-B 4 The property is located within the Financial Center/Chenal Parkway Design Overlay District. The Overlay has specific development criteria related to signage and lighting. The DOD states if for any reason the development cannot be developed without violating the standards of the Overlay the development is to be reviewed through the planning zoning districts section of the zoning ordinance, with the intent to develop a workable development plan which is consistent with the purpose and intent of the overlay standard. Although staff is generally not supportive of variances related to signage within the DOD staff feels this is not a typical situation. The curvature of the road is such that the sign is visible from the street at a distance and is at an oblique angle to the street rather than perpendicular. In addition the proposed use of the building is a satellite clinic for UAMS. Staff does not feel the placement of a sign approximately 33 square feet in area on this eastern facing facade to identify UAMS will adversely impact the area. F. STAFF RECOMMENDATION: Staff recommends approval of the request. PLANNING COMMISSION ACTION: (MARCH 29, 2012) Mr. Dickson Flake was present representing the request. There were no registered objectors present. Staff presented the item along with a recommendation of approval of the request to allow signage without public street frontage on the eastern façade of the building. 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. March 29, 2012 ITEM NO.: 5 FILE NO.: Z-6194-D NAME: Dale’s Tire Short-form PID LOCATION: Located at 7919 Colonel Glenn Road DEVELOPER: Clyde Boyette 108 West Big Branch Road Perryville, AR 72126 SURVEYOR: Arkansas Surveying and Consulting 1926 Salem Road Benton, AR 72019 AREA: 3.67 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: I-2, Light Industrial District and R-2, Single-family District ALLOWED USES: Light Industrial and Single-family Residential PROPOSED ZONING: PID PROPOSED USE: I-2, Light Industrial District and Single-family VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: Administrative approval for the placement of a wireless communications facility was approved on January 9, 2002. The tower was constructed near the entrance drive to the tire center. On March 8, 2005, staff administratively approved a co-location on the tower. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is now requesting to rezone the site from R-2, Single-family and I-2, Light Industrial District to PID to allow a new building to be constructed on the site. The building is proposed as 60-feet by 120-feet containing 7,200 square feet and three (3) service bays. The applicant has indicated the existing tire March 29, 2012 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-6194-D 2 store located along Colonel Glenn Road will be removed upon completion of the new building. The request is for I-2, Light Industrial District uses as allowable alternative uses for the site. There is an existing single-family home located on the western portion of the site. The home will remain and is proposed for residential use. B. EXISTING CONDITIONS: The area contains a mixture of uses including manufacturing, office, retail, residential and public uses. East of the site is the Criminal Justice Institute, located on O-2, Office and Institutional zoned property. Northeast of the site is Oxford Graphics (I-2, Light Industrial Zoning District) and a General Dollar Store (C-3, General Commercial District). West of the site is a single-family residence (I-2, Light Industrial Zoning District) and the First Gospel Church (O-1, Quiet Office Zoning District) and a City of Little Rock Fire Station (I-2, Light Industrial Zoning District). South of the site is property zoned R-2, Single-family and is developed with single-family homes located in the Westwood Subdivision. 44th Street dead ends at this property’s southeastern boundary with three (3) homes located at the end of the street. There are a number of mature trees located on the site primarily located on the eastern and southern perimeters. A Highway Department project has constructed Colonel Glenn Road with four (4) lanes and center turns and curb, gutter and sidewalk. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received an informational phone call from the John Barrow Neighborhood Association. All property owners located within 200-feet of the site, the John Barrow Neighborhood Association and the Westwood Neighborhood Association were notified of the request. 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. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. 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. March 29, 2012 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-6194-D 3 4. Stormwater detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. 5. Measures to control the increase in stormwater runoff from the increased impervious surface should be implemented to not damage adjacent property. 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. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The lot must have a single driveway centered on the lot. The width of driveway must not exceed 36 feet. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: If the property is subdivided a sewer main extension required with easements for remainder of the property west of proposed Lot 1. Entergy: Approved as submitted. Easements will be acquired for new service. Contact Entergy for additional information. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. The Little Rock Fire Department needs to evaluate this site to determine whether additional public 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 the Little Rock Fire Department is required. 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 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 March 29, 2012 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-6194-D 4 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 hydrants per code. Maintain a minimum access of 20-feet. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The project is directly served by Route #14 – the Rosedale Route, however existing business to be relocated does not seem to increase traffic volumes or impede traffic on Colonel Glenn Road. 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 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 I-2 (light industrial) and R-2 (single family) to PID (Planned Industrial District) to allow for the expansion of an existing tire related business on this site. Master Street Plan: Colonel Glenn Road is a Principal Arterial. A Principal Arterial is to serve thorough 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. This street 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 Lane is 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. If the owner decides to plat differently then these numerical requirements will change; based upon plan submitted. March 29, 2012 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-6194-D 5 a. The zoning ordinance requires a nine-foot (9’) wide land use buffer along the eastern and western perimeters of the site, next to the residentially zoned property. Seventy percent (70%) of this area must remain undisturbed. b. The zoning ordinance requires a sixteen-foot (16’) wide land use buffer along the southern perimeter of the site next to the residentially zoned property. Seventy percent (70%) of this area must remain undisturbed. c. The zoning ordinance requires a street buffer with an average width of sixteen feet (16’) along Colonel Glenn Road and in no case less than nine feet (9’) at any point. 3. A small amount of building landscaping will be required. 4. Curb and gutter or another approved border will be required to protect landscaped areas from vehicular traffic. 5. The landscape ordinance requires a minimum of eight percent (8%) of the paved areas be landscaped with interior islands of at least 7 ½ feet in width and 150 square feet in area. Proposed plan does not currently reflect this minimum. 6. The property to the south, east, and west is zoned residential; therefore, a six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the southern, eastern and western perimeters of the site. 7. An automatic irrigation system to water landscaped areas will be required. 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: (March 7, 2012) Mr. Scott Foster was present representing the request. Staff presented an overview of the item stating there were a number of technical issues associated with the request. Staff questioned the need for the paving around the entirety of the building. Staff also questioned the location of the building and suggested the applicant consider moving the building north, nearer Colonel Glenn Road to limit the impact of the development on the existing residential uses located behind the business. Staff questioned if there would be a dumpster located on the site. Staff also requested details of any proposed signage. March 29, 2012 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-6194-D 6 Public Works comments were addressed. Staff stated a grading permit would be required prior to the development of the site. Staff stated the stormwater detention ordinance would apply to the future development. Staff also stated the driveway locations and widths did not comply with the traffic access and circulation requirements of Sections 30-43 and 31-210. Staff stated the lot was to be served by a single driveway centered on the lot. Staff stated the width of the driveway could not exceed 36-feet. Landscaping comments were addressed. Staff stated the comments were based on the development being platted in two (2) lots. Staff stated if the development remained as a single lot the dimension of the landscape strips would change. Staff stated the zoning ordinance would require a landscape buffer along the eastern and western perimeters of nine feet (9’) and a street buffer of sixteen feet (16’). Staff stated the southern land use buffer was to also be sixteen feet (16’). Staff stated screening would be required where adjacent to residentially zoned or used property. Staff also stated a small amount of building landscaping would be required at the time of development. Staff noted the comment from Little Rock Wastewater stating a sewer main extension would be required if the development was final platted as two (2) lots. Staff suggested Mr. Foster contact Jim Boyd of Little Rock Wastewater for additional information. 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 submitted a revised site plan to staff addressing the issues raised at the March 7, 2012, Subdivision Committee meeting. The applicant has indicated the site will not be platted as two lots but will remain as a single lot. The applicant has redesigned the drive on Colonel Glenn Road, removed the paving along the east and southern perimeters and indicated the land use buffers as requested by staff. The request is to allow an existing building to remain on the site and allow construction of a new building for the tire business maintaining I-2 uses as allowable alternative uses for the site. Upon completion of the new building the existing building will be removed. The two drives on Colonel Glenn Road will be removed with the removal of the existing building and reconstructed as a single drive centered on the property. The home located on the western one-half of the property will remain single-family. March 29, 2012 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-6194-D 7 The building is proposed as 60-feet by 120-feet containing 7,200 square feet and three (3) service bays. All service bays are located on the front side of the building facing Colonel Glenn Road. There is an access door on the west side for deliveries of materials and inventory. The site plan indicates 20 parking spaces upon completion of the redevelopment activities. The building has a wall height of 12-feet. The building is a standard metal building with a low pitch roof. Staff recommends the color of the building be earth tone and a non-reflective material. The applicant has indicated there will be no openings on the east side of the building and all mechanical and exhaust fans will be located on the west side of the building. The proposed use of the building as automotive services (service station, garages, automobile washing facilities and similar uses), typically require five (5) spaces plus one (1) space per two hundred fifty (250) square feet of gross building area. The auto repair would typically require the placement of 33 parking spaces to serve a 7,200 square foot building. Staff feels the 20 parking spaces should be adequate to serve the site. The applicant has indicated the existing chain link fencing will be maintained. Screening will be provided via vegetation and shrubs. There is an existing row of vegetation on the eastern and southern perimeters. The applicant has indicated a 9-foot landscape strip within this area. Staff recommends the buffer area be increased to a minimum of 15-feet. The 15-foot minimum buffer is based on the development not being two (2) separate lots. Staff also recommends the buffer area be enhanced with the planting of additional evergreen trees and shrubs to provide adequate screening to the properties to the east and south. Building signage will be as allowed in commercial zones or a maximum of ten percent of the front façade abutting the public street. Ground signage will be limited to signage allowed in industrial zones or a maximum of 30-feet in height and 72 square feet in area. The days and hours of operation are proposed from 7 am to 7 pm Monday through Saturday. The site plan indicates the placement of a storage area for waste tires along the western side of the building. A screening fence will be installed around the waste tire collection area. The site plan does not indicate the placement of an on-site dumpster. Staff is supportive of the request provided the applicant include additional screening and limit the building to no activity and no openings on the east and south sides. Although there is a residential use to the west of the site the home is owned by the applicant and staff feels the applicant will properly screen his March 29, 2012 SUBDIVISION ITEM NO.: 5 Cont. FILE NO.: Z- 6194 -D home from the retail activities. The front of the property is zoned 1 -2, Light Industrial and the rear is zoned R -2, Single- family. Although different zoning classifications the property has functioned as a unit for a number of years. Staff feels with the proper screening and limiting the activities on the eastern and southern perimeters this should minimize the impact on the adjacent single - family homes. 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 building color be neutral or earth tone, constructed of a non - reflecting material with no openings, exhaust fans or mechanical equipment along the eastern or southern fagades. Staff recommends the land use buffer along the eastern and southern perimeters be increased to a minimum of 16 -feet and additional evergreen trees and shrubs be installed within the buffer area. PLANNING COMMISSION ACTION: (MARCH 29, 2012) Mr. Dickson Flake was present representing the request. There were no registered objectors present. Staff presented the item along with a recommendation of approval of the request to allow signage without public street frontage on the eastern fagade of the building. 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. 9 March 29, 2012 ITEM NO.: 6 FILE NO.: Z-6848-B NAME: Tract A Pleasant Tree Addition Revised Short-form PD-R LOCATION: Located in the 1500 Block of Pickering Drive DEVELOPER: Icon Homes, Rodney Chandler 16 Cobble Stone Creek Court Little Rock, AR 72210 ENGINEER: McGetrick and McGetrick Engineers 11419 Stagecoach Road, Suite 2100 Little Rock, AR 72210 AREA: 0.55 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: PD-R ALLOWED USES: Single-family three (3) residential units PROPOSED ZONING: Revised PD-R PROPOSED USE: Multi-family six (6) units VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: This 0.40 acres property located at the east end of Pickering Drive was dedicated to the Pleasant Tree Property Owners Association with the development of the subdivision to be used as a recreational area. A tennis court was constructed on the site. The Property Owners Association was unable to maintain the tennis court and later returned the property to the original developer. Ordinance No. 18,298 adopted by the Little Rock Board of Directors on June 20, 2000, rezoned the property from R-2, Single-family to PD-R to allow the removal of the tennis court and the construction of a three unit attached single-family residential building. The structure was to be similar construction as the existing attached single-family attached structures located to the south and west. March 29, 2012 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-6848-B 2 Ordinance No. 20,428 adopted by the Little Rock Board of Directors on May 17, 2011, allowed a revision to the previously approved PD-R to allow the construction of three (3) single-family residential homes on individual lots. The proposed homes consisted of two (2) bedrooms, great room, one full bath, dining area, kitchen with an attached single car garage and two-car driveway. All homes were brick with vinyl siding on the exterior. The homes were proposed with a 20-foot front setback and a 25-foot rear setback. A privacy fence was proposed within the rear yard area of the homes. The homes contained 1,200 square feet of heated and cooled space and an additional 250 square feet of garage space. The homes were anticipated to lease in the $1,100.00 to $1,200.00 price category. This development was never constructed. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is now proposing to amend the previously approved PD-R to allow the construction of a two storysingle building with six (6) units. The apartments are proposed as two (2) bedroom units with living room, one full bathroom, dining area, kitchen and laundry room. The building will have two entry doors to promote a residential appearance which will be blended with an all brick exterior to promote street appeal and a neighborhood friendly appearance. B. EXISTING CONDITIONS: This area is developed with one, two and six unit multi-family residences. The site proposed for development contains the abandoned tennis court. Uses to the east are multi-family accessed from Rainwood and Green Mountain Drive. North of the site along Rainwood Drive are three detached single-family homes. The streets are in place within the subdivision constructed to residential street standards per the Master Street Plan. There appear to be a couple of trees located on the site proposed for development. 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 and the Pleasant Tree Property Owners Association were notified of the request. 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. The private driveway apron is damaged and in need of repair. March 29, 2012 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-6848-B 3 2. 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. 3. No residential waste collection service will be provided on private streets or easements unless the property owners association provides a waiver of damage claims for operations on private property. 4. The parking design must be redesigned near the Pickering Drive intersection as per staff design. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: Approved as submitted. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: Contact Central Arkansas water regarding extension of water service to this development. 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. 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. 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. Additional fire hydrant(s) may be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). 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 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 March 29, 2012 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-6848-B 4 backflow prevention requirements for this project. A Capital Investment charge based on the size of the meter connection(s) will apply to this development in addition to normal charges. Fire Department: Place fire hydrants per code. Maintain a minimum access of 20-feet. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The #8 – Rodney Parham bus route is in the vicinity of the new development, but does not directly serve it. 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 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 PRD (Planned Residential District) to PDR (Planned District Residential) to allow for the construction of six (6) units of multifamily. Master Street Plan: Pickering Drive is a Local Street. 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: (March 7, 2012) Mr. Pat McGetrick of McGetrick and McGetrick Engineers was present representing the request. Staff presented an overview of the development stating there were few outstanding technical issues associated with the request. Staff questioned the proposed design of the building. March 29, 2012 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-6848-B 5 Public Works comments were addressed. Staff stated any broken curb, gutter or sidewalk would require replacement prior to the issuance of a certificate of occupancy. Staff stated if the development exceeded one (1) acre in size a NPDES stormwater permit would be required from the Arkansas Department of Environmental Quality. Staff stated the parking design should be redesigned near Pickering Drive. Staff also stated no residential waste collection service would be provided on the private streets or easements unless the POA signed a waiver of damage claims for operation on private property. 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 submitted a revised site plan addressing the issues raised at the March 7, 2012, Subdivision Committee meeting. The applicant has provided staff with an elevation of the proposed building design, construction materials and maximum height of the building. The applicant has also provided details of proposed fencing and redesigned the parking and entrance drive as requested by staff. The developer states if an agreement cannot be reached with the City of Little Rock regarding trash collection a contact will be executed with a private contractor. The building is proposed residential in character. The building will have two entrance doors from the front leading into a foyer area to access four units in the western entrance and two units on the eastern side. The two story building will have three units on each floor. The building is proposed with a total brick façade and architectural shingles. The roof pitch is a 6/12. The units are proposed with 950 square feet to 1,150 square feet. The units are one level and the second unit on the second floor. Any interior fencing will be per the typical R-2, Single-family development standard or a maximum of six (6) feet in height constructed of brick or wood. The site plan indicates the placement of eleven (11) parking spaces and a total of six (6) units. Based on the zoning ordinance the typical minimum parking required to serve a multi-family development is nine (9) parking spaces. Staff is supportive of the development. The site plan indicates a total of 1,770 square feet of open space per unit or 57 percent of the total lot. Within the site there is a large open area to the north and to the east which allows for a substantial area of outdoor living space. Although the overall density is 13.9 units per acre and exceeds the typical development standards of the future land use plan the density of the development is similar to the development to the east and to the south. This section of Pickering Drive contains a mixture of March 29, 2012 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-6848-B 6 residential types including single-family, duplex and multi-unit structures. Staff does not feel the placement of this building containing six (6) units is out of character with 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. PLANNING COMMISSION ACTION: (MARCH 29, 2012) The applicant was present. There were 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. Mr. Rodney Chandler addressed the Commission on the merits of his request. He stated the development was to allow six units of multi-family housing on a ½ acre parcel. He stated he had met with the area residents and tried to address their concerns but was willing to yield his time to allow the opposition to speak. Mr. Mike Davis addressed the Commission in opposition of the request. He provided the Commission with a petition signed by a number of residents in the area opposed to allowing multi-family on the site. He stated the neighborhood had two (2) condominium buildings adjacent to the site proposed for development. He stated the buildings had ample parking but the residents still parked in the street. He stated this was dangerous because the street had a sharp curve and if the motorist was not careful he/she would meet another car while traveling in their lane. Ms. Yolanda Dreher addressed the Commission in opposition of the request. She stated she did not feel the notification of 200-feet was sufficient notification for rezoning request. She stated she was not opposed to the development of the property but did not feel six units would be good for the area. She stated the site plan indicated parking sufficient to meet the ordinance standards but she did not feel the parking would be adequate to serve the units. She stated the existing condo development had adequate parking but they still parked on the street. She stated she did not feel it fair to compare the developments to the north and east to this proposed development because they had access to Green Mountain Drive and Rainwood Road. She stated this subdivision was a dead-end subdivision with only one way in and out. She stated the area was a walking neighborhood and did not need the additional traffic the six units would generate. She stated she felt the original development of three units was a more appropriate development for the site. March 29, 2012 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-6848-B 7 Mr. Frank Meeks addressed the Commission in opposition of the request. He stated he also did not feel proper notice was provided. He stated he was not opposed to development of the property with the three units but did not feel the development of the site with six units was appropriate. He stated traffic and parking were concerns of the neighborhood. He stated to compare the two condo buildings with this development was deceiving. He stated the condo development provided parking within the rear yard area of the buildings. Mr. Rodney Chandler addressed the Commission providing them with a list of the notices mailed and a copy of the return cards received. He stated the Property Owners Association was notified of the date and time of public hearing as required by staff and the Commission’s By-laws. He stated the site plan was providing ample parking to serve the units. He stated the development was similar in scale to the condo buildings located to the south. There was a general discussion by the Commission concerning why the previous developments were not constructed. Mr. Chandler stated the economics did not work for a three unit development. He stated for the project to cash flow a higher density was required. The Commission questioned staff as to their reasoning for support of the density of the development. Staff stated the Land Use Plan was general and provided a recommendation concerning developments and densities. Staff stated the development pattern in the area was intense multi-family, the two buildings on condominium units to the south and duplex’s to the west and southwest. Staff stated this neighborhood contained a number of housing types and densities. Staff stated the site plan indicated adequate parking to serve the six units. Staff stated nearly ½ of the site plan was open or green space. Staff stated they did not feel the developer was trying to over-build the site. Staff stated they did not feel the placement of six additional units on the street would generate a great deal of additional traffic for this residential street. 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 7 ayes, 3 noes and 1 absent. March 29, 2012 ITEM NO.: 7 FILE NO.: Z-8750 NAME: Mulligan Short-form PD-R LOCATION: Located at 3233 Ozark Street DEVELOPER: Jeffrey P. Hough 6524 Kenwood Road Cammack Village, AR 72207 SURVEYOR: Brooks Surveying, Inc. 20820 Arch Street Pike Hensley, AR 72065 AREA: 0.276 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 residential - Hillcrest DOD, Side yard setback VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The property located at 3233 Ozark Street is located within the Hillcrest Design Overlay District. The applicant is requesting a rezoning from R-3, Single-family to PD-R to allow an addition to the existing home which is located within 3.1 feet of the eastern side yard. The zoning ordinance would typically require the placement of a 5-foot side yard setback on this property line. The DOD states if for any reason the DOD cannot be adhered to the applicant must seek a rezoning to a planned zoning district with the intent to devise a workable development plan which is consistent with the purpose and intent of the overlay standards. March 29, 2012 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-8750 2 The addition includes a full bathroom and enlarging the existing den. The request also includes the removal of an existing unenclosed exterior staircase leading to the garage and an at grade outdoor patio. A new enclosed stairway is proposed leading to the garage and laundry area. The interior of the garage and laundry area will be finished with additional storage. B. EXISTING CONDITIONS: The home is located at the intersection of Ozark Street and Kavanaugh Boulevard. The area is a mixture of single-family and multi-family homes. At the intersection of Lee Avenue and Kavanaugh Boulevard is a building owed by the Little Rock Garden Club. A large tract of property to the north (35+ acres) is owned by Central Arkansas Water and contains water distribution facilities. 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 and the Hillcrest Residents Neighborhood Association were notified of the request. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: No comments. 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: No objection. All Central Arkansas Water requirements in effect at the time of request for water service must be met. Fire Department: Approved as submitted. County Planning: No comment. March 29, 2012 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-8750 3 CATA: #1 Bus Route – the Pulaski Heights Route directly serves the property, but the addition will not change Kavanaugh Boulevard street dimension or traffic flow. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Building Codes: The required fire separation distance (building to property line) prescribed by the building code terminates at five (5) feet. Buildings are allowed to be closer than five (5) feet if they have properly constructed firewalls, which provide the requisite one (1) hour fire resistance rating. When buildings are five (5) feet or more from the property line, the requirement no longer applies to the wall itself, only the projections such as eaves or overhangs. Openings such as doors and windows are limited when the exterior wall is three (3) feet from the property line, and are prohibited when the exterior wall is less than three (3) feet from the line. There is no restriction on openings when the exterior wall is more than three (3) feet from the property line. Contact the City of Little Rock Building Codes at 371-4832 for additional details. 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 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) to PDR (Planned District Residential) to allow for an addition that will be closer than the zoning allows to the side property line. This request is within the Hillcrest Design Overlay District. Master Street Plan: Kavanaugh Boulevard is a Collector and Ozark is a Local Street. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. 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. March 29, 2012 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-8750 4 Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (March 7, 2012) The applicant 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 total square footage of the lot, the total square footage of the home and of the heated and cooled space. Staff questioned if there would be a replacement deck constructed. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The site is located within the Hillcrest Design Overlay District. The DOD has specific development criteria related to lot coverage, building height and setbacks. The DOD states for residential structures with more than two floors (i.e. built-out attics) located on lots with 8,000 square feet or more there shall be a maximum floor area (FAR) ratio of 0.50. The structure along with the proposed additions contains a total of 2,339 square feet. The maximum building square footage allowed per the DOD is 4,000 square feet or a FAR of 0.50. The DOD states the maximum lot coverage for all structures under roof shall not exceed fifty percent. The site plan as proposed complies with this minimum standard (13.5 percent). The site plan as proposed does not comply with the typical setbacks per the underlying zoning district. The request includes a reduction the in the side yard setback for a 3.1-foot setback along the east property line. The zoning ordinance would typically require the placement of a 5-foot side yard setback on this property line. The addition includes a full bathroom and enlarging the existing den. The request also includes the removal of an existing unenclosed exterior staircase leading to the garage and an at grade outdoor patio. A new enclosed stairway is proposed leading to the garage and laundry area. The interior of the garage and laundry area will be finished with additional storage. The applicant has indicated should a deck be constructed the new construction will comply with the typical building setbacks. The DOD states if for any reason the DOD cannot be adhered to the applicant must seek a rezoning to a planned zoning district with the intent to devise a workable development plan which is consistent with the purpose and intent of the overlay standards. Staff is supportive of the request. The applicant has indicated March 29, 2012 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-8750 5 the addition will be constructed to compliment the homes existing style. Staff does not feel the addition to the home to within 3.1 feet of the side yard will impact the home or the adjacent property. To staff’s knowledge there are no remaining outstanding technical issues in need of addressing related to the proposed request. 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: (MARCH 29, 2012) 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. March 29, 2012 ITEM NO.: 8 FILE NO.: Z-8751 NAME: Mosaic Church of Central Arkansas Long-form PCD LOCATION: Located at 6221 Colonel Glenn Road DEVELOPER: Mosaic Church of Central Arkansas 6420 Colonel Glenn Road, Suite 1 Little Rock, AR 72204 SURVEYOR: Thomas Engineering 3810 Lookout Road North Little Rock, AR 72216 AREA: 10+ acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: C-3, General Commercial District ALLOWED USES: Indoor retail PROPOSED ZONING: PCD PROPOSED USE: Food truck court, Church, Office, Retail – Mixed use utilizing the existing building on the site VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The Mosaic Church of Central Arkansas is requesting a rezoning from C-3, General Commercial District PCD to detail the future development plans for the site. The Mosaic Church is proposing to purchase the old K-mart, 100,000 square feet of building and approximately 10 acres. The short term plans include the placement of a food truck court, University Market@4 Corners, the request includes the allowance of outdoor seating (tables and chairs), extend water and electricity and allow the participating trucks to remain on site overnight. March 29, 2012 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-8751 2 The food truck court is proposed within a defined area of the existing parking lot. The applicant has indicated there will be one to twelve (1 to 12) food truck vendors in the court at any given time. The food trucks will operate from 6:00 am to 10:00 pm daily. The plan includes providing each truck access to 110v or 220v power, water access shared by two (2) trucks and each truck a maximum of two (2) picnic tables which will remain on the site when the vehicles leave. The applicant is requesting semi-permanent signage for the Food Truck Court and vendors and allowance of temporary signage for each truck to post its own temporary sign and/or menu within the Food Truck Court area. The long term plans for the site include space for the church, a non-profit office park, an indoor children’s playground, that is intended for public use, further development of the food truck court and 10,000 to 15,000 square feet of retail space. The site plan also includes the placement of a defined walking path within the existing parking lot. B. EXISTING CONDITIONS: The property is located at the intersection of Colonel Glenn Road and South University Avenue. There are a number of uses in this area including retail, office, multi-family and public institutional uses. Within the parking lot of the development are restaurants, entertainment, a medical clinic, carwash and a beauty supply store. Across Colonel Glenn to the north are two multi-family apartment developments, restaurants, retail uses and a drug store. At the northeast intersection of Colonel Glenn Road and South University Avenue is a strip center owned by UALR containing a number of retails uses. There is also a branch bank located within the parking lot. East of the site is a strip center also containing a mixture of retail uses, a former movie theater, fast food restaurants and a convenience store with fast food service. Rock Creek runs along the site’s southern boundary. 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, the University District, the South of Asher Neighborhood Association, the Curran Conway Neighborhood Association, the College Terrace Neighborhood Association, the Westwood Neighborhood Association and the John Barrow Neighborhood Association were notified of the request. March 29, 2012 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-8751 3 D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Discharges from food preparation and equipment in the food court must be to the sanitary sewer and not to the stormwater drainage system. 2. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities in the floodplain at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 3. A special Grading Permit for Flood Hazard Areas will be required per Section 8-283 prior to construction in the floodplain. 4. In accordance with Section 31-176, floodway areas must be shown as floodway easements or be dedicated to the public. In addition, a 25-foot wide access easement is required adjacent to the floodway boundary. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. If the request is to allow the trucks to remain on site over night contact the Little Rock Wastewater Utility for clarification on sewer requirements. Entergy: A 20-foot overhead easement is required along the southwestern portion of the site. Contact Entergy for additional information. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. The Little Rock Fire Department needs to evaluate this site to determine whether additional public 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 the Little Rock Fire Department is required. Contact Central Arkansas Water regarding the size and location of the water meter. A Capital Investment Charge March 29, 2012 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-8751 4 based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water 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 hydrants per code. Maintain a minimum access of 20-feet. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The #17 – the Mabelvale Downtown, #21 – the University Avenue and #14 - the Rosedale Route bus routes all directly serve this project on University Avenue and Colonel Glenn Road. CATA recommends the development install either a bus bench or shelter on University Avenue at the existing bus stop and/or closer to the entrance off University Avenue. CATA is willing to discuss a partnership in this proposed project. 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 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 (3). The applicant has applied for a rezoning from C-3 (General Commercial) to PCD (Planned Commercial District) to allow for activities related to a food-truck court on this site. Master Street Plan: Colonel Glenn Road and University Avenue are Principal Arterials. A Principal Arterial is to serve thorough 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 and University Avenue. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. March 29, 2012 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-8751 5 Bicycle Plan: A Class II Bike Lanes are shown along Colonel Glenn Road and University Avenue. 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. There were recently numerous, mature trees cut on this property without prior approval. This area needs to be mitigated in conjunction with this application. Submit a mitigation plan for review. 3. The landscape ordinance requires a nine-foot (9’) wide landscape strip around the sites entirety; currently, this site is not meeting this minimal city requirement. A variance from the City Beautiful Commission must be obtained prior to the issuance of a building permit. 4. A small amount of building landscaping will be required in conjunction with this application. 5. Curb and gutter or another approved border will be required to protect landscaped areas from vehicular traffic. 6. The landscape ordinance requires a minimum of eight percent (8%) of the paved areas be landscaped with interior islands of at least 7 ½ feet in width and 300 square feet in area. Proposed plan does not currently reflect this minimum. 7. An automatic irrigation system to water landscaped areas will be required. 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. 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. March 29, 2012 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-8751 6 G. SUBDIVISION COMMITTEE COMMENT: (March 7, 2012) The applicant was present representing the request. Staff presented an overview of the development stating there were a number of outstanding issues associated with the request. Staff questioned the long term plans for the site related to the church activities. Staff questioned if there would be a school or daycare. Staff also questioned all outdoor activities that would occur on the site. Staff questioned the days and hours of operation for the non-food truck activities. Staff questioned dumpster and trash receptacles proposed for the site. Staff also questioned if the trucks would be operational during church activities and functions. Public Works comments were addressed. Staff stated discharges from the food preparation and equipment in the food court were to be discharged into the sanitary sewer and not to the stormwater drainage system. Staff also stated floodway areas were to be located in easements or be dedicated to the public. Landscaping comments were addressed. Staff stated a number of mature trees were recently removed from the site without prior approval. Staff requested the applicant provide a mitigation plan for review. Staff stated with the site redevelopment additional landscaping would be required. Staff stated a perimeter landscape strip, the addition of interior islands and building landscaping would be required with the redevelopment. Staff noted the comment from Little Rock Wastewater Utility and suggested the applicant contact Jim Boyd for additional information. 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 submitted a revised cover letter to staff addressing the issues raised at the March 7, 2012, Subdivision Committee meeting. The church’s immediate concerns are related to the food truck court. The placement of the tables and chairs within the identified area and to be allowed to extend water and electricity to the food truck area. The request also includes variances from the typical standards the City has established for peddlers and mobile canteen units. The applicant is requesting the placement of temporary signs at the food truck location both on the site and on the truck. The applicant is requesting trailers be unhooked from the tow vehicle. The request also includes the allowance to not remove the equipment, vehicles and related materials at the end of the day. The standards also do not allow for the placement of tables, chairs or canopies. March 29, 2012 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-8751 7 The long term plans for the site include space for the church, a non-profit office park, an indoor children’s playground, that is intended for public use, further development of the food truck court and 10,000 to 15,000 square feet of retail space. The applicant has indicated the church does not plan to have a mother’s day out programs, daycare or school. The applicant has indicated the current enrollment of the church is 600 members which attend one of three Sunday morning services. Future growth is proposed with a maximum number of attendees at any one service to be 1,200. The applicant has indicated during the first phase of development the maximum number of attendees at any one service would be 600. Currently the church serves 125, 300 and 175 members respectively at the three services offered. The applicant has indicated in the first phase, a small indoor playground for use by the church children on Sunday mornings and at other sanctioned gatherings throughout the week will be developed. This is not the playground the church hopes to someday develop as a service to the community. The cover letter indicates there are no plans to develop an outdoor playground at this time. At some point in the future the church may wish to explore the possibility of adding a basketball court behind the property. The site plan indicates the placement of a walking track within the parking lot area. The track is proposed as a 3/8 mile loop, inside the property line. The tract will be highlighted with two 4” yellow painted striped lines. The purpose of the walking track is to encourage healthy living and physical fitness in the area. The church office is open Monday through Thursday from 9 am to 5 pm. Worship services are held on Sunday mornings at 9 am, 10:45 am and 12:30 pm and Sunday night from 6 pm to 9 pm. There are various meetings hosted by a variety of groups both in and otherwise somehow attached to the church throughout the week every night (5 pm to 9 pm) except for Fridays and Saturdays which host events only on special occasions such as concerts, lock-ins, wedding rehearsals, etc. Free food and clothing is distributed to residents in the 72204 zip code every Tuesday from 2 pm to 4 pm. A dumpster will be located behind the existing building between the building and the creek. Should screening be necessary the applicant will provide screening per the zoning ordinance. There will be trash receptacles placed within the parking lot next to each food truck operating in the University Market. Tables will be placed within the U-shaped area framed by the trucks and will not affect traffic or parking related to church or other functions on the property. March 29, 2012 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-8751 8 The request is to allow trucks to remain parked on-site overnight. The applicant states only the trucks approved by Mosaic and are part of the cooperative effort will be granted the right of park overnight on the property for no more than five nights in a row. The applicant states they do not anticipate many if any of the vendors will want to park overnight on a consistent basis or is the applicant’s intention to allow them to do so on an unlimited basis. The applicant has provided a signage plan. At the entrance to the property off University Avenue a landscape median divider is proposed with an externally lit directional sign, no larger than 4-feet by 20-feet. The sign will name the church as well as direct persons to the church facility. At the entrance to the property off Colonel Glenn Road the applicant has indicated one parking space will be eliminated on the northwest corner of the property in order to install a landscape median divider with an externally lit directional sign, no larger than 4-feet by 16-feet. This sign will also identify the church and direct persons to the church facility. The applicant is requesting a roof mounted sign on the building. The sign is proposed naming the church, MOSAIC Church of Central Arkansas. The size of the sign is indicated at 100’-1 ½” by 6’-0” high. The applicant has indicated the lettering and size of letters will be similar to the lettering on top of the River Market main building. The applicant states similar to the River Market area they are trying to create an iconic development that the community will access and take pride in. The applicant states in order to do so they desire in some small way to extend the pride and feel of the Little Rock’s River Market District into Little Rock’s approved University District. Section 36-543(7) prohibits the placement of roof sign or signs that are not mounted on a vertical surface. The request is to allow the flexibility to place banners on light poles through out the property from time to time. The banners are proposed 2’-4” wide and 3’-6” long. The banners will be used to provide encouragement and motivation to all who drive onto the property and advertise upcoming church sanctioned events. The request also includes the placement of a banner identifying (branding) the University Market@4 Corners and define the precise area of the University Market by attaching one banner to the light pole located on the northeast corner of the property. The applicant states since visibility is blocked by a Plasma Center, Taco Bell and a China King restaurant along Colonel Glenn Road, by an expected Kum n Go convenience store on the corner of University and Colonel Glenn Road and a couple of buildings/businesses on University Avenue including a carwash, the applicant does not feel the banner will be very visible from the street. Nevertheless, the applicant desires the banner to be approximately March 29, 2012 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-8751 9 4’ wide and 12’-18” in length. The banner will run vertical along one side of the light pole. The applicant has stated they do not desire to provide easements for the property located within the floodway. Staff feels the easement can be provided. Staff recommends a floodway easement from the property line up to the back of the building be provided. Staff also recommends a 25-foot floodway maintenance easement be provided along the floodway line on the west side of the existing building and on the southeast side of the building. All portions of the property that are in the floodway outside the building should be provided as a floodway easement. The applicant has indicated the trees recently removed are not located on their property but appear to be on the neighboring property. The site plan indicates paving to the property line on the southwest side of the building. There is very little area of the rear portion of the property that is not paved. The building phasing plan indicates Phase I will contain 28,000 square feet and be used for worship, administrative offices, restrooms, kitchen and an indoor play area. Phase II contains 16,000 square feet and is proposed developed with the children’s ministries or as worship space depending on the needs of the church. Phase III includes 35,000 square feet and is proposed as youth activities including an indoor play area and lease space for the incubator business venture. Phase IV includes 13,500 square feet and is proposed as lease space until church growth demands the area back for church activities. The Chapel Phase contains 2,600 square feet and is proposed with 200 seats. This activity can be part of a phase or developed at any time. The plan also includes a sports court to be developed at any time. The parking is proposed in Lot 1, which is new parking, will contain 43 parking spaces. Within the existing parking lot spaces will be removed to provide landscaping and new spaces will be added in front of the building. This area will contain 486 parking spaces. Other parking indicated in the general notes on the site plan include 39 spaces which are located off-site but shared. An architectural feature is indicated at the northeast corner of the building. The applicant has not provided the overall height of this feature but the feature will not exceed 70-feet in height as allowed per the zoning ordinance. The University District Revitalization Plan, July 2007, identifies this area as a community retail center. Within the visioning framework diagram this area was identified to redevelop as attractive and convenient neighborhood retail, international shops, restaurant and cafes. The revitalization framework called for March 29, 2012 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-8751 10 developments which articulate existing patterns for land uses, urban design character, as well as development criteria that would shape and improve the University District’s open space and circulation into an intergraded system of parks, trails, greenways, streetscapes and natural resources. The principles of the University District were created to produce neighborhoods, mixed-use commercial areas and activity centers of aesthetic variety, character and a distinct sense of place. Staff is generally supportive of the applicant’s plans and feels the redevelopment of the site is in keeping with the University District’s Overall redevelopment plan. Staff feels the addition of the church and the retail activities associated with the church will create the sense of place the University District desires. Staff does however have concerns with leaving the trucks on the site overnight and for extended periods of time. Staff recommends the applicant continue to work with them concerning this issue and how the overnight stays will be coordinated. 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 25-foot floodway easement behind the building and along the southeastern and southwestern perimeters of the building. Staff recommends the applicant continue to work with them concerning the allowance of the vehicles to remain on the site overnight and for an extended period of time. Section 36-543(7) prohibits the placement of roof sign or signs that are not mounted on a vertical surface. PLANNING COMMISSION ACTION: (MARCH 29, 2012) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of support but with concerns. Staff noted their concerns related leaving the food trucks on site overnight for extended periods of time, the placement of a roof mounted sign and the applicant’s desire to not grant a floodway easement for the site. March 29, 2012 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-8751 11 Mark DeYmaz addressed the Commission stating the primary concern of the church was to allow the placement of table and chairs to serve the food truck court. He stated with staff’s suggestion the additional items such as the long term plans for the church came into play. He stated the development was proposed in phases with the initial phase being the food truck court. He stated the church was working with City staff and the police department to ensure security at the site. He stated the church was highly involved with the University District and their plans for redevelopment of the area. Working with the Commission Mark DeYmaz addressed staff’s concerns. The Commission questioned if the church was willing to provide the floodway easement as requested by staff. Mr. DeYmaz stated he was not aware of what this involved. Staff stated the easement was simply a protection to ensure nothing would be built in that area. Staff stated the easement was to allow access to the creek should the City need to get into an area for clearing and/or dredging. Mr. DeYmaz stated he was willing to give this easement to the City. He stated the church would not be expanding the footprint or building within this area and the dedication of the easement should not be an issue. The Commission questioned the allowance of the food trucks to remain on site overnight and for an extended period of time. Mr. DeYmaz stated this was a service to the vendors. He stated this would not be the norm but with gas prices and some vendors having more than one vehicle the ability to leave the vehicle overnight would help the vendors. He stated the Church would regulate the time spent by each vendor. He stated there would be a limit of five days and the truck was to be moved. During a lengthy discussion Mr. DeYmaz removed from his request the allowance of the trucks remaining on site over night and for an extended period of time. There was a general discussion concerning the request for the roof sign. Staff stated the Commission did not have the authority to approve the roof sign but the Board of Directors could waive the ordinance to allow the placement of the sign as a roof mounted sign. The Commission questioned why roof signage was not allowed. Staff stated they were not sure but the ordinance specifically prohibited several sign types and the placement of roof mounted signage was one of the prohibited signs. Staff requested the Commission take a separate vote on the sign issue. Staff stated the vote would be presented to the Board of Directors as a recommendation on the issue. Ms. Ruth Bell, League of Women Voters addressed the Commission in opposition of the sign request. She stated the River Market signage was directed to I-30 and the Main Street Bridge for folks coming into the area and directing patrons to the River Market area. She stated this site was not the same as the River Market area. She stated around this area were residential homes, the University campus and the First Tee Golf Academy. March 29, 2012 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-8751 12 Mr. DeYmaz stated the roof sign was not a deal killer. He stated in conversations with his architects they felt they could get the signage on the building and comply with the City regulations. The Commission questioned if he was removing the roof signage from his application request. Mr. DeYmaz stated he was removing the roof mounted sign from his request. The Commission summed up the items which had been discussed and agreed to by the applicant as amendments to the application request. The Commission questioned Mr. DeYmaz if he was willing to provide the floodway easement along the southern and western perimeters of the building as requested by staff, if he was amending his application to remove from the PCD request the allowance of overnight parking for the food truck vendors and he was eliminating the roof sign. Mr. DeYmaz stated all this was correct. A motion was made to approve the amended request as noted above. The motion carried by a vote of 9 ayes, 1 no and 1 absent. March 29, 2012 ITEM NO.: 9 FILE NO.: Z-8752 NAME: Chenal Kanis Storage Long-form PCD LOCATION: Located at 15575 Kanis Road DEVELOPER: R. Graham Smith 13503 Kanis Road Little Rock, AR 72211 ENGINEER: Thomas Engineers 3810 Lookout Road North Little Rock, AR 72116 AREA: 7.63 acres NUMBER OF LOTS: 8 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family ALLOWED USES: Single-family residential PROPOSED ZONING: PCD PROPOSED USE: Mini-storage (1 lot – Kanis Rd) and Office (7 lots – Pride Valley Rd) VARIANCES/WAIVERS REQUESTED: 1. A variance from the Land Alteration Ordinance to allow grading within the Phase II portion of the development with the construction of Phase I 2. A variance from Sections 30-43 and 31-210 to allow the drives on Pride Valley Road as proposed. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is requesting a rezoning from R-2, Single-family to PCD, Planned Commercial Development, to allow the development of 7.63 acres with seven (7) March 29, 2012 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-8752 2 small office lots fronting on the existing Pride Valley Road and one (1) large lot fronting Kanis Road which will be developed into a self storage facility in phases. The proposed office lots will be developed on approximately two (2) acres of the overall tract generally according to the O-1, Quiet Office Zoning District development standards. The request includes the allowance of O-1, Quiet Office District uses as allowable uses for the office lots. A Bill of Assurance will be filed that will require offices constructed on these office lots to be residential style buildings, all brick with roof pitch not less than 6/12. These seven (7) office lots will be located on Pride Valley Road and gain access to Pride Valley Road by only two (2) drive aprons and each lot will be connected with cross parking and drive easements. These seven (7) residential style office lots will serve as a buffer between the proposed self storage facility and the undeveloped land to the south that is presently shown to become a future medium density residential development. The proposed self storage facility will be developed in phases on the northern most five (5) acres of the tract with access from Kanis Road. Phase One of the self storage facility will be developed similar to an existing self storage facility on Wellington Hills Road which was approved by the City utilizing the POD zoning classification. This facility will also be constructed utilizing a brick façade and a “residential” style. A lighted monument sign, ornamental metal fencing and electronic access controls will be utilized. The Kanis frontage will be fully developed with an office and on-site manager’s residence, green space and the north brick façade of a single climate controlled storage building. All of the buildings that are visible from Kanis Road will have matching standing seam metal roofs with at least 6/12 pitch. The remainder of the buildings in Phase One will likely not be visible from Kanis Road and will be constructed of fireproof metal materials with low profile roofs and asphalt drives. Each side of the property will be enclosed with a six (6) foot privacy fence. B. EXISTING CONDITIONS: The property has frontage of Kanis Road and Pride Valley Road. The site is heavily wooded. There is a home located on the site accessed from Pride Valley Road. There is a property to the west of this site zoned PCD which was approved for a plant nursery but has since closed. The property to the east is wooded and zoned O-2, Office and Institutional. Property across Kanis Road is undeveloped and zoned OS, C-3, General Commercial District and O-2, Office and Institutional District. Property to the southeast, along Pride Valley Road is March 29, 2012 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-8752 3 developed as a single-family subdivision and the area to the south and southwest is undeveloped R-2, Single-family zoned property. Kanis and Pride Valley Roads are unimproved streets 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 property abuts the City limits along Kanis Road. 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 and the Parkway Place Property Owners Association were notified of the request. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Kanis 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. Pride Valley 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. 3. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to Kanis Road including 5-foot sidewalks with the planned development. The new back of curb should be located 29.5 feet from the striped centerline. 4. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to Pride Valley Road including 5-foot sidewalks with the planned development. The new back of curb should be located 18 feet from the striped centerline or center of the pavement. 5. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). 6. 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 March 29, 2012 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-8752 4 submitted and approved prior to the start of construction. Is a variance being requested to advanced grade the property without imminent construction? 7. Provide a Sketch Grading and Drainage Plan will be required per Section 29-186 (e). 8. Stormwater detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. 9. 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. 10. A special Grading Permit for Flood Hazard Areas will be required per Section 8-283 prior to construction. 11. The minimum finish floor elevation of at least one (1) foot above the base flood elevation is required to be shown on plat and grading plans. 12. A minimum strip 25 feet wide undisturbed except for reasonable access shall be provided along the stream. The 25 foot strip is measured from the top of the bank. 13. Street Improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. 14. Streetlights are required by Section 31-403 of the Little Rock code. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting/certificate of occupancy. Contact Traffic Engineering 379-1813 (Steve Philpott) for more information. 15. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The driveway accessing Kanis Road must be located at least 150 feet from the property line. The driveways accessing Pride Valley Road must be located at least 125 feet from the property line and at least 250 feet of spacing between driveways. The width of driveway must not exceed 36 feet. 16. 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. 17. Vegetation must be established on disturbed area within 21 days of completion of harvest activities. March 29, 2012 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-8752 5 18. Erosion controls must be installed to reduce discharge of polluted stormwater. 19. Provide a letter prepared by a registered engineer certifying the sight distance at the intersections comply with 2004 AASHTO Green Book standards. 20. 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. 21. Retaining walls designed to exceed 15 feet in height are required to seek a variance for construction. Provide proposed wall elevations. 22. 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: The site is outside the service boundary. Sewer service cannot be granted unless annexed into the City of Little Rock or approved by the City Board of Directors to allow sewer service outside the City of Little Rock boundary. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. The Little Rock Fire Department needs to evaluate this site to determine whether additional public 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 the Little Rock Fire Department is required. Contact Central Arkansas Water regarding the size and location of the water meter. A Capital Investment Charge March 29, 2012 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-8752 6 based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water 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: The site is located outside the City limits of Little Rock but within the planning boundary. Provide a letter from the area volunteer fire department indicating their knowledge of the project and their ability to serve the development. Place fire hydrants per code. Maintain a minimum access of 20-feet. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Ellis Mountain Planning District. The Land Use Plan shows Residential Medium Density (RM) and Park/Open Space (PK/OS) along Rock Creek for this property. The Residential Medium Density category accommodates a broad range of housing types including single family attached, single family detached, duplex, town homes, multi-family and patio or garden homes. Any combination of these and possibly other housing types may fall in this category provided that the density is between six (6) and twelve (12) dwelling units per acre. The Park/Open Space category includes all public parks, recreation facilities, greenbelts, flood plains, and other designated open space and recreational land. The applicant has applied for a rezoning from R-2 (single family) to PCD (Planned Commercial District) to allow for development of mini-warehousing along Kanis Road and small-lot office along Pride Valley Road. Master Street Plan: Kanis Road is a Minor Arterial and Pride Valley Road is a Collector. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized March 29, 2012 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-8752 7 area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Kanis Road since it is a Minor Arterial. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. 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: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. A thirty-foot (30’) wide land use buffer is required to separate this proposed development from the residential property on the eastern and western perimeters of the site. Seventy percent (70%) of these buffers are to remain undisturbed. 3. On the lot proposing the mini-storages a sixteen-foot wide (16’) land use buffer is required along the eastern and western perimeters of the site; next to the residentially zoned properties. Seventy percent (70%) of these buffers are to remain undisturbed. 4. A forty-five foot (45’) wide land use buffer is required to separate this proposed development from the residential property on the eastern and western perimeters of the site. Seventy percent (70%) of these buffers are to remain undisturbed. 5. The zoning ordinance requires a street buffer averaging forty-five feet (45’) in width along both Pride Valley Road and along Kanis Road and in no case less than half. Currently, a twenty-five foot (25’) wide access easement is shown in this area. The street buffer must be located out of all paved surface areas. 6. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the eastern and western perimeters of the site. It will be required in all the areas your property is adjoining other property. Credit towards fulfilling this requirement can be given for existing trees and undergrowth that satisfies this year-around requirement. 7. An automatic irrigation system to water landscaped areas will be required. March 29, 2012 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-8752 8 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. 9. The City Beautiful Commission recommends preserving as many existing trees as feasible on this tree covered site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (March 7, 2012) Mr. Olan Asbury and Mr. Graham Smith were 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 stated the site was located outside the City limits but within the City’s Extraterritorial Planning Jurisdiction. Staff noted the site was contiguous to the City limits which would allow the applicant to seek annexation. Staff questioned the proposed signage plan, the number of storage units proposed, the building envelopes for the proposed office development and details of any proposed fencing. Public Works comments were addressed. Staff stated right of way dedication for Kanis Road was required at 45-feet from centerline and on Pride Valley Road 30-feet from centerline. Staff stated the stormwater detention ordinance would apply to the development of the site. Staff stated a minimum strip of 25-feet should be provided along the stream. Staff requested the applicant provide the total height of any proposed retaining walls. Staff also stated the driveway located on Kanis Road did not comply with the typical development standards of Sections 30-43 and 31-210. Staff noted the driveways on Pride Valley Road also did not comply with the typical development standards. Landscaping comments were addressed. Staff stated a 30-foot land use buffer was required to separate the proposed development from the residentially zoned property to the east and west. Staff stated street buffers along Kanis Road and Pride Valley Road were required at 45-feet. Staff stated an automatic irrigation system to water landscape areas was required prior to development. Staff also stated a landscape plan stamped with the seal of a registered landscape architect would be required at the time of development. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. March 29, 2012 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-8752 9 H. ANALYSIS: The applicant submitted a revised site plan and cover letter responding to comments raised at the March 7, 2012, Subdivision Committee meeting. The applicant has indicated they will seek annexation to the City of Little Rock prior to beginning construction of the proposed development. The applicant does not anticipate any retaining walls in excess of 15-feet in height. The driveway on Kanis Road has been relocated to comply with the minimum standards of City ordinances (Sections 30-43 and 31-210). The drives on Pride Valley Road do not comply with the typical development standards for driveway spacing. The drives should be located 250-feet apart and have been indicated at 220-feet. Staff is supportive of the drives as proposed. The applicant has provided the proposed signage plan. The office lots are proposed with individual signs not to exceed four (4) feet in height and thirty-two (32) square feet in area. The building signage for each building is proposed with one wall/façade sign not to exceed three (3) feet by six (6) feet. The mini-warehouse development is proposed with a ground sign four (4) feet by eight (8) feet and a total sign area of thirty-two (32) square feet. The sign is proposed as double sided and is a LED reader. Brick columns and a brick base is proposed. The height of the columns will not exceed six (6) feet. Building signage is proposed as a flush mounted sign not to exceed 18 square feet in area or (3.0’ x 6.0’). The general notes on the site plan indicated Phase 1 of the mini-warehouse development will contain 208 units of which 117 units are conditioned storage and 91 are standard units. The future phase includes 400 units of storage. The number of conditioned units and standards units will be determined on a market demand. The site plan indicates the placement of a dumpster within the mini- warehouse portion of the development. The dumpster will be serviced once weekly during normal business hours. The mini-warehouse development is proposed with 24-hour access via a gated keypad entry. The site plan includes an office and on-site manager’s residence. The office development is proposed as a small lot suburban office lot development with lots ranging in size from 0.233 to 0.247 acres. The buildings are proposed containing 2,072 square feet. Each of the lots is proposed containing parking seven (7) to nine (9) parking spaces. The road construction to Pride Valley Road is proposed in phases. The Phase I road improvements are proposed adjacent to Lots 3 – 5. Future development of the road will be tied to development of the office lots. March 29, 2012 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-8752 10 The office portion of the development is proposed with a nine (9) foot street buffer along Pride Valley Road. It appears the parking lot can be reduced to sixty (60) feet in width instead of sixty-five (65) feet as presently shown. This will increase the landscape strip and the street buffer width an additional five (5) feet on Pride Valley Road. The land use buffer adjacent to the residentially zoned property along the western perimeter is indicated at a minimum of 15.55-feet on the office portion of the development and 27.95-feet adjacent to the mini-warehouse portion of the development. The area to remain undisturbed adjacent to the mini-warehouse development is 21-feet. The applicant has indicated the screening fence will be placed on the property line. The fence is proposed six (6) feet in height and will be constructed as a good neighbor fence. Staff recommends the proposed fence be located out of all land use buffer areas. With the fence installation tree roots will be damaged and additionally trees will be removed with the installation which reduces the undisturbed buffer area adjacent to the homes. The request includes a variance from the City’s Land Alteration Ordinance to allow grading within the Phase II portion of the development with the development of the Phase I portion. In addition there is a variance from Section 29-190(15) which provides details for grading adjacent to a stream. The ordinance states a minimum strip 25-feet wide, undisturbed except for reasonable access, shall be provided along each side of the streams having a ten-year storm of greater than 150 cubic feet per second. The 25-foot strip shall be measured from the top of the bank. An exception to this requirement is allowed where the only work being done on the site is public street construction. The grading and drainage plan shows all stormwater to drain away from the creek and the 25-foot buffer strip. The site plan includes grading within the undisturbed area. Staff recommends to mitigate the grading activities the will applicant plant a minimum of two rows of trees four feet between the rows, staggered not more than 30-feet on centers. The tree planting should be native species. The hardwood trees planted should be a minimum of three inch caliper trees. Staff is not supportive of the request. The site is presently zoned R-2, Single-family and is shown as Residential Medium Density on the City’s future land use plan. The zoning pattern in the area has limited the commercial uses more to the west of the creek and nearer the intersection of Kanis Road and Chenal Parkway. Staff has generally felt this area should be maintained as residential or suburban office type uses allowing this area to buffer the more intense uses along the Parkway. The applicant’s request is typically allowed as a C-4, Open Display District use. These uses are typically not compatible with March 29, 2012 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-8752 11 single-family. The C-4, Open Display District is typically intended to serve the motoring public and are usually characterized by a high volume of vehicular ingress and egress. The zoning district states the more appropriate locations for these type uses are along heavily traveled major traffic arterials. Staff does not feel this is an appropriate location for a mini-warehouse development. I. STAFF RECOMMENDATION: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (MARCH 29, 2012) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had failed to provide proper notice of the public hearing as required by the Commission’s By-laws. Staff presented a recommendation of deferral of the item to the April 26, 2012, 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. March 29, 2012 ITEM NO.: 10 FILE NO.: Z-8753 NAME: Ludwig Place Apartments Short-form PD-R LOCATION: Located on the Southeast corner of Raymond Savage Drive (41st Street) and Ludwig Street DEVELOPER: Stanley Phillips 6204 Sandy Lane Little Rock, AR 72204 SURVEYOR: Brooks Surveying, Inc. 20820 Arch Street Pike Hensley, AR 72065 ARCHITECT: Kwendeche, AIA 2124 Rice Street Little Rock, AR 72202 AREA: 0.60 acres NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF CURRENT ZONING: R-3, Single-family ALLOWED USES: Single-family residential (4 lots 4 units) PROPOSED ZONING: PD-R PROPOSED USE: Multi-family 8 units VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The request is a rezoning from R-3, Single-family for four (4) vacant lots located at the southeast corner of Raymond Savage Drive (41st Street) and Ludwig Street to PD-R, Planned Development Residential. The applicant has indicated March 29, 2012 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-8753 2 the site will be developed with one tow story building containing eight (8) units of multi-family housing. The units will contain approximately 700 square feet per unit. The ground floor units will be handicap accessible, all level sidewalk access without steps. The units will be served by a total of thirteen (13) off street parking spaces located in the rear of the building with access from Raymond Savage Drive. The owner intends to replace the existing drive aprons along Ludwig Street with new concrete curbs to match the adjacent curbs. The owner will install new concrete sidewalks along Ludwig Street and Raymond Savage Drive according to City standards. Three (3) existing large trees will remain and additional landscaping will be added to enhance the overall site. A six (6) foot opaque fence will be installed along the eastern and western perimeters. B. EXISTING CONDITIONS: There are a number of significant trees on the site but there are no structures remaining. The area is primarily residential but there is a church located across Ludwig Street from the proposed development. A number of new single-family homes have been constructed in this area in recent years. Along John Barrow Road there are residential and non-residential uses. Acts Church owns the property located at West 42nd Street and John Barrow Road. Across John Barrow Road is a rehabilitation facility and a property zoned POD which was approved for Acts Church to build their Little Rock facility but has not developed. Other uses in the area include a daycare center and a strip retail center in the 3800 Block of John Barrow Road. Adjacent to the site on Ludwig Street there is curb and gutter but no sidewalk. There is no curb, gutter or sidewalk along West 41st Street. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received an informational phone call from the John Barrow Neighborhood Association. All property owners located within 200-feet of the site and the John Barrow Neighborhood Association were notified of the request. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Ludwig 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. March 29, 2012 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-8753 3 2. 41st 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. 3. A 20 foot radial dedication of right-of-way is required at the intersection of Ludwig Street and 41st Street. 4. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to 41st Street including 5-foot sidewalks with the planned development. 5. Remove existing curb cuts on Ludwig Street. 6. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 7. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). 8. 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. 9. Street Improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. 10. Streetlights are required by Section 31-403 of the Little Rock code. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting/certificate of occupancy. Contact Traffic Engineering 379-1813 (Steve Philpott) for more information. 11. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The lots must share a single driveway access. The width of driveway must not exceed 36 feet. Drive in parking directly off 41st Street does not comply with Section 30-43 and 31-210 of the City code. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to the project. Entergy: Approved as submitted. March 29, 2012 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-8753 4 Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water regarding the size and location of the water meter. 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 if additional fire protection or metered water service is required. 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. 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 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 hydrants per code. Maintain a minimum access of 20-feet. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The current fixed route system does not directly serve the area; however, within a few months a new established service will be provided on John Barrow Road. 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 Residential Low Density (RL) for this property. Residential Low Density allows for single family homes at densities not to exceed March 29, 2012 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-8753 5 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) to PDR (Planned District Residential) to allow for development of an eight-unit multifamily development. Master Street Plan: Raymond Savage and Ludwig Street are both Local Streets. 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: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. An eleven-foot (11’) wide land use buffer is required to separate this proposed development from the residential property on the southern perimeter of the site. Seventy percent (70%) of these buffers are to remain undisturbed. 3. A nine-foot (9’) wide land use buffer is required to separate this proposed development from the residential property on the eastern perimeter of the site. Seventy percent (70%) of these buffers are to remain undisturbed. 4. The landscape ordinance requires nine foot (9’) around the sites entirety. It appears this can easily be accomplished by shifting the parking lot area, one foot (1’) towards the building. 5. Street trees are highly recommended and appreciated. 6. A small amount of building landscaping will be required. 7. Curb and gutter or another approved border will be required to protect landscaped areas from vehicular traffic. 8. The landscape ordinance requires a minimum of eight percent (8%) of the paved areas be landscaped with interior islands of at least 7 ½ feet in width and 150 square feet in area. March 29, 2012 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-8753 6 9. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the eastern and southern perimeters of the site. Credit towards fulfilling this requirement can be given for existing trees and undergrowth that satisfies this year-around requirement. G. SUBDIVISION COMMITTEE COMMENT: (March 7, 2012) The applicant was present representing the request. Staff presented an overview of the development stating there were a number of outstanding technical issues in need of addressing related to the request. Staff stated the backing of automobiles into Raymond Savage Drive would not be allowed. Staff questioned the proposed signage plan and the maximum height of the building. Public Works comments were addressed. Staff stated right of way dedication and radial dedications would be required on the abutting streets. Staff also stated the existing curb cuts on Ludwig Street should be removed with the proposed development. Staff stated a grading permit would be required prior to development of the site. Staff stated streetlights would be required and were to be installed prior to the issuance of a certificate of occupancy. Landscaping comments were addressed. Staff stated an eleven foot (11’) land use buffer was required along the southern perimeter of the site. Staff stated a nine foot (9’) land use buffer was required along the eastern perimeter. Staff stated each of the perimeters would require screening. Staff stated the landscape ordinance required the placement of a nine foot (9’) perimeter strip around the sites entirety. Staff stated it appeared this could be accomplished by moving the parking lot one foot (1’) toward the building. 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 submitted a revised site plan to staff addressing the issues raised at the March 7, 2012, Subdivision Committee meeting. The revised plan has removed the parking backing into Raymond Savage Drive, indicated right of way dedications as requested by staff and increased the proposed landscape strips as requested by staff. The development is proposed as an eight (8) unit apartment development constructed on four (4) previously platted lots. The maximum building height proposed is 24-feet. The applicant has indicated there will not be a development sign nor is building signage proposed. March 29, 2012 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-8753 7 The development is proposed with eight (8) units and thirteen (13) parking spaces. Based on the zoning ordinance the typical minimum parking required for a multi-family development is 1 ½ spaces per unit or twelve (12) parking spaces. The site plan indicates an eighteen (18) foot street buffer along Ludwig Street. The plan indicates land use buffers as required by the zoning and buffer ordinance. The site plan indicates the placement of a screening fence along the southern and eastern perimeters. The plan indicates interior landscaping to meet the minimum standards of the landscape ordinance. The applicant has placed the dumpster along Raymond Savage Drive with the truck backing into the right of way. Trash collection will be once weekly. Staff has several concerns with the dumpster placement. The driveway is proposed 40-feet in width which exceeds typical ordinance standards (36-feet maximum driveway width). Staff is not supportive of the driveway width. The dumpster is located within the front setback along Raymond Savage Drive. Typically the zoning ordinance does not allow for the placement of dumpsters within the front setback. Staff recommends the dumpster be placed at a right angle to the street to limit conflicts with the collection vehicle and traffic on Raymond Savage Drive. In addition the hours of dumpster service have not been limited to daylight hours. Since the area is predominately single and two-family homes staff feels, if approved, limits should be placed on the hours of dumpster service. The building is proposed constructed with split face 4” CMU sill and standard metal siding. Each module will be a different color including the side and rear elevation of the building. Each of the sills will also be different colors. The roof is proposed as a hip roof with asphalt shingles. The units will contain approximately 700 square feet per unit. The ground floor units will be handicap accessible, all level sidewalk access without steps. Staff has concerns with the site plan as proposed. With the exception of the church across Ludwig Street this area of John Barrow is predominately single and two-family residences. Staff feels the massing of the structure is too intense for this area. Staff feels the site would be better served if the lots were developed with one or two family units to match the character of the existing homes in the area. Staff recommends denial of the request. I. STAFF RECOMMENDATION: Staff recommends denial of the request. March 29, 2012 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-8753 8 PLANNING COMMISSION ACTION: (MARCH 29, 2012) The applicant was not present. There were registered objectors present. Staff presented the item stating the applicant had submitted a request dated March 23, 2012, requesting deferral of this item to the May 10, 2012, 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 10 ayes, 0 noes and 1 absent. March 29, 2012 ITEM NO.: 11 FILE NO.: Z-3371-NN NAME: Lot 1 the Village at Brodie Creek Short-form PCD Revocation LOCATION: Located on the Northwest corner of Colonel Glenn Road and Colonel Glenn Plaza Drive DEVELOPER: LLEJI, LLC c/o Leonard Bowen P.O. Box 22407 Little Rock, AR 72221 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: PCD ALLOWED USES: Convenience Store PROPOSED ZONING: C-2, Shopping Center District PROPOSED USE: Retail VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: Ordinance No. 20,461 adopted by the Little Rock Board of Directors on August 16, 2011, rezoned the site from C-2, Shopping Center District to PCD, Planned Commercial Development, to allow the development of a convenience store with gas pumps on the site. The approved site plan allowed a right-in/right-out driveway on Colonel Glenn Road. This development has not occurred. The applicant submitted a letter requesting the revocation of the approved PCD and the restoration of the previously held C-2, Shopping Center District zoning. March 29, 2012 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-3371-NN 2 A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: Per Section 36-458(a) Cause for revocation as enforcement action. The Planning Commission may recommend to the Board of Directors that any PUD or PD approval be revoked and all building permits or certificates of occupancy be voided under the following circumstances: (1) The applicant has not submitted a final development plan to staff. Where a staged development plan is approved the Board of Directors may revoke the entire preliminary plan or may revoke only that stage on which a final plan has not been submitted and approved. (2) Construction has not commenced within the time allowed. (3) The applicant has not adhered to the development schedule as stated in the approved preliminary plan. In addition, to the revocation for cause, Section 36-454(e) final development plan states the applicant shall have three (3) years from the date of passage of the ordinance approving the preliminary approval to submit the final development plan. Request for extensions of time shall be submitted in writing to the Planning Commission, which may grant one (1) extension of not more than two (2) years. Failure of the applicant to file a timely extension shall be cause for revocation of the PUD as provided in the ordinance. In this case the applicant submitted a letter to staff requesting the revocation of the approved PCD and the restoration of the previously held C-2, Shopping Center District zoning. B. EXISTING CONDITIONS: The site was cleared of trees a number of years ago. A portion of Colonel Glenn Plaza Drive has been constructed but the street has not been inspected or accepted by the City as a public street. There are a number of non-residential uses in the area including an automobile dealership, a movie theater, a nursing school and a strip office/showroom/warehouse development. Further southwest of the site is a public school, Fair High School, located on David O Dodd Road. Northwest of the site are single-family homes located along South Bowman Road and West 36th Street. North of the site is an approved automobile dealership. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents. The John Barrow Neighborhood Association was notified of the request. March 29, 2012 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-3371-NN 3 D. SUBDIVISION COMMITTEE COMMENT: (March 7, 2012) Mr. Joe White of White-Daters and Associates was present representing the request. Staff presented an overview of the request stating the applicant had submitted a letter requesting the revocation of the PCD zoning and the restoration of the previously held C-2, Shopping Center District zoning classification. 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 approval of the applicant’s request for revocation of the currently approved PCD and the restoration of the previously held C-2, Shopping Center District zoning classification. PLANNING COMMISSION ACTION: (MARCH 29, 2012) The applicant was present. There were registered objectors present. Staff presented the item along with a recommendation of approval of the applicant’s request for the revocation of the approved PCD and the restoration of the previously held C-2, Shopping Center District zoning classification. 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. March 29, 2012 ITEM NO.: 12 FILE NO.: LA-0042 NAME: Wildwood Ridge Addition, Phase 1 Advanced Grading Variance Request LOCATION: SW corner of Chenal Valley Drive and Gordon Road APPLICANT: Wildwood Partners, LLC APPLICANT’S REPRESENTATIVE: Thomas Engineering AREA: Approximately 8.5 acres CURRENT ZONING: R-2 VARIANCES/WAIVERS REQUESTED: A variance from the Land Alteration Regulations to advance grade the lots within phase 1 at the time construction of the streets and utilities occur. A. PROPOSAL/REQUEST: Applicant is requesting a variance from the Land Alteration Regulations to advance grade the lots within the preliminary platted Wildwood Ridge Addition subdivision Phase 1 at the time of installation of the streets and utilities. The variance would allow approximately 8.5 aces to be advance graded. Per the Land Alteration Regulations, grading is not allowed on the lots until the streets and utilities are installed and the lots final platted. The applicant states the variance request is being made due to the homes are to be built close together in phase 1. This causes the elevation of the homes to be dependent on each other. Also, excavated material from Block 4 will be moved to the lots in Blocks 1 & 2. With grading and hauling occurring prior to construction of the streets, the streets and alleys should be protected from damage from hauling activities. Lots within Block 3 are not requested to be advance graded. B. EXISTING CONDITIONS: Wildwood Ridge Addition subdivision, Phase 1 is located southwest of the intersection of Chenal Valley Drive and Gordon Road. Clearing and grading has begun for the streets and utilities. Prior to clearing, the entire proposed area for development was tree covered. The property is located south of a narrow property zoned R-2 which fronts Chenal Valley Drive. On the east side of site is a wooded rural property with one (1) single family structure. The properties to the south are zoned R2 with constructed single family homes. The property to the west has been preliminarily platted for Wildwood Ridge Addition subdivision, Phase 2. Beyond the property platted for Phase 2 is a property zoned R-2. March 29, 2012 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: LA-0042 2 C. NEIGHBORHOOD COMMENTS: As of the time of writing, staff has not received any telephone calls or inquiries into the variance request. Notice was provided by staff to the Coalition of West Little Rock and Chenal properties. D. ENGINEERING COMMENTS: 1. Provide reasons for the need to advanced grade the lots. 2. 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. 3. Per Section 29-189(d), groups of trees and individual trees that are not to be removed or are located within required undisturbed buffer areas shall be protected during construction by protective fencing and shall not be used for material storage or for any other purpose. 4. Vegetation must be established on disturbed area within 21 days of completion of grading activities. 5. Erosion controls must be installed to reduce discharge of polluted stormwater. 6. 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. 7. Prior to construction of retaining walls, a 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. 8. 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. E. LANDSCAPING COMMENTS: No Comments. F. SUBDIVISION COMMITTEE: Thomas Pownall and Graham Smith were present representing the applicant. Staff presented an overview of the variance application stating the applicant’s desire to advance grade the lots in Phase 1 with installation of the streets and March 29, 2012 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: LA-0042 3 utilities. Staff requested the applicant to provide the reasoning for the variance request. 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 requests to advance grade approximately 8.5 acres in Wildwood Ridge Addition subdivision Phase 1 located southwest of Chenal Valley Drive and Gordon Road. The actual area to be advance graded is actually less than 8.5 acres due to the areas that are allowed to be graded during construction by the Land Alteration Regulations. During construction of the subdivision, grading for the streets and drainage and utility improvements are allowed. Grading of the lots though is not allowed until the streets and utilities are installed and the lots are final platted. The applicant is requesting to grade the lots at the time the streets and utilities are being installed due to minimal spacing between the homes. With the minimal spacing, the final grades and elevations of the lots are dependent on the others. The applicant also desires to move cut material from one side of the subdivision and place it on the other side without causing damage to the newly installed streets. Advance grading of lots within Block 3 are not being requested. During grading and excavation, erosion control devices will be installed to minimize erosion and sedimentation. Within 21 days of completion of grading activities, grass will be seeded or hydro-seeded dependent on soil conditions. Vegetation must be established on each lot unless home construction is imminent. Dependent on the weather conditions, a temporary irrigation system may be needed to establish vegetation. H. RECOMMENDATION: Advance grading of the lots would reduce potential drainage issues after construction of homes and installation of landscaping. Also, hauling excavated material from one portion of the subdivision to the either prior to street construction would minimize damage to the newly constructed streets. Staff recommends approval of this variance application subject to the comments found in paragraphs D & E. Staff also believes the advance grading should comply with the following: 1. Erosion and sedimentation controls must be installed and maintained prior to beginning of grading activities; 2. Within 21 days of completion of grading activities, grass must be seeded or hydro-seeded on all disturbed lots and other areas without imminent construction dependent on soil conditions; 3. A grading permit has already been issued for construction of the subdivision. A revised permit will not be required to be issued for grading beyond the installation of the streets and utility improvements; March 29, 2012 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: LA-0042 4 4. Dependent on the weather conditions, a temporary irrigation system may be needed to be installed to establish vegetation; 5. Prior to approval of the final plat and completion of grading activities if it occurs after final platting, all sediment should be excavated from the detention pond and vegetation established; 6. Measures to control the increase in stormwater runoff from the excavated area should be implemented to not damage adjacent properties. PLANNING COMMISSION ACTION: (MARCH 29, 2012) The applicant was present. There were no registered objectors present. Staff presented the item along with a recommendation of approval of the request subject to compliance with the comments and conditions as noted in paragraphs D and E and the additional conditions noted in the agenda write-up. Mr. Graham Smith addressed the Commission as the applicant/developer. He stated the development was proposed to generate 30 to 40 new homes per year. He stated he anticipated building out the Phase I potion of the development in one and one-half to two years. He stated his previous development was Taylor Park and the development average 20 homes per year. He stated the request for advanced grading was to limit the long term impacts on the City streets. He stated the preliminary plat for the subdivision had been previously approved and the current request was for grading outside the areas required for the installation of the streets, water and sewer. Ms. Kimberly Stibich addressed the Commission addressed the Commission with concerns. She stated her home was located adjacent to the site proposed for development. She question what trees would be removed and if any buffers would remain to protect the adjacent single-family homes. She stated the site was a beautiful site and was heavily wooded. She stated she felt the future home owners would enjoy the trees and would increase the marketability of the lots. She stated her home was located at the end of Gordon Road. She stated she and her neighbor did not have fences in their back yards because of the existing vegetation and the undeveloped property in their rear yard areas. Ms. Ruth Bell addressed the Commission on behalf of the League of Women Voters. She stated when the request to amend the ordinance to allow the Commission the ability to approve advanced grading request without imminent constriction it was told there would be large buffers left in place to protect the adjoining streets and properties. Staff stated the request being considered by the Commission was a variance the Commission had the ability to approve without any ordinance modifications. Staff stated March 29, 2012 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: LA-0042 5 the request was to grade a multi-phase development without construction being imminent on any portion of the Phase II area. Staff stated the ordinance amendment was to allow grading and clearing of site where no construction was imminent on any phase of the development. Staff stated typically buffers between like uses was not required. Staff stated buffering was typically placed between non residential or multi- family developments and single-family developments. Mr. Thomas Pownall addressed the Commission as the applicant’s engineer. He stated the property did not extend to Chenal Valley Drive. He stated all areas highlighted would be cleared. He stated the plan did not include any buffers to the south. There was a general discussion by the Commission concerning buffering requirements. The Commission informed Ms. Stibich the request was an advanced grading request and not a plat application. The Commission informed her that once the streets were installed the developer could pull building permits for the new homes and clear the entire area of the lots. Commissioner Nunnley questioned Mr. Smith if he could not begin construction immediately on the homes if he would install trees and shrubs within the buffer area. Mr. Smith stated he could not make that commitment. He stated if for some reason he could not begin construction on the new homes immediately and he was financially able he would installed plantings within the buffer area. 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, 1 no and 1 absent. d Ci a W ct� W 0 0 U) C/7 O 0 Z_ Z Z w F- C) 0 E 73 0 S CM c ay cll 2t w U W r. I Q T r. w d LL) March 29, 2012 There being no further business before the Commission, the meeting was adjourned at 5:44 p.m.