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LITTLE ROCK PLANNING COMMISSION
SUBDIVISION HEARING
SUMMARY AND MINUTE RECORD
AUGUST 2, 2012
4:00 P.M.
I. Roll Call and Finding of a Quorum
A Quorum was present there being eight (8) members present.
II. Members Present: Tom Brock
Alan Bubbus
Janet Dillon
Rebecca Finney
Keith Fountain
Obray Nunnley, Jr.
Amy Pierce
Bill Rector
Members Absent: William Changose
J. T. Ferstl
Dan Harpool
City Attorney: Cindy Dawson
III. Approval of the Minutes of the June 21, 2012 Meeting of the Little Rock
Planning Commission. The Minutes were approved as presented.
LITTLE ROCK PLANNING COMMISSION
SUBDIVISION AGENDA
AUGUST 2, 2012
OLD BUSINESS:
Item Number:
File Number:
Title:
A. Z-6467-C Custom Auto Sales Short-form PCD, located at 5301
Mabelvale Pike.
B. Z-8775 The Castle on Stagecoach Short-form PD-C, located at
6601 Stagecoach Road.
C. Z-8762 Luer Short-form PCD, located at 3400 – 3418 Baseline
Road and 8820 Mize Road.
NEW BUSINESS:
I. PRELIMINARY PLAT:
Item Number:
File Number:
Title:
1. S-1688 Martha’s Garden Addition Preliminary Plat, located at
14700 Shepard Drive.
II. SITE PLAN REVIEW:
Item Number:
File Number:
Title:
2. S-1687 4625 Geyer Springs Cut-off Subdivision Site Plan Review,
located at 4625 Geyer Springs Cut-off.
Agenda, Page Two
III. PLANNED DEVELOPMENTS:
Item Number:
File Number:
Title:
3. Z-4343-AA Saddle Creek Short-form PCD, located on the Northeast
corner of Ranch Boulevard and Cantrell Road.
4. Z-4343-BB Parkland Heights Revised Long-form PD-R, located North
of Chenonceau Boulevard and East of Patrick County
Road.
5. Z-5787-C Whole Foods Revised Short-form PCD, located on the
Northeast corner of Chenal Parkway and Bowman Road.
6. Z-6179-C Splash Carwash Revised Short-form PCD, located at
14103 Cantrell Road.
7. Z-7351-E Jive and Java Bistro Coffee Shop Short-form PCD,
located at 8108 Stagecoach Road.
8. Z-7603-G Cantrell Falls Revised Long-form PCD, located at 14910
Cantrell Road.
9. Z-8101-B Bishop Street Short-form PCD, located North of Daisy L
Gatson Bates Drive between Martin Luther King
Boulevard and Bishop Street.
10. Z-8383-A 4305 North Lookout Short-form PD-R, located at 4305
North Lookout.
11. Z-8397-B Library Arcade Building Short-form PCD, located at 100
River Market Avenue.
12. Z-8605-A Lot 1 Edwards Subdivision Short-form PD-C, located at
11601 Kanis Road.
13. Z-8787 Abundant Grace Apostolic Church Short-form PID,
located at 7601 Scott Hamilton Drive.
14. Z-8788 McDaniel Short-form PID, located at 3015 Asher Avenue.
Agenda, Page Three
IV. OTHER ITEMS:
Item Number:
File Number:
Title:
15. LA-0046 The Divide Parkway Land Alteration Ordinance Variance
Request, located on the Divide Parkway just North of
Chenal Parkway.
16. LA-0047 Second Baptist Church Land Alteration Ordinance
Variance Request, located at 1709 John Barrow Road.
17. MSP 12-04 A Master Street Plan Amendment located on Chenal
Parkway between Autumn Road and Bowman Road.
August 2, 2012
ITEM NO.: A FILE NO.: Z-6467-C
NAME: Custom Auto Sales Short-form PCD
LOCATION: Located at 5301 Mabelvale Pike
DEVELOPER:
Nehemiah Robinson
10008 Foster Cove
Little Rock, AR 72209
SURVEYOR:
Donald Brooks Surveying
20820 Arch Street Pike
Hensley, AR 72065
AREA: 0.28 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
CURRENT ZONING: C-3, General Commercial District
ALLOWED USES: General Retail - Indoor
PROPOSED ZONING: PCD
PROPOSED USE: Add automobile sales as an allowable use
VARIANCES/WAIVERS REQUESTED: None requested.
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
The applicant is requesting a rezoning of the property located at 5301 Mabelvale
Pike from C-3, General Commercial District to Planned Commercial
Development (PCD) to add automobile sales as an allowable use. According to
the applicant the property was previously an auto detail business as recently as
one-year ago. The cover letter states the applicant plans to make improvements
to the site such as adding lighting, improved fencing, additional concrete for
parking, painting the structure, installation of a security system with video and
improving the overall atmosphere of the property and surrounding area.
August 2, 2012
SUBDIVISION
ITEM NO.: A (Cont.) FILE NO.: Z-6467-C
2
The applicant is requesting to maintain the C-3, General Commercial District
zoning designation as alternative uses for the property.
B. EXISTING CONDITIONS:
The original construction appears to be a gas station but has been a number of
uses in the past including auto repair and auto detailing. The applicant is
currently displaying automobiles for sale on the site which is a violation of the
existing zoning. The building is located at the intersection of West 53rd Street
and Mabelvale Pike. Within this immediate area there are two schools, an
apartment complex, several office and retail uses. There are also single-family
homes within the immediate area including homes located to the east and
northeast of the site.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has received several informational phone calls from area
residents. All property owners within 200-feet of the site, the Geyer Springs
Neighborhood Association and Southwest Little Rock United for Progress were
notified of the public hearing.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Right-of-way should be dedicated to the back of the sidewalk if not already
dedicated. Records should be checked.
2. Remove the northern most driveway and curb cut.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer available to this project.
Entergy: A 30-foot over head easement is required per Entergy (15-feet on
each side of center of existing line serving the building). Contact Entergy at
954-5151 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
August 2, 2012
SUBDIVISION
ITEM NO.: A (Cont.) FILE NO.: Z-6467-C
3
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) are 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 10 days of
installation and annually thereafter. Contact the Cross Connection Section at
377-1226 if you would like to discuss backflow prevention requirements for this
project.
Fire Department: Place fire hydrants per code. Maintain a minimum access of
20-feet around the site’s perimeter. Contact the Little Rock Fire Department for
additional information.
County Planning: No comment.
CATA: CATA Bus Routes #17, the Mabelvale-Downtown and #17A, the
Mabelvale – UALR Routes run along South University Avenue which is just west
of this site.
Parks and Recreation: No comment received.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: This request is located in the 65th Street East Planning
District. The Land Use Plan shows Commercial (C) for this property. The
commercial category includes a broad range of retail and wholesale sales of
products, personal and professional services, and general business activities.
Commercial activities vary in type and scale, depending on the trade area that
they serve. The applicant has applied for a rezoning from C-3 (General
Commercial District) to PCD (Planned Commercial District) to add automobile
sales as an allowable use on this site.
August 2, 2012
SUBDIVISION
ITEM NO.: A (Cont.) FILE NO.: Z-6467-C
4
Master Street Plan: Mabelvale Pike is a Minor Arterial on the Master Street Plan.
A Minor Arterial provides connections to and through an urban area and their
primary function is to provide short distance travel within the urbanized area.
Entrances and exits should be limited to minimize negative effects of traffic and
pedestrians on Fair Park Boulevard since it is a Minor Arterial. This street may
require dedication of right-of-way and may require street improvements for
entrances and exits to the site.
Bicycle Plan: Class II Bike Lanes are shown along Mabelvale Pike. 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. The property to the east 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 eastern perimeter of
the site.
3. If the rehabilitation costs of the project exceed fifty percent (50%) or more of
the replacement cost of the building, then the landscape and buffer
ordinances must come into compliance proportionately.
4. Any/all new parking must be landscaped per Chapter 15 of the City of Little
Rock Code of Ordinances (the Landscape Ordinance).
G. SUBDIVISION COMMITTEE COMMENT: (May 31, 2012)
The applicant was present. Staff presented an overview of the development
stating there were a number of outstanding questions associated with the
request. Staff requested the applicant provide a survey which indicated the
former right of way dedication. Staff also questioned where the automobiles
would be displayed on the site. Staff noted no display was allowed within the first
20-feet of the front yard setback. Staff also requested the applicant provide
details of any proposed fencing.
Public Works comments were addressed. Staff stated the northern most drive
was to be removed. Staff stated right of way was to be dedicated to the back of
the sidewalk if not already dedicated.
Landscaping comments were addressed. Staff stated the property to the east
was zoned residentially and would require the installation of an opaque screen.
Staff also stated if rehabilitation cost of the project exceeded 50% of the
August 2, 2012
SUBDIVISION
ITEM NO.: A (Cont.) FILE NO.: Z-6467-C
5
replacement cost of the building then the landscape and buffer ordinances were
to come into compliance proportionately.
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 survey and provided responses to comments
raised at the May 31, 2012, Subdivision Committee meeting. The surveyor can
not find the right of way dedication for Mabelvale Pike and has prepared a legal
description for the right of way from centerline to the back of the sidewalk. The
applicant has indicated a solid screen will be placed along the eastern perimeter
adjacent to the residential uses. The applicant has not addressed Public Works
concern related to removal of the northern most drive on Mabelvale Pike.
The request is to rezone the site from C-3, General Commercial District to PCD
to add automobile sales as an allowable use for the site. The applicant has
indicated 10 to 20 cars will be displayed on the site for sale. A portion of the
display area will be located within the first 20-feet of the required front yard
setback. The applicant is proposing to maintain the existing C-3, General
Commercial District uses as allowable uses for the site.
Section 36-302(b)(5) states there shall be no open display of any kind
whatsoever in the first twenty (20) feet of the required front yard setback. The
request includes the allowance of parking within the first 20-feet of the front
setback. The site is a small site with little area for display located outside the
front 20-foot building setback. The applicant has outlined where detailing of
automobiles will take place nor has the applicant indicated where mechanical
work will be performed. The hours of operation are from 8 am to 7 pm Monday
through Saturday. There is to be no unloading of vehicles within the public right
of way allowed.
Staff is not supportive of the request. Staff also does not support the allowance
of display of vehicles within the first 20-feet of the front setback. The zoning
ordinance specifically states there shall be no open display of any kind
whatsoever within the first twenty (20) feet of the required front yard setback.
Based on the site layout and size there is little area left over for display located
outside the front 20-foot setback. Staff does not feel this is an appropriate
location for automobile sales.
August 2, 2012
SUBDIVISION
ITEM NO.: A (Cont.) FILE NO.: Z-6467-C
6
I. STAFF RECOMMENDATION:
Staff recommends denial of the request.
PLANNING COMMISSION ACTION: (JUNE 21, 2012)
The applicant was not present. There were no registered objectors present. Staff
presented the item stating the applicant had failed to respond to comments raised at the
May 31, 2012, Subdivision Committee meeting. Staff presented a recommendation of
deferral of the item to the August 2, 2012, public hearing.
There was no further discussion of the item. The item was placed on the consent
agenda and approved as recommended by staff by a vote of 11 ayes, 0 noes and
0 absent.
PLANNING COMMISSION ACTION: (AUGUST 2, 2012)
The applicant was not present. Staff presented a recommendation of deferral of the
item to the September 13, 2012, public hearing.
There was no further discussion of the item. The Chair entertained a motion for
approval of the deferral as recommended by staff. The motion carried by a vote of
8 ayes, 0 noes and 3 absent.
August 2, 2012
ITEM NO.: B FILE NO.: Z-8775
NAME: The Castle on Stagecoach Short-form PD-C
LOCATION: Located at 6601 Stagecoach Road
DEVELOPER:
The Castle on Stagecoach LLC
Walter Rognrud and Kevin Blazer
6601 Stagecoach Road
Little Rock, AR 72204
SURVEYOR:
Donald Brooks Surveying
20820 Arch Street Pike
Hensley, AR 72065
AREA: 9.5 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
CURRENT ZONING: R-2, Single-family
ALLOWED USES: Single-family residential
PROPOSED ZONING: PD-C
PROPOSED USE: Single-family and Special events center
VARIANCES/WAIVERS REQUESTED: None requested.
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
The request is a rezoning from R-2, Single-family to Planned Development
Commercial (PD-C) to allow a portion of the applicant’s property to be used for
outdoor venues. The applicant indicates the site will be available for outdoor
venues such as, weddings, company parties, corporate events, picnics, birthday
parties, etc. The cover letter states although the property contains approximately
80 acres, the area to be used for the outdoor venues is an area containing
9.5 acres located behind the house (the Castle) between the pond and the
out-buildings of the Castle. No new construction is proposed with the rezoning
request.
August 2, 2012
SUBDIVISION
ITEM NO.: B (Cont.) FILE NO.: Z-8775
2
The outdoor venues will potentially use tents for shelter in case of rain. The tents
will be rented from local businesses and set up on the day of the venue and
promptly removed after the event is over. Entertainment such as, small bands,
DJ music will be allowed during the outdoor venues. The applicant does not
foresee any disturbance caused by noise to their neighbors based on the
distance the homes are from the portion of the property being used for the
outdoor venues.
For the venues, portables restroom facilities will be brought to the site. Food and
beverages will be provided by catering companies who will deliver food to the
property. Trash will be removed by the clients, various vendors or the Castle
property owners depending on the amount of trash generated by the venue.
The applicant has indicated they have become a Community Partner with Dodd
Elementary and look forward working with several events coming up for the
school. In exchange, the School has given the Castle LLC permission and
access to their parking lot for patrons to park for venues at the Castle property.
According to the applicant traffic should not be a problem, since most events are
held on the weekends. The Dodd Elementary School parking area is located
where guest can easily access the Castle property.
Emergency vehicle access may be reached by one (1) of three (3) gates. The
gates are located at the main entrance to the Castle at 6601 Stagecoach Road or
there are two (2) gates at the end of E. David O. Dodd Road.
B. EXISTING CONDITIONS:
Dodd Elementary School is located to the east and there are non-residential uses
located to the north across Stagecoach Road on Brodie Lane. The remainder of
the area is primarily single-family. North of the site on David O Dodd Road are
two (2) new single-family subdivisions with one, Woodridge Estates, appearing to
be fully developed. The Waters Edge Subdivision was approved with multiple
phases and has not fully developed. Greenwood Acres is also a developing
single-family subdivision located to the north bounded by Stagecoach, Lanehart,
Herndon and McPherson Roads.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has received a number of informational phone calls from
area residents. All property owners located within 200-feet of the site, the
Stagecoach Dodd Neighborhood Association and Southwest Little Rock United
for Progress were notified of the application request.
August 2, 2012
SUBDIVISION
ITEM NO.: B (Cont.) FILE NO.: Z-8775
3
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Stagecoach Road is classified on the Master Street Plan as a principal
arterial. Dedication of right-of-way to 55 feet from centerline will be required.
2. If future site development occurs, provide the design of street conforming to
the Master Street Plan. Construct one-half street improvements to
Stagecoach Road including 5-foot sidewalk with any future development.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer available to this project.
Entergy: A 10-foot easement, 5-feet on either side of the existing Entergy facility
is required. Contact Entergy at 954-5151 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. 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) are 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 10 days of
installation and annually thereafter. Contact the Cross Connection Section at
August 2, 2012
SUBDIVISION
ITEM NO.: B (Cont.) FILE NO.: Z-8775
4
377-1226 if you would like to discuss backflow prevention requirements for this
project. A short water main extension may be needed to provide water service
to this property. The facilities on-site will be private. When meters are planned
off private lines, private facilities shall be installed to Central Arkansas Water’s
material and construction specifications and installation will be inspected by an
engineer, licensed to practice in the State of Arkansas. Execution of Customer
Owned Line Agreement is required.
Fire Department: Place fire hydrants per code. Maintain a minimum access of
20-feet around the site. 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 65th Street West 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-2
(Single Family District) to PDC (Planned District Commercial) to allow for outdoor
venues on this site along with the continued single-family use.
Master Street Plan: Stagecoach Road is a Principal Arterial on the Master Street
Plan. A Principal Arterial is to serve through traffic and to connect major traffic
generators or activity centers within the urbanized area. Entrances and exits
should be limited to minimize negative effects of traffic and pedestrians on
Baseline Road. This street may require dedication of right-of-way and may
require street improvements for entrances and exits to the site.
Bicycle Plan: Class II Bike Lanes are shown along Stagecoach Road. Bike
lanes provide a portion of the pavement for the sole use of bicycles.
August 2, 2012
SUBDIVISION
ITEM NO.: B (Cont.) FILE NO.: Z-8775
5
Landscape:
1. Site plan must comply with the City’s landscape and buffer ordinance
requirements.
G. SUBDIVISION COMMITTEE COMMENT: (May 31, 2012)
The applicant was present. Staff presented an overview of the item stating there
were a number of questions in need of answering before the item was presented
to the full Commission for final action. Staff questioned if outdoor music would
be utilized and if music would be played staff requested the applicant provide a
plan indicating the placement of speakers and the stage. Staff questioned the
days and hours the events would occur. Staff stated the cover letter indicated
the applicant had an agreement with the David O Dodd Elementary School for
use of their parking lot. Staff requested the applicant provide a copy of the
agreement with the Subdivision Committee responses. Staff also questioned the
types of events that would be held.
Public Works comments were addressed. Staff stated a right of way dedication
55-feet from centerline would be required to comply with the City’s Master Street
Plan. Staff stated if the bridge was located within the dedication area the
dedication would go around the bridge.
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 May 31, 2012, Subdivision Committee meeting. The applicant has
provided a written agreement from Dodd Elementary School for use of their
parking lot for outdoor venues held on the Castle property. The applicant has
also provided a plan indicating the stage placement and the direction of
speakers. The applicant has indicated the venues will be held Monday through
Sunday and end by 11 pm. The typical time frame for the each venue is four (4)
to six (6) hours.
The revised cover letter states there are 90 marked parking spaces within the
parking lots of the David O Dodd Elementary School. Parking on the Castle
property is also available within a grassed field which will provide an additional
40 parking spaces. No new permanent site lighting will be located on the site.
All lighting for events will be directional, directed downward and into the site to
not cause an overspill onto adjacent properties.
August 2, 2012
SUBDIVISION
ITEM NO.: B (Cont.) FILE NO.: Z-8775
6
The applicant has indicated no new fencing will be installed around the site.
There is existing fencing located on the southern perimeter. There will not be
any permanent signage placed on the site.
The applicant has not requested the approval be non-transferable to future
owners of the property or the business owners. Staff recommends if approved
the use of the site for outdoor venues be limited to the ownership of the Castle on
Stagecoach, LLC and not be transferable.
The City’s Zoning Ordinance defines an events center as any privately owned
property, building or portion of a building, the primary purposes of which is to be
rented or leased for parties, entertainment functions, conventions, conferences,
seminars, assemblies or meetings. The definition does not include facilities such
as banquet halls or meeting facilities which are ancillary uses to a permitted use.
The development standards and review standards for event centers are within
the Conditional Use Permit Division or the Zoning Ordinance. The ordinance
states the Planning Commission must review the separation of the facilities to
limit the impact on the neighborhood. The ordinance states an event center shall
not be located within 750 feet of the following: a church, a sexually-oriented
business as defined by Chapter 17 of the Code of Ordinances, a public or private
elementary, secondary or post-secondary school, a daycare center or any facility
that operates programs for children or youth, any single-family or multi-family
residential use, except a hotel or motel or residential use that is within a unified
development that contains both the event center and the residential use. The
measurement is to be made in a straight line, without regard to intervening
structures or objects, from the nearest portion of a building or structure proposed
for occupancy as an event center to the nearest property line of any of the above
uses.
At the time of this writing staff is waiting on an opinion by the City Attorney’s
office concerning the recently adopted regulations for event centers and their
possible impact on this PD-C rezoning request.
I. STAFF RECOMMENDATION:
Staff recommendation forthcoming.
August 2, 2012
SUBDIVISION
ITEM NO.: B (Cont.) FILE NO.: Z-8775
7
PLANNING COMMISSION ACTION: (JUNE 21, 2012)
The applicant was not present. There were no registered objectors present. Staff
presented the item with a recommendation of deferral of the item to the August 2, 2012,
public hearing to allow staff additional time to review the zoning ordinance with regard to
the placement of special events centers.
There was no further discussion of the item. The item was placed on the consent
agenda and approved as recommended by staff by a vote of 11 ayes, 0 noes and
0 absent.
STAFF UPDATE:
Staff recommends deferral of this item to the August 30, 2012 public hearing to allow
additional time to review the spacing requirements for events centers.
PLANNING COMMISSION ACTION: (AUGUST 2, 2012)
The applicant was not present. There were no registered objectors present. Staff
presented the item with a recommendation of deferral of the item to the August 30, 2012
public hearing to allow additional time to review the spacing requirements for events
centers.
There was no further discussion of the item. The Chair entertained a motion for
placement of the item of the Consent Agenda for approval as recommended by staff.
The motion carried by a vote of 8 ayes, 0 noes and 3 absent.
August 2, 2012
ITEM NO.: C FILE NO.: Z-8762
NAME: Luer Short-form PCD
LOCATION: Located at 3400 – 3418 Baseline Road and 8820 Mize Road
DEVELOPER:
Jon Luer
28 Club Manor Drive
Maumelle, AR 72113
SURVEYOR:
Donald Brooks Surveying
20820 Arch Street Pike
Hensley, AR 72065
AREA: 2.24 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
CURRENT ZONING: R-2, Single-family
ALLOWED USES: Single-family residential
PROPOSED ZONING: PCD
PROPOSED USE: Tire store, Appliance sales and repair, Fitness center, Daycare
center, Mixed Office and Retail, General and Professional Office
VARIANCES/WAIVERS REQUESTED: None requested.
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
The 2.24 acre tract located at the northwest corner of Baseline and Mize Roads
contains two (2) non-residential buildings, two (2) single-family residential
structures and a host of small accessory structures. The site is non-conforming
in that it was developed prior to annexation.
Each of the two (2) non-residential buildings is approximately 4,080 square feet
in size. One building (Building 1) contains a tire shop. The second building
(Building 2) is divided into two (2) bays. One (1) bay is currently vacant and the
second currently house an appliance repair shop. The business occupied the
structure prior to receiving proper zoning approval.
August 2, 2012
SUBDIVISION
ITEM NO.: C (Cont.) FILE NO.: Z-8762
2
The applicant is requesting approval of PCD zoning to recognize the existing tire
shop, to allow the appliance repair and to allow a variety of alternative uses in
either of the non-residential buildings.
The two (2) residential structures will continue to remain as single-family
residential.
B. EXISTING CONDITIONS:
There are a number of buildings on the site containing both residential and
non-residential uses. The building on the corner of Mize and Baseline Roads
has been divided into two (2) bays. One (1) of the bays is currently occupied by
an appliance repair shop. There are a number of appliances located outside the
building and the owner was repairing an appliance outside on the day of the site
visit. The other bay appears to be vacant. There is also a tire store located on
the property with two driveways extending from Baseline Road. There are waste
tires being stored outside the building along the eastern side of the building.
There are two single-family homes located on the site. One is located on
Baseline Road and the second is on Mize Road.
Other uses in the area include a church across Baseline Road to the south. An
empty retail building is located to the southwest and a multi-family development
is located to the southeast. North of the site is a single-family neighborhood.
Across Mize Road is a property zoned PCD which was approved for
neighborhood commercial uses.
Baseline Road has been constructed with curb, gutter and sidewalk. Mize Road
is an unimproved street with open ditches for drainage.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has received a number of informational phone calls from
area residents. All property owners located within 200-feet of the site, Southwest
Little Rock United for Progress and the Upper Baseline Neighborhood
Association were notified of the request.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. A subject property lies within the 100 year floodplain of Little Fourche Creek.
Any construction of a new structure must be built in compliance with the Little
August 2, 2012
SUBDIVISION
ITEM NO.: C (Cont.) FILE NO.: Z-8762
3
Rock Floodplain Code. The finished floor of the new structure must be
elevated to at least one (1) foot above the base flood elevation (257'). An
expansion or remodeling of an existing structure that exceeds 50% of the
market value of the existing structure must comply with the Little Rock
Floodplain Code. Specifically the finished floor of the entire structure must be
raised to at least one (1) foot above the base flood elevation (257'). If the
expansion of an existing structure does not exceed 50% of the market value
of the existing structure, the expansion must comply with the Little Rock
Floodplain Code. Specifically the finished floor of the expansion must be
raised to at least one (1) foot above the base flood elevation (257'). If the
existing structures is only improved and does not exceed 50% of the market
value of the existing structure, the improved structure does not have to
comply with the Little Rock Floodplain Code.
2. If the site further develops, provide design of street conforming to the Master
Street Plan. Construct one-half street improvement to Mize Road including
5-foot sidewalk with the planned development.
3. A 20 foot radial dedication of right-of-way is required at the intersection of
Mize Road and Baseline Road.
4. Only one curb cut is allowed of Baseline Road. The remaining curb cut
should be removed.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer available to this project.
Entergy: A 30-foot easements is required along Baseline Road to accommodate
a 3-phase overhead power line. 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
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
August 2, 2012
SUBDIVISION
ITEM NO.: C (Cont.) FILE NO.: Z-8762
4
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 access at least 20-feet
wide. 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 Geyer Springs East Planning
District. The Land Use Plan shows Mixed Office Commercial (MOC) for this
property. The Mixed Office Commercial category provides for a mixture of office
and commercial uses to occur. Acceptable uses are office or mixed office and
commercial. A Planned Zoning District is required if the use is mixed office and
commercial. The applicant has applied for a rezoning from R-2 (Single Family
District) to PCD (Planned Commercial District) to allow for various retail uses on
this already developed site.
Master Street Plan: Baseline Road is a Principal Arterial and Mize Road is a
Local Street. A Principal Arterial is to serve through traffic and to connect major
traffic generators or activity centers within the urbanized area. Entrances and
exits should be limited to minimize negative effects of traffic and pedestrians on
Baseline 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”.
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.
August 2, 2012
SUBDIVISION
ITEM NO.: C (Cont.) FILE NO.: Z-8762
5
Bicycle Plan: A Class II Bike Lanes is shown along Baseline 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/when rehabilitation of any of the structures is requested; each building will
need to come into compliancy with both the zoning buffer ordinance and the
Landscape Ordinance.
3. Any/all new parking will include the addition of landscaping.
4. The City Beautiful Commission recommends preserving as many existing
trees as feasible on this site. Credit toward fulfilling Landscape Ordinance
requirements can be given when preserving trees of six (6) inch caliper or
larger.
G. SUBDIVISION COMMITTEE COMMENT: (April 19, 2012)
Mr. Jon Luer was present representing the request. Staff presented an overview
of the development stating there were a number of outstanding questions related
to the site plan and proposed use of the property in need of addressing prior to
the Commission acting on the request. Staff stated they were unclear on the
proposed use of the property and if there were any alternative uses being
proposed. Staff questioned any upgrades to the site including landscaping and
building renovations. Staff also questioned any proposed signage including
ground and building signage.
Public Works comments were addressed. Staff stated the property was located
within the 100-year flood plan. Staff stated if any upgrades were made to the
building they should be constructed consistent with the City’s Floodplain Code.
Staff also stated additional construction could require the installation of additional
paving along Mize Road.
Landscaping comments were addressed. Staff stated any new parking would
require the addition of landscaping. Staff stated as each building was
redeveloped the site was to come into compliance with the City’s landscape and
buffer ordinances.
There was no further discussion of the item. The Committee then forwarded the
item to the full Commission for final action.
August 2, 2012
SUBDIVISION
ITEM NO.: C (Cont.) FILE NO.: Z-8762
6
H. ANALYSIS:
The applicant submitted a revised cover letter to staff addressing few of the
outstanding technical issues associated with the request. The applicant has
indicated the proposed use of the property will include a tire store, appliance
sales and repair, fitness center, daycare center, general and professional office
and mixed office and retail. The days and hours of operation are seven (7) days
per week from 7 am to 9 pm.
The applicant has indicated a single ground sign will be utilized. There is an
existing 12-foot pole located along Baseline Road which will be topped with a
sign. The applicant has not indicated the total sign area proposed for the ground
signage. Building signage is proposed on the facades with street frontage for the
non-residential buildings. The signage will comply with the typical standards of
the zoning ordinance for wall signage allowed in commercial zones.
The applicant has indicated landscaping will be added along the west side of the
eastern building (Building 2). The bed is proposed 20-feet in length extending
along side the building turning to the west and extending 20-feet in length. The
bed is proposed seven (7) feet in width. A second bed is proposed along the
east side of the tire shop. The bed is proposed as 7-feet wide by 10-feet in
length.
There are currently three drives accessing the site from Baseline Road. Access
to the commercial area from Mize Road is also available since there is not curb
or sidewalk and the edge of pavement extends to the street. Staff recommends
one of the drives from Baseline Road be removed and access from Mize Road
be disconnected. The eastern building is setback approximately 25-feet from
Baseline Road. The applicant has stated the drives on Baseline Road and
access from Mize Road is necessary to allow for traffic to maneuver on the site.
There is not a defined parking area on the site. Currently automobiles parallel
park in front of the building and enter and exit onto Mize Road or use the eastern
most driveway on Baseline Road. There is not adequate area for parking and
maneuvering in front of the building without utilizing both existing drives.
Although not striped or clearly defined there appears to be ample parking in front
of the tire store.
The two homes located on the site are proposed to remain residential.
Staff is not supportive of the request. The applicant is proposing limited site
upgrades/improvements with the rezoning request. Based on the overall site and
the limited parking available staff does not feel a number of the uses proposed
August 2, 2012
SUBDIVISION
ITEM NO.: C (Cont.) FILE NO.: Z-8762
7
can be adequately served by the available parking. These two (2) buildings were
constructed as non-residential buildings prior to the area being annexed into the
City and the widening of Baseline Road. The widening has limited the parking
available in front of the building located at 3400 Baseline Road. The applicant
is not proposing to remove the driveway from Baseline Road nor limit access
from Mize Road. This area contains a number of residential uses including a
single-family neighborhood to the north and a multi-family complex to the
southeast. Although the site has a history of non-residential uses staff does not
feel the request as proposed is appropriate.
I. STAFF RECOMMENDATION:
Staff recommends denial of the request.
PLANNING COMMISSION ACTION: (MAY 10, 2012)
The applicant was not present. There were no registered objectors present. Staff
presented the item with a recommendation of deferral of the item to the June 21, 2012,
public hearing. Staff stated the deferral was necessary to allow staff additional time to
review the existing non-conforming status.
There was no further discussion of the item. The Chair entertained a motion for
approval of the item as presented by staff on the Consent Agenda. The motion carried
by a vote of 9 ayes, 0 noes and 2 absent.
STAFF UPDATE:
The applicant submitted a request dated May 30, 2012, requesting deferral of this item
to the August 2, 2012, public hearing. Staff is supportive of the deferral request.
PLANNING COMMISSION ACTION: (JUNE 21, 2012)
The applicant was not present. There were no registered objectors present. Staff
presented the item stating the applicant had submitted a request dated May 30, 2012,
requesting a deferral of the item to the August 2, 2012, public hearing. Staff stated they
were supportive of the deferral request.
August 2, 2012
SUBDIVISION
ITEM NO.: C (Cont.) FILE NO.: Z-8762
8
There was no further discussion of the item. The item was placed on the consent
agenda and approved as recommended by staff by a vote of 11 ayes, 0 noes and
0 absent.
STAFF UPDATE:
There has been no change to this application request since the original staff write-up
and recommendation. Staff continues to recommend denial of the request.
PLANNING COMMISSION ACTION: (AUGUST 2, 2012)
Mr. Jon Luer was present representing the request. There was one registered objector
present. Staff presented the item with a recommendation of denial due to the fact the
owner was not proposing to enhance the site with additional landscaping nor to remove
drives on Mize Road and Baseline Road as requested by staff.
Mr. Luer addressed the Commission stating he was willing to install landscaping and
remove the drives as requested by staff. He stated he had purchased the property as
commercial property and wished to retain the commercial aspect of the development.
He stated he would yield his time to answer questions raised by the opposition.
Acting Chair Rector questioned if Mr. Luer’s agreement to install landscaping and
remove the driveways changed staff’s position. Mr. Tony Bozyunski, Director of
Planning and Development, stated since the site was over 2 acres Mr. Luer would be
required to retain a landscape architect to prepare the landscape plan. He stated based
on the commitment to provide landscape enhancements to the site and to remove the
drives on Baseline and Mize Roads staff was supportive of the request.
Ms. Pat Gee, President of Upper Baseline Neighborhood Association and Vice
President of Southwest United for Progress, addressed the Commission with concerns.
She stated the neighbors did not want the home located on Baseline Road nor the
home located on Mize Road to become commercial. She stated the neighborhood
wanted assurance from Mr. Luer the homes would remain residential for the long term.
Mr. Luer stated he had no intention of converting the homes into a business nor
allowing any business activity to occur from the homes.
There was no further discussion of the item by the Commission. The chair entertained
a motion for approval of the item as amended by the applicant to provide a landscape
plan to staff and to remove one of the drives from Baseline Road and the driveway on
August 2, 2012
SUBDIVISION
ITEM NO.: C (Cont.) FILE NO.: Z-8762
9
Mize Road. Staff noted the item would not be forwarded to the Board of Directors for
final action until the landscape plan had been received by staff. The motion carried by a
vote of 8 ayes, 0 noes and 3 absent.
August 2, 2012
ITEM NO.: 1 FILE NO.: S-1688
NAME: Martha’s Garden Addition Preliminary Plat
LOCATION: Located at 14700 Shepard Drive
DEVELOPER:
HBH Builders Inc
2414 North Grant Street
Little Rock, AR 72205
ENGINEER:
White-Daters and Associates
24 Rahling Circle
Little Rock, AR 72223
AREA: 2.0 acres NUMBER OF LOTS: 10 FT. NEW STREET: 280 LF
CURRENT ZONING: R-2, Single-family
PLANNING DISTRICT: 1 – River Mountain
CENSUS TRACT: 42.14
VARIANCES/WAIVERS REQUESTED:
1. Section 36-254(d)(1) Front Yard Setback – There shall be a front yard setback
having a depth of not less than twenty-five (25) feet. 15-foot front yard setback
2. Section 36-254(d)(2) Side yard setback – There shall be a side yard set-back on
each side of the building having a width of not less than ten percent of the average
width of the lot, not to exceed eight feet. 5-foot side yard setback
3. Section 36-254(d)(3) Rear yard setback – There shall be a rear yard setback
having a depth of not less than twenty-five feet. In the case of a corner lot,
however, when providing a twenty-five foot exterior side yard, the rear yard may be
reduced to not less than eight feet.
4. Section 36-254(d)(4) lot are regulations - There shall be a lot area of not less than
seven thousand (7,000) square feet. In addition, there shall be a minimum lot width
of not less than sixty (60) feet and a minimum lot depth of not less than one
hundred (100) feet. For purposes of zero-lot-line lots, the minimum lot width may
August 2, 2012
SUBDIVISION
ITEM NO.: 1 (Cont.) FILE NO.: S-1688
2
be reduced to not less than thirty-five (35) feet. The lot area shall not be less than
four thousand (4,000) square feet.
5. Section 31-202(a) Dead end streets and cul de sac – Where a street does not
extend to the boundary of a subdivision, and it continuation is not necessary for
access to the adjoining property, its terminus shall not be closer than fifty feet to
such boundary.
6. Section 31-232(d) Double frontage lots are prohibited. However, where a
subdivision abuts or contains an existing or proposed arterial street, freeway,
expressway, or railroad right of way reverse frontage lots are permitted. Double
frontage lots may also be used to facilitate residential developments in hillside
areas.
7. Section 31-257 Double frontage lots – Along arterial streets in proposed
subdivisions where it is desirable to limit curb cut access, building lines shall be
established on both frontages of double frontage lots. Along the line of lots
abutting such traffic artery, a restricted access easement of al least ten feet, across
which there shall be no right of vehicular access permitted, shall be provided.
8. Section 31-256(2) Residential lots abutting a minor arterial street shall have a
platted building line of not less than thirty-five (35) feet from the right of way line.
9. Section 31-256(1) Residential lots fronting a collector street shall have a platted
building line not less than thirty (30) feet from the right of way line.
10. A variance from the City’s Land Alteration Ordinance to allow grading of the lots
with the installation of the basic infrastructure.
11. A variance to allow payment in-lieu of constructing on-site stormwater detention.
12. A variance from the Master Street Plan and the Subdivision Ordinance to allow the
intersection spacing for the proposed new street to Taylor Loop Road less than
typically required.
13. A variance from the Master Street Plan and the Subdivision Ordinance to allow a
reduced distance for the proposed street from eastern property line.
14. Section 36-516(e)(1) Fences and Walls - [Height and area regulations.] Fences
meeting zoning and subdivision ordinance setback requirements may be
constructed to district height as permitted within the residential zoning district -
Between a required building setback line and a street right-of-way, the maximum
height shall be four (4) feet. Other fences may be erected to a maximum height of
six (6) feet. - 8-foot tall privacy fence along Taylor Loop Road
August 2, 2012
SUBDIVISION
ITEM NO.: 1 (Cont.) FILE NO.: S-1688
3
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
The developer proposes 10 patio homes with a single public street taking access
from Shepard Drive. Utilities are available to the site. All adjacent street
improvements are completed including sidewalk. The developer is requesting
in-lieu stormwater detention as the existing drainage facilities are adequate. The
developer is requesting several variances in order to create a “Patio Home” style
development similar to those developed in the past 5 to 10 years. Proposed
homes will be in the 2,000 to 3,000 square foot range with finished pricing in the
$130 per foot range. The developer believes that redevelopment of this parcel
will increase property values in the existing neighborhood while introducing new
construction.
B. EXISTING CONDITIONS:
There is a single-family home located on one of the lots and the second lot is
vacant. Shepard Drive is a collector street with sidewalk constructed on the
south side. Taylor Loop Road is an arterial with the sidewalk constructed
adjacent to the site. There are single-family homes located in the immediate
vicinity of the proposed subdivision located in the Secluded Hills, the Secluded
Hills Estates and the Westchester Subdivisions. North of the site is a commercial
node located at the intersection of Cantrell Road and Taylor Loop Road with a
number of planned development zonings including a dental clinic, banks, Easter
Seals training and wellness center and general retail.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has received several informational phone calls from area
residents. All abutting property owners, the Secluded Hills Property Owners
Association, the Westbury Neighborhood Association and the Westchester
Property Owners Association were notified of the public hearing.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Repair or replace any curb and gutter or sidewalk that is damaged in the
public right-of-way prior to occupancy.
2. 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).
August 2, 2012
SUBDIVISION
ITEM NO.: 1 (Cont.) FILE NO.: S-1688
4
3. Hammerheads should be designed to be at least 80 feet in length and the
same width as the street with a 20 foot curb radius.
4. Per Chapter 31-202, the hammerhead must be located a minimum 50-feet
from the property line.
5. A grading permit in accordance with Section 29-186 (c) and (d) will be
required prior to any land clearing or grading activities at the site. Other
than residential subdivisions, site grading and drainage plans must be
submitted and approved prior to the start of construction. A variance must
be requested to advance grade the lots.
6. Stormwater detention ordinance applies to this property. Show the
proposed location for stormwater detention facilities on the plan. Staff
cannot recommend approval of a payment in-lieu of detention.
7. If disturbed area is one (1) or more acres, obtain a NPDES stormwater
permit from the Arkansas Department of Environmental Quality prior to the
start of construction.
8. Street names and street naming conventions must be approved by Public
Works. Contact David Hathcock at (501) 371-4808.
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 for
additional information.
11. Per the Master Street Plan, parking is restricted to one side of the street on
a 24 feet wide street. Show on the plan now and on the final plat and bill of
assurance, the area along the street where parking is allowed.
12. Vegetation must be established on disturbed area within 21 days of
completion of harvest activities.
13. Close all existing curb cuts not in use.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer main extension required, with easements, for this project.
Contact Little Rock Wastewater Utility for additional information.
August 2, 2012
SUBDIVISION
ITEM NO.: 1 (Cont.) FILE NO.: S-1688
5
Entergy: Approved as submitted.
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. 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 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. 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 project in
addition to normal charges.
Fire Department: Place fire hydrants per code. Maintain a minimum access of
at least 20-feet. Contact the Little Rock Fire Department for additional
information.
County Planning: No comment.
CATA: The Pinnacle Mountain Express Route (Route #25) runs along Cantrell
Road to the north of this site.
Parks and Recreation: No comment received.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: No comment.
Landscape: No comment.
August 2, 2012
SUBDIVISION
ITEM NO.: 1 (Cont.) FILE NO.: S-1688
6
G. SUBDIVISION COMMITTEE COMMENT: (July 11, 2012)
Mr. Joe White of White-Daters and Associates was present representing the
request. Staff stated there were a number of variances with the proposed plat.
Staff stated the majority of the variances were related to lot development
standards. Staff requested Mr. White provide a copy of the restrictive covenants
for the property.
Public Works comments were addressed. Staff questioned the need to advance
grade the site with the installation of the streets. Staff stated they were not
supportive of the payment in-lieu of stormwater detention. Staff stated
streetlights were required along the abutting streets. Staff also stated parking
would be restricted to one side of the proposed street and requested Mr. White
provide the location of the restricted parking on the proposed plat.
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 July 11, 2012, Subdivision Committee meeting. The
applicant has provided staff with a copy of the Bill of Assurance and restrictive
covenants for the Secluded Hills Estates Subdivision. The BOA was filed August
24, 1964. The BOA states no lot shall be resubdivided into nor shall any dwelling
be erected or placed on any lot or building site having a width of less than sixty
(60) feet at the building line or an area of less than twenty thousand (20,000)
square feet. The covenants are to run with the land for a period of thirty (30)
years and have a ten year renewal. To amend the BOD owners of eighty (80)
percent of the lots must agree to the amendment. Within various sections of the
zoning ordinance the Commission may consider, but is not bound by, the lawful
provisions of a valid bill of assurance for the subdivision within which the property
is located. The revised plat indicates the placement of restricted parking as
requested by Public Works staff. A note on the site plan indicates payment
in-lieu of stormwater detention. Staff is not supportive of the payment and feels
stormwater detention facilities should be provided on-site.
The plat is proposed with ten lots ranging in size from 50-feet by 128-feet to
80-feet by 128-feet. The plat includes reduced lot sizes, reduced platted building
lines, side and rear yard setbacks. Section 36-254(d)(1) states the front yard
setback is to be not less than twenty-five (25) feet. The plat indicates the
placement of a 15-foot front yard setback. Section 36-254(d)(2) states the side
August 2, 2012
SUBDIVISION
ITEM NO.: 1 (Cont.) FILE NO.: S-1688
7
yard set-back on each side of the building is to have a width of not less than ten
percent of the average width of the lot, not to exceed eight (8) feet. The plat is
indicated with a 5-foot side yard setback. Section 36-254(d)(3) states there shall
be a rear yard setback having a depth of not less than twenty-five (25) feet. In
the case of a corner lot, however, when providing a twenty-five (25) foot exterior
side yard, the rear yard may be reduced to not less than eight (8) feet. Section
31-256(2) Residential lots abutting a minor arterial street shall have a platted
building line of not less than thirty-five (35) feet from the right of way line. The
lots are indicated with a twenty-five (25) foot rear yard setback along the eastern
perimeter which is consistent with the typical standards of the zoning district.
The lots abutting Taylor Loop Road, which is an arterial classified street, have a
building setback indicated at twenty-five (25) feet. Section 31-256(1) states
residential lots fronting a collector street shall have a platted building line not less
than thirty (30) feet from the right of way line. Shepard Drive is identified as a
collector street on the master street plan. The building line proposed is
twenty-five (25) feet.
Section 36-254(d)(4) outlines lot area regulations for residential lots. The
ordinance states there shall be a lot area of not less than seven thousand (7,000)
square feet. The minimum lot width is to be not less than sixty (60) feet with a
minimum lot depth of not less than one hundred (100) feet. The plat as proposed
has six of the ten lots with a lot width and lot area less than the typical R-2,
Single-family zoning district.
Section 31-202(a) Dead end streets and cul de sac – Where a street does not
extend to the boundary of a subdivision, and it continuation is not necessary for
access to the adjoining property, its terminus shall not be closer than fifty feet to
such boundary. The plat as proposed indicates the terminus of the street within
22 feet of the northern property line.
Section 31-232(d) Double frontage lots are prohibited. However, where a
subdivision abuts or contains an existing or proposed arterial street, freeway,
expressway, or railroad right of way reverse frontage lots are permitted. Double
frontage lots may also be used to facilitate residential developments in hillside
areas. Section 31-257 Double frontage lots – Along arterial streets in proposed
subdivisions where it is desirable to limit curb cut access, building lines shall be
established on both frontages of double frontage lots. Along the line of lots
abutting such traffic artery, a restricted access easement of at least ten feet,
across which there shall be no right of vehicular access permitted, shall be
provided. The applicant has provided the platted building line as required by the
Subdivision Ordinance.
August 2, 2012
SUBDIVISION
ITEM NO.: 1 (Cont.) FILE NO.: S-1688
8
The request also includes a variance from the City’s Land Alteration Ordinance to
allow grading of the lots with the installation of the basic infrastructure. The
applicant has indicated very little grading is required for the lots. The request to
allow the grading will minimize construction activities on the site thus minimizing
impact on the adjacent properties and streets.
The request also includes a variance from the Master Street Plan and the
Subdivision Ordinance to allow the intersection spacing for the proposed new
street to Taylor Loop Road less than typically required. The ordinance states a
minimum spacing criteria for an arterial street at 300 feet for collector streets or
streets with a higher classification. The distance appears to be 190 feet from
Taylor Loop Road. Minimum spacing from the property line is to be 150 feet.
The drive is indicated near the 150-foot spacing requirement at 145-feet. This
requires a variance from the Master Street Plan and the Subdivision Ordinance
to allow the reduced distance for the proposed street from eastern property line.
Section 36-516(e)(1) Fences and Walls - [Height and area regulations.] Fences
meeting zoning and subdivision ordinance setback requirements may be
constructed to district height as permitted within the residential zoning district -
Between a required building setback line and a street right-of-way, the maximum
height shall be four (4) feet. Other fences may be erected to a maximum height
of six (6) feet. The applicant has indicated the fence will be installed along Taylor
Loop Road to a height of eight (8) feet.
Although there are a number of variance associated with the proposed plat staff
is supportive of the request. The development is proposed very similar to newer
developments in west Little Rock near this site which seem to have an appeal to
young professionals and empty nesters. Staff does not feel the creation of the
ten lots as proposed will adversely impact the area.
I. STAFF RECOMMENDATION:
Staff recommends approval of the request subject to compliance with the
comments and conditions as outlined in paragraphs D, E and F of the agenda
staff report.
Staff recommends approval of the variances associated with the request as
noted with the exception of the variance request to allow an in-lieu contribution
for stormwater detention:
1. Section 36-254(d)(1) Front Yard Setback – There shall be a front
yard setback having a depth of not less than twenty-five (25) feet.
August 2, 2012
SUBDIVISION
ITEM NO.: 1 (Cont.) FILE NO.: S-1688
9
2. Section 36-254(d)(2) Side yard setback – There shall be a side yard
set-back on each side of the building having a width of not less than
ten percent of the average width of the lot, not to exceed eight feet.
3. Section 36-254(d)(3) Rear yard setback – There shall be a rear yard
setback having a depth of not less than twenty-five feet. In the case
of a corner lot, however, when providing a twenty-five foot exterior
side yard, the rear yard may be reduced to not less than eight feet.
4. Section 36-254(d)(4) lot are regulations - There shall be a lot area of
not less than seven thousand (7,000) square feet. In addition, there
shall be a minimum lot width of not less than sixty (60) feet and a
minimum lot depth of not less than one hundred (100) feet.
5. Section 31-202(a) Dead end streets and cul de sac – Where a street
does not extend to the boundary of a subdivision, and it continuation
is not necessary for access to the adjoining property, its terminus
shall not be closer than fifty feet to such boundary.
6. Section 31-232(d) Double frontage lots are prohibited. However,
where a subdivision abuts or contains an existing or proposed arterial
street, freeway, expressway, or railroad right of way reverse frontage
lots are permitted. Double frontage lots may also be used to facilitate
residential developments in hillside areas.
7. Section 31-257 Double frontage lots – Along arterial streets in
proposed subdivisions where it is desirable to limit curb cut access,
building lines shall be established on both frontages of double
frontage lots. Along the line of lots abutting such traffic artery, a
restricted access easement of al least ten feet, across which there
shall be no right of vehicular access permitted, shall be provided.
8. Section 31-256(2) Residential lots abutting a minor arterial street
shall have a platted building line of not less than thirty-five (35) feet
from the right of way line.
9. Section 31-256(1) Residential lots fronting a collector street shall
have a platted building line not less than thirty (30) feet from the right
of way line.
10. A variance from the City’s Land Alteration Ordinance to allow grading
of the lots with the installation of the basic infrastructure.
August 2, 2012
SUBDIVISION
ITEM NO.: 1 (Cont.) FILE NO.: S-1688
10
11. A variance from the Master Street Plan and the Subdivision
Ordinance to allow the intersection spacing for the proposed new
street to Taylor Loop Road less than typically required.
12. A variance from the Master Street Plan and the Subdivision
Ordinance to allow a reduced distance for the proposed street from
eastern property line.
13. Section 36-516(e)(1) Fences and Walls - [Height and area
regulations.] Fences meeting zoning and subdivision ordinance
setback requirements may be constructed to district height as
permitted within the residential zoning district - Between a required
building setback line and a street right-of-way, the maximum height
shall be four (4) feet. Other fences may be erected to a maximum
height of six (6) feet. - 6-foot tall privacy fence along Taylor Loop
Road
PLANNING COMMISSION ACTION: (AUGUST 2, 2012)
The applicant was present. There were no registered objectors present. Staff presented
the item stating the applicant had submitted a request dated July 25, 2012, requesting
withdrawal of this item. Staff stated they were supportive of the withdrawal request.
There was no further discussion of the item. The Chair entertained a motion for
placement of the item of the Consent Agenda for approval as recommended by staff.
The motion carried by a vote of 8 ayes, 0 noes and 3 absent.
August 2, 2012
ITEM NO.: 2 FILE NO.: S-1687
NAME: 4625 Geyer Springs Cut-off Subdivision Site Plan Review
LOCATION: Located at 4625 Geyer Springs Cut-off
DEVELOPER:
Gabriel Villegas
4625 Geyer Springs Cut-off
Little Rock, AR 72206
SURVEYOR:
Brooks Surveying
20820 Arch Street Pike
Hensley, AR 72065
AREA: 2.28 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
CURRENT ZONING: Area not zoned – Subdivision Site Plan Review
PLANNING DISTRICT: 14 – Geyer Springs East
CENSUS TRACT: 40.06
VARIANCES/WAIVERS REQUESTED: None requested.
The applicant failed to respond to comments raised at the July 11, 2012, Subdivision
Committee meeting. Staff recommends deferral of this item to the September 13, 2012,
public hearing.
PLANNING COMMISSION ACTION: (AUGUST 2, 2012)
The applicant was not present. There were no registered objectors present. Staff
presented the item stating the applicant failed to respond to comments raised at the July
11, 2012, Subdivision Committee meeting. Staff presented a recommendation of
deferral of the item to the September 13, 2012, public hearing.
August 2, 2012
SUBDIVISION
ITEM NO.: 2 (Cont.) FILE NO.: S-1687
2
There was no further discussion of the item. The Chair entertained a motion for
placement of the item of the Consent Agenda for approval as recommended by staff.
The motion carried by a vote of 8 ayes, 0 noes and 3 absent.
August 2, 2012
ITEM NO.: 3 FILE NO.: Z-4343-AA
NAME: Saddle Creek Short-form PCD
LOCATION: Located on the Northeast corner of Ranch Boulevard and Cantrell Road
DEVELOPER:
Ranch Properties, Inc.
P.O. Box 56330
Little Rock, AR 72215
ENGINEER:
White-Daters and Associates
24 Rahling Circle
Little Rock, AR 72223
AREA: 3.97 acres NUMBER OF LOTS: 3 FT. NEW STREET: 0 LF
CURRENT ZONING: PCD - Expired
ALLOWED USES: C-3, General Commercial District
PROPOSED ZONING: PCD
PROPOSED USE: C-3, General Commercial District
VARIANCES/WAIVERS REQUESTED: A variance from the City’s Land Alteration
Ordinance to allow grading of multiple lots with the development of one of the lots.
BACKGROUND:
Ordinance No. 19,550 adopted by the Little Rock Board of Directors on July 18, 2006,
rezoned this property from C-3, General Commercial District and OS, Open Space to
PCD. The PCD approved the creation of three additional lots within the Saddle Creek
Center located at the Northeast corner of Ranch Boulevard and Cantrell Road. The
approval included a 3.97 acre tract known as Tract B of the Ranch Subdivision. Lots 1
– 6 Tract B were previously final platted and are developed with office and retail uses.
The commercial lots were identified as Lots 7, 8 and 9, Tract B. Proposed Lot 7, Tract
B contained 1.31 acres and was proposed with a branch bank facility. Lot 8 contained
1.2 acres and was proposed with a restaurant with a drive-thru capability and Lot 9
August 2, 2012
SUBDIVISION
ITEM NO.: 3 (Cont.) FILE NO.: Z-4343-AA
2
contained 1.46 acres and was proposed with a two-story, 12,500 square foot office/retail
building.
Per Section 36-454(e) the applicant shall have three years from the date of passage of
the ordinance approving the preliminary approval to submit the final development plan.
The Planning Commission may approve a one-time time extension not to exceed two
(2) years. On March 19, 2009, the Little Rock Planning Commission approved a two (2)
year time extension for the approval of the PCD zoning. The development has not
occurred and the time for approval has expired.
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
The applicant is now requesting to reinstate the previously approved Planned
Commercial Development. The development has not changed from the original
approval and includes the development of Lots 7, 8 and 9, Tract B of the Ranch
Subdivision. Lot B-7 is proposed containing 1.31 acres and developed with a
branch bank. Lot B-8 is proposed containing 1.2 acres and developed with a
restaurant with drive thru-capability and Lot B-9 is proposed containing
1.46 acres and developed with a 12,500 square foot two-story commercial
building with C-3, General Commercial District uses as allowable uses.
B. EXISTING CONDITIONS:
The site is located on the northeast corner of Cantrell Road and Ranch
Boulevard. The Ranch development has been developing as an office and
commercial node. Immediately north of the site is a strip retail center containing
a dry cleaners drop off, a restaurant and a number of office users. Adjacent to
the site there is a veterinary clinic located to the northeast fronting Ranch Drive.
To the east and northeast are large office buildings, Leisure Arts, Family Life and
a call center. To the west of the site is a vacant property zoned PCD which
expired in March 2009.
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 Aberdeen Court Property
Owners Association, the Chevaux Court Property Owners Association and the
Johnson Ranch Neighborhood Association were notified of the public hearing.
August 2, 2012
SUBDIVISION
ITEM NO.: 3 (Cont.) FILE NO.: Z-4343-AA
3
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Cantrell Road is classified on the Master Street Plan as a principal arterial.
Dedication of right-of-way to 55 feet from centerline will be required.
2. Repair or replace any curb and gutter or sidewalk that is damaged in the
public right-of-way prior to occupancy.
3. Per the Master Street Plan requirements, a right turn lane must be provided
into Ranch Boulevard.
4. Sidewalks with appropriate handicap ramps are required along Cantrell
Road and Ranch Boulevard in accordance with Section 31-175 of the Little
Rock Code and the Master Street Plan.
5. Obtain permits for improvements within State Highway right-of-way from
AHTD, District VI.
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
submitted and approved prior to the start of construction. Is the applicant
requesting a variance to advance grade any additional lots with construction
of one lot?
7. If disturbed area is one (1) or more acres, obtain a NPDES stormwater
permit from the Arkansas Department of Environmental Quality prior to the
start of construction.
8. Street Improvement plans shall include signage and striping. Traffic
Engineering must approve completed plans prior to the start of construction.
9. 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 for
additional information.
10. Cross access right turn driveway on the northwest corner of site must be
constructed at least 75 feet from the right-of-way line and align with the
driveway on the north side of the cross access.
August 2, 2012
SUBDIVISION
ITEM NO.: 3 (Cont.) FILE NO.: Z-4343-AA
4
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer main extension required, with easements, for this project.
Contact Little Rock Wastewater Utility for additional information.
Entergy: Entergy to retain all existing easements along Cantrell Road and on
Ranch Boulevard.
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. If there are facilities that need
to be adjusted and/or relocated, contact Central Arkansas Water. That work
would be done at the expanse of the developer. 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 expanse. 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 additional to
normal charges. This fee will apply to all connections including metered
connections off the private fire system. Due to the nature of the facility,
installation of an approved reduced pressure zoned 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 test of the assembly must be completed by a
Certified Assembly Tester licensed by the State of Arkansas and approved
Central Arkansas Water. The test results must be sent to Central Arkansas
Water’s Cross Connection Section within ten (10) days of installation and
annually thereafter. Contact the Cross Connection Section at 377-1226 if you
would like to discuss backflow prevention requirements for this project.
Fire Department: Place fire hydrants per code. Maintain a minimum access of
at least 20-feet. Contact the Little Rock Fire Department for additional
information.
County Planning: No comment.
August 2, 2012
SUBDIVISION
ITEM NO.: 3 (Cont.) FILE NO.: Z-4343-AA
5
CATA: The Pinnacle Mountain Express Route (Route #25) runs along Cantrell
Road adjacent to this site.
Parks and Recreation: No comment received.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: This request is located in the Pinnacle Planning District. The
Land Use Plan shows Commercial (C) for this property. The commercial
category includes a broad range of retail and wholesale sales of products,
personal and professional services, and general business activities. Commercial
activities vary in type and scale, depending on the trade area that they serve.
The applicant has applied to re-established an approved PCD (Planned
Commercial District) to allow for the development of the site into several retail
commercial lots. This is within the Highway 10 Overlay and minimum lot size as
well as landscaping, signage and setbacks have special recommendation.
Master Street Plan: Cantrell Road is a Principal Arterial and Ranch Boulevard is
a Local Street on the Master Street Plan. A Principal Arterial is to serve through
traffic and to connect major traffic generators or activity centers within the
urbanized area. 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. Entrances and exits
should be limited to minimize negative effects of traffic and pedestrians on
Cantrell Road since it is a Principal Arterial. These streets may require dedication
of right-of-way and may require street improvements for entrances and exits to
the site.
Bicycle Plan: A Class I Bike Path is shown along Cantrell Road. A Bike Path is
to be a paved path physically separate for the use of bicycles. Additional right-of-
way or and easement is recommended. Nine-foot paths are recommended to
allow for pedestrian use as well bicycle use (replacing the sidewalk).
Landscape:
1. Compliance with the City’s Landscape and Buffer Ordinances is required.
2. The proposed land use buffer along the eastern perimeter of the property is
less than the 25-foot average width required by the Highway 10 Overlay
District.
August 2, 2012
SUBDIVISION
ITEM NO.: 3 (Cont.) FILE NO.: Z-4343-AA
6
3. An automatic irrigation system to water landscaped areas will be required on
each lot as developed.
G. SUBDIVISION COMMITTEE COMMENT: (July 11, 2012)
Mr. Tim Daters of White-Daters and Associates was present representing the
request. Staff presented an overview of the development stating the previously
approved PCD had expired and the request was to reinstate the PCD for the
property. Staff stated there were no changes to the site plan from the original
approval. Staff stated the comments provided regarding the Highway 10 Design
Overlay District were previously approved with reduced standards. Staff
questioned the proposed signage plan for both building and ground signage.
Staff also questioned the proposed uses for the building located on Lot B-9.
Public Works comments were addressed. Staff stated right of way dedications
were required on the abutting streets to meet Master Street Plan standards.
Staff stated a right turn lane onto Ranch Boulevard from Cantrell Road was
required per the Master Street Plan. Staff stated a grading permit would be
required prior to construction. Staff also stated sidewalks were required on
Cantrell Road and Ranch Boulevard.
Landscaping comments were addressed. Staff stated the landscape strip along
the eastern perimeter did not appear to meet the 25-foot average required by the
Highway 10 DOD. Staff also stated an automatic irrigation system to water
landscaped areas would be required on each of the proposed lots as they
development.
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 July 11, 2012, Subdivision Committee meeting. Locations and details of all
proposed ground mounted monument style signs have been identified on the
proposed site plan. A single sign has been indicated for each of the proposed
lots adjacent to Cantrell Road. The signs are proposed as a maximum of six (6)
feet in height and seventy-two (72) square feet in area, consistent with signage
allowed per the Highway 10 Design Overlay District. Building signage will be
located on the front façade of the buildings located on Lots B-7 and B-8.
Signage will be located on the east façade of the building located on Lot B-9 and
the southern façade which has frontage on Cantrell Road. The maximum sign
area will be limited to ten (10) percent of the front facade.
August 2, 2012
SUBDIVISION
ITEM NO.: 3 (Cont.) FILE NO.: Z-4343-AA
7
The applicant has indicated the dumpster locations, the screening required for
the dumpsters and the hours of service of the dumpsters. Dumpsters will be
limited to Lot B-8 and shared between the lots. The hours of service have been
limited to 7:00 am to 7:00 pm daily. Screening has been indicated consistent
with typical minimum ordinance standards.
The revised site plan has removed the western most drive from the proposed site
plan. Access to the proposed lots will be via Cantrell Road through a shared
access and utility easement located on the common lot line of Lots B-8 and B-9.
Secondary access will be provided via a cross access easement extending from
the property located to the north, Saddle Creek Center at the Ranch.
Landscaping has been indicated consistent with the minimum Highway 10
Design Overlay District standards with the exception of the area along the
northeastern portion of the site where tying into the existing development.
A 25-foot landscape buffer has been indicated along the eastern property line of
Lot B-9 narrowing to 9-feet. The Highway 10 Design Overlay District typically
requires the placement of a landscape strip with an average of 25-feet. A 25-foot
street buffer has been indicated along Ranch Boulevard. Per the Design Overlay
District street buffers are typically required to have a seven (7) foot landscape
strip when located adjacent to commercially zoned property, the landscape
ordinance requires a minimum landscape strip of 9-feet. The Design Overlay
District required 40-foot landscape strip has been indicated adjacent to Cantrell
Road. The rear of the property has been indicated as a common access and
utility easement which does not typically require the placement of landscaping.
All parking areas will be landscaped with interior islands as required by the
zoning and landscape ordinances. Within the overall development of the
3.97 acres 1.08 or 36.4 percent of the site is set aside for landscaping.
The site plan indicates the placement of a 100-foot building setback along
Cantrell Road as required by the Highway 10 Design Overlay District. The
building proposed for Lot B-9 has been indicated with a side yard setback of
seven (7) feet near the northwestern portion of the building. The Highway 10
Design Overlay District would typically require a minimum side yard setback of
30-feet. Although the building has not been indicated at the typical minimum
setback staff is supportive of the request. The building is located adjacent to an
existing parking area serving the Saddle Creek Center and in staff’s opinion there
will be minimal impact on the adjoining lot.
The request includes the creation of a three lot plat from this 3.97 acre tract. The
Highway 10 Design Overlay District typically requires a minimum development
tract size of two (2) acres. The lots are proposed as 1.46 acres, 1.31 acres and
August 2, 2012
SUBDIVISION
ITEM NO.: 3 (Cont.) FILE NO.: Z-4343-AA
8
to 1.20 acres. The total building coverage ranges from 5.26 percent on Lot B-7
to 19.69 percent on Lot B-9. The landscaped area provided on Lot B-7 is
44.4 percent and 35.6 percent on Lot B-9.
The applicant is requesting approval of the PCD to allow a branch bank
containing 3,012 square feet on Lot B-7, a restaurant with drive-thru capability on
Lot B-8 containing 3,500 square feet and a two story 12,500 square foot
commercial building on Lot B-9 with C-3, General Commercial District uses as
allowable uses for the building. The site plan indicates 32 parking spaces on Lot
B-7, 35 parking spaces on Lot B-8 and 62 parking spaces on Lot B-9. The
parking on each of the individual lots meets the typical minimum standards
established by the zoning ordinance for the use proposed for the individual lot.
Lot B-7 would typically require 7 parking spaces as an office use, Lot B-8 would
typically require 35 parking spaces for a restaurant use and Lot B-9 would
typically require 41 parking spaces as a commercial use.
The request includes a variance from the City’s Land Alteration Ordinance to
allow grading of multiple lots with the development of a single lot. The applicant
has indicated grading will be required to install the access drives to serve the
three (3) lots.
Staff is supportive of the applicant’s request. The purpose of the Planned
Commercial Development application is to complete the development of Saddle
Creek Center located at the Northeast corner of Ranch Boulevard and Cantrell
Road. Although the site is proposed with lots less than typically allowed per the
Highway 10 Design Overlay District, staff does not feel the proposed lot sizes will
adversely impact the area within this subdivision since the lot sizes vary in size
and development pattern. To staff’s knowledge there are no outstanding issues
associated with the 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: (AUGUST 2, 2012)
The applicant was present. There was one registered objector present. Staff stated the
request was to reinstate the previously approved PCD with no variation or changes from
the site plan approved in 2006. Staff stated the lots as proposed were the same lot
sizes as were approved in 2006. Staff noted the engineer had provided staff with the
August 2, 2012
SUBDIVISION
ITEM NO.: 3 (Cont.) FILE NO.: Z-4343-AA
9
landscape calculations located along the eastern perimeter and based on the
information provided there was not a variance from the Highway 10 DOD for the
average perimeter landscape strip. 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. Tim Daters addressed the Commission on behalf of the owner. He stated the
request was to reinstate a previously approved PCD for three lots located within the
Ranch Subdivision. He stated the underlying zoning for the site was C-3, General
Commercial District. He stated the corner lot was proposed for a branch bank, the
middle lot with a restaurant with drive-through service and the eastern lot with a
two-story retail building. Mr. Daters stated the access points nor the uses had change
from the approval in 2006.
Mr. Patrick Woodruff, President of the Chevaux Neighborhood Association, addressed
the Commission in opposition of the request. He stated the residents were concerned
over a number of points with the proposed development. He stated the residents were
concerned with the Planning Commission and City Board allowing the Overlay to be
“chipped away”. He stated the Highway 10 Overlay was put in place to control
development along the corridor and provide a scenic corridor for the area. He stated
the residents of his neighborhood were concerned with traffic, lighting and noise. He
stated the neighborhood requested the zoning be restored to the C-3, Zoning District
which would not allow a restaurant with drive-through service. He stated a restaurant
would increase traffic at the intersection of Ranch Boulevard and Cantrell Road which
was across from the entrance to the Chevaux Subdivision. He stated 3.97 acres was
an adequate for two buildings but three buildings was too intense. He stated grading of
the site was also a concern. He stated the site had sat vacant for six years with no
development and feared if the site was cleared it would be another six years with no
development and be unsightly.
Mr. Tim Daters addressed the Commission addressing concerns raised. He stated the
underlying zoning was C-3, General Commercial District which did allow for a restaurant
with drive-through service. He stated the development was no different than the one
approved in 2006. He stated Ranch Properties ownership for this Tract was 1800 linear
feet along Cantrell Road. He stated along the 1800 foot frontage there was one curb
cut. He stated the tract was 27 acres and contained 9 buildings for a density of near
four acres per building. He stated the development had occurred with large lot
development and building sites. He stated the grading was required to match the grade
of the existing Saddle Creek Center but grading would not occur without a building
being constructed on one of the lots.
There was a general discussion by the Commission concerning the request and the
development proposal. Commissioner Rector stated he felt the DOD was put in place
August 2, 2012
SUBDIVISION
ITEM NO.: 3 (Cont.) FILE NO.: Z-4343-AA
10
to establish standards but there were provisions included to allow for developments to
vary from the standards through the PZD process. He stated very few times could a
development which was not zoned fully comply with all the development criteria of the
Overlay. He stated the purpose of the PZD process was to develop the best plan for
the area.
There was no further discussion of the item. The Chair entertained a motion for
approval of the item as recommended by staff. The motion carried by a vote of 8 ayes,
0 noes and 3 absent.
A separate vote was taken for approval of the Land Alteration Variance request. The
motion carried by a vote of 8 ayes, 0 noes and 3 absent.
August 2, 2012
ITEM NO.: 4 FILE NO.: Z-4343-BB
NAME: Parkland Heights Revised Long-form PD-R
LOCATION: Located North of Chenonceau Boulevard and East of Patrick
County Road
DEVELOPER:
Parkland Heights Ranch Properties LLC
c/o Williams and Dean Architects
18 Corporate Hill Road, Suite 210
Little Rock, AR 72205
ENGINEER:
White-Daters and Associates
24 Rahling Circle
Little Rock, AR 72223
AREA: 18.5 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
CURRENT ZONING: PD-R
ALLOWED USES: Condominium and Townhouse Units
PROPOSED ZONING: Revised PD-R
PROPOSED USE: Add multi-family as an allowable use
VARIANCES/WAIVERS REQUESTED: A variance from the City’s Land Alteration
Ordinance to allow grading of multiple phases with the development of the first phase of
construction.
BACKGROUND:
Ordinance No. 19,502 adopted by the Little Rock Board of Directors on March 21, 2006,
established Parkland Heights Long-form PD-R. The development was proposed with
84 two story townhomes ranging from 2,024 square feet to 2,220 square feet and
18 one and a half story condominiums ranging from 2,460 to 3,130 square feet.
Amenities included a 2,500 square foot clubhouse, pool, putting green, playground
half-court basketball, and walking and biking path. The project was to be constructed in
two phases with the first phase to include the site improvements, grading, roads, and
August 2, 2012
SUBDIVISION
ITEM NO.: 4 (Cont.) FILE NO.: Z-4343-BB
2
infrastructure, (18) condominiums, (34) townhouse and the complete amenities
package. The second phase consisted of the completion of the remaining
50 townhomes. Landscaping and buffering was approved as reflected on the current
site plan. (Z-4343-R)
Ordinance No. 19,632 adopted by the Little Rock Board of Directors on November 21,
2006, allowed a revision to the previously approved PD-R. The approval allowed the
creation of lot lines along the common walls of the previously proposed units. There
were no other changes proposed for the development. (Z-4343-U)
Ordinance No. 20,145 adopted by the Little Rock Board of Directors on August 18,
2009, allowed a revision to the approved PD-R. To revision was to allow a change in
the structure type of the homes proposed for the eastern portion of the site. The
approval allowed the construction of seven (7) two-story units which was previously
shown for development of three (3) one and one-half story units for a net gain of four (4)
units within the development. (Z-4343-V)
Ordinance No. 20,610 adopted by the Little Rock Board of Directors on July 17, 2012,
amended the Master Street Plan to relocate the proposed collector street from Patrick
County Road to Valley Ranch Drive. The Little Rock Board of Directors adopted
Ordinance No. 20,612 on July 17, 2012, which abandoned the right of way for Patrick
County Road from north of the existing bridge near Cantrell Road to the intersection of
Valley Ranch Drive which was to be extended prior to the physical closure of Patrick
County Road.
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
The development is located at the end of Chenonceau Boulevard. The
Clubhouse and a number of the residential units have been completed. Located
south of the clubhouse nine (9) units in three (3) two-story buildings have been
completed. Within this area there are an additional six (6) units in two (2)
two-story buildings (triplexes) proposed and seven (7) additional attached units of
two-story townhomes located near the eastern property line. Located north of
the clubhouse are twelve (12) buildings containing two (2) units each (duplexes)
each two-story. The homes range in square footage from 2,024 to 3,100 square
feet.
The developer is proposing to amend the previously approved PD-R for the
western portion of the site. In-lieu of constructing 60 two-story townhouse units,
the developer is proposing to construct a more traditional apartment style
development within seven (7) buildings and containing 152 units. The buildings
are proposed as three/two split level buildings with the front being three-stories
and the rear two-stories. Within this development area a second clubhouse and
pool facility will be added.
August 2, 2012
SUBDIVISION
ITEM NO.: 4 (Cont.) FILE NO.: Z-4343-BB
3
B. EXISTING CONDITIONS:
A portion of the Phase I part of the development has been completed and a large
number of the buildings in the Phase II portion are complete. The developers
have constructed three of the patio home buildings and eight of the townhouse
buildings with four buildings under construction. The private streets are in place
to serve the phases currently under construction. The area proposed for
development with the current application request was previously graded. There
is a single-family subdivision located to the east of the site with Buckland Road
terminating at the western property line of this development. An emergency
access has been provided through this development to Buckland Drive. South of
the site is an apartment complex accessed from Chenonceau Boulevard. North
of the site is undeveloped R-2, Single-family zoned property. South of the site is
vacant O-1, Quiet Office District and C-3, General Commercial District zoned
property. South of the site are office uses and a private school.
Chenonceau Boulevard terminates at the development. Chenonceau Boulevard
is constructed as a two lane street constructed to Master Street Plan standard.
The right of way for Patrick Country Road which is located along the western
boundary of this development was recently abandoned but retained as a utility
and drainage easement.
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 Aberdeen Court Property
Owners Association, the Chevaux Court Property Owners Association and the
Johnson Ranch Neighborhood Association were notified of the public hearing.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Patrick Country 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
only on the portion of Patrick Country not proposed to be abandoned.
2. With site development, provide the design of street conforming to the Master
Street Plan. Construct one-half street improvement to that part of Patrick
Country Road not proposed to be abandoned including 5-foot sidewalks with
the planned development.
August 2, 2012
SUBDIVISION
ITEM NO.: 4 (Cont.) FILE NO.: Z-4343-BB
4
3. A turn around must be provided 80 feet in length for emergency vehicles.
4. 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).
5. A grading permit in accordance with Section 29-186 (c) and (d) will be
required prior to any land clearing or grading activities at the site. Other than
residential subdivisions, site grading and drainage plans must be submitted
and approved prior to the start of construction. If advanced grading is being
requested, a variance must be obtained.
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. No residential waste collection service will be provided on private streets
unless the property owners association provides a waiver of damage claims
for operation on private property.
8. The divided drives within the development should be one way for vehicle
movement.
9. The back out parking spaces near Unit 5B should be removed due to conflict
with vehicles access the western residential units.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer main extension required, with easements, for this project.
Contact Little Rock Wastewater Utility for additional information.
Entergy: Additional easement will be required as electric utilities are designed
for this project.
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. A water main extension will be
needed to provide water service to this property. This development will have
minor impact of the existing water distribution system. Proposed water facilities
will be sized to provide adequate pressure and fire protection. The Little Rock
Fire Department needs to evaluate this site to determine whether additional
public and/or private fire hydrant(s) will be required. If additional fire hydrant(s)
August 2, 2012
SUBDIVISION
ITEM NO.: 4 (Cont.) FILE NO.: Z-4343-BB
5
are required, they will be installed at the Developer’s expanse. 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 additional 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 expanse of the developer. Due to the nature of the
facility, installation of an approved reduced pressure zoned 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 test of the assembly must be
completed by a Certified Assembly Tester licensed by the State of Arkansas and
approved Central Arkansas Water. The test results must be sent to Central
Arkansas Water’s Cross Connection Section within ten (10) days of installation
and annually thereafter. Contact the Cross Connection Section at 377-1226 if
you would like to discuss backflow prevention requirements for this project. The
facilities on site will be private. When meters are planned off private lines,
private facilities shall be installed to Central Arkansas Water’s material and
construction specifications and installation will be inspected by an engineer,
licensed to practice in the State of Arkansas. Execution of a Customer Owned
Line Agreement is required.
Fire Department: Place fire hydrants per code. Maintain a minimum access of
at least 20-feet. There must be two ways to enter and exit the site. Contact the
Little Rock Fire Department for additional information.
County Planning: No comment.
CATA: The Pinnacle Mountain Express Route (Route #25) runs along Cantrell
Road just south of this site.
Parks and Recreation: No comment received.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: This request is located in the Pinnacle Planning District. The
Land Use Plan shows Residential Low Density (RL) for this property. Residential
Low Density allows for single family homes at densities not to exceed six (6)
dwelling units per acre. Such residential development is typically characterized
August 2, 2012
SUBDIVISION
ITEM NO.: 4 (Cont.) FILE NO.: Z-4343-BB
6
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 PDR (Planned District
Residential) to PDR (Planned District Residential) to allow for the development of
residential at an increased density on the site. The proposed density for the
development area is close to 19 units per acre which is in the Residential High
Density range rather than RL. The density of the overall development is
10.7 units per acres.
Master Street Plan: Patrick Country Road is a Collector on the Master Street
Plan. 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. This street may require dedication of right-of-way
and may require street improvements for entrances and exits to the site.
Bicycle Plan: There are no bike routes shown in the immediate vicinity.
Landscape:
1. Compliance with the City’s Landscape and Buffer Ordinances is required.
2. Property to the north is zoned residential; therefore, the Zoning Ordinance
requires an average thirty-four (34’) foot wide land use buffer. The buffer
ordinance requires that seventy percent (70%) of this area to remain
undisturbed. Both the grading plan and the landscaping plan will require this
area be delineated as “trees in this area to remain undisturbed”.
3. A 50-foot street buffer is required along Patrick Country Road in the area not
to be abandoned.
4. The property to the north 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 northern perimeter of
the site. Credit towards fulfilling this requirement can be given for existing
trees and undergrowth that satisfies this year-around requirement.
5. The landscape ordinance requires a minimum of 8% of the paved areas be
landscaped with interior islands of at least 7 ½ feet in width and 300 square
feet in area. These interior islands are to be evenly distributed throughout the
site. The proposed plan does not currently reflect this minimum requirement.
6. An automatic irrigation system to water landscaped areas will be required.
August 2, 2012
SUBDIVISION
ITEM NO.: 4 (Cont.) FILE NO.: Z-4343-BB
7
7. 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.
8. 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: (July 11, 2012)
Mr. Tim Daters of White-Daters and Associates was present representing the
request. Staff presented an overview of the item stating there were a number of
outstanding technical issues associated with the request in need of addressing
prior to the full Commission acting on the request. Staff requested building
elevations, construction materials and the phasing plan. Staff questioned the
timing for construction of the clubhouse and pool. Staff questioned the note
concerning the deferral of Patrick County Road. Staff requested Mr. Daters
verify the location of the abandonment of Patrick County Road which was
recently approved by the Board of Directors. Staff noted any required street
improvements were required to be constructed with the proposed development.
Public Works comments were addressed. Staff stated the emergency turn
around along the western portion of the property should be a minimum of 80-feet.
Staff stated the width of the divided drives within the development should be
decreased and signed as one-way. Staff stated the parking spaces located near
Unit 5B should be removed to minimize traffic conflicts of residents backing into
the access drive to serve the multi-family to the west.
Landscaping comments were addressed. Staff stated a 50-foot buffer was
required along the area of Patrick County Road which was not proposed for
abandonment. Staff stated the property to the north was zoned residentially and
would require screening and preservation of an undisturbed buffer. Staff also
stated an automatic irrigation system was required to water landscaped 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 July 11, 2012, Subdivision Committee meeting. The revised
plan and/or cover letter has provided building elevations, construction materials
August 2, 2012
SUBDIVISION
ITEM NO.: 4 (Cont.) FILE NO.: Z-4343-BB
8
and the phasing plan. The revised plan also indicates the emergency
turn-around as requested by public works staff. The revised plan indicates all the
portion of Patrick County Road abutting the development was recently
abandoned by the Little Rock Board of Directors.
The request is to revise the previously approved PD-R for the western portion of
the site. The applicant has constructed a number of the townhomes and the
condominium units and is now proposing to construct a more traditional style
multi-family building. The rear of the buildings on the northern portion of the site
are two levels with a third level fronting the parking area and the southern
buildings are two levels fronting the parking area and three levels on the rear
(south). The maximum building height proposed is 38-feet at the mid point of the
roof.
The exterior materials for the project include 25 percent to 35 percent masonry,
brick or stone and 50 percent stucco. The balance of the exterior building
materials will be composite (Hardy Plank) siding for trim and accent. The roof
materials will be architectural shingles.
The area proposed for the revision contains 7.8 acres and is proposed with
152 units or 19.48 units per acre. The units are proposed as one and two
bedroom units. 64 of the units will be one bedroom and one bath containing
675 square feet, 12 units are proposed with two bedrooms and two baths
containing 950 square feet and 76 of the units will contain two bedrooms and two
baths and 1,100 square feet. There are three building types proposed. Four of
the buildings are Type 1 which is a 2 ½ story building. Two of the buildings are
Type 1A which is a three story building and 1 building is a Type 2 building which
is also a three story building.
The area proposed for revision contains 212 parking spaces to serve the
152 units. The zoning ordinance would typically require the placement of one
and one-half parking spaces per unit for a total of 228 parking spaces. Staff
does not feel the reduced number of parking spaces will adversely impact the
development.
The revised plan has not removed the parking spaces backing into the drive near
Building 5 of the townhouse portion of the development. The applicant states the
desire is to retain these spaces since the mail kiosk is located adjacent to these
parking spaces. Staff feels the parking spaces backing into the drive should be
removed and replaced with two parallel parking spaces. This would still allow
residents to park and pick up their mail but would eliminate conflicting traffic
movements with residents backing into the driveway.
August 2, 2012
SUBDIVISION
ITEM NO.: 4 (Cont.) FILE NO.: Z-4343-BB
9
The drive isles within the western portion of the development have been
narrowed as requested by staff. The drives continue to contain a landscaped
median. The drives are 22-feet wide and will be signed as one-way. The
developer has stated he desires to construct the drives with the additional paving
and the landscape median to enhance the site and provide additional
landscaping within the development.
The site plan includes the placement of covered parking on the site. A note on
the site plan states the final location of the carports will be determined at the time
of site development. The height of the carports will not exceed the height
allowed in the R-2, Single-family Zoning District. The number of covered parking
spaces will not exceed 150 parking spaces.
The plan indicates the northern land use buffer as required by the zoning and
buffer ordinance. The applicant has indicated the percentage of the buffer area
to remain undisturbed is as required by the buffer ordinance. The screening
material has not been determined but will be provided along the northern
perimeter as required by the zoning ordinance.
The request includes a variance from the City’s Land Alteration Ordinance to
allow grading of multiple phases with the development of the first phase. The
applicant has indicated grading outside the limits proposed for construction
during a specific phase would allow for the site to balance. The applicant has
indicated the each of the buildings will be constructed as a single phase.
Although the density of this portion of the site is 19.48 units per acre when
reviewing the entire development the density is less than eleven (11) units per
acre. This site is shown on the City’s Future Land Use Plan as Residential Low
which allows for development at a density of up to six (6) units per acre. The
property abutting this portion of the area and multi-family development to the
south is shown on the City’s Future Land Use Plan as Residential High which
allows for the development of more than twelve (12) units per acre and the
zoning of the property is MF-18. Staff does not feel the increase in the density
for the development will adversely impact the overall development or the area.
The development as currently developing and as proposed allows for a mixture
of housing types within this single development. The height of the building along
the northern portion of the site has not changed and the change in the overall site
plan should have minimal impact on the adjoining property. To staff’s knowledge
there are no remaining outstanding technical issues associated with the request.
Staff feels the requested revision to the PD-R to allow the development as
proposed is appropriate.
August 2, 2012
SUBDIVISION
ITEM NO.: 4 (Cont.) FILE NO.: Z-4343-BB
10
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 six (6) parking spaces located near building 5A of the
townhouse development be removed and replaced with two (2) parallel parking
spaces.
Staff recommends approval of the variance request from the City’s Land
Alteration Ordinance to allow grading within future phases of the development
with the construction of a building in an earlier phase.
PLANNING COMMISSION ACTION: (AUGUST 2, 2012)
The applicant was present. There were no registered objectors present. Staff stated
the applicant had submitted a revised cover letter dated August 2, 2012, outlining
details of a vegetative buffer along the northern perimeter and provided clarification of
the proposed fencing. Staff stated this letter would become a part of the condition of the
approval. Staff presented the item with a recommendation of approval of the request
subject to compliance with the comments and conditions as outlined in paragraphs D, E
and F of the agenda staff report. Staff presented a recommendation the six (6) parking
spaces located near building 5A of the townhouse development be removed and
replaced with two (2) parallel parking spaces. Staff presented a recommendation of
approval of the variance request from the City’s Land Alteration Ordinance to allow
grading within future phases of the development with the construction of a building in an
earlier phase.
There was no further discussion of the item. The Chair entertained a motion for
placement of the item of the Consent Agenda for approval as recommended by staff.
The motion carried by a vote of 8 ayes, 0 noes and 3 absent.
August 2, 2012
ITEM NO.: 5 FILE NO.: Z-5787-C
NAME: Whole Foods Revised Short-form PCD
LOCATION: Located on the Northeast corner of Chenal Parkway and Bowman Road
DEVELOPER:
Whole Foods
c/o Charlie Oates
Oates Commercial Property
5865 Ridgeway Parkway Suite 300
Memphis, TN 38120
ENGINEER:
White-Daters and Associates
24 Rahling Circle
Little Rock, AR 72223
AREA: 3.5 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
CURRENT ZONING: PCD
ALLOWED USES: Book or stationary store, clothing store, drug store or pharmacy,
furniture store, hobby shop, lawn and garden center (enclosed), office, office equipment
and sales, and retail uses not listed (enclosed) within the C-3, General Commercial
Zoning District
PROPOSED ZONING: Revised PCD
PROPOSED USE: Add grocery as an allowable use
VARIANCES/WAIVERS REQUESTED: None requested.
BACKGROUND:
The PCD was established by the Board of Directors by Ordinance No. 16,612, on March
15, 1994. This followed the Planning Commission recommendation of approval on
February 8, 1994. The approval allowed a two-lot commercial subdivision located on
7.749 acres. The proposed uses for the PCD were Best Buy with 44,844 square feet
within the proposed building and “Toys-R-Us” with 30,625 square feet. The Best Buy lot
August 2, 2012
SUBDIVISION
ITEM NO.: 5 (Cont.) FILE NO.: Z-5787-C
2
was to contain 4.286 acres and the “Toys-R-Us” lot to contain 3.366 acres. Parking for
362 vehicles was shown on the site plan.
At the time of approval, the intended user was “Toys-R-Us”, but convertibility to the
following uses was approved: book or stationary store, clothing store, drug store or
pharmacy, furniture store, hobby shop, lawn and garden center (enclosed), office, office
equipment and sales, and retail uses not listed (enclosed) within the C-3, General
Commercial Zoning District. The building setback from the north property line was to be
50 feet, with a planted buffer between the building and the north property line. A privacy
fence was to be erected as a land use buffer between the PCD site and the residential
use to the north. The north 24 feet of the approved building footprint was a loading
dock/compactor area, and it was to be enclosed within the façade of the building, with
the restriction that waiting trucks would not leave their engines or other motors running.
The main façade of the building, then, was set at 75 feet off the north property line. The
approved PCD restricted the hours of loading and operation of the compactor to daylight
hours, and required that the building colors on the north façade be “neutral tones”. The
approved building “footprint” was 146.83 feet wide, plus the 25 foot loading
dock/compactor area, by 210.85 feet deep. There were, among other site work
requirements, requirements for limiting construction activities on Sunday. The
negotiations between the developer and “Toys-R-Us” broke down and “Toys-R-Us”
elected to locate in a different area of West Little Rock. When “Toys-R-Us” failed to
take the lease space for the Lot 1 area, a privacy fence was required to be erected
along the north limits of the proposed building line. (Building walls, where no openings
were provided, were allowed as a required land use buffer fence, and, since the wall
was not in place, the required buffering was not in place. The temporary privacy fence
at the wall location served as a substitute for the wall.
On December 12, 1995, the Little Rock Planning Commission denied a request to
amend the previously approved PCD to allow a modification in the building footprint for
the Lot 1 building and to allow the occupant of the building to serve refreshments to
customers as an accessory use to the primary retail user. Instead of a single tenant
space, two (2) tenant spaces were proposed. The building setback along the northern
property line was reduced from 50 feet to 40 feet.
On April 26, 1996, the Assistant City Manager approved a request to increase the
building area for the proposed north building (Lot 1) located north of Best Buy. The
approval allowed the construction of a 150 foot (north to south) by 212 foot building
(east to west), with a 22 foot wide loading dock. The occupant of the building was
Linen’s-N-Things.
On June 4, 1996, the Assistant City Manager approved a revision to the site plan to
allow the placement of a free standing canopy on the front of the building. The canopy
was not to be enclosed heated and cooled space. The purpose was to serve as shelter
August 2, 2012
SUBDIVISION
ITEM NO.: 5 (Cont.) FILE NO.: Z-5787-C
3
for customers. The construction was a roof structure with four support poles and not an
addition to the building space.
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
The applicant is now proposing to amend the approved PCD for the Lot 1 of the
Appletree Subdivision, Linen’s-N-Things. The request is to add a food store as
an allowable use maintaining the previously approved uses.
As a separate item on this agenda the applicant was requesting to amend the
Master Street Plan to allow a median break with a left turn lane into the Best Buy
driveway along Chenal Parkway. The median cut would allow for left turns only
into the development. The applicant has since withdrawn this request.
B. EXISTING CONDITIONS:
The area has developed with commercial uses including restaurants, big box
retail, small retail users and a tire store. Best Buy occupies the building located
to the south of the building proposed for rezoning. There is a church currently
occupying the space proposed for the grocery. North of the site is a residential
subdivision, the Birchwood Subdivision.
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 Birchwood Neighborhood
Association, the Gibraltar Height/Point West/Timber Ridge Property Owners
Association and the Parkway Place Property Owners Association were notified of
the public hearing.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Repair or replace any curb and gutter or sidewalk that is damaged in the
public right-of-way prior to occupancy.
2. Current traffic volumes on Chenal Parkway between Bowman Road and
Autumn Road exceed 35,000 trips per day.
3. Adequate left turn access is provided at the intersection of Bowman Road and
Chenal Parkway.
August 2, 2012
SUBDIVISION
ITEM NO.: 5 (Cont.) FILE NO.: Z-5787-C
4
4. The addition of a left turn lane as proposed creates a very hazardous access
due to traffic having to turn left across three (3) lanes of traffic. There are
insufficient gaps in traffic to safely make a left turn maneuver across three (3)
lanes of traffic. Other locations on Chenal Parkway have been converted to
left turn protected by arrow only due to high accident numbers, such as
Markham Street and Chenal Parkway.
5. The proposed left turn lane is too close to the intersection of Bowman Road
and Chenal Parkway and its proximity will result in blocking of the eastbound
through traffic lanes resulting in added congestion and an increase in rear
end collisions in this area.
6. Median cuts are prohibited by the design requirements, which are adopted by
Ordinances #14,210 and #15,239.
7. Chenal Parkway Design requires a minimum of 600 feet between median
openings to provide adequate left turn storage for vehicles. There is less than
500 feet between Bowman Road and the proposed median cut.
8. The intersection of Bowman and Chenal Parkway extends 465 feet to the
east, thus leaving no room for adequate left turn storage for the proposed
access. Left turning vehicles will block eastbound Chenal Parkway traffic on
a corridor that is already over capacity.
E. SUBDIVISION COMMITTEE COMMENT: (July 11, 2012)
Mr. John Reese and Mr. Joe White were present representing the request. Staff
presented an overview of the development stating there were additional items
necessary to complete the review process. Staff stated the previous approval
established minimum building setbacks, required buffering and limits on the
hours of delivery and dumpster/compactor service. Staff questioned if these
items would continue to apply to the new user.
Public Works comments were addressed. Staff stated as a separate item on the
agenda there was a request to amend the Master Street Plan to allow a median
break on Chenal Parkway at the Best Buy entrance drive. Staff stated this was
not desirable due to the proximity of the intersection of Bowman Road and the
limited amount of stack that could be provided on Chenal Parkway at this
location. Mr. White stated there were other median breaks along Chenal
Parkway. Staff stated there were fewer vehicles traveling the Parkway at these
other locations and the impact on traffic flow was much less. Staff stated there
was a protected left turn at the intersection of Bowman Road and Chenal
Parkway which would allow entry into the site.
August 2, 2012
SUBDIVISION
ITEM NO.: 5 (Cont.) FILE NO.: Z-5787-C
5
There was a general discussion concerning the driveway from the site onto
Bowman Road. Mr. White stated this driveway would be improved with the
redevelopment of the site.
Staff noted the existing screening fence and landscaping was to be in good
condition and any dead, diseased or missing landscaping was to be replaced.
There was no further discussion of the item. The Committee then forwarded the
item to the full Commission for final action.
F. ANALYSIS:
There were no outstanding technical issues associated with the request raised at
the July 11, 2012, Subdivision Committee meeting. The applicant submitted a
request dated July 19, 2012, requesting withdrawal of the Master Street Plan
amendment (Item #17 File No. MSP-12-04).
The applicant is requesting to amend the listing of previously approved uses to
include a food store as an allowable use. Currently there are no revisions
proposed to the existing building but the applicant has indicated additional space
may be desired in the future. According to the applicant the existing 50-foot
buffer along the northern portion of the site would be maintained. The additional
square footage would be accomplished by enclosing the 22-foot by 60-foot area
along the northwestern portion of the building and/or enclosing a portion of the
loading dock area.
There are 148 parking spaces on this lot. Per the Zoning Ordinance parking for a
food store, supermarket or convenience type grocery store is four (4) spaces plus
one (1) space for each three hundred (300) square feet of gross floor area,
exclusive of the storage area. The building contains 32,460 square feet with a
potential expansion area totaling 5,060 square feet for a total gross floor area of
37,520 square feet. Based on the typical minimum parking requirements a total
of 125 parking spaces would be required including areas proposed for storage.
There are three existing shared ground sign locations on the two lots. There is a
monument sign located at the entrance drive to Best Buy on Chenal Parkway
and one on Bowman Road at the entrance drive. The sign is a monument sign
which appears to comply with the Chenal Parkway Design Overlay District or
eight feet in height and one hundred square feet in area. There is a pole sign
located on Bowman Road. The sign appears to be comparable to signage
allowed in commercial zones or a maximum of 36-feet in height and 160 square
feet in area. Building signage for this lot is limited to the front façade of the
August 2, 2012
SUBDIVISION
ITEM NO.: 5 (Cont.) FILE NO.: Z-5787-C
6
building. The signage appears to comply with signage allowed in commercial
zones or a maximum of ten (10) percent of the front façade area. The applicant
has indicated there will not be a change in the existing signage locations or
areas. Only the sign faces will be changed to advertise the new tenant.
Staff is supportive of the request to add a food store to the allowable uses for this
site. Staff does not feel the addition of the food store as an allowable use will
significantly impact the area. The applicant has stated all previously imposed
conditions continue to apply to the site.
G. STAFF RECOMMENDATION:
Staff recommends approval of the request to add a food store as an allowable
use subject to compliance with the following comments:
1. Compliance with the comments in paragraph D of the above write-up.
2. Compliance with all previously imposed conditions.
PLANNING COMMISSION ACTION: (AUGUST 2, 2012)
The applicant was present. There were registered objectors present. The Chair
informed the applicant when there were eight or fewer Commissioners present the
Commission’s policy was to allow the applicant the option of deferral to a later hearing
date. Mr. White stated he desired to defer the item to the September 13, 2012, public
hearing.
There was no further discussion of the item. The Chair entertained a motion for
approval of the deferral request. The motion carried by a vote of 8 ayes, 0 noes and
3 absent.
August 2, 2012
ITEM NO.: 6 FILE NO.: Z-6179-C
NAME: Splash Carwash Revised Short-form PCD
LOCATION: Located at 14103 Cantrell Road
DEVELOPER:
Highway 10 Autowash LLC
14103 Cantrell Road
Little Rock, AR 72223
ENGINEER:
White-Daters and Associates
24 Rahling Circle
Little Rock, AR 72223
AREA: 1.68 acres NUMBER OF LOTS: 2 FT. NEW STREET: 0 LF
CURRENT ZONING: PD-C and R-2, Single-family
ALLOWED USES: Carwash and Single-family residential
PROPOSED ZONING: PCD
PROPOSED USE: Carwash
VARIANCES/WAIVERS REQUESTED: In-lieu contribution for the required
stormwater detention since the development is adjacent to a floodway.
BACKGROUND:
On November 7, 1996, the City Board of Directors adopted Ordinance No. 17,295,
rezoning this property from R-2, Single-family to PD-C. The property was approved for a
six (6) bay self service carwash with three (3) vacuum stations.
On January 20, 1998, the City Board of Directors adopted Ordinance No. 17,653,
retaining the PD-C zoning of the property and approving a new site plan. The new site
plan included a 2,150 square foot express lube shop with a single bay automatic
carwash and a small parking area.
August 2, 2012
SUBDIVISION
ITEM NO.: 6 (Cont.) FILE NO.: Z-6179-C
2
On January 5, 1999, the City Board of Directors adopted Ordinance No. 17,906,
revising the site plan to allow the construction of a 1,464 square foot two-bay automatic
carwash with two vacuum stations. Access to the site was via a single driveway from
Cantrell Road. Landscape berms along the front property line, as required by the
Highway 10 Overlay Ordinance were proposed. The east and west side yards were to
be landscaped and landscape screening would be placed along east and south property
boundaries. The southern portion of the property located within the floodway would be
dedicated to the City of Little Rock. A monument sign six feet in height and seventy-two
square feet in area was proposed to serve the development.
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
The developer is requesting to amend the previously approved PCD to expand
the area of approval. The property contains 1.68 acres and is located at the
southwest corner of Cantrell Road and Black Street. Splash Carwash currently
occupies the western portion of the site and the eastern portion is undeveloped.
The developer is proposing to expand the existing carwash onto the undeveloped
property. The proposal will add a stand alone tunnel carwash and
two (2) manual washes located on the eastern side of the existing automatic
wash building. The two (2) existing vacuum stations will be removed and
six (6) vacuum stations will be added.
The property will be platted into two (2) lots. Lot 1 will contain the existing
carwash along with the proposed expansion. Lot 2 will remain undeveloped.
The request includes a deferral of the required one-half street improvements to
Black Road until development of Lot 2.
The developer has met with Public Works on the driveway locations. Staff
propose the existing driveway be used, but revised to allow entrance only on the
west and exit only on the east.
The applicant is requesting to provide an in-lieu contribution to meet the City’s
Stormwater Detention Ordinance requirements. The proposed development will
increase run-off by a small amount and the property sits adjacent to the Isom
Creek floodway.
B. EXISTING CONDITIONS:
The property is owned in two (2) parcels. On the western parcel there is a
two bay carwash and the eastern portion of the property is wooded. Together
the parcels have frontage on Cantrell and Black Roads. There is a liquor store
located on the southwest corner of Cantrell and Black Roads. West of the site is
a mini-warehouse development and a strip retail center containing office and
August 2, 2012
SUBDIVISION
ITEM NO.: 6 (Cont.) FILE NO.: Z-6179-C
3
commercial uses. North of the property is the Kroger Shopping Center which has
a number of out-parcels which have developed with restaurants and a branch
bank. In addition to the grocery store, at this location, Kroger has a fueling
station.
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 Pankey Community
Improvement Association, the Pinnacle Valley Neighborhood Association, the
Secluded Hills Property Owners Association and the Westbury Neighborhood
Association were notified of the public hearing.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Black 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. Highway 10 is classified on the Master Street Plan as a principal arterial.
Dedication of right-of-way to 55 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 Black Road
including 5-foot sidewalk with the planned development.
4. Sidewalks with appropriate handicap ramps are required to be installed
along Highway 10 in accordance with Section 31-175 of the Little Rock
Code and the Master Street Plan.
5. Obtain permits for improvements within State Highway right-of-way from
AHTD, District VI.
6. Repair or replace any curb and gutter or sidewalk that is damaged in the
public right-of-way prior to occupancy.
7. 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.
8. Provide a Sketch Grading and Drainage Plan per Section 29-186 (e). The
proposed drainage structure should match the size of the existing upstream
August 2, 2012
SUBDIVISION
ITEM NO.: 6 (Cont.) FILE NO.: Z-6179-C
4
pipe structure and located within a drainage easement. No permanent
structure or equipment can be installed within that easement.
9. A 100 year overflow path must be provided to not cause damage to any
structure or equipment.
10. Stormwater detention ordinance applies to this property. Show the
proposed location for stormwater detention facilities on the site plan.
11. 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.
12. A special Grading Permit for Flood Hazard Areas will be required per
Section 8-283 prior to construction. Show the floodplain line on a revised
site plan and final plat.
13. The minimum Finish Floor elevation of the structure and the bottom of
mechanical equipment should be elevated to at least one (1) foot above the
base flood elevation is required to be shown on the plat and grading plans.
14. 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.
15. On site striping and signage plans should be forwarded to Public Works,
Traffic Engineering for approval with the site development package.
16. 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. The eastern driveway should be narrowed to a
maximum of 18 feet. Remove the through arrow from the proposed plan.
The driveways should be signed as one way entrance and exit with the
entrance at the west driveway and the exit at the east driveway.
17. 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.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer available to this project.
August 2, 2012
SUBDIVISION
ITEM NO.: 6 (Cont.) FILE NO.: Z-6179-C
5
Entergy: No comment received.
Center-Point Energy: No comment received.
AT & T: No comment received.
Central Arkansas Water: No objections. All Central Arkansas Water
requirements in effect at the time of request for water service must be met.
Contact Central Arkansas Water regarding the size and location of the water
meter. If there are facilities that need to be adjusted and/or relocated, contact
Central Arkansas Water. That work would be done at the expanse of the
developer. This development will have minor impact of the existing water
distribution system. Proposed water facilities will be sized to provide adequate
pressure and fire protection. Contact Central Arkansas Water if additional fire
protection or 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 expanse. 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. A Capital Investment Charge
based on the size of meter connection(s) will apply to this project in additional to
normal charges. This fee will apply to all connections including metered
connections off the private fire system. Due to the nature of the facility,
installation of an approved reduced pressure zoned 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 required that upon
installation of the RPZA, successful test of the assembly must be completed by a
Certified Assembly Tester licensed by the State of Arkansas and approved
Central Arkansas Water. The test results must be sent to Central Arkansas
Water’s Cross Connection Section within ten (10) days of installation and
annually thereafter. Contact the Cross Connection Section at 377-1226 if you
would like to discuss backflow prevention requirements for this project.
Fire Department: Place fire hydrants per code. Maintain a minimum access of
at least 20-feet. Contact the Little Rock Fire Department for additional
information.
County Planning: No comment.
CATA: The Pinnacle Mountain Express Route (Route #25) runs along Cantrell
Road adjacent to this site.
Parks and Recreation: No comment received.
August 2, 2012
SUBDIVISION
ITEM NO.: 6 (Cont.) FILE NO.: Z-6179-C
6
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: This request is located in the River Mountain Planning
District. The Land Use Plan shows Commercial (C) for this property. The
commercial category includes a broad range of retail and wholesale sales of
products, personal and professional services, and general business activities.
Commercial activities vary in type and scale, depending on the trade area that
they serve. The applicant has applied for a rezoning from PCD (Planned
Commercial District) and R-2 Single Family to PCD (Planned Commercial
District) to allow for the expansion of a carwash with a second parcel for later
development on this site. This is within the Highway 10 Overlay and minimum lot
size as well as landscaping, signage and setbacks have special
recommendation.
Master Street Plan: Cantrell Road is a Principal Arterial on the Master Street
Plan. A Principal Arterial is to serve through traffic and to connect major traffic
generators or activity centers within the urbanized area. Entrances and exits
should be limited to minimize negative effects of traffic and pedestrians on
Cantrell Road since it is a Principal Arterial. 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 I Bike Path is shown along Cantrell Road. A Bike Path is
to be a paved path physically separate for the use of bicycles. Additional right-of-
way or and easement is recommended. Nine-foot paths are recommended to
allow for pedestrian use as well bicycle use (replacing the sidewalk).
Landscape:
1. The site plan must comply with the City’s landscape and buffer ordinance
requirements.
2. The Highway Ten (10) Overlay requires a forty foot (40’) landscape strip
along Arkansas Highway Ten (10).
3. The Highway Ten (10) Overlay requires a twenty-five foot (25’) land use
buffer area around the remainder of the sites entirety.
4. The zoning street buffer ordinance requires an average fourteen foot (14’)
wide street buffer along Arkansas Highway Ten (10).
August 2, 2012
SUBDIVISION
ITEM NO.: 6 (Cont.) FILE NO.: Z-6179-C
7
5. The zoning ordinance requires a fourteen foot (14’) wide land use buffer
along the southern perimeter of the site. Seventy percent (70%) of this
buffer must remain undisturbed.
6. A six (6) foot high opaque screen, either a wooden fence with its face side
directed outward, a wall, or dense evergreen plantings, may be required
along the southern perimeter of the site. Credit towards fulfilling this
requirement can be given for existing trees and undergrowth that satisfies
this year-around requirement.
7. Although, this site falls below two acres (2) in size the Highway Ten (10)
Overlay’s intent was for designs to be implemented with a landscape plan
stamped with the Seal of a Registered Landscape Architect.
8. The landscape ordinance requires a nine foot (9’) landscape strip around
the sites entirety; currently, a dumpster is located within this required
landscape strip along the western perimeter of the site.
9. Berming is needed along AR Hwy. 10.
10. The landscape ordinance requires a minimum of 8% of the paved areas be
landscaped with interior islands of at least 7 ½ feet in width and 150 square
feet in area.
11. A small amount of building landscaping will be required.
12. An automatic irrigation system is required.
13. Prior to the issuance of a building permit, it will be necessary to provide
landscape plans stamped with the seal of a Registered Landscape
Architect.
14. The City Beautiful Commission recommends preserving as many existing
trees as feasible on this site. Credit toward fulfilling Landscape Ordinance
requirements can be given when preserving trees of six (6) inch caliper or
larger.
G. SUBDIVISION COMMITTEE COMMENT: (July 11, 2012)
Mr. Joe White of White-Daters and Associates was present representing the
request. Staff presented an overview of the development stating there were
additional items necessary to complete the review process. Staff stated the site
was located within the Highway 10 Design Overlay District. Staff stated the plan
as presented did not comply with a number of the standards of the DOD. Staff
August 2, 2012
SUBDIVISION
ITEM NO.: 6 (Cont.) FILE NO.: Z-6179-C
8
stated there was a large right of way along the frontage of the property for a
drainage structure. Staff stated with the large right of way the existing nor the
proposed buildings were meeting the 100-foot setback.
Public Works comments were addressed. Staff stated right of way for Black
Road was required to meet the Master Street Plan. Staff stated a dedication of
right of way to 55-feet from centerline was required along Cantrell Road. Staff
also stated a grading permit was required prior to construction. Staff requested a
sketch grading and drainage plan. Staff requested Mr. White provide the location
of the floodplain. Staff stated the floodway had been included but the floodplain
had not be included. Staff stated the driveways on Cantrell Road to be signed as
one-way. Staff requested the eastern drive be narrowed to a maximum of 18-
feet in width. Mr. White noted the fire department requested the entrance drive
remain at 20-feet.
Landscaping comments were addressed. Staff stated the overlay required a
perimeter landscape strip averaging 25-feet. Staff stated the plan as presented
did not meet this minimum requirement along the eastern and western
perimeters. Staff stated the dumpster located along the western perimeter was
located within the required landscape strip. Staff stated screening was required
along the southern portion of the site. Staff also stated a small amount of
building landscaping 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.
H. ANALYSIS:
The applicant submitted a revised site plan to staff addressing most of the issues
raised at the July 11, 2012, Subdivision Committee meeting. The Fire
Department has requested the eastern drive be a minimum of 20-feet and not
narrowed to 18-feet as requested by Public Works staff. The revised plan has
indicated the floodplain location and provided a note stating the floodway will be
dedicated to the City.
The site is located within the Highway 10 Design Overlay District area. The
western portion of the site was previously developed as a PCD to allow the
existing carwash. When the site was developed the site did not comply with the
typical standards with regard to building setback and landscaping, both the front
and side landscape strip. The applicant is requesting to maintain the western
portion of the development as currently exists. The western perimeter landscape
strip ranges from 35-feet along Cantrell Road to three (3) feet adjacent to the
existing dumpster. The applicant is requesting the dumpster be allowed to
August 2, 2012
SUBDIVISION
ITEM NO.: 6 (Cont.) FILE NO.: Z-6179-C
9
remain. The Highway 10 Design Overlay District would typically require a
perimeter landscape strip averaging 25-feet. The landscape ordinance would
typically require a landscape strip adjacent to paved areas a minimum of nine (9)
feet. The dumpster has been located within the landscape strip since the site
originally developed.
The existing front yard landscape strip does not meet the 40-foot minimum
established by the Overlay and the front building setback is less than the
100-foot minimum established by the Overlay. The right of way for Cantrell Road
is not a straight line along the property frontage and is there is a large right of
way adjacent to the site because of a large drainage structure. The front building
setback for the existing building appears to be from 55-feet on the west side and
65-feet on the east side. Once again the reason for the variation is the irregular
right of way adjacent to the site. The front landscape strip is between ten (10) to
fifteen (15) feet.
The new construction is proposed with a front yard landscape strip matching the
width of the landscape strip on the existing developed site (15-feet). The eastern
perimeter landscape strip is 18-feet adjacent to Cantrell Road narrowing to
ten (10) feet within the interior of the site and increasing to 25-feet along the
southern perimeter. The Highway 10 Design Overlay District would typically
require a perimeter landscape strip averaging 25-feet.
The front building setback for the new building is proposed 60 to 65-feet from the
right of way for Cantrell Road. The applicant is requesting to place the building in
this location to align with the existing building on the site. The front setback for
both the existing and proposed new building are further back from Cantrell Road
than the existing mini-warehouse to the west and the Toddy Shop to the east.
The front setback for the two buildings are 33-feet and 39-feet respectively.
The site plan indicates two (2) development signs. The signs are proposed
six feet in height and seventy-two square feet in area. The Highway 10 Design
Overlay District allows only one sign per development site. Staff recommends
the signage for the development be limited to a single sign. Building signage is
proposed consistent with signage allowed in commercial zones or a maximum of
ten percent of the façade area.
The Overlay typically allows a minimum lot size of two acres and a single building
is allowed per two acres. The development proposes to create two (2) lots which
do not meet the minimum lot size criteria. The applicant is proposing the
construction of two (2) buildings on proposed Lot 1 and holding Lot 2 for future
development with C-3, General Commercial District uses. The size of the lots
1.16 acres and 0.52 acres does not meet the building site criteria of one building
August 2, 2012
SUBDIVISION
ITEM NO.: 6 (Cont.) FILE NO.: Z-6179-C
10
per two acres or the minimum lot size of two acres. The site exists as
two (2) parcels. The applicant is proposing to adjust the lot lines and lot areas for
the new development.
The request includes an in-lieu contribution for the required stormwater detention
since the development is adjacent to a floodway. The site plan indicates the
property within the floodway will be dedicated to the City. The site plan also
indicates a 25-foot access easement adjacent to the floodway as requested by
staff.
Staff is supportive of the request. Staff does not feel the variations from the
Highway 10 DOD to allow reduced lot sizes and a reduced landscape strip along
the perimeters will significantly impact the development or the area. The site is
adjacent to commercially zoned property to the east and west. The eastern
property is a liquor store and the property to the west is a mini-warehouse
development. Staff does not feel the reduction in the front landscape strip will be
a significant impact. The AHTD right of way extends into the site to cover an
existing drainage structure. The area will be maintained as a grassed
landscaped area even though the applicant does not own this area. Staff does
not feel the creation of the lots with less than the two (2) acre typical minimum lot
size will significantly impact the development. There are currently two (2) parcels
in a slightly different configuration and the property was purchased as
two (2) separate parcels. To staff’s knowledge there are no remaining
outstanding technical issues associated with the request. Staff feels the creation
of the two (2) lots and the expansion of the carwash site and the placement of a
new tunnel carwash is an appropriate use for the site
I. STAFF RECOMMENDATION:
Staff recommends approval of the request subject to compliance with the
comments and conditions as outlined in paragraphs D, E and F of the agenda
staff report.
Staff recommends approval of the in-lieu contribution for the required stormwater
detention.
Staff recommends the ground signage be limited to a single location with a
maximum height of six (6) feet and a maximum sign area of sixty-four (64)
square feet.
August 2, 2012
SUBDIVISION
ITEM NO.: 6 (Cont.) FILE NO.: Z-6179-C
11
PLANNING COMMISSION ACTION: (AUGUST 2, 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 presented a recommendation of approval of the in-lieu
contribution for the required stormwater detention. Staff presented a recommendation
the ground signage be limited to a single location with a maximum height of six (6) feet
and a maximum sign area of seventy-two (72) square feet.
There was no further discussion of the item. The Chair entertained a motion for
placement of the item of the Consent Agenda for approval as recommended by staff.
The motion carried by a vote of 8 ayes, 0 noes and 3 absent.
August 2, 2012
ITEM NO.: 7 FILE NO.: Z-7351-E
NAME: Jive and Java Bistro Coffee Shop Short-form PCD
LOCATION: Located at 8108 Stagecoach Road
DEVELOPER:
Clark’s Corner Company LLC
2409 Crystal Lake Circle
Alexander, AR 72002
SURVEYOR:
Global Surveying
217 West 2nd Street
Little Rock, AR 72201
AREA: 0.68 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
CURRENT ZONING: PCD
ALLOWED USES: Restaurant and C-3, General Commercial District uses as allowable
alternative uses
PROPOSED ZONING: Revised PCD
PROPOSED USE: Restaurant and C-3, General Commercial District uses as allowable
alternative uses – Allow the temporary building to remain on the site to serve as the
coffee shop
VARIANCES/WAIVERS REQUESTED: None requested.
BACKGROUND:
Ordinance No. 19,339 adopted by the Little Rock Board of Directors on June 21, 2005,
allowed a revision to Miracle Development Long-form PCD. The applicant proposed to
revise the previously approved PCD to allow the construction of a restaurant building on
Lot 2 of the Miracle Development Subdivision. The development was to occur in
two phases with the placement of a 10-foot by 20-foot prefabricated building on the site
and the construction of drives and parking areas to allow for a drive-thru coffee shop.
Phase II of the development would be the construction of a larger (24-foot by 50-foot)
site built building to be constructed in conjunction with additional parking and drives to
August 2, 2012
SUBDIVISION
ITEM NO.: 7 (Cont.) FILE NO.: Z-7351-E
2
allow for drive-thru sales as well as a small sitting area. The applicant indicated upon
completion of the site built building, the prefabricated building would be removed from
the site. The anticipated time frame for removal of the temporary building was
18 to 24 months. The approved hours of operation were from 6:00 am to 8:00 pm
Monday through Friday and 6:00 am to 6:00 pm Saturday.
On August 16, 2007, the Little Rock Planning Commission approved a request for a
one-year time extension for the placement of the permanent building. As of this date
the permanent building has not been placed on the site.
On April 21, 2011, the Little Rock Planning Commission approved a request to allow
additional time for construction of the permanent building. The approval allowed the
temporary building to remain on the site until May of 2012 at which time the building and
business would be removed or construction of the permanent building would begin.
This has not occurred.
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
The location at 8101 Stagecoach Road is currently the location of the initial
building for the drive through coffee shop. This location contains the original
building that was designed to establish the business at the location and approved
under the current zoning. The process for the development of this location is to
successfully build the business and then construct a larger building with drive
through and small interior seating and small external patio seating.
The downturn in the economy lead to lost sales volume and the scarcity of capital
from the local financial institutions. Everyone understands the economic issues
we have all faced and that is the reason that we have not begun the larger
building at this location. The first 18 months of business were positive that the
developer purchased the land versus continuing on a land lease. Within the next
6 months the economy began its downturn forcing the owner to eliminate the
four to five employees and operate the business themselves.
From the last extension the owner has preformed the conditions of the extension.
New financial terms negotiate with a new financial bank is allowing them to
proceed with plans to develop the property. The owner is proposing to submit
plans that will follow the land use approval by the Commission but it will be a
business of a different nature. The plans will begin, to coordinate with the
completion of the Arkansas Highway Department widening of Highway 5 and
making improved entrance ramp access from Stagecoach Road and I-430 south
bound. This entrance is directly in front of the business, entrance and exit, to the
current coffee shop. Any construction in this area will adversely affect business
during the time of construction.
August 2, 2012
SUBDIVISION
ITEM NO.: 7 (Cont.) FILE NO.: Z-7351-E
3
The new business will be a Quick Serve restaurant with drive through windows
and limited seating inside and outside. It will be products that are not currently
offered in the service area of this location. It will include an attractive building
and landscaped patio area.
The applicant is requesting to continue the Coffee Shop Bistro to build traffic and
income. This include with the new financial arrangements will allow the new
business a greater chance of success when opened. The financial institution
advises against opening before the highway department construction is
completed because traffic disruption will adversely affect the new business. The
request is for approval of the existing building and planned expansion. The
expansion will be as soon as the road construction has been completed and or
as soon as the economy allows a reasonable prospect of success. The applicant
has indicated the new construction will match any new construction or
development in the area.
B. EXISTING CONDITIONS:
The temporary building is in place on the site and grading/fill has taken place
along the southern perimeter proposed for future development. There is a large
area of floodway located to the south in an area that is zoned OS.
A mini-warehouse development is located to the south and east of the site,
adjacent to I-430. There is a carwash located adjacent to the site to the east.
Other uses in the area include a church located north of the site, a welding shop
and a mixture of auto related uses; ABC Salvage, a tire company, a used car lot
all to the west.
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 Crystal Valley Property
Owners Association, the Otter Creek Homeowners Association and Southwest
Little Rock United for Progress were notified of the public hearing.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Sidewalks with appropriate handicap ramps are required in accordance with
Section 31-175 of the Little Rock Code and the Master Street Plan.
August 2, 2012
SUBDIVISION
ITEM NO.: 7 (Cont.) FILE NO.: Z-7351-E
4
2. In accordance with Section 31-210(h)(7), parking spaces shall not be
permitted to back into an access easement.
3. A special Grading Permit for Flood Hazard Areas will be required per Section
8-283 prior to construction. Minimum finish floor elevation is required as
indicated on the site plan.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer available to this project.
Entergy: Entergy 30-foot right of way on 3-phase pole and 20-foot right of way
on single phase lateral. Contact Entergy at 569-5416 for additional information.
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. 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 work would be done at the expense of the developer. Contact
Central Arkansas Water if additional fire protection or metered water service is
required. Due to the nature of the facility, installation of an approved reduced
pressure zoned 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
test of the assembly must be completed by a Certified Assembly Tester licensed
by the State of Arkansas and approved Central Arkansas Water. The test results
must be sent to Central Arkansas Water’s Cross Connection Section within ten
(10) days of installation and annually thereafter. Contact the Cross Connection
Section at 377-1226 if you would like to discuss backflow prevention
requirements for this project.
Fire Department: Place fire hydrants per code. Maintain a minimum access of
at least 20-feet. Contact the Little Rock Fire Department for additional
information.
County Planning: No comment.
CATA: There is not a dedicated CATA Bus Route in the vicinity of this site.
August 2, 2012
SUBDIVISION
ITEM NO.: 7 (Cont.) FILE NO.: Z-7351-E
5
Parks and Recreation: No comment received.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: This request is located in the Otter Creek Planning District.
The Land Use Plan shows Commercial (C) for this property. The commercial
category includes a broad range of retail and wholesale sales of products,
personal and professional services, and general business activities. Commercial
activities vary in type and scale, depending on the trade area that they serve.
The applicant has applied for a rezoning from PCD (Planned Commercial
District) to PCD (Planned Commercial District) to allow for a temporary retail
building to continue use with no time limit for replacement with a permanent
structure on the site.
Master Street Plan: Stagecoach Road is a Principal Arterial on the Master Street
Plan. A Principal Arterial is to serve through traffic and to connect major traffic
generators or activity centers within the urbanized area. Entrances and exits
should be limited to minimize negative effects of traffic and pedestrians on both
Stagecoach Road since it is a Principal Arterial. 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 Lanes are shown along Stagecoach Road. Bike
Lanes provide a portion of the pavement for the sole use of bicycles.
Landscape: No comment.
G. SUBDIVISION COMMITTEE COMMENT: (July 11, 2012)
The applicant was present representing the request. Staff presented an
overview of the request stating there were few outstanding technical issues
associated with the request. Staff stated they had received a copy of the
updated survey.
Public Works comments were addressed. Staff stated sidewalks were required
with the redevelopment of the site.
Staff noted at the time of the permanent construction landscaping would be
required in conjunction with the parking area. Staff stated in addition building
landscaping would also be required.
August 2, 2012
SUBDIVISION
ITEM NO.: 7 (Cont.) FILE NO.: Z-7351-E
6
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 in need of addressing raised at the
July 11, 2012, Subdivision Committee meeting. The request is to allow a
temporary building to remain on the site. The applicant has indicated a
permanent building will be constructed as soon as AHTD completes the
reconstruction of the entrance ramps to I-430 near the site or as soon as the
economy allows a reasonable prospect of success. The applicant states the new
construction will match any new construction or development in the area.
The new building is proposed as a Quick Serve restaurant with drive through
windows and limited seating inside and outside. The new construction will include
a landscaped patio area. The building is proposed between 1,200 and
2,500 square feet depending on the “brand” that selects this location. The site
plan includes 23 on-site parking spaces. Staff feels there will be adequate
parking on the site since the majority of the business will be via take-out
windows.
The applicant has indicated signage will comply with signage allowed in
commercial zones or a maximum of 36-feet in height and 160 square feet in
area. Building signage will be limited to ten (10) percent of the front façade.
Directional signage will be placed on the site indicating locations for drive-thru
service. All speakers and menu order boards will be screened per Section
36-298(1).
The hours of operation for the coffee shop will not change. The hours of
operation for the new restaurant are proposed from 6:00 am to midnight seven
days per week to allow for flexibility in the future user.
Staff is supportive of the request. The applicant has indicated the previous
construction could not occur due to the down-turn in the economy. The applicant
has indicated they are pursuing a different business plan than the coffee shop
and proposing to place a restaurant with drive-thru service on the site. Staff feels
there should be a limit placed on the time for construction of the permanent
building and feels 24 months is a reasonable time to allow the construction.
To staff’s knowledge there are no remaining outstanding technical issues
associated with the request. Staff feels the request for the PCD as proposed is
reasonable.
August 2, 2012
SUBDIVISION
ITEM NO.: 7 (Cont.) FILE NO.: Z-7351-E
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 the permanent building be constructed within 24-months of
approval by the Little Rock Board of Directors.
PLANNING COMMISSION ACTION: (AUGUST 2, 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 that the permanent
building be constructed within 24-months of approval of this request by the Little Rock
Board of Directors.
There was no further discussion of the item. The Chair entertained a motion for
placement of the item of the Consent Agenda for approval as recommended by staff.
The motion carried by a vote of 8 ayes, 0 noes and 3 absent.
August 2, 2012
ITEM NO.: 8 FILE NO.: Z-7603-G
NAME: Cantrell Falls Revised Long-form PCD
LOCATION: Located at 14910 Cantrell Road
DEVELOPER:
PDC Companies
1501 N. University Avenue
Little Rock, AR 72207
ENGINEER:
The Holloway Firm, Inc.
Mr. Bob Holloway
200 Casey Drive
Maumelle, AR 72113
AREA: 7.93 acres NUMBER OF LOTS: 4 FT. NEW STREET: 0 LF
CURRENT ZONING: PCD
ALLOWED USES: O-3, General Office District and Selected retail uses
PROPOSED ZONING: Revised PCD
PROPOSED USE: O-3, General Office District and C-1, Neighborhood Commercial
District and All About Tire and Brake as an allowable use
VARIANCES/WAIVERS REQUESTED: None requested.
BACKGROUND:
A request to rezone a portion of this site from R-2, Single-family to POD was filed and
withdrawn from consideration prior to the June 3, 2004, Planning Commission Public
Hearing. The applicant proposed a development to include office and commercial
activities on 3.6 acres located along the western portion of this site. (Z-7603)
Ordinance No. 19,314 adopted by the Little Rock Board of Directors on April 19, 2005,
established PDC Company Short-form POD. The request included the development of
a 3.6 acre parcel as a Planned Office Development with a restaurant facility on one of
the proposed lots and an office building on the second lot. Lot 1 would develop with a
August 2, 2012
SUBDIVISION
ITEM NO.: 8 (Cont.) FILE NO.: Z-7603-G
2
restaurant without drive-through service containing 4,500 square feet and Lot 2 would
develop with 29,200 square foot of office space. The overall percent for each use on
the site was eighty-seven percent office and thirteen percent commercial. The approval
established the hours of operation from 6 am to midnight seven days per week. The
development has not been constructed. (Z-7603-A)
On June 22, 2006, the Little Rock Planning Commission denied a request to allow
14910 Cantrell Road (adjacent to the east) and the PDC Company Short-form POD to
be rezoned from R-2, Single-family and POD to PCD to allow a four-lot subdivision with
a combination of sit-down and drive-through restaurants. The lots varied in size from
1.3 acres to 2.5 acres. Restaurant sizes range from 4,100 square feet to 7,200 square
feet. A cul-de-sac would be constructed as a public street from Highway 10 through the
middle of the lots to provide public street frontage for each lot. The developer
requested the flexibility to shift lot area and restaurant size within the development to
accommodate a variety of tenants. A 40-foot access and utility easement was proposed
from the cul-de-sac to a property located to the east of the site. The site was approved
as a PCD to allow the construction of a strip retail center with no parking or access
located along the rear of the building. According to the applicant access to the site to
the east would allow circulation between developments and limit the need for vehicles to
access Cantrell Road from the development site. Placement of the access easement
would allow vehicles from as far west as Regions Bank to access the existing traffic
signal for protected left turns. The item was not appealed to the Board of Directors.
(Z-7603-B)
On January 18, 2007, the Planning Commission approved a rezoning of 14910 Cantrell
Road from R-2, Single-family to PCD which allowed the development of 4.2 acres as a
two lot development. The site plan indicated two buildings would be constructed on the
site. A building containing 7,200 square feet and 107 parking spaces was proposed on
the lot fronting Cantrell Road and a second building containing 6,300 square feet and
110 parking spaces was proposed for the rear lot. A maximum of 13,000 square feet of
restaurant space was approved. A selected list of commercial uses was approved for
the site other than a restaurant. The hours of operation for a restaurant facility were
limited to 10:00 am to midnight seven days per week. The lots were proposed each
containing in excess of two acres. Access to the development was proposed through a
24-foot drive located along the western perimeter of the site and was to be shared with
the property approved for PDC Short-form POD located to the west proposed for future
development with office and commercial uses. On February 6, 2007, the Little Rock
Board of Directors approved Ordinance No. 19,694 allowing the rezoning.
The following uses were approved as allowable uses for the development: Bank or
savings and loan, Book and stationary store, Camera shop, Clinic (medical, dental or
optical), Clothing store, Eating place without drive-in service, Florist shop, Furniture
store, Hardware or sporting goods store, Health studio or spa, Jewelry store, Laundry,
August 2, 2012
SUBDIVISION
ITEM NO.: 8 (Cont.) FILE NO.: Z-7603-G
3
domestic cleaning, Office (general and professional), Optical shop, Photography studio,
Retail uses not listed (enclosed).
A definition of a “sit down restaurant” was also approved. A “sit down restaurant” is a
type of restaurant, which provides tables where one sits down to eat a meal, typically
served by wait staff. Historically called simply restaurants, following the rise of fast food
restaurants, a retronym for the older “standard” restaurant was created. Most
commonly, “sit down restaurant” refers to a casual dining restaurant with table service
rather than a fast food service where one orders food at a counter. Sit down
restaurants are often further categorized as “family style” or “formal”. (Z-7603-C)
Ordinance No. 19,946 adopted by the Little Rock Board of Directors on April 1, 2008,
rezoned both 14910 and the PDC development from POD and PCD to PCD. The
approval allowed a 3,400 square foot drive-through restaurant on Lot 1, a
29,180 square foot office building on Lot 2, a 6,560 square foot restaurant on Lot 3 and
a 6,000 square foot restaurant, a 10,500 square foot retail center and a 2,000 square
foot bank on Lot 4. (Z-7603-D)
The hours of operation for the development were approved from 6:00 am to midnight
seven days per week for Lots 1, 2 and 4 and from 10:00 am to midnight seven days per
week for Lot 3. The hours of dumpster service and the service hours of supplies were
limited to daylight hours.
The approved uses were limited to the following: Bank or savings and loan, Book and
stationary store, Camera shop, Clinic (medical, dental or optical), Clothing store, Eating
place without drive-in service, Florist shop, Furniture store, Hardware or sporting goods
store, Health studio or spa, Jewelry store, Laundry, domestic cleaning, Office (general
and professional), Optical shop, Photography studio, Retail uses not listed (enclosed).
The development was required to construct an earthen berm along the Cantrell Road
frontage within the 40-foot landscape strip constructed to a minimum height of
42-inches measured from the average grade of the site. Within the 40-foot landscape
strip an earthen sculpture and stone water feature would be constructed along with the
landscaping as typically required to comply with the Highway 10 DOD.
On September 18, 2008, the Little Rock Planning Commission denied a request to allow
the placement of an individual tenant sign on Lot 1 to serve the Burger King. The denial
was appealed to the Board of Directors and scheduled to be heard on January 5, 2009,
but was withdrawn by the applicant prior to the public hearing. (Z-7603-E)
On March 10, 2011, the Little Rock Planning Commission recommended for approval a
revision to the PCD for a modification to the site plan along the eastern portion of the
site (Lots 3 and 4). The applicant proposed to create an additional lot along the eastern
August 2, 2012
SUBDIVISION
ITEM NO.: 8 (Cont.) FILE NO.: Z-7603-G
4
perimeter to allow the construction of an automotive service facility within this area in
addition to the sit down restaurant and stand alone retail building. The revised site plan
allowed for a reduction of parking in an effort to create additional landscaped areas.
Lots 1 and 2 would remain unchanged from the originally approved site plan. Lots 3
and 4 would be subdivided into Lots 3, 4 and 5. A 6,560 square foot restaurant building
would locate on Lot 3. Lot 4 was proposed with a 7,200 square foot automotive service
facility and Lot 5 was proposed to develop with a 5,000 square foot restaurant building.
The Little Rock Board of Directors denied this request at their April 19, 2011, public
hearing. (Z-7603-F)
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
The request is to amend the approved PCD for Lots 3 and 4 of the proposed
development. Lot 3 was previously approved for a 6,500 square foot restaurant
and Lot 4 was approved for a 10,500 square foot retail center a 6,560 square foot
restaurant and a 2,000 square foot bank. The applicant is proposing to
accommodate a less intense use on Lot 3 by developing a 12,000 square foot
retail building with an auto care facility similar to Christian Brothers Automotive
that was built on Chenal Parkway. There are four (4) lease spaces each
1,200 square feet and the 7,200 square foot All About Tire and Brake on
proposed Lot 3. Lot 4 is proposed with 16,500 square feet of retail lease space
and a 5,600 square foot restaurant. Lots 1 and 2 will remain the same with a
3,400 square foot restaurant with drive-through service and a 29,180 square foot
office building located on Lot 2. The office uses proposed are as allowed in the
O-3, General Office Zoning District. The applicant is requesting the allowance of
the accessory uses as allowed in the O-3, General Office Zoning District within
the office building proposed on Lot 2. The square footage of the accessory use
will not exceed ten (10) percent of the total floor area of the office building.
The request is to revise the allowable uses for the proposed development. The
applicant has indicated the uses proposed for the two (2) lots will be the uses as
allowed in the C-1, Neighborhood Commercial Zoning District.
The hours of operation for the four lots are proposed from 6:00 am to midnight
seven days per week as was originally approved for Lots 1, 2 and 4. The
applicant is requesting to remove the limited hours of operation for Lot 3 since a
stand alone restaurant is no longer being requested for this lot.
All other previous commitments continue to apply to the development.
August 2, 2012
SUBDIVISION
ITEM NO.: 8 (Cont.) FILE NO.: Z-7603-G
5
B. EXISTING CONDITIONS:
The entire site was cleared and leveled with the construction of the Burger King
restaurant. No other buildings have been constructed. This site is located near
the Taylor Loop/Cantrell Road commercial node. To the east of the site is
Wal-Greens, a strip retail center and Buffalo Wild Wings. The area to the north is
undeveloped; currently zoned R-2, Single-family. To the west of the site is a
branch bank adjacent to Cantrell Road, with a dentist office and a medical office
located in the rear of the bank property on separate lots. South of the site are
vacant properties zoned R-2, Single-family, the Easter Seals Training and
Wellness Center, Branch Banks and a Montessori school.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has received several phone calls from area residents
requesting additional information. All property owners located within 200-feet of
the site, the Tulley Cove Neighborhood Association, the Pinnacle Valley
Neighborhood Association, the Secluded Hills Property Owners Association, the
Westchester Heatherbrae Property Owners Association and the Westbury
Neighborhood Association were notified of the public hearing.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Cantrell Road is classified on the Master Street Plan as a principal arterial.
Dedication of right-of-way to 55 feet from centerline will be required.
2. Sidewalks with appropriate handicap ramps are required to be installed to
the north property line in accordance with Section 31-175 of the Little Rock
Code and the Master Street Plan.
3. Access ramps must be installed in compliance with ADA standards at all
driveway and street cuts.
4. Sidewalks with appropriate handicap ramps are required along Cantrell
Road in accordance with Section 31-175 of the Little Rock Code of
Ordinances and the Master Street Plan.
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).
August 2, 2012
SUBDIVISION
ITEM NO.: 8 (Cont.) FILE NO.: Z-7603-G
6
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
submitted and approved prior to the start of construction.
7. Stormwater detention ordinance applies to this property. Show the
proposed location for stormwater detention facilities on the plan.
8. Driveway locations and widths do not meet the traffic access and circulation
requirements of Sections 30-43 and 31-210. Besides the drive through
driveway or median cut only one other driveway or median cut is allowed for
Lot 2. Besides the driveway or median cut north of the proposed building,
Lot 3 must share a driveway with Lot 4. This driveway should align with the
driveway on the west side of the private street. The width of the driveway
must not exceed 36-feet.
9. The right turn lane median located on the east side of the Cantrell
Road/private street intersection must be removed.
10. Obtain permits for improvements within State Highway right-of-way from
AHTD, District VI.
11. 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).
12. 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 for
additional information.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer main extension required, with easements, for this project.
Contact Little Rock Wastewater Utility for additional information.
Entergy: No comment received.
Center-Point Energy: No comment received.
AT & T: No comment received.
August 2, 2012
SUBDIVISION
ITEM NO.: 8 (Cont.) FILE NO.: Z-7603-G
7
Central Arkansas Water: All Central Arkansas Water requirements in effect at
the time of request for water service must be met. A water main extension will be
needed to provide water service to this property. This development will have
minor impact of the existing water distribution system. Proposed water facilities
will be sized to provide adequate pressure and fire protection. The Little Rock
Fire Department needs to evaluate this site to determine whether additional
public and/or private fire hydrant(s) will be required. If additional fire hydrant(s)
are required, they will be installed at the Developer’s expanse. 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 additional 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. Due to the nature of the
facility, installation of an approved reduced pressure zoned 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 test of the assembly must be
completed by a Certified Assembly Tester licensed by the State of Arkansas and
approved Central Arkansas Water. The test results must be sent to Central
Arkansas Water’s Cross Connection Section within ten (10) days of installation
and annually thereafter. Contact the Cross Connection Section at 377-1226 if
you would like to discuss backflow prevention requirements for this project. The
facilities on site will be private. When meters are planned off private lines,
private facilities shall be installed to Central Arkansas Water’s material and
construction specifications and installation will be inspected by an engineer,
licensed to practice in the State of Arkansas. Execution of a Customer Owned
Line Agreement is required.
Fire Department: Place fire hydrants per code. Maintain a minimum access of
at least 20-feet. Contact the Little Rock Fire Department for additional
information.
County Planning: No comment.
CATA: The Pinnacle Mountain Express Route (Route #25) runs along
Cantrell Road adjacent to this site.
August 2, 2012
SUBDIVISION
ITEM NO.: 8 (Cont.) FILE NO.: Z-7603-G
8
Parks and Recreation: No comment received.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: This request is located in the River Mountain Planning
District. The Land Use Plan shows Mixed Use (MX) for this property. This
category provides for a mixture of residential, office and commercial uses to
occur. A Planned Zoning District is required if the use is entirely office or
commercial or if the use is a mixture of the three. The applicant has applied for a
rezoning from PCD (Planned Commercial District) to PCD (Planned Commercial
District) to allow for the development of retail and an auto related business rather
than a sit-down restaurant on one of the undeveloped tracts on this site. This is
within the Highway 10 Overlay and minimum lot size as well as landscaping,
signage and setbacks have special recommendation.
Master Street Plan: Cantrell Road is a Principal Arterial on the Master Street
Plan. A Principal Arterial is to serve through traffic and to connect major traffic
generators or activity centers within the urbanized area. Entrances and exits
should be limited to minimize negative effects of traffic and pedestrians on
Cantrell Road since it is a Principal Arterial. 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 I Bike Path is shown along Cantrell Road. A Bike Path is
to be a paved path physically separate for the use of bicycles. Additional
right-of-way or and easement is recommended. Nine-foot paths are
recommended to allow for pedestrian use as well bicycles (replacing the
sidewalk).
Landscape:
1. The site plan must comply with the City’s landscape and buffer ordinance
requirements.
2. All previous comments apply.
3. The Highway Ten (10) Overlay requires a forty foot (40’) landscape strip
along Arkansas Highway Ten (10); the site appears to be meeting this
minimal requirement.
4. The Highway Ten (10) Overlay requires a twenty-five foot (25’) land use
buffer area around the sites entirety. Proposal is deficient along the
eastern, northern, and western perimeters of the site.
August 2, 2012
SUBDIVISION
ITEM NO.: 8 (Cont.) FILE NO.: Z-7603-G
9
5. It appears the driveway behind the eastern property line, or a portion
thereof; may be eliminated allowing for compliancy to the Highway Ten (10)
Overlay along a portion of the eastern property line.
6. The zoning ordinance requires a thirty-eight foot (38’) land use buffer along
the northern property line, next to the residentially zoned property. Seventy
percent (70%) of this area must remain undisturbed. Current proposal is
not meeting this minimal undisturbed area nor the minimal amount of green
space required per the zoning ordinance.
7. The landscape ordinance requires a minimum of 8% of the paved areas be
landscaped with interior islands of at least 7 ½ feet in width and 300 square
feet in area.
8. The landscape ordinance requires a nine foot (9’) wide landscape strip
around the sites entirety; a variance from this minimal amount will be
required by the City Beautiful Commission prior to the issuance of a building
permit.
9. The landscape ordinance requires a nine foot (9’) wide landscape strip
around each individual lot; currently, the site plan is not meeting this
minimal amount. A variance from the City Beautiful Commission must be
obtained prior to the issuance of a building permit.
10. A small amount of building landscaping is required at each building location.
The landscaping is to be located between the building structure and the
parking lot(s).
11. Overall site is being reviewed as one development; therefore, each lot must
have an automatic irrigation system and have a landscape plan stamped by
a Registered Landscape Architect.
12. Berming is needed along AR Highway Ten (10).
13. 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
northern perimeter of the site. Credit towards fulfilling this requirement can
be given for existing trees and undergrowth that satisfies this year-around
requirement.
14. 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.
August 2, 2012
SUBDIVISION
ITEM NO.: 8 (Cont.) FILE NO.: Z-7603-G
10
G. SUBDIVISION COMMITTEE COMMENT: (July 11, 2012)
Mr. Mark Redder and Mr. Steve Hockersmith were present representing the
request. Staff presented an overview of the request stating there were a number
of outstanding technical issues associated with the request. Staff stated the
cover letter indicated there were no changes to Lot 4 but the site plan differed
from the previously approved site plan. Staff stated the modifications were to
Lots 3 and 4 with Lots 1 and 2 remaining unchanged. Staff requested Mr.
Hockersmith review the previously approved allowable uses to determine if these
uses remained as the proposed uses. Staff stated one of the uses was retail
uses not listed (enclosed) staff requested Mr. Hockersmith state from which
zoning district this was being requested.
Public Works comments were addressed. Staff stated the proposed driveways
into the various lots should be redesigned to limit the number of access points.
Staff stated the site plan indicated access to the property to the north and if the
owner intended to serve these properties the access drive should be designed to
meet the minimum standards of the Subdivision Ordinance. Staff stated
sidewalks would be required on both sides of the access drive. Staff stated a
grading permit was required prior to construction of the lots. Staff stated the
stormwater detention ordinance would apply to the proposed development.
Landscaping comments were addressed. Staff stated the site was located within
the Highway 10 Design Overlay District. Staff noted the variations from the DOD
with regard to landscaped areas. Mr. Redder stated the reductions were apart of
the original approval. Staff noted they were providing information and would note
in the write-up areas which were previously approved. Staff noted berms were
apart of the original approval and were required along Cantrell Road.
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 July 11, 2012, Subdivision Committee meeting. The revised
plan has relocated the drives as requested by staff. Sidewalks have been
included on the access drive as required by City ordinance. The revised cover
letter indicates the proposed uses for Lots 3 and 4 will be those allowed in the
C-1, Neighborhood Commercial Zoning District.
August 2, 2012
SUBDIVISION
ITEM NO.: 8 (Cont.) FILE NO.: Z-7603-G
11
The request is to amend the approved PCD for Lots 3 and 4 of the proposed
development. Lot 3 was previously approved for a 6,500 square foot restaurant
and Lot 4 was approved for a 10,500 square foot retail center, a 6,560 square
foot restaurant and a 2,000 square foot bank. Lots 1 and 2 will remain the same
with a 3,400 square foot restaurant with drive-through service and a
29,180 square foot office building located on Lot 2. The applicant is requesting
the allowance of the accessory uses as allowed in the O-3, General Office
Zoning District within the office building proposed on Lot 2. The square footage
of the accessory use will not exceed ten (10) percent of the total floor area of the
office building.
Lot 3 is proposed with a 12,000 square foot retail building which includes an All
About Tire and Brakeand four (4) lease spaces each containing 1,200 square
feet. The auto care use is proposed with 7,200 square feet. Lot 4 is proposed
with 16,500 square feet of retail lease space and a 5,600 square foot restaurant.
The request is to revise the allowable uses for Lots 3 and 4. The applicant has
indicated the uses proposed for the two (2) lots will be the uses as allowed in the
C-1, Neighborhood Commercial Zoning District.
The hours of operation proposed for the four (4) lots are from 6:00 am to
midnight seven (7) days per week as was originally approved for Lots 1, 2 and 4.
The applicant is requesting to remove the limited hours of operation for Lot 3
since a “sit down” restaurant is no longer being requested for this lot.
The previous commitment to install and earthen berm along the Cantrell Road
frontage within the 40-foot landscape strip constructed to a minimum height of
42-inches measured from the average grade of the site will continue to apply to
the proposed development. The applicant also states as was previously
committed within the 40-foot landscape strip along Cantrell Road on the western
side of the driveway an earthen sculpture with a stone water feature will placed to
identify the development and will be landscaped per the typical standards of the
Highway 10 Design Overlay District. The applicant states in the revised cover
letter the water feature will be installed within six (6) months of the issuance of a
building permit for Lot 3. The berm located on Lot 4 will be completed with the
development of Lot 4.
The site plan for Lots 3 and 4 includes a 20-foot landscape strip along the
eastern and northern perimeters. The Highway 10 Design Overlay District
typically requires the placement of a landscape strip around the sites perimeter
averaging 25-feet. The previous approval allowed the landscape strip to be
reduced to 20-feet as currently proposed. The zoning buffer ordinance would
typically require the placement of a 38-foot land use buffer along the northern
August 2, 2012
SUBDIVISION
ITEM NO.: 8 (Cont.) FILE NO.: Z-7603-G
12
perimeter of the site of which 70 percent is to remain undisturbed. The plan for
Lot 3 indicates the placement of a 20-foot land use buffer along the northern
perimeter and within the buffer area detention storage is indicated which
eliminates the undisturbed buffer area. Although the previously approved plan
indicated a 20-foot land use buffer the plan did not indicate the buffer area would
be cleared. In addition, the dumpster site is located on the common lot line of
Lots 3 and 4 and is located within the landscape strip on the eastern perimeter.
The ground sign for Lot 4 will be shared with the overall development sign. The
original approval allowed for an overall development sign ten (10) feet in height
and 100 square feet in area to identify the overall development and the uses
located on Lots 1 and 4. A ground mounted monument sign is proposed for
Lot 3. The sign will not exceed six (6) feet in height and 64 square feet in area.
Building signage for Lot 3 will limited to the front façade limited to ten (10)
percent of the total façade area. Signage for Lot 4 will be on the western façade
fronting the access drive and along the southern end of the building which has
frontage on Cantrell Road. The maximum sign area proposed for these lease
spaces is limited to ten (10) percent of the façade area. Lot 2 will contain a
single ground mounted sign not to exceed six feet in height and sixty-four square
feet in area. Building signage will be on the south and east facades of the
building.
The development is served with a cross access and cross parking agreement.
The plan includes the placement of 56 parking spaces on proposed Lot 3 and
101 parking spaces on Lot 4. There are four (4) spaces located on Lot 4 along
the access drive between Lots 3 and 4 which staff does not support due to the
spaces backing into the access easement. With the removal of these four (4)
spaces there will be a total of 97 parking spaces on Lot 4. Based on the typical
parking required for a shopping center development (1 parking space per
225 gross square feet of floor area) Lot 3 would be required 53 parking spaces
and Lot 4 would be required 98 parking spaces.
The applicant states all of the buildings constructed on the individual lots will be
of high quality material, with a residential look, brick, stone, with no exposed
metal or mechanical units. The roofs will be either be a minimum 6:12 pitch with
architectural shingles or low-slope roof with parapet walls to conceal roof
mounted mechanical units. All site lighting will be low level and directional,
directed downward and into the site as required by the Highway 10 Design
Overlay District.
In the previous recommendation staff did not support the request for the revision
to the PCD for two reasons; one being the splitting of the two eastern lots into
three lots and the second was the proposed use of the property as an auto
August 2, 2012
SUBDIVISION
ITEM NO.: 8 (Cont.) FILE NO.: Z-7603-G
13
service center. The concern was creating the additional lot which was less than
the two acre minimum lot size prescribed by the Highway 10 Design Overlay
District and also the visual aspects of the building design and potential for
outdoor storage for the auto care business. The applicant has assured staff
there will be no outdoor storage of merchandise or of waste tires/materials
related to the auto service facility. The applicant has also provided building
elevations which appear to minimize the overhead doors required for the auto
service business. The building places the overhead doors along the eastern side
of the building which will be somewhat screened from Highway 10 by the retail
building located on Lot 4. The applicant has committed to building materials such
as brick or stone with no exposed metal. According to the applicant the building
design will be residential in character with a pitched roof or a low sloped parapet
wall.
I. STAFF RECOMMENDATION:
Staff is supportive of the request subject to the following conditions:
1. Compliance with the comments and conditions as outlined in paragraphs D, E
and F of the agenda staff report.
2. The auto care business to locate on Lot 3 is limited to All About Tire and
Brake.
3. The building materials must be high quality materials such as brick or stone
and the building must be constructed with a residential style and appearance.
Staff is supportive of the land use buffer and the landscape strip around the
perimeters of the site as presented on the site plan.
Staff recommends the four parking spaces located on the northern portion of
Lot 4 which would back into the access easement be removed.
Staff recommends the dumpsters located on the common lot line between Lots 3
and 4 be relocated outside the landscape strip.
PLANNING COMMISSION ACTION: (AUGUST 2, 2012)
The applicant was present. There were registered objectors present. Staff presented
the item with a recommendation of approval subject to the following conditions:
August 2, 2012
SUBDIVISION
ITEM NO.: 8 (Cont.) FILE NO.: Z-7603-G
14
1. Compliance with the comments and conditions as outlined in paragraphs D, E and F
of the agenda staff report.
2. The auto care business to locate on Lot 3 is limited to All About Tire and Brake.
Staff stated the hours of operation for this business would be limited to 7 am to 7 pm
Monday through Saturday.
3. The building materials must be high quality materials such as brick or stone and the
building must be constructed with a residential style and appearance.
Staff stated they were supportive of the land use buffer and the landscape strip around
the perimeters of the site as presented on the site plan. Staff recommended the four
parking spaces located on the northern portion of Lot 4 which would back into the
access easement be removed. Staff also recommended the dumpsters located on the
common lot line between Lots 3 and 4 be relocated outside the landscape strip.
Mr. Mark Redder of Holloway Engineering addressed the Commission on behalf of the
developer. He stated the development was to revise the site plan for two of the four lots
within the Cantrell Falls Development. He stated the plan removed a restaurant from
the rear portion of the site and replaced the space with an auto care facility and four
bays of neighborhood commercial retail space. He stated the current plan was less
intense than the plan currently approved.
Mr. Nick Alsop, President of the Pinnacle Valley Neighborhood Association, addressed
the Commission in opposition of the request. He stated the property was located within
the boundary of his neighborhood association and felt the development would have the
most impact on the residents of the Pinnacle Valley Neighborhood Association. He
stated the residents of his neighborhood were opposed to the change to allow
commercial within the development. He stated a tire store was not conducive to the
area. He stated the residents desire a restaurant at the site more than additional retail
and a tire store. He stated this type development should be located at commercial
nodes and not away from intersections. He stated the business was not a BBB
accredited business. He stated this business clearly expanded the commercial node
from Taylor Loop and Cantrell further to the west into the transitional area. He stated
this area was more appropriate for quiet business development such as professional
office. The stated a tire store was inappropriate for this site and would degrade the
Highway 10 DOD. He stated the proposed plan was a low quality strip center, void of
creativity and demonstrated lack of interest by the developer in improving the aesthetics
of the City. He stated the proposed plan included large parking lots which exacerbated
the already problematic drainage issues to the west. He stated traffic was a concern.
He stated the development would potentially increase traffic in the area and would also
force patrons of the development to exit/enter a one-way drive at a location where traffic
August 2, 2012
SUBDIVISION
ITEM NO.: 8 (Cont.) FILE NO.: Z-7603-G
15
from the Taylor Loop commercial node was accelerating as it rounded the turn in
Cantrell heading west. He stated he felt this was unsafe.
Phil Cox, 5515 Tulley Cove, addressed the Commission in opposition of the request.
He stated he was in full support of the Highway 10 Overlay Plan. He stated he had
watched development occur along Highway 10 and appeared before the Commission in
the past requesting the Commission not vary the Highway 10 Plan. He requested the
Commission follow the Overlay and deny the request.
Greg Williams, 6 Thomas Park, addressed the Commission in opposition of the request.
He stated the developers had appeared before the Commission on a number of
occasions to request a change to the plan. He stated this site was not located at the
commercial node and felt there were places for the development to occur without
allowing commercial on this site.
Mr. Kirk Simmins, 1 Countryside Cove, addressed the Commission in opposition of the
request. He stated the Commission and Board of Directors had always allowed
exceptions to the Highway 10 Plan and had not followed any plan. He stated a tire
store was not contemplated for this site when the plans were developed. He stated the
Commission denied a request for a carwash and a battery store near this site stating
they were not compatible with the neighborhood. He stated typically this use was not a
clean use. There were cars parked around the building and trash scattered around the
site. He stated he did not see how a tire store fit with the Highway 10 Plan.
Ms. Hallie Simmins, 1 Countryside Court, addressed the Commission in opposition of
the request. She provided the Commission with an analogy of a young boy wanting to
play football until he heard the rules. He continued to want to play the sport but wanted
to set his own rules concerning his participation. She stated the developers were doing
the same with this development. She stated the Overlay was put in place to protect the
area from becoming striped-out and limited the types of development that could occur.
She stated we must all live by the rules. She stated the developers were requesting the
Commission vary the rules to allow the development to occur. She stated the residents
of the area did not want the use nor did they want the Commission to vary the rules to
allow the development to occur.
Mr. Ken Harrison addressed the Commission in opposition. He stated he was an
advocate for the Highway 10 scenic corridor plan and felt the plan should not be eroded
for the benefit of a few. He stated commercial development should be kept at
commercial nodes and not allowed to expand. He stated this development was clearly
an expansion of the commercial node from Taylor Loop.
August 2, 2012
SUBDIVISION
ITEM NO.: 8 (Cont.) FILE NO.: Z-7603-G
16
Mr. Mark Redder addressed the Commission stating the development was already
approved for commercial uses. He stated the overall intensity of the development was
less intense than the currently development. He provided the Commission with a
presentation with a slide locating similar types of services and the gap of service in this
area. He also provided the Commission with similar types of businesses and their
proximity to residential homes. He stated the use was a neighborhood use and would
be a good addition to the area.
Mr. Steve Hockersmith addressed the Commission as the developer. He stated the
building construction would be residential in style. He stated the buffers were not
changing. He stated the site was approved for commercial development and the
revisions to the site plan, removal of the restaurant and the branch bank facility reduced
the number of vehicle trips to the site. He stated a bank would generate 950 trips to the
site per day and the auto care business would generate 40 to 50 trips per day. He
stated the neighborhood restaurant was still on the site plan. It was located on the front
of the building on Lot 4. He stated this development was not generating the traffic. He
stated the traffic was already there and was near 36,000 vehicles per day. He stated
the tire business was limited to All About Tire and Brake. He stated the hours were
limited to 7 am to 7 pm Monday through Saturday. He stated the building would be
located 500 feet from Cantrell Road. He stated the reason for the redesign of Lot 4 and
the placement of the landscape islands as shown was to further screen the auto care
business from Cantrell Road. He stated the only reason the rear portion of the site was
being reviewed was because the development had frontage on Highway 10. He stated
if someone else owned the property or it was not a part of the Cantrell Falls
development then the Overlay requirements would not apply to the development. He
stated this development was not expanding the commercial node. He stated the
development was infilling the commercial node. He stated once the Burger King and
Regions Bank were approved the commercial node was expanded. This property was
infill.
There was a general discussion by the Commission concerning the development and
various actions by the Commission and the Board of Directors approving the site plan
up to this point. Commissioner Nunnley stated he remembered the public hearing and
the defining of a sit-down restaurant by the applicant. He stated he remembered the
discussions concerning the carwash and the battery store more recently. He
questioned if the tire store was a fit for this development.
Acting Chair Rector stated the reason for the denial of the carwash was because of its
proximity to residential and the reason for denial of the battery store was because it was
proposed in an area shown for office. He stated the approval of the battery store would
have expanded the commercial node beyond the presently established limits. He stated
this development was approved for commercial uses. He stated the nature of a planned
August 2, 2012
SUBDIVISION
ITEM NO.: 8 (Cont.) FILE NO.: Z-7603-G
17
development was such that as time changed there would be modifications to the site
plan and use mix.
Staff stated there were a number of terms being used interchangeably, scenic corridor,
design overlay, land use plan. Staff stated these were all tools to guide development
but were all individual items. Staff stated there were a number of scenic corridors and
this term dealt with the placement of bill boards. Staff stated I-430, I-630, Cantrell Road
and a number of other streets were scenic corridors. Staff stated the DOD was
developed to review development criteria and not land use. Staff stated the DOD was
created to established building setbacks, landscaped areas, lot sizes and not if a use
was appropriate for a site or development. Staff stated the land use plan was not
zoning but a guide to zoning. The land use plan established areas for various types of
development but did not deal with a specific use. Staff stated the land use plan was
designed to allow for placement of uses in areas and review the relationship of the uses
to the adjoining properties.
The Commission questioned the residents as to the real issue with the development.
The Commissions stated it was not traffic since traffic was already in the area. The
Commission questioned if it was traffic or the use of the site as an auto service
business. Mr. Nick Alsop stated for him it was the use. He stated the development
would also compound traffic problems in the area. Commissioner Bubbus stated he felt
if the objection was to traffic them the residents should welcome the proposed auto
service business since it was a less intense use.
There was no further discussion of the item. The chair entertained a motion for
approval of the item as recommenced by staff including all staff recommendations and
comments. The motion carried by a vote of 8 ayes, 0 noes and 3 absent.
August 2, 2012
ITEM NO.: 9 FILE NO.: Z-8101-B
NAME: Bishop Street Short-form PCD
LOCATION: Located North of Daisy L. Gatson Bates Drive between Martin Luther King
Drive and Bishop Street
DEVELOPER:
Ron Woods, AIA
2200 South Main Street
Little Rock, AR 72206
ENGINEER:
Blaylock Threet Engineers, Inc.
1501 Market Street
Little Rock, AR 72211
AREA: 0.97 Acres NUMBER OF LOTS: 1 Zoning Lot FT. NEW STREET: 0 LF
CURRENT ZONING: PCD
ALLOWED USES: C-3, General Commercial District and O-3,
General Office District
PROPOSED ZONING: Reestablish the PCD
PROPOSED USE: C-1, Neighborhood Commercial District and O-3,
General Office District
VARIANCES/WAIVERS REQUESTED: None requested.
BACKGROUND:
Ordinance No. 19,740 adopted by the Little Rock Board of Directors on April 17, 2007
rezoned the site from O-3, General Office District and C-3, General Commercial District
to PCD to allow the redevelopment of the site with a single building containing office
and retail uses. The structure contained approximately 20,000 square feet of floor area.
The use of the building was a mix of retail and office space. The retail portion included
approximately 10,076 square feet and the office space was approximately
10,000 square feet. There were fifty-two (52) onsite parking spaces and the developer
August 2, 2012
SUBDIVISION
ITEM NO.: 9 (Cont.) FILE NO.: Z-8101-B
2
was in negotiations with Arkansas Children’s Hospital to lease an additional thirty (30)
additional parking spaces adjacent to the property to the west.
The request included the abandonment of an alley located within the development. The
alley was located adjacent to Lots 4 – 6 and Lot 7R Centennial Addition to the City of
Little Rock. The alley was abandoned by the Little Rock Board of Directors also on
April 17, 2007 by the adoption of Ordinance No. 19,741.
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
The applicant is now requesting to reinstate the previously approved PCD to
allow the development of the site with a single building containing 22,000 square
feet on two levels. The first floor will be all retail with five (5) tenants, the anchor
tenant being a grocery store with 4,500 square feet; three (3) restaurants with a
total lease space of 4,586 square feet (1,684 square feet, 1,650 square feet and
1,252 square feet) and 1,914 square feet of general retail lease space. Three
areas of outdoor dining are included on the site plan. The second level will be
office space with the applicant’s architectural firm as the main tenant. The site
plan includes 69 on-site parking spaces.
B. EXISTING CONDITIONS:
The property is located at the northeast corner of Martin Luther King, Jr. Drive,
Bishop Street and Daisy L. Gatson Bates Drive and is occupied by three (3)
single-family residential structures. There is a mixture of uses in this general
area. Arkansas Children’s Hospital property is located immediately north and
west. The intersection of Martin Luther King, Jr. Drive and Daisy L. Gatson
Bates Drive has commercial uses on three of the four corners; these commercial
businesses including a barbershop, a strip center and a restaurant. Single-family
residential structures and vacant lots are located to the south and southwest.
There is an apartment building fronting on Dr. Martin Luther King Jr. Drive to the
north of this site.
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 Downtown and the
Central High Neighborhood Associations were notified of the public hearing.
August 2, 2012
SUBDIVISION
ITEM NO.: 9 (Cont.) FILE NO.: Z-8101-B
3
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. A 20 foot radial dedication of right-of-way is required at the intersections of
Bishop Street and Daisy L. Gatson Bates Drive and the Martin Luther King
Drive.
2. Repair or replace any curb and gutter or sidewalk that is damaged in the
public right-of-way prior to occupancy.
3. The alley has been abandoned.
4. Close all existing curb cuts not proposed for use.
5. A grading permit in accordance with Section 29-186 (c) and (d) will be
required prior to any land clearing or grading activities at the site. Other
than residential subdivisions, site grading and drainage plans must be
submitted and approved prior to the start of construction.
6. 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. Stormwater detention ordinance applies to this property. Show the
proposed location for stormwater detention facilities on the site plan.
8. Sidewalks with appropriate handicap ramps are required to be installed
along Bishop Street in accordance with Section 31-175 of the Little Rock
code and the Master Street Plan.
9. Driveway aprons must be constructed of concrete.
10. Handicap ramps in accordance with City details are required to be installed
at the street intersections and driveways in accordance with Section 31-175
of the Little Rock Code and the Master Street Plan.
11. 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).
August 2, 2012
SUBDIVISION
ITEM NO.: 9 (Cont.) FILE NO.: Z-8101-B
4
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Existing 8-inch sewer main located in the north/south alley of the
property. Relocation of the sewer main is required for the project. No permanent
building construction is allowed within alley until sewer main is relocated.
Entergy: Easements and relocation of existing facilities may be required as a
result of the project. All relocation expenses are the responsibility of the
customer. Contact Entergy at 569-5448 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. 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 the facility, installation of an approved reduced pressure zoned 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 test of the assembly must
be completed by a Certified Assembly Tester licensed by the State of Arkansas
and approved Central Arkansas Water. The test results must be sent to Central
Arkansas Water’s Cross Connection Section within ten (10) days of installation
and annually thereafter. Contact the Cross Connection Section at 377-1226 if
you would like to discuss backflow prevention requirements for this project.
Fire Department: Maintain a minimum access of at least 20-feet. Contact the
Little Rock Fire Department for additional information.
County Planning: No comment received.
CATA: The site is located on CATA Bus Route #11 – the Martin Luther King
Route.
August 2, 2012
SUBDIVISION
ITEM NO.: 9 (Cont.) FILE NO.: Z-8101-B
5
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 Mixed Use (MX) and Neighborhood Commercial (NC)
for this property. The Mixed Use category provides for a mixture of residential,
office and commercial uses to occur. A Planned Zoning District is required if the
use is entirely office or commercial or if the use is a mixture of the three. The
Neighborhood Commercial category includes limited small-scale commercial
development in close proximity to a neighborhood, providing goods and services
to that neighborhood market area. The applicant has applied to re-establish a
previously approved PCD (Planned Commercial District) to allow for the
development of retail and office on this site.
Master Street Plan: Daisy L. Gatson Bates Drive and Dr. Martin Luther King Jr.
Drive are both shown as Collectors on the Master Street Plan. 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: A Class II Bike Lanes are shown along Daisy L Gatson Bates Drive.
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. The dumpster is being shown within the nine foot (9’) wide landscape strip
along South Bishop Street; relocate.
3. The zoning ordinance requires a nine foot (9’) wide land use buffer along
the northeasterly portion of the site. Seventy percent (70%) of this area is
to remain undisturbed.
4. Building landscaping is required between the building structure and the
parking lot; a variance from the City Beautiful Commission must be obtained
prior to the issuance of a building permit.
5. This site is located within the “Designated Mature Area” of the City of Little
Rock; therefore, the landscape perimeter amounts can be reduced to six
foot nine inches (6’-9”) where a hardship lies.
August 2, 2012
SUBDIVISION
ITEM NO.: 9 (Cont.) FILE NO.: Z-8101-B
6
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
northeasterly perimeter of the site. Credit towards fulfilling this requirement
can be given for existing trees and undergrowth that satisfies this
year-around requirement.
7. The City Beautiful Commission recommends preserving as many existing
trees as feasible on this site. Credit toward fulfilling Landscape Ordinance
requirements can be given when preserving trees of six (6) inch caliper or
larger.
G. SUBDIVISION COMMITTEE COMMENT: (July 11, 2012)
Mr. Ron Woods was not present representing the request. Staff stated there
were few outstanding technical issues associated with the request in need of
addressing prior to the full Commission acting on the request. Staff stated they
would meet with Mr. Wood to try to resolve any of their concerns prior to the
public hearing. There was no further discussion of the item. The Committee
then forwarded the item to the full Commission for final action.
H. ANALYSIS:
The applicant submitted a revised site plan addressing staff’s concerns raised at
the July 11, 2012, Subdivision Committee meeting. The development is
proposed as a two-story building located on the north side of Daisy L Gatson
Bates Drive between Dr. Martin Luther King Drive and South Bishop Street. An
architectural feature, a clock tower, atop the building is proposed on each end of
the building. The maximum height proposed including the clock tower is 50-feet.
The request is to reinstate the previously approved PCD to allow the
development of the site with a single building containing 22,000 square feet on
two levels. The first floor will be all retail with five (5) tenants, the anchor tenant
being a grocery store with 4,500 square feet; three (3) restaurants with a total
lease space of 4,586 square feet (1,684 square feet, 1,650 square feet and
1,252 square feet) and 1,914 square feet of general retail lease space. The
restaurant users will also have areas of outdoor dining with a total square footage
of 1,059 square feet. C-1, Neighborhood Commercial District uses as the uses
proposed for the building. The second floor will be O-1, Quiet Office uses.
Parking for a mixed use development is typically provided at one parking space
per 225 gross square feet of floor area. The development is proposed with
22,000 square feet of building area and an additional 1,059 square feet of
outdoor dining for a total square footage of 23,059 square feet. Based on this
August 2, 2012
SUBDIVISION
ITEM NO.: 9 (Cont.) FILE NO.: Z-8101-B
7
typical requirement a total of 102 parking spaces would typically be required.
The site plan indicates 69 on-site parking spaces.
The building construction is proposed with a building skin of metal wall panels or
EIFS that simulates metal wall panels. A flat roof is proposed. All condensing
units will be located on the roof of the building. The building will have a parapet
wall to screen the mechanical equipment from view.
The building will be “pulled up” to the street on all the street sides. The building
is located 12-feet 4-inches from the western property line and 10-feet from the
southern property line. Access to the parking lots will be from Martin Luther King
Drive and South Bishop Street. The existing alley located on the site will be
resurfaced and asphalted to a minimum width of 20-feet from West 13th Street to
the parking area to allow proper access.
Building signage is proposed on the facades abutting the public streets. Portraits
of Dr. Martin Luther King Jr. and Daisy L. Gatson Bates will be placed within the
architectural clock tower face. Signage will also be included within the plaza
screen wall to identify the tenants of the development. An architectural feature
will be included at the entrance to the development on Daisy Gatson Bates Drive
and Dr. Martin Luther King Drive. The feature will include a reflecting pool and
fountain, decorative planters and a concrete plaza area. Building signage will
comply with signage allowed in commercial zones.
The areas of outdoor dining will be fenced with a four foot high metal fence.
Screening will be installed along the northern portion of the parking area
proposed with 22 parking spaces adjacent to the existing apartment building.
The screening has not been determined but will provide the year around
screening as required by the buffer ordinance. The applicant has indicated
screening will not be provided along the portion of parking abutting property
owned by Arkansas Children’s Hospital on Bishop Street since the
redevelopment of the property will most likely not be residential. Interior
landscaping will be provided as required by the landscape ordinance. To comply
with the minimum requirement the applicant may lose one or two parking spaces.
Staff is supportive of allowing the loss of parking to provide interior landscaping.
Although the development is not providing parking as typically required by zoning
ordinance staff does not feel this will negatively impact the area. The site is
located two blocks from a major employer and the development is proposed as a
neighborhood center and not a destination center. Staff feels a number of the
neighborhood residents as well as the employees and/or clients from the
adjacent hospital and clinics will walk to the center for services. The uses
proposed for the center are uses typically found in close proximity to residential
August 2, 2012
SUBDIVISION
ITEM NO.: 9 (Cont.) FILE NO.: Z-8101-B
8
areas. To staff’s knowledge there are no remaining outstanding technical issues
associated with the request. Staff feels the development as proposed is
appropriate.
I. STAFF RECOMMENDATION:
Staff recommends approval of the request subject to compliance with the
comments and conditions as outlined in paragraphs D, E and F of the agenda
staff report.
PLANNING COMMISSION ACTION: (AUGUST 2, 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
placement of the item of the Consent Agenda for approval as recommended by staff.
The motion carried by a vote of 8 ayes, 0 noes and 3 absent.
August 2, 2012
ITEM NO.: 10 FILE NO.: Z-8383-A
NAME: 4305 North Lookout Short-form PD-R
LOCATION: Located at 4305 North Lookout
DEVELOPER:
Joel Dworkin
4305 North Lookout
Little Rock, AR 72205
ENGINEER:
White-Daters and Associates
24 Rahling Circle
Little Rock, AR 72223
AREA: 0.2 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
CURRENT ZONING: R-2, Single-family
ALLOWED USES: Single-family residential
PROPOSED ZONING: PD-R
PROPOSED USE: Residential – Setbacks which do not comply with the
Hillcrest DOD
VARIANCES/WAIVERS REQUESTED: None requested.
The applicant failed to respond to subdivision committee comments. Staff recommends
deferral of this item to the September 13, 2012, public hearing.
PLANNING COMMISSION ACTION: (AUGUST 2, 2012)
The applicant was present. There were no registered objectors present. Staff presented
the item stating the applicant failed to respond to comments raised at the July 11, 2012,
Subdivision Committee meeting. Staff presented a recommendation of deferral of the
item to the September 13, 2012, public hearing.
August 2, 2012
SUBDIVISION
ITEM NO.: 10 (Cont.) FILE NO.: Z-8383-A
2
There was no further discussion of the item. The Chair entertained a motion for
placement of the item of the Consent Agenda for approval as recommended by staff.
The motion carried by a vote of 8 ayes, 0 noes and 3 absent.
August 2, 2012
ITEM NO.: 11 FILE NO.: Z-8397-B
NAME: Library Arcade Building Short-form PCD
LOCATION: Located at 100 River Market Avenue
DEVELOPER:
Moses Tucker Real Estate Inc
200 River Market Avenue, Suite 300
Little Rock, AR 72201
ENGINEER:
White-Daters and Associates
24 Rahling Circle
Little Rock, AR 72223
AREA: 0.4358 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
CURRENT ZONING: UU, Urban Use District
ALLOWED USES: Residential, Office, Commercial, Industrial – All indoor
PROPOSED ZONING: PCD
PROPOSED USE: UU, Urban Use District – Signage variance and outdoor dining
within the public right of way
VARIANCES/WAIVERS REQUESTED: None requested.
BACKGROUND:
On October 27, 2008, the Little Rock Zoning Board of Adjustment was to hear a request
for specific variance requests to allow for future development of an aloft hotel on this
site. The applicant requested the item be withdrawn from consideration prior to the
public hearing.
On January 8, 2009, the Little Rock Planning Commission was to hear a request to
rezone this site from UU, Urban Use District to PCD to allow a mixed use development
including a hotel and retail lease space. The request included variances from the
development standards established in the River Market Design Overlay District. These
variances included signage, building height, landscaping, projections over and into the
August 2, 2012
SUBDIVISION
ITEM NO.: 11 (Cont.) FILE NO.: Z-8397-B
2
right of way and curb cuts. The development proposed parapet signs, wall signs,
projecting signs and awnings. Each of the signs required one or more variances from
the typical DOD standards. The applicant requested withdrawal of the item prior to the
Commission hearing the request.
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
The current proposal is for construction of a new building to be called the Library
Arcade Building. This building will require variances from the River Market
Design Overlay District for the two (2) signs mounted at the top of the building.
Per Section 36-366.1 – Exceptions from the River Market Design Overlay District
states that “Property that cannot be developed for any reasons without violating
the standards of this article and that creates new or additional space shall be
reviewed through the planned zoning district (PZD) section of the zoning
ordinance, with the intent to devise a workable development plan which is
consistent with the purpose and intent of the overlay standards.” The site plan
also includes the placement of outdoor dining within the right of way of President
Clinton Avenue. The UU, Urban Use Zoning District allows for the placement of
outdoor dining subject to several conditions, one of which is the area of outdoor
dining shall not be located in the public right of way, nor shall it obstruct
pedestrian movement, fire lanes, access to any business or areas designated for
access by the physically impaired. The applicant is seeking a rezoning from UU,
Urban Use District to PCD (Planned Commercial Development) to allow for the
variation from the typical standards of the River Market DOD and allow the area
of outdoor dining to be located within the public right of way.
The new structure will be approximately 57,900 gross square feet in three (3)
levels. A skywalk is proposed to connect the Library Arcade Building with the
Arkansas Studies Institute. On the ground floor five (5) bays of retail lease
space, a restaurant and an auditorium/theater to be developed in conjunction
with the Public Library are proposed. The remainder of the building will be lease
space for uses as allowed in the UU, Urban Use Zoning District.
The exterior of the building will feature brick veneer, glass storefront or curtain
wall, and prefinished composite panel system. The building will be built to the
property line on both President Clinton Avenue and River Market Avenue. It will
also be built to both of the alleys. The height of the building at the top of the
parapet will be 49 feet at the intersection of President Clinton Avenue and River
Market Avenue and the height of the building at the southwest corner
(intersection of the alleys) will be 53.5 feet. The maximum height of buildings per
the River Market Design Overlay District is 60 feet (Section 36-356(d)(1)).
August 2, 2012
SUBDIVISION
ITEM NO.: 11 (Cont.) FILE NO.: Z-8397-B
3
With the current request the two (2) signs which require variances from typical
development standards of the River Market Design Overlay District and the City’s
Sign Ordinance as follows:
• Section 36-353(a)(1)(h) – All signs must face public street right of way
except those permitted on facades facing the Arkansas River – the sign on
the south façade of the building is located without public street frontage
• Section 36-353(c)(1)(a) – The maximum sign height on a building shall not
extend above the second floor windowsill or above the overhang of a
single-story building
• Section 36-353(c)(2) – Signs shall not exceed one-half of a square foot of
sign area for each linear foot of primary street building frontage, not
exceeding twenty-five (25) square feet per sign
• Section 36-353(c)(3) – Internally lit signs are prohibited. When signs are
externally lit, they shall be illuminated from a concealed source of light or a
decorative source that is integral to the design of the sign
• Section 36-543 - Roof signs or any sign that is not mounted on a vertical
surface is prohibited
The two (2) signs requiring the variance are advertising “Meadors Adams & Lee”.
The signs are located on the top parapet of the building on the north and south
façade. The sign on the south side of the building does not have street frontage.
Both the north and south signs are above the second floor window sill. The signs
are proposed with a total area of 154.85 square feet or 6.19 times larger than
signage typically allowed per the DOD. The signs are proposed as wall mounted
stencil cut style sign having internally illuminated letters with LED lighting. The
ampersand on each sign extends above the parapet wall.
The placement of the ampersand on the two (2) signs are considered roof signs
by definition as stated in Section 36-530. “Roof sign means a sign which is
mounted on the roof of a building or which is attached to a building and which
extends above or higher than the top edge of the exterior wall or parapet of a
flat-roofed building, above or higher that the eave line of a building with a hip,
gambrel or gable roof or above or higher than the deck line of a building with a
mansard roof”. In 36-543(7) Prohibited Signs and Sales Promotion Devices: The
following type of sign is prohibited in all districts unless otherwise noted: Roof
signs, or any sign that is not mounted on a vertical surface. Staff considers the
ampersands an architectural element for the building. All other signs will comply
with the River Market Design Overlay District or a revision to the PCD will be
requested.
August 2, 2012
SUBDIVISION
ITEM NO.: 11 (Cont.) FILE NO.: Z-8397-B
4
According to the applicant the streetscape on President Clinton Avenue will not
change except removal of the orange I-beam sculpture and the rotary fountain.
The streetscape on River Market Avenue will change by the addition of one (1)
tree. The development will comply with all standard streetscape amenities as
spelled out in the DOD ordinance. The sidewalk will be “bulbed out” at the corner
of the two (2) streets and near the south edge of the building on River Market
Avenue. The curb cut currently located on River Market Avenue will be removed.
Section 36-362(c) – Curb cuts driveway width shall be twenty-two feet provided
that the DRC may adjust the width to correspond with a recommendation of the
Director of Public Works Department if such adjustment is consistent with the
uses in the District.
There is a request for sidewalk dining on the President Clinton Avenue side. The
UU zoning district allows eating places permission to have an area of outdoor
dining subject to compliance with the following provisions: (a) The area of
outdoor dining shall not be located in the public right of way, nor shall it obstruct
pedestrian movement, fire lanes, access to any business or areas designated for
access by the physically impaired. (b) The number of seats in the area of outdoor
dining shall not exceed 50% of the number of seats within the eating place. (c)
Compliance with applicable State and County health regulations. (d) The area of
outdoor dining shall not be located between the building occupied by the eating
place and adjacent residentially zoned property.
B. EXISTING CONDITIONS:
The site is a surface parking lot with a small police substation located on the
corner of President Clinton Avenue and River Market Avenue. There is a trolley
stop located at this intersection. The site is located within the River Market
entertainment district which contains a number of restaurants, bars, shopping
venues, hotels, the Central Arkansas Library and the Arkansas Studies Building.
Also within the area there are a number of residential units. The River Market
Hall and the Museum Center are located to the north. South and west of the site
are buildings owned and occupied by the Central Arkansas Library System.
There is a parking garage located to the southeast of the site on the corner of
River Market Avenue and East 2nd Street with retail lease space on the ground
level. Across River Market Avenue to the east is a restaurants.
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 River Market
Neighborhood Association were notified of the public hearing.
August 2, 2012
SUBDIVISION
ITEM NO.: 11 (Cont.) FILE NO.: Z-8397-B
5
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. A 20 foot radial dedication of right-of-way is required at the intersection of
President Clinton Avenue and River Market Avenue.
2. Provide the purpose of driveway on the southeast side of the proposed
structure.
3. Repair or replace any curb and gutter or sidewalk that is damaged in the
public right-of-way prior to occupancy.
4. Sidewalk is shown to be obstructed by curb and gutter on the south east of
the structure along River Market Avenue.
5. Provide information about what work is planned within the public alleys.
Permanent obstructions are not allowed within public alleys without the
issuance of a franchise permit.
6. The proposed outside dining area is within the right-of-way. At least 3 feet of
clearance must be provided between the outside dimensions of the railing,
the tree well, and other permanent structures within the right-of-way. At time
of development, a franchise permit is required to be obtained from Public
Works for private improvements within the public right of way.
7. Due to the building being constructed on the property lines adjacent to the
alleys, vehicles, especially garbage trucks cannot maneuver the turn in the
alley intersection.
E. SUBDIVISION COMMITTEE COMMENT: (July 11, 2012)
Michael McCallum of AMR Architects was present representing the request.
Staff presented an overview of the proposed development stating the item was
located with in the River Market Design Overlay District. Staff stated the request
before the Commission was for signage which did not comply with the typical
standards of the Overlay and to allow an area of outdoor dining. Staff questioned
the proposed uses of the building. Staff also questioned the area of outdoor
dining and the clearance for ADA between the tree grates and the proposed
dining area. Staff questioned if there would be any additional signage.
Mr. McCallum stated additional signage would comply with the River Market
DOD or the owner would seek a revision to the PCD.
August 2, 2012
SUBDIVISION
ITEM NO.: 11 (Cont.) FILE NO.: Z-8397-B
6
Public Works comments were addressed. Staff questioned the driveway located
on River Market Avenue. Mr. McCallum stated the drive had been removed from
the revised site plan. Staff also questioned the turning radius for a garbage truck
within the alleys once the building was constructed to the property lines. Staff
stated a 20-foot radial dedication was required at the street intersections.
There was no further discussion of the item. The Committee then forwarded the
item to the full Commission for final action.
F. ANALYSIS:
There were few outstanding technical issues associated with the request raised
at the July 11, 2012, Subdivision Committee meeting. The applicant has
indicated they have been in contact with the trash hauler and they have indicated
they will be able to access the dumpsters. The revised plan also indicates a
20-foot radial dedication at the intersection of the two abutting streets.
The requirement for the rezoning to the PCD is due to the guidelines established
by the River Market Design Overlay District. Per Section 36-366.1 – Exceptions
from the River Market Design Overlay District states that property that cannot be
developed for any reasons without violating the standards of this article and that
creates new or additional space shall be reviewed through the planned zoning
district (PZD) section of the zoning ordinance, with the intent to devise a
workable development plan which is consistent with the purpose and intent of the
overlay standards. Since the development will be adding new space the
applicant is seeking the rezoning to a PCD for the construction of the building.
The request also includes the placement of outdoor dining within the right of way
of President Clinton Avenue. The UU, Urban Use Zoning District allows for the
placement of outdoor dining subject to several conditions, one of which is the
area of outdoor dining shall not be located in the public right of way, nor shall it
obstruct pedestrian movement, fire lanes, access to any business or areas
designated for access by the physically impaired. The applicant has indicated
the plan will comply with ADA access requirements.
Staff is supportive of the request. The River Market Design Review Committee
has reviewed the request and is in support of the signage as proposed. The
applicant is seeking a rezoning from UU, Urban Use District to PCD (Planned
Commercial Development) to allow for the variation from the typical sign
standards of the River Market DOD and allow the area of outdoor dining to be
located within the public right of way. To staff’s knowledge there are no
outstanding technical issues associated with the request. Staff feels the rezoning
to PCD as proposed by the applicant is appropriate.
August 2, 2012
SUBDIVISION
ITEM NO.: 11 (Cont.) FILE NO.: Z-8397-B
7
G. STAFF RECOMMENDATION:
Staff recommends approval of the requested rezoning to Planned Commercial
Development (PCD) to allow development of this site inconsistent with the typical
standards of the River Market Design Overlay District and to allow outdoor dining
within the right of way of President Clinton Avenue.
A franchise must be obtained from the Public Works Department for the area of
outdoor dining within the right of way.
PLANNING COMMISSION ACTION: (AUGUST 2, 2012)
The applicant was present. There were no registered objectors present. Staff
presented the item with a recommendation of approval of the requested rezoning to
Planned Commercial Development (PCD) to allow development of this site inconsistent
with the typical standards of the River Market Design Overlay District and to allow
outdoor dining within the right of way of President Clinton Avenue. Staff stated a
franchise agreement was to be obtained from the Public Works Department for the area
of outdoor dining within the right of way.
There was no further discussion of the item. The Chair entertained a motion for
placement of the item of the Consent Agenda for approval as recommended by staff.
The motion carried by a vote of 8 ayes, 0 noes and 3 absent.
August 2, 2012
ITEM NO.: 12 FILE NO.: Z-8605-A
NAME: Lot 1 Edwards Subdivision Short-form PD-C
LOCATION: Located at 11601 Kanis Road
DEVELOPER:
Pat Malmstrom
11201 Old Arkansas Road
Roland, AR 72135
ENGINEER:
McGetrick and McGetrick Engineers
P.O. Box 30441
Little Rock, AR 72260
AREA: 3.03 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
CURRENT ZONING: POD
ALLOWED USES: O-3, General Professional Office Uses (Daycare)
PROPOSED ZONING: PD-C
PROPOSED USE: Resale shop for “PATH” and O-3, General Office District uses as
allowable alternative uses
VARIANCES/WAIVERS REQUESTED: None requested.
BACKGROUND:
Ordinance No. 20,365 adopted by the Little Rock Board of Directors on December 7,
2010, established Lot 1 Edwards Addition Short-form POD. The property was originally
constructed as a single-family residence but was later converted to an office uses prior
to annexation to the City. With the conversion, the entire front yard was paved for
parking. The applicant proposed a rezoning of the site from R-2, Single-family to
POD to allow the reuse of the site as a daycare facility. The applicant requested to
utilize O-3, General Office District uses as allowable alternative uses for the site. The
daycare center did not open at this location.
August 2, 2012
SUBDIVISION
ITEM NO.: 12 (Cont.) FILE NO.: Z-8605-A
2
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
The applicant is now requesting to rezone the site to PD-C to allow use of the
existing building and parking area as a resale shop. The hours of operation are
proposed from 7:00 am to 8:00 pm seven days per week. The applicant is
requesting O-3, General Office District uses as allowable alternative uses for the
site.
The resale shop is for “PATH” Partners Against Trafficking Humans solely.
PATH is headquartered in Little Rock and is in need of funds to renovate and
sustain a residential treatment facility at a separate location. The facility will
house and rehabilitate young girls and women forced into sexual exploitation and
prostitution. The goal in opening the resale shop is two-fold: (1) provide ongoing
funds to PATH to help maintain housing for trafficked girls and women along with
funds needed to provide education, counseling and medical assistance (2) the
resale shop will be able to provide much needed employment for the trafficked
women. They will be able to learn the skills needed to interact with the “normal
world” they have been forcibly removed from. They will also be able to feel a
sense of accomplishment and self respect.
The resale shop will sell used furniture. Deliveries of the items will be by
appointment only. The items will be processed through the existing detached
garage. The items will be cleaned and stored in this area until ready for display
in the shop. There will be no areas of outdoor drop-off or items stored outdoors
at any time.
The development will contain an awning sign over the front window. The letters
will comply with the typical standards as allowed in Chapter 36-555(2)(b) or not
to exceed 50 percent of the surface area of the awning. Future signage includes
a ground mounted monument sign located within the front yard area. The sign
will not exceed six (6) feet in height and sixty-four (64) square feet in area.
B. EXISTING CONDITIONS:
The building was previously a single-family residence but appears to most
recently have been occupied by an office use. The front yard area has been
paved from what appears to be property line to property line. The back yard area
is open. There is a dumpster located within the front parking area. Other uses in
the area include an office development located to the north at the northwest
corner of Kanis and Autumn Roads. There is a property located on the northeast
corner of Kanis and Autumn Roads that is zoned POD and was approved for an
office/warehouse development. Further north on Autumn Road is a daycare
center. East of the site with frontage on Kanis Road is an office building and a
August 2, 2012
SUBDIVISION
ITEM NO.: 12 (Cont.) FILE NO.: Z-8605-A
3
second office building is located to the south accessed by a driveway/access
easement from Kanis Road. West of the site are three office buildings and
further west is a single-family home with an upholstery shop located behind the
home.
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 Gibralter
Heights/Point West/Timber Ridge Neighborhood Association were notified of the
public hearing.
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. With future development, provide 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.
3. Driveway locations and widths do not meet the traffic access and circulation
requirements of Sections 30-43 and 31-210. The current driveway location
will cause vehicles waiting to make left turns into the site to block the Autumn
Road/Kanis Road intersection. The subject property must share a single
driveway access within the property to the east. The width of the driveway
must not exceed 36-feet.
4. Obtain a franchise agreement from Public Works (Bennie Nicolo, 371-4818)
for the private improvements located in the right-of-way including parking
spaces.
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.
August 2, 2012
SUBDIVISION
ITEM NO.: 12 (Cont.) FILE NO.: Z-8605-A
4
Central Arkansas Water: No objection. All Central Arkansas Water requirements
in effect at the time of request for water service must be met. Contact Central
Arkansas Water regarding procedures for installation of water facilities. 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. 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 the facility, installation of an approved reduced pressure zoned
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 test of the
assembly must be completed by a Certified Assembly Tester licensed by the
State of Arkansas and approved Central Arkansas Water. The test results must
be sent to Central Arkansas Water’s Cross Connection Section within ten (10)
days of installation and annually thereafter. Contact the Cross Connection
Section at 377-1226 if you would like to discuss backflow prevention
requirements for this project.
Fire Department: Place fire hydrants per code. Maintain a minimum access of
at least 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 I-430 Planning District. The
Land Use Plan shows Mixed Office Commercial (MOC) for this property. The
Mixed Office Commercial category provides for a mixture of office and
commercial uses to occur. Acceptable uses are office or mixed office and
commercial. A Planned Zoning District is required if the use is mixed office and
commercial. The applicant has applied for a rezoning from POD (Planned Office
District) to PCD (Planned Commercial District) to add as a use ‘resale shop for
PATH’ on the site.
Master Street Plan: Kanis Road is a Minor Arterial on the Master Street Plan. A
Minor Arterial provides connections to and through an urban area and their
August 2, 2012
SUBDIVISION
ITEM NO.: 12 (Cont.) FILE NO.: Z-8605-A
5
primary function is to provide short distance travel within the urbanized area.
Entrances and exits should be limited to minimize negative effects of traffic and
pedestrians on Kanis Road since it is a Minor Arterial. This street may require
dedication of right-of-way and may require street improvements for entrances
and exits to the site.
Bicycle Plan: There are no bike routes shown in the immediate vicinity.
Landscape:
1. Site plan must comply with the City’s landscape and buffer ordinance
requirements.
2. Any/all parking or landscaping located within the public right-of-way will need
to be franchised.
3. Upon rehabilitation or building addition in the future the parking lot and
associated landscaping will need to be upgraded to meet City Ordinance
requirements.
4. 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: (July 11, 2012)
Mr. Pat Malstrom, Mr. Pat McGetrick and Ms. Lisa Richardson were present
representing the request. Staff presented an overview of the development
stating there were few outstanding technical issues in need of addressing related
to the proposed site plan. Staff stated there were questions concerning the
proposed use of the building and the items to be for sale. Ms. Richardson stated
the use was a resale shop and the only items to be sold were furniture. Staff
questioned if the use of the building would be for any other user than PATH.
Mr. Malstorm stated no other retail user was being requested. The retail
approval would be for the sole benefit of PATH. He stated any alternate users
would fall into the O-3, General Office District or be a daycare center as was
previously approved.
Ms. Richardson stated PATH, Partners Against Trafficking Humans, was a
non-profit established to assist and rehabilitee young girls and women who had
been forced into the sexual exploitation and prostitution. She stated there was a
serious problem in Arkansas of young girls being forced into the sex trade and
there was a need to provide housing and rehabilitation for these girls. She stated
August 2, 2012
SUBDIVISION
ITEM NO.: 12 (Cont.) FILE NO.: Z-8605-A
6
the females were called sparrows. She stated the name of the business would
be the Sparrows Nest. She stated the revenue from the business would help off
set the cost of housing, counseling and training these young females and
introducing them back into mainstream society.
Mr. McGetrick stated the only signage would be an awning sign over the front
window. Staff suggested the request include signage as allowed in office zones
so if a sign was desired in the future one could be put in place.
Public Works comments were addressed. Staff stated a franchise agreement
would be required for parking located within the right of way. Staff also stated
the driveway was to take access via a shared driveway with the property located
to the east.
Landscaping comments were addressed. Staff stated landscaping and paving
were to be upgraded based on the proposed rehabilitation cost of the proposed
building.
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 raised
at the July 11, 2102, Subdivision Committee meeting. The applicant has revised
the site plan to include a single ground monument sign consistent with signage
allowed in office zones or a maximum of six (6) feet in height and 64 square feet
in area. The development will also have a single awning sign located over the
front window. The lettering will not exceed 50 percent of the surface area.
The site plan indicates the placement of parking within the future right of way of
Kanis Road. The applicant will seek a franchise agreement with the City to allow
the parking to remain. The renovation cost of the structure will not exceed
50 percent of the replacement value of the building. The applicant has indicated
no additional landscaping or exterior renovations will occur with the current
request.
Staff is supportive of the request. The applicant is seeking the rezoning to the
PD-C for the sole benefit of PATH as a resale shop and any alternate uses will
be those uses allowed in the O-3, General Office Zoning District. There will not
be any drop off of merchandise outside the building. All merchandise will be
process by appointment only and will be stored in the existing garage until ready
for display in the shop. To staff’s knowledge there are no outstanding technical
August 2, 2012
SUBDIVISION
ITEM NO.: 12 (Cont.) FILE NO.: Z-8605-A
7
issues associated with the request. Staff does not feel the use of the property by
PATH as a resale shop will have a significant impact on 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: (AUGUST 2, 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
placement of the item of the Consent Agenda for approval as recommended by staff.
The motion carried by a vote of 8 ayes, 0 noes and 3 absent.
August 2, 2012
ITEM NO.: 13 FILE NO.: Z-8787
NAME: Abundant Grace Apostolic Church Short-form PID
LOCATION: Located at 7601 Scott Hamilton Drive
DEVELOPER:
Abundant Grace Apostolic Church
7601 Scott Hamilton Road
Little Rock, AR 72209
SURVEYOR:
Brooks Surveying
20820 Arch Street Pike
Hensley, AR 72065
AREA: 4.06 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
CURRENT ZONING: I-2, Light Industrial
ALLOWED USES: Industrial – Indoor activities
PROPOSED ZONING: PID
PROPOSED USE: Add church as an allowable use
VARIANCES/WAIVERS REQUESTED: None requested.
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
The request is a rezoning from I-2, Light Industrial District to PID (Planned
Industrial Development) to add a church as an allowable use for the property.
I-2, Light Industrial uses will be maintained as allowable alternative uses for the
property. Abundant Grace Apostolic Church has bought the property and is
operating a school and daycare on the site. The church recently relocated to the
property and was informed a church was not allowed under the current zoning
classification thus necessitating the desire for the rezoning.
The existing asphalt and parking that surrounds the building will be used to
accommodate the parking needs of the church, the daycare and the school.
Interior renovations to the building fronting on Scott Hamilton Drive will be
August 2, 2012
SUBDIVISION
ITEM NO.: 13 (Cont.) FILE NO.: Z-8787
2
completed to accommodate a sanctuary and meeting space. The two-story
building located on the rear of the property previously housed a school and
daycare center. The church will continue to utilize this space for the school and
daycare. The school and daycare center will operate Monday through Friday
from 5:30 am to 6:00 pm. Church services are held on Sundays. However, there
are meetings that are held throughout the week of different auxiliaries of the
church.
B. EXISTING CONDITIONS:
The area to the north of Interstate 30 is an industrial area and the area to the
south contains a mixture of uses including hotels, convenience stores, office,
office/warehouse, a vocational school and multi-family. Located across Scott
Hamilton from this site is a large industrial building with two uses one being a
windmill manufacture and the second a Goodwill donation center.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has had one informational phone call from an area
resident. All property owners located within 200-feet of the site, Southwest Little
Rock United for Progress and the Upper Baseline Neighborhood Association
were notified of the public hearing.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Scott Hamilton 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. Obtain a franchise agreement for the sign from Public Works (Bennie Nicolo,
371-4818) for the private improvements located in the right of way.
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.
August 2, 2012
SUBDIVISION
ITEM NO.: 13 (Cont.) FILE NO.: Z-8787
3
Central Arkansas Water: No objection. 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 work would be done at the expense of the developer. Contact
Central Arkansas Water if additional fire protection or metered water service is
required. A Capital Investment Charge based on the size of meter connection(s)
will apply to this project in additional to normal charges. This fee will apply to all
connections including metered connections off the private fire system. Due to
the nature of the facility, installation of an approved reduced pressure zoned
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 test of the
assembly must be completed by a Certified Assembly Tester licensed by the
State of Arkansas and approved Central Arkansas Water. The test results must
be sent to Central Arkansas Water’s Cross Connection Section within ten (10)
days of installation and annually thereafter. Contact the Cross Connection
Section at 377-1226 if you would like to discuss backflow prevention
requirements for this project.
Fire Department: Place fire hydrants per code. Maintain a minimum access of at
least 20-feet. Contact the Little Rock Fire Department for additional information.
County Planning: No comment.
CATA: The site is located on CATA Bus Route #15 – the 65th Street route.
Parks and Recreation: No comment received.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: This request is located in the 65th Street East Planning
District. The Land Use Plan shows Industrial (I) for this property. The industrial
category encompasses a wide variety of manufacturing, warehousing research
and development, processing, and industry related office and service activities.
Industrial development typically occurs on an individual tract basis rather than
according to an overall development plan. The applicant has applied for a
rezoning from I-2 (Light Industrial District) to PID (Planned Industrial District) to
add a church as a by-right use on the site.
Master Street Plan: Interstate 30 is a Freeway and Scott Hamilton Road is a
Collector on the Master Street Plan. Freeways serve through distance trips, they
are always deigned as full access control roads. The primary function of a
August 2, 2012
SUBDIVISION
ITEM NO.: 13 (Cont.) FILE NO.: Z-8787
4
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: A Class II Bike Lanes are shown along Scott Hamilton 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 rehabilitation costs exceed 50 percent of the replacement cost of the
building then the site must be brought into compliance with the Landscape
and Buffer Ordinances proportionately.
3. The City of Little Rock and the City Beautiful Commission encourage and
appreciate any trees being planted along the Interstate thirty (30) corridor.
G. SUBDIVISION COMMITTEE COMMENT: (July 11, 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 questioned the number of students, the
number of faculty and the number of clients and the number of staff for the
school and daycare. Staff also questioned the location of any proposed
dumpster facilities. Staff questioned the proposed signage plan including
building and ground signage.
Public Works comments were addressed. Staff stated a right of way dedication
was required per the Master Street Plan for the Scott Hamilton Road frontage.
Staff also stated a franchise agreement was required for the existing sign which
was located within the right of way.
Landscaping comments were addressed. Staff stated if rehabilitation cost
exceeded the replacement cost of the building then the site was to be brought
into compliance with the Landscape and Buffer Ordinances.
There was no further discussion of the item. The Committee then forwarded the
item to the full Commission for final action.
August 2, 2012
SUBDIVISION
ITEM NO.: 13 (Cont.) FILE NO.: Z-8787
5
H. ANALYSIS:
The applicant submitted a revised cover letter to staff addressing concerns raised
at the July 11, 2012, Subdivision Committee meeting. The applicant has
provided the number of students, the number of faculty, the number of clients
and the number of staff for the school and daycare center. The revised plan
indicates the placement of a dumpster within the rear of the site. The revised
cover letter identifies the proposed signage plan.
The school is proposed to operate on the second floor of the two-story building
that is located east of the larger one-story building. There are a 120 students
proposed in grades 1st through 5th. There are 24 students per grade with seven
classrooms and seven teachers. There are also seven administrative staff for
the school.
The daycare will also operate on the second floor of the two-story building.
There are 120 clients proposed and 15 staff persons. There will be three vans
stored on-site to transport the students and child care clients to and from the site
during operating hours. The school and daycare center will operate Monday
through Friday from 5:30 am to 6:00 pm.
The large one-story building will be renovated for a church. The church is
proposed with a maximum seating capacity of 900 persons. There are currently
150 members of the church. The building renovations will include sanctuary
space as well as classroom and meeting space. Church services are held on
Sundays. However, there are meetings that are held throughout the week of
different auxiliaries of the church.
The development is requesting two (2) ground signs. One sign will be located on
the west side of the property along Scott Hamilton. The other sign will be located
on the south side of the property along the access road off I-30. The maximum
sign height proposed is seven (7) feet and the maximum sign area proposed is
70 feet. Signage typically allowed in industrial zones is a maximum of 30 feet in
height and 72 square feet in area.
The applicant has indicated there is an existing black wrought iron fence located
on a portion of the property. The desire is to extend the fence around the entire
perimeter in the future but no new fencing is proposed in the short-term.
Parking for a church is based on the number of seats. The ordinance states
churches are to provide one space for every four seats in new principal assembly
areas or additions to currently existing structures. Based on a membership of
900 persons a total of 225 parking spaces would typically be required. The site
August 2, 2012
SUBDIVISION
ITEM NO.: 13 (Cont.) FILE NO.: Z-8787
6
plan does not include the total number of parking spaces but the majority of the
site is paved which appears to be between 300 and 350 parking spaces. Staff
feels there will be adequate parking to serve the uses.
The request is a rezoning to add a church as an allowable use under the I-2,
Light Industrial Zoning District. There are limited exterior improvements
proposed for the site. The site previously housed a daycare and the existing
playground area will be reworked to allow areas of outdoor play for the daycare
and school children. Cosmetic improvements will be completed to the existing
parking area and building. The school and daycare are allowed uses under the
current zoning classification. Staff does not feel the addition of the church as an
allowable use will significantly impact the area. Staff feels the rezoning as
proposed is appropriate.
I. STAFF RECOMMENDATION:
Staff recommends approval of the request subject to compliance with the
comments and conditions as outlined in paragraphs D, E and F of the agenda
staff report.
PLANNING COMMISSION ACTION: (AUGUST 2, 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
placement of the item of the Consent Agenda for approval as recommended by staff.
The motion carried by a vote of 8 ayes, 0 noes and 3 absent.
August 2, 2012
ITEM NO.: 14 FILE NO.: Z-8788
NAME: McDaniel Short-form PID
LOCATION: Located at 3015 Asher Avenue
DEVELOPER:
Eric McDaniel
c/o Rick Jones
P.O. Box 1522
Little Rock, AR 72203
ENGINEER:
Laha Engineers
6602 Baseline Road, Suite E
Little Rock, AR 72209
AREA: 0.22 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
CURRENT ZONING: I-2, Light Industrial
ALLOWED USES: Industrial
PROPOSED ZONING: PID
PROPOSED USE: Add one and two-family as allowable uses to the existing zoning
district
VARIANCES/WAIVERS REQUESTED: None requested.
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
The applicant is requesting a rezoning from I-2, Light Industrial District to PID
(Planned Industrial District) to add one and two-family as allowable uses for the
property. The site contains an existing duplex which is in a state of disrepair.
The applicant contacted the City concerning a renovation permit to bring the
homes up to code and was denied a permit based on the current zoning. The
request is to add the residential uses as an allowable use for the property while
maintaining the I-2, Light Industrial District uses as allowable alternative uses.
August 2, 2012
SUBDIVISION
ITEM NO.: 14 (Cont.) FILE NO.: Z-8788
2
B. EXISTING CONDITIONS:
There is an office use located east of this site, a commercial use to the west and
single-family homes located to the south of this site. There are two (2) large
cemeteries in the area one on the north side of Asher Avenue the other on the
south side of Asher Avenue. Other uses in the area include residential along
Brown and Allis Streets to the north and a commercial area located to the west at
Valmar Street.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has received a number of informational phone calls from
area residents. All property owners located within 200-feet of the site, the
Goodwill Neighborhood Association and the Love Neighborhood Association
were notified of the public hearing.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
No comment.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer main extensions required, with easements, for this project.
Contact Little Rock Wastewater Utility for additional information.
Entergy: Approved as submitted.
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. 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 work would be done at the expense of the developer. Contact
Central Arkansas Water if additional fire protection or metered water service is
required. Due to the nature of the facility, installation of an approved reduced
pressure zoned 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
August 2, 2012
SUBDIVISION
ITEM NO.: 14 (Cont.) FILE NO.: Z-8788
3
test of the assembly must be completed by a Certified Assembly Tester licensed
by the State of Arkansas and approved Central Arkansas Water. The test results
must be sent to Central Arkansas Water’s Cross Connection Section within ten
(10) days of installation and annually thereafter. Contact the Cross Connection
Section at 377-1226 if you would like to discuss backflow prevention
requirements for this project.
Fire Department: Place fire hydrants per code. Maintain a minimum access of at
least 20-feet. Contact the Little Rock Fire Department for additional information.
County Planning: No comment.
CATA: The site is located on CATA Bus Route #14 – the Rosedale Route.
Parks and Recreation: No comment received.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: This request is located in the I-630 Planning District. The
Land Use Plan shows Commercial (C) for this property. The commercial
category includes a broad range of retail and wholesale sales of products,
personal and professional services, and general business activities. Commercial
activities vary in type and scale, depending on the trade area that they serve.
The applicant has applied for a rezoning from I-2 (Light Industrial District) to
PID (Planned Industrial District) to add duplex as an allowable use on the site.
Master Street Plan: Asher Avenue is a Minor Arterial on the Master Street Plan.
A Minor Arterial provides connections to and through an urban area and their
primary function is to provide short distance travel within the urbanized area.
Entrances and exits should be limited to minimize negative effects of traffic and
pedestrians on Asher Avenue since it is a Minor Arterial. This street may require
dedication of right-of-way and may require street improvements for entrances
and exits to the site.
Bicycle Plan: A Class II Bike Lanes are shown along Asher Avenue. Bike Lanes
provide a portion of the pavement for the sole use of bicycles.
Landscape: No comment.
G. SUBDIVISION COMMITTEE COMMENT: (July 11, 2012)
The applicant was not present. Staff presented an overview of the proposed
development stating there were no outstanding technical issues associated with
August 2, 2012
SUBDIVISION
ITEM NO.: 14 (Cont.) FILE NO.: Z-8788
4
the proposed request. 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 in need
of addressing raised at the July 11, 2012, Subdivision Committee meeting. The
applicant is seeking a rezoning from I-2, Light Industrial District to PID to add
residential, one and two-family, as allowable uses for the property. There is an
existing duplex on the site which is in disrepair. The applicant is requesting the
rezoning to allow renovation to the structure to bring the home into compliance
with City code. Prior to the rezoning request the owner contacted the City
concerning a renovation permit and the renovation permit was denied because of
the current zoning.
The request is to add these residential uses as an allowable use for the property
while maintaining the I-2, Light Industrial District uses as allowable alternative
uses.
Staff is supportive of the request. The area has a mixture of uses including
office, commercial, residential both one and two family and two large cemeteries.
The area along Johnson Street and Booker Streets south of West 24th Street are
primarily residential uses. Staff does not feel the allowance of this residential
structure to be renovated as a two-family residence will significantly impact the
area.
I. STAFF RECOMMENDATION:
Staff recommends approval of the request subject to compliance with the
comments and conditions as outlined in paragraphs D, E and F of the agenda
staff report.
PLANNING COMMISSION ACTION: (AUGUST 2, 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
placement of the item of the Consent Agenda for approval as recommended by staff.
The motion carried by a vote of 8 ayes, 0 noes and 3 absent.
August 2, 2012
ITEM NO.: 15 FILE NO.: LA-0046
NAME: Divide Parkway Advance Grading Variance Request
LOCATION: Northeast of Divide Parkway and Chenal Parkway
APPLICANT: PDC, LLC.
APPLICANT’S REPRESENTATIVE: White-Daters & Associates, Inc.
AREA: Approximately 2.5 acres
CURRENT ZONING: R-2
VARIANCES/WAIVERS REQUESTED: A variance from the Land Alteration
Regulations to advance grade by clearing and filling approximately 2.5 acres.
A. PROPOSAL/REQUEST:
Applicant is requesting a variance from the Land Alteration Regulations to
advance grade by clearing and filling approximately 2.5 acres northeast of the
intersection of Chenal Parkway and The Divide Parkway. The variance would
allow staff to issue a grading permit for the advance grading activities without
imminent construction. The 2.5 acre area will be cleared and filled on the
northside of The Divide Parkway between Chenal Parkway and the proposed
round-a-bout. The 2.5 acres is divided into 3 separate fill areas in the same
vicinity. The applicant is proposing to accept fill material from various
construction sites when fill is available. The applicant is proposing to install
berms from 3 ft to 6 ft high to obstruct visibility from The Divide Parkway.
B. EXISTING CONDITIONS:
The 2.5 acre area proposed to be excavated is located approximately 400 feet
east of Chenal Parkway on the northside of The Divide Parkway. The area is
wooded with dense trees and is divided into 3 separate areas to be advanced
graded. The property is currently zoned R-2.
North of the advanced graded area is dense tree covered. A residential
subdivision where the lots are 5 acres or greater along West Ridge Road is
located on the north side of the advanced graded area. The proposed advanced
graded area abuts 1 lot within this subdivision. The closest residential structure
on this lot is located approximately 250 ft from the proposed advanced grading
area.
East of the advanced graded area are dense trees. Beyond the trees is the new
street accessing the new Little Rock Wastewater Sewer Treatment Plant. The
property to the east on both the west and east sides of treatment plant road is
owned by the applicant and zoned R-2.
August 2, 2012
SUBDIVISION
ITEM NO.: 15 (Cont.) FILE NO.: LA-0046
2
South of the advanced graded area is The Divide Parkway. South of The Divide
Parkway is undeveloped with dense tree cover and is owned by the applicant.
The property is zoned R-2.
West of the advanced graded area is a 100 ft wide cleared AP&L transmission
line easement. West of the AP&L easement to the west is an undeveloped
property consisting of approximately 10 acres zoned R-2. Beyond this property
to the west is an undeveloped O-3 zoned property with dense trees. This O-3
zoned property is owned by the applicant.
C. NEIGHBORHOOD COMMENTS:
Variance request notification was mailed by staff to the Coalition of West Little
Rock Neighborhoods. Notifications were also mailed by the applicant to all
adjacent property owners including those across streets and alleys. As of the
time of writing, staff has not received any telephone calls or emails with
questions or desiring additional information.
D. ENGINEERING COMMENTS:
1. The adjacent street is private and not yet dedicated to the City of Little
Rock.
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. Provide a sketch grading and drainage plan per Section 29-186(e) for the
area to be filled.
4. Provide the trucking route(s) to be used. If the site is within the City of Little
Rock, a grading permit is required to be obtained for that excavation site;
5. 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.
6. Provide a line of sight illustration from adjacent street and adjacent property
not owned by the applicant. The berms should be constructed to a height to
restrict visibility from the adjacent street and property not owned by the
applicant.
7. Erosion controls must be installed to reduce discharge of polluted
stormwater.
August 2, 2012
SUBDIVISION
ITEM NO.: 15 (Cont.) FILE NO.: LA-0046
3
8. Damage to public and private property due to hauling operations or
operation of construction related equipment from a nearby construction site
shall be repaired by the responsible party prior to issuance of a certificate of
occupancy.
9. Provide a revised plan showing the location of the berms. Earthen berm
must be provided along the current private street and along any other area
to restrict visibility. Berms should be angled at their termination away from
the street. The berm on the eastern advanced graded area should continue
to the eastern limit of the disturbed area.
10. A curved or angled construction entrance road design should be provided
to limit the visibility of the interior advanced graded area from the street and
adjacent properties.
11. Stormwater detention ordinance applies to the area to be advanced graded.
Show the proposed location for stormwater detention facilities on the plan.
12. A minimum of 6 inches of suitable top soil shall be placed over all disturbed
areas and permanent vegetation cover shall be established. Top soil shall
be suitable clay or silt loam capable of supporting perennial vegetation.
13. Area to be advanced graded shall be maintained for two (2) years following
the completion of site grading. Periodic mowing, generally 2 times per year
or more often if required by City ordinance to encourage perennial growth.
14. A two (2) year surety bond shall be posted to guarantee maintenance of the
advanced graded area.
15. The advanced grading operations cannot continue over one (1) year from
the date of the issuance of the grading permit.
E. PLANNING STAFF COMMENTS:
1. Site plan must comply with the City’s landscape and buffer ordinance
requirements.
2. It is recommended to re-established the area upon completion with pine
seedlings. This will help with erosion while also helping to re-established the
vegetation.
F. SUBDIVISION COMMITTEE:
Tim Daters of White-Daters & Associates was present representing the applicant.
Staff presented an overview of the variance application stating the applicant’s
desire to advance grade by filling approximately 2.5 acres on the north side of
The Divide Parkway. There was no further discussion of the item. The
Committee then forwarded the item to the full Commission for final action.
August 2, 2012
SUBDIVISION
ITEM NO.: 15 (Cont.) FILE NO.: LA-0046
4
G. ANALYSIS:
The applicant is proposing to fill approximately 2.5 acres with fill material from
various construction sites. Approximately 7000 cubic yards of fill material is
proposed to be filled. The area is covered with trees and will probably need to be
filled at the time of development. Access will be taken from Chenal Parkway and
The Divide Parkway. Berms are proposed to be installed along The Divide
Parkway to restrict visibility. The construction entrances to the fill areas should
be constructed to limit visibility as best as possible.
The northeastern most proposed fill area is shown to be approximately 250 ft
from the nearest residential structure. This fill area abuts a lot within a greater
than 5 acres residential subdivision along West Ridge Road which is located
outside of the Little Rock city limits. The Land Alteration Regulations require a
minimum 50 ft wide temporary undisturbed buffer to be maintained along the
property line with the greater than 5 acre residential subdivision. This will reduce
the size of the northeastern most fill area.
Fill will be occurring in 3 separate areas in the same vicinity. The fill will be
hauled from several construction sites undetermined at this time. The Land
Alteration Regulations do not allow the advanced grading operations to continue
more than 1 year from the date of the issuance of the grading permit. A single
grading permit will be issued for filling the 3 areas. Advanced grading cannot
proceed into a new area until the previous area is final graded, final cover, and
stabilization activities have commenced.
It is believed following the clearing of trees and debris, the earthen berms should
be constructed first and temporary gates or other restriction devices installed to
limit access to the area currently being filled. This will keep unauthorized
dumping from occurring. From the time the authorized or unauthorized fill dirt is
dumped at the site, it must be graded within 7 calendar days and erosion controls
installed within 48 hours of the grading. Following the initial clearing of the site,
erosion controls must be installed and maintained. Following the final
stabilization of the site, permanent gates or other restriction devices shall be
installed to limit access.
H. RECOMMENDATION:
Staff recommends approval of the advanced grading variance request subject to
compliance with the comments and conditions as outlined in paragraphs D and E
of the agenda staff report. The recommendation of approval is also based on the
following conditions:
1. A single grading permit will be issued for the entire fill operation occurring in 3
separate areas in the same vicinity. Per the Land Alteration Regulations, the
advanced grading and filling activities are allowed to occur for a maximum of
1 year from the time a grading permit is issued. Advanced grading cannot
proceed into a new area until the previous area is final graded, final cover,
and stabilization activities have commenced;
August 2, 2012
SUBDIVISION
ITEM NO.: 15 (Cont.) FILE NO.: LA-0046
5
2. A minimum 50 ft wide temporary undisturbed buffer is required to be
maintained along the property line with the greater than 5 acre residential
subdivision along West Ridge Road;
3. Following the initial clearing of trees and debris, the earthen berms should be
constructed and temporary gates or other restriction devices installed to limit
access to the fill area prior to fill being accepted at the site. Following
construction of the berm, vegetation is required to be established on the
berms and the area between the berms and street. Following the final
stabilization of the site, permanent gates or other restriction devices shall be
installed to limit access;
4. From the time the authorized or unauthorized fill dirt is dumped at the site, it
must be graded within 7 calendar days and erosion controls installed;
5. Erosion controls must be installed within 48 hours of clearing and grading and
maintenance of the controls provided;
6. The construction entrances to the fill areas should be constructed to limit
visibility as best as possible.
PLANNING COMMISSION ACTION: (AUGUST 2, 2012)
The applicant was present. There were no registered objectors present. Staff
presented the item with a recommendation of approval of the advanced grading
variance request subject to compliance with the comments and conditions as outlined in
paragraphs D and E of the agenda staff report. Staff stated the recommendation of
approval was also based on the following conditions:
1. A single grading permit will be issued for the entire fill operation occurring in
3 separate areas in the same vicinity. Per the Land Alteration Regulations, the
advanced grading and filling activities are allowed to occur for a maximum of 1 year
from the time a grading permit is issued. Advanced grading cannot proceed into a
new area until the previous area is final graded, final cover, and stabilization
activities have commenced.
2. A minimum 50 foot wide temporary undisturbed buffer is required to be maintained
along the property line with the greater than 5 acre residential subdivision along
West Ridge Road.
3. Following the initial clearing of trees and debris, the earthen berms should be
constructed and temporary gates or other restriction devices installed to limit
access to the fill area prior to fill being accepted at the site. Following construction
of the berm, vegetation is required to be established on the berms and the area
between the berms and street. Following the final stabilization of the site,
permanent gates or other restriction devices shall be installed to limit access.
August 2, 2012
SUBDIVISION
ITEM NO.: 15 (Cont.) FILE NO.: LA-0046
6
4. From the time the authorized or unauthorized fill dirt is dumped at the site, it must
be graded within 7 calendar days and erosion controls installed.
5. Erosion controls must be installed within 48 hours of clearing and grading and
maintenance of the controls provided.
6. The construction entrances to the fill areas should be constructed to limit visibility
as best as possible.
There was no further discussion of the item. The Chair entertained a motion for
placement of the item of the Consent Agenda for approval as recommended by staff.
The motion carried by a vote of 8 ayes, 0 noes and 3 absent.
August 2, 2012
ITEM NO.: 16 FILE NO.: LA-0047
NAME: 2nd Baptist Church Grading Variance
LOCATION: 1709 John Barrow Road
APPLICANT: 2nd Baptist Church, Pastor Kelly
APPLICANT’S REPRESENTATIVE: Thomas Engineering Co.
AREA: Approximately 0.6 acres
CURRENT ZONING: R-2
VARIANCES/WAIVERS REQUESTED: Variances from the Land Alteration Regulations
to exceed the maximum 3:1 slope requirement.
A. PROPOSAL/REQUEST:
Applicant is requesting variance from the Land Alteration Regulations to exceed
the maximum 3:1 slope requirement. The variances are over an area
approximately 0.6 acres. On the north side of the parking lot, the applicant
requests to grade a 1.5:1 slope for an area of about 20 ft in width for a length of
approximately 230 ft. The slope is proposed to be armored with rip rap rock. On
the east side of the proposed new auditorium, the applicant requests to grade a
2:1 slope for an area of about 80 ft maximum width for a length of approximately
320 ft. The maximum vertical slope height is 26 ft. The completed slope face is
proposed to be hydroseeded or protected by an erosion control mat. This area is
not subject to stormwater from the remainder of the site. Only the stormwater
that falls on the slope will discharge down the slope.
B. EXISTING CONDITIONS:
North of the site are developed and undeveloped C-3 zoned properties. The
properties that are undeveloped front Kanis Road. East of the site is a
developed property zoned MF-12 which sets below or at a lower grade than the
2nd Baptist Church property. The 2:1 east slope is visible from the developed
MF-12 zoned property.
South of the site is the main 2nd Baptist Church facility zoned R-2. South of the
main church facility is a residential subdivision zoned R-2. West of the site is
John Barrow Road. The 1.5:1 slope is visible from John Barrow Road. Beyond
John Barrow Road to the west are developed C-3 and R-5 zoned properties.
C. NEIGHBORHOOD COMMENTS:
Variance request notification was mailed by staff to the John Barrow
Neighborhood Association and City Director Doris Wright. Notification was also
August 2, 2012
SUBDIVISION
ITEM NO.: 16 (Cont.) FILE NO.: LA-0047
2
mailed by the applicant to adjacent property owners including those across
streets and alleys. At the time of writing, staff has received one (1) telephone call
desiring more information.
D. ENGINEERING COMMENTS:
1. 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.
2. Vegetation must be established on disturbed area within 21 days of
completion of harvest activities.
3. If disturbed area is 1 or more acres, obtain a NPDES storm water permit from
the Arkansas Department of Environmental Quality prior to the start of
construction.
4. Erosion controls must be installed to reduce discharge of polluted stormwater.
5. The retaining wall should be extended along the north property line instead of
a 1.5:1 slope with rip rap armoring. Per the Land Alteration Regulations
Section 29-190(1)(e) and (f), the top of the wall should be landscaped with
dense evergreen plantings. If the width is allowable, the terrace plantings
shall be a minimum of two (2) rows of trees four (4) feet between the rows,
staggered not more than twenty (20) feet on center. Shrubs and ground
cover shall also be required to be installed in accordance with Chapter 15.
6. Erosion control matting should be installed over the 2:1 slope on the east side
of the property.
7. As required for 3:1 slopes, the 2:1 sloped area shall be planted with rows of
trees four (4) feet between the rows, staggered not more than twenty (20) feet
on centers. It is believed these trees should be a mixture of trees native to
this area.
E. PLANNING STAFF COMMENTS:
1. Site plan must comply with the City’s landscape and buffer ordinance
requirements.
2. A thirty-six foot (36) ft wide land use buffer is required along the eastern
perimeter of the site. Seventy percent (70%) of this buffer is to be
undisturbed.
3. It appears the rear parking lot is sixty-four (64) ft deep currently. With a four
foot (4) reduction to this parking lot the land use buffer would equally be
increased.
August 2, 2012
SUBDIVISION
ITEM NO.: 16 (Cont.) FILE NO.: LA-0047
3
4. It is highly recommended that tree saplings be planted to help in the
stabilization of the embankment.
5. Additional evergreen trees and shrubs may be required to screen the parking
lot from the adjoining property.
6. A nine foot (9) wide perimeter landscaping strip is required around the sites
entirety. Currently, erosion is occurring along the northern property line and
needs to be addressed with this application. Due to the grade of the area it is
recommended to simply extend the proposed retaining wall shown along the
northern property line. Then the area needs to be re-vegetated to code.
7. Prior to the issuance of a building permit a landscape plan with the seal of a
Registered Landscape Architect will be required.
8. An automatic irrigation system is required.
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.
F. SUBDIVISION COMMITTEE:
Thomas Pownall of Thomas Engineering Company was present representing the
applicant. Staff presented an overview of the variance application stating the
applicant’s desire to exceed the maximum 3:1 slope requirement of the Land
Alteration Regulations on the north side of the site and on the east side of the
site. Staff relayed to Mr. Pownall that the retaining wall on the north side of the
property should be extended to conceal the existing nonconforming cut.
Mr. Pownall stated instead of a retaining wall due to the high cost, he would look
into installing plantings that conceal the existing cut. 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 provided a revised grading and drainage plan for the proposed
slopes. The applicant is requesting the tree planting requirements on the east
2:1 slope be removed. The applicant’s geotechnical engineer prepared a report
stating the tree plantings will negatively affect the slope’s stability by allowing
stormwater infiltration and creating less compacted areas where trees are
planted. The slope is proposed to be treated with vegetation and the existing
35 ft undisturbed buffer which will be encroached by the proposed slope is
required to be replanted per city code.
The applicant is also proposing to no longer use rip rap rock to armor the north
1.5:1 slope. Instead, the applicant requests to leave the shale slope, which is
steeper than 1.5:1, undisturbed and treat it with ivy or other vegetation to improve
August 2, 2012
SUBDIVISION
ITEM NO.: 16 (Cont.) FILE NO.: LA-0047
4
its appearance. As it exists, the northern slope does not comply with the Land
Alteration Regulations and planting the slope with ivy or other vegetation does
not conceal the hillside scar and reduce erosion and sediment damage which are
specific purposes as stated in Section 29-168 of the Land Alteration Regulations.
H. RECOMMENDATION:
Staff recommends approval of the Land Alteration Regulation slope variance
request to grade the area east of the proposed church facility to a 2:1 slope
subject to compliance with the comments and conditions as outlined in
paragraphs D and E of the agenda staff report except for planting of trees on the
slope. Construction and grading should be performed as described in the Garner
Engineering report dated June 25, 2012.
Staff recommends denial of the Land Alteration Regulation slope variance to
leave the north shale slope undisturbed and treat it with ivy or other vegetation.
PLANNING COMMISSION ACTION: (AUGUST 2, 2012)
The applicant was present. Staff presented the item with a recommendation of approval
of the Land Alteration Regulation slope variance request to grade the area east of the
proposed church facility to a 2:1 slope subject to compliance with the comments and
conditions as outlined in paragraphs D and E of the agenda staff report except for the
planting of trees on the slope outside of the required buffer area. Staff stated
construction and grading should be performed as described in the Garner Engineering
report dated June 25, 2012.
Staff stated after a meeting on site with the applicant they now recommended approval
of the Land Alteration Regulation slope variance request to leave the north slope
undisturbed and treat it with ivy or other vegetation to improve its appearance subject to
compliance with the comments and conditions as outlined in paragraphs D and E of the
agenda staff report except for the comment that a retaining wall was to be extended
along the north property line and planted with evergreen trees and the plantings were to
be installed as required by the Land Alteration Regulations.
There was no further discussion of the item. The Chair entertained a motion for
placement of the item of the Consent Agenda for approval as recommended by staff.
The motion carried by a vote of 8 ayes, 0 noes and 3 absent.
August 2, 2012
ITEM NO.: 17 FILE NO.: MSP12-04
Name: Master Street Plan Amendment, located on Chenal Parkway between
Bowman Road and Autumn Road
Location: West of Bowman Road along Chenal Parkway
Request: To add median break for left-turns into the Best Buy center west of
the Bowman Road intersection with Chenal Parkway
Source: Joe White, White-Daters
Staff has received a request from the developer via the applicant to withdraw the
item on July 23, 2012.
STAFF RECOMMENDATIONS:
Staff is supportive of the request for withdrawal.
PLANNING COMMISSION ACTION: (AUGUST 2, 2012)
The item was placed on the consent agenda for withdrawal. By a vote of 8 for
and 0 against and 3 absent the consent agenda was approved
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August 2, 2012
There being no further business before the Commission, the meeting was
adjourned at 5:50 p.m.
7// �5
Date
Chairman
Secretary
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