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LITTLE ROCK PLANNING COMMISSION SUBDIVISION HEARING SUMMARY AND MINUTE RECORD SEPTEMBER 13, 2012 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present there being ten (10) members present. II. Members Present: Alan Bubbus William Changose Janet Dillon J. T. Ferstl Rebecca Finney Keith Fountain Dan Harpool Obray Nunnley, Jr. Amy Pierce Bill Rector Members Absent: Tom Brock City Attorney: Cindy Dawson III. Approval of the Minutes of the August 2, 2012 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION SUBDIVISION AGENDA SEPTEMBER 13, 2012 OLD BUSINESS: Item Number: File Number: Title: A. Z-6467-C Custom Auto Sales Short-form PCD, located at 5301 Mabelvale Pike. B. S-1687 4625 Geyer Springs Cut-off Subdivision Site Plan Review, located at 4625 Geyer Springs Cut-off. C. Z-5787-C Whole Foods Revised Short-form PCD, located on the Northeast corner of Chenal Parkway and Bowman Road. D. Z-8383-A 4305 North Lookout Short-form PD-R, located at 4305 North Lookout. NEW BUSINESS: I. PRELIMINARY PLAT: Item Number: File Number: Title: 1. S-867-RRRRRRR Chenal Valley South Preliminary Plat, located North of Denny Road just West of Gordon Road. 2. S-1554-C Stagecoach Crossing Preliminary Plat Street Waiver, located on the Northeast corner of Stagecoach and Herndon Roads. 3. S-1691 Redbridge Development Addition Lots 1 & 2, located on the East side of Edswood Road approximately 1,200 feet South of Kanis Road. 4. S-1692 Capitol Hills Extension Replat Tracts A, B and C, Block 5, located on the Southeast corner of West 10th and Rice Streets. Agenda, Page Two II. SITE PLAN REVIEW: Item Number: File Number: Title: 5. S-200-R Chenal Pointe at the Divide Revised Subdivision Site Plan Review, 6400 Divide Parkway. 6. S-554-C Mabelvale West Industrial Park Lot 1 Subdivision Site Plan Review, 11205 Otter Creek South Road. 7. S-1690 Morrison Ice Subdivision Site Plan Review, 4110 West 12th Street. III. PLANNED DEVELOPMENTS: Item Number: File Number: Title: 8. Z-4125-A Greater Works Christian Church Short-form PID, located at 3517 Asher Avenue. 9. Z-4470-H Crain Investments LLC Long-form PCD, located at 15400 Chenal Parkway. 10. Z-4565-D Lot 2 Kanis/Shackleford Revised Short-form PD-C, located at 10701 Kanis Road. 11. Z-4923-K Shackleford Crossing Revised Long-form PCD, located on Shackleford Road at I-430. 12. Z-6318-D Chenal Market Place Revised Long-form PCD, located South of Chenal Parkway between Kanis and Kirk Roads. 13. Z-6323-Q Lot 7 the Village at Rahling Road Long-form PCD Time Extension, located on the Southeast corner of Rahling Road and Chenal Parkway. 14. Z-7723-C Ford Properties Homes LLC Short-form PCD, located at 1115 Jefferson Street. 15. Z-7920-C Lot 1 Baker Addition Long-form PCD Time Extension, located at 17410 Kanis Road. 16. Z-8364-C Hilton Garden Inn Short-form PCD, located at 10914 Kanis Road. 17. Z-8801 Rollins Short-form PD-C, located at 3700 Walker Street. September 13, 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. September 13, 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 Water regarding the size and location of the water meter. A Capital Investment September 13, 2012 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-6467-C 3 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. September 13, 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 replacement cost of the building then the landscape and buffer ordinances were to come into compliance proportionately. September 13, 2012 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-6467-C 5 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. September 13, 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. STAFF UPDATE: There has been no contact by the applicant since the original filing of the application. Staff recommends withdrawal of this item. PLANNING COMMISSION ACTION: (SEPTEMBER 13, 2012) The applicant was not present. There were no registered objectors present. Staff presented the item stating there had been no contact by the applicant since the original filing of the application. Staff presented a recommendation of withdrawal of the item. There was no further discussion of the item. The Chair entertained a motion for approval of the item on the Consent Agenda as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. September 13, 2012 ITEM NO.: B 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 Beyer 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 review only PLANNING DISTRICT: 14 – Geyer Springs East CENSUS TRACT: 40.06 VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is requesting a subdivision site plan review to allow for five (5) residential units and a number of accessory buildings to be located on the property. The property is currently two (2) tracts, under a single ownership, with three (3) units on Tract 1 and two (2) units on Tract 2. The survey indicates there is a single story frame house, three (3) manufactured homes and a travel trailer which is being used as a guest house, on the two (2) tracts. There is an individual septic system on each of the tracts serving the five (5) units. According to the applicant all the units are connected to these septic systems. The property is located within the City’s planning jurisdiction in which the subdivision ordinance only is enforced. Section 31-13 provides the criteria for review of sites containing multiple buildings. The ordinance requires September 13, 2012 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: S-1687 2 developments involving the construction of two (2) or more buildings to be reviewed and approved by the Planning Commission. B. EXISTING CONDITIONS: The site is located in an area of the County in which the City exercises subdivision jurisdiction but does not exercise zoning jurisdiction. The area is predominately residential. The property contains a number of residential structures and a number of outbuildings. There appears to be three mobile homes, a site built home and a travel trailer being used as housing. Hilaro Springs Road and Geyer Springs Cut-off are both two lane roads with open ditches for drainage. There are no sidewalks in this area. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls and two (2) letters of opposition from area residents. All property owners located within 200-feet of the site and Southwest Little Rock United for Progress were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Geyer Springs Cutoff is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline is required. 2. Hilaro Springs Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline is required. 3. A 20 foot radial dedication of right-of-way is required at the intersection of Geyer Springs Cut-off and Hilaro Springs Road. 4. At the time of site re-development, provide design of street conforming to the Master Street Plan. Construct one-half street improvement to Geyer Springs Cut-Off including 5-foot sidewalks with the planned development. 5. At the time of site re-development, provide design of street conforming to the Master Street Plan. Construct one-half street improvement to Hilaro Springs Road including 5-foot sidewalks with the planned development. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Outside the service boundary. Provide approval from the Arkansas Department of Health providing approval of the exiting septic systems. September 13, 2012 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: S-1687 3 Entergy: The area is outside Entergy’s service area. Contact First Electric Coop concerning electrical needs. 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. 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: Outside the service boundary. Provide a letter from the area volunteer fire department stating their knowledge of the project. 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: 1. Provide proof from the Arkansas Department of Health the existing septic systems as adequate to serve the units. 2. Dedicate right of way on Hilaro Springs Road and Mabelvale Cut-off per the Master Street Plan. 3. Obtain a letter from the area volunteer fire department stating their knowledge to the project and their ability to serve the development. CATA: The site is not located on a dedicated CATA Bus Route. September 13, 2012 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: S-1687 4 Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: No comment on this residential application. G. SUBDIVISION COMMITTEE COMMENT: (July 11, 2012) The applicant was not present. Staff presented the item to the Committee members stating they would work with the applicant prior to the public hearing to address their concerns. 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 in need of addressing raised at the July 11, 2012, Subdivision Committee meeting. The applicant is continuing to work with the Arkansas Department of Health to secure approval of the existing septic systems located on the property. The applicant is seeking approval per Section 31-13 of the Little Rock Code. The ordinance sets forth procedures for processing multiple building site plans and to establish the standards for the development of site. The Subdivision Site Plan review is a development review process that provides for case by case consideration of project particulars including the provision of parking and landscaping in accordance with the appropriate ordinances, siting of buildings, and the relationship with adjoining properties. The property is located outside the City limits but within the City’s Extraterritorial Planning Jurisdiction. The property is located within the area of the County the City exercises Subdivision controls but does not exercise zoning. The property is currently two (2) tracts, under a single ownership, with three (3) units on Tract 1 and two (2) units on Tract 2. The survey indicates there is a single story frame house, three (3) manufactured homes and a travel trailer which is being used as a guest house, on the two (2) tracts. There are individual septic system on each of the tracts serving the five (5) units Staff is unsure when the homes were placed on the property thus necessitating the site plan review. It appears from aerial photos on the City’s GIS System one (1) or two (2) units and the travel trailer have been added since 2009. September 13, 2012 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: S-1687 5 Although the City does not have zoning jurisdiction in this area the homes have been placed to comply with typical setbacks of the single-family zoning district. There is ample parking on-site to support the units. Staff is somewhat supportive of the application request but is not supportive of allowing the travel trailer to serve as a residence. To staff’s knowledge there are no remaining outstanding technical issues associated with the request. The site plan as presented appears to comply with the typical standards established by the Subdivision Ordinance for site plan review requests. 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 prior to the Commission approving the request the applicant provide approval from the Arkansas Department of Health concerning the existing septic systems. Staff is not supportive of allowing the travel trailer to be used as a residence. 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. 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. PLANNING COMMISSION ACTION: (SEPTEMBER 13, 2012) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had been unable to obtain septic certification from the Arkansas Department of Health. Staff presented a recommendation of deferral of this item to the October 25, 2012, public hearing. There was no further discussion of the item. The Chair entertained a motion for approval of the item on the Consent Agenda as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. September 13, 2012 ITEM NO.: C 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 September 13, 2012 SUBDIVISION ITEM NO.: C (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 September 13, 2012 SUBDIVISION ITEM NO.: C (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. September 13, 2012 SUBDIVISION ITEM NO.: C (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. September 13, 2012 SUBDIVISION ITEM NO.: C (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 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 September 13, 2012 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-5787-C 6 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. STAFF UPDATE: The applicant has stated they are continuing to work with the Birchwood Neighborhood Association concerning proposed modifications to the existing building and additions to the site plan. Staff recommends deferral of this item to the October 25, 2012, public hearing. PLANNING COMMISSION ACTION: (SEPTEMBER 13, 2012) Mr. Joe White of White-Daters and Associates was present. There were no registered objectors present. Staff presented the item stating the applicant had stated they are continuing to work with the Birchwood Neighborhood Association concerning proposed September 13, 2012 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-5787-C 7 modifications to the existing building and additions to the site plan. Staff presented a recommendation of deferral of the item to the October 25, 2012, public hearing. There was no further discussion of the item. The Chair entertained a motion for approval of the item on the Consent Agenda as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. September 13, 2012 ITEM NO.: D 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. September 13, 2012 SUBDIVISION ITEM NO.: D (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. STAFF UPDATE: There has been no contact with the applicant since the previous public hearing. Staff recommends withdrawal of this item. PLANNING COMMISSION ACTION: (SEPTEMBER 13, 2012) The applicant was not present. There were no registered objectors present. Staff presented the item stating there had been no contact with the applicant since the previous public hearing. Staff presented a recommendation of withdrawal of the item. There was no further discussion of the item. The Chair entertained a motion for approval of the item on the Consent Agenda as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. September 13, 2012 ITEM NO.: 1 FILE NO.: S-867-RRRRRRR NAME: Chenal Valley South Preliminary Plat LOCATION: Located North of Denny Road just West of Gordon Road and North of Wildwood Park DEVELOPER: Deltic Timber Corporation 7 Chenal Club Boulevard Little Rock, AR 72223 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 16.73 acres NUMBER OF LOTS: 19 FT. NEW STREET: 1,100 LF CURRENT ZONING: R-2, Single-family PLANNING DISTRICT: 19 - Chenal CENSUS TRACT: 42.13 VARIANCES/WAIVERS REQUESTED: A five year deferral of the required street improvements to Denny Road or until improvements are completed adjacent to this site. The applicant submitted a request dated August 30, 2012, requesting deferral of this item to the October 25, 2012, public hearing. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (SEPTEMBER 13, 2012) Mr. Tim Daters and White-Daters and Associates was present representing the request. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated August 30, 2012, requesting September 13, 2012 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-867-RRRRRRR 2 deferral of the item to the October 25, 2012, public hearing. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The Chair entertained a motion for approval of the item on the Consent Agenda as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. September 13, 2012 ITEM NO.: 2 FILE NO.: S-1554-C NAME: Stagecoach Crossing Preliminary Plat Street Waiver LOCATION: Located on the Northeast corner of Stagecoach and Herndon Roads DEVELOPER: Redland, LLC 9107 N. Rodney Parham Road Little Rock, AR 72205 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 21.65 acres NUMBER OF LOTS: 84 FT. NEW STREET: 2,950 LF CURRENT ZONING: R-2, Single-family PLANNING DISTRICT: 12 – 65th Street West CENSUS TRACT: 24.05 VARIANCES/WAIVERS REQUESTED: A waiver of the required street construction/widening for Stagecoach Road. BACKGROUND: The Little Rock Planning Commission approved a preliminary plat request on March 1, 2007, allowing the subdivision of 21.65 acres into 84 single-family residential lots and three (3) Tracts. A total of 2,950 linear feet of new street was approved to serve the new subdivision with access points to Herndon Road. The developer indicated boundary street improvements to Stagecoach Road would be completed within five years of the approval of the final plat. The final plat for Phase 1 was recorded on March 21, 2008, (13 lots). The final plat for the second phase was recorded on October 2, 2008, (71 lots and 3 tracts). September 13, 2012 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1554-C 2 A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The request is to amend the currently approved preliminary plat to grant a waiver of the required street construction to Stagecoach Road adjacent to the plat area. The applicant has indicated right of way will be dedicated to Master Street Plan standards. The plat has approximately 515 feet of frontage on Stagecoach Road which is designated on the Master Street Plan as a principal arterial which requires a right of way of 100-feet, two lanes of travel in each direction and turn lanes at major intersections. B. EXISTING CONDITIONS: The homes abutting Stagecoach Road have not been started but several homes within the subdivision have been completed and are occupied. There is a single-family subdivision located to the south of this site called Greenwood Acres. There are three (3) homes located on the north side of Herndon Road within the Greenwood Acres Subdivision. The street widening on Stagecoach Road adjacent to Greenwood Acres has been completed. The improvements include curb, gutter and sidewalk on both sides of the Herndon Road intersection which splits Greenwood Acres and Stagecoach Crossing Subdivisions. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents. All abutting property owners, the Pecan Lake Property Owners Association, the Stagecoach Dodd Neighborhood Association and the Tall Timber Property Owners Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Public Works is not aware of a construction project to widen Stagecoach Road. A project is proposed to widen the bridges only. 2. The Master Street Plan shows Stagecoach Road is to be widened with the new curb 29.5 feet from the centerline with sidewalks. When fully constructed per the Master Street Plan Stagecoach Road will contain five (5) lanes. 3. AHTD has widened streets in City of Little Rock using the existing curb placement per the City of Little Rock Master Street Plan and shifted the centerline of the street. 4. With no project proposed by AHTD, the widened street will improve vehicle safety and access along Stagecoach Road. The improvements will improve September 13, 2012 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1554-C 3 vehicle turning right onto Stagecoach Road from Herndon Road by providing an acceleration lane. With open ditches on both side of Stagecoach Road at this location and the non-existence of shoulders, an unsafe condition is created for vehicles having to pull off the road. 5. A sidewalk along Stagecoach Road will improve pedestrian safety. A sidewalk is required to be provided to connect to the existing sidewalk on Herndon Road and Stagecoach Road to the west for pedestrian use. With these improvements, approximately 850 feet of continuous sidewalk will be provided. E. SUBDIVISION COMMITTEE COMMENT: (August 22, 2012) Mr. Tim Daters and White-Daters and Associates was present representing the owner. Staff presented an overview of the request stating with the original approval the development had been granted a five (5) year deferral of the required boundary street improvements to Stagecoach Road. Staff stated the developers were now requesting to amend the preliminary plat by eliminating the requirement for street widening to Stagecoach Road and allowing a waiver of the boundary street ordinance requirements. Public Works staff stated the waiver would not be supported. Staff stated the subdivision to the south had completed their required improvements and the additional paving and sidewalk would improve safety for pedestrians and motorist. Staff stated they were not aware of a proposed AHTD project in the area. Staff stated the only AHTD project in this area they were aware of was widening the bridges from Colonel Glenn Road to I-430. Mr. Daters stated with the bridge widening project the new bridge width would be 36-feet. He stated the nearest sidewalk to the development was located a great distance from this proposed development. There was a general discussion concerning the cost of the street improvements to Stagecoach Road and the impact on the cost of the homes within the subdivision. Mr. Daters stated the developers had sold a number of the lots to a builder who was building homes for $105,000 to $110,000. He stated this price was all the market would bear within this subdivision. He stated the required street improvements would raise the cost of the lots by $15,000 to $20,000 which would price the homes out of range for the subdivision. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. September 13, 2012 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1554-C 4 F. ANALYSIS: There were no outstanding technical issues associated with the request in need of addressing related to the proposed site plan. The applicant is seeing a waiver of the Boundary Street Ordinance requirements for the widening of Stagecoach Road. The Boundary Street Ordinance requires Stagecoach Road to be widened to 29.5 feet from the centerline with curb, gutter and sidewalk for approximately 500 feet adjacent to the Stagecoach Crossing Subdivision. This portion of Stagecoach Road is currently 10.5 feet wide from centerline with a very minimal shoulder, a steep roadside embankment, open ditch, and no sidewalk. These street conditions drastically reduce vehicle and pedestrian safety. Arkansas Highway and Transportation Department (AHTD) is aware of the current safety concerns on Stagecoach Road and is planning to widen the bridges about 10 feet. Bridges will be required to be widened further when Stagecoach Road is widened. AHTD has no plans at this time to widen Stagecoach Road. AHTD has in the past widened streets where portions of the street had been previously widened by Boundary Street Ordinance requirements. AHTD goes to great effort to save money and match the existing curb and gutter already in place on widening projects. AHTD is currently widening Stagecoach Road west of Otter Creek Road utilizing the existing widened street as previously required by the Boundary Street Ordinance. The improvements required to be made to Stagecoach Road will improve vehicle safety and access. The improvements will improve vehicles turning right onto Stagecoach Road from Herndon Road by providing an acceleration lane. The homeowners of the Stagecoach Crossing Subdivision take access to Stagecoach Road from Herndon Road. These improvements will directly benefit the residents of the Stagecoach Crossing Subdivision. With the addition of a sidewalk provided along Stagecoach Road, pedestrian safety will also be improved. A sidewalk is already installed along Herndon Road and Stagecoach Road west of Herndon Road. With the addition of the Boundary Street Ordinance improvements required to be provided by the developers of Stagecoach Crossing Subdivision, approximately 900 feet of continuous widened street will be provided on Stagecoach Road. Also, approximately 850 feet of continuous sidewalk will be provided on Stagecoach Road to link with approximately 1500 feet of sidewalk installed along Herndon Road. At the time of approval of the Stagecoach Crossing Preliminary Plat, the applicant was aware of the Boundary Street Ordinance requirements and requested to delay those improvements until the last phase of development. Staff agreed with the applicant and recommended approval of the preliminary September 13, 2012 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1554-C 5 plat subject to a delay of the Boundary Street Ordinance improvements until the last phase of development. As part of the plat approval, the applicant is now required to meet his previous approval obligation. G. STAFF RECOMMENDATION: Staff recommends denial of the requested waiver of the Boundary Street Improvements to Stagecoach Road. PLANNING COMMISSION ACTION: (SEPTEMBER 13, 2012) Mr. Tim Daters and Mr. Chip Bosley were present representing the request. There was one registered objector present. Staff presented the item with a recommendation of denial. Mr. Tim Daters of White-Daters and Associates stated when the plat was approved in 2007 the developer did commit to installing the required improvements to Highway 5. He stated Mr. Bosley was going to address the economics and the change in circumstance which limited the developer’s ability to complete the improvements. Mr. Bosley, the developer, stated when the development stated the homes being constructed were in the $145,000 range. He stated as each of the homes sold a portion of the profit was placed in an account to allow for the required improvements to Highway 5 at the time the improvements would be required. He stated the estimated cost of improvements was $170,000 five years ago. He stated when the economy changed the price point of the homes dropped to $120,000. He stated qualified applicants on Monday would not be qualified on Friday when closing time rolled around. He stated the only way the subdivision was still viable was due to Rausch Coleman, a large residential home builder, who began buying lots and developing new homes. He stated the price point for Rausch Coleman was $105,000. He stated he and his partners were selling the lots to Rausch Coleman at cost. He stated he was willing to donate to the City $30,000 to be used anywhere the City felt was appropriate. He stated the development could not afford to complete the improvements and requested the Commission grant a waiver of the improvements to Highway 5. Mr. Tim Daters stated there was an existing drainage problem located within the street widening area that had to be corrected by the Highway Department before the developer could install the improvements. He stated AHTD was unaware of a maintenance fix that had occurred which was not up to standard. He stated there were several cross ties laying on their side at the end of a culvert which was holding up the road. September 13, 2012 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1554-C 6 Mr. Daters provided the Commission with a number of examples where various developers had installed improvements on a State Highway which were later removed by AHTD in a highway widening project. He stated there were plans to widen the bridges on Highway 5 by the Highway Department but there were no plans to widen the roadway. He stated AHTD estimated 9,000 vehicles per day on this section of road and estimated an increase in volume to 11,500 vehicles per day over the next 20 years. He stated there was approximately 400 feet of frontage that would be widened by the developer and allow the construction of an additional lane and ½, curb, gutter and sidewalk. He stated the next sidewalk was located ½ mile to the north, near Colonel Glenn and 2 miles to the south, I-430. Mr. Daters stated the City should consider amending the Master Street Plan and the Boundary Street Ordinance related to constructing improvements on State Highways. Ms. Ruth Bell, League of Women Voters, addressed the Commission in opposition of the request. She stated economics and distraction were not items for the Commission to consider. She stated both the public and private sectors had taken a hit with the turn in the economy. She stated the City of Little Rock was not responsible for the financial success of those that came before them for rezoning or subdivision matters. She stated it was ok to work with a developer to ensure their success in the event of changes in economics but the City was not responsible for their financial welfare. She stated the boundary street ordinance had been in place for a long time. She stated in the beginning some improvements did not make sense but over time as the gaps began to fill in then the improvements were continuous and allowed for a better development and street network through out the City. She stated the League requested the Commission refuse the developers request and not forgive the widening requirement of Stagecoach Road. Mr. Daters stated the developer would meet their obligation if the Commission denied their request. He stated it would take a while for the subdivision to be built out due to the additional cost the improvements would impose on the remaining lots. There was a general discussion by the Commissioners, Mr. Daters, Mr. Bosley and staff on a number of items including how other Cities handled improvements on State Highways. Mr. Bosley and Mr. Daters stated in Bryant and Benton when a project was located on a State Highway no improvements were required. Mr. Bosley stated the developer was required to improve local streets but not State Highways. Mr. Daters stated his firm was currently the engineer of record for a nursing home project in Bryant located on Highway 5 and the development was not required to make any improvements to the State Highway. Commissioner Rector questioned Mr. Daters on what should be done to amend the Master Street Plan to not require improvements on State Highways but remain fair and equitable. Mr. Daters stated there were cases when improvements to the State September 13, 2012 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1554-C 7 Highway made sense. He stated the improvements made to Cantrell Road which were installed prior to the widening of Highway 10 were still in place. He stated a number of the places which had been widened on Highway 5 south of Otter Creek were being removed. He stated there should be some flexibility in the Master Street Plan to review each of the cases on an individual basis. The Commission discussed what would happen if the developers walked away from the development and who would be responsible for completion of the improvements to Highway 5. Staff stated the successor would be responsible. Staff stated there were a number of lots remaining in the final phase which had not been final platted and staff would not allow them to be final platted until the boundary street ordinance requirements were met. The Commission questioned the length of a left turn lane. Staff stated the Master Street Plan allowed for a 150-foot lane including taper but AHTD would most likely require 400-feet based on the speeds on Stagecoach Road. Staff stated with a design speed of 45 mph then 400-feet was typically required. Commissioner Rector stated the Master Street Plan placed an undue burden of property owners next to the street. He stated with the onerous requirement of improvements placed on property owners the owners had no choice but to request to up-zone the property to add value to complete the improvements. He stated if the development was adjacent to a State Highway the Highway Department should be consulted as to the improvements they desired. Commissioner Rector stated it was time to review the Master Street Plan and the Boundary Street ordinance requirements and possibly make modifications which would then place the cost of the improvements to the area property owners and not just the property owners abutting the street. There was a general discussion concerning the applicant’s proposal to allow a cash donation for $30,000 in-lieu of street construction. A motion was made to accept the cash payment of $30,000 to be used by the City as they saw fit and waive the boundary street ordinance requirement for the construction of Highway 5 adjacent to the applicant’s development. The motion carried by a vote of 8 ayes, 2 noes and 1 absent. September 13, 2012 ITEM NO.: 3 FILE NO.: S-1691 NAME: Redbridge Development Addition Lots 1 & 2 LOCATION: Located on the East side of Edswood Road approximately 1,200 feet South of Kanis Road DEVELOPER: Redbridge Development LTD Robert Schmitt 45 Ranch Ridge Road Little Rock, AR 72223 SURVEYOR: Donald Brooks Surveying 20820 Arch Street Pike Hensley, AR 72065-9256 AREA: 5.17 acres NUMBER OF LOTS: 2 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family PLANNING DISTRICT: 18 – Ellis Mountain CENSUS TRACT: 42.07 VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is requesting to split an existing 5.17 acre parcel located east of Edswood Road approximately 1,200 feet south of Kanis Road. There is an existing 30-foot ingress-egress easement extending from Edswood Road serving this parcel as well as two parcels to the west and one parcel to the east. The access easement splits the property into a 3.80 acre tract (Lot 1) and a 1.27 acre tract (Lot 2). The proposed plat indicates the placement of a 20-foot platted building line for each of the lots adjacent to the access easements. All other setbacks will comply with the typical standards of the R-2, Single-family Zoning District. The lots will be developed utilizing private streets. September 13, 2012 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-1691 2 B. EXISTING CONDITIONS: The property is located outside the City limits but within the City’s Extraterritorial Planning Jurisdiction. The area is developed primarily with single-family homes located on acreage with the majority of the homes located on five (5) plus acres. East of the proposed plat area there are three (3) single-family homes near completion located within the Hagan’s Addition, which is a plat approved by the Planning Commission in January 2011. A total of five (5) residential lots were approved. There was an existing home located on one (1) of the lots and construction has not begun on the fifth lot. The Commission approved a preliminary plat to allow an additional five (5) lots to the north of the homes under construction at their June 21, 2012, public hearing. These lots have not been final platted. The site proposed for platting is located east of Edswood Road along a narrow private access easement. There appear to be three (3) to four (4) homes serviced by the access easement. Two (2) to three (3) homes located west of the proposed plat area and one (1) to the east of the plat area. The property proposed for platting is wooded with the access drive splitting the acreage and serving a home to the east. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents. All abutting property owners were notified of the public hearing. There is not a registered neighborhood association located in the area. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Edswood 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 within the width of the access easement. (It has been determined that the proposed plat area does not abut Edswood Road and no right of way dedication is required.) E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Outside the service boundary. Provide septic certification from the Arkansas Department of Health. Entergy: Approved as submitted. September 13, 2012 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-1691 3 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. A Capital Investment Charge based on the size of the meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. Fire Department: Place fire hydrants per code. Maintain a minimum access of at least 20-feet. Contact the Little Rock Fire Department for additional information. County Planning: Provide proof of septic approval on both lots and approval from the volunteer fire department for the proposed plat. CATA: The site is not located on a dedicated CATA Bus Route. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (August 22, 2012) Mr. Bob Schmitt, Redbridge LLC, was present representing the request. Staff presented an overview of the development stating there were few outstanding technical issues associated with the request. Staff requested Mr. Schmitt provide them with a copy of the access easement agreement. Staff also requested Mr. Schmitt provide approval for the proposed septic system placement. Public Works comment was noted. Commissioner Rector questioned how the developer could dedicate right of way on Edswood Road when he did not own the property. Staff stated if he was not the owner and the owner of the property was not involved in the plat area then right of way was not required. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. September 13, 2012 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-1691 4 H. ANALYSIS: The applicant has provided staff with a copy of the access easement agreement and is continuing to work to secure septic approval for the two (2) proposed lots. The applicant has indicated the property owner abutting Edswood Road does not desire to grant right of way as requested by Public Works staff. That property is not part of this plat. The lots will be developed utilizing private streets. The site is located outside the City limits of Little Rock but within the City’s Extraterritorial Planning Jurisdiction. Section 31-232(c) states lots served by a public water system and proposed to be served by a septic tank system must submit at the time of request for preliminary plat filing a written certification approved by the State Department of Health. The lot sizes allowed by this certification shall be indicated on the plat. The Department of Health has indicated they do not provide approval of septic certification at preliminary platting but at the time of actual construction of the septic system. Prior to the Commission acting on the request the applicant will have secured a report from Meinco Septic System to determine if the soils are suitable for septic systems and will support the lot sizes as proposed. All the proposed lots will be served by Central Arkansas Water with an extension of a water main as needed. The request is to divide the 5.17 acre tract into two (2) lots. The lots will be split based on an existing access easement which crosses the property providing access to a single-family home to the east. The lots are proposed containing 3.80 acres (Lot 1) and 1.37 acres (Lot 2). The access easement serving this lot and lots to both the east and west is a 30-foot ingress-egress easement which also provides for a utility easement. Staff is supportive of the request. Although in this area the existing lots are mostly larger than the lots as proposed by the applicant the lots do meet the typical standards of the R-2, Single-family Zoning District. Prior to the Commission acting on the request a septic certification indicating the lots as proposed are sufficient to allow for proper waste disposal will be provided. To staff’s knowledge there are no remaining outstanding technical issues in need of addressing related to the proposed preliminary plat. 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. September 13, 2012 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-1691 5 PLANNING COMMISSION ACTION: (SEPTEMBER 13, 2012) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. There was no further discussion of the item. The Chair entertained a motion for approval of the item on the Consent Agenda as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. September 13, 2012 ITEM NO.: 4 FILE NO.: S-1692 NAME: Capitol Hills Extension Replat Tracts A, B and C, Block 5 LOCATION: Located on the Southeast corner of West 10th and Rice Streets DEVELOPER: Metropolitan Housing Alliance 100 South Arch Street Little Rock, AR 72201 SURVEYOR: Donald Brooks Surveying 20820 Arch Street Pike Hensley, AR 72065-9256 ARCHITECT: Fennell Purifoy Architects Colley Burrow 100 Morgan Keegan Drive, Suite 320 Little Rock, AR 72202 AREA: 0.30 acres NUMBER OF LOTS: 3 FT. NEW STREET: 0 LF CURRENT ZONING: R-4, Two-family PLANNING DISTRICT: 8 – Central City CENSUS TRACT: 45 VARIANCES/WAIVERS REQUESTED: A variance to allow a reduced lot width and a reduced lot area for the proposed lots. The applicant submitted a request dated August 22, 2012, requesting withdrawal of this item without prejudice. September 13, 2012 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: S-1692 2 PLANNING COMMISSION ACTION: (SEPTEMBER 13, 2012) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated August 22, 2012, requesting withdrawal of the item without prejudice. Staff presented a recommendation of approval of the withdrawal request. There was no further discussion of the item. The Chair entertained a motion for approval of the item on the Consent Agenda as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. September 13, 2012 ITEM NO.: 5 FILE NO.: S-200-R NAME: Chenal Pointe at the Divide Revised Subdivision Site Plan Review LOCATION: 6400 Divide Parkway DEVELOPER: Prescott Realty Group David Dierkes, Director 6060 N. Central Expressway, Suite 101 Dallas, TX 75206 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 15.22 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: MF-18 PLANNING DISTRICT: 20 - Pinnacle CENSUS TRACT: 42.05 VARIANCES/WAIVERS REQUESTED: A variance from Section 36-552 to allow an increase in area for the ground sign. BACKGROUND: The Little Rock Planning Commission approved a site plan review request at their April 8, 2010, public hearing to allow the development of 15.22 acres of MF-18 zoned property with 260 units of multi-family housing. The development included eleven (11) apartment buildings and a leasing office and clubhouse. A variance to allow an increased building height to 46-feet at mid-roof height was approved. The request included the placement of a single identification sign at the entrance to the development. The sign was consistent with signage allowed in multi-family zones or a maximum of six (6) feet in height and thirty-two (32) square feet in area. September 13, 2012 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: S-200-R 2 Building signage and directional signage were approved as typically allowed in the multi-family zones. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is now requesting to amend the previously approved site plan to allow an increase in the identification sign for the development. The request is to allow a 24 square foot sign face (area filled by text) to be located on an 84 square foot decorative wall. The decorative stone clad wall is consistent with the design character of stone clad fence columns located on the perimeter of the site and the stone clad veneer on the residential buildings. There are no other changes proposed for the previously approved site plan. B. EXISTING CONDITIONS: The apartments are under construction with the majority of the exterior work completed. The Divide Parkway has been constructed to the site. Uses in the area are limited and include a school, big box retail and a church all located along Cantrell Road. The area to the east, north and west are zoned office, multi-family and single-family and are currently undeveloped. 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 Coalition of West Little Rock Neighborhoods, the Aberdeen Court Property Owners Association, the Duqesne Place Property Owners Association and the Maywood Manor Neighborhood Association were notified of the public hearing. D. SUBDIVISION COMMITTEE COMMENT: (August 22, 2012) The applicant was not present. Staff presented the item stating there were no outstanding technical issues associated with the request. Staff stated the applicant was requesting a revision to the previously approved site plan to allow a ground sign larger than typically allowed in multi-family zones. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. E. ANALYSIS: There were no outstanding technical issues associated with the request in need of addressing raised at the August 22, 2012, Subdivision Committee meeting. The applicant is requesting a variance from Section 36-552 to allow an increase September 13, 2012 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: S-200-R 3 in the total sign area allowed for multi-family developments. The ordinance states apartment or condominium complexes developments are allowed one sign not to exceed 24-square feet in area. The ordinance also states all free standing signs shall not exceed six (6) feet in height and shall have a setback of five (5) feet from any public right of way, measured from the closest edge of the sign. The applicant is requesting to amend the previously approved site plan to allow an increase in the identification sign for the multi-family development. The sign is proposed with a sign face, the area filled by text, of 24 square feet with a sign structure or a decorative wall containing a total of 84 square feet. There are no other changes proposed for the previously approved site plan. To staff’s knowledge there are no remaining outstanding technical issues associated with the request. Staff is supportive of the request to allow the increase in the overall sign area. Staff does not feel the placement identification sign for the apartment complex six (6) feet in height containing 84 square feet in area on this property containing 15+ acres will significantly impact the development. F. STAFF RECOMMENDATION: Staff recommends approval of the variance request from Section 36-552 to allow the placement of the specifically proposed sign six (6) feet in height and 84 square feet in area on this site. PLANNING COMMISSION ACTION: (SEPTEMBER 13, 2012) The applicant was present. There were no registered objectors present. Staff stated the applicant had failed to provide the correct time on the notice of public hearing form to the property owners located within 200-feet as required by the Commission’s By-laws. Staff stated the applicant had obtained e-mail statements from the affected property owners and all had indicated they were aware of the correct time of the public hearing and all were in support of the sign variance. Staff stated the approval required a waiver of the Commission’s By-laws with regard to the late notification of the correct time of the public hearing. The Chair entertained a motion for approval of the BY-law waiver with regard to notification. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. Staff presented the item with a recommendation of approval of the variance request from Section 36-552 to allow the placement of the specifically proposed sign six (6) feet in height and 84 square feet in area on this site. September 13, 2012 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: S-200-R 4 There was no further discussion of the item. The Chair entertained a motion for approval of the item on the Consent Agenda as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. September 13, 2012 ITEM NO.: 6 FILE NO.: S-554-C NAME: Mabelvale West Industrial Park Lot 1 Subdivision Site Plan Review LOCATION: 11205 Otter Creek South Road DEVELOPER: Rogers Warehouse Development LLC P.O. Box 45 Columbus, KS 66725 ENGINEER: McGetrick and McGetrick Engineers 11419 Stagecoach Road, Suite 2100 P.O. Box 30441 Little Rock, AR 72260 AREA: 12.68 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: I-2, Light Industrial PLANNING DISTRICT: 16 CENSUS TRACT: 41.03 VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is requesting a Subdivision Site Plan Review, Multiple Building, for the property located at 11205 Otter Creek South Road. The site contains one existing building. The applicant is proposing to construct a second building resulting in the need for multiple building site plan review. The two (2) buildings will be separated by a lay-down yard. The lay-down yard is located so each of the buildings has access to the area and materials. The overall site contains 12.6 acres with a building coverage of 36.21 percent. Each of the buildings will contain 100,000 square feet of warehouse space with 115 total parking spaces. September 13, 2012 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: S-554-C 2 B. EXISTING CONDITIONS: The property is located in an area that is developing as industrial and institutional uses. The property is bordered on the west by the Otter Creek Industrial Park, on the south by the Union Pacific Railroad and on the east by undeveloped property and further east is Mabelvale Junior High School. There are a number of office, office/warehouse users located along the western perimeter of the site; along Otter Creek East Boulevard. Southwest Hospital is located across Mabelvale West Road, to the North. 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 Otter Creek Homeowners Association and Southwest Little Rock United for Progress 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. Sediment should be removed from the existing detention pond and other maintenance performed as needed. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. A water main extension will be needed to provide water service to this property. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) September 13, 2012 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: S-554-C 3 are required, they will be installed at the Developer’s expense. Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and the Little Rock Fire Department is required. Contact Central Arkansas Water regarding the size and location of the water meter. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. Due to the nature of the facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by 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 the 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 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 site is not located on a dedicated CATA Bus Route. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. September 13, 2012 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: S-554-C 4 Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. The landscape ordinance requires a nine foot (9’) wide perimeter landscape strip around the sites entirety. The site plan appears to be meeting this minimal ordinance requirement. 3. A small amount of building landscaping will be required between the parking lot and the building. 4. The landscape ordinance requires a minimum of eight percent (8%) of the paved areas be landscaped with interior islands of at least 7 ½ feet in width and 150 square feet in area. Interior islands are to be evenly distributed through out the parking area. 5. An automatic irrigation system to water landscaped areas will be required. 6. Prior to the issuance of a building permit, it will be necessary to provide an approved landscape plan stamped with the seal of a Registered Landscape Architect. 7. The City Beautiful Commission recommends preserving as many existing trees as feasible on tree covered sites. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (August 22, 2012) Mr. Pat McGetrick of McGetrick Engineers was present representing the request. Staff presented an overview of the development stating there were few outstanding technical issues associated with the request. Staff questioned if the activity was manufacturing or warehousing. Staff also questioned if there would be a dumpster located on the site, if any additional signage was proposed and if there would be any outdoor storage. Public Works comments were addressed. Staff stated any broken curb, gutter or sidewalk located within the right of way would be required to be repaired prior to the issuance of the certificate of occupancy. Staff also stated the existing detention pond should be cleared and routine maintenance performed. Landscaping comments were addressed. Staff stated a small amount of building landscaping was required with the new construction. Staff also stated an automatic irrigation system to water landscaped areas was required. September 13, 2012 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: S-554-C 5 Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: Mr. McGetrick submitted a revised site plan to staff addressing the issues raised at the August 22, 2012, Subdivision Committee meeting. The revised plan indicates the placement of the proposed dumpster and includes a note concerning the required screening. The plan also indicates the activity taking place on the site is warehousing and a sign has been identified on the proposed site plan. The site plan indicates there will be a lay-down area between the two buildings. An 8-foot fence will be located between the buildings to secure the area. Section 36-320(b)(1) defines the allowance of outdoor storage within a development. The ordinance states all uses are to be entirely within enclosed buildings. Outdoor storage of equipment, materials or merchandise, however, is allowed provided they are screened by a six foot opaque barrier, except when such merchandise consists of airplanes, automobiles, boats, mobile homes, travel trailers or motorhomes, motorcycles, buses or trucks or wheeled or traced industrial vehicles. The request is a site plan review request as established by Section 31-13 to allow the placement of multiple buildings on a single tract. The property contains an existing 200-foot by 500-foot warehouse building containing 100,000 square feet. The request is to add an additional building also 200-feet by 500-feet and containing 100,000 square feet. The lay-down area between the buildings will be uncovered and is proposed 60-feet by 200-feet. The use of the property is warehousing. Parking for this type use typically requires five (5) parking spaces plus one space per 2,000 square feet of gross floor area up to 50,000 square feet; then an additional one (1) space per 10,000 square feet of floor area above 50,000 square feet. Based on the square footage at total of 45 parking spaces would typically be required to serve the use. There are 45 existing parking spaces located in front of the building and an additional 15 parking spaces are proposed at the southern end of the new building. The site plan indicates the placement of a single sign not to exceed signage allowed in industrial zones or a maximum of 30-feet in height and 72 square feet in area. Building signage will comply with signage allowed in industrial zones or a maximum of ten percent of the front façade area. September 13, 2012 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: S-554-C 6 The property is zoned I-2, Light Industrial District. The ordinance allows a maximum building height of 45-feet. The building height proposed does not exceed 35-feet. The ordinance requires the placement of a front yard setback of 50-feet, a side yard setback of 15-feet and a rear yard setback of 25-feet. The site plan indicates setbacks as required per the zoning district. The rear yard is indicated with a minimum setback of 26.88-feet. The side yards are 120-feet on the east and 60.26-feet on the west. The front is a minimum of 115-feet. Staff is supportive of the request. The plan as presented complies with the typical development standards of the I-2, Light Industrial Zoning District. To staff’s knowledge there are no remaining outstanding technical issues associated with the request. The development is proposed with 36.21 percent lot coverage. Staff feels the site plan as presented 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. A screening fence or wall is required between the buildings to screen the lay-down area as required by Section 36-320(b)(1). PLANNING COMMISSION ACTION: (SEPTEMBER 13, 2012) Mr. Pat McGetrick of McGetrick and McGetrick Engineers was present representing the request. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff stated a screening fence or wall was required between the buildings to screen the lay-down area as required by Section 36-320(b)(1). There was no further discussion of the item. The Chair entertained a motion for approval of the item on the Consent Agenda as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. September 13, 2012 ITEM NO.: 7 FILE NO.: S-1690 NAME: Morrison Ice Subdivision Site Plan Review LOCATION: 4110 West 12th Street DEVELOPER: Commercial Property Improvements 1376 Grant 56 Sheridan, AR 72150 ENGINEER: Arkansas Surveying and Consulting Scott Foster 1926 Salem Road Benton, AR 72019 AREA: 1.748 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: C-3, General Commercial District PLANNING DISTRICT: 9 – I-630 CENSUS TRACT: 18 VARIANCES/WAIVERS REQUESTED: 1. A variance from Section 36-301(e)(2) to allow a decreased side yard setback along Lewis Street. 2. A variance from Section 36-555(a)(2)(a) to allow an increase in the allowable sign area for the eastern and western facades of the ice machine. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The request is for approval of a Subdivision Site Plan Review application request (multiple buildings) for the placement of a pre-manufactured ice machine on the parking lot of City Market, 4110 West 12th Street. The ice machine is approximately 8.5-feet by 24.5-feet. The request includes a setback variance along Lewis Street. The variance is necessary due to an existing retaining wall, and the layout of the parking lot and drives. Signage will be placed on the ice September 13, 2012 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: S-1690 2 machine on the east and west sides and on the front facing West 12th Street, all of which have public street frontage. The request includes a variance to allow signage in excess of the typically allowed ten (10) percent façade area. B. EXISTING CONDITIONS: City Market grocery store occupies the entirety of this block. The ice machine has been set on the property within the parking lot near the entrance drive from Lewis Street. There is a pest control business located east of the site and an auto parts store located to the west of the site fronting West 12th Street. South of the site along West 12th Street are single-family homes. There is a daycare located north of the site at the corner of West 11th and Lewis Streets. The remainder of the area appears to be residential. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents. All property owners located within 200-feet of the site, the Forest Hills Neighborhood Association, the Hope Neighborhood Association, the Stephens Area Faith Neighborhood Association and the Pine to Woodrow Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: No comment. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: 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. Contact Central Arkansas Water regarding the size and location of the water meter. A Capital Investment Charge based on the size of meter connections(s) will apply to this project in addition to normal charges. This fee will apply to all connections including September 13, 2012 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: S-1690 3 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 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 #3 – the Baptist Medical Center Route. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (August 22, 2012) The applicant was present representing the request. Staff presented the item noting there were few outstanding technical issues associated with the request. Staff questioned the location of the signage and requested the applicant provide the total sign area on each side of the ice machine. Staff noted there were no Public Works comments or landscape comments. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. September 13, 2012 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: S-1690 4 H. ANALYSIS: The applicant submitted to staff the total sign area for each of the facades of the ice machine. There were no other outstanding technical issues associated with the request raised at the August 22, 2012, Subdivision Committee meeting. The applicant is seeking approval per Section 31-13 of the Little Rock Code. The ordinance sets forth procedures for processing multiple building site plans and to establish the standards for the development of site. The Subdivision Site Plan review is a development review process that provides for case by case consideration of project particulars including the provision of parking and landscaping in accordance with the appropriate ordinances, siting of buildings, and the relationship with adjoining properties. There is an existing grocery store and the applicant has placed an 8.5-foot by 24.5-foot pre-manufactured ice machine within the parking lot. Based on the size of the machine staff typically views the machine as a structure. Signage is proposed on the Lewis Street façade, the 12th Street façade and the South Elm Street façade. The ice machine is 8.6-feet by 24.6-feet and is 9-feet tall. The total façade area for the east and west sides is 221 square feet and the south façade is 77 square feet. This would allow the placement of 22 square feet of sign area on the eastern and western facades and 7.7 square feet on the southern façade. The request includes a variance to allow sign areas in excess of that typically allowed per the Zoning Ordinance on the eastern and western facades of the machine (Section 36-555(a)(2)(a)). The sign on the Lewis Street side is a total of 58 square feet (26%), the signage on the South Elm Street façade is a total of 48 square feet (21%) and on the 12th Street façade a total of 4 square feet (5%). The request also includes a variance from Section 36-301(e)(2) to allow a decreased side yard setback along Lewis Street.. The property is zoned C-3, General Commercial District which typically requires the placement of a side yard setback abutting a public right of way equal to the front yard setback or 25-feet. The machine has been placed at 5-feet from the property line on Lewis Street. All other setbacks are being met. Staff is supportive of the request to allow the placement of the pre-fabricated ice machine within the parking lot of the City Market. Staff is supportive of the two variances associated with the request. Staff does not feel the setback variance along Lewis Street will adversely impact the area. The machine is set a considerable distance from West 12th Street and the placement of the machine at the 25-foot required setback would significantly impact the on-site parking for the September 13, 2012 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: S-1690 5 City Market. Also staff does not feel the placement of the signs on the facades will have a negative impact on the development. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends approval of the variance request from Section 36-301(e)(2) to allow a decreased side yard setback along Lewis Street. Staff recommends approval of the variance from Section 36-555(a)(2)(a) to allow an increase in the allowable sign area for the eastern and western facades of the pre-manufactured ice machine. PLANNING COMMISSION ACTION: (SEPTEMBER 13, 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 variance request from Section 36-301(e)(2) to allow a decreased side yard setback along Lewis Street. Staff also presented a recommendation of approval of the variance from Section 36-555(a)(2)(a) to allow an increase in the allowable sign area for the eastern and western facades of the pre-manufactured ice machine. There was no further discussion of the item. The Chair entertained a motion for approval of the item on the Consent Agenda as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. September 13, 2012 ITEM NO.: 8 FILE NO.: Z-4125-A NAME: Greater Works Christian Church Short-form PID LOCATION: Located at 3517 Asher Avenue DEVELOPER: Greater Works Christian Church Donald Gray 1006 Dennison Street Little Rock, AR 72202 SURVEYOR: Donald Brooks Surveying 20820 Arch Street Pike Hensley, AR 72065 AREA: 0.89 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 a church as an allowable uses VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The members of Greater Works Christian Church desire to expand their outreach service. In expanding the services the Church is relocating to 3517 Asher Avenue into a building which will be owned by the Church. The facility will feature a universal sanctuary that will have a seating capacity of 250+ chairs; including choir stand. It will also feature a fellowship hall area for feeding adventures for the homeless and less fortunate, community fellowships, wedding reception area and funeral-feeding space. There will be classroom spaces used for health seminars and financial empowerment lectures, and also as a storage site for food and clothing distribution to the community at large. The facility will have administrative offices for daily planning and administration. Furthermore, September 13, 2012 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-4125-A 2 the facility will have a mini bookstore, nursery area and game room for the young adults. B. EXISTING CONDITIONS: The site contains a vacant, industrial building and an asphalt parking lot. This area of Asher Avenue contains a mixture of residential and non-residential uses. East of the site is Browns Janitorial service and a church. North on the corner of Martin Street and Asher Avenue is a daycare center. West of the site is a vacant commercial building and further west are industrial uses fronting Asher Avenue. North of the site are single-family homes. 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 Goodwill Neighborhood Association and the Love Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. 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 28 feet. Old driveway curb cuts should be closed. 2. Asher Avenue is classified on the Master Street Plan as a minor arterial with special design standards. A dedication of right-of-way 35 feet from centerline will be required. 3. With future site development or expansion, provide the design of street conforming to the Master Street Plan. Construct one-half street improvements to Asher Avenue including 5-foot sidewalks with the planned development. 4. The existing drainage easement (ditch) in the rear of the property should be cleaned prior to the issuance of a certificate of occupancy. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: Approved as submitted. September 13, 2012 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-4125-A 3 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 connections(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. 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 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 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 I-2 (Light Industrial District) to PID (Planned Industrial District) to add a church as an allowed use to the list of I-2, Light Industrial uses allowed. September 13, 2012 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-4125-A 4 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: Class II Bike Lanes are shown along Asher Avenue. Bike Lanes provide a portion of the pavement for the sole use of bicycles. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. If the rehabilitation cost of the building/structure exceeds fifty percent (50%) of the replacement value of the building then the parking lot and landscaping must be brought into compliancy accordingly. This may include the removal of asphalt along Asher Avenue and within the interior of the parking lot. G. SUBDIVISION COMMITTEE COMMENT: (August 22, 2012) The applicant was present. Staff presented an overview of the request stating there were additional items necessary to complete the review process. Staff stated the parking layout did not appear to be to scale. Staff stated the four (4) parking spaces located nearest Asher Avenue would not be allowed since the spaces would be backing into the drive potentially blocking traffic on the street. Staff questioned any proposed signage including ground and building signage. Public Works comments were addressed. Staff stated the existing driveway was too wide and a defined driveway into the parking area should be created. Staff also stated any future redevelopment of the site would require the Church to complete street improvements to Asher Avenue per the Master Street Plan. Landscaping comments were addressed. Staff stated if the rehabilitation cost of the structure exceeded fifty percent (50%) of the replacement value of the building then the parking lot and landscaping was to be brought into compliancy accordingly. Staff stated this could require the removal of paving along Asher Avenue and within the interior parking lot. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. September 13, 2012 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-4125-A 5 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 August 22, 2012, Subdivision Committee meeting. The applicant has indicated adequate parking on-site to meet the needs of the church. The parking spaces located along Asher Avenue have been removed. The applicant has provided the proposed signage plan and has indicated the church will work with Public Works staff at the time of redevelopment to limit driveway access to the site. The cover letter states the church will include a seating capacity of 250 persons. Parking is typically required at one space for ever four (4) seats. The Planning Commission may authorize stacked parking during the review process. The applicant has indicated there will be adequate on-site parking to serve the initial needs of the church membership or 62 parking spaces are available if stacked parking is utilized. The applicant has indicated should additional parking be required for functions at the church which exceed the available parking they will work with adjacent property owners to allow parishioners to utilize the adjacent properties parking areas. The applicant has indicated a four (4) foot by eight (8) foot sign with brick columns will be placed within the front yard setback along Asher Avenue. Building signage will include lettering on the front façade of the building and include a four (4) foot by eight (8) foot banner also on the front façade. The hours of operation are Monday through Friday from 8 am to 4 pm. Worship services will be Wednesday from 6 pm to 9 pm and Sunday morning service from 9 am to 2 pm. The church also holds yearly revivals. The church will hold activities each day of the week after 5 pm or on weekend mornings. Activities will include weekly ministry, bible study, study groups, choir practice, etc. The church has indicated there will not be a school, daycare or mothers day out program offered at this time. The church has indicated future plans include an outreach program. There will not be overnight housing provided at the church. There will not be daily or weekly feedings offered at the church. Staff is supportive of the request. The property is zoned I-2, Light Industrial District. A church is not an allowable use under the existing zoning classification. The church desires to maintain the I-2, Light Industrial District uses as allowable alternatives for the site. The applicant has indicated minor cosmetic modification September 13, 2012 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-4125-A 6 will be performed to the exterior of the building with the main focus on renovation of the interior. The interior renovations will include a new sanctuary, classroom and meeting space. To staff’s knowledge there are no remaining outstanding technical issues associated with the request. Staff feels the rezoning to add a church as an allowable use for this property 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: (SEPTEMBER 13, 2012) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. There was no further discussion of the item. The Chair entertained a motion for approval of the item on the Consent Agenda as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. September 13, 2012 ITEM NO.: 9 FILE NO.: Z-4470-H NAME: Crain Investments, LLC Long-form PCD LOCATION: Located at 15400 Chenal Parkway DEVELOPER: Larry Crain, Jr. Crain Investments 15400 Chenal Parkway Little Rock, AR 72211 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 7.614 acres NUMBER OF LOTS: 2 proposed FT. NEW STREET: 0 LF CURRENT ZONING: C-2, Shopping Center District with a CUP for Auto sales ALLOWED USES: General Retail and Automobile sales PROPOSED ZONING: PCD PROPOSED USE: C-2, Shopping Center District uses and Auto body repair and collision repair VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: The Little Rock Planning Commission approved a Conditional Use Permit to allow for development of an automobile sales business on this C-2, Shopping Center District zoned 7.64 acre tract on February 3, 2005. The approval allowed for the placement of 536 parking spaces and a building to house the sales, service and showroom area. On April 21, 2011, the Little Rock Planning Commission withdrew a request to rezone the site from C-2, Shopping Center District to PCD to allow the redevelopment of this site with a multi-lot development containing a number of uses including a carwash, auto body shop, fast food restaurant and general retail and office uses. September 13, 2012 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-4470-H 2 A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The automobile dealership is relocation and the request is now to rezone the site from C-2, Shopping Center District to PCD, Planned Commercial Development, to allow the reuse of the site with mixed office and retail uses including an auto body and collision repair shop to be located within the existing service center location. The building will be fit with a new façade in the front and an addition will be constructed along the western façade to create an “L-shaped” building. The existing overhead doors for the auto service center will remain and will be used to access the auto body collision repair shop. The area behind the building will be screened so no inoperable vehicles will be seen by customers or from the abutting streets. B. EXISTING CONDITIONS: The site is an automobile sales lot located at the intersection of Chenal Parkway and Wellington Hills Road. There is undeveloped C-2, Shopping Center District zoned property located to the east of this site. Northeast is a multi-family development accessed from Chenal Parkway. North of the site is undeveloped O-1, Quiet Office District zoned property. Across Wellington Hills Road is a Walgreens, an Arby’s restaurant, Christian Brothers Auto Service and a Church. South of the site along Chenal Parkway is Musicmart, Windstream Offices, a branch bank and further west is the Kroger Shopping Center. 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 Villages at Wellington Property Owners Association, the Parkway Place Property Owners Association and the St. Charles 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. 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. September 13, 2012 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-4470-H 3 3. On site striping and signage plans should be forwarded to Public Works, Traffic Engineering for approval with the site development package. 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. Streetlights are required by Section 31-403 of the Little Rock code. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting/certificate of occupancy. Contact Traffic Engineering 379-1813 for more information. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer’s expense. Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and the Little Rock Fire Department is required. Contact Central Arkansas Water regarding the size and location of the water meter. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. Due to the nature of the facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) required 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 September 13, 2012 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-4470-H 4 installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for the project. A 39-inch raw water line crosses this site within a 50-foot wide easement on the north side of the property. Care must be taken to protect these water lines and any appurtenances, such as access and air release vaults, or monumentation which may be in the area. No signs, light poles, dumpster pads or other structures on foundations will be allowed within the existing 50-foot wide waterline easement. Paved parking and driveways are allowed. 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 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. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Chenal 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-2, Shopping Center District to PCD (Planned Commercial District) to allow for C-2, Shopping Center District uses and an auto body and collision repair shop. Master Street Plan: Chenal Parkway is a Principal Arterial and Wellington Hills Road is a Minor Arterial on the Master Street Plan. A Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within the urbanized area. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on both Chenal Parkway and Wellington Hills Road since they are both Arterials. These streets may require dedication of September 13, 2012 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-4470-H 5 right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There is a Class I, Bike Path, proposed along Chenal Parkway. 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. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. All on site paving, striping, landscaping, dumpster enclosures, fences, etc. must be in good condition or replaced/repaired in conjunction with this application. 3. This project is being reviewed as a whole; therefore, any new structures must include a landscape plan with the Seal of a Registered Landscape Architect and be fully, automatically irrigated. G. SUBDIVISION COMMITTEE COMMENT: (August 22, 2012) Mr. Larry Crain, Jr. was present representing the request. Staff presented the item stating there were a number of questions in need of addressing prior to the full Commission acting on the request. Staff also questioned all activities to take place on the site. Staff stated the site plan indicated a number of sign locations which did not comply with the Chenal Parkway DOD. Staff also stated Lot 1 appeared to be a branch bank and questioned if any alternative uses were being requested for the lot. Public Works comments were addressed. Staff stated streetlights were required along Chenal Parkway. Staff also stated any broken curb, gutter or sidewalk was to be repaired prior to the issuance of the certificate of occupancy. Staff stated all plans for work in the right of way were to be approved by Traffic Engineering prior to commencement of construction. Landscaping comments were addressed. Staff stated any new structures would require a landscape plan to be submitted in conjunction with the building permit application. Staff also stated all on site landscaping and dumpster enclosures were to be in good condition or replaced. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. September 13, 2012 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-4470-H 6 H. ANALYSIS: The applicant submitted a revised site plan and cover letter to staff addressing a number of the issues raised at the August 22, 2012, Subdivision Committee meeting. The applicant has indicated signage to comply with the typical standards of the Chenal Parkway DOD. The site plan indicates three (3) sign locations. There are two (2) sign locations on Chenal Parkway, one on each of the lots, both are indicated with a maximum height of 8-feet and a maximum sign area of 100-square feet. There is a ground sign located near the entrance drive from Wellington Hills Road. The sign is indicated 8-feet tall and 100-square feet in area. Building signage will be placed on each of the individual tenant facades. The maximum sign area per façade will not exceed ten (10) percent of the tenant’s façade. The request is to rezone the site from C-2, Shopping Center District to Planned Commercial Development (PCD) to allow the redevelopment of this existing automobile sales lot. The development is proposed with two (2) lots. Lot 1 is proposed containing 1.21 acres and Lot 2 containing 6.41 acres. The applicant has also indicated Lot 1 will be developed as either a branch bank or as a restaurant with drive-through service. The proposed uses for Lot 2, which contains the existing building, are the uses allowed in the C-2, Shopping Center Zoning District and the O-2, Office and Institutional Zoning District. The existing building will be renovated with the potential of adding an additional floor. The total square footage proposed is 12,500 to 25,000 square feet. The building is proposed as a mixed use building utilizing the C-2, Shopping Center Zoning District and the O-2, Office and Institutional Zoning District uses. A single story addition will be placed on the building north of the existing automobile sales building. The addition is proposed as 63-feet by 180-feet for a total of 11,340 square feet. Once again the uses proposed are the allowable uses within the C-2, Shopping Center Zoning District and the O-2, Office and Institutional Zoning District. A second addition is proposed along the eastern side of the existing auto service area. The addition is proposed as 80-feet by 120-feet for a total of 9,600 square feet. The addition is proposed as a single story addition. The uses proposed are uses as allowed in the C-2, Shopping Center Zoning District and the O-2, Office and Institutional Zoning District. The existing service area appears to contain 22,500 square feet. The site plan indicates an additional 11,500 square feet to be constructed in the future. The applicant has indicated a portion of the service area will continue to be used for September 13, 2012 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-4470-H 7 maintenance and service of vehicles. Within the remaining area and within the area proposed for the addition auto body and collision repair will be conducted. The applicant has indicated the existing vehicle drive and reception area will be used for both operations. All inoperable vehicles will be stored only in the area directly east of the auto service area and fully screened from adjacent property and from Chenal Parkway. Parking for Lot 2 would typically require the placement of 355 parking spaces if calculated at one (1) space per 225 square feet of gross floor area. The site plan indicates the placement of 302 parking spaces on proposed Lot 2. The area proposed for office and retail use includes a total of 45,940 square feet which would typically require a total of 204 parking spaces. The remaining 34,000 square feet is proposed for auto service and collision repair. Based on the use mix staff is supportive of the parking as proposed. An 8-foot architectural screen and security fence will be constructed along the northern and eastern perimeters of the auto body and collision repair parking area for security. To screen the area a mesh fabric will be installed. The applicant has indicated additional landscaping will be installed to create a more aesthetic screen. Staff has concerns with the placement of the mesh fabric for screening. Staff feels the applicant should provide a solid fence or provide an vegetative screen. The site is located within the Chenal Parkway Design Overlay District which regulates signage and overhead utilities. The applicant has indicated all utilities will be located underground as required per the DOD. As stated the signage will also comply with the typical Overlay standards. Staff is supportive of the requested rezoning but feels limits should be placed on the auto body and collision repair aspect of the development. There are to be no damaged vehicles located in the parking lot in front of the building. The front overhead door is to remain closed at all times, except when vehicles enter. The approval for the auto body repair and collision repair is limited to the ownership of Larry Crain, Jr. Otherwise to staff’s knowledge there are no remaining outstanding technical issues associated with the request. Staff feels the rezoning of the site to allow the redevelopment as proposed is appropriate. I. STAFF RECOMMENDATION: Staff recommends approval 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. September 13, 2012 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-4470-H 8 2. There are to be no damaged vehicles located in the parking lot in front of the building. 3. The front overhead door is to remain closed at all times, except when vehicles enter. 4. The approval for the auto body repair and collision repair is limited to the ownership of Larry Crain, Jr. 5. A solid fence or a vegetative screen is to be provided along the northern and eastern perimeters of the auto body and collision repair parking area. PLANNING COMMISSION ACTION: (SEPTEMBER 13, 2012) Mr. Larry Crain, Jr. was present representing the request. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to the following conditions: 1. Compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. 2. There are to be no damaged vehicles located in the parking lot in front of the building. 3. The front overhead door is to remain closed at all times, except when vehicles enter. 4. The approval for the auto body repair and collision repair is limited to the ownership of Larry Crain, Jr. 5. A solid fence or a vegetative screen is to be provided along the northern and eastern perimeters of the auto body and collision repair parking area. There was no further discussion of the item. The Chair entertained a motion for approval of the item on the Consent Agenda as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. September 13, 2012 ITEM NO.: 10 FILE NO.: Z-4565-D NAME: Lot 2 Kanis/Shackleford Revised Short-form PD-C LOCATION: Located at 10701 Kanis Road DEVELOPER: Oklahoma City Bakery, LLC Attn: Ronnie Hart 1624 E. 15th Street Tulsa, OK 74120 Walton Signage Jeanette Majek-Day 3419 E. Commerce Street San Antonio, TX 78220 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72201 AREA: 1.63 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: PD-C and O-3, General Office District ALLOWED USES: Panera Bread and Office uses PROPOSED ZONING: PD-C and O-3, General Office District PROPOSED USE: Signage for Panera Bread on Lot 1 owned by Bankcorp South VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: A final plat for Lots 1 and 2 of the Kanis/Shackleford Subdivision was filed for record on October 23, 2007. Included on the final plat was a sign easement for Lot 2 of the subdivision which was located on Lot 1 near the driveway entrance to the Bankcorp South Building from Shackleford Road. September 13, 2012 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-4565-D 2 On January 8, 2009, the Little Rock Planning Commission withdrew a request to allow the rezoning of 1.63 acre (Lot 2) from O-3, General Office District to PCD. The approval also would have allowed the creation of two (2) lots one being a lot without public street frontage. Lot 2A was proposed with the development of a 2,900 square foot restaurant. Lot 2B was proposed for future development as an office use. A variance from the minimum driveway spacing requirement was proposed to allow a “right out” only driveway on Kanis Road. On October 5, 2009, the Little Rock Planning Commission approved a request to rezone this 1.63 acres (Lot 2) from O-3, General Office District to PCD to allow construction of a hotel. Fairfield Inn and Suite Hotel, which is a division of Marriot Hotels, proposed the construction of a three (3) story 80-room facility. The hotel was proposed with a covered canopy facing to the west and a two (2) story parking deck adjacent to Kanis Road. At the request of the applicant the item was not forwarded to the Board of Directors for final action. Ordinance No. 20,471 adopted by the Little Rock Board of Directors on September 20, 2011, rezoned Lot 2 from O-3, General Office District to PD-C to allow the construction of a Panera Bread restaurant with drive-thru service. The building contained 4,400 square feet with approximately 68 parking spaces. Hours of operation were from 6:00 am to 9:00 pm Monday thru Saturday and 7:00 am to 8:00 pm on Sunday. The request included the placement of a pylon sign 36-feet in height and 160 square feet in area at the northwest corner of the property along Kanis Road. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: As noted with the filing of the final plat for Lot 1 Kanis/Shackleford Addition a sign easement for Lot 2 was provided on Lot 1 adjacent to Shackleford Road. The easement is located adjacent to the drive extending from Shackleford Road serving Bankcorp South. Each of the lots share access drives from both Shackleford and Kanis Roads. The current request is to amend the approved PD-C for Panera Bread to allow the placement of the sign to serve Lot 2 within the sign easement located on Lot 1. The sign is proposed with a maximum height of six (6) feet and a maximum sign area of 64 square feet. B. EXISTING CONDITIONS: Kanis Road adjacent to the site has been constructed to Master Street Plan standard. The sidewalk is in place along the property frontage. The building is currently under construction. To the east are single-family homes fronting Kaufman Road. There are a number of zoning classifications within the area. The property to the west, is zoned PD-C and is currently under construction for a September 13, 2012 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-4565-D 3 Dunkin Donuts. The property located to the south, fronting South Shackleford Road, containing hotels, restaurant uses and the Heart Hospital. Across South Shackleford Road is property zoned PCD, O-3, General Office District, C-2, Shopping Center District and C-3, General Commercial District which has developed with a number of uses including a convenience store, hotels, automobile dealerships and general office uses. North of the site is a large insurance company office complex, Arkansas Farm Bureau, and a daycare facility, Kidco. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents. All property owners located within 200-feet of the site and the John Barrow Neighborhood Association were notified of the public hearing. D. SUBDIVISION COMMITTEE COMMENT: (August 22, 2012) The applicant was not present. Staff stated there were no outstanding technical issues associated with the request. Staff stated Panera Bread was seeking approval to place a ground sign on the Bankcorp South property within a previously approved sign easement. Staff stated the sign would comply with the height and area allowed in office zones. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. E. ANALYSIS: There were no outstanding technical issues associated with the request in need of addressing raised at the August 22, 2012, Subdivision Committee meeting. Panera Bread has started construction on their new building which is located on Lot 2 of the Kanis/Shackleford Addition. There are two (2) lots in this subdivision and at the time of final platting cross access from Shackleford Road was provided to Lot 2 and a sign easement was also provided on Lot 1 to serve Lot 2. The sign easement was located at the driveway entrance from Shackleford Road which allowed Lot 2 an identification sign on Shackleford Road. With the current request the applicant is seeking to amend the previously approved PCD for Panera Bread to allow the placement of the sign on Lot 1 within the approved easement. The sign is proposed six (6) feet in height and 64 square feet in area. Lot 1 is zoned O-3, General Office District which typically allows signage as proposed with the current request. The site plan as approved allows for the placement of a pole sign on Kanis Road with a maximum height of 36-feet and a maximum sign area of 160 square feet. September 13, 2012 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-4565-D 4 The applicant was unaware of the approval process required when filing the original PCD request and is now seeking to amend the approval to allow for the placement of this second sign. Staff is supportive of the request. Staff does not feel the placement of an identification sign consistent with signage allowed in office zones on Shackleford Road near the driveway accessing the new development and within the sign easement will have a significant impact. F. STAFF RECOMMENDATION: Staff recommends approval of the request to allow the placement of a sign six (6) feet in height with a total sign area not to exceed 64 square feet on Shackleford Road on the Bankcorp South property (Lot 1) to serve Panera Bread (Lot 2). PLANNING COMMISSION ACTION: (SEPTEMBER 13, 2012) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request to allow the placement of a sign six (6) feet in height with a total sign area not to exceed 64 square feet on Shackleford Road on the Bankcorp South property (Lot 1) to serve Panera Bread (Lot 2). There was no further discussion of the item. The Chair entertained a motion for approval of the item on the Consent Agenda as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. September 13, 2012 ITEM NO.: 11 FILE NO.: Z-4923-K NAME: Shackleford Crossing Revised Long-form PCD LOCATION: Located on Shackleford Road at I-430 DEVELOPER: Connected Development Services 2525 McKinnon Street, Suite 700 Dallas, TX 75201 ENGINEER: Development Consultants, Inc 2200 N. Rodney Parham Road, Suite 220 Little Rock, AR 72212 AREA: 98.40 acres NUMBER OF LOTS: 18 lots & Tracts FT. NEW STREET: 0 LF CURRENT ZONING: PCD ALLOWED USES: C-2, Shopping Center District, O-2, Office and Institutional and the Conditional Uses allowed in the O-2, Office and Institutional Zoning District PROPOSED ZONING: Revised PCD PROPOSED USE: Modify the approved signage plan VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: The Little Rock Board of Directors adopted Ordinance No. 19,237 on November 23, 2004, approving a Conceptual PCD known as Shackleford Crossing Long-form PCD, which was located at the southwest corner of South Shackleford Road and Interstate 430. The conceptual plan included the north 62 acres being developed with C-2, Shopping Center District permitted uses, the south 20 acres being O-2, Office and Institutional District permitted uses and the middle 15 acres being a transition area where O-2, Office and Institutional District and C-2, Shopping Center District permitted uses would be allowed. The plan also showed four (4) out parcels along the Shackleford Road frontage, with three (3) main entry drives from Shackleford Road. The total project would consist of 1,000,000 square feet of gross building area. September 13, 2012 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-4923-K 2 Ordinance No. 19,399 adopted by the Little Rock Board of Directors on September 20, 2005, established revisions to the previously approved PCD. The approval defined the site plan for Phase I, the commercial portion of the project and one (1) of the office lots. With the request, a preliminary plat for the subdivision of the site with sixteen (16) lots and out-parcels was also approved. The approved site plan included an area previously excluded containing the Comcast office tract on Shackleford Road and incorporated the area into the overall project plan. All the conditions that were a part of the approved Conceptual PCD were incorporated into the submittal with one (1) revision. The one (1) change requested from the prior conditions was to increase the allowable restaurant square footage and place a minimum parking ratio requirement for restaurants on the site as imposed by the developer. Ordinance No. 19,699 adopted by the Little Rock Board of Directors on February 20, 2007, revised the PCD to clarify the signage plan, allow dock doors to be oriented to Shackleford Road and add food store as an allowable use for the site. On May 8, 2008, the Little Rock Planning Commission recommended approval of a request to allow a revision to the previously approved PCD for a 2.2-acre parcel located near the southeastern portion of the site immediately south of the proposed Wal-Mart retail store. The approval allowed for development of a four (4) story 92 room hotel with paved drives and parking. The hotel was not proposed with any amenities such as conference rooms, a restaurant or a bar. The approval allowed building signage on three facades of the building and a ground sign with a maximum height of thirty-six (36) feet and a maximum sign area of one hundred sixty (160) square feet. The Board of Directors approved the request on June 3, 2008, by the adoption of Ordinance No. 19,980. On July 15, 2008, the Little Rock Board of Directors approved a revision to the PCD by the adoption of Ordinance No. 19,994 to clarify and amend some of the language in the conditions. The modifications include the addition of Conditional Uses in the O-2, Office and Institutional Zoning District to the allowable uses for the office portion of the development and to increase the amount of restaurant square footage approved for the development. The revision allowed 55,000 square feet of restaurant space on the out parcels and a maximum of 80,000 square feet within the overall development. The approval also allowed a hotel on Lot 11 which is located near the southwest corner of the site. The hotel was indicated with a maximum of four (4) stories and 87 rooms. The hotel would not have a restaurant or bar associated with it but a 1,200 square foot meeting room was proposed. The approval allowed building signage on three facades of the building and a ground sign with a maximum height of thirty-six (36) feet and a maximum sign area of one hundred sixty (160) square feet. September 13, 2012 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-4923-K 3 On January 8, 2009, the Little Rock Planning Commission denied a request by Cracker Barrel to allow the placement of temporary storage modules within the rear parking area of the restaurant to serve as temporary inventory storage for seasonal sales. The denial was not appealed to the Board of Directors for reconsideration. On February 25, 2010, the Little Rock Planning Commission was to hear a request to allow the development of Lot 7B (an out-parcel located on South Shackleford Road) with a four (4) story hotel containing 84 rooms. The applicant withdrew the item prior to the Commission hearing the request. Ordinance No. 20,282 adopted by the Little Rock Board of Directors on June 15, 2010, allowed a revision to the PCD to allow the construction of a four (4) story hotel containing 72 guest rooms on a 1.8 acre lot within Shackleford Crossing Subdivision. The development was proposed containing 80 parking spaces. The hotel was proposed as a LaQuinta Inn and Suites. The hotel was proposed with a meeting facility and indoor pool area but did not include a full service restaurant or bar. Ordinance No. 20,425 adopted by the Little Rock Board of Directors on April 19, 2011, allowed a revision to the PCD by splitting Lot 4B into Lots 4B-R2 (+/- 0.81 acres) and 4D (+/- 1.0 acres). The approval allowed a express tunnel carwash to be developed on Lot 4B-R2. The carwash has been constructed. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is now proposing to modify the approved signage plan for the two (2) existing ground signs; one located on South Shackleford Road and the second adjacent to I-430. The height nor the width of the existing signs will change. The signs are currently 35-feet tall with a signage area of 340 square feet. The proposal is to add additional panels to the lower portion of the sign which is currently open. The additional space will add up to eight (8) panels on each pylon sign. Each panel is two (2) to three (3) feet tall and ten (10) feet wide. The maximum additional sign area proposed is 240 square feet. B. EXISTING CONDITIONS: The shopping center has developed with a mix of retail uses including a Wal-Mart store located near the southern portion of the commercial development. Comcast is located within the development and three hotels have been constructed within the office portion of the development Along Shackleford Road there are three (3) restaurants located on out-parcels. Other uses in the area include Camp Aldersgate, a vacant property to the southeast approved as a PCD for a mixed use development containing residential, office and retail uses. September 13, 2012 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-4923-K 4 C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a letter of support for the request from Camp Aldersgate. All property owners located within 200-feet of the site and the John Barrow Neighborhood Association were notified of the public hearing. D. SUBDIVISION COMMITTEE COMMENT: (August 22, 2012) The applicant was not present. Staff stated there were no outstanding technical issues associated with the request. Staff stated the applicant was seeking to revise the previously approved signage plan for the shopping center. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. E. ANALYSIS: There were no outstanding technical issues associated with the request in need of addressing raised at the August 22, 2012, Subdivision Committee meeting. The request is to modify the approved signage plan for the two (2) existing ground signs located within the development. One of the signs is located on South Shackleford Road and the second is located adjacent to I-430. The signs are currently 35-feet tall with a signage area of 340 square feet. The height will not change. The proposal is to add additional panels to the lower portion of the sign which are currently open. The additional space will add up to eight (8) panels on each of the pylon signs. Each panel is two (2) to three (3) feet tall and ten (10) feet wide. The maximum additional sign area proposed is 240 square feet. There are no other changes proposed to the previously approved signage plan at this time. Staff is supportive of the request. The sign structures are existing and neither the height nor width will change. The applicant is proposing to increase the allowable sign area by placing additional sign panels within the lower portion of the existing signs. Staff is supportive of the request. Staff does not feel the additional 240 square feet of sign area will impact the overall development. F. STAFF RECOMMENDATION: Staff recommends approval of the request to allow the addition of sign panels within the lower portion of the existing ground signs located within the shopping center. The maximum sign area to be added is 240 gross square feet for each of the two signs. September 13, 2012 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-4923-K 5 PLANNING COMMISSION ACTION: (SEPTEMBER 13, 2012) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request to allow the addition of sign panels within the lower portion of the existing ground signs located within the shopping center. The maximum sign area to be added is 240 gross square feet for each of the two signs. There was no further discussion of the item. The Chair entertained a motion for approval of the item on the Consent Agenda as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. September 13, 2012 ITEM NO.: 12 FILE NO.: Z-6318-D NAME: Chenal Market Place Revised Long-form PCD LOCATION: Located South of Chenal Parkway between Kanis and Kirk Roads DEVELOPER: Whisenhunt Investments 1701 Centerview Drive, Suite 102 Little Rock, AR 72211 ENGINEER: Development Consultants Inc. 2200 North Rodney Parham Road Suite 220 Little Rock, AR 72212 AREA: 25.81 acres NUMBER OF LOTS: 2 platted lots & 2 tracts FT. NEW STREET: 0 LF CURRENT ZONING: PCD ALLOWED USES: C-2, Shopping Center District uses PROPOSED ZONING: Revised PCD PROPOSED USE: C-2, Shopping Center District uses VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: On August 19, 1997, the Little Rock Board of Directors adopted Ordinance No. 17,556 establishing Dairyland Long-form PCD. The property was approved for a mixed use development containing three Phases. Phase I was to include a 76,560 square foot Kroger Store, 9,000 square feet of retail/restaurant, 646 parking spaces and Lease Parcel 1. Phase II was to contain 35,000 square feet of retail and Phase III was to contain 90,000 square feet of retail, 306 parking spaces and Lease Parcels 2 and 3. Phase I was to begin development upon approval and Phases II and III were to begin construction within a three year time period. No specific proposal was submitted for approval for the three Lease Parcels. The applicant indicated approval would be obtained at the time of development. September 13, 2012 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-6318-D 2 Ordinance No. 18,868 adopted by the Little Rock Board of Directors on November 17, 1988, revised the previously approved site plan for Dairyland Long-form PCD. The revision included moving the approved phase line to include Lease Parcel 2 and add 12 parking spaces. The revision also included the construction of the drive along the south side of Lease Parcel 2. The applicant submitted a site plan for Lease Parcel 2 for approval. The site plan included the construction of a 4,200 square foot bank building with 29 parking spaces. Phase I has been constructed. No construction has begun on Phases II and III. Ordinance No. 19,332 adopted by the Little Rock Board of Directors on May 17, 2005, revised the previously approved PCD to allow twelve of the existing parking spaces to be used as seasonal outdoor display. From March to September the approval allowed Kroger to display lawn furniture, bar-b-que grills and miscellaneous outdoor equipment in their parking lot. The displayed items would be barricaded to prevent customers from parking in the display area and creating traffic conflicts. Ordinance No. 20,031 adopted by the Little Rock Board of Directors on October 14, 2008, allowed a revision to the previously approved site plan. The developers were allowed a new 119,240 square foot Kroger store that would fill out the western end of the shopping center area. The former Kroger store (64,753 square feet) would be adapted for a new user, or multiple users, after the new store was completed and occupied. An addition to the eastern building containing 10,150 square feet was also proposed. A fuel service canopy was located at the east side of the western Chenal entry drive; and, Kroger requested the continued right to have a limited amount of seasonal outdoor display in shopping center parking areas. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The site has a history of PCD approvals under the name of Dairyland Shopping Center. The last revision was to approve a change of use to allow all C-2, Shopping Center District uses for the entire PCD area, the new Kroger store, a new Kroger fuel center, and to amend the access drives on the eastern side of the site. All of these proposed improvements have been completed, accepted and are operating at this time. All required right of way dedications, street, intersection and signal improvements are also completed and accepted. The current proposal is to amend the site development plan for the two (2) vacant parcels at the intersection corners. The northwest corner is proposed with a combination retail and restaurant building and drive-through service and associated parking improvements. The building is indicated with 6,573 square feet of gross floor area. A maximum restaurant area of 3,200 square feet and an September 13, 2012 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-6318-D 3 outdoor dining of 250 square feet is noted on the plan. There are 50 parking spaces indicated on this lot. The northeast corner is indicated with a large free standing restaurant and a smaller retail building. The restaurant building is indicated with 7,600 square feet, 768 square feet of outdoor dining and 111 parking spaces on Lease Parcel 1. The retail building contains 3,000 square feet along with 33 parking spaces located on Lease Parcel 2. B. EXISTING CONDITIONS: All the previously approved development has occurred. Within the site is Kroger, a fitness center, a dress shop and vacant commercial lease space. Around the perimeter of the site there is a bank facility and Kroger fueling center. The areas proposed for the revision are cleared and vacant. There is a traffic signal located at the intersection with Chenal Parkway and Kanis Road and at Chenal Parkway and Kirk Road. All boundary street improvements have been completed to the abutting streets. There is undeveloped conceptual PCD located to the west of the site on a former golf driving range. A convenience store, automobile dealership and church are among the uses across Chenal Parkway to the north. Across Kanis Road to the east there is a office building and a branch bank. 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 Coalition of West Little Rock Neighborhoods, the Villages at Wellington Property Owners Association, the Parkway Place Property Owners Association and the St. Charles 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. Sidewalks with appropriate handicap ramps are required to be installed on the south side of the Kanis Road driveway in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. 3. Appropriate handicap ramps are required to be installed on the north side of the Kanis Road driveway in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. September 13, 2012 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-6318-D 4 E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: A 30-foot overhead or a 10-foot underground easement is required around the perimeter of the proposed out-parcels. Contact Entergy for additional information. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: A Capital Investment Charge is applicable to all new connections off the waterlines along Chenal Parkway and Kanis Road. All Central Arkansas Water requirements in effect at the time of request for water service must be met. A water main extension will be needed to provide water service to this property. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) are required. If additional fire hydrant(s) are required, they will be installed at the Developer’s expense. Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. Contact Central Arkansas Water regarding the size and location of the water meter. A Capital Investment Charge based on the size of meter connections(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. 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 September 13, 2012 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-6318-D 5 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 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 site is not located on a dedicated CATA Bus Route. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Ellis Mountain Planning District. The Land Use Plan shows 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 revision to the existing PCD (Planned Commercial District) to approve actual footprints for building sites on the northern corners. The approved uses of the PCD include the C-2, Shopping Center District uses. There is no use change issue with this application. Master Street Plan: Chenal Parkway is a Principal Arterial and Kirk Road is a Collector 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 Collector Street is to provide a connection from Local Streets to Arterials. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Chenal Parkway since it is an Arterial. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There is a Class I, Bike Path, proposed along Chenal Parkway. 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. September 13, 2012 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-6318-D 6 Landscape: 1. The street buffers and areas set aside for landscaping appear to comply with previous site plan approvals. 2. This development is being reviewed as a whole; therefore, all the outparcels must be automatically irrigated and include a landscape plan that has the Seal of a Registered Landscape Architect. G. SUBDIVISION COMMITTEE COMMENT: (August 22, 2012) Mr. Robert Brown of Development Consultants, Inc. was present representing the request. Staff presented the item stating there were few outstanding technical issues associated with the request. Staff stated all site lighting was to be directional and directed into the site. Staff stated the sign locations were approved with the originally approved PCD. Public Works comments were addressed. Staff stated any broken curb, gutter or sidewalk was to be repaired prior to the issuance of the certificate of occupancy. Staff also stated appropriate handicap ramps were required to be installed on the north side of the Kanis Road driveway. Landscaping comments were addressed. Mr. Brown stated he would work with staff to address their concerns related to the perimeter landscape strip. He noted the site was developed prior to the current landscape ordinance and accommodations had been given to the development in previous request since the original approval established the perimeter landscape strips. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: No revisions to the site plan were required based on comments raised at the August 22, 2012, Subdivision Committee meeting. The applicant has indicated all appropriate handicap access will be installed on the perimeter of the site. Staff has also met with the applicant concerning the previous landscape comments and concur with the landscape strips as proposed by the applicant on the site plan. September 13, 2012 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-6318-D 7 The request is a revision to the previously approved site plan to define the building envelopes, parking areas and landscape strips for the previously identified Lease Parcels 1 and 2 located at the intersection of Kanis Road and Chenal Parkway and on Lot 1 which is located at the intersection of Kirk Road and Chenal Parkway. Lot 1 is indicated with a single building containing 6,573 square feet and 50 parking spaces. The site plan indicates a maximum of 3,200 square feet of restaurant space and an additional 250 square feet of outdoor dining. The remaining area will be leased to tenants as allowed in the C-2, Shopping Center Zoning District. The building coverage proposed is 13.05 percent. Parking for the lot based on the proposed uses of the building would typically require the placement of 34 parking spaces to serve the restaurant use and 11 parking spaces would typically be required to serve the retail uses. The 50 parking spaces are more than adequate to serve the proposed uses of Lot 1. The site plan indicates the placement of two (2) signs to serve Lot 1. The first is located on Kirk Road near the entrance to the shopping center. The sign is proposed six (6) feet in height and 60 square feet in area. The second is proposed on Chenal Parkway within the front yard landscape area. The sign is also proposed as six (6) feet in height and 60 square feet in area. Building signage will comply with signage allowed in commercial zones. The lease parcel area of the site plan is indicated with two (2) lease parcels with a building located on each of the lease parcels. The building on Lease Parcel 1 is indicated containing 7,600 square feet and 111 parking spaces. The proposed use of the building is a restaurant. A note on the site plan indicates there will be an additional 768 square feet of outdoor seating. The building indicated for Lease Parcel 2 contains 3,000 square feet and 33 parking spaces. The proposed use of the building are the uses as allowed in the C-2, Shopping Center Zoning District. Parking for Lease Parcel 1, a proposed restaurant containing 8,368 square feet, would typically require the placement of 83 on-site parking spaces. The site plan indicates a total of 111 parking spaces on Lease Parcel 1 which is more than adequate to serve the restaurant use. Parking for Lease Parcel 2 containing a 3,000 square foot retail uses would typically require the placement of 10 on-site parking spaces. The site plan includes 11 parking spaces. The site plan indicates the placement of a ground sign six (6) feet in height and 60 square feet in area to serve Lease Parcel 1 located within the front yard landscape strip on Chenal Parkway. A ground sign to serve Lease Parcel 2 is September 13, 2012 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-6318-D 8 indicated along Kanis Road within the front yard landscape strip. The sign is proposed six (6) feet in height and 60 square feet in area. Building signage for each of the buildings will comply with signage typically allowed in commercial zones. Staff is supportive of the request. To staff’s knowledge there are no remaining outstanding technical issues associated with the request. Staff feels the development plan as proposed for the remaining lot and two (2) lease parcels 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: (SEPTEMBER 13, 2012) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. There was no further discussion of the item. The Chair entertained a motion for approval of the item on the Consent Agenda as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. September 13, 2012 ITEM NO.: 13 FILE NO.: Z-6323-Q NAME: Lot 7 the Village at Rahling Road Long-form PCD Time Extension LOCATION: Located on the Southeast corner of Rahling Road and Chenal Parkway DEVELOPER: Deltic Timber Corporation #7 Chenal Club Boulevard Little Rock, AR 72223 ENGINEER: White-Daters and Associates #24 Rahling Circle Little Rock, AR 72223 AREA: 1.7 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: PCD ALLOWED USES: C-2, Shopping Center District Uses PROPOSED ZONING: PCD – Time Extension PROPOSED USE: C-2, Shopping Center District Uses VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: On August 5, 1997, the Board of Directors adopted Ordinance No. 17,542 which established The Village at Rahling Road Long-form PCD. The PCD established a 14-lot development with C-2, Shopping Center District uses being permitted. The initial action approved a site plan for Lots 1 and 2 of the development with the intent being that each of the remaining lots would be brought to the Commission and Board of Directors for a revision to the PCD on an individual lot basis as a particular development was proposed. Ordinance No. 20, 191 adopted by the Little Rock Board of Directors on November 17, 2009, approved a site plan for Lot 7 of the Village at Rahling Road development. The project contained approximately 1.7 acres located near the southeast corner of Rahling September 13, 2012 SUBDIVISION ITEM NO.: 13 (Cont.) FILE NO.: Z-6323-Q 2 Road and Chenal Parkway. The proposal was to construct a small strip center utilizing C-2, Shopping Center District uses as allowable uses. The site plan included the placement of an outdoor deck for dining. The building contained 16,140 square feet and the deck contained 1,760 square feet. A total of 77 parking spaces were indicated on the site plan. The approval allowed a new drive from Rahling Circle to Chenal Parkway. The drive was proposed with 36-feet of pavement and connected to Chenal Parkway at the existing traffic signal serving the Promenade at Chenal Shopping Center. As a part of the PCD request the developers requested to remove from the originally approved PCD the requirement that all buildings were to be constructed within 13 feet of the back of curb of the loop street for the remaining undeveloped lots. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is now requesting approval by the Planning Commission of a time extension for implementation of the previously approved PCD. 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. Requests for extensions of time shall be submitted in writing to the Planning Commission, which may grant one (1) extension of not more than two years. Time extensions shall be applied for by formal written request not less than ninety days prior to the first expiration date. Failure of the applicant to file a timely extension shall be cause for revocation of the PUD as provided in the ordinance. According to the developer construction cannot begin as previously anticipated and within the three years as required by the minimum ordinance standards. As a result, the applicant requests the Commission allow a two-year time extension of the previously approved Planned Zoning Development. B. EXISTING CONDITIONS: The site is a cleared flat site with street improvements in place. The property was cleared and graded with initial development of the conceptual PCD for the Village at Rahling Road. Access to the lot proposed for development is via Rahling Circle, off of Rahling Road. Smaller office buildings are located adjacent to the site proposed for development situated around Rahling Circle. There is a larger building located near Rahling Road constructed as a multiuse building through the original approval of the PCD. The Promenade at Chenal, a new shopping mall, has recently been constructed across Chenal Parkway. September 13, 2012 SUBDIVISION ITEM NO.: 13 (Cont.) FILE NO.: Z-6323-Q 3 Rahling Circle has been constructed as a private drive. There are sidewalks in place along the property frontage. Chenal Parkway is constructed as a four lane median divided roadway. There are no sidewalks in place along the frontage of this property on the parkway. There is a traffic light located at Chenal Parkway and the proposed new drive extending from Rahling Circle. 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 Coalition of West Little Rock Neighborhoods were notified of the public hearing. D. SUBDIVISION COMMITTEE COMMENT: (August 22, 2012) Mr. Tim Daters of White-Daters and Associates was present representing the request. Staff stated the request was to allow additional time for development of the previously approved PCD. Staff noted there had been no change to the area since the original approval. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. E. STAFF RECOMMENDATION: Staff recommends approval of the request for a two-year time extension for the proposed development subject to compliance with all previously approved comments and conditions. PLANNING COMMISSION ACTION: (SEPTEMBER 13, 2012) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the requested two-year time extension for the proposed development subject to compliance with all previously approved comments and conditions. There was no further discussion of the item. The Chair entertained a motion for approval of the item on the Consent Agenda as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. September 13, 2012 ITEM NO.: 14 FILE NO.: Z-7723-C NAME: Ford Properties Homes, LLC Short-form PCD LOCATION: Located at 1115 Jefferson Street DEVELOPER: Chris Ford Ford Properties Homes, LLC P.O. Box 1142 Benton, AR 72205 ENGINEER: Blaylock-Threet Engineers, Inc. 1501 Market Street Little Rock, AR 72211 AREA: 0.32 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: PCD ALLOWED USES: Church and C-3 uses PROPOSED ZONING: PCD PROPOSED USE: Office/warehouse and general and professional office VARIANCES/WAIVERS REQUESTED: None requested. The applicant failed to respond to comments raised at the August 22, 2012, Subdivision Committee meeting. Staff recommends deferral of this item to the October 25, 2012, public hearing. PLANNING COMMISSION ACTION: (SEPTEMBER 13, 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 August 22, 2012, Subdivision Committee meeting. Staff presented a recommendation of deferral of the item to the October 25, 2012, public hearing. September 13, 2012 SUBDIVISION ITEM NO.: 14 (Cont.) FILE NO.: Z-7723-C 2 There was no further discussion of the item. The Chair entertained a motion for approval of the item on the Consent Agenda as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. September 13, 2012 ITEM NO.: 15 FILE NO.: Z-7920-C NAME: Lot 1 Baker Addition Long-form PCD Time Extension LOCATION: Located at 17410 Kanis Road DEVELOPER: DOB Enterprises 19 Sologne Circle Little Rock, AR 72223 ENGINEER: McGetrick and McGetrick Engineers 10 Otter Creek Circle, Suite A Little Rock, AR 72210 AREA: 7.89 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: PCD and R-2, Single-family ALLOWED USES: Retail – Mini-warehouse and Single-family PROPOSED ZONING: PCD PROPOSED USE: Retail and Mini-warehouse VARIANCES/WAIVERS REQUESTED: A variance from the Land Alteration Ordinance to allow grading of the entire site with the construction of one or more buildings. BACKGROUND: The Little Rock Planning Commission denied a request to rezone a portion of this site from R-2, Single-family to PCD at their September 29, 2005, public hearing. The denial was appealed to the Little Rock Board of Directors and was heard at their December 20, 2005, public hearing. Ordinance No. 19,461 adopted by the Little Rock Board of Directors on December 20, 2005, rezoned the western portion of the site from R-2, Single-family to PCD to allow construction of a strip center containing 27,300 square feet with C-3, General Commercial District uses as allowable uses and a six (6) building mini-warehouse development containing 47,100 square feet. September 13, 2012 SUBDIVISION ITEM NO.: 15 (Cont.) FILE NO.: Z-7920-C 2 Ordinance No. 20,210 adopted by the Little Rock Board of Directors on January 19, 2010, allowed a modification to the previously approved site plan. The new site plan indicated the construction of 46,500 square feet of commercial retail space with C-3, General Commercial District uses as allowable uses and a mini-warehouse development with 18,100 square feet of unconditioned space and 29,800 square feet of conditioned storage space. A 2,400 square foot office to serve the center was indicated on the site plan. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is now requesting approval by the Planning Commission of a time extension for implementation of the previously approved PCD. 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. Requests for extensions of time shall be submitted in writing to the Planning Commission, which may grant one (1) extension of not more than two years. Time extensions shall be applied for by formal written request not less than ninety days prior to the first expiration date. Failure of the applicant to file a timely extension shall be cause for revocation of the PUD as provided in the ordinance. According to the developer construction cannot begin as previously anticipated and within the three years as required by the minimum ordinance standards. As a result, the applicant requests the Commission allow a two-year time extension of the previously approved Planned Zoning Development. B. EXISTING CONDITIONS: There are a few commercial uses located in the area which were existing prior to the City taking in this area for Extraterritorial Zoning and are still zoned R-2, Single-family with a non-conforming status. There are a number of residential structures located on the site proposed for development but for the most part the site is yard area for these homes. There is a utility substation located to the east of the site and residential zoned and used property to the west. There is a pet boarding facility located one parcel removed to the west on AF zoned property. South of the site is residentially zoned and used property. The property to the north was recently rezoned to POD to allow future development by St. Vincent’s as a health care village. Kanis Road is a narrow unimproved street with open ditches for drainage. September 13, 2012 SUBDIVISION ITEM NO.: 15 (Cont.) FILE NO.: Z-7920-C 3 C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents. There is not a registered neighborhood association located in this area. G. SUBDIVISION COMMITTEE COMMENT: (August 22, 2012) The applicant was not present. Staff stated the request was a time extension to allow completion of the currently approved PCD. Staff stated there were no significant changes in the area which would deem the extension inappropriate. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. I. STAFF RECOMMENDATION: Staff recommends approval of the request for a two-year time extension for the proposed development subject to compliance with all previously approved comments and conditions. PLANNING COMMISSION ACTION: (SEPTEMBER 13, 2012) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the requested two-year time extension for the proposed development subject to compliance with all previously approved comments and conditions. There was no further discussion of the item. The Chair entertained a motion for approval of the item on the Consent Agenda as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. September 13, 2012 ITEM NO.: 16 FILE NO.: Z-8364-C NAME: Hilton Garden Inn Short-form PCD LOCATION: Located at 10914 Kanis Road DEVELOPER: Yogiju, Inc. 14 Caddo Court Maumelle, AR ENGINEER: Grayrock Consulting Company 5204 Village Parkway, Suite #11 Rogers, AR 72758 AREA: 3.728 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: C-3, General Commercial District ALLOWED USES: General Commercial PROPOSED ZONING: PCD PROPOSED USE: C-3, General Commercial District – Hotel Height VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: On May 24, 2010, the Little Rock Zoning Board of Adjustment approved a height variance for this project. A building height of approximately 52 feet (4-floors) was approved. The applicant has since obtained a building permit for the hotel project. On July 30, 2012, the Little Rock Zoning Board of Adjustment denied a request to amend the previously approved building height variance request. The applicant determined that an additional floor was needed for the proposed hotel building resulting in a five (5) story structure. The overall height of the hotel building was proposed at approximately 61-feet, as measured from the lowest finished floor to the main level between the eaves and ridge of the sloped roof. September 13, 2012 SUBDIVISION ITEM NO.: 16 (Cont.) FILE NO.: Z-8364-C 2 A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is now requesting a rezoning of the site to PCD to allow the five (5) story hotel. Section 36-301(d) allows a maximum building height of 35-feet for the C-3, General Commercial Zoning District. The applicant’s hotel is proposed at 61-feet. Section 36-460(f) – Development standards, conditions and review guidelines for the Planned Zoning Developments, Building height: states there shall be no maximum building height except as may be determined by the Planned Commission during the review of the preliminary development plan based on the uses within the development and the proximity of the development to existing or prospective development on adjacent properties. The proposal is to redevelop the property and construct a new hotel facility. The proposed hotel building will be located within the west half of the property, with parking on its east and south sides. A driveway at the southwest corner of the property will serve as access to the site. The hotel will consist of 76,083 square feet of building area on five (5) floors. There are 135 guest rooms proposed. A total of 148 parking spaces will be installed. B. EXISTING CONDITIONS: The C-3, General Commercial District zoned property at 10914 Kanis Road contains a vacant single-family residential structure within the south half of the property. The property is located on the north side of Kanis Road, approximately 400 feet west of Shackleford Road. A gravel driveway from Kanis Road serves as access to the property. There is a vacant metal garage structure located on the north side of the residential structure. Gravel parking is located in the rear yard area. The majority of the property is undeveloped and wooded. There is a narrow paved (no curb and gutter) roadway along the west property boundary which ends near the northwest corner of the property. The property slopes downward from front to back (south to north). The property is at a lower level than most of the surrounding properties. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents. All property owners located within 200-feet of the site and the John Barrow Neighborhood Association were notified of the public hearing. September 13, 2012 SUBDIVISION ITEM NO.: 16 (Cont.) FILE NO.: Z-8364-C 3 D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Dedicate additional access easement on the west side of the property to 30 feet from centerline of the easement along the entire frontage of the applicant’s property. 2. With site development, provide the design of street within the access easement conforming to the Master Street Plan. Construct one-half street improvement to this street including 5-foot sidewalk with the planned development. The new back of curb should be 15.5-feet from centerline. At least 20-feet of pavement must be provided. 3. The street within the access easement must intersect Kanis Road at a 90 degree angle. 4. 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. 5. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to Kanis Road including 5-foot sidewalk with the planned development. The new back of curb should be placed 29.5-feet from centerline. 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. Provide a Sketch Grading and Drainage Plan as required by Section 29-186(e). 8. Stormwater detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. 9. 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 Hebner). 10. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The width of the driveway must not exceed 36-feet. 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. All driveways shall be concrete aprons per City Ordinance. September 13, 2012 SUBDIVISION ITEM NO.: 16 (Cont.) FILE NO.: Z-8364-C 4 13. Street Improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. 14. On site striping and signage plans should be forwarded to Public Works, Traffic Engineering for approval with the site development package. 15. Streetlights are required by Section 31-403 of the Little Rock code. Provide plans for approval to Traffic Engineering. Streetlights must be installed along the access easement and Kanis Road prior to platting/certificate of occupancy. Contact Traffic Engineering 379-1813 for additional information. 16. Street names and street naming conventions for the street within the access easement must be approved by Public Works. Contact David Hathcock at 371-4808. 17. Vegetation must be established on disturbed area within 21 days of completion of harvest activities. 18. Erosion controls must be installed to reduce discharge of polluted stormwater. 19. Provide a letter prepared by a registered engineer certifying the sight distance at the intersections comply with 2004 AASHTO Green Book standard. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Capacity contribution analysis and fee required prior to connection to Little Rock Wastewater System. Contact Little Rock Wastewater for additional details and information. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. A water main extension will be needed to provide water service to this property. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) September 13, 2012 SUBDIVISION ITEM NO.: 16 (Cont.) FILE NO.: Z-8364-C 5 are required, they will be installed at the Developer’s expense. Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and the Little Rock Fire Department is required. Contact Central Arkansas Water regarding the size and location of the water meter. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. Due to the nature of the facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) required 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 the 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 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 site is located near CATA Bus Route #3 – the Baptist Medical Center 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 Commercial (C) for this property. The Commercial category includes a broad range of retail and wholesale sales of products, September 13, 2012 SUBDIVISION ITEM NO.: 16 (Cont.) FILE NO.: Z-8364-C 6 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 allow a hotel to be constructed at a greater height than that allowed in the C-3, General Commercial Zoning District. 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 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 of the application. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. The landscape ordinance requires a minimum of eight percent (8%) of the paved areas be landscaped with interior islands of at least 7 ½ feet in width and 150 square feet in area. The islands must be evenly distributed throughout the site. 3. A controlled automatic irrigation system is required. 4. 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. 5. 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: (August 22, 2012) The applicant was present. Staff presented an overview of the development stating there were few outstanding technical issues associated with the request. Staff stated the plan was three (3) parking spaces short and they felt the plan could be revised to include the additional parking. Staff also questioned the proposed signage plan including ground and building signage. Staff questioned if there would be a bar and/or restaurant within the building. Staff also questioned the location of the dumpster facility. September 13, 2012 SUBDIVISION ITEM NO.: 16 (Cont.) FILE NO.: Z-8364-C 7 Public Works comments were addressed. Staff stated a dedication of additional area for the access easement along the western property line was required. Staff also stated the driveway was to intersect Kanis Road at a 90 degree angle. Staff stated the stormwater detention ordinance would apply to the development of the site. Staff also requested the applicant provide a sketch grading and drainage plan. Landscaping comments were addressed. Staff stated a minimum of eight percent (8%) of the paved areas were to be landscaped with landscape islands. Staff also stated automatic irrigation was required to water landscaped areas. Staff noted a landscape plan stamped with the seal of a registered landscape architect was required at the time of building permit. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. 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 comments raised at the August 22, 2012, Subdivision Committee meeting. The revised plan has included the four (4) additional parking spaces required to meet the typical minimum ordinance requirements. The site plan also includes the placement of a ground sign within the front yard setback and provided the building signage plan. The driveway has been redesigned to intersect Kanis Road at a 90 degree angel. The applicant has also indicated the western access easement will be constructed as requested by Public Works staff or if all property owners agree proper procedures for abandonment of the easement will be initiated. The site plan indicates the placement of a pole sign with a maximum height of 36-feet and a maximum sign area of 160 square feet. Building signage will be placed on the Kanis Road side of the building and on the eastern façade, the front of the building. The signage will be limited to a maximum of ten (10) percent of the façade area on which the signage is place. Parking for a hotel development is based on one parking space per guest room plus an additional ten (10) percent of the total of all parking spaces is required for developments larger than twenty (20) rooms for employees and non guest users patronizing meeting rooms, restaurants and other facilities. The hotel is proposed with 135 guest rooms which would require a total of 148 parking spaces. The site plan as presented provides the 148 parking spaces. The hotel September 13, 2012 SUBDIVISION ITEM NO.: 16 (Cont.) FILE NO.: Z-8364-C 8 is proposed with restaurant and bar service. There are also areas for meeting space within the proposed hotel. The hotel is proposed as a five story structure with a maximum height of 61 feet. The property is presently zoned C-3, General Commercial District which typically allows a maximum building height of 35-feet. Staff is supportive of the requested PCD zoning. There are two (2) issues which do not meet the typical development standards of the zoning ordinance. One is the building height and the second signage on the eastern façade of the hotel building which is located without public street frontage. Staff does not feel the proposed building height for the hotel structure will be out of character with other sites in the general area along the Shackleford Road corridor, from Financial Center Parkway south to Interstate 430. There are numerous buildings within this general area with heights of four (4) and five (5) stories or greater. The property immediately to the north is zoned O-3, General Office District with building heights allowed up to 60-feet. The undeveloped property to the west is zoned C-2, Shopping Center District which allows building heights up to 45-feet. Additionally, the project basically sits at a lower elevation than most of the surrounding properties, especially to the east and south. The height of the building is measured from the lowest finished floor to the main level between the eaves and ridge of the sloped roof. Staff also is supportive of allowing signage without public street frontage along the eastern, front façade of the proposed hotel. The applicant has indicated the sign will comply with signage typically allowed in commercial zones or a maximum of ten (10) percent of the façade area. Signage will also be placed along the façade fronting Kanis Road also limited to a maximum of ten (10) percent of the façade area of the building. Staff believes the proposed hotel building and the signage as proposed will be compatible with other existing buildings in this general area, and that the overall hotel development will have no adverse impact on the adjacent properties or the general 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. September 13, 2012 SUBDIVISION ITEM NO.: 16 (Cont.) FILE NO.: Z-8364-C 9 PLANNING COMMISSION ACTION: (SEPTEMBER 13, 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 following: 1. Compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. 2. Per the Master Street Plan, sidewalk is required to be installed along the east side of the access easement adjacent to the subject property. 3. The proposed paving surfaces at the private street/driveway area will be required to be modified at the time of the building permit application. 4. The configuration of the transition of the private street and the driveway will be required to be slightly modified at the time of the building permit application. There was no further discussion of the item. The Chair entertained a motion for approval of the item on the Consent Agenda as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. September 13, 2012 ITEM NO.: 17 FILE NO.: Z-8801 NAME: Rollins Short-form PD-C LOCATION: Located at 3700 Walker Street DEVELOPER: Mary Rollins 11209 Shackleford Court Little Rock, AR 72211 SURVEYOR: Brooks Surveying 20820 Arch Street Pike Hensley, AR 72065 AREA: 0.44 acres NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family ALLOWED USES: Single-family residential PROPOSED ZONING: PD-C PROPOSED USE: Beauty salon VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is requesting a rezoning from R-2, Single-family to PD-C (Planned Development Commercial) to allow the conversion of this existing single-family structure into a beauty salon. The applicant has indicated three (3) stylist will operate from the site. The applicant has indicated she has been a hair stylist for a number of years, renting space from others. She states she owns the house on Walker Street and would like to open her own shop at this location. September 13, 2012 SUBDIVISION ITEM NO.: 17 (Cont.) FILE NO.: Z-8801 2 B. EXISTING CONDITIONS: Union Park is located across Walker Street from this home but the remainder of the area is developed with single-family homes. There is a small church located on the northeast corner of West 36th and Walker Streets. The non-residential area is located five blocks to the east along West 36th Street at and near the John Barrow Road intersection. There is a large area of undeveloped property in this immediate area and a number of the streets have not been completed. West 37th and Walker Streets are narrow unimproved streets without curb, gutter or sidewalk and open ditches serve as drainage. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a letter of opposition from the John Barrow Neighborhood Association. All property owners located within 200-feet of the site and the John Barrow Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Due to the proposed use of the property, the Master Street Plan specifies that Walker Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 2. Due to the proposed use of the property, the Master Street Plan specifies that West 37th Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 3. A 20 foot radial dedication of right-of-way is required at the intersection of West 37th Street and Walker Street. 4. With future site development or expansion, provide design of street conforming to the Master Street Plan. Construct one-half street improvements to West 37th Street including 5-foot sidewalk with the planned development. 5. With future site development or expansion, sidewalks with appropriate handicap ramps are required to be installed along Walker Street in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. September 13, 2012 SUBDIVISION ITEM NO.: 17 (Cont.) FILE NO.: Z-8801 3 E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water regarding the size and location of the water meter. Due to the nature of the facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) required 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 the 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 near 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 Boyle Park Planning District. The Land Use Plan shows Residential Low Density (RL) for this property. Residential Low Density allows for single family homes at densities not to exceed six (6) dwelling units per acre. Such residential development is typically characterized by conventional single family homes, but may also include patio or garden homes and cluster homes, provided that the density remain less than six (6) units per acre. The applicant has applied for a rezoning from R-2, Single-Family District to PD-C (Planned Development Commercial) to allow the structure to be used as a beauty shop. September 13, 2012 SUBDIVISION ITEM NO.: 17 (Cont.) FILE NO.: Z-8801 4 Master Street Plan: Walker Street 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. 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 of the application. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. Landscaping will be required in conjunction with any new on site parking. G. SUBDIVISION COMMITTEE COMMENT: (August 22, 2012) Ms. Mary Rollins was present. Staff presented the item stating Ms. Rollins desired to convert the existing single-family home into a beauty salon. Staff stated there were a number of issues in need of addressing prior to the item being forwarded to the full Commission for final action. Staff questioned the number of operators for the site. Staff stated parking was based on the square footage of the structure but if there were to be three (3) operators then six (6) parking spaces would be needed to serve the salon. Staff stated with the construction of the parking area landscaping was required to be installed. Staff questioned the location and total area of any proposed ground and building signage. Public Works comments were addressed. Staff stated right of way dedication along West 37th and Walker Streets was required. Staff also stated a radial dedication was required at the intersection of the two streets. Staff stated any future improvements would require street construction to both the abutting streets was required including curb, gutter and sidewalk. Landscaping comments were addressed. Staff stated once again landscaping would be required in conjunction with the new parking area. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. September 13, 2012 SUBDIVISION ITEM NO.: 17 (Cont.) FILE NO.: Z-8801 5 H. ANALYSIS: The applicant submitted a revised site plan and cover letter addressing the issues raised at the August 22, 2012, Subdivision Committee meeting. The revised plan indicates the placement of a paved area for parking with a single driveway access from Walker Street. The parking area contains six (6) parking spaces. The parking area has been located a minimum of nine (9) feet from Walker Street to provide for the street buffer and landscape strip required. There does not appear to be a land use buffer along the southern perimeter. The applicant has indicated there will be a maximum of three (3) operators located at the site. The hours of operation are from 10 am to 8 pm Tuesday through Saturday. The applicant has indicated there will not be a manicurist, massage therapist, receptionist or any other person operating from the site. Parking for a beauty salon is based on one parking space per 200 gross square feet of floor area. The structure appears to contain 1,350 square feet of floor area resulting in the need for eight (8) parking spaces. The plan as presented provided the minimum parking required to serve the use. The applicant has indicated building signage will be used to identify the business. On the front façade a sign 2 ½ feet high by 10 ½ feet long will be placed with lettering identifying the business. There is no ground signage proposed for the business. The applicant has indicated there will not be a dumpster located on the site. All site lighting will be low level and directional, directed downward and into the site. Staff is not supportive of the request. The area is predominately single-family with a City park located across from the site. Staff feels the placement of this commercial business in this primarily residential neighborhood is out of character. The placement of the paved parking area to serve the business takes up most of the southern yard area. Staff feels the non-residential uses should be located within the areas identified on the City’s Future Land Use Plan as commercial which are located nearer the intersection of John Barrow Road and West 36th Street. I. STAFF RECOMMENDATION: Staff recommends denial of the request. September 13, 2012 SUBDIVISION ITEM NO.: 17 (Cont.) FILE NO.: Z-8801 6 PLANNING COMMISSION ACTION: (SEPTEMBER 13, 2012) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had failed to notify property owners as required by the Commission’s By-laws. Staff presented a recommendation of deferral of the item to the October 25, 2012 public hearing. There was no further discussion of the item. The Chair entertained a motion for approval of the item on the Consent Agenda as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. 0 W w LU F- 0 0 (I) Cf) 0 z J 11 1 N w 1— c 0 V m I m LU U) U LU ct� ... �a LU y-- 27 fj LU I _E !' s �1 W } 0 C w Q < z F U w Cn ® 0 Ul O ~ � Lij � �cr Lij } >:< W < Lu Q �0co< ` Z Of =���OU Imo- ZC1_z�L) 0 0 uj m m U a L Li Cam] CY Z 0- Chi' c 0 V m I m LU U) U LU ct� ... �a LU y-- 27 fj LU LU co 0 Q 11.1 � Lij � �cr Lij } >:< W W Q ` Imo- ZC1_z�L) Dmd� J � � � CY Z W V �mmu©��a =�a_ � c 0 V m I m LU U) U LU ct� ... �a LU y-- 27 fj LU September 13, 2012 There being no further business before the Commission, the meeting was adjourned at 5:17 p.m. UlidiErnLIrl