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HomeMy WebLinkAboutpc_07 01 2010sub LITTLE ROCK PLANNING COMMISSION SUBDIVISION HEARING SUMMARY AND MINUTE RECORD JULY 1, 2010 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present there being nine (9) members present. II. Members Present: “Goose” W. Changose Marcus Devine J. T. Ferstl Dan Harpool Troy Laha Obray Nunnley, Jr. Billy Rouse Candice Smith Jeff Yates Members Absent: Tom Brock Bill Rector City Attorney: Cindy Dawson III. Approval of the Minutes of the May 20, 2010 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION SUBDIVISION AGENDA JULY 1, 2010 OLD BUSINESS: Item Number: File Number: Title: A. LA-0028 Chenonceau Boulevard Advanced Grading Request, located on the Northeast corner of Chenonceau Boulevard and Bayonne Drive. B. S-1394-C Carter Oaks Addition Revised Preliminary Plat, located West of Carter Lane and East of LaMarche Drive Extension. C. Z-6532-F The Villas at Chenal Long-form PD-R, located on the Northeast corner of Chenal Heights Drive and Chenal Valley Drive. D. Z-6693-A Rudley Auto Sales Short-form PCD, located at 9401 Colonel Glenn Road. E. Z-7665-B Rowan Park at Kanis Long-form PD-R, located on the West side of Kirby Road approximately 400 feet North of the Kanis Road and Kirby Road intersection. F. Z-7875-C Taylor Park Subdivision Revised POD - Phase II, located on the West side of Taylor Park Boulevard just South of Kanis Road. G. Z-8545 7001 Cantrell Road Auto Sales Short-form PCD, located at 7001 Cantrell Road. H. Z-8546 Junior Martinez Long-form PID, located at 4200 Hoerner Road. Agenda, Page Two NEW BUSINESS: I. PRELIMINARY PLAT: Item Number: File Number: Title: 1. S-867- MMMMMMM Chenal Valley Phase 18E-2 Revised Preliminary Plat, located on the Northwest corner of Chalamont Drive and Challain Drive. 2. S-1654 Williams Addition Preliminary Plat, located on the Southwest corner of 23rd and Walker Streets. II. SITE PLAN REVIEW: Item Number: File Number: Title: 3. Z-3371-DD The Shoppes at Colonel Glenn Lots 1A and 1B Lot Split and Zoning Site Plan Review, located on the Northwest corner of Colonel Glenn Road and Brodie Creek Boulevard. III. PLANNED DEVELOPMENTS: Item Number: File Number: Title: 4. Z-2332-D Markham and Pine 2008, LLC Revised Short-form PCD, located at 117 South Cedar Street. 5. Z-3419-E A Cut Above Revised Short-form PCD, located at 302 North Shackleford Road. 6. Z-5427-C Huffman Office Warehouse Short-form POD, located on the Southeast corner of Kanis Road and Cherry Brook Drive. 7. Z-5936-J Champagnolle Office Village Long-form POD, located on the Northwest corner of Champagonolle Drive and Rahling Road. 8. Z-6178-J Stagecoach Village Revised Short-form POD, located on the Northwest corner of Stagecoach Village Drive and Stagecoach Road. Agenda, Page Three III. PLANNED DEVELOPMENTS: (CONTINUED) Item Number: File Number: Title: 9. Z-6323-P The Village at Rahling Road Revised Long-form PCD, located on the Southeast corner of Rahling Road and Chenal Parkway. 10. Z-7897-A Parkway Automotive Revised Short-form PD-C, located at 708 Kirk Road. 11. Z-8514-B Little Rock Housing Authority Park Addition Revised PD-R, located on the Southeast corner of 12th and Park Streets. 12. Z-8556 Red’s Towing Inc. Short-form PD-C, located at 2227-2229 Wilson Road. 13. Z-8557 Kavanaugh-Rose Short-form PD-R, located at 2501 Kavanaugh Boulevard. 14. Z-8558 Webster Short-form PD-R, located at 723 North Jackson Street. 15. Z-8559 Chenal South Long-form PD-R, located on the Southwest corner of Denny Road and Gordon Road. 16. Z-8560 Heritage College Short-form PCD, located East of Heritage College, accessed via a 25-foot access easement from Rodney Parham Road. IV. OTHER BUSINESS: Item Number: File Number: Title: 17. Z-6764 Young Short-form PCD Revocation, located at the Southwest corner of Colonel Glenn and Pritchard Mill Roads. 18. LA-0032 Woodlands Trail Land Alteration Variance Request, located on the Southwest corner of Kanis Road along Woodlands Trail. July 1, 2010 ITEM NO.: A FILE NO.: LA-0028 NAME: Chenonceau Blvd Land Advanced Grading Variance Request LOCATION: Northeast Corner of Chenonceau Blvd and Bayonne Drive, Chenal Valley Tract 132 APPLICANT: Deltic Timber Corporation APPLICANT’S REPRESENTATIVE: White-Daters & Associates AREA: Approximately 7 Acres CURRENT ZONING: MF-12, Multi-family 12 units per acre VARIANCES/WAIVERS REQUESTED: A variance from the Land Alteration Regulations to advance grade without construction being imminent. A. PROPOSAL/REQUEST: The applicant is requesting a variance from the Land Alteration Regulations to advance grade 7 acres of Chenal Valley Tract 132 without construction being imminent. The original application requested 15 acres to be advanced graded. Following the Subdivision Committee meeting on April 29, 2010, the application was amended to reduce the graded area to 7 acres. The 7 acres is part of a larger tract of land which is approximately 21.5 acres in size. The applicant desires to excavate approximately 200,000 cubic yards of dirt and transport it to the proposed St. Vincent Hospital West Campus site located southeast of the intersection of Rahling Road and LaGrande Drive. The applicant is proposing to leave a 100 foot wide undisturbed buffer along Chenonceau Boulevard. One (1) access drive from Chenonceau Boulevard is proposed to be installed to access the site. The applicant states the advanced graded area will not be visible from Chenonceau Boulevard and adjacent properties. B. EXISTING CONDITIONS: The 7 acre wooded site is part of an undeveloped 21.5 acre tract, Tract 132, zoned MF-12. A site plan has been approved for apartments. The approved site plan showed 13 buildings, 256 units with a density of 11.9 units per acre. The grading and drainage plan shows the site to be cut a maximum of 55 vertical feet. The property fronts the north side of Chenonceau Boulevard with a residential subdivision (Bayonne) located on the south side of Chenonceau Boulevard. On the east side of site is an undeveloped wooded tract of land zoned O-3, General Office District. The properties to the north are zoned R-2, Single-family and is currently undeveloped. The proposed northern clearing limit is approximately July 1, 2010 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: LA-0028 2 320 feet from the south property line of the residential properties located north of the site. A 200 foot open space is located to the west with a residential subdivision (Aberdeen), zoned R-2, Single-family, located west of the open space. The limit of grading is approximately 790 feet from the residential lots (Aberdeen) west of the site. Chenonceau Park, zoned R-2, Single-family, is located approximately 350 feet southwest of the limit of grading. C. NEIGHBORHOOD COMMENTS: As of the time of writing, staff has received one (1) telephone call from a property owner to the north. The property owner was concerned about drainage. The property owner told staff he spoke with Tim Daters of White-Daters & Associates who stated the advanced graded area will drain into the existing creek located to the west and northwest and will not adversely impact the adjacent property. All adjacent property owners including those across a street or alley from the subject property were given notice. The Aberdeen Court POA, Bayonne Place POA, and the Coalition of West Little Rock Neighborhoods were also notified. D. ENGINEERING COMMENTS: 1. Repair and replace any curb and gutter or sidewalk that is damaged in the public right-of-way. 2. A grading permit in accordance with Section 29-186(c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of excavation. 3. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 4. Measures to control the increase in stormwater runoff from the increased impervious surface should be implemented to not damage adjacent property. 5. Hauling of fill material on or off site over municipal streets and roads requires approval prior to a grading permit being issued. Contact Public Works Traffic Engineering at 621 S. Broadway, (501) 379-1805 (Travis Herbner) for more information. 6. Per Section 29-189(d), groups of trees and individual trees that are not to be removed or are located within required undisturbed buffer areas shall be protected during construction by protective fencing and shall not be used for material storage or for any more purpose. 7. Erosion controls must be installed to reduce discharge of polluted stormwater. July 1, 2010 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: LA-0028 3 8. Vegetation must be established on disturbed area within 21 days on completion of harvest activities. 9. Damage to public and private property due to hauling operations or operation of construction related equipment from a nearby construction site shall be repaired by the responsible party prior to issuance of a certificate of occupancy. 10. Provide a sketch grading and drainage plan. 11. How much fill material is expected to be removed from the site? 12. Only one (1) access point should be provided into the cleared and excavated area from Chenonceau Boulevard. The clear entrance/exit access location is to be limited to 26 feet in width. 13. Beside the entrance/exit access location, will the proposed advanced graded area be visible from Chenonceau Boulevard or any surrounding property owners? 14. At the access location, a rock tracking pad should be provided with a minimum length of 50 feet. 15. Site must be posted. E. LANDSCAPING COMMENTS: 1. Grading plan must comply with the City’s buffer ordinance requirements. 2. All previous comments and conditions apply. 3. The zoning buffer ordinance requires a fifty foot (50’) undisturbed buffer along the northern property line. Seventy percent (70%) of this area is to remain undisturbed. The drawing needs to delineate the undisturbed buffer area and label accordingly. 4. It appears that grading is occurring on the adjoining site. Grading off the property is not allowed. 5. The contour lines of the grading behind the pool seem close together. What is the slope of this fill area? The area must meet grade on this property and not to encroach upon the adjoining property. This area should also receive landscaping of trees to help stabilize the hillside. F. SUBDIVISION COMMITTEE: Tim Daters of White-Daters & Associates was present representing the applicant. Staff presented an overview of the variance application stating the applicant’s desire to advance grade the site. The applicant’s representative was encouraged by the committee to work with staff on this item. There was no further discussion July 1, 2010 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: LA-0028 4 of the item. The Committee then forwarded the item to the full Commission for final action. G. ANALYSIS: The applicant originally requested to advanced grade approximately 15 acres on the north side of Chenonceau Boulevard on Chenal Valley Tract 132. The applicant later amended the request to only advance grade 7 acres of the total 21.5 acre property. A site plan has been approved for the site for apartments. The approved site plan showed 13 buildings, 256 units with a density of 11.9 units per acre. The grading and drainage plan shows the site to cut a maximum of 55 vertical feet and excavate approximately 200,000 cubic yards of dirt to haul to the proposed St. Vincent Hospital West Campus site at Rahling Road and LaGrande Drive. A 100 foot undisturbed buffer will be preserved along Chenonceau Boulevard with one (1) access entrance not to exceed 26 feet in width. The limits of clearing are approximately 790 feet from the Aberdeen Subdivision and approximately 320 feet from the southern property lines of the residential properties to the north that front Highway 10. At the completion of the excavation, the disturbed area will be vegetated. Drainage from the excavated area will be directed toward the creek located to the west of the limits of clearing. At the time of writing, a project is not proposed to begin construction on Tract 132 following the completion of the advanced grading activities. Section 29-186(b) of the Land Alteration Regulations state no land alteration shall be permitted until all necessary City approvals of all plans and permits, except building permit, have been issued and construction is imminent. Imminent construction is defined as the installation of a foundation or erection of a structure without unreasonable delay following land alteration activities. Section 29-168 of the Land Alteration Regulations states the purposes of the Land Alteration Regulations. The purposes are to: 1. Prohibit the indiscriminate clearing of property; 2. Prevent excessive grading, clearing, filling, cutting or similar activities; 3. Prevent the pollution of streams, ponds and other watercourses by sediment; 4. Preserve natural vegetation which enhances the quality of life of the community; 5. Preserve the contours or the natural landscape and land forms. July 1, 2010 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: LA-0028 5 H. RECOMMENDATION: Staff recommends denial of this variance application due to the fact the Land Alteration Regulations were developed to prohibit this very activity in the City of Little Rock. The Land Alteration Regulations clearly state in Section 29-168 that the purpose of the regulations are to prohibit indiscriminate clearing of property; to preserve natural vegetation; and preserve the contours or natural landscape and land forms. At this time, Deltic Timber does not have a buyer for the property and no one knows how long the property will sit before it is sold and developed. If the variance application is approved, staff would recommend the approval be subject to the comments found in paragraphs D and E. Staff also believes the advanced grading should comply with the following: 1. A 100 foot undisturbed buffer maintained along Chenonceau Boulevard with one (1) access point with a maximum width of 26 feet; 2. Section 29-170(j), damage to private and public property due to hauling operations or operation of construction related equipment from a nearby construction site shall be repaired by the responsible party prior to issuance of a certificate of occupancy for St. Vincent Hospital West Campus; 3. A grading permit will not be issued for the advanced grading until a grading permit is issued for the grading and excavation to begin on the St. Vincent Hospital West Campus and cannot be used for other construction sites; 4. Excavated material from this site can only be used on the St. Vincent Hospital West Campus site; 5. Measures to control the increase in stormwater runoff from the excavated area should be implemented to not damage adjacent property. 6. At the completion of advanced grading, all disturbed areas should be mulched and revegetated; PLANNING COMMISSION ACTION: (MAY 20, 2010) Mr. Tim Daters and White Daters and Mr. Bill Spivey of Wright, Lindsey and Jennings were present representing the request. There were no registered objectors present. The Chair stated based on protocol when eight (8) or fewer Commissioners were present the Commission offered the applicant the option of deferral to a later public hearing. The Chair stated since there were six (6) Commissioners present the applicant could request a deferral to the July 1, 2010, public hearing. July 1, 2010 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: LA-0028 6 Mr. Tim Daters requested the item be deferred to the July 1, 2010, public hearing. The Chair entertained a motion for deferral of the item as requested by the applicant. The motion carried by a vote of 6 ayes, 0 noes and 5 absent. STAFF UPDATE: There has been no change to this application request since the previous public hearing. Staff continues to recommend denial of the request. PLANNING COMMISSION ACTION: (JULY 1, 2010) Mr. Tim Daters and Mr. Bill Spivey were present representing the request. Staff presented an overview of the request and presented the Commission an overview of the land alteration ordinance regulations. Staff stated it was the City Attorney’s opinion the Commission did have the ability to review the request and make a decision for allowing the variance request. Staff stated they were not in support of the variance request. Staff stated the reason for the ordinance was to prohibit speculative grading of sites that were not going to be developed in a reasonable time frame. Mr. Tim Daters addressed the Commission on the merits of the request. He stated the developers were intending to clear 4.7 acres within the site. He stated there would be a minimum of 150-feet buffers maintained around the graded area. He stated the trees to be removed would ultimately be removed with the development of the site. He stated he had met with the neighborhood association and they were in full support of the request. He stated during construction the entrance would be gated and after the completion the entrance would be removed completely. Mr. Daters stated 150,000 yards of material would be removed from the site and the hauling would take place over a six (6) month period. He stated as you were driving past the site you would not be able to see the clearing and grading taking place. He stated under the current City ordinance it was difficult to develop sites. He stated at present there were not enough construction activities taking place that allowed for borrowing of material between sites. He stated the way it worked now was materials were hauled outside the City when there was excess material and when fill materials were needed the developer would go to a site outside the City limits to get material and haul the material to the site. He stated the hauling was still taking place on City streets. Bill Spivey addressed the Commission stating the ordinance outlined four (4) areas which allowed the Commission to approve a variance request. He stated he felt the ordinance was put in place to offer guidance for approving request as opposed to putting a strangle hold on development activities in the City. He stated the site in July 1, 2010 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: LA-0028 7 question did have an approved plan. He stated the developers had walked away from the site and were no longer interested in developing the site for a multi-family development due to site construction costs. He stated the grading plan was carefully planned and served the intent of the land alteration ordinance. Ms. Ruth Bell addressed the Commission in opposition of the request. She stated the League was opposed to speculative clearing. She stated the ordinance did not allow this type activity and was out in place to prohibit speculative clearing. She stated the ordinance was developed because folks were tired of clearing taking place and then nothing happened. She stated that was the same thing happening here. There was not planned activity for the site, only clearing activity. She stated it was like punishing a good developer by not allowing the grading to occur but she questioned how the Commission could say yes to one and no to another. She stated if the Commission approve the request others would follow stating well you allowed it over there so why not over here. Mr. Bill Spivey stated the Commission reviewed request on a case by case basis. He stated the approval did not set prescient for future developments. He stated the plan was a good plan and the ordinance was put in place for guidance for approving variance request that made sense. Chairman Yates questioned Mr. Daters as to the amount of material to be removed from the site. Mr. Daters stated 150,000 yards. He stated this was approximately 10,000 trucks over a six (6) month period. There was a general discussion by the Commission as to the meaning of reasonable and imminent. The Commission questioned Mr. Daters as to why the approval of the variance request was in the best interest of the citizens of Little Rock. Mr. Daters stated the hauling of materials outside the City limits was allowing other cities to benefit from Little Rock’s ordinances thereby increasing their tax base. He stated a number of former Little Rock office users were now located in North Little Rock in the Northshore office development which was built from dirt hauled from the City of Little Rock. There was a general discussion concerning where the dirt would be moved to. Mr. Daters stated the dirt would be moved to Tract 94 which was located at the intersection of LaGrande Drive and Rahling Road. He stated the tract was split into three (3) parcels. He stated St. Vincent’s did own a portion of the site but the entire site was not in their ownership. He stated Deltic still owned a portion of the property. The Commission questioned as to why the previous apartment developers walked away from the project. Mr. Daters stated the site cost were to great to allow the project to work. He stated with the partial grading of this site it would increase the marketability of the site increasing the potential for development of the property. July 1, 2010 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: LA-0028 8 The Commission questioned the site could be developed and the material maintained on site. Mr. Daters stated the original proposal did not include hauling of material. He stated the developers were proposing to construct retaining walls on site but after the numbers were reviewed the cost far exceeded the potential revenues. The Commission questioned if the site would sell the material. Mr. Dates stated the sale of the material was not the reason for grading. He stated the grading would cost Deltic somewhere between $70,000 and $100,000 dollars. Once again the Commission had a lengthy discussion concerning what would be considered a reasonable time frame. The Commission stated the ordinance should be revised and the term reasonable should be defined. There was no further discussion of the item. The chair entertained a motion for approval of the item including all staff comments in paragraphs H of the agenda write-up as follows: a 150 foot buffer on Chenonceau Boulevard is required, the work time is limited to four to six months, no work on Sundays is allowed, the working hours are limited to 7:00 am to 6:00 pm, all streets are to be kept clean and in good repair and any repair of pot holes which may appear are the responsibility of the developer, the developer must comply with all regulations on blasting, the entrance must be kept gated and locked when the hauling activities are not occurring and the entrance must be block when the work in complete to prevent unauthorized use. The motion carried by a vote of 8 ayes, 1 no and 2 absent. July 1, 2010 ITEM NO.: B FILE NO.: S-1394-C NAME: Carter Oaks Addition Revised Preliminary Plat LOCATION: Located West of Carter Lane and East of LaMarche Drive Extension DEVELOPER: AEAD Investments c/o Tim Daters – White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 4.0 acres NUMBER OF LOTS: 19 FT. NEW STREET: 560 LF CURRENT ZONING: R-2, Single-family PLANNING DISTRICT: 19 - Chenal CENSUS TRACT: 42.11 VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: On July 23, 2003, the Little Rock Planning Commission approved a preliminary plat for an area containing 5.0-acres to allow the creation of 20 single-family residential lots. A new public street extending from Carter Lane was proposed to access the new lots with three of the lots fronting onto a proposed collector street (Lamarche Drive). The average lot size proposed was 60-feet by 120-feet or 7,200 square feet. A new residential street with 45-feet of right-of-way and 24-feet of pavement was proposed with lots loading from the new street, Carter Oaks Lane. The applicant also proposed ½ street construction to Lamarche Drive which adjoined the applicant’s western property line with final platting. July 1, 2010 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: S-1394-C 2 The development was proposed in two phases with Lots 5 – 17 final platted in Phase I and Lots 1 – 4 and 18 – 20 being completed in Phase II. A final plat for Phase I was executed on March 10, 2006. On December 3, 2009, the Little Rock Planning Commission approved a request to allow the creation of a zero lot line subdivision containing five (5) lots from four (4) of the previously final platted lots located along Carter Lane. The proposal was to allow structures to be constructed on the lot line, with the exception of 19R which would have a six (6) foot side yard setback on the southern property line adjacent to an existing home. The lots were proposed with an average size of 53-feet by 120-feet. The proposed plat indicated the allowable building area on all lots with a 42-foot width and a 70-foot depth. The building envelopes allowed a maximum building footprint of 2,940 square feet for single story structures. The cover letter indicated the structures would be one or two stories. The cover letter stated the south building elevation would not include doors or transparent windows. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is proposing to amend the previously approved preliminary plat to allow the subdivision to develop as a “zero lot line” project. Structures will be constructed on the lot line, with the exception of Lot 1. All portions of the structure will fall within the “allowable building area” as indicated on the plat. The building area on all lots is 40-feet wide by a minimum of 65-feet in depth with a typical depth of 75-feet. This will allow a maximum building footprint of 2,600 square feet to 3,000 square feet. Structure may be one or two stories. The eastern building elevation will not include doors or transparent windows. Translucent windows will be permitted. B. EXISTING CONDITIONS: The property under review does not have frontage on Carter Lane and is proposed with access from LaMarch Drive. The western area of the proposed plat is wooded. The property abuts the right of way for LaMarche Drive but LaMarche Drive has not been constructed. Further west of the site is a future phase of the Valley Falls Estates Subdivision. At the time of development of this phase a brick wall is proposed along the western right of way line for LaMarche Drive. Along Carter Lane there is a single-family home located on Lot 20 which is not a part of the proposed subdivision. There is also a single-family home located on Lots identified as 17R, 18R and Tract A from the previous plat approval. To the July 1, 2010 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: S-1394-C 3 north, south and east the area is predominately single-family homes located on large lots. There is a small engine repair shop located to the southeast which does not appear to be in operation. Carter Lane is a narrow street constructed of chip seal. With the final platting of the first phase a sidewalk, curb and gutter were constructed along this property frontage on Carter Lane. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a number of informational phone calls from area residents. All abutting property owners and the Coalition of West Little Rock Neighborhoods were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvements to LaMarche Drive including 5-foot sidewalk with the planned development. At least 20 feet of asphalt must be provided. 2. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 3. The existing creek channel must be rechannelized. 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. Stormwater detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. 6. If disturbed area is one (1) or more acres, obtain a NPDES stormwater permit from the Arkansas Department of Environmental Quality prior to the start of construction. 7. Street improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. 8. Streetlights are required by Section 31-403 of the Little Rock code. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting/certificate of occupancy. Contact Traffic Engineering 379-1813 (Steve Philpott) for more information. July 1, 2010 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: S-1394-C 4 9. Per the Master Street Plan, parking is restricted to one side of the street on a 24 foot wide street. Show on the plan now and on the final plat and bill of assurance, the area along the street where parking is allowed. 10. Provide a letter prepared by a registered engineer certifying the sight distance at the intersections comply with 2004 AASHTO Green Book standards. 11. At least 20 feet of asphalt with curb and gutter should be provided from existing LaMarche Drive to the proposed southern property line of the subdivision. Due to the lane shift, the minimum horizontal tangent distance between reverse curves is 100 feet. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required with easements for this project. Contact Little Rock Wastewater Utility for additional information. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: A water main extension will be required in order to provide service to this property. An oversize line (12-inch) may be required in LaMarche Drive to comply with the Central Arkansas Water master plan. In that case Central Arkansas Water would participate in the estimated cost of facilities that are in excess to those required for service to this development. A Capital Investment Charge based on the size of the meter connection(s) will apply to this project in addition to normal charges. All Central Arkansas Water requirements in effect at the time of request for water service must be met. This development will have minor impact on existing water distribution system. Please submit plans for water facilities to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities. Approval of plans by Central Arkansas Water, the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department for additional information. July 1, 2010 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: S-1394-C 5 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: No comment. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (March 18, 2010) Mr. Tim Daters of White-Daters and Associates was present representing the request. Staff presented an overview of the development stating the plat was proposed as a zero lot line single-family subdivision. Staff requested Mr. Daters provide the source of title of the landowner and questioned if the proposed phasing plan was applicable. Public Works comments were addressed. Staff stated a grading permit would be required at the time of development. Staff also stated the existing creek channel must be rechannelized with the future development. Staff stated street improvements to LaMarch Drive were required conforming to the Master Street Plan including at least 20 feet of asphalt with the final platting of the proposed lots. Staff stated streetlights were required prior to the issuance of the final plat. Staff stated per the Master Street Plan parking would be restricted to one side of the 24 foot wide street. Staff requested Mr. Daters indicate on the proposed plat the area proposed for the restricted parking. 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. Daters provided a revised preliminary plat drawing to staff addressing the issues raised at the March 18, 2010, public hearing. The revised plan indicates the source of title of the landowners and has provided the phasing plan as requested by staff. The revised plan indicates parking restricted to one side of the street. The creek has been indicated for rechannelization with the future July 1, 2010 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: S-1394-C 6 development of the subdivision. The developer has indicated a minimum of twenty (20) feet of pavement will be added to LaMarche Drive to the south to connect with the existing terminus of LaMarche Drive to allow access to the new lots. The remainder of the street improvements will be completed as funding becomes available by the City. The adoption of Ordinance No. 20,155 allowed the adjacent land owner, Valley Falls Estates, to provide the City with the total right of way dedication (60-feet) for LaMarche Drive from its current terminus to the south to the connection with Taylor Loop Road to the north. The applicant is proposing to amend the previously approved preliminary plat to allow the subdivision to develop as a “zero lot line” project. The area contains four (4) acres and was previously indicated as fifteen (15) single-family lots. The new development is proposed with all structures constructed on the lot line with the exception of Lot 1 which abuts LaMarche Drive. The building area on all lots is 40-feet wide by a minimum of 65-feet in depth with a typical depth of 75-feet. The maximum building footprint is 3,000 square feet with a 2,600 square foot average buildable area. The proposal is to allow structures to be constructed on the lot line with a zero setback on the eastern property line and a ten foot side yard setback on the western property line. The structures are proposed as one (1) and two (2) story. The eastern building elevation will not include doors or transparent windows. Translucent windows will be permitted. Section 36-254(d)(4) states for the purposes of zero-lot-line lots, the minimum lot width may be reduced to not less than thirty-five (35) feet. The lot area shall not be less than four thousand (4,000) square feet. Section 31-234 states submission of a plat creating a zero-lot-line development shall be accompanied by a generalized site plan showing the proposed locations and dimensions of all buildings, accessory uses and other improvements. Platted building lines shall be shown on all sides of each lot for purposes of delineating the maximum buildable area of each lot and specify the zero-lot-line yard. Staff is supportive of the request. The applicant has provided the required information to verify lot development standards as established for a zero-lot-line subdivision per the Zoning and Subdivision Ordinances. To staff’s knowledge there are no remaining outstanding technical issues in need of addressing related to the proposed preliminary plat request. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. July 1, 2010 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: S-1394-C 7 PLANNING COMMISSION ACTION: (APRIL 8, 2010) Mr. Tim Daters of White-Daters and Associates was present representing the request. There were no registered objectors present. Staff stated the applicant had submitted a request on April 1, 2010, requesting a deferral of this item to the May 20, 2010, public hearing. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The Chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. STAFF UPDATE: There has been no change to the proposed preliminary plat for this item since the previous public hearing. The development is proposed as a zero lot line single-family development containing 19 lots. The lots will be served by a 45-foot wide minor residential cul-de-sac street extending from LaMarche Drive. The developer will install approximately 330 linear feet of pavement 20 feet in width north from the existing terminus of LaMarche Drive to the southern property boundary. The required one-half (1/2) street improvements abutting the proposed plat area will be installed with the final platting of the lots within the proposed subdivision. As stated in the staff analysis the subdivision and zoning ordinances outline the required lot specifications for zero lot line developments. Section 36-254(d)(4) states for the purposes of zero-lot-line lots, the minimum lot width may be reduced to not less than thirty-five (35) feet. The lot area shall not be less than four thousand (4,000) square feet. Section 31-234 states submission of a plat creating a zero-lot-line development shall be accompanied by a generalized site plan showing the proposed locations and dimensions of all buildings, accessory uses and other improvements. Platted building lines shall be shown on all sides of each lot for purposes of delineating the maximum buildable area of each lot and specify the zero-lot-line yard. The minimum lot width proposed for the lots is 50 feet with a minimum lot depth of 112 feet. The average lot size proposed is 50 feet by 150 feet. The average square footage of the lots is 6,750. The building area on all lots is 40-feet wide by a minimum of 65-feet in depth with a typical depth of 75-feet. The maximum building footprint is 3,000 square feet with a 2,600 square foot average buildable area. The proposal is to allow structures to be constructed on the lot line with a zero setback on the eastern property line and a ten (10) foot side yard setback on the western property line. The existing development pattern along Carter Lane is large lot development with a number of the homes located on five (5) acre tracts. Although the proposed plat area is not consistent with the development pattern in the area, the development is proposed July 1, 2010 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: S-1394-C 8 consistent with the subdivision and zoning ordinance requirements. The density of the development is proposed as 4.88 units per acre which is within the allowable density of single-family development on the City’s Future Land Use Plan. The proposed plat appears to be fully complying with the subdivision and zoning ordinance requirements for a zero lot line single-family plat. Staff continues to recommend 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: (MAY 20, 2010) Mr. Tim Daters of White-Daters and Associates was present representing the request. Staff presented the item stating the applicant had requested on May 18, 2010, this item be deferred to the July 1, 2010, public hearing to allow additional time for the developer and area residents to resolve outstanding issues related to the request. Staff stated the deferral request would require a waiver of the Commission’s By-laws with regard to the late deferral request. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The chair entertained a motion for approval of the By-law waiver with regard to the late withdrawal request. The motion carried by a vote of 6 ayes, 0 noes and 5 absent. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 6 ayes, 0 noes and 5 absent. STAFF UPDATE: As indicated in the previous staff update, there has been no change to this application request since the original filing. The development is proposed as a zero lot line single- family development containing 19 lots. The lots will be served by a 45-foot wide minor residential cul-de-sac street extending from LaMarche Drive. The developer will install approximately 330 linear feet of pavement 20 feet in width north from the existing terminus of LaMarche Drive to the southern property boundary. The required one-half (1/2) street improvements abutting the proposed plat area will be installed with the final platting of the lots within the proposed subdivision. There are no waivers or variances being sought for the development of this subdivision. Staff continues to recommend 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. July 1, 2010 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: S-1394-C 9 PLANNING COMMISSION ACTION: (JULY 1, 2010) Mr. Tim Daters of White Daters and Associates was present representing the request. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request on June 25, 2010, requesting this item be withdrawn from consideration without prejudice. Staff stated they were supportive of the withdrawal request. There was no further discussion of the item. The Chair entertained a motion for approval of the item on the consent agenda as presented by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. July 1, 2010 ITEM NO.: C FILE NO.: Z-6532-F NAME: The Villas at Chenal Long-form PD-R LOCATION: Located on the Northeast corner of Chenal Heights Drive and Chenal Valley Drive DEVELOPER: Pickering-Allwine, LLC 11600 Chenal Parkway, Suite 3 Little Rock, AR 72211 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 14.12 acres NUMBER OF LOTS: 1 FT. NEW STREET: 2,060 LF CURRENT ZONING: PD-R ALLOWED USES: Retirement Village PROPOSED ZONING: Revised PD-R PROPOSED USE: Multi-family housing VARIANCES/WAIVERS REQUESTED: A variance from Section 29-186 (c) and (d) to allow advanced grading to future phases with the development of the first phase. BACKGROUND: Ordinance No. 18,163 adopted by the Little Rock Board of Directors on December 20, 1999, rezoned the site from R-2 and MF-18 to PD-R to allow the establishment of a Planned Residential Development titled Arkansas Teachers Retirement Village – Long-form PD-R. The proposal included the rezoning of 71.9 acres from R-2 and MF-18 to PD-R to allow for the development of the Arkansas Teachers Retirement Village, a stepped-care retirement facility. The development would house retired persons with facilities including independent living, assisted living, skilled nursing facilities and Alzheimer facilities. July 1, 2010 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-6532-F 2 A single access point from Chenal Valley Drive was proposed, with a fire lane access at the southwest corner of the property. The proposed site plan indicated a large amount of green space, which was to be undisturbed, along with a proposed lake, walking trails and a lakeside pavilion. In March of 2002, the Arkansas Teachers Retirement System decided to reevaluate the project and did not develop the site as proposed. ATRS decided to proceed with excavating to the finished grade indicated and approved on the site grading plan, extending sewer lines to the site, drainage construction, seeding and erosion control, power and telephone utility crossing the site were installed underground and no additional trees were to be removed from the site except those necessary to install utilities. A restoration plan was submitted to the City for approval. The applicant adhered to City’s requirements in the restoration of the site and the developer’s obligations were met. A proposal was reviewed and recommended for approval by the Little Rock Planning Commission at their August 26, 2004, Public Hearing to allow two of the indicated lots to develop with the retirement village concept. The applicant proposed the development of the site with eight individual lots through a preliminary plat in conjunction with the request to revise the PD-R zoning. The applicant indicated Lot 2 would be developed as an assisted living facility. Proposed Lot 8 was indicated for garden style patio homes. The applicant also indicated all uses would remain similar to the multi-unit residential retirement facility as approved on the original PD-R. The request was approved by the Little Rock Board of Directors on October 5, 2004, by the adoption of Ordinance No. 19,195. Lot 8 has not developed. Ordinance No. 19,220 adopted by the Little Rock Board of Directors on November 1, 2004, revised the previously approved PD-R to allow a nursing and rehabilitation center to locate on Lot 6. Chenal Nursing and Rehabilitation Center proposed a 114 bed skilled nursing facility. The development included 90 staff positions which included Arkansas Hospice Staff. October 17, 2006, Ordinance No. 19,611 adopted by the Little Rock Board of Directors on October 17, 2006, approved a revision to the PD-R for Lot 6 to increase the number of beds allowed in the nursing home facility from 114 to 140. The site plan included the placement of 93 parking spaces to serve the facility. There were no other changes to the previously approved PD-R proposed. An item to allow the development of this site (Lot 8) with single-family development of attached and detached homes was withdrawn at the Commission’s January 14, 2010, public hearing. The proposal did not comply with the covenants issued on this site and could not receive approval of the persons having oversight of the covenants. July 1, 2010 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-6532-F 3 A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The project contains approximately 18.47 acres and is located at the northwest corner of Chenal Valley Drive and Chenal Heights Drive. The developer is proposing a gated residential neighborhood of multi-family housing. The development will be enclosed by a six foot tall wall/fence with eight foot columns. The request includes a variance from the City’s Land Alteration Ordinance to allow advanced grading of the site with the issuance of a building permit for Phase I. The request also includes a waiver of the City’s Stormwater Detention Ordinance. B. EXISTING CONDITIONS: The site is a vacant site and most of the interior trees were cleared as a part of the original approval. The applicant did replant several interior trees and reseed the site as a part of the restoration plan. A regional detention facility is located near Chenal Valley Drive. The nursing home and the assisted living facility are complete and occupied. Northwest of the City is a City of Little Rock Fire Station. South of the site is the Village at Rahling Road Shopping Center. West of the site are two multi-family developments fronting Chenal Valley Drive. Chenal Valley Drive has been constructed to Master Street Plan standard with curb and gutter. There is not a sidewalk in place along the property frontage. Chenal Heights Drive and Chenal Heights Circle have been constructed with curb and gutter. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a number of informational phone calls from area residents. All property owners located within 200 feet of the site, all residents, who could be identified, located within 300 feet of the site and the Coalition of West Little Rock Neighborhoods were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. From the entrance to Legacy Circle to Legacy Lane to the cul-de-sac the street should be constructed to a width of 26 feet. 2. Per the Master Street Plan, parking is restricted to one side of the street on a 24 foot wide street. Show on the plan now and on the final plat and bill of assurance, the area along the street where parking is allowed. July 1, 2010 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-6532-F 4 3. Sidewalks with appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan along all 26 feet wide streets. 4. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). 5. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. Since advanced grading is desired a variance should be requested. 6. Stormwater detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. A variance for stormwater detention cannot be recommended for approval by staff. 7. If disturbed area is one (1) or more acres, obtain a NPDES stormwater permit from the Arkansas Department of Environmental Quality prior to the start of construction. 8. Several utilities are shown to exist under the proposed structure locations. 9. Street improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. 10. Streetlights are required by Section 31-403 of the Little Rock code. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting/certificate of occupancy. Contact Traffic Engineering 379-1813 (Steve Philpott) for more information. 11. Driveway widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The width of driveway must not exceed 36 feet. A turnaround must be provided for a SU-30 vehicle. The key pad must be located at least 30 feet from the curb line on Chenal Valley Drive. The gates should be moved to Legacy Circle. If you have any questions, please contact Bill Henry in Traffic Engineering at 379-1816. 12. No residential waste collection service will be provided on private streets unless the property owners association provides a waiver of damage claims for operations on private property. 13. If residential waste collection is desired, turn arounds or hammerheads at least 80 feet in length and 20 feet wide should be provided on Legacy Circle and Legacy Lane. 14. Provide a letter prepared by a registered engineer certifying the sight distance at the intersection of Legacy Boulevard and Chenal Valley Drive comply with 2004 AASHTO Green Book standards. July 1, 2010 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-6532-F 5 E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension is required with easements for this project. Contact Little Rock Wastewater Utility for additional information. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. CAW has an existing 12-inch main easement in an easement running through the property. Please submit plans for water facilities to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities. Approval of plans by Central Arkansas Water, the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. 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. Fire Department: Place fire hydrants per code. The development must provide a secondary emergency access. 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 Residential Low Density for this property. The applicant has applied for a rezoning for a Planned Development Residential to allow the July 1, 2010 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-6532-F 6 development of a gated community with 110 units of multi-family housing. This request falls within the density allowed per the Land Use classification. The overall density proposed is 5.95 units per acre. This area is not covered by a Neighborhood Action Plan. Master Street Plan: Chenal Valley Drive is a Collector. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. Chenal Heights Drive is a Local Street. The primary function of a Local Street is to provide access to adjacent properties. Local Streets which are abutted by non- residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. These streets have a design standard the same as a Collector. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class II bikeway is shown along Chenal Valley Drive. A Class II bikeway is located on the street as either a five foot (5’) shoulder or six foot (6’) marked bike lane. Additional paving and right of way may be required. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. Screening will be required where adjacent to single-family zoned or used property. Screening may be accomplished by the placement of a fence or wall six feet in height or by the placement of natural foliage to meet the screening requirement. 3. An automatic irrigation system to water landscaped areas will be required. 4. 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. G. SUBDIVISION COMMITTEE COMMENT: (March 18, 2010) Mr. Joe White of White Daters and Associates was present representing the request. Staff presented an overview of the development stating there were a number of outstanding technical issues in need of addressing prior to the Commission acting on the request. Staff questioned the construction materials, floor plan and if the units were owner or renter occupied. Staff also stated the development was proposed as a townhouse development as defined by the Subdivision Ordinance. Staff requested Mr. White provide a note on the site plan indicating the proposed open space both public and private. Staff also questioned if interior fences would be allowed. July 1, 2010 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-6532-F 7 Public Works comments were addressed. Staff stated the entrance at Legacy Circle to Legacy Lane should be constructed with 26 feet of pavement. Staff stated in areas where streets were constructed with 24 feet of pavement parking would be restricted to one side. Staff requested Mr. White note on the site plan the area proposed for restricted parking. Staff stated several utilities were shown to exist under the proposed structures. Mr. White stated the affected utilities would be relocated. Staff stated residential waste collection service would only be provided within the development if the property owners association signed a waiver of damage claims for operations on private property. Staff stated the entrance drive did not comply with the typical ordinance standards and must not exceed 36 feet in width. Staff noted there were no additional landscaping comments since the development was proposed as a single-family townhouse development. 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. Joe White submitted a revised site plan to staff addressing issues raised at the March 18, 2010, Subdivision Committee meeting. The applicant has amended the request from a townhouse development to a multi-family development. Lots are no longer being proposed for the development. The interior drive has been indicated 26-feet in width. A note on the site plan indicates private garbage collection will be utilized. The applicant has provided elevations for the proposed units. The units are proposed to be constructed of a variety of construction materials including brick, siding, stucco, rock and precast accents to add visual interest to the neighborhood. The roofs are proposed with various degrees of pitches also to add visual interest to the development. The units range in size from 1,350 square feet of 1,530 square feet of heated and cooled space. Each of the units will have a garage serving one or two cars. Parking will also be provided within the driveway for each unit. Each of the units will be provided an outdoor patio area. The interior fences will be allowed with a maximum height of six feet and constructed of wood, wrought iron or vinyl. The site plan indicates a 25 foot building setback along Chenal Heights Drive and Chenal Valley Drive. The building setback along the interior streets is indicated at 15 feet. The site contains 18.48 acres and of the total area 5.20 acres is July 1, 2010 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-6532-F 8 indicated as open space. The development is indicated as Residential Low Intensity on the City’s Future Land Use Plan. This classification allowed for single-family homes at a density 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 development is proposed with 5.95 units per acres. The minimum street buffer along Chenal Valley Drive should be 30-feet and the minimum street buffer along Chenal Height Drive should be 18 feet. The site plan indicates a minimum building setback of 25 feet along Chenal Heights Drive which allows for an adequate street buffer. The setback along Chenal Valley Drive is indicated also at 25 feet. The development is proposed with a six foot brick fence within this area placed on the right of way line. Staff is supportive of the street buffer as indicated. The land use buffer along the western perimeter is indicated at 45 feet. Within the buffer is a retaining wall which the site plan states will not exceed 15 feet in height. The applicant is requesting to grade within the required land use buffer. Staff is supportive of the request. Within the past few years this site was cleared from property line to property line so presently there is not any substantial growth within the buffer area. The site plan indicates the placement of identification signage on both wall faces entering the development. The sign is indicated with a maximum height of six feet and a maximum sign area of thirty-two square feet. Per the zoning ordinance multi-family developments are allowed one subdivision identification sign with a maximum sign height of six feet and a maximum sign area of thirty-two (32) square feet. Staff recommends the signage be limited to that as allowed in multi-family zones. The Declaration of Covenants for this property states no part of the subdivision shall be used for any use other than multi-unit residential retirement facilities without the consent of Deltic Timber Corporation. According to the developer the units will be market as rental units to persons 55 years plus. The request includes advanced grading of multiple phases with the development of the first phase. The applicant has indicated the request is necessary to balance the site and to eliminate the need for hauling out excess material and hauling in fill material during the subsequent development phases. The applicant is requesting a waiver of the City’s stormwater detention ordinance requirements. Staff is not supportive of this request. Staff feels the developers should provide detention on site as typically required by ordinance. July 1, 2010 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-6532-F 9 Staff is supportive of the request. The development is proposed as a multi-family development developed with an architectural style to allow the units to have individuality. According to the developer the units will be marketed to residents 55 years and older who want to maintain independence but no longer want to maintain a large home. The development is proposed with a density consistent with the City’s Future Land Use Plan. To staff’s knowledge there are no outstanding technical issues associated with the request. Staff feels the development of the site with the development as proposed is appropriate for the site. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends approval of the street buffer along Chenal Valley Drive and Chenal Heights Drive as proposed and the western land use buffer as proposed. Staff recommends the development signage located on Chenal Valley Drive be limited to one identification sign as allowed in the multi-family zones. Staff recommends approval of the variance request from the Land Alteration Ordinance to allow grading of future phases with the development of the first phase. Staff recommends the applicant provide stormwater detention as required by City ordinance. PLANNING COMMISSION ACTION: (APRIL 8, 2010) Mr. Joe White of White-Daters and Associates was present representing the owners. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request on April 6, 2010, requesting a deferral of this item to the May 20, 2010, public hearing. Staff stated the deferral request would require a waiver of the Commission’s By-laws with regard to the late deferral request. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The Chair entertained a motion for approval of the By-law waiver request. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. The Chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. July 1, 2010 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-6532-F 10 STAFF UPDATE: The applicant submitted a revised site plan to staff with a few minor changes from the previously reviewed plan. The development contains 18.48 acres and is proposed with the development of 109 units of multi-family housing in 29 buildings. The units are proposed as one (1) and two (2) story units with a maximum building height of 30 feet. The development will allow interior fences with a maximum height of six (6) feet constructed of materials consisting of wood and/or iron. From the original submission one unit has been removed, a park area has been added and a trail from the rear of the development to the clubhouse has been added. Also the street accessing the cul-de-sac now meanders to act as a traffic calming device. Another change from the original submission is the center residential units will have alley access to rear loaded garages allowing the fronts of the buildings to have front yard areas. The perimeter units will still have front loaded garages but the buildings will be designed to minimize the garages and concrete drives. In the staff analysis staff stated the site had previously been cleared from property line to property line. This is an incorrect statement. The existing buffer on the west side varies from 90 feet to 190 feet. Most of the buffer on the north has already been cleared and filled. Per the buffer ordinance the street buffer along Chenal Valley Drive should average 40 feet and in no case less than 20 feet. The street buffer along Chenal Valley Drive is indicated at 25 feet. This street buffer does not comply with the typically ordinance requirement. The street buffer along Chenal Heights Drive should average 24 feet and in no case be less than 12 feet. The street buffer along Chenal Heights Drive appears to comply with the typical ordinance requirement. The land use buffer along the western perimeter should average 50 feet and a minimum of 70 percent of the buffer should remain undisturbed. The minimum land use buffer along the western perimeter is a minimum of 30 feet and in most cases the buffer is 45 to 50 feet. The site plan indicates the placement of a retaining wall within a portion of the buffer area reducing the width to 30 feet for approximately 275 feet. Staff feels the applicant can take measures to ensure the buffer area remains undisturbed as required by the ordinance and there is adequate area to allow the average width of the buffer to comply with the buffer ordinance requirements. Staff is supportive of the street buffer along Chenal Valley Drive as proposed. The development is proposed with a brick perimeter fence. The buildings will have a 25-foot rear yard setback. This setback is typical for a residential rear yard setback. Staff continues to support the development and the associated variances. The development is proposed with an overall density of 5.89 units per acre. The site is indicated as Residential Low Intensity on the City’s Future Land Use Plan which allows July 1, 2010 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-6532-F 11 for development of homes at a density not to exceed six (6) dwelling units per acre. 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 also recommends approval of the street buffer along Chenal Valley Drive and Chenal Heights Drive as proposed and the western land use buffer as proposed. Staff recommends the development signage located on Chenal Valley Drive be limited to one identification sign as allowed in the multi-family zones. Staff recommends approval of the variance request from the Land Alteration Ordinance to allow grading of future phases with the development of the first phase and staff recommends the applicant provide stormwater detention as required by City ordinance. PLANNING COMMISSION ACTION: (MAY 20, 2010) The applicant and his representatives were present representing the request. There was one registered objector present. Staff presented the item with a recommendation of approval of the item along with the associated variances. Staff also presented a recommendation stormwater detention be provided per the ordinance. Mr. Stewart Headley addressed the Commission on behalf of the applicants. He stated his clients were seeking approval for a multi-family development and requested the Commission approve the request as recommended by staff. He yielded the remainder of his time for rebuttal. Mr. Spivey provided the Commission with background information concerning the property and agreements entered into by Arkansas Teachers Retirement System and Deltic at the time of sale. He stated the original approval allowed all streets to be private and internal. He stated there was to be one access to Chenal Valley Drive from the development. Mr. Spivey stated the original agreement did not in vision the creation of lots but the development contained on a single tract. Mr. Spivey stated there had been two revisions to the original PD-R which did allow the creation of lots. He stated with the creation of lots two public streets were created, constructed and dedicated to the City. Mr. Spivey stated the single access to Chenal Valley Drive with the intersecting street remained. He stated the construction which had occurred along Chenal Valley Drive had been constructed with a minimum setback of 40 feet. He stated the developments which were located along Chenal Valley Drive were not enclosed with a brick walled fence. Mr. Spivey stated the developers had not met with Deltic or the Chenal Valley Architectural Control Committee (ACC) concerning the proposed development. He questioned if the ACC would approve the site plan as presented to the Commission. Mr. Spivey stated the building as proposed did not provide for proper setbacks or buffers. He stated the perimeter fence would create an undesirable tunnel effect along the frontage of the property which was inconsistent with other properties in the area. Mr. Spivey stated the developers had not committed to Deltic the development would be age restricted. He requested the Commission defer July 1, 2010 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-6532-F 12 the item to allow the ACC to review the request and determine if the ACC would support the development or if there were modifications the Commission was reviewing a plan that could be constructed. Mr. Headley stated the access point from Chenal Valley Drive met the ordinance standards for driveway spacing. He stated the original PD-R had been abandoned and the restrictions placed on the original PD-R no longer applied to the development of the site. He stated the developer was willing to increase the buffer to 33-feet along Chenal Valley Drive. He stated the typical setback for single-family development along a collector street was 30-feet. He stated the fence along Chenal Valley Drive would be brick and iron. He stated the approval of the ACC should not have any impact on the Commission’s decision as to the approval of the site plan. He stated the agreement was a private document between the property owners and Deltic. He stated the Commission could review Bills of Assurances but were not bound by them. Mr. David Pickering addressed the Commission on the merits of the request. He stated he was a home builder in Chenal and had been before the ACC a number of times. He stated the review by the ACC was subjective. He stated the ACC made suggestions on design items related to the architecture of the structure but did not deal with how the site would develop. He stated the development was single story patio homes. He stated the site was no longer a 71-acre tract. There were different owners and different development patterns in the area. Chairman Yates questioned Mr. Pickering if he could legally build the plan presently presented to the Commission without ACC approval. Mr. Pickering stated he felt the ACC would approve the request. Chairman Yates question Joe White, Jr., the engineer of record and a member of the ACC review board if Mr. Pickering could build the development without ACC approval. Mr. White stated he did not feel the development could be constructed without ACC approval. Mr. Pickering requested the item be deferred to the July 1, 2010, public hearing to allow the item to be presented to the ACC for review and approval. A motion was made to defer the item as requested by the applicant. The motion carried by a vote of 6 ayes, 0 noes and 5 absent. STAFF UPDATE: The applicant has met with the Chenal Design Review Committee and is working on suggestions and changes to the site plan. As of this printing these changes have not been received by staff. Some of the changes include increasing the building setbacks July 1, 2010 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-6532-F 13 and buffer areas along Chenal Valley Drive and the northern perimeter, eliminating the entrance from Chenal Valley Drive and relocating the office and pool house. Staff will provide the Commission with an updated staff review and recommendation at the public hearing. PLANNING COMMISSION ACTION: (JULY 1, 2010) Mr. Gregory Hopkins was present representing the applicant. There were no registered objectors present. Staff presented the item stating the applicant had revised the site plan reducing the number of units from 109 to 102, relocated the entrance drive from Chenal Valley Drive to Chenal Heights Drive and increased the setbacks along Chenal Valley Drive and the land use buffers along the north. Staff stated of the 102 units there was a mix of front loaded and rear loaded garages. Staff stated there were 72 front loaded units and 30 rear loaded units. Staff stated the open space areas had been increased due to the decrease in unit density. Staff stated there was a 40 foot buffer along Chenal Valley Drive with a 25 foot buffer along Chenal Heights Drive. Staff stated the unit which was previously indicated with a 15 foot setback from the northern boundary had been moved to approximately 40 feet. Staff stated they continued to support the request. Staff stated the original approval for the Teachers Retirement Community allowed for a step living community. Staff stated they felt the development as proposed offered a component of the original approval. Staff presented a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Mr. Gregory Hopkins stated the developers did have approval from the Chenal architectural review committee. He stated there were two conditions placed on the developer which would be adhered to during the development process. He stated one was related to buffers and the second related to design issues. He stated the developer had worked with Deltic and they were in agreement with the items Deltic was requesting of the developer related to age restriction. Mr. Bill Spivey addressed the Commission stating the applicant had met with the architectural review committee and with Deltic and all were somewhat in agreement on a number of the issues raised before the Commission at their May 20, 2010 public hearing. He stated the developer had agreed to follow the federal guidelines with regard to the age limitations placed on the potential residents. He stated the developer had also agreed to place a covenant on the property to ensure these limitations were followed. July 1, 2010 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-6532-F 14 There was no discussion by the Commission. Chairman Yates entertained a motion for approval of the item as presented. The motion carried by a vote of 7 ayes, 0 noes and 4 absent. July 1, 2010 ITEM NO.: D FILE NO.: Z-6693-A NAME: Rudley Auto Sales Short-form PCD LOCATION: Located at 9401 Colonel Glenn Road DEVELOPER: Rudley Auto Stormy Cubb-Rudley 9925 Lanehart Road Little Rock, AR 72204 ENGINEER: The Holloway Firm 200 Casey Drive Maumelle, AR 72113 AREA: 0.721 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: C-3, General Commercial District ALLOWED USES: General Commercial - indoor retail PROPOSED ZONING: PCD PROPOSED USE: Add Auto Sales outdoor display as an allowable use VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The request is a rezoning from C-3, General Commercial District to PCD to allow the use of this property for automobile sales. The site will house a maximum of 25 cars. The request includes the allowance of parking of autos within the 20 feet of the front setback which is not typically allowed per the zoning ordinance. The applicant is proposing to use the property as is with the exception of minor remodeling for the office use. The property is not covered under a bill of assurance. July 1, 2010 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: Z-6693-A 2 B. EXISTING CONDITIONS: The site is located at the intersection of Colonel Glenn and Stagecoach Roads. The building is in disrepair and a number of the windows have been broken. The Arkansas State Highway Department has recently completed a street widening project on Colonel Glenn Road rounding the corner of Stagecoach Road. There is a traffic signal located at this intersection and turn lanes have been installed along the property’s northern boundary. South of the site is a Farmers Co-op and further south of the site is a church. East of the site, across Stagecoach Road and north of the site, across Colonel Glenn Road are residential, office and commercial uses. West of the site is a single-family subdivision, the Beasley’s Subdivision, located on Marigold Drive. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a few informational phone calls from area residents. All property owners located within 200 feet of the site, all residents who could be identified located within 300 feet of the site, the Pecan Lake Property Owners Association, the Tall Timber Property Homeowners Association, the Westwood Neighborhood Association and the John Barrow Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Colonel Glenn Road is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to 55 feet from centerline is required. With the location of the rear storage building, right-of-way should be dedicated to 50 feet from centerline. 2. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. July 1, 2010 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: Z-6693-A 3 Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water if additional fire protection or metered water service is required. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW's Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: No comment received. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the 65th Street West Planning District. The Land Use Plan shows Neighborhood Commercial for this property. The applicant has applied for a rezoning to Planned Commercial Development for auto sales. The Neighborhood Commercial category of the future land use plan is designed to allow for “small-scale commercial development in close proximity to a neighborhood, providing goods and services to that neighborhood market area.” Auto sales is not generally considered a neighborhood commercial use. This area is covered by the Westwood/ Pecan Lake Neighborhood Plan. Their Zoning Goal states “Maintain and encourage single-family and low-density residential developments in the residential area of the neighborhood, while encouraging responsible non-residential development in the area currently reserved for such uses on the Future Land Use Plan.” Master Street Plan: Stagecoach Road and Colonel Glenn Road are both Principal Arterials. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized July 1, 2010 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: Z-6693-A 4 areas. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on both streets since they are Principal Arterials. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes shown in the immediate vicinity. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. Any new parking areas must be in compliance with the City’s Landscape Ordinance. 3. If the rehabilitation costs of the project exceed fifty percent (50%) of the replacement cost of the building then the landscape ordinance will be applied accordingly. 4. The City of Little Rock Planning Staff and the City Beautiful Commission recommend the removal of any unnecessary portions of concrete or asphalt on the site. This will allow for additional greenspace at a highly visible intersection. G. SUBDIVISION COMMITTEE COMMENT: (April 29, 2010) Ms. Stormy Rudley was present representing the request. Staff presented an overview of the development stating there were a few outstanding technical issues in need of addressing prior to the Commission acting on the request. Staff questioned the maximum number of cars proposed for the site. Staff also questioned where detailing of the automobiles would take place. Staff stated typically outdoor display of automobiles was not allowed within the front 20 feet of the setback. Staff stated the roof mounted sign was prohibited by ordinance and must be removed. Public Works comments were addressed. Staff stated a right of way dedication on Colonel Glenn Road was required per the Master Street Plan. Staff stated because of the location of the existing storage building a 50-foot right of way dedication would be required. Landscaping comments were addressed. Staff stated with any redevelopment of the site additional landscaping could be required. Staff stated the removal of any unnecessary portions of concrete or asphalt on the site to allow for additional green space was encouraged by the City Beautiful Commission. July 1, 2010 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: Z-6693-A 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: The applicant submitted a revised cover letter to staff addressing the issues raised at the April 29, 2010, Subdivision Committee meeting. The request includes the allowance of parking within the first 20-feet of the front setback. The applicant has indicated detailing of automobiles will take place at a nearby carwash and minor tasks will occur within a shed located on site at the rear of the main structure. All mechanical work will be performed off site. The hours of operation are from 8 am to 7 pm Monday through Saturday. There are a maximum of four (4) employees. A maximum of 25 cars will be displayed on the site. There is to be no unloading of vehicles within the public right of way allowed. The proposal includes signage on three walls. Signage on the east wall is proposed 12 to 25 feet in length with an overall height of eight (8) feet. The sign as currently proposed is not allowed per the sign ordinance. The applicant must enclose the entire area with signage giving the appearance of a mansard sign. Also signage is proposed on the east wall of the area proposed for renovation for the office. This sign is proposed as three (3) feet by three (3) feet. Signage is proposed on the south wall. The sign is proposed seven (7) feet by four (4) feet. Electronic signage is not proposed at this time. The applicant is not proposing to add any fencing or gating on the site. The revised cover letter states at a minimum of ten (10) percent of the site will be landscaped. The applicant has indicated landscaping will occur in the areas not paved. Shrubs will be trimmed and manicured. Grass will be cut and edged. Planter boxes will be added to the site and any unused asphalt or concrete will be removed and landscaping added. Staff is not supportive of the request. The site is indicated as Neighborhood Commercial on the City’s Future Land Use Plan. This classification is typically limited to small scale commercial development in close proximity to a neighborhood, providing goods and services to that neighborhood market. Typically automobiles sales draw from a regional area. Staff also does not support the allowance of display of vehicles within the first 20-feet of the front setback. The zoning ordinance is specific stating there shall be no open display of any kind whatsoever within the first twenty (20) feet of the required front yard setback. Staff does not feel this is an appropriate location for automobile sales. July 1, 2010 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: Z-6693-A 6 I. STAFF RECOMMENDATION: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (MAY 20, 2010) Ms. Stormy Rudley was present representing the request. There were no registered objectors present. The Chair stated based on protocol when eight (8) or fewer Commissioners were present the Commission offered the applicant the option of deferral to a later public hearing. The Chair stated since there were six (6) Commissioners present the applicant could request a deferral to the July 1, 2010, public hearing. Mr. Tim Daters requested the item be deferred to the July 1, 2010, public hearing. The Chair entertained a motion for deferral of the item as requested by the applicant. The motion carried by a vote of 6 ayes, 0 noes and 5 absent. STAFF UPDATE: There has been no change to this application request since the previous public hearing. Staff continues to recommend denial of the request. PLANNING COMMISSION ACTION: (JULY 1, 2010) Ms. Stormy Rudley was present representing the request. There were no registered objectors present. Staff presented the item stating they were not in support of allowing the site to be rezoned to PCD to allow the use of the property as a car lot. Staff stated they had received a letter of support from the John Barrow Neighborhood Association but the letter did include conditions. Staff stated the Pecan Lake Neighborhood Association had indicated they were opposed to the development and felt the structure should be removed because it was an eye-sore and was unsafe. Ms. Ruley addressed the Commission stating she had met with all the area neighbors and they were in support of the reuse of the property. She stated the only way for the site to work was to allow the display within the first 20-feet. She stated with the display in the fist 20-feet she would be able to control activities taking place in this area. She stated the property was under a lease purchase. She stated she proposed to clean up the site and do cosmetic repairs until such time major repairs could be undertaken on the building. July 1, 2010 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: Z-6693-A 7 There was a general discussion by the Commission concerning the use of the property as an automobile sales lot. The Commission questioned Ms. Rudley as to if she was willing to amend her application to include the conditions imposed by the John Barrow Neighborhood Association. Ms. Rudley stated she was willing to amend her request. There was no further discussion of the item. The chair entertained a motion for approval of the item. The motion failed by a vote of 5 ayes, 2 noes and 4 absent. July 1, 2010 ITEM NO.: E FILE NO.: Z-7665-B NAME: Rowan Park at Kanis Long-form PD-R LOCATION: Located on the West side of Kirby Road approximately 400 feet North of the Kanis Road and Kirby Road intersection DEVELOPER: Rowan Development, LLC 10520 West Markham Street Little Rock, AR 72205 ENGINEER: Crafton Tull Sparks 10825 Financial Center Parkway Little Rock, AR 72211 AREA: 6.60 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: PD-R - Expired ALLOWED USES: Single-family 3.33 units per acre PROPOSED ZONING: PD-R PROPOSED USE: Multi-family 10.9 units per acre VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: Ordinance No. 19,164 adopted by the Little Rock Board of Directors on August 17, 2004, established the Rock Haven Short-form PD-R. The proposed development was designed based on a concept blended between a zero lot line subdivision and a horizontal property regime containing 22 single-family lots. The lots were to be minimally sized to accommodate buildable surface areas between 1,500 and 2,450 square feet on each lot. Homes were proposed with a two-story height maximum. The bill of assurance was indicated to prescribe minimum and maximum home sizes, as well as controls for architectural quality that would be administered by an architectural review committee. Each buildable area was set within one foot of one lot line, and July 1, 2010 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: Z-7665-B 2 fourteen to fifteen feet from the other to allow for a small side yard area. All homes would have enclosed garages located at the rear of the structure and entered from the looped drive. Homes would front on the interior common park area. The proposed access to lots was accomplished with a private drive that encircled the property and was within a common access and utility easement area. This easement was proposed as a part of the large Lot 1 area, which comprised all of the land not contained within the residential lots. All improvements and land within Lot 1 would be held in common ownership by the property owners association and would also be maintained by the property owners association. The property owners association would also maintain individual lot area landscaping. The applicant indicated Tract A as a separate parcel containing 1.91 acres. The applicant indicated Tract A would be reserved for future development. The applicant requested a deferral of required street improvements to Kirby Road until development occurred for proposed Tract A. The applicant indicated phasing would be utilized for the development. Phase I was to consist of the development of Lots 1 – 11 including all required street improvements and infrastructure. Phase II would consist of the completion of the access easement located within Lot 1 and Lots 12 – 22. Ordinance No. 19,326 adopted by the Little Rock Board of Directors on June 7, 2005, allowed a revision to the PD-R. The approval allowed the use of an RV as a temporary sales, construction management and security office on the site. The new homes were not constructed and the RV has been removed. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The developer is proposing to construct 72 units of multi-family housing on this 6.6 acre site. There are four (4) three (3) story apartment buildings proposed containing 18 units per building. The development is proposed containing 10.9 units per acre. Within the development there will also be a clubhouse building with meeting room space, kitchen, a residence for an on site manager and other public spaces. The clubhouse will also have a swimming pool area. The development will contain 2.85 acres of paved and rooftop area and 3.75 acres of green space. Within the development 132 parking spaces are proposed. The site is proposed with two entrances from Kirby Road. The buildings are proposed with wood frame construction with a combination of brick and architectural siding on the exterior. The roof pitch is a minimum 4:12 with architectural shingles. July 1, 2010 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: Z-7665-B 3 B. EXISTING CONDITIONS: The site is vacant and clearing of underbrush was previously completed. There are residential uses located to the east of the site both site built and manufactured homes. To the southeast of the site is property zoned PCD which was approved for a mixed use development containing mini-warehouse, office and retail uses including restaurant uses. To the south of the site is C-1 zoned property which has developed as a convenience store. To the west of the site is vacant R-2, Single-family zoned property. Kirby Road is a narrow unimproved road with open ditches for drainage. Street improvements to Kirby Road per the Master Street Plan were completed south of the site with the site development of the convenience store. 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, all residents who could be identified located within 300 feet of the site, the Parkway Place Property Owners Association and the Gibraltar Heights/Pointe West/Timber Ridge Property Owners Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. South driveway maximum width allowed is 36 feet. 2. The new back of curb on Kirby Road should be located 18 feet from centerline of the right-of-way. The plan does not show the widening. 3. Kirby Road is classified on the Master Street Plan as a collector street. A dedication of right-of-way 30 feet from centerline will be required. 4. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to Kirby Road including 5-foot sidewalk with the planned development. The new back of curb should be located 18 feet from centerline of the right-of-way. 5. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). July 1, 2010 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: Z-7665-B 4 6. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 7. Stormwater detention ordinance applies to this property. 8. 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. 9. Street improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. 10. Streetlights are required by Section 31-403 of the Little Rock code. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting/certificate of occupancy. Contact Traffic Engineering 379-1813 (Steve Philpott) for more information. 11. Provide a letter prepared by a registered engineer certifying the sight distance at the driveways comply with 2004 AASHTO Green Book standards. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Capacity contribution analysis is required. Contact Little Rock Wastewater for additional information. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. A water main extension will be required in order to provide service to this property. Please submit plans for water facilities to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities. Approval of plans by Central Arkansas Water, the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information July 1, 2010 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: Z-7665-B 5 regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). The Little Rock Fire Department will need to approve the fire hydrant locations and vehicular access to all parcels. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: No comment received. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Ellis Mountain Planning District. The Land Use Plan shows Residential Low Density (RL) for this property. The applicant has applied for a rezoning to Planned Development Residential for four (4) three-story buildings containing 18 units per building and a clubhouse. The Residential Low Density category is designed to accommodate single family development not to exceed six (6) dwelling units per acre. This proposed development is 10.9 units per acre. This area is covered by the Rock Creek Neighborhood Plan. Their Residential Development goal states “Encourage large lot single family development in the area.” Master Street Plan: Kirby Road is shown as a Collector. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class III bike route is shown along Kirby Road. A Class III bikeway is a signed route on a street shared with traffic. No additional paving or right-of-way is required. Class III bicycle route signage may be required. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. July 1, 2010 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: Z-7665-B 6 2. The zoning buffer ordinance requires a nineteen-foot (19’) wide land use buffer along the western perimeter of the site next to the residentially zoned property. Seventy percent of this area must remain undisturbed. 3. The zoning buffer ordinance requires a fifty-foot (50’) wide land use buffer along the northern perimeter of the site next to the residentially zoned property. Seventy percent of this area must remain undisturbed. 4. The zoning street buffer ordinance requires an average nineteen foot (19’) wide street buffer and at no point to be less than half. 5. The landscape ordinance requires a nine-foot (9’) wide landscape strip around the sites entirety. 6. The landscape ordinance requires a minimum of eight percent (8%) of the paved areas be landscaped with interior islands of at least 7 ½ feet in width and 300 square feet in area. 7. An automatic irrigation system to water landscaped areas will be required. 8. Prior to the issuance of a building permit, it will be necessary to provide an approved landscape plan stamped with the seal of a Registered Landscape Architect. 9. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. 10. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the northern and western perimeters of the site. Credit towards fulfilling this requirement can be given for existing trees and undergrowth that satisfies this year-around requirement. G. SUBDIVISION COMMITTEE COMMENT: (April 29, 2010) Mr. Frank Riggins was present representing the request. Staff presented an overview of the development stating there were a number of outstanding technical issues in need of addressing prior to the Commission acting on the request. Staff requested Mr. Riggins provide the maximum building height in the general notes section of the site plan. Staff also requested Mr. Riggins provide building elevations of the proposed structures. Staff stated the site was shown as Single Family on the City’s Future Land Use Plan which allowed for development not to exceed five units per acre. Staff stated the development as proposed indicated a density of 16 to 17 units per acre. Staff stated the developer should consider a development with a lesser density. July 1, 2010 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: Z-7665-B 7 Public Works comments were addressed. Staff stated right of way dedication and street improvements would be required to Kirby Road. Staff stated the stormwater detention ordinance would apply to development of the site. Staff requested Mr. Riggins provide a letter certifying the sight distance for the proposed driveway locations. Landscaping comments were addressed. Staff stated the proposed parking was indicated within the required street and land use buffer areas. Staff stated an automatic irrigation system would be required at the time of development. Staff stated the parking lot would require interior islands to be landscaped per the Landscape Ordinance. 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. SUBDIVISION COMMITTEE COMMENT: (June 10, 2010) The item was returned to the Subdivision Committee based on a revised site layout. Staff noted the revised layout reduced the number of units, allowed for additional landscaping and included covered parking. Staff stated there were a few outstanding technical issues associated with the request in need of addressing prior to the Commission acting on the request. Staff requested a note be included on the site plan limiting the hours of dumpster service. Staff also requested Mr. Riggins include a note concerning any proposed fencing to be included on the perimeter or interior of the site. Staff questioned signage and requested the plan include the location, total height and total area. Staff also questioned if the development would be constructed in a single phase. Public Works comments were addressed. Staff stated the southern drive should be redesigned to reduce to a maximum width of 36-feet. Staff also stated the new back of curb on Kirby Road was to be located 18-feet from centerline of the right of way. Landscaping comments were addressed. Staff stated the zoning buffer ordinance required a minimum landscape strip of 19-feet along the western perimeter. Staff stated the zoning buffer ordinance required a minimum landscape strip along the northern perimeter of 50-feet. Staff stated a small amount of building landscaping would be required at the time of development. Staff once again 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. July 1, 2010 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: Z-7665-B 8 H. ANALYSIS: Mr. Riggins submitted a revised site plan to staff addressing the issues raised at the June 10, 2010, Subdivision Committee meeting. The dumpster service hours are limited to daylight hours, the development is proposed in a single phase and all fencing has been identified. The applicant has also provided staff with a sketch of the proposed signage. The landscape buffers are indicated to comply with the zoning buffer ordinance. The interior landscaping is indicated at 8.6 percent which is adequate to meet the landscape ordinance requirement. A perimeter fence is proposed around the site’s entirety. The fencing along the western and northern boundaries is proposed as a six (6) foot opaque fence. The fencing along the street side and the southern perimeter is proposed as a decorative wrought iron fence six (6) feet in height with a maximum of eight (8) foot columns. The site will be gated. The sign is proposed as a monument sign constructed with a brick backdrop and an arched top extending above the base. The base is approximately five (5) feet in height and seven (7) feet in width. The arched top extends above the base to a maximum height of eight and one-half feet (8 ½’). The revised plan has pulled the nose of the median within the southern driveway back as requested by staff. The driveway is indicated with two (2) lanes, 20-feet in width and a six (6) foot median. Although staff previously indicated a maximum width of 36-feet, Public Works staff has indicated they are supportive of the new design. The development is proposed to be constructed of sixty (60) percent masonry of either king size fired clay brick product and/or natural stone elements. The developer has indicated the use of faux stone as well. The buildings will be covered with forty (40) percent fiber cement board in either a lap or board and batten pattern. Windows will be vinyl clad double pane insulated glass. Wood framing will be used almost exclusively for the structure with the exception of reinforcing and connections per the international building code. Roofing will be fiberglass reinforced architectural shingles with a 20-year life. The maximum building height is 45-feet 6-inches. The roofs will have a 4:12 pitch. The development is proposed with security gates. The gates have been located on the site to allow visitors to enter the site and escape should the person they are visiting not be home. The northern drive is indicated as an exit only drive. July 1, 2010 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: Z-7665-B 9 The site plan indicates the placement of 132 parking stalls to serve 72 units. The zoning ordinance would typically require the placement of 108 spaces for the development. With the initial development, twelve (12) spaces will be covered. The site plan indicates areas for additional covered parking should the residents desire additional covered parking to be provided. The site includes a total of 6.60 acres and is proposed to be developed with 72 units of multi-family housing. The overall density proposed is 10.9 units per acre. The site is indicated on the City’s Future Land Use Plan as Residential Low Density. The Residential Low Density category is designed to accommodate single-family development not to exceed six (6) dwelling units per acre. Although the development is proposed with a density greater than typically allowed under the land use classification, staff does not feel the development is too intense for the site. Of the overall site, 2.27 acres is impervious area and 4.33 acres is open space. The site plan also includes the placement of a clubhouse and pool area as well as a gazebo and multi-purpose field to allow for ample outdoor recreational opportunities. Staff is supportive of the request. To staff’s knowledge there are no outstanding technical issues in need of addressing associated with the site plan. Staff feels the applicant has done an excellent job in styling this multi-family development to allow for adequate areas of open space and areas for livability. As stated even though the site is identified as Residential Low Density on the Future Land Use Plan staff does not feel the density as proposed negatively impacts the development. The proposed development provides a good transition from the commercial uses at the Kirby/Kanis Road intersection to the residential uses extending to the north. 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: (MAY 20, 2010) Mr. Frank Riggins was present representing the request. There were no registered objectors present. Staff presented the item stating they had met with the developer on May 3, 2010, to discuss issues raised at the Subdivision Committee meeting and staff’s July 1, 2010 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: Z-7665-B 10 concerns with the overall development plan. Staff stated the applicant had requested the item be deferred to the July 1, 2010, public hearing. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 6 ayes, 0 noes and 5 absent. PLANNING COMMISSION ACTION: (JULY 1, 2010) Mr. Frank Riggins of Crafton Tull Sparks and Associates was present representing the applicant. 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 9 ayes, 0 noes and 2 absent. July 1, 2010 ITEM NO.: F FILE NO.: Z-7875-C NAME: Taylor Park Subdivision Revised POD - Phase II LOCATION: Located on the West side of Taylor Park Boulevard just South of Kanis Road DEVELOPER: Graham Smith Construction LLC 13503 Kanis Road Little Rock, AR 72211 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 1.68 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: POD ALLOWED USES: Single-family residential attached and detached and Office as allowed per the O-3, General Office Zoning District PROPOSED ZONING: POD PROPOSED USE: Phase II - Single-family residential attached and Office as allowed per the O-1, Quiet Office Zoning District – Maintain previous approvals for Phase I VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: The Planning Commission reviewed a request and recommended approval for Taylor Park Long-form POD at their July 7, 2005, public hearing. The site plan included the development of 22.9 acres containing a mixed-use development including office and residential uses. The property fronting along Kanis Road would allow O-3, General Office District uses with the remainder of the site being developed with attached and detached single-family residences. Ordinance No. 19,388 adopted by the Little Rock July 1, 2010 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: Z-7875-C 2 Board of Directors on August 30, 2005, rezoned the site from R-2, Single-family to POD establishing Taylor Park Long-form POD. Ordinance No. 19,635 adopted by the Little Rock Board of Directors on November 21, 2006, allowed a revision to the POD by allowing the height and area of the subdivision identification sign to be increased. On February 25, 2010, the Planning Commission denied a request to allow the property owner located at 2 Chapman Lane to maintain a wood deck and a pergola surrounded with a six-foot wood fence which had been constructed without a permit and across a platted building line and within a ten (10) foot utility easement. The denial request was not appealed to the Board of Directors. The property owner has decreased the height of the fence, removed the pergola beyond the building line and is to raise the grade of the lot around the deck to comply with typical ordinance standards for single-family development. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The developer of the Taylor Park Subdivision has now purchased 1.68 acres located on the west side of Taylor Park Boulevard and is proposing the construction of the 2nd Phase of the subdivision. The development is proposed with two (2) office buildings each containing 3,375 square feet and a shared parking lot. The parking is proposed with a single access point to Taylor Park Boulevard. The development will also contain eleven (11) common wall patio homes located on individual lots and constructed similar to the existing attached homes within the existing subdivision. The new residential units will be located in three (3) buildings with two (2) buildings containing four (4) units and one (1) building containing three (3) units. The building envelope is indicated containing 2,890 square feet. Each of the units will contain a garage. The homes will have individual driveway accesses to Taylor Park Boulevard. The development will be constructed in phases with the residential units constructed in the first phase. The office buildings will be constructed as the market demands. The request includes a variance from the City’s Land Alteration Ordinance to allow grading of the entire area with the initiation of Phase I. The development will contain a retaining wall along a portion of the western perimeter. A note on the site plan indicates a maximum wall height of ten (10) feet. The request includes a deferral of the required street improvements to Kanis Road until the development of Lot 60, the lot adjacent to the street frontage. The property is not covered under a bill of assurance. July 1, 2010 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: Z-7875-C 3 B. EXISTING CONDITIONS: The property proposed for development is presently a vacant tract with a scattering of trees. The Taylor Park Subdivision has developed with single-family homes both attached and detached. It appears the majority of the attached units have been constructed and only a few lots remain for the detached single-family homes. The office portion of the development along Kanis Road has not been initiated. The developer does occupy a structure along Kanis Road as his construction and sales office. Street improvements to Kanis Road were completed with the first Phase of the Taylor Park Subdivision. Taylor Park Boulevard has also been constructed with a sidewalk along the eastern side. The area has not changed much since the original approval. The area remains single-family with homes located on large lots. The area to the south is developing as the Woodlands Edge Subdivision. To the west of this site a new street, Woodlands Edge Trail, has been constructed from Kanis Road to the south accessing the Woodlands Edge Subdivision. This area is zoned PCD for future development of office and commercial uses. The area to the north includes two properties zoned as planned developments for office uses and a third property to the northeast is also zoned for office use. The remaining area is single-family homes located on large lots or parcels. 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, all residents who could be identified located within 300 feet of the site, the Parkway Place Property Owners Association, the Gibraltar Heights/Pointe West/Timber Ridge Property Owners Association and the Woodlands Edge Community Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Kanis Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. 2. A 20 foot radial dedication of right-of-way is required at the intersection of Kanis Road and Taylor Park Boulevard. July 1, 2010 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: Z-7875-C 4 3. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvements to Kanis Road including 5-foot sidewalks with the planned development. 4. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 5. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). 6. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of excavation. 7. Stormwater detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. 8. 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. 9. A variance must be approved from the Land Alteration Ordinance to allow the developer to advanced grade with Phase 1. 10. Handicap access ramps should be installed to cross Taylor Park Boulevard at Kanis Road and at the southern property line of Lot 59. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension with easements is required for this project. Contact Little Rock Wastewater for additional information. Entergy: A ten (10) foot underground utility easement is required. Contact Entergy for additional information. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. 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. July 1, 2010 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: Z-7875-C 5 Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: No comment received. 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 Suburban Office and Residential Low Density for this property. The applicant has requested to amend the previously approved Planned Office Development to allow the construction of three additional residential buildings and two office buildings. The mixture of these two uses coincides with the land use plan. This area is not covered by a Neighborhood Plan. Master Street Plan: Kanis Road is a Minor Arterial. 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. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Taylor Park Boulevard is a Local Street. The primary function of a Local Street is to provide access to adjacent properties. Local Streets which are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. These streets have a design standard the same as a Collector. Bicycle Plan: There are no bike routes shown in the immediate vicinity. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. The landscape ordinance requires a nine-foot (9’) wide landscape strip, around the office use properties entirety. A variance from this requirement must be obtained from the City Beautiful Commission prior to the issuance of a building permit. July 1, 2010 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: Z-7875-C 6 3. The zoning buffer ordinance requires a nine (9) foot wide land use buffer along the western property line. Seventy percent (70%) of this area is to remain undisturbed. 4. Screening will be required along the western perimeter where abutting residentially zoned or used property. G. SUBDIVISION COMMITTEE COMMENT: (April 29, 2010) Mr. Scott Hurley and Mr. Joe White were present representing the request. Staff presented an overview of the development stating additional information was necessary to allow a complete review of the proposed development. Staff requested information concerning fences, decks, porches and patios allowed within the single-family portion of the development. Staff also questioned the orientation of the office buildings located along Kanis Road. Staff stated building signage should be addressed through the review process. Public Works comments were addressed. Staff requested clarification on the request for advanced grading. Mr. White stated the office buildings would not be constructed in the initial phase but the request was to clear the office portion of the site with the construction of the residential homes. Staff stated the stormwater detention ordinance would apply to development of the site. Mr. Hurley questioned if the City would accept an in-lieu contribution. Staff stated they would not accept an in-lieu contribution and the development should provide the required detention. Mr. Hurley stated the developer was requesting a deferral of the required street improvements to Kanis Road until the development of the office lot abutting Kanis Road. Landscaping comments were addressed. Staff stated a portion of the parking located along the western perimeter was located within the required land use buffer areas. Staff stated the zoning buffer ordinance requires the placement of a nine (9) foot wide land use buffer along the western perimeter of the site. Staff stated seventy percent (70%) of the buffer area was to remain undisturbed. Mr. White questioned if the back-out area was constructed of a pervious pavement if the back-out area could remain. Staff stated the pervious pavement would be allowed within the land use buffer 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. July 1, 2010 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: Z-7875-C 7 H. ANALYSIS: The applicant submitted a revised cover letter and site plan to staff addressing the issues raised at the April 29, 2010, Subdivision Committee meeting. The applicant has indicated the existing stormwater detention facility will be reviewed to determine if the area is adequate to serve the additional area. If the existing stormwater detention facility is not adequate additional stormwater detention will be provided with the new development. The development will be constructed in phases with the residential units constructed in the first phase. The office buildings will be constructed as the market demands. The request includes a variance from the City’s Land Alteration Ordinance requirements to allow grading of the entire 1.68 acres with the construction of the first phase of the development. The site plan indicates a maximum wall height of 10 feet along the western perimeter which is an allowable height under the Land Alteration Ordinance. The request includes a deferral of the required street improvements to Kanis Road until the development of Lot 60, the lot adjacent to the street frontage. Staff is supportive of the deferral request for a period of five years, until the development of Lot 60 or until adjacent development occurs whichever occurs first. The property has approximately 100 feet of street frontage with an existing taper on Kanis Road into Taylor Park Boulevard. Staff feels the deferral request will not significantly impact access to the existing street or to Kanis Road. The development proposes construction of two (2) office buildings each containing 3,375 square feet and a shared parking lot. The development is proposed with a single access point to Taylor Park Boulevard. There are twenty (20) parking spaces proposed to serve the new buildings. The office use would typically require a total of sixteen (16) parking spaces. The site plan indicates a back out area within the western land use buffer area. A note on the site plan indicates this area as a permeable landscape pavement. The proposed use of the office buildings are the uses as allowed in the O-1, Quiet Office District Zoning District. The hours of operation are typical office hours. The fronts of the office buildings will face into the parking lot. The applicant is requesting building signage to be allowed on the fronts of the buildings, which will not have street frontage, and along the eastern façade of the buildings adjacent July 1, 2010 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: Z-7875-C 8 to Taylor Park Boulevard. The maximum sign area for the proposed building signage is ten (10) percent of the façade area on the façade the signage is placed. Ground signage for the office development is proposed on each of the individual lots. The signage is proposed consistent with signage allowed in office zones or a maximum of six (6) feet and a maximum sign area of sixty-four (64) square feet in area which is consistent with signage allowed in office zones. The development is not proposed with electronic signage. The development will also contain eleven (11) common wall patio homes located on individual lots and constructed similar to the existing attached homes within the existing subdivision. The new residential units will be located in three (3) buildings with two (2) buildings containing four (4) units and one (1) building containing three (3) units. The residential lots average thirty-four (34) feet by one hundred fifteen (115) feet. The building envelope is indicated containing 2,890 square feet. Each of the units will contain a single car garage. The homes will have individual driveway accesses to Taylor Park Boulevard. The driveway width will allow for parking of an additional vehicle outdoors. The units will be constructed with four sides of brick and architectural grade singles will be used for roofing materials. The maximum building height proposed is twenty (20) feet at mid height. The units will contain an at grade patio. No decks, porches or pergolas will be allowed on the units without prior approval by the City of Little Rock through a revision to the POD. The units will be allowed fencing as allowed per the zoning ordinance for residentially zoned property. The structures will be placed with a minimum setback from Taylor Park Boulevard of twenty (20) feet. A thirty (30) foot setback is proposed along Kanis Road. The units will have a rear yard setback of 20 feet from the western perimeter. The side yard setback for the units which are not attached is five (5) feet. The site plan indicates a minimum of ten percent of the gross planned office district area will be designated as landscaped open space. The developer also indicates a minimum of five (500) square feet of usable private open space will be provided for each of the townhouse units. The residential portion of the development will not provide a minimum of ten (10) to fifteen (15) percent of the area designated as common usable open space. The majority of the site is indicated on the City’s Future Land Use Plan as Suburban Office with a small portion of the site indicated as Residential Low Intensity. The Suburban Office Classification allows for low intensity developments of office or office parks in close proximity to lower density residential areas to assure compatibility. The Residential Low Intensity July 1, 2010 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: Z-7875-C 9 classification allows for the development of single family homes at a density not to exceed six (6) dwelling units per acre. Residential development typical characteristics of this land use classification are conventional single family homes, but may also include patio or garden homes and cluster homes. The residential portion of Phase I of the Taylor Park Subdivision allowed to develop with a density of 7.2 units per acre. The current request is to allow a density of 9.49 units per acre. When combining the Phase I portion of the Taylor Park Subdivision and this additional phase the overall density of the development is 6.99 units per acre. Staff is supportive of the request. The office portion proposed for development is consistent with the City’s Future Land Use Plan. Only a small portion of the development is indicated within the Residential Low Intensity classification. The remainder of the Taylor Park Subdivision is indicated as Residential Low Intensity which has developed with an overall density in excess of the typical standards of the land use classification. Staff is unaware of any negative impacts the density at which the subdivision has developed has caused the subdivision or the area. The development is mostly built-out with only a few of the detached residential lots remaining. Staff feels the development of this 1.68 acres with two (2) small office buildings and eleven (11) attached residential units is an appropriate development for this site. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends approval of the variance request from the City’s Land Alteration Ordinance to allow grading of the entire site with the development of the first phase. Staff recommends approval of the deferral request of the required street improvements to Kanis Road for a period of five (5) years, until adjacent development occurs or until the development of Lot 60 of the Taylor Park Subdivision which ever occurs first. PLANNING COMMISSION ACTION: (MAY 20, 2010) Mr. Graham Smith was present representing the request. There were a number of registered objectors present. Staff presented the item with a recommendation of approval of the item along with the variance request from the City’s land alteration ordinance requirements and the request for the street deferral. July 1, 2010 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: Z-7875-C 10 Mr. Smith addressed the Commission stating Taylor Park Subdivision was developed with 119 attached and detached homes. He stated of the 119 lots 116 homes had sold with three (3) lots remaining to develop. He stated his request was to allow the addition of eleven (11) attached units and two (2) office buildings on property recently purchased located on the west side of Taylor Park Boulevard. Mr. Chia-Chu Chiang addressed the Commission in opposition of the request. He stated the development was a residential area with only one access to Kanis Road. He stated commercial development was not appropriate for the site. Ms. Jennifer Freyman addressed the Commission in opposition of the request. She stated was not wholly opposed to the request but was opposed to the attached units and the office development. She stated she felt the development would be better if developed with detached homes around the perimeter in keeping with the remainder of the development. She stated the attached units with garages in the front were not desirable. She stated traffic and safety were a concern at the entrance to the subdivision. She questioned the office parking lot accessing the residential street and stated a better access would be on Kanis Road. Mr. Tony Nobile addressed the Commission in opposition of the request. He stated the subdivision was three years old and was developed with a mixture of attached and detached homes. He stated the attached homes contained a two (2) car garage with alley access. He stated the perimeter homes also contained a front loaded two (2) car garage. He stated with the development of the eleven (11) attached units the feel of the neighborhood would be changed. He stated the attached units on the perimeter would go against the overall development plan and change the model of the neighborhood. He stated the units were proposed with a single car garage and a two car driveway. He stated the residents were not opposed to the overall development only the placement of the attached units which was out of character with the other homes in the area. He stated with an alternate plan Mr. Smith could construct detached units and based on the sales price could command a higher value thus generating a similar profit for the developer. He also questioned if the office building had sufficient parking and if the parking proved to be inadequate where would the visitor park. He stated the street was not adequate to handle the residential traffic and overflow parking for the office uses. Ms. Grace Ellen Rice addressed the Commission stating her concerns were the same as Mr. Nobile’s but she questioned if the development would be assessed to assist in paying the improvement district taxes. She stated she understood the Commission was not bound by, but could review Bills of Assurances when deciding an issue. She stated she was also concerned there were no homeowners on the improvement district board. She stated she had concerns with the placement of eleven (11) units and felt the residents within Taylor Park would see a ribbon of concrete when entering the subdivision. She stated Graham Smith should be proud of what he had build and not July 1, 2010 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: Z-7875-C 11 want to bring down the development with a development so out of character with the area. Mr. Jeff Jones addressed the Commission in opposition of the request. He stated his area of concern was related to traffic and the two office buildings. He stated the commercial development would increase congestion at the intersection of Taylor Park Boulevard and Kanis Road. He stated Mr. Smith was a good developer and felt the new construction should look like the remainder of the homes on the perimeter of the development. Ms. Margaret Birdsong addressed the Commission in opposition of the request. She stated Kanis Road was still a rural road. She stated Kanis Road was narrow and was it was difficult to access Kanis Road from the subdivision during peak travel times. She stated there were a number of empty office buildings located on Kanis Road as well as within the remainder of the City. She stated it was important a buffer be provided between the residential and non-residential uses. Ms. Beverly Foster addressed the Commission in opposition. She stated it was important to maintain trees when developing in the City. She requested the Commission come to the neighborhood and visit with the homeowners to see why they were so passionate about issues which concerned the neighborhood. Mr. Gary Korte addressed the Commission with concerns. He stated traffic and access were his concerns. He stated with the development of two (2) office buildings on the west sharing a driveway and the development of two (2) office buildings on the east with individual driveways allowing three (3) drives to serve office development would generate a great deal of traffic on the residential street. Ms. Joann Riley addressed the Commission in opposition. She stated it was difficult to get in and out of the neighborhood presently. She stated the addition commercial development would increase traffic on the residential street creating additional danger to the area residents. Additional attendees who filled out a card but did not wish to speak included – Mr. Ron Jones, Mr. Horace Walters, Ms. Ethel Walters, Mr. Joe Stephens, Ms. Ida Daniels, Ms. Rita Chappell, Ms. Shirley Pharis, Ms. Dana Downes, Ms. Peggy Dowd, Mr. Vernon Gould, Ms. Hilda Dillinger, Ms. Nina Bennett and Ms. Patty Snipes. Mr. Smith addressed the Commission addressing residents concerns. He stated Taylor Park Boulevard was constructed to a commercial street standard. He stated the development in 2005 was developed with seven (7) units per acre and the current development was to allow 6.9 units per acre. He stated the attached units were rear loaded units but the perimeter units did have front garages and driveways. He stated the office building would be set 30 feet from Kanis Road and 20 feet from Taylor Park July 1, 2010 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: Z-7875-C 12 Boulevard. He stated he was not looking to cheapen anything. He stated in typical subdivision development the developer put the lesser value homes near the entrance to the subdivision and the more expensive homes in the rear. He stated the homes located at the font of the subdivision would not command has high a value as the homes located further back. He stated the attached units would be easier to sell than detached units. He stated when homes in a subdivision did not sell this brought the value of the remaining homes down. Mr. Smith stated the office uses would be quiet office uses. He stated his plans included moving his office to one of the office buildings. He stated the office would look like a residential unit with architectural shingles, brick similar to the brick within the subdivision, and no overhead signage. Mr. Smith stated he would be willing to defer the item to meet with the neighbors to discuss options for development of the site. The Chair questioned Mr. Smith if he was requesting a deferral of the item. Mr. Smith stated he was requesting a deferral of the item to the July 1, 2010, public hearing. The Chair entertained a motion of approval of the deferral request. The motion carried by a vote of 6 ayes, 0 noes and 5 absent. SUBDIVISION COMMITTEE COMMENT: (June 10, 2010) The item was returned to the Subdivision Committee on June 10, 2010. Staff stated the plan had been revised to include property on the east and west sides of Taylor Park Boulevard. Staff stated the development was now proposed with three (3) units of detached housing, two (2) buildings containing four (4) units and one (1) building containing three (3) units of attached housing and a single office building. During the Committee meeting there was a great deal of discussion concerning the driveway located on Taylor Park Boulevard to access Lot 1 located on the east side of Taylor Park Boulevard. Staff has reviewed the file and it appears with the final approval a drive access was provided to Lot 1 with the elimination of a drive access located on Kanis Road. Other topics of discussion were details of proposed perimeter fencing, the proposed use of the office portion of the site and details of proposed signage. Public Works comments were addressed. Staff stated the ordinance typically did not allow a driveway less than 300-feet from an intersection. Staff stated the drive on Taylor Park Boulevard would require a variance from the Subdivision Ordinance and the Master Street Plan to allow the drive as indicated. Staff stated all grading activities would require approval prior to beginning construction. Staff stated handicap access ramps should be installed to cross Taylor Park Boulevard at Kanis Road at the southern property lot line of Lot 59. July 1, 2010 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: Z-7875-C 13 ANALYSIS: - Revised Plan The applicant submitted a revised site plan to staff addressing a number of the issues raised at the June 10, 2010, Subdivision Committee meeting. The revised plan indicates the placement of three (3) detached single-family homes along the southern perimeter of the development, two (2) buildings of attached housing each containing four (4) units and an office building all located on the west side of Taylor Park Boulevard. On the east side of Taylor Park Boulevard a building of attached units is indicated. The building is proposed containing three (3) units. The revised plan indicates a six (6) foot wide privacy fence along the rear of each of the lots. Interior fencing will be allowed per the R-2, Single-family zoning district. The development will not contain decks. Decks will only be allowed per a revision to the POD by the homeowner. The structures will be placed with a minimum setback from Taylor Park Boulevard of twenty (20) feet. A thirty (30) foot setback is proposed along Kanis Road for the office building. The units will have a rear yard setback of 20 feet. The detached units will have five (5) foot side yard setbacks. The developer has indicated the proposed use of the office portion of the site will be O-1, Quiet Office users. The site plan indicates the placement of a 3,375 square foot office building located on Lot 59. The maximum building height proposed is 20-feet to the mid-section of the roof. The building is proposed with 20 parking spaces. The zoning ordinance would typically require eight (8) spaces to serve an office use this size. Two (2) of the spaces are shown encroaching into the required land use buffer along the western perimeter. Staff recommends two (2) of the spaces be removed to allow for the proper buffer width. Signage for the office portion of the development is a single ground mounted sign not to exceed six (6) feet in height and sixty-four (64) square feet in area. Building signage is proposed on the north and east facades. Building signage will comply with signage typically allowed in office zones or a maximum of ten (10) percent of the façade area. The residential portion of the development is proposed containing 18.02 acres. Within the existing subdivision 120 units of attached and detached homes have been constructed and an additional fourteen (14) units are proposed with the new development. An overall density of 7.44 units per acre is proposed. The original development allowed a density of 7.2 units per acre. Although the development is slightly increasing the overall density staff is still supportive of the development. As indicated previously this area is indicated as Suburban Office on the City’s Future Land Use Plan. Staff feels the development allows for a good transition between Kanis Road and the residential uses located within the subdivision. July 1, 2010 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: Z-7875-C 14 Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends the western-most two (2) parking spaces be removed to allow for the proper land use buffer width in this area. PLANNING COMMISSION ACTION: (JULY 1, 2010) Mr. Joe White of White-Daters and Associates was present representing the request. There were registered objectors present. Staff presented the item stating the applicant had submitted a request dated June 30, 2010, requesting a deferral of the item to the August 12, 2010, public hearing. Staff stated the deferral request would require a waiver of the Commission’s By-laws with regard to the late deferral request. Staff stated they were supportive of the deferral request. There was no further discussion of the item. A motion was made to approve the By-law waiver with regard to the late deferral request. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. 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 9 ayes, 0 noes and 2 absent. July 1, 2010 ITEM NO.: G FILE NO.: Z-8545 NAME: 7001 Cantrell Road Auto Sales Short-form PCD LOCATION: Located at 7001 Cantrell Road DEVELOPER: Checkered Flag Auto Sport Inc. P.O. Box 241931 Little Rock, AR 72223 ENGINEER: McGetrick and McGetrick Engineers 10 Otter Creek Court, Suite A Little Rock, AR 72210 AREA: 0.47 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: C-3, General Commercial District ALLOWED USES: General Commercial - indoor retail PROPOSED ZONING: PCD PROPOSED USE: Add Auto Sales outdoor display as an allowable use VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The property located at 7001 Cantrell Road was originally constructed as a service station and the fuel canopy and gas pumps are still on the site. The developer is requesting to renovate the property including resurfacing the parking lot and cleaning up the existing landscaped areas to allow the use of the property as a used automobile dealership. The applicant has indicated a maximum of 40 automobiles will be housed on the site at any given time. Within the existing auto bays one (1) bay will be used for detailing of automobiles. The remaining two (2) will be used as showroom and display. The request includes the use of the right of way along Bryant Street as overflow parking for customers and employees. The use of the right of way will require a July 1, 2010 SUBDIVISION ITEM NO.: G (Cont.) FILE NO.: Z-8545 2 franchise agreement with the City of Little Rock to allow the area to be used as overflow parking. B. EXISTING CONDITIONS: The site is a vacant commercial building previously used as a service station. This area has primarily commercial uses fronting Cantrell Road. There are a number of uses including retail, restaurants, office and public uses. To the north and west is multi-family housing. The property immediately west of the site is a City of Little Rock Fire Station and to the east is a shopping center. Cantrell Road is a four lane road constructed with curb, gutter and sidewalks along both sides. The road does not have a center turn lane in this area. Bryant Street is a commercial street constructed with curb and gutter. There is not a sidewalk in place. 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, all residents who could be identified located within 300 feet of the site and the Merriwether Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. A 20 foot radial dedication of right-of-way is required at the intersection of Bryant Street and Cantrell Road. 2. Bryant Street is classified on the Master Street Plan as a collector street. A dedication of right-of-way 30 feet from centerline will be required. 3. A plan is currently being prepared by AHTD to widen Cantrell Road in this area. Right-of-way will be acquired when plans are completed and the project is funded. 4. For the existing improvements located in the dedicated right-of-way, obtain a franchise agreement from Public Works (Bennie Nicolo, 371-4818) for the private improvements located in the right-of-way. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: No comment received. July 1, 2010 SUBDIVISION ITEM NO.: G (Cont.) FILE NO.: Z-8545 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 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 (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW's Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Fire hydrants may be required. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: No comment received. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the West Little Rock Planning District. The Land Use Plan shows Commercial for this property. The applicant has applied for a rezoning from C-3, General Commercial District to Planned Commercial Development for an auto sales business. This area is covered by the Midtown Neighborhood Plan. The Commercial Development states “Improve and increase retail development to meet local demand for goods and service.” This development could provide a new use for a vacant structure. Master Street Plan: Cantrell Road is a Principal Arterial. North Bryant Street is a Collector. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Cantrell Road since it is a Principal Arterial. The primary function July 1, 2010 SUBDIVISION ITEM NO.: G (Cont.) FILE NO.: Z-8545 4 of a Collector Street is to provide a connection from Local Streets to Arterials. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes shown in the immediate vicinity. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. The removal of unnecessary asphalt is both encouraged and appreciated, especially, along Cantrell Road. G. SUBDIVISION COMMITTEE COMMENT: (April 29, 2010) The applicant was present representing the request. Staff presented an overview of the development stating there were a number of outstanding issues in need of addressing prior to the Commission acting on the request. Staff questioned the number of cars proposed for the site. The applicant indicated the site would house 40 to 60 cars but he felt the maximum number would be 40 cars. Staff questioned the use of the service station bays. The applicant stated one (1) bay would be used for detailing and the other two (2) would be used for showroom. Staff questioned if the parking of autos would be within the first 20 feet of the required front yard setback. The developer stated he felt the cars would not be located within the first 20 feet of the front yard setback. Public Works comments were addressed. Staff stated any parking within the right of way would require a franchise agreement with the City. Staff stated a radial dedication was required at the intersection of Cantrell Road and Bryant Street. Staff stated right of way dedication was required on Bryant Street. Staff stated there would not be a required right of way dedication on Cantrell Road at this time since the road was planned for widening by the Highway Department in the near future. Landscaping comments were addressed. Staff stated the site plan was to comply with the City’s Landscape and Buffer Ordinance requirements. Staff also stated the removal of any unnecessary asphalt was both encouraged and appreciated. 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. July 1, 2010 SUBDIVISION ITEM NO.: G (Cont.) FILE NO.: Z-8545 5 H. ANALYSIS: There were no issues raised at the April 29, 2010, Subdivision Committee meeting in need of addressing via a revised site plan. The site is an existing service station and the only modification proposed is the removal of the gas pumps and cosmetic repairs. The structures, paving and existing drives will remain. The cosmetic repairs to be completed include painting and clearing of existing overgrown landscaped areas. No new landscaped areas are proposed. The parking lot will be resurfaced. The site will house four (4) employees. The applicant has not identified the hours of operation. The applicant has indicated a maximum of forty (40) automobiles will be located on the site at any given time. Within the existing auto bays one (1) will be used for detailing of the automobiles for sale and the other two (2) will be used as showroom and display. The request includes the use of the right of way along Bryant Street as overflow parking for customers and employees. The use of the right of way will require a franchise agreement with the City of Little Rock to allow the area to be used as overflow parking. There is to be no off loading of vehicle inventory within the public right of way. All loading and unloading of vehicles must take place on the applicant’s property. The request includes building signage and ground signage. The building signage is proposed as typically allowed in commercial zones or a maximum of ten (10) percent of the façade area abutting the public streets. Ground signage is proposed as typically allowed in commercial zones or a maximum of thirty-six (36) feet in height and one hundred sixty (160) square feet in area. No electronic signage is proposed at this time. The applicant has indicated he does not feel there will be display of vehicles within the first 20 feet of the front yard setback. This portion of Cantrell Road is scheduled for widening in the near future. The roadway is proposed with five (5) lanes and sidewalks on both sides. Additional right of way will be bought from this property owner but staff is not sure of the actual right of way width that will be purchased from this site. The loss of land area to right of way will impact the site and areas allowed for display of automobiles simply based on the number of automobiles the applicant intends to locate on the site. Per the zoning ordinance a minimum of ten percent of the gross planned commercial development shall be designated as landscaped open space not to be used for streets or parking. The applicant is not proposing any additional July 1, 2010 SUBDIVISION ITEM NO.: G (Cont.) FILE NO.: Z-8545 6 landscaping to the site. The applicant has indicated overgrown existing grassed areas will be maintained. Staff is not supportive of the request. Staff feels the display of forty (40) automobiles on this site is too intense. Staff also feels the use of the site with open display is not an appropriate use for the site. The primary uses in the area are office, indoor retail uses and residential uses. Staff feels the outdoor display aspect of the development could potentially impact the adjacent properties. Staff feels the reuse of the site should be more in keeping with the uses as allowed in the current zoning district. I. STAFF RECOMMENDATION: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (MAY 20, 2010) Que Askari was present representing the request. There were no registered objectors present. The Chair stated based on protocol when eight (8) or fewer Commissioners were present the Commission offered the applicant the option of deferral to a later public hearing. The Chair stated since there were six (6) Commissioners present the applicant could request a deferral to the July 1, 2010, public hearing. Mr. Tim Daters requested the item be deferred to the July 1, 2010, public hearing. The Chair entertained a motion for deferral of the item as requested by the applicant. The motion carried by a vote of 6 ayes, 0 noes and 5 absent. STAFF UPDATE: There has been no change to this application request since the previous public hearing. Staff has received a number of phone calls and letters from area property owners indicating their opposition to allow the site to be rezoned for a used car lot. Staff continues to recommend denial of the request. PLANNING COMMISSION ACTION: (JULY 1, 2010) The applicant was not present. There were no registered objectors present. Chairman Yates stated since the applicant was not present the item would be deferred to the August 12, 2010 public hearing to allow the applicant to be present to present his case for the rezoning request. July 1, 2010 SUBDIVISION ITEM NO.: G (Cont.) FILE NO.: Z-8545 7 There was no further discussion of the item. The Chair entertained a motion for approval of deferral of the item to the August 12, 2010 public hearing. The motion carried by a vote of 7 ayes, 0 noes and 4 absent. July 1, 2010 ITEM NO.: H FILE NO.: Z-8546 NAME: Junior Martinez Long-form PID LOCATION: Located at 4200 Hoerner Road DEVELOPER: Junior Martinez C/o Davidson Law Firm Attn. Skip Davidson 724 Garland Street Little Rock, AR 72201 SURVEYOR: Brooks Surveying 20820 Arch Street Pike Hensley, AR 72065 AREA: 12.94 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: I-2, Light Industrial District ALLOWED USES: Industrial PROPOSED ZONING: PID PROPOSED USE: I-2, Light Industrial District – Add Bar, Tavern or Lounge to the allowed uses VARIANCES/WAIVERS REQUESTED: 1. A deferral of the required parking lot paving for the new parking areas for a period of six (6) months after approval by the City or by the ABC Board which ever occurs later. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The request is a rezoning of the site from I-2, Light Industrial District to PID to add a bar, lounge or tavern as an allowable use for the property. The applicant is proposing the use of the property as a Mexican Restaurant and bar. The business will have dancing, live and deejay music and food and alcohol sales. July 1, 2010 SUBDIVISION ITEM NO.: H (Cont.) FILE NO.: Z-8546 2 The hours of operation for the restaurant/bar are proposed as Friday and Saturday nights from 6 pm to 2 am for ages 18 and older. On Sunday the hours of operation will be from 10 am to 6 pm for all ages. A portion of the restaurant/bar will be available for private parties. The site contains approximately 12.94 acres with a total of 127,788 square feet of warehouse/office space. The applicant’s proposed venue would utilize approximately 19,200 square feet on the north end of the building. The remaining space is vacant or occupied by other office/warehouse tenants. An eight (8) foot by fifty (50) foot wood deck will be added at the entrance of the business for outside seating and lounge only. There will be no alcohol or smoking allowed on the deck or anywhere outside the venue. There will be no smoking allowed inside the venue at any time. No permanent sign will be installed on the street. Only a four (4) foot by twelve (12) foot sign will be installed on the west side of the building over the deck and to the left of the entrance at the location. There will be a minimum of one (1) parking space per one hundred (100) square feet of occupied building space for the bar area. Existing parking includes approximately one hundred forty-four (144) parking spaces and forty-nine (49) additional parking spaces are proposed. Access to the site includes one (1) existing entrance from Patterson Road. The applicant is requesting a period of six (6) months from the date of zoning and/or ABC permit approval whichever is later to install the proposed additional paved parking areas and paved access to the parking areas. The proposed use of the site is in violation of the Bill of Assurance for the subdivision. The Bill of Assurance states - The property hereinabove described shall be used only for industrial, manufacturing, warehousing or distribution purposes, and shall not be used for residential purposes. No industry or other business shall be established, maintained or permitted on said lands which produces objectionable smoke, dust or noise other than that normally found in a manufacturing industrial, distribution and warehousing area. B. EXISTING CONDITIONS: The property is located within the 65th Street Industrial area. The property is being used as office/warehouse with various users and there is additional vacant space located in the building. The area is primarily occupied by industrial uses. To the northeast is the City of Little Rock Wastewater Utility overflow detention basin. Further north is the Fourche Creek. The Wakefield and Geyer Springs Neighborhoods are located to the northwest and west of the site. July 1, 2010 SUBDIVISION ITEM NO.: H (Cont.) FILE NO.: Z-8546 3 Hoerner and Patterson Roads have been constructed as industrial streets. There is a railroad spur located along the eastern perimeter of the site. 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, all residents who could be identified located within 300 feet of the site, the Upper Baseline Neighborhood Association, the Wakefield Neighborhood Association, the Geyer Springs Neighborhood Association and the Southwest Little Rock United for Progress were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. A 20 foot radial dedication of right-of-way is required at the intersection of Patterson Road and Hoerner Road. 2. For the fence encroachment in the area of the 20 foot radial dedication, obtain a franchise agreement from Public Works (Bennie Nicolo, 371-4818) for the private improvements located in the right-of-way. 3. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water if additional fire protection or metered water service is required. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the July 1, 2010 SUBDIVISION ITEM NO.: H (Cont.) FILE NO.: Z-8546 4 State of Arkansas and approved by CAW. The test results must be sent to CAW's Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: No comment received. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the 65th Street East Planning District. The Land Use Plan shows Industrial for this property. The applicant has applied for a rezoning from I-2, Light Industrial Distrct to Planned Industrial Development to add a bar, lounge or tavern as an allowable use for the site. The request does not require a change to the Land Use Plan. This area is covered by the Upper Baseline Neighborhood Plan. The Economic Development goal states “Retain existing businesses, and when necessary, find new businesses to replace those that close.” Master Street Plan: Patterson Road is shown as a Collector. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. Hoerner Road is shown as a Local Street. The primary function of a Local Street is to provide access to adjacent properties. Local Streets which are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. These streets have a design standard the same as a Collector. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class III is shown on Patterson Road. A Class III bikeway is a signed route on a street shared with traffic. No additional paving or right-of-way is required. Class III bicycle route signage may be required. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. July 1, 2010 SUBDIVISION ITEM NO.: H (Cont.) FILE NO.: Z-8546 5 2. Trees being planted on the property is both encouraged and appreciated by the City of Little Rock and the City Beautiful Commission. 3. Landscaping will be required in conjunction with any new parking areas. G. SUBDIVISION COMMITTEE COMMENT: (April 29, 2010) Ms. Karen King was present representing the request. Staff presented an overview of the request stating they had concerns as to the use of the site and felt the use was a special events center based on the hours of operation. Staff stated the site could not be leased as a special events center with the current zoning request. Staff questioned how the liquor license and business license would be issued. Ms. King stated the business was a bar business and all licenses would be for a bar. She stated there would be an area available for lease for special occasions but that would not be the sole use of the property. She stated even if there was a private party the bar would be open to other persons as well. Staff stated the bar use of the site would potentially generate a parking demand equal to the existing and proposed new parking. Staff questioned the other users within the building and the parking required to meet their needs. Ms. King stated the other businesses operated from 8 am to 5 pm and were very seldom on site during the hours of operation proposed for the bar. Public Works comments were addressed. Staff stated a radial dedication of right of way was required at the intersection of Patterson and Hoerner Roads. Staff stated they would not support a waiver of the required right of way dedication. Ms. King stated she would contact the owners to discuss the right of way requirement. Landscaping comments were addressed. Staff stated any new parking areas would require landscaping per the Landscape Ordinance. 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: Ms. King submitted a revised site plan and cover letter addressing the issues raised at the April 29, 2010, Subdivision Committee meeting. The property owner now agrees to the radial dedication of right of way at the intersection of Patterson and Hoerner Roads if the zoning request is approved. The revised cover letter states the liquor license will be for a bar use. A license for a restaurant requires a full course meal to be served at least six (6) days per July 1, 2010 SUBDIVISION ITEM NO.: H (Cont.) FILE NO.: Z-8546 6 week. The applicant is proposing the hours of operation to be from 6 pm to 2 am Friday and Saturday nights and from 10 am to 6 pm on Sunday. The applicant has indicated food and alcohol sales will be available for sale and consumption during the business is open. The business will have dancing, live and deejay music in addition to the food and alcohol sales. The site contains approximately 12.94 acres with a total of 127,788 square feet of warehouse/office space. The applicant’s proposed venue would utilize approximately 19,200 square feet on the north end of the building. The remaining space is vacant or occupied by other office/warehouse tenants. Within the 19,200 square feet proposed for occupancy by this user there will have a bar area, a dining area and dance floor. The dining area will contain three (3) areas of 100 feet by 24 feet for a total of 7,200 square feet which can be utilized by large dining parties when customers want to have separation from the general public seating. These areas will not be walled separately but will be open to the remainder of the space and will be available only when the business is open. The request is a rezoning of the site from I-2, Light Industrial District to PID to add a bar, lounge or tavern as an allowable use for the property. The applicant is proposing the use of the property as a Mexican Restaurant and bar. The business will have dancing, live and deejay music and food and alcohol sales. The hours of operation for the restaurant/bar are proposed as Friday and Saturday nights from 6 pm to 2 am for ages 18 and older. On Sunday the hours of operation will be from 10 am to 6 pm for all ages. A portion of the restaurant/bar will be available for private parties. An eight (8) foot by fifty (50) foot wood deck will be added at the entrance of the business for outside seating and lounge only. There will be no alcohol or smoking allowed on the deck or anywhere outside the venue. There will be no smoking allowed inside the venue at any time. No permanent sign will be installed on the street. Only a four (4) foot by twelve (12) foot sign will be installed on the west side of the building over the deck and to the left of the entrance at the location. No electronic signage is proposed. There will be a minimum of one (1) parking place per one hundred (100) square feet of occupied building space of the bar area. The existing parking on site includes approximately one hundred forty-four (144) parking spaces and forty-nine (49) additional parking spaces are proposed. The applicant is requesting a period of six (6) months from the date of zoning and/or ABC permit approval whichever is later to install the proposed additional paved parking areas July 1, 2010 SUBDIVISION ITEM NO.: H (Cont.) FILE NO.: Z-8546 7 and paved access to the parking areas. The zoning ordinance requires all wheeled surfaces to be constructed of a hard surface material. The parking as proposed does not allow for adequate parking for the remaining warehouse space on site. According to the applicant other tenants are warehouse users with minimal office space. The remaining tenants are open during regular business hours. The hours of operation of the other users within the building typically will not overlap. If parking becomes an issue the property owner will require additional parking to be installed per City requirements and subject to City approval. Staff has concerns with the development and the use of the property. Staff feels the proposed use of the property is more in line with a special events center than that of a restaurant/bar based on the hours of operation and the use of the site on Sunday for family activities. Resolution #13,096 adopted by the Little Rock Board of Directors on March 2, 2010, established a six (6) month moratorium stating no applications new or pending at any stage of the planning process shall be granted for a business that will be a special events center as the term is currently used by the Planning and Development Department. Staff has forwarded this item to the City Attorney’s Office to determine if the use of the property is that of a special events center or as the applicant has indicated a restaurant/bar. I. STAFF RECOMMENDATION: Staff recommends deferral of this item to the July 1, 2010, public hearing to allow the City Attorney’s office adequate time to review the request and determine if the use can move forward to the Planning Commission and Board of Directors for final action. PLANNING COMMISSION ACTION: (MAY 20, 2010) Mr. Skip Davidson and Mr. Junior Martinez were present representing the request. Staff presented the item stating their recommendation was to defer the item to the July 1, 2010, public hearing to allow staff time to understand the application request. Staff stated the original application was for a special events center and was modified when staff stated they could not process the request. Staff stated once they raised concerns with the use of the property with a private room for parties this was also removed from the request. Staff stated with the use of the property on Sunday for family activities this increased staff’s concerns that the center would be used as a special events center. Staff stated they continued to request a deferral of the item but if the item was moved forward staff could not support the item based on their not knowing how the site would be used. July 1, 2010 SUBDIVISION ITEM NO.: H (Cont.) FILE NO.: Z-8546 8 Mr. Skip Davidson addressed the Commission on the merits of the request. He stated Mr. Martinez was requesting the use of the building as a bar. He stated the use would not be a special events center. He requested Mr. Martinez provide the Commission with his business plan. Mr. Martinez addressed the Commission stating his business would be a bar. He stated he had been looking for a site for five (5) years to open his business. He stated currently there was nothing in Little Rock like the bar he planned of operate. He stated the business would have live music and dancing. He stated currently he and his wife had to leave Little Rock to find this type entertainment. He stated his business would employ security to provide a safe place for his customers. Mr. Presley Melton addressed the Commission in opposition of the request. He stated his family had been in business since the 1940’s and in the 1980’s it was time to move from downtown Little Rock. He stated a great deal of research went into picking a location for their business. He stated the family settled on the 65th Street Industrial Park because of the look of the park and the bill of assurance for the subdivision. He stated his business was a 24 hour a day business. He stated currently the employees and the vendors felt safe because there were few cars in the area late night. He stated with the introduction of the bar open to 2:00 am this would generate traffic on the area streets that had not been there in the past. He stated with the addition traffic there was a potential for additional crime. He stated the proposed use of the property as a bar was not in keeping with the zoning or the bill of assurance for the subdivision. Ms. Jo Melton addressed the Commission in opposition. She stated the family bought in the 65th Street Industrial Park area because of the bill of assurance for the subdivision. She stated the business was a 24-hour a day 7-day a week business. She stated a number of the vendors would reach the site and have to wait for someone to let them in. She stated currently the vendors were not afraid to stay in the parking lot and wait. She stated with the addition of the bar there would be traffic in the area that might not otherwise be there. She stated if the request was approved then other businesses in the area might also request an exception to the bill of assurance. Mr. Davidson stated the bill of assurance allowed for commercial development. He stated there was a restaurant and bar located in the area. He stated Mr. Martinez would provide security and the bar would only provide one access to the site. He stated parking should not be a concern because if additional parking was required there was sufficient area to pave additional spaces. Chairman Yates stated the Commission was not bound by bills of assurances but could review the bill of assurance when discussing an item. He stated he felt the bill of assurance important and did rely on them when buying and selling property. July 1, 2010 SUBDIVISION ITEM NO.: H (Cont.) FILE NO.: Z-8546 9 Ms. Karen King addressed the Commission. She stated the license Mr. Martinez would operate under would be a bar license that would allow the sale of on premise beer and wine. She stated according to the ABC office this license would allow the sale of beer and wine on Sunday. She stated the bar would not be rented to any one for any event. The bar would be open to the public at all times. There was a general discussion by the Commission concerning the request and staff’s concerns as to the use. The Commission questioned if they could defer an item. Deputy City Attorney Dawson stated the Commission did have the option of deferring the item. A motion was made to defer the item to the July 1, 2010, public hearing. The motion carried by a vote of 6 ayes, 0 noes 5 absent. STAFF UPDATE: There has been no change to this application request since the previous public hearing. It is staff’s opinion the use of the property is a special events center. Based on the use of the property the application should be deferred until after the moratorium has been lifted by the Board of Directors. PLANNING COMMISSION ACTION: (JULY 1, 2010) The applicant was not present. There were registered objectors present. Staff presented the item stating the applicant had submitted a request dated July 1, 2010, requesting a deferral of the item to the August 12, 2010, public hearing. Staff stated the deferral request would require a waiver of the Commission’s By-laws with regard to the late deferral request. Staff stated they were supportive of the deferral request. There was no further discussion of the item. A motion was made to approve the By-law waiver with regard to the late deferral request. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. 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 9 ayes, 0 noes and 2 absent. July 1, 2010 ITEM NO.: 1 FILE NO.: S-867-MMMMMMM NAME: Chenal Valley Phase 18E-2 Revised Preliminary Plat LOCATION: Located on the Northwest corner of Chalamont Drive and Challain Drive DEVELOPER: Deltic Timber Corporation 7 Chenal Club Little Rock, AR 72223 ENGINEER: White-Daters and Associates #24 Rahling Circle Little Rock, AR 72223 AREA: 6.1 acres NUMBER OF LOTS: 20 FT. NEW STREET: 950 LF CURRENT ZONING: R-2, Single-family PLANNING DISTRICT: 19 – Chenal Planning District CENSUS TRACT: 42.11 VARIANCES/WAIVERS REQUESTED: A variance from the Subdivision Ordinance Section 31-256 to allow a reduced building line for Lots 1, 2, 13 and 14 of 10-feet. – All previously approved variances are continued to be requested. BACKGROUND: On December 3, 2009, the Little Rock Planning Commission approved a preliminary plat request to allow the creation of 22 new single-family lots from this 6.1 acre tract located just south of Joe T. Robinson School. The subdivision was proposed with a single access from Chalamont Drive with 950 linear feet of new public street constructed to serve the new lots. A number of variances associated with the proposed preliminary plat were approved. All 20 of the new lots were proposed with a 15-foot front building line and 5-foot side yard setbacks. Lots 1 – 5 were indicated with a lot area less than the typical 7,000 square feet as required by the R-2, Single-family zoning district. The request included a variance from the Master Street Plan to allow a ten percent (10%) grade over the entire length of the entrance street. The request also included a variance from the City’s Land Alteration Ordinance to allow the grading of the lots during the construction of the streets and utilities July 1, 2010 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-867-MMMMMMM 2 A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The site contains 6.1 acres and was approved in December 2009 for 20 residential lots. The purpose of the re-submittal is to reduce the front building setback from 15-feet to 10-feet for Lots 1, 2 13 and 14. The lots are impacted by the ‘hammer head’ turnarounds at the terminus of Chalamont Court. B. EXISTING CONDITIONS: The site has been cleared and the infrastructure is currently being installed. The site is located south of Joe T Robinson School and west of the area private neighborhood clubhouse and pool. The site appears to slope slightly from Chalamont Drive upward to the north. Chalamont Drive is constructed as a collector street with curb and gutter. An entrance access to this site was installed with the construction of Chalamont Drive. The area to the southeast is developed with single-family homes. The area to the west is vacant but was recently final platted for new single-family home construction. South of the site is wooded. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from the area property owners. All property owners abutting the site, the Coalition of West Little Rock Neighborhoods and the Duqesne Place Property Owners Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. The entry street must have a separate street name from the internal street (Chalamont Court). 2. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 3. Since the street is 24 feet in width, show on the plan the area of restricted parking. 4. With site development, provide the design of street conforming to the Master Street Plan. Construct street improvement to Chalamont Court with the planned development. 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 July 1, 2010 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-867-MMMMMMM 3 platting/certificate of occupancy. Contact Traffic Engineering 379-1813 (Steve Philpott) for more information. 6. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). 7. If disturbed area is one (1) or more acres, obtain a NPDES stormwater permit from the Arkansas Department of Environmental Quality prior to the start of construction. 8. Stormwater detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. 9. Staff is in support of the variance for a ten percent (10%) intersection grade. 10. Street improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. 11. Provide a letter prepared by a registered engineer certifying the sight distance at the intersections comply with 2004 AASHTO Green Book standards. 12. The Public Works notes pertaining to street and right-of-way width do not match the widths shown on the plans. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required with easements for this project. Contact Little Rock Wastewater Utility for additional information. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Water main extensions will be required in order to provide 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. Please submit plans for water facilities to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities. Approval of plans by Central Arkansas Water, the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. Fire Department: Fire Hydrants will be required. Contact the Little Rock Fire Department for additional information. July 1, 2010 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-867-MMMMMMM 4 County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (June 10, 2010) Mr. Joe White and Mr. Tim Daters were present representing the request. Staff presented an overview of the request stating a preliminary plat had previously been approved for the site with a 20-foot front building line. Staff stated the current request was to allow a front 20-foot building line on the lots fronting the hammerhead turn arounds. Staff stated the applicant was seeking a 10-foot building line on these lots. Staff stated all previously approved variances including the side and rear yard setbacks of five (5) feet and twenty (20) feet respectively continued to be a part of the requested. Staff noted public works comments and conditions in the December 3, 2009, staff write-up and analysis continued to apply. Staff stated the street name entering the subdivision should be a different name than the internal street. 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: There were no outstanding issues in need of addressing by a revised site plan. The applicant has indicated they will work with Public Works concerning their comments related to the street names within the proposed subdivision. The site contains 6.1 acres and was approved in December 2009 for a 20 lot residential development. The purpose of the revision to the approved preliminary plat is to reduce the front building setback from 15-feet to 10-feet for Lots 1, 2, 13 and 14. There are no other changes to lot configurations or setbacks from the previous approval. July 1, 2010 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-867-MMMMMMM 5 According to the applicant these lots are impacted by the ‘hammer head’ turnarounds at the terminus of Chalamont Court. With the extension of the turnaround extending into the lots the buildable area is greatly impacted. Staff is supportive of the request. Even with allowing the building line to be reduced to ten (10) feet the homes on these lots will be located twenty (20) feet beyond the allowed building setback on the remaining lots. Staff does not feel the allowance of the lesser setback will impact the development. These lots are located at the ends of the street which should limit the amount of traffic in these areas. With the setback as indicated there should be more than adequate room for parking on the individual lots and allow for adequate sight distance when one is exiting their garage. To staff’s knowledge there are no outstanding issues associated with the request. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends approval of the variance request to allow the front building setback to be reduced to ten (10) feet for Lots 1, 2, 13 and 14. All other previously approved variances continue to apply. PLANNING COMMISSION ACTION: (JULY 1, 2010) Mr. Joe White and Mr. Tim Daters and White Daters and Associates were present representing the request. There were no registered objectors present. Staff presented the item was a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff also presented a recommendation of approval of the variance request to allow the front building setback to be reduced to ten (10) feet for Lots 1, 2, 13 and 14 and stated all other previously approved variances continued to apply. 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 9 ayes, 0 noes and 2 absent. July 1, 2010 ITEM NO.: 2 FILE NO.: S-1654 NAME: Williams Addition Preliminary Plat LOCATION: Located on the Southwest corner of 23rd and Walker Streets DEVELOPER: Steve Williams c/o McGetrick and McGetrick Engineers #10 Otter Creek Court, Suite A Little Rock, AR 72210 ENGINEER: McGetrick and McGetrick Engineers #10 Otter Creek Court, Suite A Little Rock, AR 72210 AREA: .62 acres NUMBER OF LOTS: 2 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family PLANNING DISTRICT: 10 – Boyle Park CENSUS TRACT: 24.03 VARIANCES/WAIVERS REQUESTED: None requested. The applicant submitted a request dated June 16, 2010, requesting a deferral of this item to the August 12, 2010, public hearing. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (JULY 1, 2010) Mr. Pat McGetrick of McGetrick and McGetrick Engineers was present representing the request. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated June 16, 2010, requesting a deferral of this item to the August 12, 2010, public hearing. Staff stated they were supportive of the deferral request. July 1, 2010 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1654 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 9 ayes, 0 noes and 2 absent. July 1, 2010 ITEM NO.: 3 FILE NO.: Z-3371-DD NAME: The Shoppes at Colonel Glenn Lots 1A and 1B Lot Split and Zoning Site Plan Review LOCATION: Located on the Northwest corner of Colonel Glenn Road and Brodie Creek Boulevard DEVELOPER: LLEJI, LLC c/o Leonard Bowen P.O. Box 22407 Little Rock, AR 72221 ENGINEER: White-Daters and Associates #24 Rahling Circle Little Rock, AR 72223 AREA: 1.6 acres NUMBER OF LOTS: 2 FT. NEW STREET: 0 LF CURRENT ZONING: C-2, Shopping Center District PLANNING DISTRICT: 11 – I-430 Planning District CENSUS TRACT: 24.05 VARIANCES/WAIVERS REQUESTED: A variance to allow the creation of a lot with acreage less than the acreage typically required per the C-2, Shopping Center Zoning District. (5 acre minimum) A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The request is a subdivision site plan review of property located at the northwest corner of Colonel Glenn Road and Brodie Creek Boulevard. The property is zoned C-2, Shopping Center District and contains 1.6 acres. The owner desires to subdivide the property to allow the development of the site with two (2) uses with drive-through service. Access will be taken at the rear of the property off Brodie Creek Boulevard. An additional right-in/right-out drive will be located near the front of the property to aid in facilitation of the drive-through service and July 1, 2010 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-3371-DD 2 eliminate cars back tracking through the site in order to exit onto Bordie Creek Boulevard and ultimately Colonel Glenn Road. There is no driveway proposed off Colonel Glenn Road. The request for the two (2) lots will require a variance from the zoning district for lots less than the five (5) acre minimum. The variance will allow each building to stand on it’s own lot which will facilitate financing and development of the property whether as a sale or ground lease. B. EXISTING CONDITIONS: The site was cleared of trees a number of years ago. A portion of Brodie Creek Boulevard has been constructed but the street has not been inspected or accepted by the City as a public street. There are a number of non-residential uses in the area including an automobile dealership, a movie theater, a nursing school and a strip office/showroom/warehouse development. Further southwest of the site is a public school, Fair High School, located on David O Dodd Road. Northwest of the site are single-family homes located along South Bowman Road and West 36th Street. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a few informational phone calls 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. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. A 50-foot radial dedication of right-of-way is required at the intersection of Colonel Glenn Road and Brodie Creek Boulevard. 2. Brodie Creek Boulevard cannot be used as a street name at this location. Staff has spoken with representatives of the development team and agreed Bowman Glenn Plaza Drive was not an acceptable street name. 3. The drive-thru on Lot 1B should be redesigned to provide more stacking space on the private property. 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. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. July 1, 2010 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-3371-DD 3 6. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). 7. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 8. Stormwater detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. 9. If disturbed area is one (1) or more acres, obtain a NPDES stormwater permit from the Arkansas Department of Environmental Quality prior to the start of construction. 10. Damage to public and private property due to hauling operations or operation of construction related equipment from a nearby construction site shall be repaired by the responsible party prior to issuance of a certificate of occupancy. 11. Additional lanes are needed to be added in each direction of Colonel Glenn Road. These improvements are located off site which the developer was not typically required to install. In the previous applications, the applicant proposed to add an additional lane along Colonel Glenn Road from the southbound exit ramp of I-430 at Colonel Glenn to Brodie Creek Boulevard intersection. 12. Coordinate design of traffic signal upgrade with proposed street improvements. Plans to be forwarded to Traffic Engineering for approval. 13. Existing Brodie Creek Boulevard has never been inspected for public use as a public street by Public Works staff. 14. If not already in existence, streetlights are required by Section 31-403 of the Little Rock code. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting/certificate of occupancy. Contact Traffic Engineering 379-1813 (Steve Philpott) for more information. 15. In the previous approved application, the applicant proposed a financial contribution of up to $100,000 to go toward first, a traffic signal at the Colonel Glenn Road and Brodie Creek Boulevard intersection and then any or all widening of Colonel Glenn Road or other additional lanes in the interchange. 16. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. 17. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. July 1, 2010 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-3371-DD 4 E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Existing six inch (6”) sewer main located west of this property is a private sewer service and cannot be used for sewer service to Lot 1A. Contact Little Rock Wastewater Utility for additional information. Entergy: A ten foot under ground utility easement or a 20-foot overhead utility easement is required along all property lines. 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. Lot 1A will need a main extension to be served. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer's expense. Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. Contact Central Arkansas Water regarding the size and location of the water meter. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW's Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. July 1, 2010 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-3371-DD 5 CATA: The site is not located on a dedicated CATA Bus Route. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. The street buffer should average 19.8 feet and in no case less than one-half. 3. The landscape ordinance requires a minimum landscape strip of nine (9) feet adjacent to paved areas. 4. A small amount of building landscaping will be required at the time of development. G. SUBDIVISION COMMITTEE COMMENT: (June 10, 2010) Mr. Joe White and Mr. Tim Daters were present representing the request. Staff presented an overview of the development stating there were a number of outstanding technical issues in need of addressing related to the proposed site plan. Staff questioned the location of the order board and speaker for the drive-through restaurants. Staff also questioned the location of the dumpster located on Lot 1B stating they did not feel the proposed location would function correctly. Staff questioned the percentage of building coverage and the percentage of landscaped area proposed for the lots. Staff stated the parking stalls needed to reflect a minimum depth of 20-feet and the drive isle also needed to be a minimum of 20 feet. Public Works comments were addressed. Staff stated a 50 foot radial dedication was required at the intersection of Colonel Glenn Road and Brodie Creek Boulevard. Staff stated the drive-through lane for Lot 1B was to be redesigned to allow for adequate stacking. Staff questioned when the previous financial contribution for off site improvements would be made to the City. Mr. Daters stated when one of the lots to the north developed, the $100,000.00 contribution would be provided to the City. Landscaping comments were addressed. Staff stated street buffers and interior landscaping would be required to comply with the zoning and buffer ordinance July 1, 2010 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-3371-DD 6 and the landscape ordinance. Staff stated a small amount of building landscaping would also be required at the time of development. 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 issues raised at the June 10, 2010, Subdivision Committee meeting. The revised plan has relocated the dumpster on Lot 1B, indicated the order board and speaker locations and provided the proper dimensioning of the parking stalls and drive lanes. A note has been included on the site plan providing the percentage of building coverage and the percentage of landscaped area proposed for the lots. The revised plan also indicates the drive through lanes with proper stacking to not back traffic onto the adjacent City street. The property is zoned C-2, Shopping Center District and contains 1.6 acres. The request is to allow the subdivision of the property into two (2) lots and a zoning site plan review of the development of these two (2) lots with two (2) restaurants with drive-through service. Access will be taken at the rear of the property off Brodie Creek Boulevard. A right-in/right-out drive is located near the front of the property to aid in facilitation of the drive-through service. No driveway is proposed off Colonel Glenn Road. Staff is supportive of the drives as indicated. Lot 1A is proposed containing 0.84 acres and Lot 1B containing 0.79 acres. The building proposed on Lot 1A is 2,100 square feet and the building located on Lot 1B is proposed containing 3,050 square feet. Lot 1A is indicated containing 5.74 percent building coverage and 37.3 percent landscape area. Lot 1B is proposed containing 8.86 percent building coverage and 33.2 percent landscape area. The parking proposed on Lot 1A is 41 spaces. The site plan indicates the placement of an outdoor seating area in addition to the 2,100 square foot building. Lot 1B is indicated with 36 parking spaces to serve the 3,050 square foot building. Each of the drive through lanes is indicated with a dual entrance lane extending to the order board narrowing to a single lane after orders are placed. Signage is indicated to comply with signage typically allowed in commercial zones. Each of the lots is requesting the placement of a thirty-six (36) foot high one hundred sixty (160) square foot in area sign located along Colonel Glenn July 1, 2010 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-3371-DD 7 Road. Building signage will comply with signage allowed in commercial zones or a maximum of ten (10) percent of the façade area on the façade abutting a public street. The request for the two (2) lots will require a variance from the zoning district to allow lots less than the five (5) acre minimum. According to the applicant the variance will allow each building to stand on it’s own lot which will facilitate financing and development of the property. The Commission may approve lot sizes less than the five (5) acre minimum when reviewing an overall site development plan for a larger area. Although this site is not a part of the overall development located to the north once the entire area is developed these lots will feel a part of the northern development. To staff’s knowledge there are no outstanding issues associated with the request. Staff is supportive of the request. Staff does not feel the variance request to allow the creation of lots with an area less than typically allowed per the zoning district will adversely impact the development or the area. To the north and east similar size lots were approved with the overall development plan of the Village at Brodie Creek. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends approval of the variance request to allow the creation of the two (2) lots with an area less than typically allowed per the zoning ordinance. PLANNING COMMISSION ACTION: (JULY 1, 2010) Mr. Joe White and Mr. Tim Daters and White Daters and Associates were present representing the request. There were no registered objectors present. Staff presented the item was a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff also presented a recommendation of approval of the variance request to allow the creation of the two (2) lots with an area less than typically allowed per the zoning ordinance. 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 9 ayes, 0 noes and 2 absent. July 1, 2010 ITEM NO.: 4 FILE NO.: Z-2332-D NAME: Markham and Pine 2008, LLC Revised Short-form PCD LOCATION: Located at 117 South Cedar Street DEVELOPER: Markham & Pine 2008 LLC 7718 Flintridge Road Little Rock, AR 72210 ENGINEER: Blaylock Threet Engineers, Inc 1501 Market Street Little Rock, AR 72211 AREA: 0.207 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: PCD ALLOWED USES: Walgreen Drug Store and Office PROPOSED ZONING: Revised PCD PROPOSED USE: Walgreen Drug Store, Office and Restaurant VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: Ordinance No. 19,957 adopted by the Little Rock Board of Directors on May 6, 2008, rezoned the site from R-3, O-3 and C-3 to PCD to allow the redevelopment of the site with a mixed use, office and commercial, development. The existing structures located on the site were to be demoed with the exception of the office building located on the southwest corner of the property. As a part of the proposal the developers sought an amendment to the City’s Future Land Use Plan as a separate item (File No. LU08-09- 01). The request was to amend the plan from Low Density Residential to Mixed Use. This request was approved by the Board of Directors through the adoption of Ordinance July 1, 2010 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-2332-D 2 No. 19,956 also approved on May 6, 2008. The Board of Directors also approved an easement abandonment and alley vacation via the adoption of Ordinance No. 19,964 approved on May 6, 2008. The mixed use PCD included two (2) proposed lots for the City block encompassed by West Markham Street, Plateau Street, South Pine Street and South Cedar Street. The first lot was redeveloped to accommodate a new Walgreen Drug store. Additional right of way for public streets was dedicated and landscaping was installed to meet the City of Little Rock ordinance requirements. An enhanced landscape strip was provided along Pine Street that included fencing to shield the headlights of automobiles pulling into spaces fronting South Pine Street. This provided a buffer to the residential uses across the street. The second lot was to be used for office space. The developers maintained the existing building and parking on this lot. All existing utilities were relocated along the alley which had been vacated. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is now proposing to amend the PCD zoning for Lot 2 to allow the addition of restaurant as an allowable use for this lot. The applicant has indicated a Subway Sandwich Shop desires to use the existing ‘office building’ located on the site. The total square footage of the lot is 9,026 square feet. The building contains approximately 1,500 square feet. The site was recently improved in conjunction with the Walgreen development which surrounds the property. Improvements include ADA accessibility, parking lot overlay and new landscaping. There are fifteen (15) parking stalls located on Lot 2 to serve the proposed new use. B. EXISTING CONDITIONS: The northern portion of the site has redeveloped with the Walgreen Store. This structure is located on the southwestern portion of the site and has driveway access from South Cedar Street and Plateau Street. Other uses in the area to the west are the UAMS Medical Campus, a Burger King and further west is a City of Little Rock Fire Station. To the south are residential units, a number of which are owned by UAMS. According to UAMS Campus Operations the long range plan indicates the properties to the south are being acquired for future realignment of the Cedar/Pine Street corridor bordering the UAMS Campus. East of the site are single-family residences with an apartment building located to the northeast fronting West Markham Street. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a few informational phone calls from area residents. All property owners located within 200-feet of the site, all residents, July 1, 2010 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-2332-D 3 who could be identified, located within 300-feet of the site, the Hillcrest Residents Neighborhood Association and the Capitol View Stifft Station Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Contact Little Rock Wastewater Utility concerning grease trap requirements. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: No objection. Contact Central Arkansas Water if additional fire protection or metered water service is required. All Central Arkansas Water requirements in effect at the time of request for water service must be met. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW's Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Approved as submitted. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. Parks and Recreation: No comment received. July 1, 2010 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-2332-D 4 F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the I-630 Planning District. The Land Use Plan shows Mixed Use for this property. The applicant has applied for a revised Planned Commercial Development to allow the use of the 1,500 square foot building as a sandwich shop. The Mixed Use land use category requires the Planned Zoning District process be used for any non-residential development. This area is covered by the Capitol View/Stifft Station Neighborhood Action Plan, but the Plan does not address commercial development. Master Street Plan: Cedar Street is a Collector. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class III is shown on Cedar Street. A Class III bikeway is a signed route on a street shared with traffic. No additional paving or right-of-way is required. Class III bicycle route signage may be required. Landscape: No comment on the change in use of the existing building utilizing the existing parking. G. SUBDIVISION COMMITTEE COMMENT: (June 10, 2010) Mr. Randy Frazier was present representing the applicant. Staff provided an overview of the request stating there were few outstanding issues associated with the request. Staff questioned the proposed signage including ground and building signage. Staff questioned if the signage would have an electronic reader board. Staff stated Public Works comments were limited. Staff stated the development would be required to repair any broken curb, gutter or sidewalk that was damaged in the public right of way prior to occupancy. Staff stated there were no additional landscaped comments since the request was to change use with no modifications to the existing parking or building footprint. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. July 1, 2010 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-2332-D 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 provided staff with the signage plan for the restaurant user proposed for this site. Building signage is proposed with a maximum of ten (10) percent of the facade area on the west and south facades of the building or along South Cedar and Plateau Streets. A single ground sign is proposed with a maximum height of eight (8) feet and a maximum sign area of one hundred (100) square feet. The sign is not proposed with a reader board. The site is developed and all parking and landscaping were installed with the development of the new Walgreen store. The approved uses for the site were the Walgreen store and an office use for the smaller building located at the intersection of South Cedar and Plateau Streets. The request is to amend the allowed uses for this building (Lot 2) only and to add a restaurant use as an allowable use for this building. There are no exterior modifications proposed for the building or parking area. Along with the 1,500 square foot building there are 15 parking spaces located on Lot 2. The parking as indicated on Lot 2 is adequate to serve a restaurant use. To staff’s knowledge there are no outstanding issues associated with the request. Staff feels the change in use to allow a restaurant within the smaller building should not significantly impact the development or the area. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. PLANNING COMMISSION ACTION: (JULY 1, 2010) Mr. Jeff Nichols 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. 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 8 ayes, 0 noes, 2 absent and 1 recusal (Jeff Yates). July 1, 2010 ITEM NO.: 5 FILE NO.: Z-3419-E NAME: A Cut Above Revised Short-form PCD LOCATION: Located at 302 North Shackleford Road DEVELOPER: Lynda Bowers and Associates 650 Edgewood Drive Maumelle, AR 72113 SURVEYOR: Arrow Surveying 550 Edgewood Drive, Suite 592B Maumelle, AR 72113 AREA: 0.42 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: PCD ALLOWED USES: O-3, General Office District uses, Deli/Restaurant and Beauty Salon PROPOSED ZONING: Revised PCD PROPOSED USE: O-3, General Office District uses, Deli/Restaurant and Beauty Salon – Add C-2, Shopping Center District uses as allowable uses VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: On November 10, 2005, the Little Rock Planning Commission denied a request to rezone the site from O-3, General Office District and R-2, Single-family to PCD to allow the construction of a second building on the site and to utilize C-2, Shopping Center District uses as allowable uses for the site. The proposal included the development of 28,224 square feet of total land area and involved the construction of a second building on the site containing 3,444 square feet. Thirty parking spaces were proposed to serve the development. No new curb cuts were proposed as a result of the development. The existing curb cuts along Beverly Hills Drive and Shackleford Road would continue to provide access to the development. July 1, 2010 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-3419-E 2 The Little Rock Planning Commission reviewed a request for rezoning at their September 14, 2006, public hearing. The applicant was requesting to rezone the site from O-3, General Office District to PCD to allow C-2, Shopping Center District uses as allowable uses on the site. During the public hearing before the Commission the applicant amended the request to limit the uses to O-3, General Office District uses, a Deli/Restaurant and a Beauty Salon and to limit the hours of operation to 10:00 am to 8:00 pm daily. The hours of dumpster service were also limited to daylight hours. The Commission denied this request. The recommendation of denial was appealed to the Board of Directors. The Board of Directors approved the amended application request limiting the hours of operation and the proposed uses of the site on December 5, 2006, with the adoption of Ordinance No. 19,648. Ordinance No. 20,116 adopted by the Little Rock Board of Directors on June 2, 2009 allowed a modification to the PCD to extend the hours of operation for the site. The hours approved were from 6:00 am to 10:30 pm Sunday through Thursday and from 6:00 am to 11:00 pm Friday and Saturday. No other modifications to the previous approval were proposed with the request. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is now proposing to amend the request to add C-2, Shopping Center District uses as allowable uses for the site. The building contains 3,232 square feet. The restaurant/deli occupied approximately 2,430 square feet of the building with approximately 800 square feet remaining vacant. The applicant has indicated a number of retail users have approached the owner in the past requesting to locate within the building including a cellular telephone business. There are no other modifications proposed to the previous approvals. B. EXISTING CONDITIONS: The site contains a commercial building with a restaurant occupying a portion of the building and the remainder of the space is vacant. There are commercial businesses located to the east across Shackleford Road including a grocery store and restaurants. To the west is a single-family subdivision. There is a veterinarian clinic and daycare center located to the north of the site and further north of the site is an elementary school. Northeast of the site is a large church campus. July 1, 2010 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-3419-E 3 C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a few informational phone calls from area residents. All property owners located within 200 feet, all residents, who could be identified, located within 300 feet of the site and the Beverly Hills Property Owners 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 Beverly Hills Drive for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 2. Sidewalks with appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. Additional sidewalk should be provided west of the driveway. 3. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this site. Entergy: A fifteen foot (15’) overhead utility easement is required along the northern, eastern and southern perimeters. Contact Entergy for additional information. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are 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 (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW's Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. July 1, 2010 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-3419-E 4 Fire Department: The development may require additional fire hydrants. 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 Rodney Parham Planning District. The Land Use Plan shows Residential Low Density for this property. The applicant has applied for a revision to a previously approved Planned Commercial Development to allow the use of the entire site for retail and/or restaurant uses. Commercial uses are not typically allowed in the Residential Low Density category, however this is a revision to a previously approved PCD. The Walnut Valley Neighborhood Action Plan covers this location. The Community Redevelopment Goal states the need to “maintain and reinvigorate existing retail areas to provide active retail for local residents.” Master Street Plan: North Shackleford Road is shown as a Collector on the plan. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. These streets may require dedication of right-of-way and may require street improvements. Bicycle Plan: Existing or proposed Class I, II, or III Bikeways are not in the immediate vicinity of the development. Landscape: No comment on the change in use of the existing building utilizing the existing parking. G. SUBDIVISION COMMITTEE COMMENT: (June 10, 2010) Ms. Lynda Bowers was present representing the request. Staff presented an overview of the development stating the current request was to allow the entire building as a commercial or retail uses. Staff stated the building contained approximately 3,200 square feet of which a restaurant currently occupying 2,400 square feet. Staff stated the previous approval limited the remaining 800 square feet to an O-3, General Office use or a barber/beauty shop use. Staff stated the applicant was now seeking to expand the allowed uses for the 800 square feet to a retail use as identified in the C-2, Shopping Center District. July 1, 2010 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-3419-E 5 Public Works comments were addressed. Staff stated the previous approval required a dedication of right of way on Beverly Hills Drive and the construction of sidewalks along the property frontage on Beverly Hills Drive. Staff stated the dedication nor sidewalk construction had been completed. Staff requested these improvements be completed in a timely manner. Staff stated there were no additional landscaping requirements due to the request being a change in use. Staff stated any modifications to the site and/or parking would possibly require additional landscaping to be installed. 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: A revised site plan was not required to address the issues raised at the June 10, 2010, Subdivision Committee meeting. The request is to allow this 3,232 square foot building to be used for commercial uses including the allowance of the entire building as a restaurant or multiple restaurant uses. Currently a restaurant occupies approximately 2,430 square feet of the building and approximately 800 square feet is vacant. The applicant has indicated the current user is a cellular phone dealer but does not desire to limit the use of the vacant portion of the building for this user. The request is to allow the use of the entire building for “retail uses”. The applicant has indicated C-2, Shopping Center District uses are desired as allowable uses. Staff is not supportive of the request. Originally the site was zoned O-3, General Office District with a conditional use permit to allow a beauty salon on the site. The property to the north is zoned O-3, General Office District and the property on the corner of Mara Lynn and Shcakleford Road is zoned O-1, Quiet Office District. The office zoning allows for a buffer between the single-family homes located to the west and Shackleford Road as well as the commercial activities located on the east side of Shackleford Road. Staff feels the requirement for the office portion of the development to allow this buffering should be maintained. In addition the site is shown as Single Family on the City’s Future Land Use Plan even though the property is zoned non-residentially. In the 2006 filing the Future Land Use Plan was studied for this property and it was determined by the Commission to not allow a Plan Amendment and to maintain the Single Family designation on the Future Land Use Plan even though the commercial aspect of the development was approved. Staff feels the rezoning of the site to allow the July 1, 2010 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-3419-E 6 entire site as a commercial use will potentially cause other non-commercial properties in the area to request a rezoning for their use with commercial activities. Again staff feels the residential neighborhood to the west should be protected and the commercial activities not be approved for this site. I. STAFF RECOMMENDATION: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (JULY 1, 2010) Ms. Lynda Bowers was present representing the request. There were no registered objectors present. Staff presented the item stating they were not in support of allowing the site to become a commercial center. Staff stated the applicant was requesting C-2 uses but had eliminated a number of the allowed uses under this zoning district. Staff stated the applicant had removed from the request a bar, lounge or tavern, beverage store, establishment of religious, charitable or philanthropic organizations, private club with dining or bar service. Staff stated the request did include the conditional uses in the C-2 zoning district excluding a carwash, high rise multi-family, multi-family dwellings and a service station with limited motor vehicle repair Ms. Lynda Bowers addressed the Commission stating the building was originally constructed as a quick shop and later turned into an insurance agency. She stated presently there was a restaurant occupying just over 2,000 square feet of the building and 800 square feet was vacant. She stated it was difficult to lease the remaining 800 square feet to an office user. She stated the desire was to allow a quiet commercial user in the space. She stated most recently a T-Mobile cellular phone store had requested to lease the space. A letter from the League of Women Voters was read into the record stating they were not in support of allowing the site to become a commercial center. The League stated the adjacent neighborhood should be protected against the nearby commercial uses and that office served as a buffer between the commercial and residential uses. There was a general discussion by the Commission and Ms. Bowers concerning the uses of the site and the open ended ness of allowing all the indicated C-2 uses. Ms. Bowers stated a number of the uses would not locate on the site because the space was to small for a number of users. The Commission questioned staff as to if there was a retail use that could be supported. Staff stated they were not willing to support a commercial development on this corner adjacent to a residential neighborhood. There was no further discussion of the item. The chair entertained a motion of approval of the item. The motion failed by a vote of 0 ayes, 7 noes and 4 absent. July 1, 2010 ITEM NO.: 6 FILE NO.: Z-5427-C NAME: Huffman Office Warehouse Short-form POD LOCATION: Located on the Southeast corner of Kanis Road and Cherry Brook Drive DEVELOPER: Brandon Huffman H & W Architects c/o William Wiedower 319 President Clinton Avenue Little Rock, AR 72201 ARCHITECT: William Wiedower H & W Architects 319 President Clinton Avenue Little Rock, AR 72201 ENGINEER: White-Daters and Associates #24 Rahling Circle Little Rock, AR 72221 AREA: .89 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: O-3, General Office District ALLOWED USES: General Office PROPOSED ZONING: POD PROPOSED USE: O-3, General Office District Uses and Office Warehouse VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: A Conditional Use Permit to allow the construction of a two phased development containing a 21 space parking lot to serve the adjacent PCD zoned July 1, 2010 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-5427-C 2 office/showroom/warehouse and future construction of an office building and additional parking was approved by the Little Rock Planning Commission on August 7, 2003. Neither phase of the development occurred. On June 3, 2010, a request for a Conditional Use Permit to allow the development of the site as an office warehouse use was withdrawn by the Planning Commission at the applicant’s request. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is now proposing to develop the site with an office warehouse to serve a general contractor. The building is indicated containing a 4,200 square foot office building and 8,500 square foot warehouse building. Access to the site will be limited to Cherry Brook Drive. B. EXISTING CONDITIONS: The site is undeveloped and wooded. There is an office/showroom warehouse use located to the east which is a documents company. The property to the North is zoned O-3, General Commercial District and C-3, General Commercial District and is currently vacant. West of the site is an office use on O-3, General Office District zoned property. South of the site are single-family homes contained within the Cherry Brook Subdivision. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a few informational phone calls from area residents. All property owners located within 200-feet of the site, all property owners who could be identified located within 300 feet of the site and the Gibralter Heights/Point West/Timber Ridge Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. At the time of development, the handicap access ramp should be relocated parallel to Kanis Road to direct pedestrians across Cherry Brook Drive. 2. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. July 1, 2010 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-5427-C 3 3. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The driveway spacing on a minor arterial street is 300 feet from intersections. The driveway off Kanis Road should be removed. The width of driveway must not exceed 36 feet. 4. If disturbed area is one (1) or more acres, obtain a NPDES stormwater permit from the Arkansas Department of Environmental Quality prior to the start of construction. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: A 15 foot overhead utility easement is required along the eastern perimeter and a 20-foot overhead utility easement is required along Kanis Road. 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. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer's expense. Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. 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. A CIC main charge will apply to all connections off of the main in Kanis Road. This fee will apply to all connections including metered connections off the private fire system. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW's Cross Connection Section within July 1, 2010 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-5427-C 4 ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Place fire hydrants per code. 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 Suburban Office for this property. The applicant has applied for a rezoning from O-3 to Planned Office Development to allow the development of the site with an office warehouse building. The Suburban Office category requires the use of a Planned Office Development so as to assure compatibility with adjacent or close residential uses. This area is not covered by a City of Little Rock recognized Neighborhood Plan. Master Street Plan: Kanis Road is a Minor Arterial. 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 since it is a Minor Arterial. Cherry Brook Drive is a Local Street. The primary function of a Local Street is to provide access to adjacent properties. Local Streets which are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. These streets have a design standard the same as a Collector. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes proposed in the immediate vicinity. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. The zoning buffer ordinance requires sixteen (16) foot wide land use buffer along the southern property line next to the residentially zoned property. Seventy percent (70%) of this area must remain undisturbed. July 1, 2010 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-5427-C 5 3. The zoning buffer ordinance requires an average nine (9) foot street buffer along Cherry Brook Drive. 4. The parking lot should be no more than sixty (60) foot in width, allowing for the minimal nine (9) foot wide perimeter landscape strip. 5. The zoning buffer ordinance requires an average sixteen (16) foot wide street buffer along Kanis Road. 6. The Landscape Ordinance requires a nine (9) foot wide perimeter landscape strip around the sites entirety. A variance from the City Beautiful Commission must be obtained prior to the issuance of a building permit. 7. A small amount of building landscape will be required. 8. Interior landscaping requirements are required to be located within the proposed parking area. This minimum requirement is calculated at eight percent (8%) of the paved surfaced areas. These interior islands must be a minimum of seven foot, six inches in width (7’-6”) and a minimum of one hundred and fifty (150) square feet in area for credit towards the landscape ordinance requirements. 9. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the southern perimeter of the site. Credit towards fulfilling this requirement can be given for existing trees and undergrowth that satisfies this year-around requirement. 10. Prior to the issuance of a building permit a landscape plan must be approved. 11. 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 properly preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (June 10, 2010) The applicant was not present. Staff presented the item to the Committee members stating there were a few outstanding technical issues associated with the request. Staff stated they would contact the applicant and discuss their concerns prior to the item being forwarded to the Commission for final action. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing a number of the concerns related to the Subdivision Committee comments. The applicant has July 1, 2010 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-5427-C 6 removed the drive located on Kanis Road, provided staff with building elevations and removed the outdoor storage area from the site plan. The applicant has not identified signage but has indicated all signage will comply with typical signage allowed in office zones. The zoning ordinance typically allows the placement of a ground mounted sign with a maximum height of six (6) feet and a maximum sign area of sixty-four (64) square feet. Building signage is limited to ten (10) percent of the façade area where abutting a public street. The applicant has relocated the dumpster from the southern perimeter to along Kanis Road. The dumpster is located within the front building setback along the street side. Section 36-298(2) states no dumpster shall be located within the front yard setback area. The dumpster is also located within the nine (9) foot landscape strip located along the eastern perimeter. The development is proposed as an office warehouse development containing 4,200 square feet of office space and 8,500 square feet of warehouse space. The ordinance would typically require the placement of nineteen (19) parking spaces. The site plan indicates the placement of twenty-six (26) parking spaces. The property is currently zoned O-3, General Office District which typically requires the placement of a 25-foot front building setback and a 15-foot rear building setback. The setbacks as proposed comply with typical ordinance standards. The site plan includes within the setback a land use buffer also indicated at 15-feet. A note on the site plan states within the buffer area efforts will be made to retain a number of the existing trees. The plan indicates a six (6) foot opaque fence will be installed along the southern perimeter. Along the eastern perimeter a 15-foot building setback and landscape buffer is indicated. Within this area a six (6) foot opaque fence will be installed. The applicant has indicated within this perimeter efforts will also be made to retain the existing vegetation. The street buffers and setbacks are indicated adequate to comply with the minimum ordinance standards. All site lighting is to be directional, directed downward and into the site. The site plan indicates the building coverage of 33 percent and landscape coverage of 24 percent. The maximum building height is indicated at 32 feet 9 inches. A note on the plan indicates the hours of operation from 8 am to 5 pm Monday through Friday. The maximum number of employees is 50. Due to the driveway spacing requirement on commercial streets of 250 feet between driveways and 125 feet from property lines, only one (1) driveway will be allowed off Cherry Brook Drive to access the property. The revised plan has removed the driveway location on Kanis Road. July 1, 2010 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-5427-C 7 The applicant has submitted building elevations. Along the two (2) street sides and the southern façade no metal will be visible. The construction is proposed as EIFS and fiber cement siding. Staff is not supportive of the request. Staff feels the development has the feel more of a light industrial development than an office use. In addition the site plan indicates the placement of overhead doors along the west façade of the building near the southern perimeter of the property adjacent to a single-family home where it appears all the heavy activity will be taking place. The site is indicated as Suburban Office on the City’s Future Land Use Plan. This category is to provide for low intensity development of office or office parks in close proximity to lower density residential areas. The Suburban Office category requires the use of a Planned Office Development when property is not zoned according to the proposed use so as to assure compatibility with adjacent or close residential uses. Although the architects have done an adequate job in designing a building with breaks in the façade to limit the massing of the structure and indicated materials to not be a metal building. Staff does not feel the development has the look and feel of a suburban office development. I. STAFF RECOMMENDATION: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (JULY 1, 2010) Mr. Bill Wiedower was present representing the applicant. There was one registered objector present. Staff presented the item with a recommendation of denial. Mr. Wiedower presented the Commission with a revised site plan and elevation drawing indicating the office space had been increased and the warehouse space decreased. He stated the current plan indicated 2/3rds office and 1/3rd warehouse space. He stated the applicant would occupy office space and lease the remainder of the office space to a tenant. He stated the warehouse space was necessary to accommodate tools and equipment the owner needed to carry out his business. He stated the overall height had been decreased to 22 feet. He stated the elevations provided for a three (3) sided building and had the look and feel of an office building. Mr. Jeff Hathaway addressed the Commission in opposition of the request. He stated he owned the office building across Cherry Brook Drive and felt a warehouse activity was not appropriate for the site. He stated the land use plan indicated the site for suburban office which was not warehousing activities. He stated 4,000 square feet of warehousing space was an intense warehouse use. He stated his concern was the July 1, 2010 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-5427-C 8 long term and if potential users of his building would want to occupy office space if there was warehousing activities located across the street. Mr. Wiedower stated to the east of the site was an office warehouse building and adjacent to that site was a mini-warehouse development. He stated to the southeast were additional warehouse units. He stated the warehousing activity was not critical to his client but some amount of space was necessary to house tools and equipment. He stated only a small portion of the building would be used for warehousing and the space would be such that should an office user locate on the site the space could easily be converted to office space. Mr. Hathaway stated the O-3 zoned property located on the corners of Cherry Brook Drive and Kanis Road were good transitional areas to the intense commercial uses located at Kanis and Bowman Roads. There was a general discussion by the Commission and Mr. Wiedower as to the proposed development and the use of the property. The Commission once again questioned the need for warehouse space. Mr. Wiedower stated a small amount of space was necessary for the owner to store tools and equipment. The Commission questioned staff if they were supportive of the redesign of the building. Staff stated they had not had the opportunity to review the plan and could not provide a recommendation on the revised plan on such short notice. The Commission questioned Mr. Wiedower as to if he would like to defer the item to allow staff additional time to review the request. Mr. Wiedower stated he was willing to defer the item to work with staff. A motion was made to approve the deferral request. The motion carried by a vote of 7 ayes, 0 noes and 4 absent. July 1, 2010 ITEM NO.: 7 FILE NO.: Z-5936-J NAME: Champagnolle Office Village Long-form POD LOCATION: Located on the Northwest corner of Champagnolle Drive and Rahling Road DEVELOPER: Deltic Timber Corporation 7 Chenal Club Little Rock, AR 72223 ENGINEER: White-Daters and Associates #24 Rahling Circle Little Rock, AR 72223 AREA: 7.90 acres NUMBER OF LOTS: 14 FT. NEW STREET: 500 LF CURRENT ZONING: O-2, Office and Institutional District, R-2, Single-family and OS, Open Space ALLOWED USES: Office and Institutional Uses PROPOSED ZONING: POD PROPOSED USE: Medical Office VARIANCES/WAIVERS REQUESTED: 1. A variance from the Land Alteration Ordinance to allow advanced grading of selected lots with the issuance of a building permit for one of the lots within the phase. 2. A variance from Sections 30-43 and 31-210 to allow the drive located on Lot 1 to be located nearer the intersection than typically allowed. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The request is a rezoning from O-2, Office and Institutional to Planned Office Development (POD) to allow the site to develop with an office development July 1, 2010 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-5936-J 2 containing fourteen (14) lots. The project contains 7.90 acres. The lots range in size from 0.44 acres to 0.76 acres. The average lot size is 0.45 acres. The development contains two (2) new public streets containing 500 linear feet. The request includes a variance from the Land Alteration Ordinance to allow grading of portions of the site with the issuance of a building permit for one (1) of the lots within the graded area. The developer has indicated Lots 1 – 6 will be cleared with the construction of Champagnolle Village Circle. Lots 7 – 14 will be cleared with the construction of Champagnolle Village Court. The request also includes a variance from the Master Street Plan and the Subdivision Ordinance to allow the driveway located on Lot 1 to be located nearer the intersection of Rahling Road and Champagnolle Drive than typically allowed. B. EXISTING CONDITIONS: The site is heavily wooded with a significant amount of undergrowth. The abutting streets have been constructed along with the required sidewalks. The property to the south is undeveloped and zoned C-1, Neighborhood Commercial and C-2, Shopping Center District. This site is also wooded. The property across Rahling Road was recently rezoned to PCD and POD to allow the development of an office development and hospital to serve as St. Vincent’s West Campus. Along the western boundary and northern boundary are strips zoned OS, Open Space. These areas are located within creeks/drainage structures. Other uses in the area include a community park, the Promenade Shopping Center and office uses. To the west of the site is a gated single-family neighborhood, served by Witry Court and further west are additional single-family homes located within the Bascum Neighborhood. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a few informational phone calls from area residents. All property owners located within 200-feet, all residents, who could be identified, located within 300-feet of the site, the Bascom Place POA, the Witry Court Neighborhood Association and the Coalition of West Little Rock Neighborhoods were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. All driveways shall be concrete aprons per City Ordinance. 2. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. July 1, 2010 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-5936-J 3 3. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). 4. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 5. Stormwater detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. 6. If disturbed area is one (1) or more acres, obtain a NPDES stormwater permit from the Arkansas Department of Environmental Quality prior to the start of construction. 7. Street improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. 8. A special Grading Permit for Flood Hazard Areas will be required per Section 8-283 prior to construction. 9. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. Champagolle Drive is classified as a collector street. Driveway spacing on a collector street is 250 feet from an intersection. The east driveway for Lot 1 should be removed. 10. The western driveway for Lot 14 should be moved to align with the driveway for the neighborhood pool. 11. Due to concerns with traffic entering the exit side of the proposed street, Champagnolle Village Circle should be redesigned into a cul de sac street. A landscaped median can be installed in the center of the cul de sac. 12. Provide a letter prepared by a registered engineer certifying the sight distance at the intersections comply with 2004 AASHTO Green Book standards. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required with easements for the project. Contact the Little Rock Wastewater Utility for additional information. Entergy: A ten foot (10’) under ground utility easement is required along the project perimeters and along the indicated streets and drives. Contact Entergy at 954-5151 for additional information Center-Point Energy: No comment received. July 1, 2010 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-5936-J 4 AT & T: No comment received. Central Arkansas Water: An easement is needed for the 12-inch water main on the east side of the development. Additionally the easement is shown incorrectly on the plans. 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. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer's expense. Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. Contact Central Arkansas Water regarding the size and location of the water meter. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW's Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: Place fire hydrants per code. 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. July 1, 2010 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-5936-J 5 F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Chenal Planning District. The Land Use Plan shows Suburban Office for this property. The applicant has applied for a rezoning to Planned Office Development to allow 14 lots with an individual building on each lot. The Suburban Office category requires the use of a Planned Office Development so as to assure compatibility with adjacent or close residential use. This area is not covered by a City of Little Rock recognized Neighborhood Plan. Master Street Plan: Rahling Road is a Minor Arterial. 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 Rahling Road since it is a Minor Arterial. Champagnolle Drive is a Collector. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class I bikeway is shown along Rahling Road. A Class I bikeway is built separate from or alongside a road. Additional paving and right of way may be required. A Class II is shown along Champagnolle Drive. A Class II bikeway is located on the street as either a 5’ shoulder or six foot marked bike lane. Additional paving and right of way may be required. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. The site is being reviewed as an overall development plan. With the issuance of a building permit a landscape plan stamped with the seal of a registered landscape architect will be required. 3. An automatic irrigation system to water landscaped areas will be required. 4. The Landscape Ordinance requires a nine (9) foot wide perimeter landscape strip around the sites entirety and along the individual lot lines. 5. A small amount of building landscape will be required. 6. Interior landscaping is required to be located within the proposed parking area. This minimum requirement is calculated at eight percent (8%) of the paved surfaced areas. These interior islands must be a minimum of seven foot, six inches in width (7’-6”) and a minimum of one hundred and fifty (150) square foot in area for credit towards the landscape ordinance requirements. July 1, 2010 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-5936-J 6 7. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the northern and western perimeters of the site. Credit towards fulfilling this requirement can be given for existing trees and undergrowth that satisfies this year-around requirement. 8. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance. G. SUBDIVISION COMMITTEE COMMENT: (June 10, 2010) Mr. Joe White and Mr. Tim Daters were present representing the request. Staff presented the item stating there were a number of outstanding technical issues associated with the request. Staff questioned the percentage of building coverage, the percentage of landscape area and the percentage of paving proposed for each of the lots within the development. Staff stated along the common property lines a minimum landscape strip of nine (9) feet was required. Staff requested the maximum building height be included in the general notes section of the site plan. Public Works comments were addressed. Staff stated the drives and street construction widths did not comply with the Master Street Plan or the Subdivision Ordinance. Staff stated the driveway located on Lot 1 did not comply with the minimum driveway spacing criteria. Staff stated the drive should be located no closer than 250 feet from the intersection. Staff stated the street design of Champagnolle Village Circle should be redesigned as a cul de sac allowing the entrance to not exceed 36 feet. Staff stated the western most drive located on Lot 14 should be redesigned to align with the drive located on the south side of Champagnolle Drive. Staff stated the stormwater detention ordinance would apply to development of the site. Staff also stated a special grading permit would be required adjacent to the indicated floodway. Landscaping comments were addressed. Staff stated the site was being reviewed as an overall development which would then require irrigation on each of the individual lots at the time of development. Staff stated a landscape plan would also be required at the time of development of the individual lots. Staff stated screening was required along the northern and western perimeters where adjacent to residentially zoned or used property. Staff stated the screening requirement could be met by the maintaining the existing vegetation within these areas. 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. July 1, 2010 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-5936-J 7 H. ANALYSIS: The applicant submitted a revised site plan to staff addressing a few of the issues raised at the June 10, 2010, Subdivision Committee meeting. The applicant has indicated the percentage of building coverage, the percentage of landscape area and the percentage of paving proposed for each of the lots. The revised plan also includes a minimum landscape strip of nine (9) feet along the common property lines where adjacent to paved areas. A note on the site plan indicates the maximum building height as 35-feet. The development is proposed with 15.9 percent building coverage and 50.3 percent landscaped area. The site contains 7.89 acres and is proposed with development of 14 office lots. The average lot size proposed is 150 feet by 130 feet or 0.45 acres. Two (2) new public streets, Champagnolle Village Circle and Champagnolle Village Court, will serve several of the lots. A total of 500 linear feet of new public street is proposed. The developer has indicated three (3) of the lots will be served by two (2) curb cuts from Champagnolle Drive. The site plan indicates the site will develop with office users including medical office users. The buildings range in size from just under 4,000 square feet to a little over 6,000 square feet. Each of the lots is proposed with individual parking areas to serve the office user. Based on the zoning ordinance for a medical office six (6) spaces per doctor or dentist is typically required. The applicant has not indicated the number of medical staff within each of the buildings. It appears most of the offices would allow for two (2) doctors within each building. Signage has not been addressed. Staff would recommend signage be limited to ground mounted signage not to exceed six (6) feet in height and sixty-four (64) square feet in area. Staff would recommend building signage be limited to a maximum of ten (10) percent of the front façade where abutting a public street. A number of the buildings do not face or front onto a dedicated public street. Staff recommends these buildings be allowed signage on the front façade not to exceed ten (10) percent of the front façade area. The request also includes a variance from the Master Street Plan and the Subdivision Ordinance to allow the driveway located on Lot 1 to be located nearer the intersection of Rahling Road and Champagnolle Drive than typically allowed. Champagnolle Drive is indicated on the Master Street Plan as a collector street. The minimum driveway spacing on a collector street is 250 feet from an intersection. The drive is indicated 130 feet from the intersection of Rahling Road. Staff is not supportive of this variance request. July 1, 2010 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-5936-J 8 The request also includes a variance from the Land Alteration Ordinance to allow grading of portions of the site with the issuance of a building permit for one of the lots within the graded area. The developer has indicated Lots 1 – 6 will be cleared with the construction of Champagnolle Village Circle. Lots 7 – 14 will be cleared with the construction of Champagnolle Village Court. Staff is supportive of the Land Alteration variance request. Staff is generally supportive of the project but cannot support the variance request for the driveway on Lot 1. Staff feels the drive in this location will cause sight distance problems and potentially stacking of automobiles onto Rahling Road. Staff feels the site plan should be redesigned to eliminate this variance request or at a minimum locate the drive further from the intersection to closer comply with the typical ordinance standards. I. STAFF RECOMMENDATION: Staff recommends denial of the request as filed. PLANNING COMMISSION ACTION: (JULY 1, 2010) Mr. Tim Daters of White-Daters and Associates was present representing the request. There was one person present who wished to address the Commission with concerns. Staff presented the item with a recommendation of approval of the request and the requested variance from the Subdivision and Master Street Plan Ordinances and the Land Alteration Ordinance. Staff stated the drive located on Lot 1 had been relocated from Champognlle Drive to Rahling Road. Staff stated the drive was located nearer the intersection than allowed per the Subdivision and Master Street Plan Ordinances. Staff stated they were supportive of the drive as indicated. Staff stated the request to advance grade included the grading of phases as they developed. Staff stated Lots 1 – 6 would be cleared with the construction of Champagnolle Village Circle and Lots 7 – 14 with the construction of Champagnolle Village Court. Mr. Tim Daters of White Daters and Associates addressed the Commission on the merits of the request. He stated the development was proposed as a 14-lot office development with quiet office users. He stated the developers were agreeable to signage as proposed by staff in the agenda write-up. Ms. Beth McReynolds addressed the Commission with concerns. She stated when she and her husband bought their home they spoke with their real estate agent concerning the use of this property since it would boarder their back yard. She stated they were told the area would be a dedicated green space and further over would be office uses. She stated a few years ago the developers had met with the neighborhood concerning a rezoning request and agreements had been reached on the zoning based on buffering July 1, 2010 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-5936-J 9 of adjacent properties. She stated the subdivision had since requested their street to become a private street and at the time they petitioned the City for the street to become private the neighborhood was told any drainage problems would be their own and the City would not be responsible for repairs. She stated the neighborhood did not want to support any development that would cause drainage problems within the subdivision. Ms. McReynolds stated she was concerned over the traffic a development of this intensity would create. She stated if the office buildings were vacant or no one was at the business during the evening this could become a hangout for partying and drinking. She stated this was a common occurrence at the neighborhood park. She questioned if the development could be gated to help alleviate this problem. Ms. McReynolds stated the neighborhood was concerned with headlights from the parking lot shining into the back yards and homes in her neighborhood. She stated there was a 150-foot buffer located between the homes and the proposed development but she felt headlights would still impact the residents. She requested the developer’s install and six (6) foot structure constructed of brick and/or stone along the lot line of Lots 10-14. Mr. Bill Spivey addressed the Commission stating the developers and the neighborhood both wanted the same outcome. He stated Deltic had installed a traffic calming device on Champagnolle Drive near the entrance to the pool to aid in slowing traffic. He stated if additional traffic calming devices were necessary Deltic would consider installing additional pedestrian tables. Mr. Spivey stated the distance of the buffer between Witry and the development was 150-feet. He stated of this 100-feet would remain undisturbed and 50-feet would be within the proposed development area. He stated this was more than adequate to screen any potential car headlights from the adjacent residents. Mr. Spivey stated gating of the development would not work. He stated a number of the users might be medical office users and it would be possible someone might needed to access their site after hours for whatever reason. He stated the development was not proposed as spec office space. He stated the development was proposed as a planned development to ensure compatibility with the neighborhood. He stated the developers understood if the building footprint changed or the overall development pattern was changed the then the development would have to be reviewed by the Commission again for compliance and approval. There was a brief discussion by the Commission of the request. A motion was made to approve the request for the Land Alteration Variance request. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. A motion was made to approve the rezoning request and the variance associated with the Subdivision and Master Street Plan Ordinances related to the driveway location on Rahling Road. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. July 1, 2010 ITEM NO.: 8 FILE NO.: Z-6178-J NAME: Stagecoach Village Revised Short-form POD – Lots 1, 2 and 3 LOCATION: Located on the Northwest corner of Stagecoach Village Drive and Stagecoach Road DEVELOPER: Bud and Stewart Finley P.O. Box 10 Bryant, AR ENGINEER: White-Daters and Associates #24 Rahling Circle Little Rock, AR 72223 AREA: 3.25 acres NUMBER OF LOTS: 6 FT. NEW STREET: 0 LF CURRENT ZONING: POD ALLOWED USES: O-2, Office and Institutional and C-2, Shopping Center District uses PROPOSED ZONING: POD PROPOSED USE: O-3, General Office District and C-3, General Commercial District uses VARIANCES/WAIVERS REQUESTED: A variance from Sections 30-43 and 31-210 to allow the drive located on Stagecoach Road to be located nearer the intersection than typically allowed. BACKGROUND: On September 5, 2000, the Board of Directors approved Ordinance No. 18,342 establishing Stagecoach Village (Lot 4) Short-form PCD. The applicant proposed to construct a 3,600 square foot branch bank building and a 9,000 square foot commercial building and 54 parking spaces. At the time of approval, the applicant proposed to convert the bank building into a commercial building (C-2, Shopping Center District uses) if a bank tenant could not be secured. Along with the approved PCD a July 1, 2010 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-6178-J 2 preliminary plat was created containing four (4) lots. Only Lot 4 was rezoned to PCD with the approval. The remaining lots were to be reviewed at the time of development. The site plan for Lot 4 was later revised (June 26, 2001) at staff level to remove the bank building from the site plan and the commercial building square footage was increased to 10,800 square feet. The applicant proposed the building to be used as 80% commercial (C-2, Shopping Center District uses) and 20% office (general and professional). The hours of operation were from 8:00 am to 10:00 pm Monday through Saturday and 10:00 am to 6:00 pm on Sunday. The sign area approved for Lot 4 was to be a maximum of eight (8) feet in height and eighty (80) square feet in area. The sign was to be a monument style ground mounted sign. On March 21, 2000, the Board of Directors adopted Ordinance No. 18,234, which rezoned Lot 2 from R-2, Single-family to PCD. C-2, Shopping Center District uses were approved for the property, with the uses for the entire development being tied to the preliminary plat application approved on September 5, 2000. As a part of the proposal the applicant proposed to utilize the existing 3,230 square foot building on Lot 2 and construct 15 parking spaces to serve the building. The existing driveway from Stagecoach Road was approved to serve Lot 2 temporarily, until the new street for the subdivision was constructed. At that time the existing driveway would be closed and a shared drive between Lots 2 and 3 would be used. The timing of the new street construction was tied to the preliminary plat and the final platting of Lot 3 or 4, or the development of the larger single-family tract located to the west. Ordinance No. 18,340 rezoned Lot 2 from PCD to POD and was approved by the Little Rock Board of Directors on September 5, 2000. The applicant requested to use the existing building for O-3, General Office District uses as permitted uses for Lot 2. (The applicant requested C-2, Shopping Center District uses as permitted uses for Lots 1 and 4 and O-3, General Office District uses permitted uses for Lots 2 and 3.) The applicant also agreed to a single-ground mounted monument style sign six (6) feet in height and a maximum of sixty-four (64) square feet in area to be constructed on Lot 2. The hours of operation for Lot 2 were approved as 8:00 am to 9:00 pm and there were to be no external pay phones, ice machines, vending machines or speakers. The applicant was to remove the existing access drive from Stagecoach Road to Lot 2 when Stagecoach Village Drive was constructed. The area was to be replaced with landscaping. The drive has not been removed. Ordinance No. 18,836 adopted by the Little Rock Board of Directors on March 18, 2003, amended the PCD and POD related to signage. The applicant requested to recognize the existing pole mounted sign located on Lot 4 along with subdivision identification signs which had been constructed located on Lots 2 and 4. The applicant also July 1, 2010 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-6178-J 3 requested a ground mounted monument style sign to be located on Lots 2 and 4. The signage plan consisted of Stagecoach Village Subdivision identification signs (one located on the northeast corner of Lot 2 on Stagecoach Village Drive and one located on Lot 4 on the southeast corner of Stagecoach Village Drive) and an existing pole mounted backlit tenant identification sign located on Lot 4. The approval limited the lighting of the sign to 8:00 am to 10:00 pm Monday through Saturday and 10:00 am to 6:00 pm on Sunday. A six (6) foot by sixty-four (64) square foot ground mounted monument style sign for the future uses of Lot 2 was also approved. Ordinance No. 19,141 adopted by the Little Rock Board of Directors on July 20, 2004, allowed a revision to the approved POD by allowing the redevelopment of the site and expanding the area of approval to include properties to the north and west previously indicated as proposed Lots 1 and 3. The approval allowed Lot 3 to be created as smaller office tracts with a common parking area. A maximum building envelope was approved for Lots 3A through 3D. The total square footage developed was to be based on the available parking. O-3, General Office District uses were approved as allowable uses for the proposed lots. The site plan also included a maximum building area for Lot 1. The approved uses were per the C-2, Shopping Center District. The request included leaving the existing office building located on Lot 2 with O-3, General Office District uses as alternative uses for Lot 2. The development did not occur and the approval has since expired. On April 8, 2010, an application request to allow the site to be used as a daycare facility was withdrawn from consideration without prejudice at the applicant’s request. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The request is now to revise the Planned Office Development to allow Lots 1, 2, and 3 to be reconfigured and developed in a different development pattern than previously approved. Lot 1 is proposed developed with a future commercial use as allowed per the C-2, Shopping Center Zoning District. The request is to allow Lot 2 to remain as is with the existing office building and be allowed O-3, General Office District uses as allowable uses. Lot 3 is proposed containing four (4) office buildings each containing from 5,000 to 6,000 square feet. Drives and parking areas are indicated as cross access and parking. The request includes a variance from the Master Street Plan and the Subdivision Ordinance (Sections 30-43 and 31-210) to allow the drive indicated on Stagecoach Road with a spacing less than typically allowed per the ordinances. B. EXISTING CONDITIONS: Lot 4 of the site is developed as a strip retail center and is located on the south side of Stagecoach Village Drive. The property being considered for July 1, 2010 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-6178-J 4 redevelopment is located on the north side of Stagecoach Village Drive and contains three (3) lots from the originally approved site plan. Lot 2 contains a vacant office building most recently used as a real estate office and Lots 1 and 3 are currently undeveloped. A residential development has been constructed to the west of the site as a gated community of patio homes. Across Stagecoach Road is a restaurant and 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, all residents, who could be identified, located within 300 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. Stagecoach Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. 2. A 20-foot radial dedication of right-of-way is required at the intersection of Stagecoach Road and Stagecoach Village Drive. 3. Sidewalks with appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. Sidewalk should also be installed along the property access and utility easements. 4. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 5. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). 6. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 7. Stormwater detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. 8. 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. July 1, 2010 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-6178-J 5 9. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. 10. On site striping and signage plans should be forwarded to Public Works, Traffic Engineering for approval with the site development package. 11. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The driveway spacing on a minor arterial street is 300 feet from an intersection and 150 feet from the nearest property line. The width of driveway must not exceed 36 feet. For additional questions or assistance, please contact Bill Henry, Traffic Engineering, at 379-1816. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required with easements for this project. Contact Little Rock Wastewater Utility for additional information. Entergy: A ten foot (10’) under ground utility easement or a 20-foot overhead utility easement is required along all property lines. 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. A Capital Investment Charge based on the size of connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections off the main parallel to Stagecoach Road, including metered connections off a private fire system. A water main extension and additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the water facilities. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. 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. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW's Cross Connection Section within July 1, 2010 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-6178-J 6 ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Place fire hydrants per code. 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 Otter Creek Planning District. The Land Use Plan shows Mixed Use for this property. The applicant has applied for a revision to a previously approved Planned Office Development to allow a mixture of office and one commercial use. Mixed Use allows for a combination of office and commercial uses with the Planned Development process. This area is covered by the Otter Creek Neighborhood Plan. Their Office and Commercial Development goal states: “To promote commercial and office development that meets the needs of area residents for shopping and services, maintains as much of the existing topography, trees, and green space as possible, and enhances the primarily residential character of the community.” Master Street Plan: Stagecoach Road is a Minor Arterial. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Stagecoach Road since it is a Minor Arterial. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Stagecoach Village Drive is a Local Street. The primary function of a Local Street is to provide access to adjacent properties. Local Streets which are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. These streets have a design standard the same as a Collector. Bicycle Plan: A Class II bikeway is shown along Stagecoach Road. A Class II bikeway is located on the street as either a 5’ shoulder or six foot marked bike lane. Additional paving and right of way may be required. July 1, 2010 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-6178-J 7 Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. The site is being reviewed as an overall development plan. With the issuance of a building permit a landscape plan stamped with the seal of a registered landscape architect will be required. 3. An automatic irrigation system to water landscaped areas will be required. 4. The Landscape Ordinance requires a nine (9) foot wide perimeter landscape strip around the sites entirety and along common property lines. 5. A small amount of building landscape will be required. 6. Interior landscaping requirements are required to be located within the proposed parking area. This minimum requirement is calculated at eight percent (8%) of the paved surfaced areas. These interior islands must be a minimum of seven foot, six inches in width (7’-6”) and a minimum of one hundred and fifty (150) square foot in area for credit towards the landscape ordinance requirements. 7. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the northern and western perimeters of the site. Credit towards fulfilling this requirement can be given for existing trees and undergrowth that satisfies this year-around requirement. G. SUBDIVISION COMMITTEE COMMENT: (June 10, 2010) Mr. Joe White and Mr. Tim Daters were present representing the request. Staff presented an overview of the request stating there were a number of outstanding issues associated with the request. Staff requested the percentage of building coverage, percentage of landscape area and percentage of paved areas be included in the general notes of the site plan. Staff also requested the days and hours of dumpster service be included in the general notes section of the site plan. Staff stated the location of any proposed fencing should be included on the site plan along with a note indicating the total height and construction material. Staff questioned the proposed uses of the commercial aspect of the development. Staff questioned if the office uses included the allowance of the ten (10) percent accessory uses as typically allowed in the O-3, General Office Zoning District. Public Works comments were addressed. Staff stated dedication of right of way on Stagecoach Road was required at the time of building permit. Staff also stated a 20 foot radial dedication of right of way was required at the intersection July 1, 2010 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-6178-J 8 of Stagecoach Road and Stagecoach Village Drive. Staff stated sidewalks with appropriate handicap ramps were required to be installed along the abutting streets and along the common internal drives. Staff stated the stormwater detention ordinance would apply to the development of the site. Staff stated the driveway located on Stagecoach Road did not comply with the spacing criteria per the Master Street Plan and the Subdivision Ordinance. Staff stated the driveway was to be located a minimum of 300 feet from the intersection. Landscaping comments were addressed. Staff stated a minimum landscape strip of nine (9) feet was required along the common property lines. Staff stated screening was required along the western and northern perimeters where adjacent to residentially zoned or used property. Staff stated an automatic irrigation system to water landscape areas would be required for each of the individual lots as well as a landscape plan stamped with the seal of a registered landscape architect. 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 a number of the issues raised at the Subdivision Committee meeting. The revised plan indicates the percentage of building coverage, percentage of landscape area and percentage of paved areas. The hours of dumpster service have been noted on the site plan. The revised plan indicates proposed fencing and construction materials. The request does include the allowance of ten (10) percent of the gross square footage of the office buildings as an accessory use as identified in the O-3, General Office Zoning District. The current development is proposed to divide three (3) of the previously approved lots into six (6) lots to development with a mix of O-3, General Office District and C-3, General Commercial District uses. Lot 1 is indicated for future development. The total building square footage allowed on this lot will be dictated by the amount of office square footage developed within the approved POD and the required parking for the use. The percentage of commercial building space must not exceed forty-nine (49) percent of the total square footage approved for the overall site. The requested uses are those as allowed in the C-3, General Commercial Zoning District. The request includes the placement of a pylon sign maximum allowed by ordinance. The lot is proposed for commercial development which would allow a sign thirty-six July 1, 2010 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-6178-J 9 (36) feet in height and one hundred sixty (160) square feet in area. Building signage will be limited to that allowed in commercial zones or a maximum of ten (10) percent of the front façade area. Lot 2 contains an existing building and parking. The lot is indicated with two (2) sign locations. One located on Stagecoach Road at the intersection with the proposed new drive. The second located on Stagecoach Village Drive. Both indicate the size as maximum allowed by ordinance. The property is being developed as a POD. Signage will be limited to sign sizes as allowed in office zones or a maximum of six (6) feet in height and sixty-four (64) square feet in area. Building signage will be allowed as a maximum of ten (10) percent of the façade area abutting the public streets. The uses are those listed in the O-3, General Office Zoning District and those as allowed in the C-3, General Commercial Zoning District. Staff is not supportive of allow commercial activities on this lot without first knowing the use or how Lot 1 will develop. Lot 3 is proposed to be divided into four (4) smaller office lots. The lot area for Lot 3A is 0.49 acres. Lot 3A is proposed containing a building with 4,860 square feet and 29 parking spaces. The total building coverage proposed is 22.6 percent and the total landscape area is 20.8 percent. Lot 3B is indicated containing 0.55 acres. The building square footage proposed for this lot is 6,200 square feet. The building coverage proposed is 26.1 and 34.2 percent of the site will be landscaped. Lot 3C is indicated containing 0.49 acres. The building is proposed on Lot 3C containing 5,500 square feet. The lot will provide 20 parking spaces. A total of 25.7 percent of the site will be covered by building and 20.1 percent of the site is proposed with landscape. Lot 3D is indicated containing 0.51 acres. The maximum building area is 5,000 square feet. A total of 28 parking spaces are proposed for this lot. The building coverage is proposed as 22.6 percent and the landscape area is indicated at 21.6 percent. The requested uses on these lots are those as identified in the O-3, General Office Zoning District within each building. The request includes the allowance of ten (10) percent of the gross square footage of the building as an allowable accessory use in the O-3, General Office Zoning District. A ground sign six (6) feet in height and sixty-four (64) square feet in area will be located on each of the lots. Building signage will be limited to that allowed in office zones or a maximum of ten (10) percent of the front façade area. Not all buildings will have public street frontage. Each of the buildings will be allowed signage on their front façade. The days and hours of operation for the office uses is 6 am to 10 pm daily. No hours of operation for the commercial uses was provided. The hours of dumpster service are limited to daylight hours only. The request includes to be allowed to light signage during normal business hours of the user. July 1, 2010 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-6178-J 10 The development will be served by two (2) drives. One located on Stagecoach Road and the second on Stagecoach Village Drive. The existing drive located on Stagecoach Road will be relocated to the north further away from the intersection. The drive is located approximately 140 feet from the intersection. The drive will require a variance from the Master Street Plan and the Subdivision Ordinance to allow a variance in the driveway spacing criteria. The driveway spacing on a minor arterial street is 300 feet from an intersection and 150 feet from the nearest property line. Staff is supportive of the driveway as indicated. The site indicates the placement of a six (6) foot opaque fence along the sites western and northern perimeters where adjacent to residentially zoned or used property. The applicant has indicated should the property to the north develop non-residentially the screening will be removed. The site plan indicated with ample area to provide the required land use and street buffers. The interior landscape strip adjacent to the lot lines within the parking areas located on Lot 3 (Lots 3A – 3D) is not adequate to meet the Landscape Ordinance requirements. The landscaping as indicated on the individual lot lines where adjacent to paved areas will require approval from the City Beautiful Commission prior to the issuance of a building permit. Staff is generally supportive of the development and the proposed use mix of the site but staff is not supportive of the reduced landscape strip located along the property lines within the parking lot area. Staff would recommend prior to the Commission acting on the request the applicant seek approval from the City Beautiful Commission concerning the Landscape Ordinance Variance request to determine if the site plan as proposed is buildable. I. STAFF RECOMMENDATION: Staff recommends denial of the request as filed. PLANNING COMMISSION ACTION: (JULY 1, 2010) Mr. Joe White of White Daters and Associates was present representing the request. There were no registered objectors present. Staff presented the item stating the applicant had amended the site plan to include the required landscape strip along the common lot lines of the four (4) lots proposed for Lot 3 (Lots 3A – 3D). Staff stated the applicant had indicated the rear of the buildings located along Stagecoach Village Drive would be constructed with materials other than metal siding. Staff stated the mechanical equipment would be adequately screened to not allow the equipment to be viewed from the adjacent street. Staff stated there would also be plantings placed in the July 1, 2010 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-6178-J 11 rear of the buildings located along Stagecoach Village Drive to soften the façade of the building. Staff stated based on the revised plan they were now supportive of the request. Staff stated to their knowledge there are no outstanding issues associated with the request. Staff presented a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. 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 9 ayes, 0 noes and 2 absent. July 1, 2010 ITEM NO.: 9 FILE NO.: Z-6323-P NAME: The Village at Rahling Road Revised Long-form PCD LOCATION: Located on the Southeast corner of Rahling Road and Chenal Parkway DEVELOPER: Deltic Timber Corporation 7 Chenal Club Little Rock, AR 72223 ENGINEER: White-Daters and Associates #24 Rahling Circle Little Rock, AR 72223 AREA: 8.749 acres NUMBER OF LOTS: 5 FT. NEW STREET: 0 LF CURRENT ZONING: PCD ALLOWED USES: Shopping Center PROPOSED ZONING: PCD PROPOSED USE: Shopping Center – Change lot lines and eliminate a previously identified Tract along Chenal Parkway VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: Ordinance No. 17,542 rezoned 33.274 acres from C-2, Shopping Center District to PCD to allow the development of a mixed use shopping center with C-2, Shopping Center District uses as allowed uses. Four (4) buildings were indicated on what was coined Lot 1. The site plan included twelve (12) lots and a landscape buffer held in a tract located along Chenal Parkway. A design manual was included with the approval which included standards for roof pitch, sidewalks, parking lots, landscaping, setbacks etc. A July 1, 2010 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-6323-P 2 number of revisions to the previously approved PCD have occurred. The rear portion has developed with office uses. The retail center has been constructed along Rahling Road. The lots on the western perimeter have not developed. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The developer is proposing to reconfigure Lots 3 through 7 of the previously approved PCD in order to gain frontage along Chenal Parkway. Tract A which was designated on the original PCD as a landscape buffer will be incorporated into the adjacent lots. This will give these lots frontage along Chenal Parkway and in turn allow signage and visibility for these lots from the Parkway. As the area has developed over the past 15 years, it has become more important for users to have signage and visibility along Chenal Parkway in order to attract shoppers. As evidenced by the development along the west side of Chenal Parkway by the Promenade, Bank of the Ozarks and Chenal Woods developments, all recent developments of various zonings that have felt the importance of signage and visibility by passing traffic. In the marketing of Lots 3 through 7 in the Village at Rahling Road, perspective buyers have expressed concern with the inability to have signage along Chenal Parkway. Currently, Lots 3 through 7 are the only undeveloped lots within the development. It is Deltic’s belief that the inability to market these lots affectively is the lack of signage and visibility from the Chenal Parkway corridor. B. EXISTING CONDITIONS: The site was cleared with the original development but a growth of new pines has started along the western portion of the lot area. The landscape buffer area has trees and under growth which blocks the view of Chenal Parkway. The area is developing with office uses along the perimeter of Rahling Circle. The commercial building has been constructed fronting Rahling Road. The area contains residential, commercial and office zoning and uses. Across Chenal Parkway is the Promenade at Chenal shopping center. To the north of the site across Rahling Road is a wooded site zoned C-3, General Commercial District. East of the development is a multi-family apartment development. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a few informational phone calls from area residents. All property owners located within 200-feet of the site, all residents who could be identified located within 300 feet of the site and the Coalition of West Little Rock Neighborhoods were notified of the public hearing. July 1, 2010 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-6323-P 3 D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Sidewalks with appropriate handicap ramps are required to be installed along Chenal Parkway in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. 2. With the new proposed development, the proposed private driveway should be 36 feet wide near Chenal Parkway and then taper to 31 feet wide closer to the development. 3. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 4. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). 5. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 6. Stormwater detention ordinance applies to this property. 7. If disturbed area is one (1) or more acres, obtain a NPDES stormwater permit from the Arkansas Department of Environmental Quality prior to the start of construction. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extensions required with easements to serve Lot 3 of this project. Contact Little Rock Wastewater Utility for additional information. Entergy: A ten-foot (10’) under ground utility easement is required along all property lines. 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. 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 July 1, 2010 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-6323-P 4 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 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. 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 Chenal Planning District. The Land Use Plan shows Commercial for this property. The applicant has applied for a revision to a previously approved PCD to allow the modification of the lot lines abutting Chenal Parkway to extend to the street right of way eliminating a previously identified Tract. There is no ‘land use issue’ with this application. This area is not covered by a Neighborhood Plan. Master Street Plan: Chenal Parkway is a Principal Arterial. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Chenal since it is a Principal Arterial. Rahling Road is a Minor Arterial. 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 Rahling Road since it is a Minor Arterial. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: Class I bikeways are shown on Chenal Parkway and Rahling Road. A Class I bikeway is built separate from or alongside a road. Additional paving and right of way may be required. July 1, 2010 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-6323-P 5 Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. G. SUBDIVISION COMMITTEE COMMENT: (June 10, 2010) Mr. Joe White and Mr. Tim Daters were present representing the request. Staff stated there were few outstanding issues in need of addressing related to the request. Staff stated the request was to eliminate a tract previously identified on the site plan and extend the lot lines for the lots abutting Chenal Parkway to the edge of the right of way. Staff requested details of the proposed signage including total height, area and construction materials. Staff questioned the treatment and any allowed clearing within the landscape easement indicated on the site plan. Public Works comments were noted. Staff stated the comments were related to the development of Lot 7 and the proposed access drive extending from Chenal Parkway to Rahling Road. 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 cover letter indicating their intent for clearing in the previously identified landscape buffer area and the proposed signage plan. The request is to allow the clearing of trees six inch (6”) in diameter and smaller, undergrowth and to raise the canopies of larger trees. The signage plan includes development signs and two (2) project signs. The development sign is located on the corner of Chenal Parkway and Rahling Road. The sign will be a decorative sign to identify the shopping center. The construction will be of masonry and precast to match main buildings at the Village at Rahling Road. The size is approximate size is 95’ length and 4.5’ high. The entire area of the face will not be covered with signage. The two (2) project signs are indicated on the site plan located along Chenal Parkway. One is located mid-way from the intersection of the Parkway and Rahling Road. The other located at the access drive extending from Chenal Parkway to Rahling Circle. These signs are indicated as a monument sign with a maximum height of eight (8) feet and a maximum sign area of one hundred July 1, 2010 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-6323-P 6 (100) square feet. The signs name the individual tenants located on the lots. The sign will be constructed of metal, masonry and precast. The property is located within the Chenal Parkway Design Overlay District which allows a maximum sign height of eight (8) feet and a maximum sign area of one hundred (100) square feet. Staff is generally supportive of the request. Staff feels the request to allow the cleaning of under brush within the previously identified landscape buffer and maintaining trees larger than six (6) inch in caliper will not significantly impact the Parkway. Other users in the area have been able to clear the entire street buffer and many have not maintained any trees within the street buffer area. Staff believes prior to any clearing activity the applicant should provide a tree plan showing the trees to be preserved and the limits of limbing of the trees to remain. Otherwise to staff’s knowledge there are no outstanding issues in need of addressing associated with the request. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends prior to any clearing activities within the landscape easement area the applicant submit a tree plan showing trees to be cleared and trees to be preserved. Staff also recommends the applicant submit a plan for review and approval by the City’s Urban Forester for limbing of trees to remain. PLANNING COMMISSION ACTION: (JULY 1, 2010) Mr. Joe White and Mr. Tim Daters of White Daters and Associates were present representing the request. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff presented a recommendation that prior to any clearing activities within the landscape easement area the applicant was to submit a tree plan showing trees to be cleared and trees to be preserved. Staff also recommended the applicant submit a plan for review and approval by the City’s Urban Forester for limbing of trees to remain. 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 9 ayes, 0 noes and 2 absent. July 1, 2010 ITEM NO.: 10 FILE NO.: Z-7897-A NAME: Parkway Automotive Revised Short-form PD-C LOCATION: Located at 708 Kirk Road DEVELOPER: Parkway Automotive Services 708 Kirk Road Little Rock, AR 72223 ENGINEER: White-Daters and Associates #24 Rahling Circle Little Rock, AR 72223 AREA: 2.0 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: PD-C ALLOWED USES: Automotive service and repair PROPOSED ZONING: Revised PD-C PROPOSED USE: Automotive service and repair – Expand the approved PD-C area VARIANCES/WAIVERS REQUESTED: None requested. Staff recommends this item be deferred to the August 12, 2010, Public Hearing to allow the overall land area of the PD-C to be expanded to take in property to the south along Kirk Road which has been paved to allow parking to serve this business. PLANNING COMMISSION ACTION: (JULY 1, 2010) Mr. Tim Daters of White-Daters and Associates was present representing the request. There were no registered objectors present. Staff presented the item stating they were recommending this item be deferred to the August 12, 2010, Public Hearing to allow the July 1, 2010 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-7897-A 2 overall land area of the PD-C to be expanded to take in property to the south along Kirk Road which had been paved to allow parking to serve this business. 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 9 ayes, 0 noes and 2 absent. July 1, 2010 ITEM NO.: 11 FILE NO.: Z-8514-B NAME: Little Rock Housing Authority Park Addition Revised PD-R LOCATION: Located on the Southeast corner of 12th and Park Streets DEVELOPER: Little Rock Housing Authority 100 Arch Street Little Rock, AR 72201 ENGINEER: White-Daters and Associates #24 Rahling Circle Little Rock, AR 72223 ARCHITECT: Brian Black, AIA Black, Corley, Owens & Hughes, PA 219 West South Street Benton, AR 72015 AREA: 0.68 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: PD-R ALLOWED USES: Duplex & Single-family Housing – 5 units PROPOSED ZONING: PD-R PROPOSED USE: Duplex & Single-family Housing – 5 units – Add parking pad in rear yard area VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: Ordinance No. 20,228 adopted by the Little Rock Board of Directors on March 2, 2010, rezoned the site from R-3, Single-family to PD-R to allow the development of five (5) residential units (2 duplexes and 1 single-family residence) on four (4) previously platted lots. The developer subsequently filed a replat of the four (4) lots creating one (1) lot. July 1, 2010 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-8514-B 2 The final plat was executed on April 2, 2010 (S-1652). The homes were approved as two (2) story homes with similar characteristics and construction materials as the existing homes in the area. On May 4, 2010, the Little Rock Board of Directors adopted Ordinance No. 20,266 to allow the front building line to be revised to allow the structures to be moved further back on the lot in an effort to save trees on the site. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is now proposing to amend the approved site plan to allow the construction of a surface parking lot in the rear yard area of the development. The original approval allowed the development to be served via street parking. According to the developer the street parking does not allow for the units to be ADA compliant due to grade differences between the street and the sidewalks serving the units. The site plan as currently proposed indicates a parking pad containing three (3) handicap stalls and seven (7) additional stalls. There are currently six (6) large trees located on the property which are indicated on the site plan. According to the applicant care has been taken to save the trees with the placement of the parking as proposed. B. EXISTING CONDITIONS: Construction has begun on the new units. The area is a mixture of uses including commercial and residential in both single-family and multi-family. East, south and west of the site are single-family homes. Across Park Street is a laundry facility and further west is a site zoned POD approved to allow construction of a trade school and office development on the property north of West 18th Street with a parking lot located south of West 18th Street. 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, all residents, who could be identified, located within 300 feet of the site, the Central High and the Capitol Hill Neighborhood Associations 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. The sidewalk along the frontage of this property must be repaired or replaced. July 1, 2010 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-8514-B 3 2. The old street cuts for driveways must be removed and the curb replaced. 3. Driveway spacing on a collector street (12th Street) is 125 feet from the property line. Due to this fact, access to this property should be taken from the existing asphalt drive. The owner of the drive should be contacted to work out an access easement agreement. This will require the existing asphalt drive to be improved and widened. 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. Household waste will be collected at the curb of South Park Street or 12th Street. 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: 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. Normal charges for new service apply. Fire Department: Place fire hydrants per code. 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 Central City Planning District. The Land Use Plan shows Residential Low Density for this property. The applicant has applied for a revision to a previously approved Planned Development—Residential. There is no ‘land use issue’ with this application. This area is not covered by a City of Little Rock recognized Neighborhood Plan. July 1, 2010 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-8514-B 4 Master Street Plan: 12th Street is a Collector. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. Park Street is a Local Street. The primary function of a Local Street is to provide access to adjacent properties. Local Streets which are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. These streets have a design standard the same as a Collector. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes in the immediate vicinity. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. G. SUBDIVISION COMMITTEE COMMENT: (June 10, 2010) Mr. Joe White and Mr. Tim Daters were present representing the request. Staff presented the item stating the request was to add a surface parking pad in the rear yard area of the project now under construction for two (2) duplexes and a single-family home. Staff stated the previous approval allowed parking along the street and did not provide for on-site parking. Mr. White stated the street parking was not ADA compliant. He stated the rear parking area would allow the parking to be ADA compliant. Public Works comments were addressed. Staff stated the driveway as indicated did not meet the minimum driveway spacing criteria of the Subdivision Ordinance and the Master Street Plan. Staff suggested the owner work with the adjacent property owner to reach an agreement to share the drive located to the east of the property. Staff stated all household waste would be collected at the curb of South Park and 12th Streets. 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 issues raised at the June 10, 2010, Subdivision Committee meeting. The revised plan has reduced the overall paving and added additional landscaping within the parking July 1, 2010 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-8514-B 5 lot area. The applicant has indicated they were unable to reach an agreement with the adjoining property owner to allow a shared drive into the parking area. The parking area is indicated with ten (10) parking spaces. The development contains a single-family unit and two (2) duplex units. Based on the parking typically required per the ordinance the duplex units would require the placement of three (3) parking spaces each and the single-family one (1) space for a total of seven (7) spaces. The site is located within the Central High Design Overlay District which states no off-street parking pads are allowed between the front of the principal structure and the public street. Surface parking is allowed behind or adjacent to a structure. Driveways are permitted to be installed in the front yard setback, but not between the principal structure and a public street. Parking pads must be constructed of a permanent surface of concrete, asphalt, modular paves, masonry, gravel or other permanent surface. Staff is not supportive of the parking as proposed. Staff feels the parking pad is more in keeping to a parking pad found in non-residential areas and not what is typically found in residential neighborhoods. The DOD states in the purpose and intent section the basis for the DOD is to create a quality vital atmosphere for business and residents through protecting the historical architectural integrity and sense of place of the district by encouraging historic rehabilitation of existing structures and in-fill development which is fully compatible with existing historic building stock. Buildings, parking areas, signage, landscaping and street furnishings should all be designed to complement and encourage pedestrian use both day and evening. Proper planning is necessary to ensure visual clutter is avoided. Staff does not feel the parking pad as proposed meets the intent of the DOD. I. STAFF RECOMMENDATION: Staff recommends denial of the request as filed. PLANNING COMMISSION ACTION: (JULY 1, 2010) Mr. Joe White and Mr. Tim Daters of White Daters and Associates were present representing the request. There were registered objectors present. Staff stated the applicant was requesting a deferral of the item to the August 12, 2010, public hearing. Staff stated the reason for the request for deferral was because the applicant was unaware there was opposition to the request and the applicant desired to meet with the July 1, 2010 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-8514-B 6 neighbors who were there in opposition. Staff stated the deferral request would require a waiver of the Commission’s By-laws with regard to the late deferral request. A motion was made to approve the By-law waiver with regard to the late deferral request. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. There was a general discussion by the Commission for the reason for the deferral request. Mr. Gary Iverson requested the Commission allow him to ask question. Chairman Yates allowed Mr. Iverson to question why the Housing Authority had been allowed to grade the area for the parking lot. Staff stated they were unaware of the grading and would go to the site to verify the activities taking place on the site were as per the approved plan. Staff stated the By-law waiver was no longer necessary because the Commission was down to eight (8) members present. Chairman Yates stated the customary procedure was when eight (8) or fewer Commissioners were present the customary procedure was to offer the applicant the option of a deferral. The Chair entertained a motion for deferral of the item to the August 12, 2010 public hearing. The motion carried by a vote of 8 ayes, 0 noes and 3 absent. July 1, 2010 ITEM NO.: 12 FILE NO.: Z-8556 NAME: Red’s Towing Inc. Short-form PD-C and Right of Way Abandonment for West 24th Street LOCATION: Located at 2227-2229 Wilson Road DEVELOPER: Larry Warner – Red’s Towing 2227 Wilson Road Little Rock, AR 72204 SURVEYOR: Arrow Surveying P.O. Box 13087 Maumelle, AR 72113 ARCHITECT: Terry Burruss Architects 614 Center Street Little Rock, AR 72201 AREA: 0.32 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: Towing Service and Office VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The request is a rezoning of the site from R-2, Single-family to PD-C to allow the use of the property as a vehicle towing business. The property is owned by Red’s Towing, Inc. and has an established non-conforming use as an auto repair facility. An existing structure containing an office, a shop with two (2) vehicles July 1, 2010 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-8556 2 lifts, tire changing equipment and storage areas is contained within the existing building. The balance of the site is cleared and has been used for parking of vehicles for the business. The applicants is proposing to continue to use the existing structure for the towing business and shop for repair of his personal vehicles. To operate the towing business, the applicant proposes the following conditions: 1. The business hours of operation are Monday through Friday 9:00 am to 4:00 pm and 8:00 am to 12:00 pm on Saturday. 2. Parking areas will be improved, surfaced with asphalt strips/chips and will park a maximum of 25 vehicles at any one time. Fill material and grading will be done on the site as required. 3. Two (2) tow trucks and one (1) rollback will be in use and parked on site when not towing vehicles. 4. The site will be enclosed with a security fence. 5. Security lighting will be downward directed away from adjacent properties. 6. Landscaping will be installed and maintained as per the site plan. 7. All business ingress and egress will be via 24th Street to Aldersgate Road with a single access point on the southwest portion of the site. 8. No vehicle recovery (repossession) will be carried on at the site. The applicant is also requesting the abandonment of a portion of West 24th Street. The right of way was dedicated with the subdivision plat but has not been constructed. The right of way dedication was 20-feet. The entirety of the abandonment will revert to the property owners on the north side of Wilson Road. B. EXISTING CONDITIONS: The site contains a commercial building which previously housed an auto repair business. There are two (2) paved parking spaces located within the right of way of Wilson Road. The area to the south and east are undeveloped heavily wooded properties. The area to the north is single-family with a number of new homes in various stages of completion. Within the general area from Aldersgate Road, Kanis Road and Junior Deputy Road there are a number of new homes that have been constructed. Located to the south of the site is Good Shepard Retirement Village. Two (2) blocks west along Aldersgate Road is Camp Aldersgate, a facility serving persons with medical or physical conditions or developmental delays and their families, as well July 1, 2010 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-8556 3 as senior adults by providing educational and recreational opportunities in an out-of-doors camp environment. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a few informational phone calls from area residents. All property owners located within 200-feet of the site, all residents, who could be identified, located within 300 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 Wilson Road for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 2. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to Wilson Street including 5-foot sidewalk with the planned development. The new back of curb should be located 18 feet from centerline of the street. 3. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). 4. Drainage easements should be maintained in the right-of-way to convey stormwater from adjacent property. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: No objection. Contact Central Arkansas Water if additional fire protection or metered water service is required. All Central Arkansas Water requirements in effect at the time of request for water service must be met. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the July 1, 2010 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-8556 4 domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW's Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Approved as submitted. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the I-430 Planning District. The Land Use Plan shows Residential Low Density for this property. The applicant has applied for a rezoning to Planned Development—Commercial for a towing company to utilize a former auto repair garage for an office to house the towing equipment. The surrounding land is also shown for Residential-Low Density, Residential-High Density and Residential-Medium Density. This use is not typically allowed in any residential land use category. This area is covered by the John Barrow Neighborhood Plan. Their Business and Commercial Goal states: “enhance the climate directed towards encouraging new businesses and commercial establishments to located in the area as well as retention of existing businesses.” Master Street Plan: Wilson Road and West 24th Street are both Local Streets. The primary function of a Local Street is to provide access to adjacent properties. Local Streets which are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. These streets have a design standard the same as a Collector. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes in the immediate vicinity. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. July 1, 2010 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-8556 5 2. Any new paving will require the placement of landscaping. 3. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the northern, eastern and southern perimeters of the site. Credit towards fulfilling this requirement can be given for existing trees and undergrowth that satisfies this year-around requirement. 4. The landscape ordinance requires a nine-foot (9’) wide landscape strip around the sites entirety. 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: (June 10, 2010) Mr. Terry Burruss was present representing the request. Staff presented an overview of the development stating the request was filed as a result of an enforcement action on the property. Staff stated the site had a history of an automobile repair shop but the current user was a wrecker and towing company. Staff stated the use of the site as the wrecker and towing company was not allowed under the existing non-conformity. Staff also requested any fencing be noted on the site plan. Staff questioned the days and hours of operation and the number of employees and vehicles to be stored on the site. Public Works comments were addressed. Staff stated Wilson Road would require right of way dedication and street improvements per the Boundary Street Ordinance. Staff sated the new back of curb should be located 18 feet from the centerline of the street. Landscaping comments were addressed. Staff stated any new paved areas would be required to comply with the landscape ordinance. Staff also stated screening would be required along the sites northern, eastern and southern boundaries. Staff stated a minimum landscape strip of nine (9) feet was required around the sites entirety. 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. July 1, 2010 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-8556 6 H. ANALYSIS: The applicant submitted a revised site plan to staff addressing the issues raised at the June 10, 2010, Subdivision Committee meeting. The revised plan indicates screening along the site’s eastern, northern and southern perimeters. Additional right of way has been indicated on the proposed site plan. The applicant has provided the days and hours of operation and the number of vehicles to be stored on the site. Landscaping will be installed and maintained as per the landscape and buffer ordinance requirements. The request is a rezoning of the site from R-2, Single-family to PD-C to allow the use of the property as a vehicle towing business. The property is owned by Red’s Towing, Inc. and has an established non-conforming use as an auto repair facility. An existing structure containing an office, a shop with two vehicles lifts, tire changing equipment and storage areas is contained within the existing building. The balance of the site is cleared and has been used for parking of vehicles for the business. Parking areas will be improved, surfaced with asphalt strips/chips and will park a maximum of 25 vehicles at any one time. Fill material and grading will be done on the site as required. Security lighting will be downward directed away from adjacent properties. Section 36-508 prohibits the use of asphalt roofing and by products of its manufacture as a base course or surfacing materials on parking lots and/or drives. The applicant is proposing to continue to use the existing structure for the towing business and shop for repair of his personal vehicles. No commercial auto repair garage is proposed. The business hours of operation for the towing business are Monday through Friday 9:00 am to 4:00 pm and 8:00 am to 12:00 pm on Saturday. Two (2) tow trucks and one (1) rollback will be in use and parked on site when not towing vehicles. All business ingress and egress will be via 24th Street to Aldersgate Road with a single access point on the southwest portion of the site. No vehicle recovery (repossession) will be carried on at the site. The applicant is requesting the abandonment of a portion of West 24th Street along the applicant’s frontage. The right of way was dedicated with the subdivision plat but has not been constructed. The right of way dedication was 20-feet. The entirety of the abandonment will revert to the property owner to the north. The applicant is securing approval letters from the various utility companies indicating their desire for easements. Staff is supportive of the right of way abandonment. The need for easements will be dictated by the utility companies. This request will not be forwarded to the Board of Directors until all approval are received. Section 36-153(b) states for a change in use if no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming July 1, 2010 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-8556 7 use of the same or less intensity. In no case, however, shall a building revert to a more intensive nonconforming use. Section 31-151 identifies the purpose of non-conformities and exceptions. The purpose of this division is to establish regulations and limitations for exceptions to the continued existence of uses, lots and structures which were established prior to the effective date of this chapter which do not conform to the provisions of this chapter. Such nonconformities may continue, but the provisions of this division are designed to curtail enlargement or expansion of such nonconformities and to encourage their eventual elimination in order to preserve the integrity of the zoning districts and the regulations by this chapter. Staff is not supportive of the rezoning request. Within this general area there are a significant number of new homes (more than a dozen) which have been constructed or are under construction along Wilson Road within this two (2) block area. Within the general area as a whole there are a significant number of homes which have been constructed from Kanis Road to West 24th and Aldersgate Road to Junior Deputy Road. West 24th Street is a narrow unimproved road which is not adequate to handle commercial traffic to and from the site. Staff feels as indicated in the purpose section of nonconformities that the whole premise of allowing nonconformities is that the uses will eventually be eliminated and the property redevelop as per the under lying zoning district. As is the current development pattern staff feels single-family the best use for this site. I. STAFF RECOMMENDATION: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (JULY 1, 2010) Mr. Steve Giles was present representing the property owner. There were registered objectors present. Staff presented the item stating the applicant had submitted a request dated June 29, 2010, requesting a deferral of this item to the August 12, 2010, public hearing. Staff stated the deferral request would require a waiver of the Commissions By-laws with regard to the late deferral request. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The Chair entertained a motion for approval of the By-law waiver with regard to the late deferral request. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. 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 9 ayes, 0 noes and 2 absent. July 1, 2010 ITEM NO.: 13 FILE NO.: Z-8557 NAME: Kavanaugh-Rose Short-form PD-R LOCATION: Located at 2501 Kavanaugh Boulevard DEVELOPER: Richard Threadgill 104 Tehena Lane Hot Springs, AR 71901 SURVEYOR: Brooks Surveying 20820 Arch Street Pike Hensley, AR 72065 AREA: 0.149 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: R-5 ALLOWED USES: Multi-family PROPOSED ZONING: PD-R PROPOSED USE: Create lot lines to allow existing duplex to be sold as individual units VARIANCES/WAIVERS REQUESTED: A variance from the Subdivision Ordinance to allow the creation of lots with lot area less than the typical lot size per the zoning district (Section 31-232). A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The site contains an existing duplex. The applicant is proposing to create lots to allow for the individual sale of the units and the ground on which the unit sits. A cross access and parking agreement will be executed to define maintenance of the parking pad located within the rear yard area and access from the existing alley. A building permit for the duplex was issued in May 2006. The permit indicated the building as a two-story structure containing 4,416 square feet. The construction was completed in early 2007. July 1, 2010 SUBDIVISION ITEM NO.: 13 (Cont.) FILE NO.: Z-8557 2 The property is located within the Hillcrest Design Overlay District. The applicant is seeking the rezoning to PD-R to allow the creation of lots with a lot area less than typically required per the existing zoning district. B. EXISTING CONDITIONS: The site contains an existing duplex with parking located off the rear alley. Across Rose Street is a multi-unit development which was recently remodeled and converted into a condo development. The units to the west of the site appear to be single-family as do the units located to the south fronting on Woodlawn Drive. Other uses in the area include commercial uses located to the west and churches located to the east and southeast. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a few informational phone calls from area residents. All property owners located within 200-feet of the site, all residents who could be identified located within 300 feet of the site and the Hillcrest Residents Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. A 20 foot radial dedication of right-of-way is required at the intersection of Kavanaugh Boulevard and Rose Street. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: No objection. Fire Department: Approved as submitted. County Planning: No comment. July 1, 2010 SUBDIVISION ITEM NO.: 13 (Cont.) FILE NO.: Z-8557 3 CATA: The site is located on CATA Bus Route #1 – the Pulaski Heights Route. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Heights Hillcrest Planning District. The Land Use Plan shows Residential Low Density for this property. The applicant has applied for a rezoning from R-5 to Planned Residential Development to allow creation of lot lines for an existing duplex structure. The request is not proposing to change the existing density, so there is not a ‘land use issue’ with this application. This area is covered by the Hillcrest Neighborhood Plan. Their Zoning and Land Use goal states a need for “no net loss of residential units by demolition or conversion to other uses.” Master Street Plan: Kavanaugh Boulevard is a Collector. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. Rose Street is a Local Street. The primary function of a Local Street is to provide access to adjacent properties. Local Streets which are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. These streets have a design standard the same as a Collector. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class III bikeway is shown on Kavanaugh Boulevard. A Class III bikeway is a signed route on a street shared with traffic. No additional paving or right-of-way is required. Class III bicycle route signage may be required. Landscape: No comment on the proposed rezoning to allow the creation of lots lines to allow the units to be sold as individual units. Any new site improvements may require additional landscaping and screening. G. SUBDIVISION COMMITTEE COMMENT: (June 10, 2010) The applicant was not present. Staff presented the item stating there were no technical issues outstanding in need of addressing. Staff stated the building was existing and the request was to allow the creation of a lot line down the common wall to allow for individual sale of the units and the ground on which they sit. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. July 1, 2010 SUBDIVISION ITEM NO.: 13 (Cont.) FILE NO.: Z-8557 4 H. ANALYSIS: There were no outstanding issues raised at the Subdivision Committee associated with the request. The request is a rezoning from R-5 to PD-R to allow the creation of lot lines for this existing duplex. The creation of the lot lines would allow for the individual sale of the two (2) units and the lots. A cross access and parking agreement will be executed to define maintenance of the parking pad located within the rear yard area and is access from the existing alley. The property is located within the Hillcrest Design Overlay District. The applicant is seeking the rezoning to allow the creation of lots with a lot area less than typically required per the existing zoning district. The R-5, Zoning District typically requires a minimum lot area of 7,000 square feet with a minimum lot width of 70-feet and a minimum lot depth of 100-feet. The site is located within the Hillcrest Design Overlay District area but the structure was constructed prior to the adoption of the Overlay Ordinance. Both through the Overlay and the current zoning district a PZD application is the best way to address the creation of the lots as proposed. Staff is supportive of the request. The creation of the lots will allow for an existing rental property to convert to owner occupancy. To staff’s knowledge there are no outstanding technical issues in need of addressing related to the site plan. Staff feels the rezoning to PD-R to allow the creation of these lots will not have any adverse impact on the adjacent properties. 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: (JULY 1, 2010) 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 9 ayes, 0 noes and 2 absent. July 1, 2010 ITEM NO.: 14 FILE NO.: Z-8558 NAME: Webster Short-form PD-R LOCATION: Located at 723 North Jackson Street DEVELOPER: Gregg Webster 723 North Jackson Street Little Rock, AR 72205 SURVEYOR: Brooks Surveying 20820 Arch Street Pike Hensley, AR 72065 AREA: 0.16 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: Single-family – add garage apartment and carport Variation from the Hillcrest Design Overlay District VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is proposing to rebuild a garage apartment and add a carport within the rear yard area. The garage dwelling is currently a two (2) story structure with a full apartment on the second level over the ground floor garage. The existing structure is in very poor repair with rotting timber and walls that are sliding off its foundation. The applicant has considered repairing the existing structure but felt razing and rebuilding a better option. The applicant proposes with the new construction to maintain the residential aspect and using the former garage location for an in-law quarters. The structure is proposed as one and a half stories. The apartment would be located on the ground floor and storage July 1, 2010 SUBDIVISION ITEM NO.: 14 (Cont.) FILE NO.: Z-8558 2 located within the upper portion of the building. The request includes the placement of a carport structure just to the south of the new apartment accessed from the adjacent alley. The applicant has indicated when no longer used as an in-laws quarters the unit will potentially be rented to someone outside the family. The site is located within the Hillcrest Design Overlay District which has specific development criteria. The proposed construction is outside the DOD in two (2) areas. The first the percentage of rear yard coverage and the second the building setback from G Street. The DOD allows for a maximum of 40 percent of the rear yard to be covered with structures. The applicant is proposing a building coverage of approximately 66.5 percent. The setback required along G Street would typically be 15-feet. The applicant desires to construct the structure in the same footprint as the existing structure with a building setback of 0.5 feet. All other aspects of the development comply with the Hillcrest Design Overlay District. B. EXISTING CONDITIONS: The site contains a single-family residence and a garage located within the rear yard area adjacent to the alley. The alley is an open alley allowing one-way traffic flowing to the south. The site contains a graveled parking pad located on G Street which has been constructed in the public right of way. The area is predominately single-family. One block north of the site is Kavanaugh Boulevard. There are residential and non-residential uses located along the Boulevard in this area. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a few informational phone calls from area residents. All property owners located within 200-feet of the site, all residents, who could be identified, located within 300 feet and the Hillcrest Residents Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. A 20 foot radial dedication of right-of-way is required at the intersection of Jackson Street and G Street. 2. All parking areas within the right-of-way must be hard surface such as asphalt or concrete. The gravel parking pad in the right-of-way must be paved. 3. Obtain a franchise agreement from Public Works (Bennie Nicolo, 371-4818) for the parking pad within the right-of-way. July 1, 2010 SUBDIVISION ITEM NO.: 14 (Cont.) FILE NO.: Z-8558 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: No objection. Contact Central Arkansas Water if additional fire protection or metered water service is required. All Central Arkansas Water requirements in effect at the time of request for water service must be met. Fire Department: Approved as submitted. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. Parks and Recreation: No comment received. Building Codes: The required fire separation distance (building to property line) prescribed by the building code terminates at five (5) feet. Buildings are allowed to be closer than five (5) feet if they have properly constructed firewalls which provide the requisite one (1) hour fire resistance rating. When buildings are five (5) feet or more from the property line, the requirement no longer applies to the wall itself, only the projections such as eaves or overhangs. Openings such as doors and windows are limited when the exterior wall is three (3) feet from the property line, and are prohibited when the exterior wall is less than three (3) feet from the line. There is no restriction on openings when the exterior wall is more than three (3) feet from the property line. Contact the City of Little Rock Building Codes at 371-4832 for additional details. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Heights Hillcrest Planning District. The Land Use Plan shows Residential Low Density for this property. The applicant has applied for a rezoning from R-2 to Planned Residential Development to allow the construction of a workshop/in-laws quarters and a July 1, 2010 SUBDIVISION ITEM NO.: 14 (Cont.) FILE NO.: Z-8558 4 carport within the rear yard area of the lot. The request does not comply with the Hillcrest Design Overlay District with regard to the rear yard lot coverage and the proposed building setback along G Street. The request is not proposing to change the existing density, so there is not a ‘land use issue’ with this application. This area is covered by the Hillcrest Neighborhood Plan. Their Zoning and Land Use goal states a need for “no net loss of residential units by demolition or conversion to other uses.” Master Street Plan: Jackson and G Streets are both Local Streets. The primary function of a Local Street is to provide access to adjacent properties. Local Streets which are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. These streets have a design standard the same as a Collector. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes in the immediate vicinity. Landscape: No comment on the addition of a carport and workshop building within the rear yard area. The site will be maintained as a single-family residences with the addition of an in-laws quarters above the workshop building. G. SUBDIVISION COMMITTEE COMMENT: (June 10, 2010) Mr. Gregg Webster was present representing the request. Staff stated there were few outstanding technical issues in need of addressing related to the site plan. Staff stated the site was located within the Hillcrest Design Overlay District which required a rezoning to PZD if the site could not fully comply with the overlay standards. Staff stated there were two (2) variations. One was to allow a larger percentage of rear yard coverage than typically allowed. The second was to allow the building to be set closer to G Street than typically allowed per the ordinance. Public Works comments were addressed. Staff stated a 20 foot radial dedication was required at the intersection of Jackson and G Streets. Staff stated the parking located within the right of way was to be paved or removed. Mr. Webster stated he would remove the graveled parking area and replace the surface with grass. Staff noted the Building Codes comment stating the owner should contact the Building Codes Division of the Planning Department for further information. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. July 1, 2010 SUBDIVISION ITEM NO.: 14 (Cont.) FILE NO.: Z-8558 5 There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: There were no outstanding technical issues in need of addressing outstanding from the June 10, 2010, Subdivision Committee meeting. The applicant is seeking a rezoning of the site from R-2, Single-family to PD-R to allow the reconstruction of an existing garage apartment and add a carport within the rear yard area. The site is located within the Hillcrest Design Overlay District which has specific development criteria. The Overlay states if the development is not in full compliance with the development criteria that a rezoning to PZD is required. The new construction will maintain the residential aspect of the area. The applicant has indicated the new construction will be used as an in-law quarters. The structure is proposed with one and a half stories (1 ½). The applicant has indicated when no longer used as an in-laws quarters the unit will potentially be rented to someone outside the family. The apartment would be located on the ground floor and storage located within the upper portion of the building. The request also includes the placement of a carport structure just to the south of the new apartment. The carport will be accessed from the adjacent alley. The proposed construction does not comply with the DOD in two (2) areas. The first is the percentage of rear yard coverage and the second is the building setback along G Street. The DOD allows for a maximum of 40 percent of the rear yard to be covered with structures. The rear yard coverage proposed by the site plan is approximately 66.5 percent. The setback required along G Street per the zoning ordinance is 15-feet. The new construction is proposed within the same footprint as the existing structure. The existing structure is located 0.5 feet from G Street. All other aspects of the development comply with the Hillcrest Design Overlay District. Staff is supportive of the request. Although the site does not comply with the entire standards of the Hillcrest Design Overlay District the proposed construction is not out of character in the neighborhood. The garage apartment is proposed in the same footprint as currently exist. Even though the percentage of rear yard coverage exceeds the 40 percent typically allowed staff feels there is adequate area remaining to allow for livability on the site. To staff’s knowledge there are no outstanding technical issues associated with the request. Staff feels the construction of the garage apartment and carport will not significantly impact the site or the area. July 1, 2010 SUBDIVISION ITEM NO.: 14 (Cont.) FILE NO.: Z-8558 6 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: (JULY 1, 2010) 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 9 ayes, 0 noes and 2 absent. July 1, 2010 ITEM NO.: 15 FILE NO.: Z-8559 NAME: Chenal South Long-form PD-R LOCATION: Located on the Southwest corner of Denny Road and Gordon Road DEVELOPER: Deltic Timber Corporation 7 Chenal Club Little Rock, AR 72223 ENGINEER: White-Daters and Associates #24 Rahling Circle Little Rock, AR 72223 AREA: 70.0 acres NUMBER OF LOTS: 249 FT. NEW STREET: 8,855 LF CURRENT ZONING: R-2, Single-family ALLOWED USES: Single-family residential – 7,000 square feet lots PROPOSED ZONING: PD-R PROPOSED USE: Single-family residential – 5,750 square foot lots VARIANCES/WAIVERS REQUESTED: 1. A variance from the Land Alteration Ordinance to allow grading of the entire development with the development of Phase I. 2. A variance to allow sections of the street to develop with a 50-foot radius curve at the centerline. 3. A waiver of the required ½ street improvements to Denny Road in-lieu of right of way dedication and limited street construction. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The property contains 70.0 acres and is proposed with 249 garden style lots. The lots average 50 feet in width by 115 feet in depth. Exterior lots will have July 1, 2010 SUBDIVISION ITEM NO.: 15 (Cont.) FILE NO.: Z-8559 2 front loaded garages while the interior lots will have common driveways and rear loading garages. Access from Gordon Road will be provided via two divided, landscaped entrances. An all-weather driveway will connect within the development to provide emergency access. A trail system along Gordon Road and within the development is proposed in-lieu of sidewalks similar to other developments in the area. Advanced grading is requested for the entire development as a part of the phase one construction. This will allow the development of smaller lots which Deltic believes are in demand near the new Chenal Valley Elementary School. The development is proposed in six (6) phases developed as the market demands. Deltic is proposing to dedicate the full 90 feet of right of way for Denny Road along the frontage of this development. An eight (8) foot wide pedestrian path will be constructed along the south side of Denny Road which will facilitate children walking to and from the new school. There will also be turn-outs constructed at each entrance to facilitate traffic. With the dedication of the full right of way width, pedestrian path and widening at each entrance, Deltic is requesting a variance from the typical Master Street Plan requirements of one-half street improvements along Denny Road. B. EXISTING CONDITIONS: The site is heavily wooded as is the property to the east and west. There is an overhead power line located near the center of the development. The property to the west is zoned POD and has developed as Wildwood Performing Arts Center. East of the site is property zoned R-2, with a CUP for Pulaski Academy private school which contains the schools ball fields. North of the site is property zoned R-2, Single-family. Parking and paved walkways have been installed within this area to serve the adjacent Wildwood Performing Arts Center. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a few informational phone calls from area residents. All property owners located within 200-feet of the site, all residents, who could be identified, located within 300-feet of the site and the Coalition of West Little Rock Neighborhoods were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Denny 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. July 1, 2010 SUBDIVISION ITEM NO.: 15 (Cont.) FILE NO.: Z-8559 3 2. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to Denny Road including 5-foot sidewalks with the planned development. The new back of curb should be located 29.5 feet from centerline. 3. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 4. Provide a Sketch Grading and Drainage Plan for the entire subdivision per Section 29-186 (e). 5. Stormwater detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. 6. If disturbed area is one (1) or more acres, obtain a NPDES stormwater permit from the Arkansas Department of Environmental Quality prior to the start of construction. 7. Street improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. 8. Streetlights are required by Section 31-403 of the Little Rock code. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting/certificate of occupancy. Contact Traffic Engineering 379-1813 (Steve Philpott) for more information. 9. Per the Master Street Plan, parking is restricted to one side of the street on a 24 foot wide street. Show on the plan now and on the final plat and bill of assurance, the area along the street where parking is allowed. 10. Sidewalks with appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. Sidewalks should be provided along Melicourt Boulevard, Melicourt Loop and Mariol Loop. 11. Mariol Loop, Melicourt Boulevard and Melicourt Loop should be designed to residential street standard with a right-of-way width of 50 feet and a street width of 26 feet from back of curb to back of curb with sidewalks on one (1) side. 12. Per the Master Street Plan, parking is restricted to one side of the street on a 24 foot wide street. Show on the plan now and on the final plat and bill of assurance, the area along the street where parking is allowed. 13. Vegetation must be established on disturbed area within 21 days of completion of harvest activities. 14. Erosion controls must be installed to reduce discharge of polluted stormwater. July 1, 2010 SUBDIVISION ITEM NO.: 15 (Cont.) FILE NO.: Z-8559 4 15. A perimeter buffer strip shall be temporarily maintained around disturbed areas. 16. Provide a letter prepared by a registered engineer certifying the sight distance at the intersections comply with 2004 AASHTO Green Book standards. 17. Traffic calming devices are required for long straight streets to discourage speeding. Pedestrian tables, traffic circles or round-abouts are suggested at regular intervals and at main intersections. Traffic calming devices should be installed on Melicourt Boulevard and Melcourt Loop. Contact Travis Herbner, Traffic engineering at 379-1805 for additional information. 18. Alteration of the water course will require approval from the Little Rock District of the US Army Corps of Engineers prior to start of work. 19. The medians of Melicourt Boulevard and Mariol Boulevard should be moved back from the right-of-way line approximately 15 to 20 feet. 20. Mariol Cove, Melicourt Loop and Melicourt Drive should intersect Melicourt Boulevard and Melicourt Loop, respectively at a right angle. 21. The bill of assurance should provide for all garbage receptacles to be placed on one (1) side of alleys if City collection services are desired. 22. A variance is being requested to advance grade the entire 70 acre property. 23. The street name Mariol Cove cannot be used in the proposed location intersecting with Melicourt Boulevard. The name could be changed to Melicourt Cove. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension and pump station required with easements for this project. Approval from the Little Rock Sanitary Sewer Committee is required before Little Rock Wastewater Utility will grant approval to tie to the existing Little Rock Wastewater system. Contact Little Rock Wastewater Utility for additional 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. A CIC main charge will apply to all connections off of the 12-inch main in Denny Road. Please submit plans for July 1, 2010 SUBDIVISION ITEM NO.: 15 (Cont.) FILE NO.: Z-8559 5 water facilities to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities. Approval of plans by Central Arkansas Water, the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. A 39-inch raw water line crosses this site within a 50-foot wide waterline easement on south end 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 waterline easement. Fire Department: Place fire hydrants per code. 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. Building Codes: The required fire separation distance (building to property line) prescribed by the building code terminates at five (5) feet. Buildings are allowed to be closer than five (5) feet if they have properly constructed firewalls which provide the requisite one (1) hour fire resistance rating. When buildings are five (5) feet or more from the property line, the requirement no longer applies to the wall itself, only the projections such as eaves or overhangs. Openings such as doors and windows are limited when the exterior wall is three (3) feet from the property line, and are prohibited when the exterior wall is less than three (3) feet from the line. There is no restriction on openings when the exterior wall is more than three (3) feet from the property line. Contact the City of Little Rock Building Codes at 371-4832 for additional details. July 1, 2010 SUBDIVISION ITEM NO.: 15 (Cont.) FILE NO.: Z-8559 6 F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Burlingame Valley Planning District. The Land Use Plan shows Residential Low Density for this property. The applicant has applied for a rezoning to Planned Development-Residential to allow development of 249 garden style lots. The density of this proposed development is compatible with the Future Land Use Plan. This area is not covered by a City of Little Rock recognized Neighborhood Plan. Master Street Plan: Denny Road is a Minor Arterial. 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 Denny Road since it is a Minor Arterial. Gordon Road is a Collector. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class III is shown on Denny Road. A Class III bikeway is a signed route on a street shared with traffic. No additional paving or right-of-way is required. Class III bicycle route signage may be required. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (June 10, 2010) Mr. Joe White and Mr. Tim Daters were present representing the request. Staff presented an overview of the request and stated there were a number of outstanding technical issues in need of addressing related to the overall site plan. Staff questioned if the area included property owned by Pulaski Academy. Mr. Daters stated it did not. He stated he would provide staff with a graphic representation of the area proposed for rezoning. Staff questioned perimeter fencing and interior fences to be allowed by the homeowners. Staff also questioned accessory structures and swimming pools. Public Works comments were addressed. Staff stated they felt the trail system did not allow all residents staff access to the trails. Staff also stated sidewalks should be installed per the Master Street Plan and the Subdivision Ordinance. Staff questioned the proposed waiver of street improvements to Denny Road. Mr. Daters stated the request was to allow for the full right of way dedication of 90 feet along the property frontage, the construction of a pedestrian path along Denny Road and the construction of entrances to the subdivision at the indicated streets. Staff stated the request included a variance from the Land Alteration July 1, 2010 SUBDIVISION ITEM NO.: 15 (Cont.) FILE NO.: Z-8559 7 Ordinance to allow advanced grading. Staff questioned the limits of the grading and requested a grading plan to be provided. 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 a number of the issues raised at the June 10, 2010, Subdivision Committee meeting. The revised plan indicates accessory structures and interior fencing will be allowed as typically allowed in the R-2, Single-family zoning district. The development is proposed with a mix of sidewalks and alternative pedestrian paths. Sidewalks will be placed at the entrance to the subdivision and in areas where the streets are expected to carry larger volumes of traffic. The paths will be constructed of an all weather surface. Traffic calming devices such as traffic circles, round-a-bouts and narrowing of the lanes will be placed on the streets which have long straight a-ways to slow traffic within the subdivision. The site plan does not include the placement of a traffic circle at the intersection of Melicourt Boulevard and Melicourt Loop. Staff feels the placement of a traffic circle in this area is critical to aid in slowing the traffic on this long straight street. Secondary and emergency access is proposed via an all weather access drive from Phase I to Phase V. The development is proposed with 249 lots of detached single-family housing. The lots are proposed with a mix of front loaded and rear loaded garages. The lots average 50-feet by 115-feet with an average lot size of 5,750 square feet. The development is proposed with an overall density of 3.561 units per acre. The total development contains 70.0 acres and just over 35 percent is proposed as common open space (25.44 acres or 36.3%). The development is proposed with 20-foot front and rear yard setbacks and five (5) foot side yard setbacks. The maximum building height is proposed as typically allowed in the R-2, Single- family Zoning District. The request includes the allowance of advanced grading for the entire development as a part of the Phase I construction. The applicant has indicated this will allow the development to balance, eliminating the need for hauling of cuts off site only to create the need to bring material back in during a later phase. Buffers will be maintained around the site perimeter to comply with the Land Alteration Ordinance. The development is proposed in six (6) phases and will be developed as the market demands. July 1, 2010 SUBDIVISION ITEM NO.: 15 (Cont.) FILE NO.: Z-8559 8 The applicant is proposing to dedicate the full 90 feet of right of way for Denny Road along the frontage of this development. Deltic owns the property on both sides of Denny Road which will allow the dedication to occur. The development is proposed with an eight (8) foot wide pedestrian path along the south side of Denny Road in-lieu of sidewalks. The developer will construct additional paving along Denny Road 16-feet wide and 600-feet in length. The improvements will be completed at the entrances to facilitate traffic. These improvement costs and right of way dedication equal the cost of the required one-half street improvements typically required per City ordinance. The request also includes the allowance of a 50-foot radius curve at the centerline on sections of the proposed streets. Staff is generally supportive of the overall development plan but has concerns with the request for street construction, advanced grading and the request to allow alternative pedestrian paths in-lieu of sidewalks. The applicant has indicated on a cost basis the right of way dedication and improvements as proposed equal the construction cost of ½ street improvements. The applicant and staff have not reached an agreement on the amount of improvements and paving to be installed. Staff is continuing to work with the developer on this issue but based on the current proposal staff is not in support. The request is to allow grading of the entire 70 acres with the initiation of Phase I of the development. The grading plan provided by the applicant offers either no buffers or minimal buffers. Staff does not support the grading plan as presented. Regarding the sidewalk placement and alternative pedestrian paths staff is supportive of allowing a portion of the development to be served by the alternative paths but based on the site plan there are a number of areas residents must travel a great distance in the street to reach the alternative pedestrian path. Staff feels additional sidewalks should be placed within the development to allow safe access to the pedestrian paths. Based on these issues staff cannot support the development as proposed. I. STAFF RECOMMENDATION: Staff recommends denial of the request as filed. PLANNING COMMISSION ACTION: (JULY 1, 2010) Mr. Tim Daters of White-Daters and Associates was present representing the request. There were no registered objectors present. Staff presented the item with a recommendation of deferral of the item to the August 12, 2010 public hearing. Staff stated there were still a number of outstanding issues associated with the request. Staff July 1, 2010 SUBDIVISION ITEM NO.: 15 (Cont.) FILE NO.: Z-8559 9 stated the plan had changed from the plan reviewed by the Subdivision Committee and they felt based on the revisions the item should be returned to Subdivision Committee for review and comment. 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 9 ayes, 0 noes and 2 absent. July 1, 2010 ITEM NO.: 16 FILE NO.: Z-8560 NAME: Heritage College Short-form PCD LOCATION: Located East of Heritage College, accessed via a 25-foot access easement from Rodney Parham Road DEVELOPER: Heritage College c/o Family Center Properties 8101 Coleridge Drive North Little Rock, AR 72116 ENGINEER: White-Daters and Associates #24 Rahling Circle Little Rock, AR 72223 AREA: 0.8 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: MF-24 ALLOWED USES: Multi-family housing 24 units per acre PROPOSED ZONING: PD-C PROPOSED USE: Heritage College overflow parking VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The property planned for parking is zoned MF-24 and contains 0.8 acres. The adjacent property owner wishes to use this existing parking as off-site parking for Heritage College. Access to the parking lot will be via a 25 foot access easement from Rodney Parham Road. A pedestrian bridge will be constructed to allow faculty and students to park and walk to class. Currently, the college has 122 parking spaces on-site. The additional 79 spaces will bring the total parking to 201 spaces. July 1, 2010 SUBDIVISION ITEM NO.: 16 (Cont.) FILE NO.: Z-8560 2 B. EXISTING CONDITIONS: The parking is in place and in good repair. The site is accessed from a private access easement extending from Rodney Parham Road to the parking area. Within this area are office uses including a daycare center. To the east of the site are apartment which are accessed from Satterfield Drive. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a few informational phone calls from area residents. All property owners located within 200-feet of the site, all residents who could be identified located within 300 feet of the site and the Sturbridge Property Owners Association and the Colony West Homeowners Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. A special Grading Permit for Flood Hazard Areas will be required per Section 8-283 prior to construction of any improvements in the floodplain. 2. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 3. In accordance with Section 31-176, floodway areas must be shown as floodway easements or be dedicated to the public. In addition, a 25 foot wide access easement is required adjacent to the floodway boundary. 4. Encroachments are not permitted in the floodway without providing a "No Rise Certification" with supporting modeling or a CLOMR application is filed with FEMA as determined by staff. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Existing sewer mains located on the site. Contact Little Rock Wastewater Utility prior to construction. Entergy: A ten foot (10’) under ground utility easement or a 20-foot overhead utility easement is required along all property lines. Contact Entergy at 954-5151 for additional information. Center-Point Energy: No comment received. July 1, 2010 SUBDIVISION ITEM NO.: 16 (Cont.) FILE NO.: Z-8560 3 AT & T: No comment received. Central Arkansas Water: No objection. Contact Central Arkansas Water if additional fire protection or metered water service is required. All Central Arkansas Water requirements in effect at the time of request for water service must be met. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW's Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Approved as submitted. County Planning: No comment. CATA: The site is located near CATA Bus Route #8 – the Rodney Parham Route. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Rodney Parham Planning District. The Land Use Plan shows Residential High Density and Commercial for this property. The applicant has applied for a rezoning from MF-24 to Planned Commercial Development to allow the use of an existing paved parking lot as satellite parking for students. The request does not change the site or land use. There is no ‘land use issue’ with this application. This area is covered by the Reservoir Neighborhood Plan. Their Land Use Goal states: “Limit expansion of non-residential development to areas shown as non- residential on the Future Land Use Plan as well as limiting businesses to areas zoned for non-residential activity.” Master Street Plan: Rodney Parham Road is a Minor Arterial. 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 Rodney Parham Road since it is a Minor Arterial. These streets may require July 1, 2010 SUBDIVISION ITEM NO.: 16 (Cont.) FILE NO.: Z-8560 4 dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class I bike way is proposed in this general vicinity. A Class I bikeway is built separate from or alongside a road. Additional paving and right of way may be required. Landscape: No comment since all improvements are existing. Any additional improvements may require landscaping and screening to be installed. G. SUBDIVISION COMMITTEE COMMENT: (June 10, 2010) Mr. Joe White and Mr. Tim Daters were present representing the request. Staff presented an overview of the request stating there were few outstanding technical issues in need of addressing related to the site plan. Staff stated the request included the construction of a bridge over the creek to allow persons parking at this location access to the college campus. Staff questioned the number of parking spaces proposed for lease and the square footage of the building the spaces previously served. Public Works comments were addressed. Staff stated a grading permit would be required prior to construction of the proposed bridge structure. Staff stated encroachments were not permitted within the floodway without providing a no rise certification with supporting modeling or a CLOMR application filed with FEMA. 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 responses to comments raised at the June 10, 2010, Subdivision Committee meeting. The applicant has indicated the area proposed as satellite parking is owned by United Cerebral Palsy. The parking is not used by the office development and is not a part of the required parking for the office development. Currently Heritage College staff are using the parking lot and accessing the college campus via Rodney Parham Road. With the approval the college will construct a pedestrian bridge over the creek to allow staff to cross the creek to access the college. The applicant has indicated the need for additional parking is to accommodate their anticipated growth. Heritage College has three (3) 4-hour sessions per day July 1, 2010 SUBDIVISION ITEM NO.: 16 (Cont.) FILE NO.: Z-8560 5 Monday through Friday. The sessions run from 8:30 am to 12:30 pm, 1:00 pm to 5:00 pm and 5:30 pm to 9:30 pm. A different group of students is in each session. The current student parking required is 120 spaces plus a staff of 22 for a total of 142 parking spaces. The current parking on site is 180 spaces. The college anticipates a growth to 200 students with a staff of 30. This will bring the required parking for the college to 230 spaces. The adjacent lot adds 85 parking spaces for a total of 265 parking spaces. The college could have totals of 360 students and has a projection of 600 students. All these students are not on campus at one time since there are three (3) class sessions during the day. The total existing square footage of the Heritage College building is 14,300 and is projected to grow within a year with a 2nd building totaling 8,500 square feet for a total 22,800 square feet. The zoning ordinance allows for the calculation of parking requirements for a college campus based on the gross square feet of the building or based on the number of students, whichever is greater. The number of spaces required based on the square footage of the building is 76 parking spaces (1 per 300 gross square feet of building area). The parking based on the number of students would result in the need for 75 parking spaces (1 per 4 students). The applicant has indicated the existing parking demand far exceeds the typically ordinance requirements. According to the applicant based on the current pattern the additional parking will be needed to serve the student and staff parking needs. Staff is supportive of the request. To staff’s knowledge there are no outstanding issues associated with the request. Staff feels the adjacent office building will have adequate parking to serve their needs even with the allowance of 85 spaces being leased to the college. 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: (JULY 1, 2010) 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. July 1, 2010 SUBDIVISION ITEM NO.: 16 (Cont.) FILE NO.: Z-8560 6 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 9 ayes, 0 noes and 2 absent. July 1, 2010 ITEM NO.: 17 FILE NO.: Z-6764 NAME: Young Short-form PCD Revocation LOCATION: Located at the Southwest corner of Colonel Glenn and Pritchard Mill Roads DEVELOPER: Brian Jansen 22 Woodstream Cove Little Rock AR, 72211 AREA: 5.01 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: PCD ALLOWED USES: Commercial and Single-family residence REVOCATION ZONING: C-3, General Commercial District VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: Ordinance No. 18,166 adopted by the Little Rock Board of Directors on December 20, 1999, established Young Short-form PCD. The property was zoned C-3, General Commercial District and contained an existing nonconforming auto repair business within a single 1,200 square foot building. The auto repair building was located near the southern property line of the C-3, General Commercial District zoned property. The request for the rezoning to PCD was to allow the construction of a 1,008 square foot, one story single-family residence which is not an allowed use in the C-3, General Commercial Zoning District. The residence was to be located near the center of the property and would be for the owner of the auto repair business. This was the only change proposed for the property. The approval allowed C-3, General Commercial District uses as alternate uses for the existing commercial building only. The new home was not constructed and the PCD has expired. A. PROPOSAL/REQUEST: Per Section 36-458(a) Cause for revocation as enforcement action. The Planning Commission may recommend to the Board of Directors that any PUD or PD approval be revoked and all building permits or certificates of occupancy be voided under the following circumstances: (1) The applicant has not submitted a July 1, 2010 SUBDIVISION ITEM NO.: 17 (Cont.) FILE NO.: Z-6764 2 final development plan to staff. Where a staged development plan is approved the Board of Directors may revoke the entire preliminary plan or may revoke only that stage on which a final plan has not been submitted and approved. (2) Construction has not commenced within the time allowed. (3) The applicant has not adhered to the development schedule as stated in the approved preliminary plan. In addition, to the revocation for cause, Section 36-454(e) final development plan states the applicant shall have three years from the date of passage of the ordinance approving the preliminary approval to submit the final development plan. Request for extensions of time shall be submitted in writing to the Planning Commission which may grant one extension of not more than two years. Failure of the applicant to file a timely extension shall be cause for revocation of the PUD as provided in the ordinance. Per the ordinance requirement of the procedure for revocation, staff has contacted the applicant indicating the default of approval and setting a time to appear before the Planning Commission to show cause why steps should not be made to totally or partially revoke the POD zoning classification. According to the ordinance, the Planning Commission shall provide a recommendation which shall be forwarded to the Board of Directors for disposition as in the original approval. B. EXISTING CONDITIONS: As noted the site contains an auto repair shop building located near the southern property line of the site. The building is accessed from a gravel access easement (Prichard Mills Road). The front portion of the property, between the garage building and Colonel Glenn Road, is undeveloped and grass covered with a scattering of trees. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents. There is not an active neighborhood association located in the area. All residents, who could be identified, located within 300 feet of the site were notified of the public hearing. D. STAFF RECOMMENDATIONS: Staff feels the approval should be voided since the applicant has failed to satisfy the requirements of the approval process. Staff recommends the current PCD zoning classification be revoked and the previously held C-3, General Commercial zoning be restored. July 1, 2010 SUBDIVISION ITEM NO.: 17 (Cont.) FILE NO.: Z-6764 3 PLANNING COMMISSION ACTION: (JULY 1, 2010) The applicant was present. There were no registered objectors present. Staff presented the item stating they felt the approval should be voided since the applicant had failed to satisfy the requirements of the approval process. Staff presented a recommendation the current PCD zoning classification be revoked and the previously held C-3, General Commercial zoning be restored. 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 9 ayes, 0 noes and 2 absent. July 1, 2010 ITEM NO.: 18 FILE NO.: LA-0032 NAME: Woodlands Trail Land Advanced Grading Variance Request LOCATION: SW Corner of Kanis Road and Woodlands Trail APPLICANT: Rocket Properties, LLC. APPLICANT’S REPRESENTATIVE: White-Daters & Associates AREA: Approximately 6 Acres CURRENT ZONING: PCD VARIANCES/WAIVERS REQUESTED: A variance from the Land Alteration Regulations to advance grade without construction being imminent. A. PROPOSAL/REQUEST: Applicant is requesting a variance from the Land Alteration Regulations to advance grade 6 acres or Lots 1 thru 4 of Woodlands Park without construction being imminent. Lots 1 thru 4 of Woodlands Park is referred to as “the site”. The applicant desires to fill with dirt generated from the two (2) residential neighborhoods to the south of the site currently being developed. The applicant is proposing to maintain undisturbed buffers on all four (4) sides of the property. A 50 ft wide undisturbed buffer will be maintained to the north along Kanis Road; a 40 ft undisturbed buffer will be maintained to the south; and a 25 ft wide undisturbed buffer maintained on the east and west. One (1) access drive from Woodlands Trail is proposed to be installed to access the site. The applicant stated by permitting the advanced grading, all “over the road” hauling will be contained within the Woodlands development and this will eliminate any wear and tear on nearby streets and also eliminate loaded dump trucks from exiting the project and creating a safety hazard. B. EXISTING CONDITIONS: The 6 acre wooded site is part of a planned commercial development (PCD). The property is located southwest corner of Woodlands Trail and Kanis Road intersection and is densely wooded. Undeveloped wooded property zoned R2 is located on the west side of the site. On the south side of site is an undeveloped wooded tract of land zoned R2 planned to be developed in the future as part of Woodlands Edge Subdivision. To the east is Woodlands Trail. Beyond Woodlands Trail is an undeveloped wooded property that is part of approved Woodlands Park PCD. To the north is Kanis Road. Beyond Kanis Road is a property zoned PCD with a site plan approved for a ministorage facility. Today the property has a couple of occupied home located on it. July 1, 2010 SUBDIVISION ITEM NO.: 18 (Cont.) FILE NO.: LA-0032 2 C. NEIGHBORHOOD COMMENTS: As of the time of writing, staff has not received any telephone call from a property owner in the area. All adjacent property owners including those across a street or alley from the subject property were given notice. The Gilbraltar Heights Pointe West Timber Ridge POA, Parkway Place POA, and Woodlands Edge Community Association, Inc. were also notified. D. ENGINEERING COMMENTS: 1. Provide a Sketch Grading and Drainage Plan per Sec. 29-186 (e). 2. How much fill dirt is expected to be filled at this site? 3. A grading permit in accordance with section 29-186 (c) & (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of excavation. 4. If disturbed area is 1 or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 5. Vegetation must be established on disturbed area within 21 days of completion of harvest activities. 6. A perimeter buffer strip shall be temporarily maintained around disturbed areas of 40 ft. 7. A perimeter buffer strip shall be temporarily maintained around disturbed areas of at least 40 ft. 8. Erosion controls must be installed to reduce discharge of polluted stormwater. 9. The residential portion and the commercial/office portion of Woodlands Edge Subdivision were approved as separate items by the City and therefore the development of the commercial property is not considered a phase of the residential subdivision development. E. LANDSCAPING COMMENTS: 1. Grading plan must comply with the City’s buffer ordinance requirements. F. SUBDIVISION COMMITTEE: Joe White of White-Daters & Associates was present representing the applicant. Staff presented an overview of the variance application stating the applicant’s desire to advance grade the site. The applicant’s representative was encouraged by the committee to work with staff on this item. There was no further discussion July 1, 2010 SUBDIVISION ITEM NO.: 18 (Cont.) FILE NO.: LA-0032 3 of the item. The Committee then forwarded the item to the full Commission for final action. G. STAFF REPORT: 1. On June 18, 2010, the applicant requested deferral of the item to the August 12, 2010 meeting. Staff recommends approval of the deferral request. PLANNING COMMISSION ACTION: (JULY 1, 2010) Mr. Joe White of White Daters and Associates was present representing the request. Staff stated on June 18, 2010, the applicant requested deferral of this item to the August 12, 2010 meeting. Staff presented a recommendation of approval 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 9 ayes, 0 noes and 2 absent. w I s 11 V w Z l' 2i C7 L ry� V LIJ C) ULJ ►i -, F- z Lli U) CIO I'll� LLJ i I Z l' 2i C7 L ry� V LIJ C) ULJ ►i -, F- z Lli U) CIO I'll� LLJ i July 1, 2010 There being no further business before the Commission, the meeting was adjourned at 7:09 p.m. IZTNate Chairrira Secretary r