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HomeMy WebLinkAboutpc_05 08 2008sub LITTLE ROCK PLANNING COMMISSION SUBDIVISION HEARING SUMMARY AND MINUTE RECORD MAY 8, 2008 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present being nine (9) in number. II. Members Present: Pam Adcock J. T. Ferstl Lucas Hargraves Valerie Pruitt Troy Laha Jeff Yates Jerry Meyer Obray Nunnley, Jr. Chauncey Taylor Members Absent: William Rector Darrin Williams City Attorney: Debra Weldon III. Approval of the Minutes of the March 27, 2008 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION SUBDIVISION AGENDA MAY 8, 2008 OLD BUSINESS: Item Number: File Number: Title A. LA-0021 Little Oak Ball Park Timber Harvest, located on Sardis Road and Leah Lane. B. S-1600 Howe Preliminary Plat, located at 17725 Raines Road. C. S-1435-C Bentley Court Revised Preliminary Plat, located just South of Bentley Circle. D. S-1610 Carter Combination Preliminary Final Plat, located at 11712 Stagecoach Road. E. Z-3168-H Tract C Parkway Place Addition Short-form PD-R, located West of Oak Meadow Lane and South of Parkside Drive. F. Z-4953-B Park Avenue Long-form PCD, located on the Northwest corner of St. Vincent Circle and University Avenue. G. Z-3371-T Glenn Ridge Crossings Lot 6 Long-form PCD, located near the intersection of Colonel Glenn Plaza Drive and Bowman Plaza Drive. H. S-1611 Lee Strong Subdivision Replat, located North of West 22nd Street, between Nichols and Wilson Streets. I. S-1509-A Valley Springs Subdivision Preliminary Plat, located West of Geyer Springs Road and North of Stillman Drive. Agenda, Page Two NEW BUSINESS: I. PRELIMINARY PLATS: Item Number: File Number: Title 1. S-1278-B Ranch Highlands Preliminary Plat Vacation, located North of Valley Ranch Drive and West of Patrick Country Road. 2. S-1487-A The Ridge Estates Revised Preliminary Plat, located North of Pleasant Hill Road and West of Vimy Ridge Road. 3. S-1518-A Colonel Glenn Preliminary Plat (Minton Dairy Subdivision), located at 14250 Colonel Glenn Road. 4.1. S-1615 Dickson Mill Addition Plat Variance, located at 3600 West 29th Street. 4.2. G-23-398 West 29th Street Right of Way Abandonment, located on West 29th Street East of Maple Street. II. SITE PLAN REVIEW: Item Number: File Number: Title 5. Z-4336-HH Children's Hospital Zoning Site Plan Review, located between Marshall and Wolfe Streets and 11th and 12th Streets. 6. S-1540-A 8622 Chicot Road Subdivision Site Plan Review, located at 8622 Chicot Road. Agenda, Page Three III. PLANNED DEVELOPMENTS: Item Number: File Number: Title 7. Z-4923-E Shackleford Crossing Revised Long-form PCD (Townplace Suites by Marriot), located at Shackleford Crossings on the Southwest corner of I-430 and Shackleford Road. 8. Z-6245-C Asbury Place Short-form PCD, located on the Northeast corner of Kanis and Kirby Roads. 9. Z-6669-A Little Rock School District Revised Short-form POD, located on the Northwest corner of 16th and Jones Streets. 10. Z-7605-C Chenonceau Commercial Lots 1 and 2 Short-form PCD, located on the Southeast corner of Cantrell Road and Chenonceau Boulevard. 11. Z-8337 Ms. Bertha's Child Care Center Short-form PCD, located at 8215 Colonel Glenn Road. 12. Z-8338 Homewood Suites Short-form PCD, located on the Southeast corner of Kanis Road and Centerview Drive. 13. Z-8339 Rankin Short-form PD-R, located on Oakwood Road just East of North Oak Street (Lot 24 Oakwood Manor Subdivision). May 8, 2008 ITEM NO.: A FILE NO.: LA-0021 NAME: Little Oaks Baseball Timber Harvest LOCATION: South of Mann Road and east of Sardis Road APPLICANT: Mabelvale Youth Association AUTHORIZED AGENT: Charles Bussell AREA: Approximately 15 acres CURRENT ZONING: R-2 VARIANCES/WAIVERS REQUESTED: A variance from the Land Alteration Regulations for issuance of a grading permit to harvest timber on the property. A. PROPOSAL/REQUEST: The applicant is requesting a variance from the Land Alteration Regulations for staff to issue a grading permit to harvest the mature trees on approximately 15-acres of Mabelvale Youth Association property. Their application states not all the trees will be cleared. The purpose of the harvest is to earn money for operation of Little Oaks Baseball program. The applicant claims to have agreements from a logging contractor for the work. B. SUBDIVISION COMMITTEE: (March 6, 2008) No one representing the applicant was present at the subdivision committee meeting. The item was discussed with the Planning Commission members. Staff said the application is incomplete and no action can be taken until additional information is provided. C. STAFF RECOMMENDATION: Staff has not received the required information to complete this application. Information still lacking is a forestry management plan; erosion control plan with contours and access locations; and proof of public notice. Due to an incomplete application, staff recommends the item be deferred to the May 8, 2008, public hearing. PLANNING COMMISSION ACTION: (MARCH 27, 2008) The applicant was not present. There were no registered objectors present. Staff stated the applicant had failed to provide staff with a timber harvest management plan. May 8, 2008 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: LA-0021 2 Staff presented a recommendation of deferral of the item to the May 8, 2008, public hearing. There was no further discussion of the item. The chair entertained a motion for placement of the item on the Consent Agenda for approval of the deferral request. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. STAFF UPDATE: The applicant failed to provide staff with the timber harvest plan. Staff recommends this item be withdrawn from consideration without prejudice. PLANNING COMMISSION ACTION: (MAY 8, 2008) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had failed to provide staff with the timber harvest plan. Staff presented a recommendation of withdrawn of the item from consideration without prejudice. There was no further discussion of the item. The commission voted to approve the item for withdrawal on the consent agenda by a vote of 9 ayes, 0 noes and 2 absent. May 8, 2008 ITEM NO.: B FILE NO.: S-1600 NAME: Howe Preliminary Plat LOCATION: Located at 17725 Raines Road DEVELOPER: Sydney and Susan Howe 9 Windborough Court Little Rock, AR 72212 SURVEYOR: Richardson Surveying, PLLC P.O. Box 6865 Sherwood, AR 72124-6865 AREA: 5.007 acres NUMBER OF LOTS: 2 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family PLANNING DISTRICT: 17 – Crystal Valley CENSUS TRACT: 42.08 VARIANCES/WAIVERS REQUESTED: A variance to allow an increased lot depth to width ratio. (Section 31-232(b)) A. PROPOSAL/REQUEST: The site is located outside the City limits of the City of Little Rock but within the City’s Extraterritorial Planning Jurisdiction. The applicant is seeking preliminary plat approval for the creation of two lots from this 5.007 acre tract. An existing home will be located on a lot containing 0.636 acres with the remainder of the site contained in the second lot. The lots will have separate driveways from Raines Road with the drives constructed to County standard. The plat as proposed creates a variance from the Subdivision Ordinance to allow an increased lot depth to width ratio. Proposed Lot 2 is indicated with a lot width of 221 feet and a lot depth of 655.22 feet or 3.12 to 1. May 8, 2008 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: S-1600 2 B. EXISTING CONDITIONS: The site is wooded and appears relatively flat. There is an existing home located on the northwestern portion of the property. Raines Road is a rural County Road constructed of chip seal with open ditches for drainage. The area is predominately single-family. There are a number of non-conforming commercial uses located in the area as well. There is an area of C-1, Neighborhood Commercial zoned property located to the east of the site along Jonathan Road. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents. Southwest Little Rock United for Progress and all abutting property owners were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Raines 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. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Property is outside of current service boundary. No comment. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: No water service is available at this time. Approval of the City of Little Rock and a water main extension would be required for water service. All Central Arkansas Water requirements in effect at the time of request for water service must be met. Fire Department: Fire hydrants may be required. Contact the Little Rock Fire Department for more information. County Planning: The drawing has not been indicated as a preliminary plat. Provide a proper drawing including all required certifications. May 8, 2008 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: S-1600 3 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: (November 29, 2007) Mr. Sydney Howe was present representing the request. Staff presented an overview of the proposed subdivision indicating there were additional items necessary to complete the review process. Staff requested the applicant provide a preliminary plat drawing including the required certifications. Staff stated a certification for the County would also be required. Staff stated Raines Road was classified on the Master Street Plan as a minor arterial and dedication of right of way to 45-feet from centerline would be required. Staff also stated a front platted building line of 35-feet would be required. Public Works comments were addressed. Staff stated a dedication of right of way 45-feet from centerline would be required at the time of final platting. 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 preliminary plat to staff addressing the issues raised at the November 20, 2007, Subdivision Committee meeting. The revised plat indicates certifications as required by the Subdivision Ordinance, indicates a right of way dedication for Raines Road per the Master Street Plan and indicates the required building setback for lots abutting an arterial street. The request is to allow preliminary plat approval for the creation of two lots from this 5.007 acre tract. There is an existing home located one lot proposed to contain 0.636 acres with the remainder of the site contained in the second lot which is proposed for future development with a single-family home. The lots will have separate driveways from Raines Road with the drives constructed to County standard. The applicant has provided a septic certification indicating the lots are adequate to meet wastewater treatment needs. May 8, 2008 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: S-1600 4 The proposed plat is indicated with a variance from the Subdivision Ordinance to allow an increased lot depth to width ratio for Lot 2. Lot 2 is indicated with a lot width of 221 feet and a lot depth of 655.22 feet or 3.12 to 1. The ordinance typically does not allow a lot depth to width ratio greater than 3:0 to 1. Staff is supportive of the proposed variance. The lot is indicated with a total lot area of 4.371 acres. Both lots exceed the 7,000 square foot minimum for the R-2, Zoning District. The lot size proposed should mitigate any significant impact which could arise from this proposed variance. To staff’s knowledge there are no outstanding technical issues associated with the request. Staff does not feel the creation of this second lot from this existing five acre tract will have any adverse impact on the area. I. STAFF RECOMMENDATIONS: 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 an increased lot depth to width ratio for proposed Lot 2. PLANNING COMMISSION ACTION: (JANUARY 3, 2008) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant was unable to respond to the comments raised at the November 29, 2007, Subdivision Committee meeting. Staff presented a recommendation of deferred of the item to the February 14, 2008, public hearing. There was no further discussion of the item. The chair entertained a motion for placement of the item on the Consent Agenda for Deferral. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. STAFF UPDATE: The applicant requested on February 1, 2008, this item be deferred to the March 27, 2008, public hearing. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (FEBRUARY 14, 2008) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant requested on February 1, 2008, a deferral of May 8, 2008 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: S-1600 5 the item to the March 27, 2008, public hearing. Staff stated they were supportive of the deferral request. There was no further discussion of the item. A motion was made to approve the item as presented by staff on the consent agenda. The motion carried by a vote of 8 ayes, 0 noes and 3 absent. STAFF UPDATE: The applicant has contacted staff with an update to the proposed preliminary plat. The applicant has indicated the information requested by staff will be received no later than April 17, 2008, to enable staff to review the information and provide a recommendation to the Commission by their May 8, 2008, public hearing. Staff recommends this item be deferred to the May 8, 2008, public hearing. PLANNING COMMISSION ACTION: (MARCH 27, 2008) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had contacted them with an update for the proposed preliminary plat. Staff stated the applicant had indicated the information requested by staff would be received no later than April 17, 2008, to enable staff to review the information and provide a recommendation to the Commission by their May 8, 2008, public hearing. Staff presented a recommendation of deferral of the item to the May 8, 2008, public hearing. There was no further discussion of the item. The chair entertained a motion for placement of the item on the Consent Agenda for approval of the deferral request. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. PLANNING COMMISSION ACTION: (MAY 8, 2008) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff also presented a recommendation of approval of the variance request to allow an increased lot depth to width ratio for proposed Lot 2. There was no further discussion of the item. The commission voted to approve the item for approval on the consent agenda by a vote of 9 ayes, 0 noes and 2 absent. May 8, 2008 ITEM NO.: C FILE NO.: S-1435-C NAME: Bentley Court Revised Preliminary Plat LOCATION: Located just South of Bentley Circle DEVELOPER: Malmstorm Family LLC 11610 Kanis Road Little Rock, AR 72211 ENGINEER: McGetrick and McGetrick Engineers 319 President Clinton Avenue, Suite 202 Little Rock, AR 72201 AREA: 6.19 acres NUMBER OF LOTS: 9 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family PLANNING DISTRICT: 16 – Otter Creek Planning District CENSUS TRACT: 42.08 VARIANCES/WAIVERS REQUESTED: 1. A variance from the Subdivision Ordinance to allow a reduced lot depth for Lot 65 (Section 31-232(a)). 2. A variance from the Subdivision Ordinance to allow a reduced front building line for the indicated lots (Section 31-256). 3. A variance from the Subdivision Ordinance to allow the creation of a lot without public street frontage (Section 31-231). BACKGROUND: On June 17, 2004, the Little Rock Planning Commission approved a preliminary plat allowing the subdivision of 39.40-acre site into 119 single-family lots and two (2) tracts. A fifteen-foot front building line for the single-family lots and a thirty foot front building line along Stagecoach Road for the two tracts was approved. May 8, 2008 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: S-1435-C 2 The single-family lots average sixty-two feet by one hundred thirty-two feet or 8,184 square feet. The minimum lot size proposed was seventy-three feet by one hundred five feet or 7,351 square feet. The two tracts would contain approximately three and one-half acres and four and one-third acres and would be held for future development. The plat was proposed for development in four phases. Lots 13 – 25, 44 and 82 – 100 (33 Lots) would be developed in the first phase. Phase 2 consisted of Lots 1 – 12, 45 and 65 – 81 (31 Lots), Phase 3 included Lots 26 – 34 and 101 – 113 (22 Lots) and the final phase (Phase 4) would consist of the development of Lots 35 – 43, 46 – 63 and 114 – 119 (33 Lots). A. PROPOSAL/REQUEST: The applicant is now seeking approval of a preliminary plat expanding the development to allow the creation of nine (9) additional lots and two (2) tracts from this 6.19 acre tract. Tract E is located within the floodway and Tract D will serve as detention for the proposed lots. The average lot size proposed is 73 feet by 120 feet. There are variances associated with the proposed lot development. The applicant is seeking a variance to allow a reduced front building line for the proposed lots. The applicant has indicated the previous phases of the subdivision were approved with a 15-foot front building line and the applicant has indicated a desire to continue the continuity of the development by placing the building line of the proposed new lots also at 15-feet. The plat indicates Lot 65 with a reduced lot depth than typically allowed per the Subdivision Ordinance. The plat also indicates the creation of a lot without public street frontage (Lot 105). The lot is proposed adjacent to the floodway and will be accessed by a 20-foot access and utility easement across Lot 79. B. EXISTING CONDITIONS: The site is vacant abutting a floodway to the south. To the north is a single-family subdivision currently under construction (the Bentley Court Subdivision Phase III). Further north is the Westfield and the Otter Creek Subdivisions. To the Southwest is the Otter Creek Homeowners Association clubhouse and immediately South of the site is Tract A Courtside Place Addition; a Planned Residential Development with zero lot line detached single-family homes. This site is located north of the floodway while the Otter Creek Subdivision is located south of the floodway. May 8, 2008 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: S-1435-C 3 C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received an informational phone call from an area resident. All abutting property owners, Southwest Little Rock United for Progress and the Otter Creek Homeowners Association were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. With site development, provide the design of the street conforming to the Master Street Plan. Construct street improvements to Bentley Circle including 5-foot sidewalks with the planned development. 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 will need to be submitted and approved prior to the start of construction. 3. Storm water detention ordinance applies to this property. 4. 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. 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 special Grading Permit for Flood Hazard Areas will be required per Section 8-283 prior to construction. 7. The minimum Finish Floor elevation of one (1) foot above the base flood elevation is required to be shown on the plat and the grading plans. 8. 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. 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. May 8, 2008 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: S-1435-C 4 E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required, with easements. Contact Little Rock Wastewater Utility at 688-1414 for additional information. Entergy: Approved as submitted. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Access to Lot 79 and 105 must be confirmed. 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. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (March 6, 2008) Mr. Pat McGetrick was present representing the request. Staff presented an overview of the proposed development questioning how access would be provided to Lot 79. Mr. McGetrick stated Lot 118 would be redesigned to allow right of way for Bentley Circle to front Lot 79. Staff also noted the plat was indicated with a reduced lot depth for Lot 65 and a reduced front building line for all the proposed lots. Public Works comments were addressed. Staff noted the floodway was required to be shown as an easement or dedicated to the City. Staff also stated a 25-foot access easement was required adjacent to the floodway. Staff noted the access easement could not be fenced. Staff also requested Mr. McGetrick provide the minimum finished floor elevation for the proposed lots. Staff also stated streetlights would be required at the time of final platting. May 8, 2008 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: S-1435-C 5 Staff noted comments from the various other departments and agencies suggesting Mr. McGetrick contact them directly for additional information. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised drawing to staff addressing most of the issues raised at the March 6, 2008, Subdivision Committee meeting. The applicant has indicated Lot 79 with public street frontage, provided a 25-foot access easement adjacent to the floodway and indicated a note on the plat stating the access easement cannot be fenced and provided the minimum Finish Floor Elevation for the proposed lots. The request is to allow the creation of nine (9) additional lots and two (2) tracts from this 6.19 acre tract for the Bentley Court Subdivision. Tract E is located within the floodway and Tract D will serve as detention for the proposed lots. The average lot size proposed is 73 feet by 120 feet or 8,760 square feet. There are variances associated with the proposed development. The plat indicates a variance to allow a reduced front building line for the proposed lots. The previous phases of the subdivision were approved with a 15-foot front building line and the applicant has indicated a desire to continue the continuity of the development by placing the building line of the new lots as were previously approved or at 15-feet. The plat also indicates the creation of Lot 65 with a reduced lot depth and the Lot 105 as a lot without public street frontage. Based on the location of the existing floodway Lot 65 has been indicated along the western boundary with a lot depth of 31.42 feet. The lot is proposed with adequate area to allow for development of a new single-family home. The request includes a variance to allow the creation of a lot without public street frontage. The developer has indicated the desire is to create a secluded lot adjacent to the floodway and the area indicated for detention. The lot will be served by a 20 foot access and utility easement along the eastern property line of Lot 79. The driveways for Lots 79 and 105 will be accessed from this access and utility easement. The lots adjacent to the floodway are indicated with a 25-foot easement along the rear property line to allow access to the adjacent floodway. A note on the plat indicates all fencing is to be located outside the floodway easement. Staff is supportive of the request and the associated variances. Staff does not feel the creation of the nine (9) additional lots for the Bentley Court Subdivision at a density of 1.45 units per acre will significantly impact the development or the area. May 8, 2008 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: S-1435-C 6 I. STAFF RECOMMENDATIONS: Staff recommends approval of the request subject to compliance with the comments and conditions as noted in paragraphs D, E and F of the agenda staff report. Staff recommends approval of the variance request from the Subdivision Ordinance to allow a reduced lot depth for Lot 65 (Section 31-232(a)). Staff recommends approval of the variance request from the Subdivision Ordinance to allow a reduced front building line for the indicated lots (Section 31-256). Staff recommends approval of the variance request from the Subdivision Ordinance to allow the creation of a lot without public street frontage (Section 31-231). PLANNING COMMISSION ACTION: (MARCH 27, 2008) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated March 12, 2008, requesting a deferral of the item to the May 8, 2008, 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 placement of the item on the Consent Agenda for approval of the deferral request. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. PLANNING COMMISSION ACTION: (MAY 8, 2008) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated May 6, 2008, requesting a deferral of this item to the June 19, 2008, public hearing. Staff stated the deferral request would require a wavier 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 waive the Commission’s by-laws with regard to the late deferral request. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. The commission voted to approve the item for deferral on the consent agenda by a vote of 9 ayes, 0 noes and 2 absent. May 8, 2008 ITEM NO.: D FILE NO.: S-1610 NAME: Carter Combination Preliminary Final Plat LOCATION: Located at 11712 Stagecoach Road DEVELOPER: Mark Carter 23201 I-30 Bryant, AR 72022 ENGINEER: Hope Engineers 322 North Market Street Benton, AR 72015 AREA: 2.638 acres NUMBER OF LOTS: 3 FT. NEW STREET: 0 LF CURRENT ZONING: C-3, General Commercial District PLANNING DISTRICT: 16 – Otter Creek Planning District CENSUS TRACT: 42.08 VARIANCES/WAIVERS REQUESTED: 1. A deferral of the required street improvements for Tract A until redevelopment of the tract (Section 31-397). A. PROPOSAL/REQUEST: The property was illegally subdivided in 1999 by the previous owner. The subdivision created two tracts with Tract A containing 1.61 acres and Tract B containing 1.01 acres. The applicant is seeking recognition of the two tracts through the combined preliminary and final plat process as established by the Subdivision Ordinance. The applicant is seeking a deferral of the required street improvements adjacent to Tract A until such time Tract A is redeveloped. The applicant has indicated improvements will be completed to Tract B and no improvements are proposed within the area located adjacent to the floodway. The floodway area will be dedicated to the City. May 8, 2008 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: S-1610 2 B. EXISTING CONDITIONS: The site contains a commercial building wrapped with a hard surface parking area located on proposed Tract A and proposed Tract B is grass covered. To the south of the site is a large manufactured home park and to the west is a mixture of uses including residential, commercial and office uses. There is a property zoned PID to the west, which was recently approved to allow the construction of an office-warehouse development and further west is the Saline County line. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received an informational phone call from an area resident. All abutting property owners and Southwest Little Rock United for Progress were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Provide a certified survey showing the accurate placement of the floodway delineation. 2. 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. 3. Remove brick, mortar, and other debris from floodway on your property prior to approval of final plat. Per City code, the floodway must be kept free of encroachments by structures, fill material, debris, or fences. 4. With site development, provide the design of the street conforming to the Master Street Plan. Construct one-half street improvement to Stagecoach Road including 5-foot sidewalks with the planned development. These requirements apply to Tract A and Tract B. If the subject property is adjacent to the bridge structure, the property owner is also responsible for improvements to the initial fifteen (15) feet of span length of the bridge. 5. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The lots must share a single driveway access centered on the property line. The width of driveway must not exceed 36 feet. 6. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. May 8, 2008 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: S-1610 3 7. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). 8. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. 9. 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. 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. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main located on the property. Easements are required for approval of the final plat. Contact Little Rock Wastewater Utility at 688-1414 for additional information. Entergy: A 15-foot right of way is required where the road widening will occur. 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. Fire Department: Approved as submitted. 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. May 8, 2008 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: S-1610 4 G. SUBDIVISION COMMITTEE COMMENT: (March 6, 2008) Mr. Mark Carter was present representing the request. Staff presented an overview of the request stating the applicant was seeking approval to legitimize an illegal subdivision which had occurred approximately seven to eight years ago by the former owner. Public Works comments were addressed. Staff stated street improvements per the Master Street Plan and the Boundary Street Ordinances would be required. Staff also stated if the property was located adjacent to the bridge structure then improvements to the bridge for the first 15 feet would be required. Staff stated the driveway locations and widths were required to comply with Sections 30-43 and 31-210 of the City of Little Rock code. Staff stated the two (2) properties were required to share a driveway centered on the property line. Staff noted floodways were required to be shown as easements or be dedicated to the City. Staff also stated a 25 foot access easement was required adjacent to the floodway. There was a general discussion concerning the proposed street improvements and the cost of the bridge structure. Staff noted an in-lieu payment would be required and not actual construction of the bridge. Staff stated if improvements were not completed within 10 years the applicant’s money would be returned with interest. Staff stated it was important for the applicant’s engineer to provide the location of the bridge structure on the proposed plat. Staff noted comments from the various other reporting departments and agencies. Staff suggested the applicant contact these agencies directly for additional information. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant has provided staff with an updated plat based on comments received at the March 6, 2008, Subdivision Committee meeting. The applicant has located the bridge structure on the revised plat and indicated the area adjacent to the floodway as a separate tract to be dedicated to the City. The developer is seeking approval to allow street construction adjacent to Tract B and a deferral of the improvements adjacent to Tract A until such time as Tract A is redeveloped. The developer is requesting a waiver of the required street improvements adjacent to the floodway, the area to be dedicated to the City. The applicant has indicated the drives will be shared between Tracts A and B. Per the Boundary Street Ordinance requirements the property owner is responsible for improvements to the initial fifteen (15) feet of span length of the bridge. The developer is seeking a waiver of this requirement. According to the May 8, 2008 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: S-1610 5 developer the cost of the street improvements and the construction of the bridge far exceeds the current value of the land. Unlike several of the application types platting does not contain a hardship clause. Staff is not supportive of the waiver request nor the request for a deferral of the street improvements adjacent to Tract A. Staff feels the developer should provide the in-lieu contribution as typically required per the Boundary Street ordinance for the bridge structure and construct the street improvements adjacent to Tracts A and B. I. STAFF RECOMMENDATIONS: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (MARCH 27, 2008) The applicant was present. There were no registered objectors present. Staff presented the item stating based on the issues raised at the March 6, 2008, Subdivision Committee meeting staff recommended the item be deferred to the May 8, 2008, public hearing. There was no further discussion of the item. The chair entertained a motion for placement of the item on the Consent Agenda for approval of the deferral request. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. PLANNING COMMISSION ACTION: (MAY 8, 2008) Mr. Mark Carter was present representing the request. There were no registered objectors present. Staff presented the item with a recommendation of denial of the request. Mr. Carter stated his desire was to develop the site with a new building. He stated the subdivision was created illegally by the previous owner’s nine years ago. He stated he purchased the property as two lots and intended to develop the site with a new commercial building. He stated once applying for a building permit it was brought to his attention the illegal subdivision had occurred. He stated based on conversations with staff it had been stated if the illegal subdivision was over 10 years the City ignored the issue. He stated the property was zoned C-3 and he was planning to build a commercial building 5,000 to 6,000 square feet for a tenant finish out. He stated he did not desire to construct improvements adjacent to Tract C or participate in the cost of construction of the bridge. He stated he would dedicate to the City the area indicated as Tract C which was the floodway. He stated he was requesting a deferral of the required improvements adjacent to Tract A where the existing building was located. He stated the improvements to Tract B would be completed at the time of building permit for the new commercial building. Mr. Cater stated the street improvements adjacent to Tract A would result in the loss of a portion of the existing building. Mr. Cater stated the cost of the improvements vs. the cost of the land did not allow for the improvements. May 8, 2008 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: S-1610 6 He stated if he were required to complete the improvements he would not be able to build the new building. There was a general discussion between the Commission, staff and the applicant concerning the cost of improvements and the need for the improvements. Staff stated the improvements to the street would not cause the removal of a portion of the existing building. Staff stated with the right of way dedication and street construction there would still be 10 feet from the corner of the building to the new property line. Staff stated the boundary street ordinance and the subdivision ordinance both required improvements to be installed prior to the issuance of a final plat. Staff stated they were not supportive of the deferral of improvements. There was a general discussion of the various options. It was noted the site was located on a State Highway and was slated for future widening. Staff stated they did not know the existing time frame for widening. Commissioner Yates noted the site did contain sufficient area to demolish the existing building and allow construction of a larger project on the site. The Commission noted the application request stating the request was a waiver of the required contribution for the bridge construction, waiver of the street improvements adjacent to Tract C and a deferral of the improvements adjacent to Tract A until such time as redevelopment. Commissioner Yates noted there was no trigger other than redevelopment if the deferral request. A motion was made to approve the request as stated. The motion failed by a vote of 0 ayes, 9 noes and 2 absent. May 8, 2008 ITEM NO.: E FILE NO.: Z-3168-H NAME: Tract C Parkway Place Addition Short-form PD-R LOCATION: Located West of Oak Meadow Lane and South of Parkside Drive DEVELOPER: James Built Homes 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: 2.43 acres NUMBER OF LOTS: 19 FT. NEW STREET: 0 LF CURRENT ZONING: O-3, General Office District ALLOWED USES: General Office PROPOSED ZONING: PD-R PROPOSED USE: 19 detached single-family homes VARIANCES/WAIVERS REQUESTED: 1. A variance from the Subdivision Ordinance to allow the creation of lots utilizing a private street and the creation of lots without public street frontage (Section 31-207 and Section 31-231). 2. A variance from the Subdivision Ordinance to allow the creation of lots utilizing reduced lot widths and reduced lot area (Section 36-254(d)(4)). The applicant submitted a request dated March 12, 2008, requesting a deferral of this item to the May 8, 2008, public hearing. Staff is supportive of the deferral request. May 8, 2008 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: Z-3168-H 2 PLANNING COMMISSION ACTION: (MARCH 27, 2008) The applicant was present. There were no registered objectors present. Staff stated the applicant had submitted a request dated March 12, 2008, requesting a deferral of the item to the May 8, 2008, 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 placement of the item on the Consent Agenda for approval of the deferral request. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. STAFF UPDATE: The applicant submitted a request dated April 17, 2008, requesting this item be withdrawn from consideration without prejudice. Staff is supportive of the withdrawal request. PLANNING COMMISSION ACTION: (MAY 8, 2008) The applicant was present. There were no registered objectors present. Staff stated the applicant had submitted a request dated April 17, 2008, requesting withdrawal of the item from consideration without prejudice. Staff stated they were supportive of the withdrawal request. There was no further discussion of the item. The commission voted to approve the item for withdrawal on the consent agenda by a vote of 9 ayes, 0 noes and 2 absent. May 8, 2008 ITEM NO.: F FILE NO.: Z-4953-B NAME: Park Avenue Long-form PCD LOCATION: Located on the Northwest corner of St. Vincent Circle and University Avenue DEVELOPER: Strode Property Company 5950 Berkshire Lane #1600 Dallas, TX 75225 ENGINEER: Lawrence A. Cates and Associates, LLP 14800 Quorum Drive, Suite 200 Dallas, TX 75254 PLANNER: Good Fulton and Farrel 2808 Fairmount, Suite 300 Dallas, TX 75201 AREA: 28.39 acres NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF CURRENT ZONING: C-3, General Commercial District ALLOWED USES: General Commercial Uses PROPOSED ZONING: PCD PROPOSED USE: Mixed Use Development – Residential, Retail VARIANCES/WAIVERS REQUESTED: A variance to allow an increased wall height along McKinley Street. Based on the number of comments raised at the March 6, 2008, Subdivision Committee meeting, staff and the applicant request this item be deferred to the May 8, 2008, public hearing. May 8, 2008 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: Z-4953-B 2 PLANNING COMMISSION ACTION: (MARCH 27, 2008) The applicant was present. There were no registered objectors present. Staff stated based on the number of comments raised at the March 6, 2008, Subdivision Committee meeting, staff and the applicant requested the item be deferred to the May 8, 2008, public hearing. There was no further discussion of the item. The chair entertained a motion for placement of the item on the Consent Agenda for approval of the deferral request. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. STAFF UPDATE: Staff and the applicant have continued to meet to resolve outstanding issues. On April 30, 2008, both parties agreed to defer the item to allow time to address those issues. Staff recommends approval of the deferral request. PLANNING COMMISSION ACTION: (MAY 8, 2008) The applicant was present. There were no registered objectors present. Staff stated the applicant and staff had continued to meet to resolve outstanding issues and on April 30, 2008, both parties agreed to defer the item to the May 22, 2008, public hearing to allow time to address outstanding issues. Staff presented a positive recommendation of the deferral request. There was no further discussion of the item. The commission voted to approve the item for deferral on the consent agenda by a vote of 9 ayes, 0 noes and 2 absent. May 8, 2008 ITEM NO.: G FILE NO.: Z-3371-T NAME: Glenn Ridge Crossings Lot 6 Long-form PCD LOCATION: Located near the intersection of Colonel Glenn Plaza Drive and Bowman Plaza Drive DEVELOPER: Total Real Estate Development 1240 Bergen Parkway, Suite A-250 Evergreen, CO 80439 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 12.7 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: C-3, General Commercial District ALLOWED USES: General retail PROPOSED ZONING: PCD PROPOSED USE: Automobile sales and Automobile auction VARIANCES/WAIVERS REQUESTED: A variance from the Land Alteration Ordinance to allow grading of Lot 7 with the development of Lot 6. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The proposed development consists of the construction of a single story CarMax Automobile dealership on property located at the intersection of Bowman Plaza Drive and Colonel Glenn Plaza Drive, south of the Rave Theater and west of the Land Rover/Jaguar Automobile Dealership. The site is currently vacant. The proposed project would include the construction of an 8,147 square foot sales building, a 24,092 square foot service building, 1,102 square feet of presentation lanes and a 2,947 square foot final quality control building which includes a May 8, 2008 SUBDIVISION ITEM NO.: G (Cont.) FILE NO.: Z-3371-T 2 carwash. In addition to the sale of late model, pre-owned vehicles, service performed onsite by CarMax includes the reconditioning and detailing of vehicles for sale, limited repair services for customers (routine maintenance, oil changes, tire rotation, brake jobs, etc.), and the wholesale auction of vehicles to licensed dealers only (not the general public). No major engine work or body repair is done onsite and if cars are brought in for these major repairs, they are referred to local dealerships. The hours of operation are Monday through Saturday from 10 am to 10 pm and 12 pm to 6 pm on Sunday. The proposed design includes one access point off of Bowman Plaza Drive which leads into the customer/employee parking lot. Customers will enter through the sales building main entrance and can access the inventory lot (sales lot) only through the sales building. Cars brought in for service are brought by an employee through the “Presentation Lanes” area, through the “WIP” (work in process) area and into the service building. CarMax operates differently from traditional car dealerships in that it physically separates its inventory area from customer and employee parking. There is both a decorative fence as well as a guardrail (on sales lot side of the fence) that is located between the sales lot and customer/employee lot. This is both for loss prevention and operating efficiency and safety. The entire sales lot will be enclosed by a guardrail, except direct access from the sales building and the test drive gate. Access to and from the inventory lot is controlled via the means of a secured key-card gate (test drive gate from the sales lot to the customer/employee lot). Prospective customers are always accompanied by a CarMax associate during test drives, and only CarMax associates drive vehicles while they are on the sales lot. The on-site carwash and WIP areas are purely for internal use. The WIP area consists of a paved area (1.76 acres) that begins behind the service building and extends south to the sales lot. The entire WIP area is enclosed by a six foot decorative screen wall constructed from CMU block similar to the material used on the main building. The WIP area is not open to the public and is used strictly for the storage of cars waiting to be detailed, prior to being put on the sales lot, or for cars in preparation for auction. This lot is a staging area for vehicles and these vehicles are moved by CarMax employees only. In order to keep the WIP area as small and as efficient as possible, CarMax strongly prefers not to strip or landscape the WIP area. Another accessory use is a carwash, which utilizes 97 percent reclaimed water. A 12,000 gallon underground fuel storage tank is also planned to be located in the customer/employee parking lot. The fuel pump will be located next to the Final Quality Control/Carwash building within the WIP lot. The fuel pump will be used by CarMax associates only for the refueling of vehicles after test drives. An above the ground 1,000 gallon used oil tank will be located a minimum of five feet away from the service building. May 8, 2008 SUBDIVISION ITEM NO.: G (Cont.) FILE NO.: Z-3371-T 3 The sales parking lot is planned to include 330 parking spaces. The customer/employee parking lot will include 158 parking spaces to accommodate the 100-120 employees and customers. The customer/employee parking lot is specifically oversized so that when auctions are held there is additional parking for the registered dealers to park. As part of its customer offer, CarMax will purchase vehicles for cash, regardless of whether the customer purchases a vehicle. Some of these vehicles are reconditioned for resale to retail customers; while other vehicles do not meet the stringent standards required and are sold at wholesale auctions to licensed auto dealers that have pre-registered with CarMax. CarMax auctions are not open to the general public. The auction is held inside the final quality control building, and no loudspeakers are used outside the building. Auctions are held either once a week, or once every other week. Depending upon volume, between 100 and 140 vehicles are auctioned off within a 1-2 hour period. The auction usually occurs in the morning (around 10 am) when retail customer traffic is minimal. The 40-60 registered dealers that typically show up will bring hired drivers to drive the vehicles they purchase off the premises. Occasionally, a dealer may bring a small car carrier to transport purchased vehicles, and this loading will take place in the customer/employee lot. Dealers have 48 hours to remove purchases from the site; this time frame generally keeps the amount of car carriers at a minimum during the auction. B. EXISTING CONDITIONS: A portion of the site was previously cleared and leveled and the remainder of the site is wooded. Bowman Plaza Drive has been constructed to the southern boundary of the site. The Rave Theater is located to the north of the site and there is an automobile dealership located to the east. Currently under construction is an indoor amusement building located to the south. West of the site is wooded property currently zoned C-3, General Commercial District. Further west is the JA Fair High School. Other uses in the area include an office warehouse business, additional automobile dealerships, a bank, convenience store and residential homes. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents. All owners of property located within 200 feet of the proposed site along with the John Barrow Neighborhood Association, Southwest Little Rock United for Progress and all residents, who could be identified, located within 300-feet of the site were notified of the Public Hearing. May 8, 2008 SUBDIVISION ITEM NO.: G (Cont.) FILE NO.: Z-3371-T 4 D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. With site development, provide the design of the street conforming to the Master Street Plan. Construct the remaining street improvements to Bowman Plaza Drive including 5-foot sidewalks with the planned development. 2. Due to the proposed use of the property, the Master Street Plan specifies that Bowman Plaza Drive for the frontage of this property must meet commercial street standards. Dedicate right-of-way of 60 feet. 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. A variance is required to be obtained from the Planning Commission for grading of Lot 7 with this project. 5. Storm water detention ordinance applies to this property. 6. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 7. 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. 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. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available on Bowman Plaza Drive. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. May 8, 2008 SUBDIVISION ITEM NO.: G (Cont.) FILE NO.: Z-3371-T 5 Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. On-site water facilities to provide fire protection will be needed. A Capital Investment Charge based on the size of the meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all meter connections including any metered connections off the private fire system. Fire Department: Maintain a 20-foot gate 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. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the 65th Street West Planning District. The Land Use Plan shows Commercial. The applicant has applied for a rezoning from C-3 General Commercial to Planned Commercial Development to allow the development of an automobile sales lot and an auto auction. The request does not require a change to the Land Use Plan. Master Street Plan: Colonel Glenn Plaza Drive and Bowman Plaza Drive are both shown as Local Streets on the Master Street Plan. The primary function of a Local Street is to provide access to adjacent properties. Local Streets 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. Neighborhood Action Plan: This area is not covered by a City recognized Neighborhood Action Plan. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. The site plan reflects a sidewalk located within the interior landscape islands. To be given credit for these areas as interior islands, the landscaping within May 8, 2008 SUBDIVISION ITEM NO.: G (Cont.) FILE NO.: Z-3371-T 6 the interior island must be one hundred and fifty (150) square feet in area and a minimum of seven and a half (7 ½) feet in width. 3. The street buffer average is to average 6 percent of the depth of the site and in no case less than half. Credit can be given for areas that are larger overall; however, the area proposed for future expansion cannot be counted in this calculation for credit. 4. An automatic irrigation system to water landscaped areas will be required at the time of development. 5. Prior to the issuance of a building permit, it will be necessary to provide an approved landscape plan stamped with the seal of a Registered Landscape Architect. 6. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (April 17, 2008) Mr. Joe White of White Daters and Associates was present representing the applicant. Staff presented an overview of the proposed development stating there were additional items necessary to complete the review process. Staff questioned the auto auction activities to take place on the site. Staff stated no parking or loading or unloading of vehicles would be allowed in the public right of way. Staff also stated the signage plan indicates a sign with a total height of 70-feet. Staff stated they were not supportive of allowing signage with a total height of 70-feet. Staff questioned if banners would be used for special events or on a daily basis. Staff questioned if a dumpster would be located on the site and if so the location and the hours of dumpster service needed to be provided. Public Works comments were addressed. Staff stated all abutting streets would require construction to the Master Street Plan standard. Staff also stated streetlights would be required and should be installed prior to final platting or the issuance of the final certificate of occupancy. Staff stated the storm water detention ordinance would apply to development of the site. Staff also questioned if grading would be preformed on Lot 7 with the development of Lot 6. Staff stated this would require a variance from the Land Alteration Ordinance. Landscaping comments were addressed. Staff stated the site plan as presented did not reflect the required eight (8) percent interior landscaping as required by the Landscape Ordinance. Staff stated the reduction would require approval from the City Beautiful Commission. Staff also stated the indicated street buffers were not indicated to meet the typical ordinance requirements. Staff stated the buffers were to average 50 feet and in no case be less than 25 feet. Staff stated May 8, 2008 SUBDIVISION ITEM NO.: G (Cont.) FILE NO.: Z-3371-T 7 the site plan indicated the placement of sidewalks within the landscape areas. Staff stated to receive credit as interior landscaping the landscaped area was to be a minimum of 7 ½ feet in width and 150 square feet in area. Staff stated the interior parking lot should be broken with landscape islands with a maximum of 14 consecutive parking spaces before the placement of an island. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them directly for additional information. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing most of the issues raised at the April 17, 2008, subdivision committee meeting. The revised plan indicates the placement of two signs with a maximum height of 36-feet and a maximum sign area of 160 square feet, building signage consistent with signage typically allowed in commercial zones. The revised plan indicates street buffers consistent with the typical ordinance standards. The redesign of the plan allows for sufficient landscape to off set the limited landscape within the WIP parking lot. The location of the proposed dumpster along with a limitation for hours of dumpster service has been provided. The hours of operation are Monday through Saturday from 10 am to 10 pm and 12 pm to 6 pm on Sunday. The dumpster service hours are limited to day light hours seven days per week. The development is also proposed with an auto auction which will be held either once a week, or once every other week, depending upon volume. Between 100 and 140 vehicles are auctioned off within a 1-2 hour period. The auction usually occurs in the morning (around 10 am) when retail customer traffic is minimal with approximately 40-60 registered dealers. The dealers have 48 hours to remove purchases from the site; this time frame generally keeps the amount of car carriers at a minimum during the auction. All loading of vehicles will take place on site and out of the public right of way. The proposed development consists of the construction of a single story CarMax Automobile dealership which includes the construction of an 8,147 square foot sales building, a 24,092 square foot service building, 1,102 square feet of presentation lanes and a 2,947 square foot final quality control building and a carwash. The proposed design includes one access point off of Bowman Plaza Drive which leads into the customer/employee parking lot. CarMax proposes to buy and sell vehicles and service will be performed onsite. Typical service includes the reconditioning and detailing of vehicles for sale, limited repair services for customers (routine maintenance, oil changes, tire rotation, brake jobs, etc.) The wholesale auction of vehicles is to licensed dealers only (not the general public). No major engine work or body repair is May 8, 2008 SUBDIVISION ITEM NO.: G (Cont.) FILE NO.: Z-3371-T 8 done onsite and if cars are brought in for these major repairs, they are referred to local dealerships. The on-site carwash and WIP areas are purely for internal use. The WIP area consists of a paved area (1.76 acres) that begins behind the service building and extends south to the sales lot. The entire WIP area is enclosed by a six foot decorative screen wall constructed from CMU block similar to the material used on the main building. The WIP area is not open to the public and is used strictly for the storage of cars waiting to be detailed, prior to being put on the sales lot, or for cars in preparation for auction. This lot is a staging area for vehicles and these vehicles are moved by CarMax employees only. In order to keep the WIP area as small and as efficient as possible, CarMax strongly prefers not to strip or landscape the WIP area. The landscape ordinance requires vehicular use areas to be landscaped with a minimum of eight percent of the site in landscaped islands. Flexibility is permitted with the placement of the interior landscaped islands however interior landscaping should be generally evenly distributed throughout the vehicular use area. The developers are proposing the overall site be landscaped with a minimum of nine percent with interior islands. The site plan includes a bio-swale within the WIP parking area to filter surface water prior to being released to the detention area. The developer has also provided a landscape plan which indicates additional plantings and a portion of the plantings will be larger caliper to allow for mature plantings within the site and in the street buffer area around the perimeter of the wall-enclosed WIP lot. The sales parking lot is planned to include 330 parking spaces. The customer/employee parking lot will include 158 parking spaces to accommodate the 100-120 employees and customers. The customer/employee parking lot is specifically oversized so that when auctions are held there is additional parking for the registered dealers to park. The zoning ordinance would typically require the placement of five spaces plus one space for every 250 square feet of gross building area for automotive services. The specific parking requirements for an automobile sales lot is not addressed in the City’s ordinance. Staff feels the parking as proposed is more than adequate to serve the needs of the site. The development is proposed with signage consistent with signage allowed per the City’s zoning ordinance. Two pylon signs will be placed on the site with a maximum sign height of 36-feet and a total of 160 square feet in area. Building signage will be limited to a maximum of 10 percent of the total façade area. Signage will be allowed on all building fronts with public street frontage. Internal directional and informational signage will comply with the typical standards of Article X of the Little Rock Code of Ordinances. Staff is supportive of the request. The developers are proposing the rezoning of the site from C-3, General Commercial District to PCD to allow the development of this 12+ acre site with an automobile dealership. The use is not out of character with the area since there are a number of automobile dealerships May 8, 2008 SUBDIVISION ITEM NO.: G (Cont.) FILE NO.: Z-3371-T 9 located in the immediate area. Staff feels the landscape as proposed meets the spirit of the typical ordinance standards of both the zoning ordinance and the landscape ordinance. The development has provided additional landscape areas and increased the number of plantings and the caliper of the plantings in excess of the typical ordinance standard. Staff feels with these additions any significant impact will be mitigated. To staff’s knowledge there are no outstanding issues associated with the request. I. STAFF RECOMMENDATIONS: 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: (JANUARY 3, 2008) Mr. Joe White of White Daters and Associates was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request on November 29, 2007, requesting a deferral of the item to the February 14, 2008, 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 placement of the item on the Consent Agenda for Deferral. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. STAFF UPDATE: The applicant submitted a request dated January 29, 2008, requesting a deferral of this item to the May 8, 2008, public hearing. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (FEBRUARY 14, 2008) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated January 29, 2008, requesting a deferral of this item to the May 8, 2008, public hearing. Staff stated they were supportive of the deferral request. There was no further discussion of the item. A motion was made to approve the item as presented by staff on the consent agenda. The motion carried by a vote of 8 ayes, 0 noes and 3 absent. May 8, 2008 SUBDIVISION ITEM NO.: G (Cont.) FILE NO.: Z-3371-T 10 PLANNING COMMISSION ACTION: (MAY 8, 2008) 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 commission voted to approve the item for approval on the consent agenda by a vote of 9 ayes, 0 noes and 2 absent. May 8, 2008 ITEM NO.: H FILE NO.: S-1611 NAME: Lee Strong Subdivision Replat LOCATION: Located North of West 22nd Street, between Nichols and Wilson Streets DEVELOPER: Lee Strong 1021 Greystone Birmingham, AL SURVEYOR: Edward Lofton 15415 Oakcrest Lane Little Rock, AR 72204 AREA: .092 acres NUMBER OF LOTS: 6 FT. NEW STREET: 0 LF CURRENT ZONING: R-4, Two Family PLANNING DISTRICT: 11 – I-430 Planning District CENSUS TRACT: 24.04 VARIANCES/WAIVERS REQUESTED: 1. A variance to allow the creation of lots with a reduced lot width and a reduced lot area (Section 36-256(d)(4)). 2. A waiver of the Master Street Plan required street right of way dedication for West 22nd Street and a waiver of the required street construction and installation of curb, gutter and sidewalk to the abutting streets including West 22nd, Wilson and Nichols Streets. 3. A waiver of the requirement for the placement of streetlights within the plat area. A. PROPOSAL/REQUEST: The applicant is seeking a replat of three (3) existing single-family lots into six (6) single-family lots. The lots were originally final platted as Lots 1 – 4 and 21 – 24, Block 6, Hicks Interurban Addition. The lots were later replatted into 1, 2 and 4, Block 6, Frank Daley Subdivision. The request is to allow the lots to be replatted into the original configuration of six (6) lots. May 8, 2008 SUBDIVISION ITEM NO.: H (Cont.) FILE NO.: S-1611 2 The applicant is seeking a variance to allow the development of the lots per the R-3, Zoning District. The applicant is seeking a waiver of the required street right of way dedication for West 22nd Street. The applicant is also seeking a waiver of the required street construction to the abutting streets including curb, gutter and sidewalks. B. EXISTING CONDITIONS: The site is vacant, grass covered with a scattering of trees. There a number of new homes in the area currently under construction and recently completed. Immediately north, south and west of the site are new homes. There is a duplex located on Nichols Road to the north of proposed Lots 4A and 4B. The streets in the area are not constructed to Master Street Plan standard and have open ditches for drainage. The area is primarily residential. There are office uses and zoning located to the north of the site along Aldersgate Road near West 18th Street. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received an informational phone call from an area resident. All abutting property owners and the John Barrow Neighborhood Association were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. 22nd Street is classified on the Master Street Plan as a residential street. A dedication of right-of-way 25 feet from centerline will be required. 2. A 20 foot radial dedication of right-of-way is required at the intersections of Nichols and 22nd Streets and Wilson and 22nd Streets. 3. Provide design of the street conforming to the Master Street Plan. Construct one-half street improvement to Nichols Street, 22nd Street, and Wilson Street including 5-foot sidewalks. The new back of curb should be 13 feet from centerline. The back of the sidewalk should be placed at the property line. 4. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). 5. Streetlights are required by Section 31-403 of the Little Rock code. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting/certificate of occupancy. Contact Traffic Engineering 379-1813 (Steve Philpott) for more information. May 8, 2008 SUBDIVISION ITEM NO.: H (Cont.) FILE NO.: S-1611 3 E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Existing sewer main on site. Easements are required for the replat. Contact Little Rock Wastewater Utility at 688-1414 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. Contact Central Arkansas Water regarding the size and location of the water meter(s). Fire Department: Approved as submitted. 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: (March 6, 2008) The applicant was present. Staff presented an overview of the proposed development stating there were additional items necessary to complete the review process. Staff stated the property was currently zoned R-4, Two-family district which typically required a minimum lot width of 70-feet and a minimum lot area of 7,000 square feet. Staff also stated the developers were seeking a waiver of the required street right of way dedications and street improvements to the abutting roadways. Mr. Ed Lofton stated the developers desire was to match the existing new construction in the area which had not dedicated right of way nor completed street improvements. Mr. Lofton stated the new home south of West 22nd Street was constructed 25-feet from centerline or 5-feet from the existing property line. He stated West 22nd Street was a short street running three blocks. May 8, 2008 SUBDIVISION ITEM NO.: H (Cont.) FILE NO.: S-1611 4 Staff noted streetlights were required. Mr. Lofton stated the developer was also requesting a waiver of the requirement for streetlight construction. The committee member stated this was an amenity the residents would be willing to pay for. Mr. Lofton stated based on current sales prices the cost of the lights would increase the lot development cost thus increasing the cost of the homes outside the marketable rate. 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 plat to staff addressing most of the issues raised at the March 6, 2008, Subdivision Committee meeting. The request is to allow a replat of three (3) existing single-family lots into six (6) single-family lots. The lots were originally final platted as Lots 1 – 4 and 21 – 24, Block 6, Hicks Interurban Addition. The lots were later replatted into 1, 2 and 4, Block 6, Frank Daley Subdivision. The request is to allow the lots to be replatted into the original configuration of six (6) lots. The applicant is seeking a variance to allow the development of the lots per the R-3, Zoning District. Staff recommends if the plat is approved the applicant file to rezone the property to R-3, Single-family to allow the plat and the lot development standards of the zoning to more closely match. The request includes a waiver of the required street right of way dedication for West 22nd Street. A 25-foot right of way dedication was provided to the City of Little Rock for Nichols and Wilson Streets when the lots were replatted to the Frank Daley Subdivision. Staff is not supportive of the waiver of right of way dedication. The area is seeing new development and new home construction. Staff feels it is important to secure rights of way adequate to meet the typical ordinance standards at the time of platting. The applicant is also seeking a waiver of the required street construction to the abutting streets including curb, gutter and sidewalks. The development is abutted by West 22nd, Nichols and Wilson Streets. The developer has indicated a desire to match the existing street construction in the area which do not have curb, gutter or sidewalk. The developer would typically be required to install 580 linear feet of new paving, curb and gutter for one-half of the abutting streets. The area is developed with open ditches for drainage and the widths of the streets are such that two cars passing is difficult. Staff feels these basic street improvements should be completed with the replatting of the lots and the construction of the six new homes. The developers have indicated they do not desire to place streetlights within the proposed replat area. The developers have indicated no other street in the area contains streetlights and the placement of lights within this area would be out of character. The subdivision ordinance indicates streetlights shall be installed as May 8, 2008 SUBDIVISION ITEM NO.: H (Cont.) FILE NO.: S-1611 5 with all other basic utilities and infrastructure. Streetlights have become an important amenity to residents in the past few years and staff fields a number of calls from concerned citizens questioning how and when streetlights can be installed within the subdivision or along their street where lights are not currently in place. Staff has a number of concerns related to waivers being requested from the typical ordinance standards associated with the proposed replat. Based on these concerns staff cannot support the request. I. STAFF RECOMMENDATIONS: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (MARCH 27, 2008) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of denial of the request. Staff stated they were not supportive of the waivers being requested for the right of way dedication, the streetlight installation and the waiver of required street construction. Staff stated they were supportive of allowing the lots to develop per the R-3 standard. Mr. Rocky Herman addressed the Commission as the owner’s representative. He stated Mr. Lee Strong began purchasing property in the area 10 years ago and had started redeveloping the area. He stated Mr. Strong had developed 15 new homes in the area. He stated the homes were being built and targeted to low and moderate income families. He stated the area had not been constructed with curb, gutter or sidewalk. He stated the developer was requesting the ability to develop new homes in the area in the same manner as other developers. He stated there was new homes on the southeast and northwest corners of West 22nd and Wilson Streets. He stated these homes were not required right of way dedication or street construction. He stated the new homes were being sold for $135,000 to $140,000. He stated there were night watchers in the area which had been installed by the residents. Mr. Herman provided the Commission with photos of the area providing the new homes recently constructed. The photos also indicated the current street design in the area with narrow pavement and open ditches for drainage. Mr. Ed Lofton, also a representative of the owner, stated he did not see the need for right of way dedication along West 22nd Street. He stated the street was three blocks long and was not indicated as a right of way to continue in either direction. Mr. Lofton stated if the developer constructed the three duplexes the City would not get the streets widened and the number of new residences would net the same. May 8, 2008 SUBDIVISION ITEM NO.: H (Cont.) FILE NO.: S-1611 6 Ms. Sherry Hoover addressed the Commission with concerns. She stated she was supportive of the development of new homes in the area. She stated her concern was with the streets. She stated the streets were chip seal construction with open ditches for drainage. She stated the ditches were clogged with leaves. She stated streetlights were important to the neighborhood. She stated she did not want duplex housing in the area. She stated presently the residences parked in the streets which were very narrow. She stated she felt the lots should be developed with larger yard areas to allow the children a place to play besides the streets. Ms. Ruth Bell, League of Women Voters, addressed the Commission in opposition of the request. She stated the applicant had provided the Commission with a number of photos which only reinforced the need for street construction. She stated the larger area was approved for office development which would only generate additional traffic into the area. She stated at some point the City has to require street improvements. She stated it was important to uphold City policy and deal with on going problems in the area and to require street construction at the time of development. Mr. Herman stated he had lived in the area for a number of years and was involved with the City with the CDBG funds. He stated street construction which was a City problem should not be placed on the developers but be placed on the citizens as a whole. He stated the developers desire was to match the existing development pattern already going on in the area. The Commission questioned the existing right of way on West 22nd Street. Staff stated the right of way for Wilson and Nichols was 25-feet from centerline. Staff stated five feet was dedicated when the replat was approved for the Frank Dailey Subdivision. Staff stated the right of way from West 22nd Street was 20 feet from centerline and an additional five feet was being required. Mr. Herman questioned why staff had approved a replat on Aldersgate Road without requiring right of way dedication and street construction. Staff stated they were not familiar with the plat he was speaking of. There was a general discussion concerning the proposed plat and the requested variances. The Commission indicated they were not supportive of the waiver of right of way dedication. Commissioner Rector stated he would support the waiver of the street construction if the developer was willing to place the streetlights and provide the right of way. Staff stated they were not supportive of a waiver but would support phasing the street improvements. Mr. Herman stated he was not able to offer an amendment to the application without the owner stating the amendment was acceptable. The Commission suggested a deferral of the item to allow Mr. Herman to contact Mr. Strong. A motion was made to defer the item to the May 8, 2008, public hearing. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. May 8, 2008 SUBDIVISION ITEM NO.: H (Cont.) FILE NO.: S-1611 7 STAFF UPDATE: Staff has reviewed the requirement for streetlights in the area. The existing streetlights are adequate to serve the area and no new streetlights will be required as a result of this plat. There have been no other changes to this application request since the previous public hearing. The item was deferred from the Commission’s March 27, 2008, public hearing to allow the applicant to contact the owner regarding their desire for right of way dedication, street improvements and the placement of streetlights. PLANNING COMMISSION ACTION: (MAY 8, 2008) Mr. Ed Lofton and Mr. Rocky Herman were present representing the request. Staff presented an overview stating the item was previously deferred to allow the applicant to talk with the owner concerning the right of way dedication and the required street improvements. Staff stated they were no longer requesting the installation of streetlights. Staff stated the streetlights in the area were adequate. Staff noted the streets in the area were narrow and the area was served by open ditches for drainage. Staff stated they were not supportive of allowing a waiver or deferral of the required street construction. Staff also stated they felt the right of way for West 22nd Street should be provided per the Master Street Plan. Mr. Lofton provided the Commission with a survey indicating a 50 foot right of way for West 22nd Street. He stated the developer did not desire to construct the streets nor provide the curb, gutter and sidewalk. Mr. Herman stated the site was previously platted as six lots and was allow for development of three duplexes. He stated the previous owners had replatted the site into three lots. He stated the desire was to return the land to the original configuration. Ms. Ruth Bell addressed the Commission. She stated the League of Women Voters felt development should be assessed fairly. She stated noting had changed from the previous public hearing. She stated development was assessed street construction at the time of platting through out the City. She stated the Commission was charged with applying the rules equitably and the developers should complete the improvements and dedicated the required right of way at the time of development. The Commission questioned staff as to the applicant’s rights for construction as the lots were currently platted. Staff stated the owners could build duplexes without completing any street improvements. Staff stated development on existing platted lots did not trigger the boundary street ordinance. There was a general discussion by the Commission concerning the applicant’s request and the waiver of street improvements desired. The Commission indicated the request May 8, 2008 SUBDIVISION ITEM NO.: H (Cont.) FILE NO.: S-1611 8 was similar to a previous application on the current agenda and there was a great need to impose the boundary street ordinance consistently. A motion was made to approve the request as filed. The motion failed by a vote of 0 ayes, 9 noes and 2 absent. May 8, 2008 ITEM NO.: I FILE NO.: S-1509-A NAME: Valley Springs Subdivision Preliminary Plat LOCATION: Located West of Geyer Springs Road and North of Stillman Drive DEVELOPER: N and G Construction, Inc. P.O. Box 1178 Conway, AR 72033 ENGINEER: Magie Engineering & Land Development, Inc. 803 Harkrider Street Conway, AR 72032 AREA: 28.0 acres NUMBER OF LOTS: 80 FT. NEW STREET: 4,150 LF CURRENT ZONING: R-2, Single-family PLANNING DISTRICT: 15 – Geyer Springs West CENSUS TRACT: 41.06 VARIANCES/WAIVERS REQUESTED: 1. A variance from the Subdivision Ordinance to allow the development of lots with a reduced building line adjacent to a collector street (Section 31-256(1)); Lots 4 and 64. 2. A variance from the Subdivision Ordinance to allow an increased lot depth to width ratio for Lot 4 (Section 31-232(b)). 3. A variance from the Subdivision Ordinance to allow Lot 1 to develop with a reduced lot depth (Section 31-232(a)). BACKGROUND: On January 5, 2006, the Little Rock Planning Commission approved a request for a preliminary plat of this 28.0-acre tract allowing the creation of 79 single-family residential lots and two lots for future development. An average lot size of 10,454 square feet and a minimum lot size of 7,405 square feet was approved with a density of 3.27 units per acre. May 8, 2008 SUBDIVISION ITEM NO.: I (Cont.) FILE NO.: S-1509-A 2 The proposal included the development of 4,150 linear feet of new public streets. Valley Drive was indicated on the Master Street Plan as a collector street and was proposed with 36-feet of pavement and a 60-foot right of way constructed to Master Street Plan standard. During the public hearing process, after receiving comments from the neighborhood and the Commission, the applicant revised the plat to remove the connections of Stillman and Suzanne Drives through the proposed plat area. A variance to allow an increased lot depth to width ratio for proposed Lots 47 and 48 was approved with the request. Section 31-94(e) states a preliminary plat approved by the Planning Commission shall be effective and binding upon the Commission for two years from the date of approval or as long as work is actively progressing at the end of which time the final plat application for the subdivision must have been submitted to the planning staff. Any plat not receiving final approval within the period of time set forth herein or otherwise conforming to the requirements of the Subdivision Ordinance shall be null and void, and the developer shall be required to submit a new plat of the property for preliminary approval subject to all zoning restrictions and the Subdivision Ordinance. The time period for approval of the previously approved preliminary plat has expired and the applicant did not request a time extension as set forth by the Subdivision Ordinance. A. PROPOSAL/REQUEST: The developers are now seeking preliminary plat approval to allow the creation of 80 single-family lots. The lots are proposed with an average lot size of 8,250 square feet and a minimum lot size of 7,000 square feet. The lots will be accessed via new public streets with the extension of a collector street per the Master Street Plan, Valley Drive, and a new residential street, Alice Springs Drive. The proposed preliminary plat indicates the placement of a 25-foot front building line adjacent to the residential street. The applicant is seeking a variance from the Subdivision Ordinance to allow Lots 49 and 64 to develop with a 25-foot building line adjacent to Valley Drive, a collector street, which would typically require the placement of a 30 foot building line. There is also a variance to allow Lot 4 to develop with an increased lot depth to width ratio and a variance to allow Lot 1 to develop with a reduced lot depth. B. EXISTING CONDITIONS: The site is tree covered. There are single-family homes located to the north and south of the site. Along the western boundary of the site is a multi-family development accessed from Warren Street. There are two churches located in May 8, 2008 SUBDIVISION ITEM NO.: I (Cont.) FILE NO.: S-1509-A 3 the area, one to the south of the site and one to the north of the site. Northeast of the site is a high school. Northwest of the site is an elementary school. Further north of the site, accessed from Baseline Road, is the Southwest Community Center. Across Geyer Springs, to the east, there are multi-family units located on Valley Drive. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received an informational phone call from an area resident. All abutting property owners, Southwest Little Rock United for Progress, the Santa Monica Neighborhood Association and the Allendale Neighborhood Association were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Valley Drive is classified on the Master Street Plan as a collector street. A dedication of right-of-way of 60 feet will be required. 2. Geyer Springs Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. 3. With site development, provide the design of the street conforming to the Master Street Plan. Construct street improvement to these streets including 5-foot sidewalks with the planned development. Valley Drive should be constructed to a 36 foot wide collector standard including 275 feet minimum horizontal radii. Construct street improvement to Alice Springs Drive including 5-foot sidewalks with the planned development. Alice Springs Drive should be constructed to a 26 foot wide residential standard including 150 feet minimum horizontal radii. On the previously approved preliminary plat application, Stillman Drive and Susanne Drive were not required to connect to Valley Drive. 4. A special Grading Permit for Flood Hazard Areas will be required per Section 8-283 prior to construction. The current flood study ends just west of Geyer Springs Road. The majority of the site is located outside the limits of a detailed flood study. 5. 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. 6. Street Improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. May 8, 2008 SUBDIVISION ITEM NO.: I (Cont.) FILE NO.: S-1509-A 4 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 will need to be submitted and approved prior to the start of construction. 8. On site striping and signage plans should be forwarded to Public Works, Traffic Engineering for approval with the site development package. 9. Streetlights are required by Section 31-403 of the Little Rock code. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting/certificate of occupancy. Contact Traffic Engineering 379-1813 (Steve Philpott) for more information. 10. 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). 11. Street names and street naming conventions must be approved by Public Works. Contact David Hathcock at (501) 371-4808. 12. No fences or any other obstructions are allowed within the 50-foot drainage/utility easement. This statement should be shown on the final plat. 13. Conduct hydrologic and hydraulic analysis using HEC-RAS analysis to determine adequacy of drainage ditch and minimum finished floor elevation of proposed structures. A copy of the model is available from FEMA or the USCOE for your use. 14. Storm water detention ordinance applies to this property. 15. Is the applicant requesting to harvest timber as previously requested? E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required, with easements. Contact Little Rock Wastewater Utility for additional information. Entergy: Approved as submitted. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: 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. A 15-foot-wide easements paralleling the proposed lot line to allow for connections to the water mains in Susanne Drive and/or Stillman Drive may be required. This development will May 8, 2008 SUBDIVISION ITEM NO.: I (Cont.) FILE NO.: S-1509-A 5 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. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (March 6, 2008) The applicant was present. Staff presented an overview of the proposed subdivision stating the Commission had approved a similar request two years ago. Staff stated the time had expired and the applicant was seeking preliminary plat approval for the plat, which was proposed very similar to the previous approval. Staff requested the applicant provide additional details including the lot depth for Lots 50 and 51 and the linear feet of new street proposed. Staff also requested the applicant provide a phasing plan if the development would be constructed in multiple phases. Public Works comments were addressed. Staff stated Valley Drive was classified on the Master Street Plan as a collector street therefore a dedication of 60-feet of right of way and construction of a 36-foot street would be required at the time of development. Staff also stated Stillman and Susanne Drives were previously approved to not connect as indicated on the proposed plat. Staff noted no fences or other obstructions would be allowed within the indicated 50-foot drainage and utility easement. Staff also requested the applicant provide a hydrologic and hydraulic analysis using HEC-RAS analysis to determine adequacy of drainage structures and ditches in the area. Staff noted the minimum finished floor elevation was required to be shown on the proposed plat. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact the individual agency for additional information. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. May 8, 2008 SUBDIVISION ITEM NO.: I (Cont.) FILE NO.: S-1509-A 6 H. ANALYSIS: The applicant provided a revised plat to staff addressing most of the issues raised at the March 6, 2008, Subdivision Committee meeting. The applicant has provided the lot depth for Lots 50 and 51, the linear feet of new public street and a phasing plan for the development. The applicant has indicated the minimum finished floor elevation will be provided on the proposed lots. The applicant has indicated the rights of way and easements will be cleared at the time of placement of the infrastructure. All trees outside the right of way and easements will remain until the lots are developed. The developers are seeking preliminary plat approval to allow the creation of 80 single-family lots with an average lot size of 8,250 square feet and a minimum lot size of 7,000 square feet. The lots will be accessed via new public streets with the extension of a collector street per the Master Street Plan, Valley Drive, and a new residential street Alice Springs Drive. The proposed preliminary plat indicates Lots 49 and 64 with the placement of a 25-foot front building line adjacent to the Valley Drive, a collector street, which typically requires the placement of a 30 foot building line. The plat also indicates a variance to allow Lot 4 to develop with an increased lot depth to width ratio and Lot 1 to develop with a reduced lot depth. Staff is supportive of the variances as indicated. Lots 49 and 64 are indicated with an adequate area to comply with typical ordinance standards but based on the configuration of the lots the additional five feet will allow for more options of house design and building placement on the site. The increased lots depth to width ratio for Lot 4 and the reduced lot depth for Lot 1 are necessary based on the angle of Valley Drive. A portion of the street is currently in place. Staff is supportive of the request. To staff’s knowledge there are no outstanding issues associated with the request. Staff does not feel the creation of the new single-family subdivision in this area will significantly impact the area. The plat was previously approved in a similar configuration as the current development plan. The applicant has tried to address staff’s concerns based on the current design and comments raised at the previous public hearing. I. STAFF RECOMMENDATIONS: Staff recommends approval of the request subject to compliance with the following conditions: 1. Compliance with the comments and conditions as noted in paragraphs D, E and F of the agenda staff report. May 8, 2008 SUBDIVISION ITEM NO.: I (Cont.) FILE NO.: S-1509-A 7 2. No fences or other obstructions are to be located within the 50-foot drainage and utility easement. This restriction must be included in the general notes section of the preliminary plat and the final plat. Staff recommends approval of the variance request from the Subdivision Ordinance to allow the development of lots with a reduced building line adjacent to a collector street (Section 31-256(1)); Lots 49 and 64. Staff recommends approval of the variance request from the Subdivision Ordinance to allow an increased lot depth to width ratio for Lot 4 (Section 31-232(b)). Staff recommends approval of the variance request from the Subdivision Ordinance to allow Lot 1 to develop with a reduced lot depth (Section 31-232(a)). PLANNING COMMISSION ACTION: (MARCH 27, 2008) The applicant was present. There were no registered objectors present. Staff stated a concern had arisen concerning the right of way for Valley Drive. Staff recommended the item be deferred to the May 8, 2008, public hearing to allow staff adequate time to research the available right of way. There was no further discussion of the item. The chair entertained a motion for placement of the item on the Consent Agenda for approval for deferral of the request. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. STAFF UPDATE: Staff has determined the right of way for Valley Drive has not been dedicated to the City for public use. Based on the street being a private street the developer has redesigned the proposed subdivision to allow for two accesses to the subdivision as required by the State Fire Code. The proposed subdivision contains a total of 80 single-family residential lots with an average lot size of .28 acres and a minimum lot size of .19 acres. The site plan includes 1.14 acres of open space and 3,594 linear feet of new public street will be constructed with the proposed subdivision. The applicant is proposing Valley Drive constructed to collector standard per the Master Street Plan. The proposed plat indicates the placement of a 30-foot front building line along the proposed collector street as typically required per the Master Street Plan. The proposed plat indicates the extension of Stillman Drive from the current terminus to allow for a second access to the proposed subdivision. Stillman Drive is a dedicated public street with a 50-foot right of way and currently ends at the applicant’s southern May 8, 2008 SUBDIVISION ITEM NO.: I (Cont.) FILE NO.: S-1509-A 8 property line. Per the State Fire Code any single-family development in excess of 35 residential lots must provide a secondary access to the subdivision. The plat indicates the placement of a Neighborhood Park along the western boundary fronting Valley Drive, a private street. An access easement along the common lot lines of Lots 47 and 48 has been indicated to provide pedestrian access to the park. The developer will include in the Bill of Assurance for the Subdivision a mechanism for maintenance of the park area. Staff is supportive of the request. The proposed plat has been indicated meeting the typical standards of the Subdivision Ordinance. The development is proposed as a residential subdivision at a density of 2.86 units per acre. To staff’s knowledge there are no outstanding technical issues associated with the request. Staff feels the development of the subdivision with 80 residential lots and a 1.14-acre tract set aside for a neighborhood park is appropriate use for this site. 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 8, 2008) The applicant was not present. There were registered objectors present. The chair asked the applicant to come forward. There was no response from the applicant. The commission voted to defer the item to the June 19, 2008, public hearing to allow the applicant to be present for the discussion of the application request. There was no further discussion of the item. The commission voted to approve the item for deferral by a vote of 9 ayes, 0 noes and 2 absent. May 8, 2008 ITEM NO.: 1 FILE NO.: S-1278-B NAME: Ranch Highlands Preliminary Plat Vacation LOCATION: Located North of Valley Ranch Drive and West of Patrick Country Road DEVELOPER: Financial Centre Corporation Mr. Ed K. Willis P.O. Box 56350 Little Rock, AR 72211 ENGINEER: White Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 47 + acres NUMBER OF LOTS: 80 FT. NEW STREET: 5300 LF CURRENT ZONING: R-2, Single-family PLANNING DISTRICT: 20 - Pinnacle CENSUS TRACT: 42.05 VARIANCES/WAIVERS REQUESTED: None requested. A. BACKGROUND/PROPOSAL/REQUEST: Ranch Highlands Addition Preliminary Plat was approved by the Little Rock Planning Commission on May 11, 2000. The approval included the subdivision of 47 acres into 80 single-family residential lots. The approved plat established the lot layout and street configuration to serve the subdivision. The applicant proposed the development of the subdivision in three phases with Phase I being the construction of Valley Ranch Drive. The residential lots were to be developed in Phases II and III. The lots were to develop utilizing hillside development standards and were allowed to have a 15-foot front building line. The only portion of the subdivision which as been developed is Valley Ranch Drive. May 8, 2008 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-1278-B 2 The applicant is seeking a vacation of the previously approved preliminary plat for Phases II and III, which have not been final platted. These phases were previously indicated as Lots 1 – 80 of the Ranch Highlands Preliminary Plat. The applicant was recently approved a rezoning for property located to the south of this site and a condition was placed on the rezoning request to 1) file an amendment to the City’s Future Land Use Plan and 2) request a vacation of this single-family plat. The first condition has been met with an amendment to the City’s Future Land Use Plan being approved by the Board of Directors on April 1, 2008. The request allows for compliance with the second condition of the zoning. B. EXISTING CONDITIONS: The property is undeveloped and heavily wooded, with varying degrees of slope. There is a large amount of undeveloped property in the general area located to the north of Valley Ranch Drive. New office uses are being constructed to the south of the site accessed from Valley Ranch Drive. Valley Ranch Drive has been constructed extending from Cantrell Road but has not been connected to Patrick Country Road. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area property owners. All abutting property owners and the Coalition of West Little Rock Neighborhoods were notified of the Public Hearing. D. SUBDIVISION COMMITTEE COMMENT: (April 17, 2008) Staff stated the applicant was seeking a vacation of a previously approved preliminary plat for the site. Staff stated the vacation was a condition of the recently approved zoning for an area to the south of this site. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. E. ANALYSIS: Per Section 31-11 Vacation of Plats, any plat or any part of any plat lying within the City may be vacated by the owner at any time before the sale of any lot therein. Vacation of a plat shall be subject to the approval of the Board of Directors. The Board of Directors may reject any proposed plat vacation which abridges or destroys any public rights in any public use areas, improvements, streets or alleys. Any plat lying outside the City limits and within the extraterritorial jurisdiction may be vacated by action of the appropriate County authority. The owner of lands for which a request for vacation is filed and granted shall provide the appropriate documents to the County Recorder to carry out the vacation order. Upon recordation, such vacation shall have the effect of divesting the public of all rights in the streets, alleys, public areas and May 8, 2008 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-1278-B 3 dedications laid out for describing in such plat. When lots have been sold, the plat may be vacated in the manner established therein, provided the owners of all lots join the plat vacation application. A preliminary plat is legal and binding on the Commission for a period of two years as long as work is actively progressing, at the end of which time the final plat application for the subdivision must have been submitted to planning staff. The applicant has final platted Valley Ranch Drive which established the preliminary plat eliminating the time limitation. The developer is seeking vacation of Phases II and III of the proposed subdivision. According to the developer the future use of the property as single-family is not a valid option at this time and desires to vacate the plat. The developer is seeking a vacation of the previously approved preliminary plat for the proposed single-family lots maintaining the previously approved alignment for Valley Ranch Drive. On April 1, 2008, to Board of Directors approved an amendment to the City’s Future Land Use Plan changing this area to Office and Low Density Residential and a separate action rezoned proposed Lots 1 – 11 to O-3, General Office District. As a condition of approval of the rezoning request the applicant was to file a vacation request for this single-family plat. To staff’s knowledge there are no outstanding technical issues associated with the request. F. STAFF RECOMMENDATIONS: Staff recommends approval of the vacation request of the Ranch Highlands Preliminary Plat for the areas which have not previously been final platted and maintaining the previously approved alignment for the extension of Valley Ranch Drive. PLANNING COMMISSION ACTION: (MAY 8, 2008) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the vacation request of the Ranch Highlands Preliminary Plat for the areas, which had not previously been final platted and maintaining the previously approved alignment for the extension of Valley Ranch Drive. There was no further discussion of the item. The commission voted to approve the item for approval on the consent agenda by a vote of 9 ayes, 0 noes and 2 absent. May 8, 2008 ITEM NO.: 2 FILE NO.: S-1487-A NAME: The Ridge Estates Revised Preliminary Plat LOCATION: Located North of Pleasant Hill Road and West of Vimy Ridge Road DEVELOPER: Property Development Group P.O. Box 891 Bryant, AR 72089 ENGINEER: Laha Engineering 6602 Baseline Road, Suite E Little Rock, AR 72209 AREA: 59 acres NUMBER OF LOTS: 204 FT. NEW STREET: 8500 LF CURRENT ZONING: R-2, Single-family PLANNING DISTRICT: 16 – Otter Creek CENSUS TRACT: 41.04 Variance/Waivers: 1. A variance from Section 36-516(f)(1) to allow the placement of a six foot fence within the platted setback along Vimy Ridge Road and Pleasant Hill Road. 2. A variance to allow the placement of the sidewalks at the back of curb. BACKGROUND: On May 29, 2005, the Little Rock Planning Commission approved a preliminary plat to allow the subdivision of 59 acres into 198 single-family lots. The approval allowed a minimum lot size of 7,000 square feet and 8,500 linear feet of new street. The applicant indicated a tract along Vimy Ridge Road and Pleasant Hill Road to be maintained by the Property Owners Association designated for buffering of the subdivision from the adjoining roadways. The applicant also indicated a 25-foot platted building line along the front yard and side yard and rear yards to meet the minimum ordinance requirement. A phasing plan was not approved for the subdivision and the development May 8, 2008 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1487-A 2 was proposed in a single phase. The improvements for the proposed Phase I portion of the development have been completed. A. PROPOSAL/REQUEST: The developer is now proposing an amendment to the previously approved preliminary plat to create a phasing plan for the proposed subdivision. The development is proposed in five (5) phases with street construction to Vimy Ridge Road and the internal residential streets corresponding to the phasing plan. Temporary turn-arounds will be provided to accommodate City service vehicles. With the request the developer is seeking approval of the creation of six (6) additional lots and the removal of the previously indicated tracts along Vimy Ridge Road and Pleasant Hill Road. The plat previously was indicated with a large drainage swale which the developer has reduced through channelization allowing the additional lots to be created. The lots abutting Vimy Ridge Road and Pleasant Hill Road will be plated with a 10-foot no right of vehicular access easement. The plat also indicates fences may be constructed within the required rear yard setback of the abutting streets. The request also includes a variance from the Master Street Plan and the Boundary Street Ordinance to allow the placement of the sidewalk at the back of curb along Vimy Ridge Road and along the internal residential streets. The applicant has indicated the ground at the right of way on Vimy Ridge Road and on some of the internal lots is eight to ten feet above or below the curb. According to the applicant the sidewalks would be more likely utilized if the walks were place at grade with the street. B. EXISTING CONDITIONS: The majority of the site is tree covered with clearing and basic infrastructure improvements completed to the northern portion of the tract. North of the site the uses included residential, commercial and industrial. The area to the west of the site is vacant and was previously cleared of trees. The Quail Run Subdivision is located south of the site on Pleasant Hill Road. There is an approved POD located on Pleasant Hill Road to the southwest of the site. There is an area zoned MF-6 located on the southwest corner of Pleasant Hill Road and Vimy Ridge Road. C. NEIGHBORHOOD COMMENTS: As of this writing staff has received several informational phone calls from area residents. The Alexander Road Neighborhood Association, the Quail Run Neighborhood Association, Southwest Little Rock United for Progress and all abutting property owners were notified of the public hearing. May 8, 2008 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1487-A 3 D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Vimy Ridge 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. Pleasant Hill Road is classified on the Master Street Plan as a collector street. A dedication of right-of-way 30 feet from centerline will be required. 3. With the subdivision construction, provide the design of street conforming to the Master Street Plan. Construct one-half street improvements to Vimy Ridge Road and Pleasant Hills Road including 5-foot sidewalks with the planned development. On Vimy Ridge Road the back of curb should be 29.5 feet from the centerline. On Pleasant Hills Road, the back of curb should be 18 feet from centerline. On both streets, the back of sidewalk should be placed at the property line or a variance is required to be issued by the Planning Commission. 4. A 20 foot radial dedication of right-of-way is required at the intersection of Vimy Ridge Road and Pleasant Hills Road. 5. A 20 foot radial dedication of right-of-way is required at the intersection of the internal residential streets. 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. Storm water detention ordinance applies to this property. 8. Street names and street naming conventions must be approved by Public Works. Contact David Hathcock at (501) 371-4808. 9. The minimum centerline radius of 150 feet for standard residential streets must be provided. 10. Long straight street lengths encourage speeding. Measures should be taken to slow residential traffic. 11. Provide easement along lot lines as needed for storm water conveyance. 12. Streetlights are required by Section 31-403 of the Little Rock code. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting/certificate of occupancy. Contact Traffic Engineering 379-1813 (Steve Philpott) for more information. May 8, 2008 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1487-A 4 13. All disturbed areas not planned for construction must have vegetation established prior to reissuance of grading permit to begin construction. 14. Maintenance and improvements of the temporary detention pond(s) and erosion control devices are required immediately. Silt should be cleaned out of the ditch along Vimy Ridge Road. All denuded areas not to have construction in 21 days should be vegetated. 15. 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). E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Approved as submitted. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: No objection. 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. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (April 17, 2008) Mr. Scott Foster was present representing the applicant. Staff presented the item stating there were few outstanding technical issues associated with the request. Staff stated the plat was previously approved as a single phase development. Staff stated the applicant was now seeking approval of a phasing plan for the subdivision. May 8, 2008 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1487-A 5 Staff questioned the purpose of an area located between Lots 1 and 204. Staff requested the applicant provide the average lot size and the minimum lot size in the general notes section of the proposed plat. Staff also requested the applicant provide platted building lines along Vimy Ridge Road and Pleasant Hill Road per the typical ordinance standard. Staff questioned if a fence would be placed with in the setback of the lots abutting these roadways. Staff stated if fences were proposed the developer should seek a variance through the plat review process to allow fencing to be located on the property line. Public Works comments were addressed. Staff stated Vimy Ridge Road was indicated on the Master Street Plan as a minor arterial. Staff stated street construction and right of way dedication would be required to meet the typical ordinance requirements. Staff stated Pleasant Hill Road was indicated on the Master Street Plan as a collector street. Staff stated right of way dedication and street construction would be required along this roadway as well. Staff noted the storm water detention ordinance would apply to development of the site. Staff also stated radial dedications would be required at the intersection of all streets including Vimy Ridge Road and Pleasant Hill Road. Staff stated long straight streets encourage speeding. Staff requested the developer provide measures to discourage excessive speeds through the subdivision. Staff noted comments from the various other reporting departments and agencies. 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 April 17, 2008, Subdivision Committee meeting. The applicant has provided the required building lines, indicated 204 lots and provided the temporary turn-arounds on the proposed plat. The applicant has also indicated measures will be taken to discourage speeding along the long straight stretches of road. The current request is to allow an amendment to the previously approved preliminary plat to create a phasing plan for the proposed subdivision and add six (6) additional lots. Five (5) phases are being proposed with the abutting arterial street construction being completed with the corresponding phase. The interior street construction will also be phased with the development. Fifty-three lots and two tracts for detention are proposed in the first phase along with the street improvements to Vimy Ridge Road abutting Phase 1. Temporary turn-arounds will be provided to accommodate City service vehicles on the interior City streets. During Phase 1 only one access to Vimy Ridge Road will be May 8, 2008 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1487-A 6 provided. During the second phase an additional entrance to Vimy Ridge Road will be constructed along with 23 lots and an additional area of detention. Street improvements to Vimy Ridge Road will be constructed abutting the Phase 2 portion of the development. Phases 3 and 4 are located along the plats western boundary and will include internal street construction only. During the final phase (Phase 5) an additional entrance to Vimy Ridge Road will be constructed. During this phase improvements to Vimy Ridge Road and Pleasant Hill Road will be completed to Master Street Plan standard. With the request the developer is seeking approval of the creation of six (6) additional lots. The plat previously was indicated with a large drainage swale which the developer has reduced through channelization allowing the additional lots to be created. The plat is indicated with a minimum lot size of 7,000 square feet as typically required by the Subdivision Ordinance. The lots abutting Vimy Ridge Road and Pleasant Hill Road will be platted with a 10-foot no right of vehicular access easement. The plat indicates the placement of a 25-foot front yard building line, a 35-foot building line along Vimy Ridge Road (arterial street standard) and a 30-foot building line along Pleasant Hill Road (collector street standard). The lots are considered reverse frontage lots which means a lot designed to be developed with the rear yard abutting a major street and with primary means of ingress and egress provided on a minor street. Along arterial streets in proposed subdivisions where it is desirable to limit curb cut access, building lines shall be established on both frontages of double frontage lots. Along the line of lots abutting such traffic artery, a restricted access easement of at least ten (10) feet, across which there shall be no right-of-vehicle access permitted, shall be provided. The plat indicates fences may be constructed within the required rear yard setback of the abutting streets. The ordinance states between a required building setback line and a street right-of-way, the maximum height shall be four (4) feet. Other fences may be erected to a maximum height of six (6) feet. The developer has indicated a desire to allow the construction of a six foot fence within the rear yard setback of the homes abutting Vimy Ridge Road and Pleasant Hill Road. Staff recommends all fences at intersections be constructed as required in Section 36-516(f)(2) which states any fence erected along a property line corner or within the fifty (50) foot triangle formed by the property line intersection shall comply with the obstruction provisions of Section 32-8 of the Code of Ordinances. The applicant is requesting a variance from the Master Street Plan to allow the placement of the sidewalks at the back of curb within the proposed subdivision. According to the applicant the grade of some of the streets is eight to ten feet above or below the curb and if the sidewalks are placed as proposed the walks would more likely be utilized. Staff is not supportive of placing the sidewalk at the back of curb and feels from a safety standpoint the sidewalks should be located as far away as possible from the driving lanes. The ordinances require placement of the sidewalks at the back of curb to allow separation of pedestrians and motorist. Vimy Ridge Road is a well traveled roadway with vehicles traveling May 8, 2008 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1487-A 7 at a considerable rate of speed of 40 mph plus. Staff feels it is important to separate the pedestrians and vehicles. Staff is supportive of the proposed plat to allow the creation of a phasing plan and to allow the creation of seven additional lots within the subdivision. Staff is also supportive of the variance request from Section 36-516(e)(1) to allow the placement of six foot fences within the platted setback along Vimy Ridge Road and Pleasant Hill Road. Staff is not supportive of allowing the sidewalk to be placed at the back of curb. To staff’s knowledge there are no other outstanding technical issues associated with the request. I. STAFF RECOMMENDATIONS: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends approval of the variance request from Section 36-516(e)(1) to allow the placement of six foot fences within the platted setback along Vimy Ridge Road and Pleasant Hill Road. Staff recommends all fences at intersections be constructed as required by Section 36-516(f)(2). Staff recommends the sidewalks be placed at the property line as typically required per various City ordinances. PLANNING COMMISSION ACTION: (MAY 8, 2008) The applicant was not present. There were registered objectors present. The chair asked the applicant to come forward. There was no response from the applicant. The commission voted to defer the item to the June 19, 2008, public hearing to allow the applicant to be present for the discussion of the application request. There was no further discussion of the item. The commission voted to approve the item for deferral by a vote of 8 ayes, 0 noes, 2 absent, 1 recusal (Commissioner Troy Laha). May 8, 2008 ITEM NO.: 3 FILE NO.: S-1518-A NAME: Colonel Glenn Preliminary Plat (Minton Dairy Subdivision) LOCATION: Located at 14250 Colonel Glenn Road DEVELOPER: Entergy Arkansas Inc. 425 West Capitol Avenue 27th Floor Little Rock, AR 72201 SURVEYOR: Central Arkansas Surveying, Inc 1012 Autumn Road Little Rock, AR 72211 AREA: 7.8 acres NUMBER OF LOTS: 3 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family PLANNING DISTRICT: 18 – Ellis Mountain CENSUS TRACT: 42.07 VARIANCES/WAIVERS REQUESTED: 1. A variance from Section 31-231 to allow the development of a lot without public street frontage (Lot 3 Colonel Glenn Preliminary Plat). 2. A variance request from Section 31-232(b) to allow an increased lot depth to width ratio for proposed Lot 2. 3. A deferral of the required street improvements to Colonel Glenn Road. BACKGROUND: The plat of this property was approved by the Planning Commission on May 11, 2006. The plat was proposed containing 7.8 acres and three (3) lots. The plat contained variances which were forwarded to the Board of Directors on February 20, 2007, and approved by Ordinance No. 19706. A deferral of street improvements to Colonel Glenn Road was approved by the Board of Directors on February 20, 2007, by the adoption of Ordinance No. 19,705. The deferral was granted for five years or until adjacent development occurred. The plat was approved subject to the east property line being established by a court decree. The Decree establishing the boundary was entered in Case No. CV-06-13229 on September 21, 2007 and filed of record on March 31, 2008, May 8, 2008 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-1518-A 2 with the Pulaski County Circuit Clerk. Although the plat area is located outside the City limits of the City of Little Rock, the site is located within the Extraterritorial Planning Jurisdiction. A Conditional Use Permit for the placement of a utility subdivision on proposed Lot 3 was approved by the Commission at their May 11, 2006, public hearing. The substation has not been constructed and a request for a revision to the Conditional Use Permit for the utility substation on proposed Lot 3 will be considered by the Commission at their May 22, 2008, public hearing. (File No. Z-7980-A). A. PROPOSAL/REQUEST: The applicant is now requesting a revision to the previously approved preliminary plat to correct the names of owners of the property being subdivided and to reflect the proper legal description of the plat boundary. The property owners signing the affidavit were members of Minton, LLC, which granted Entergy authority to act as their agent in the platting process. Minton LLC was dissolved prior to the Commission acting on the proposed preliminary plat raising a legal question as to the authority of Entergy to represent the owners at the public hearing. The proposed subdivision involves the creation of three (3) residential lots from a 7.8 acre tract located at 14250 Colonel Glenn Road. The average lot size proposed is 2.6 acres with the minimum lot size being 2.41 acres. The property is currently zoned R-2 Single-family. Access to Lot 3 will be provided via a 25-foot private access and utility easement extending from Colonel Glenn Road. There are two variances from the Subdivision Ordinance associated with the proposed preliminary plat; a variance to allow the development of a lot without public street frontage and to allow an increased lot depth to width ratio. The applicant is requesting a five year deferral of the required street construction to Colonel Glenn Road. Since the area is not yet served by the municipal sewer system, wastewater disposal for the proposed lots will be by individual septic systems. The applicant has contacted the Arkansas Department of Health concerning the proposed treatment systems. B. EXISTING CONDITIONS: There is an existing block building and barn located on proposed Lot 1. Lot 2 is currently vacant and Lot 3 is a wooded site. Colonel Glenn Road is an unimproved roadway with no sidewalk and open ditches for drainage. The roadway in this area is somewhat hilly with limited sight distance on the roadway in several locations. There are two approved Planned Developments located near the proposed plat area; a Planned Commercial Development for the Pulaski County Humane Society and a Planned Commercial Development approved for a beauty salon. May 8, 2008 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-1518-A 3 C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area property owners indicating concern with the request. The abutting property owners along with Southwest Little Rock United for Progress 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 will be required. 2. The minimum finish floor elevation above the 100-year flood elevation, as established by Pulaski County is required to be shown on the plat. 3. A minimum 25-foot shared access easement must be shown on plat. 4. With site development, provide the design of the street conforming to the Master Street Plan. Construct one-half street improvement to Colonel Glenn Road including 5-foot sidewalk with the planned development. The back of curb should be located 29.5 feet from centerline. The Board of Directors approved an ordinance on February 20, 2007, deferring construction of the street for five years or until adjacent development by the adoption of Ordinance No. 19,705. 5. All driveways shall be concrete aprons per City Ordinance. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Property is located outside the current service boundary of the City of Little Rock. Provide the means of wastewater disposal and a certification indicating the proposed treatment is acceptable. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: Water service is not available to Lot 3. Limited fire protection is available from water facilities on the north side of Colonel Glenn Road. May 8, 2008 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-1518-A 4 Fire Department: The site is located outside the service area of the City of Little Rock. Provide a letter from the area volunteer fire department indicating their knowledge of the proposed preliminary plat. County Planning: 1. Show second land corner and state plane coordinates. 2. Show contour lines. 3. Provide drainage plan. 4. Provide Bill of Assurance. 5. Provide certificate of preliminary plat approval for the County. 6. Provide proof of fire protection. 7. Obtain an ADEQ permit. 8. Show floodplain/floodway information on the plat. 9. Provide the name of the engineer. 10. Label the 25’ easement (probably access). 11. Provide the County with a $33 review fee. 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: (April 17, 2008) The applicants were present representing the request. Staff presented an overview of the development stating the item was previously approved by the Commission but was being resubmitted to clarify the signatures on the affidavit. Staff stated in the original request the owners signed the affidavit under a LLC that had been dissolved prior to the applicant’s filing the preliminary plat application. Staff stated the additional items necessary were a letter from the area volunteer fire department, a letter certifying the indicated lots would perk with septic systems and the plat to include the limits of the flood plain and floodway. Staff also requested the applicant provide the source of water in the general notes section of the site plan. Staff stated a letter from William Almand, PA had been provided to the applicant’s previously which in summary stated there were discrepancies with the plat and the Court Order. The applicants stated they were prepared to address these issues. May 8, 2008 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-1518-A 5 Public Works comments were addressed. Staff stated right of way dedication per the Master Street Plan would be required along Colonel Glenn Road. Staff also stated a minimum 25-foot shared drive was required along the common property line of Lots 1 and 2 to provide access to Lot 3. Staff also stated a deferral of the required street construction was approved by the Little Rock Board of Directors on February 20, 2007. County Planning comments were addressed. Staff requested the applicant provide the second land corner and state plane coordinates. Staff also requested the applicant provide the drainage plan, the bill of assurance and certificate of preliminary plat approval for the County. Staff requested the 25-foot access be properly labeled as an access and utility easement. Staff noted the County was also requesting a review fee. Staff noted comments from the various other reporting departments and agencies. 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 preliminary plat to staff addressing the issues raised at the April 17, 2008, Subdivision Committee meeting. The applicant has indicated there are no landlocked parcels within or abutting the plat area. The proposed driveway width is 25-feet and has been labeled as an access and utility easement. Typically the minimum access required for fire protection is a 20-foot minimum drive or gate opening. The indicated 25-foot access easement, in staff’s opinion, is adequate. The revised preliminary plat indicates the property is located in the floodplain but no portion of the property is located within the floodway. The preliminary plat indicates a minimum floor elevation set above the 100-year elevation for each of the indicated lots ranging from 356.5-feet to 357.5 feet. The applicant is requesting a deferral of the required street improvements to Colonel Glenn Road for five years or until abutting development occurs. Staff is supportive of the deferral request of street improvements to Colonel Glenn Road. Ordinance No. 19,705 adopted by the Little Rock Board of Directors on February 20, 2007, allowed for this deferral. The applicant is seeking to restart the clock on the street deferral. There are two variances from the Subdivision Ordinance associated with the proposed preliminary plat; a variance to allow the development of a lot without public street frontage and to allow an increased lot depth to width ratio. Staff is May 8, 2008 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-1518-A 6 supportive of the proposed requests. The lots are indicated with adequate frontage to allow development of residential units with adequate setbacks from the roadway and property lines. Staff does not feel the increased lot depth to width ratio will negatively impact the proposed lot. Staff does not feel the development of the proposed lot without public street frontage will negatively impact the developability of proposed Lot 3. A 25-foot access and utility easement, sufficient to provide emergency services to the site, has been indicated across proposed Lot 1. Since the area is not yet served by the municipal sewer system, wastewater disposal for the proposed lots will be by individual septic systems. The applicant has contacted the Arkansas Department of Health concerning the proposed treatment systems. The applicant has provide staff with an approval of the proposed wastewater treatment system indicating the lots appear adequate for the placement of a wastewater treatment system. The applicant has contacted the area volunteer fire department concerning the proposed preliminary plat. Staff has received written documentation from the fire department. The fire department indicates concerns with the proposed development of Lot 3 with the proposed substation but no concerns are indicated with the proposed platting of the lot. Staff is supportive of the proposed preliminary plat. The plat area is indicated with lot sizes adequate to allow for development with the minimum lot size proposed as 1.89 acres and an average lot size of 2.49 acres. Central Arkansas Water has water service available in the area and a water line could be extended to serve the proposed lots. To Staff’s knowledge there are no outstanding issues associated with the proposed request. Staff does not feel the proposed subdivision of this parcel as proposed will significantly impact the adjoining properties. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions outlined in paragraphs D, E and F of the above agenda staff report. Staff recommends approval of the variance request from Section 31-231 to allow the development of a lot without public street frontage (Lot 3 Colonel Glenn Preliminary Plat Minton Dairy Subdivision). Staff recommends approval of the variance request from Section 31-232(b) to allow an increased lot depth to width ratio for proposed Lot 2 Colonel Glenn Preliminary Plat Minton Dairy Subdivision. May 8, 2008 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-1518-A 7 Staff recommends approval of the deferral request of the required street improvements to Colonel Glenn Road. PLANNING COMMISSION ACTION: (MAY 8, 2008) The applicant was present. There were registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff also presented a recommendation of approval of the variance request from Section 31-231 to allow the development of a lot without public street frontage (Lot 3 Colonel Glenn Preliminary Plat Minton Dairy Subdivision), Section 31-232(b) to allow an increased lot depth to width ratio for proposed Lot 2 Colonel Glenn Preliminary Plat Minton Dairy Subdivision and the deferral request of the required street improvements to Colonel Glenn Road. Mr. James Jones addressed the Commission as the applicant. He stated Entergy was representing the Minton Family on the platting request. He stated the request for the plat were two fold. He stated the first was to clarify ownership of the persons signing the affidavit and the second was to correct the boundary line of the plat as imposed by the Court Decree. He stated the plat was a three lot plat. The property was zoned residentially and the lots were proposed with adequate areas to develop as residential lots. Ms. Sue Ann Stephens addressed the Commission in opposition of the request. She stated the survey submitted with the plat was incorrect and was under investigation by the State Survey’s Office. She stated the survey was not signed nor was the survey stamped as required for all surveys submitted for review. She stated the survey did not include the fence location which was the point of contention. She stated the State Survey’s Office also noted the survey was to include all physical features. The Commission questioned Ms. Stephens as to her statement concerning the survey. She stated the Central Arkansas Surveying, the company preparing the survey were not licensed to practice in the Stated of Arkansas. She stated the fence was the common boundary line between her property and the Minton property. She stated with the survey prepared for Entergy by Central Arkansas Surveying the fence was moved encroaching onto her property. She stated the Judge ruled the property line was the fence line. Mr. Francis Jamell addressed the Commission in opposition. He stated all features should be included on a survey including the fence. He stated with adjusting the property line on the survey prepared for Entergy not only removed property from the Stephens ownership it also removed property from his ownership. He stated the May 8, 2008 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-1518-A 8 incorrect boundary resulted in a 11 foot loss of property at the corner of the Stephens’ property. He stated the survey was illegal and the courts had established the boundary of the property. He stated the discussion was to be limited to the platting of the property and not to use. He stated it was a deception of staff to put before the Commission a residential plat when the development of one of the lots was for a utility substation. He stated the original owners the Minton LLC was dissolved not prior to the Commission acting on the request but in 2004, a number of years before the Commission heard the item. He stated the intent was to divide the property between the heirs. He stated in 2005, Larry Minton granted back to the LLC the ability to prepare a plat to allow the creation of the subdivision. He stated the access as indicated on the plat were not adequate to serve the proposed lots or the future substation. He stated the site was located within a floodway and Entergy stated at a PSC meeting they would need to channelize the creek the entire length to not flood the nearby property owners. He stated staff had indicated the Health Department had stated the lots were adequate to allow a septic system to be installed on the lots. He stated the Health Department had not provided an approval for the proposed septic systems. Mr. Jamell stated the lots were never going to redevelop. He stated there were a number of environmental issues associated with the lots which could not be addressed to allow for redevelopment. He stated a large fuel tank was located underground and the barn was filled with asbestos. He stated to access Lot 3 a bridge was required which could not be built. He questioned why Entergy did not buy five acres and apply for a rezoning of the area to an industrial zoning district. He stated a utility substation was not a residential use. He stated the plat indicated a 25-foot access. He stated the County would not allow a residential subdivision to be served by a private access. He stated the request was a new application to subdivide the property into three residential lots. He stated the last time the item was before the Commission there was no opposition. He stated that was not the case in this situation. He stated there were a number of objectors present. Mr. James Jones stated the plat was presented with the corners as established by the Court order. He stated the preliminary plat was not required to be signed. He stated the plat would be signed at the time of presentation for approval. Commissioner Adcock questioned the number of homes proposed for construction. Mr. Jones stated it was his understanding that one home for each lot could be constructed. Commissioner Adcock questioned if one home would be built on 3.4 acres. The Commission questioned if Entergy had purchased the property. Mr. Jones stated Entergy had a purchase agreement if all approvals were received. There was no further discussion of the item. The commission voted to approve the item by a vote of 7 ayes, 1 noes, 2 absent and 1 recusal (Commissioner Nunnley). May 8, 2008 ITEM NO.: 4.1 FILE NO.: S-1615 NAME: Dickson Mill Addition Plat Variance LOCATION: Located at 3600 West 29th Street DEVELOPER: Lauderdale Roofing 3600 West 29th Street Little Rock, AR 72204 SURVEYOR: Marlar Engineering 5318 John F. Kennedy Boulevard North Little Rock, AR 72116 ARCHITECT: Terry Burruss Architects 1202 South Main Street Little Rock, AR 72202 AREA: 2.409 acres NUMBER OF LOTS: 12 FT. NEW STREET: 0 LF CURRENT ZONING: I-2, Light Industrial District PLANNING DISTRICT: 9 – I-630 CENSUS TRACT: 12 VARIANCES/WAIVERS REQUESTED: A variance to allow the creation of lots without public street frontage. A. PROPOSAL/REQUEST: The applicant is seeking an abandonment of right of way for West 29th Street as a separate item on this agenda (File No. G-23-398 - Item No. 4.2). The abandonment of the right of way will create lots without public street frontage for Lots 1 – 5 Block 11 and 8 – 12 Block 12 Dickson Mill Addition. The abandoned right of way will be held as an access and utility easement allowing legal and physical access to these lots. May 8, 2008 SUBDIVISION ITEM NO.: 4.1 (Cont.) FILE NO.: S-1615 2 B. EXISTING CONDITIONS: A roofing company is using the site as a maintenance and storage yard. There are single-family homes located to the west of the site and vacant property located to the south. The site is currently zoned I-2, Light Industrial District. Property to the east of the site is zoned C-3, General Commercial District and is a nursing home facility. The Pulaski County Regional Detention Center is located to the east and the County Road and Bridge Department is located to the south. Maple Street is an unimproved roadway with open ditches for drainage. West 29th Street is also a narrow roadway with open ditches for drainage. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received one informational phone call from an area property owner. All abutting property owners and the Love Neighborhood Association were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Easements are required for all storm water drainage areas. 2. An access easement should be maintained through the abandoned right-of- way. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this property. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: There is a 2-inch galvanized water main on the northerly side of West 29th Street. If this line will be maintained or replaced, the right-of-way of West 29th Street will need to be retained as a utility easement. Fire Department: Maintain fire department access. Contact the Little Rock Fire Department for additional information. May 8, 2008 SUBDIVISION ITEM NO.: 4.1 (Cont.) FILE NO.: S-1615 3 County Planning: No comment. CATA: The site is located near CATA Bus Route # 14 – the Rosedale Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (April 17, 2008) Mr. Terry Burruss was present representing the applicant. Staff stated the item was two fold. Staff stated the request included the abandonment of a right of way for West 29th Street which would then create a variance to the existing platted lots creating lots without public street frontage. Staff stated the applicant was seeking a plat variance in addition to the right of way abandonment. Staff stated the abandoned right of way needed to be retained as an access and utility easement. Staff also stated the water department had requested the right of way be retained as a utility easement. Staff requested the developer provide approval letters from the five utility companies and a letter from an abstract company indicating the reversionary rights of the right of way. Staff noted comments from the various other reporting departments and agencies. 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 has provided staff with the additional information requested at the April 17, 2008, Subdivision Committee meeting. The applicant has indicated the abandoned right of way will be retained in its entirety as an access and utility easement. The abstract company has indicated all of the abandoned right of way will be returned to the abutting property owners. The applicant is the sole abutting property owner. The applicant is seeking a plat variance to allow lots without public street frontage. The developer is proposing the abandonment of West 29th Street from Maple Street eastward for approximately 300 feet terminating at the applicant’s eastern property line. The entire abandonment will be retained as an access and utility easement to allow the existing utilities to remain in the current location and to allow fire protection. May 8, 2008 SUBDIVISION ITEM NO.: 4.1 (Cont.) FILE NO.: S-1615 4 With the abandonment Lots 1 through 5 Block 11 and Lots 8 through 12 Block 12 Dickson Mill Addition will be left without public street frontage thus necessitating the plat variance. The site is zoned I-2, Light Industrial District which typically requires the placement of a 50 foot front yard setback and a 25 foot rear yard setback. With the abandonment the required setback will be eliminated along West 29th Street allowing for the construction of a new building on the site to serve Lauderdale Roofing, the owners. Staff is supportive of the request. Staff does not feel the creation of the lots without public street frontage will significantly impact the area. The entire abandonment will be retained as an access and utility easement allowing for legal and physical access to the site. To staff’s knowledge there are no outstanding technical issues associated with the request. I. STAFF RECOMMENDATIONS: 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 8, 2008) 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 commission voted to approve the item for approval on the consent agenda by a vote of 9 ayes, 0 noes and 2 absent. May 8, 2008 ITEM NO.: 4.2 FILE NO.: G-23-398 NAME: West 29th Street Right of Way Abandonment LOCATION: Located on West 29th Street East of Maple Street OWNER/APPLICANT: Lauderdale Roofing 3600 West 29th Street Little Rock, AR 72204 ARCHITECT/CONTACT: Terry Burruss Architects 1202 South Main Street Little Rock, AR 72202 REQUEST: To abandon a portion of West 29th Street located within and adjacent to Blocks 11 and 12 Dickson Mill Addition PURPOSE: To allow for future development. STAFF NOTE: Lauderdale Roofing is requesting the abandonment of West 29th Street located East of Maple Street as a public right of way. The area of abandonment will be retained as an access and utility easement to continue to allow legal and physical access to the abutting lots. The area of abandonment proposed is a 50 foot by 300 foot area. The site contains 15,000 square feet or .34 acres. STAFF REVIEW : A. Public Need for this Right of Way: As noted in paragraph G., none of the public utility companies object to the abandonment request. All of the public utilities request all or portions of the abandonment be retained as utility easements. The Public Works comments are as follows: An easement should be maintained for any utility located in the abandoned right of way. May 8, 2008 SUBDIVISION ITEM NO.: 4.2 (Cont.) FILE NO.: G-23-398 2 B. Master Street Plan: There are no Master Street Plan issues, as none of the right of way proposed for abandonment are classified as a collector street or higher. C. Characteristics of Right of Way Terrain: A roofing company is using the site as a maintenance and storage yard. There are single-family homes located to the west of the site and vacant property located to the south. The site is currently zoned I-2, Light Industrial District. Property to the east of the site is zoned C-3, General Commercial District and is a nursing home facility. The Pulaski County Regional Detention Center is located to the east and the County Road and Bridge Department is located to the south. Maple Street is an unimproved roadway with open ditches for drainage. West 29th Street is also a narrow roadway with open ditches for drainage. D. Development Potential: The areas of abandonment will be incorporated into the adjoining lots which is proposed for future development by the applicant. E. Neighborhood and Land Use Effect: Property to the South of the proposed abandonment is zoned I-2, Light Industrial District. Property to the east is zoned C-3, General Commercial District and was constructed as a motor court and is currently a nursing home/retirement village. The property to the west is zoned R-3, Single-family and was previously used by the Arkansas State Police. Also located in the immediate area is the Pulaski County Detention facility and Pulaski County Road and Bridge. F. Neighborhood Position: The Love Neighborhood Association was notified of the abandonment request. As of this writing staff knows of no objectors to the abandonment request. G. Effects on Public Services or Utilities: Wastewater: Sewer available to this property. Entergy: No comment received. Center-Point Energy: No comment received. May 8, 2008 SUBDIVISION ITEM NO.: 4.2 (Cont.) FILE NO.: G-23-398 3 AT & T: No comment received. Central Arkansas Water: There is a 2-inch galvanized water main on the northerly side of West 29th Street. If this line will be maintained or replaced, the right-of-way of West 29th Street will need to be retained as a utility easement. Fire Department: Maintain fire department access. Contact the Little Rock Fire Department for additional information. H. Reversionary Rights: All of the rights of way were dedicated with the Dickson Mill Addition Plat. The Bill of Assurance for the Subdivision is not legible. It likely contains no reversionary rights. The areas of abandonment will revert to the owner, Lauderdale Roofing Company, owner of all abutting properties. I. Public Welfare and Safety Issues: Abandonment of the right of way will have not adverse impact on the public welfare or safety. The Little Rock Fire Department has expressed no objection to the abandonment request but has indicated fire access must be maintained. Subdivision Committee Comment: (April 17, 2008) Mr. Terry Burruss was present representing the applicant. Staff stated the item was two fold. Staff stated the request included the abandonment of a right of way for West 29th Street which would then create a variance to the existing platted lots creating lots without public street frontage. Staff stated the applicant was seeking a plat variance in addition to the right of way abandonment. Staff stated the abandoned right of way needed to be retained as a access and utility easement. Staff also stated the water department had requested the right of way be retained as a utility easement. Staff requested the developer provide approval letters from the five utility companies and a letter from an abstract company indicating the reversionary rights of the right of way. Staff noted comments from the various other reporting departments and agencies. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. Staff Recommendation: Staff recommends approval of the requested right of way abandonment subject to retaining the area of the abandonment as an access and utility easement as noted in paragraph G of the staff report. May 8, 2008 SUBDIVISION ITEM NO.: 4.2 (Cont.) FILE NO.: G-23-398 4 PLANNING COMMISSION ACTION: (MAY 8, 2008) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the requested right of way abandonment subject to retaining the area of the abandonment as an access and utility easement as noted in paragraph G of the staff report. There was no further discussion of the item. The commission voted to approve the item for approval on the consent agenda by a vote of 9 ayes, 0 noes and 2 absent. May 8, 2008 ITEM NO.: 5 FILE NO.: Z-4336-HH NAME: Children's Hospital Zoning Site Plan Review LOCATION: Located between Marshall and Wolfe Streets and 11th and 12th Streets DEVELOPER: Arkansas Children’s Hospital Attn. Scott Gordon, COO 800 Marshal Street Little Rock, AR 72202 ENGINEER/ARCHITECT: Cromwell Architects Engineers Attn. Kent W. Taylor 101 South Spring Street Little Rock, AR 72201 AREA: 0.5 acres NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF CURRENT ZONING: O-2, Office and Institutional District PLANNING DISTRICT: 9 – I-630 CENSUS TRACT: 12 VARIANCES/WAIVERS REQUESTED: A variance from Section 36-201 to allow an increased tower height (75 feet above the adjacent ground) for a maximum height of 196 feet. A. PROPOSAL/REQUEST: The applicant is seeking site plan approval for the relocation of the communications tower at Arkansas Children’s Hospital (ACH). The current tower must be moved from the top of the Sturgis Building in order to allow another story to be added to the Sturgis Building. This tower is used by ACH for internal campus paging, communication with ambulances and helicopters. Those functions will be relocated to the new tower and other uses might be added in the future. The new tower will be a maximum of 180 feet tall on a 16-foot base for a maximum total height of 196 feet. The tower is a square tapering tower, constructed of lattice truss of light steel angles. The most suitable location for May 8, 2008 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-4336-HH 2 the tower is at a driveway to a loading dock off of Marshall Street between 11th and 12th Streets, south of the northern portion of the Energy building. The tower is to be elevated 14 feet to 16 feet above the driveway in order to preserve access by trucks to the loading dock that serves the old laundry building. The tower will be located on drilled piers as indicated on the site plan. B. EXISTING CONDITIONS: The tower is currently located on top of the Sturgis Building, which is located at the intersections of Wolfe and 13th Streets. The tower structure is proposed in a service area between the energy building and the Sturgis Building. To the west is a multi-story residential tower owned by the Little Rock Housing Authority and north is the Ronald McDonald House. Southeast of the site along West 13th and Marshall Street is the former West Side School which has been converted into residential units C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area property owners. All property owners located within 200 feet of the site, the Downtown Neighborhood Association and the Central High Neighborhood Association were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: No comment. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer not required for 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. May 8, 2008 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-4336-HH 3 CATA: The site is located near CATA Route #11 – the ML King, Jr. Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (April 17, 2008) Mr. Kent Taylor was present representing the request. Staff presented an overview of the proposed request stating there were no outstanding technical issues associated with the request in need of addressing. Staff stated the request was to relocate the existing communications tower from the Sturgis Building to a ground mounted base. Staff stated the tower based would be constructed in the loading dock area adjacent to the energy building and would be constructed on a 16-foot base to allow continued access to the loading dock. Staff stated the maximum height of the tower including the base would be 196 feet. Mr. Taylor stated all proper permits would be obtained prior to construction. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: There were no outstanding technical issues associated with the request in need of addressing raised at the April 17, 2008, Subdivision Committee meeting. The request is for site plan approval for the relocation of the communications tower at Arkansas Children’s Hospital from the Sturgis Building to an area located within the loading dock area adjacent to the energy building. The relocation is necessary to allow another story to be added to the Sturgis Building. The tower is used by ACH for internal campus paging, communication with ambulances and helicopters. The new tower will be a maximum of 180 feet tall on a 16-foot base for a maximum total height of 196 feet. The tower is a square tapering tower, constructed of lattice truss of light steel angles. The tower is to be elevated 14 feet to 16 feet above the driveway in order to preserve access by trucks to the loading dock that serves the old laundry building. The tower will be located on drilled piers as indicated on the site plan. The request includes a variance from the zoning ordinance Section 36-201. The variance is being requested to allow an increased tower height for a total height of 196 feet. The ordinance typically allows a tower height not to exceed 75 feet May 8, 2008 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-4336-HH 4 above the adjacent ground. The site is located in an area zoned O-2, Office and Institutional District which typically allows a maximum building height of 45-feet but additional height may be allowed with proper setbacks for a maximum height of 120 feet. The applicant has indicated all required permits will be obtained prior to construction. Staff is supportive of the request. The applicant is proposing a relocation of an existing communications tower located in the same general area of the request. To staff’s knowledge there are no outstanding technical issues associated with the request. Staff does not feel the tower relocation will significantly impact the area. I. STAFF RECOMMENDATIONS: 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 an increased tower height for the proposed communications tower. PLANNING COMMISSION ACTION: (MAY 8, 2008) Ms. Debra Roberts was present representing the applicant. There were no registered objectors present. Staff presented the item with a recommendation of approval. Commissioner Nunnley questioned Ms. Roberts as to the height of the existing tower in relation to the proposed new tower height. He also questioned if the tower were to fall what impact the falling tower would have on adjoining properties. Ms. Roberts stated the existing tower was 140 feet and the new tower was proposed with a maximum height of 196 feet. She stated there were only two property owners located within 200 feet of the tower site in the area which were notified of the date and time of public hearing. She stated if the tower fell it would not fall on property owned by anyone other than Children’s Hospital. She stated the tower was designed in 20-foot sections and was designed to collapse on itself. Commissioner Nunnley questioned if staff had concerns with the tower height and the potential danger to adjoining properties. Staff stated they were not concerned. Staff stated if the tower fell in any direction other than the east the tower would fall on Children’s Hospital Buildings. Staff stated if the tower fell to the east if was unlikely the tower would reach the public street and the property was owned by Children’s Hospital. Commissioner Nunnley questioned why the tower could not be removed and replaced on the Sturgis Building after the construction of the additional floor. Ms. Roberts stated May 8, 2008 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-4336-HH 5 the hospital could not do without the tower for the length of construction time to add the additional floor to the Sturgis Building. She stated if the tower were relocated for the temporary time period to add the floor to the Sturgis Building the desire was to allow permanent placement of the tower with the move. Commissioner Nunnley questioned if Children’s would seek commercial antenna placement on the tower. Ms. Roberts stated there were no plans for placement of commercial antennas on the tower. She stated Children’s desired the option to allow the placement of additional antennas on the tower in the future should they be approached and the collocation was amenable to both parties. Staff stated the desire was for collocation to limit the number of new towers constructed in the City. There was no further discussion of the item. The chair entertained a motion for approval of the item. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. May 8, 2008 ITEM NO.: 6 FILE NO.: S-1540-A NAME: 8622 Chicot Road Subdivision Site Plan Review LOCATION: Located at 8622 Chicot Road DEVELOPER: Manuel Beza Beltran 8622 Chicot Road Little Rock, AR 72209 ENGINEER: Troy D. Laha 6602 Baseline Road, Suite E Little Rock, AR 72209 ARCHITECT: Terry Burruss Architect 1202 South Main Street Little Rock, AR 72202 AREA: 1.01 NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: C-3, General Commercial District PLANNING DISTRICT: 15 – Geyer Springs West CENSUS TRACT: 41.03 VARIANCES/WAIVERS REQUESTED: 1. A variance from Sections 30-43 and 31-210 of the Little Rock code to allow driveway space less than typical ordinance standard. 2. A variance from City’s Landscape and Buffer ordinance requirements for landscape installation along Chicot Road. The applicant submitted a request dated April 21, 2008, requesting a deferral of this item to the June 19, 2008, public hearing. Staff is supportive of the deferral request. May 8, 2008 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: S-1540-A 2 PLANNING COMMISSION ACTION: (MAY 8, 2008) The applicant was present. There were no registered objectors present. Staff stated the applicant had submitted a request dated April 21, 2008, requesting a deferral of the item to the June 19, 2008, public hearing. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The commission voted to approve the item for deferral on the consent agenda by a vote of 9 ayes, 0 noes and 2 absent. May 8, 2008 ITEM NO.: 7 FILE NO.: Z-4923-E NAME: Shackleford Crossing Revised Long-form PCD (Townplace Suites by Marriot) LOCATION: Located at Shackleford Crossings on the Southwest corner of I-430 and Shackleford Road DEVELOPER: CSK Hotels Mr. Chris Whitt 4320 Industrial Drive Fort Smith, AR 72916 ENGINEER: Gray Rock Consulting, Inc. Mr. Dirk Thibodaux 1800 South 52nd Street, Suite 400 Rogers, AR 72758 AREA: 2.2 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: PCD ALLOWED USES: C-2, Shopping Center District and O-2, Office and Institutional District PROPOSED ZONING: Revised PCD PROPOSED USE: Commercial Office Uses – Allow the placement of a hotel on a 2.2 acre lot located near the southeastern portion of the site. VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: The Little Rock Board of Directors adopted Ordinance No. 19,237 on November 23, 2004, approving a Conceptual PCD known as Shackleford Crossing Long-form PCD, which was located at the southwest corner of South Shackleford Road and Interstate 430. The conceptual plan included the north 62 acres being developed with C-2 permitted uses, the south 20 acres being O-2 permitted uses and the middle 15 acres May 8, 2008 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-4923-E 2 being a transition area where O-2 and C-2 permitted uses would be allowed. The plan also showed four out parcels along the Shackleford Road frontage, with three main entry drives from Shackleford Road. The total project would consist of 1,000,000 square feet of gross building area. The applicant noted that the commercial building area would not exceed 750,000 square feet, with office uses occupying a minimum of 25% or 250,000 square feet of the total gross floor area of the project. There would be a maximum of 25,000 square feet of restaurant use within the out parcels and 35,000 square feet of restaurant use within the interior commercial development, with a total gross floor area for restaurant use not exceeding 50,000 square feet. The applicant noted that a hotel/convention use would possibly occupy up to 10 acres of the overall development. The development of the overall property would be done in phases with the Conceptual PCD plan, each phase of the development, beginning with the Phase I, would require review and approval by the Planning Commission and Board of Directors. As a part of the Conceptual PCD proposal, the applicant submitted a three-page list of development criteria to be placed on the property. The development criteria included conditions related to right of way improvements, grading/excavation, landscaping/buffers, public transportation, signage, outdoor speakers, site lighting, dumpsters, building design/orientation, as well as other issues. Another condition included in the development criteria was compliance with a written agreement between the developer and Camp Aldersgate. (Both reproduced below.) The site would allow the development of 400,000 square feet of commercial building area with the existing I-430 entry/exit ramps and overpass conditions. Prior to additional building area being constructed, the City’s Traffic Engineer and the applicant’s traffic engineer would review the traffic volume in the area and if the study indicated failure of the existing entry/exit ramps or overpass, the applicant would install necessary improvements as agreed between the applicant and the City, prior to any additional building area being constructed. All boundary street improvements would be installed on Shackleford Road with the Phase I portion of the development. The applicant noted that because of the site’s topography, site work for the entire 97 acres would be done with Phase I of the development. An overall grading/excavation plan would be provided with the Phase I site plan review. North/south and east/west cross sections would be provided, addressing retaining wall construction details and areas within the site where trees would be preserved. A grading permit for the site would not be issued until a building permit for Phase I construction was issued. The following list the previously approved criteria/conditions, which were imposed by the developer and approved by the Board of Directors in the approval process: May 8, 2008 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-4923-E 3 Conditions on 97.446 Acres at the Southwest Corner of I-430 and S. Shackleford Road - October 14, 2004 OFFSITE/IMPROVEMENT COSTS: The building areas of the site will be allowed up to a total of 400,000 square feet of commercial and office building area with the existing overpass and bridge conditions. Prior to any additional building areas being added, the applicant’s traffic engineer will review the volume of traffic with the City Engineer to determine the LOS grading. Should the volume demonstrate failure of the related exits, entrances and bridge traffic volumes then the applicant shall install necessary improvements as agreed between applicant and the city to said intersection before additional commercial space or office space could be built on the subject site. RIGHT-OF-WAY ISSUES: ‰A traffic study must be submitted by the developer and approved by the City’s Traffic Engineer, with development complying with recommendations of the study as approved by the Traffic Engineer. ‰All improvements to Shackleford Road full width required by the Boundary Street Improvements ordinance shall be constructed with Phase I development. In addition to those required by the ordinance, the improvements made during Phase I along Shackleford Road shall also include streetlights, turning lanes at intersections and entry points and traffic signals at locations as determined by Little Rock’s Traffic Engineering Department. In addition, a traffic signal shall be installed on the I-430 north bound off-ramp at the time of the Phase I improvements. ‰Phase I Shackleford Road improvements shall include the Comcast frontage. Provide written agreement with Comcast for dedication of right-of-way and construction of improvements. ‰The Highway Department I-430 right-of-way shall remain undisturbed until the applicant has received approval of any alteration plan with the Highway Department. The clearing of undergrowth and trees will be restricted to a caliper of less than six (6”) inches complying with the current practices of the Highway Department. GRADING AND EXCAVATION ISSUES: ‰Provide overall grading plan for the entire property with Phase I site plan review. Grading plan must note areas within the site where trees will be preserved, May 8, 2008 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-4923-E 4 address retaining wall construction details and identify variances from the Land Alterations Ordinance. Along with the Phase I site plan review, the applicant shall seek approval of a “phased grading plan” and provide justification for and seek approval for clearing, excavation and filling areas both inside and outside the Phase I development area in order to minimize hauling off excess materials or importing borrow materials. ‰North/south and east/west sections and elevations must be provided with grading plan. ‰A grading permit will be issued in conjunction with the first building permit that allows clearing and grading in conformance with the phased grading plan approved by the Commission. Modifications to the phased grading plan will be dealt with according to Sections 29-189 (e) & (f) of the Land Alterations ordinance. LANDSCAPING AND BUFFER ISSUES: ‰During Phase I site work, the required land use and street buffers must be preserved. ‰Construction fencing must be in place to protect all required buffers prior to the initiation of any site work. ‰All portions of the property shall be landscaped in compliance with the City’s Landscape Ordinance. PUBLIC TRANSPORTATION ISSUES: ‰Prior to submittal of Phase I site plan review to the Planning Commission, the developer shall meet with Central Arkansas Transit Authority representatives to discuss opportunities for providing bus facilities (pull-outs, internal circulation, etc.). ‰The site development plan for the entire property must be designed to provide adequate internal pedestrian circulation. SIGNAGE ISSUES: ‰All wall and directional signage must comply with the City’s Zoning Ordinance, unless otherwise approved by the Planning Commission during site plan review. ‰The commercial portion of the development will be limited to two (2) ground- mounted signs, one (1) at an entry drive from Shackleford Road and one along May 8, 2008 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-4923-E 5 the I-430 Freeway area. Each sign shall have a maximum height of 36 feet and a maximum area of 320 square feet. ‰The office portion of the development will be limited to one (1) ground-mounted sign at the entry drive from Shackleford Road. The sign shall have a maximum height of six (6) feet and a maximum area of 64 square feet. ‰Out parcels within the commercial portion of the property shall be restricted to one (1) monument-type ground-mounted sign per out parcel. Each sign shall have a maximum height of 10 feet and a maximum area of 100 square feet. ‰Any retail or retail commercial sign lighting along Shackleford Road or within 200’ feet thereof must be turned off ½ hour after store closing and not be turned on prior to ½ hour before store opening. OTHER SITE DESIGN ISSUES: ‰Total project shall not exceed 1,000,000 square feet of area. ‰Commercial/Retail buildings constructed on the property shall not exceed a total of 750,000 square feet of gross floor area, with a maximum of 25,000 square feet of restaurant uses on out parcels and 35,000 square feet of restaurant uses on the balance of project with a total maximum restaurant use for the entire property not to exceed 50,000 square feet. ‰Buildings constructed containing permitted O-2 uses shall be at least 25%, or 250,000, of the total gross floor area of the project. ‰Hotel and Convention use available on this site. Project to be in keeping with design of others on Chenal or Shackleford Road. Size not to exceed 10 acres. ‰All site lighting must be low-level, directed away from adjacent property, shielded downward and into the site. ‰Use of outdoor speaker or sound amplification system shall be prohibited on the property except for 1/2 hour before and after the advertiser's hours of being open to the general public. The operation of any such speaker and system is limited to those that do not emit sound that is plainly audible from South Shackleford Road or at a distance of two hundred feet or more from the source of such sound. ‰Any dumpster or trash receptacle must be oriented away from Shackleford Road and screened as per the City’s Zoning Ordinance requirements. May 8, 2008 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-4923-E 6 ‰Servicing of dumpsters or trash receptacles must be during day light hours only. ‰The design of buildings on the site must be approved by the Planning Commission during the site plan review process. ‰All service/loading dock doors shall be oriented away from Shackleford and provide proper screening. ‰Maximum building height on the property will not exceed 45’ unless approved by the Planning Commission consistent with the height regulations as allowed within the O-2 zoning district for the office portion of the development. ‰Compliance with the written agreement between the developer and Camp Aldersgate. CONDITIONS - CAMP ALDERSGATE – November 8, 2004 1. Water Quality Assurance. Developer agrees to comply with all current local, state, and federal law regarding water run off and detention. Prior to the issuance of any grading permit, Camp Aldersgate or the Developer will obtain from ADEQ or other appropriate agency and share with one another the watershed affecting Camp Aldersgate. Developer will ensure that the water quality and quantity from the Property will not adversely affect either the quality or quantity of Camp Aldersgate’s existing watershed. 2. Shackleford Road Improvements. This letter agreement is conditioned upon the signatories’ written agreement to the final specifications of road widening plan for Shackleford Road as approved by the City of Little Rock. Nonetheless, Developer agrees to widen Shackleford Road to two through lanes in each direction plus a turn lane as approved by the City of Little Rock in front of Shackleford Crossings without cost or expense to Camp Aldersgate. It is understood that Camp Aldersgate will not be required to dedicate land for the widening of Shackleford Road or for any additional rights-of- way that may be needed in conjunction with its widening. May 8, 2008 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-4923-E 7 3. Lighting and Signage. Freestanding (lighted or unlighted) pole signs will be permitted only within 50 feet of the property’s (1) west and northwest boundaries that abut the property comprising I-430 or its rights-of-way and (2) 500 northern most feet of the east boundary that abuts Shackleford Road as measured from the intersection of Shackleford Road and I-430’s right-of-way. The Property’s parking lot lights shall not exceed 30 feet in height or be directed towards adjoining properties or roadways. The Property’s parking lot lights shall be full cutoff, metal halide fixtures that utilize 400 watt or less horizontal bulbs with flat lenses to control glare and over spill of lighting. No downward lighting fixtures shall be permitted on the Property except those specifically designed to light parking areas, service drives, sidewalks, and areas necessary for the protection of persons or property, and none shall exceed the height or foot candle specifications of the Property’s parking lot lights. Signage for the remaining portions of the Property shall comply with Section 36-346(f) and 347 of the Little Rock Code as currently enacted. Any monument signs erected within 100 feet of Shackleford Road shall be oriented perpendicular to Shackleford Road. Vertical illumination of any monument signs shall not exceed 0.1-foot candle measured on a vertical plane. Any eastern facing signs visible from Camp Aldersgate’s property, except those freestanding pole signs permitted above, shall remain unlighted except for ½ hour before and after the advertiser’s hours of being open to the general public. 4. Use Restrictions. Developer agrees to place certain restrictions on the Property limiting certain uses which are currently permitted or conditional uses under the City’s current C-2 zoning classification, which use restrictions are attached as Attachment “A”. This requirement shall also apply if Developer elects to self develop any of the Property. 5. Use of Outdoor Speakers. Use of outdoor speaker or sound amplification system shall be prohibited on the Property except for ½ hour before and after the advertiser’s hours of being open to the general public. The operation of any such speaker and system is limited to those that do not omit sound that is plainly audible from South Shackleford Road or at a distance of two hundred feet or more from the source of such sound. May 8, 2008 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-4923-E 8 6. Legal Matters and Continuing Cooperation. Developer agrees to provide a declaration of restrictive covenants consistent with the terms of this letter and in a form acceptable to Camp Aldersgate that will be part of the land for future uses and will file said declaration as part of the public record. Approval of said form shall not be unreasonably withheld. Developer covenants that in connection with Camp Aldersgate’s pledge of future cooperation with Shackleford Crossings, that Developer and its consultants will periodically provide Camp Aldersgate’s Executive Director with reports concerning the status of development at the site to the extent that such development touches or impacts Camp Aldersgate. For instance, Developer will provide Camp Aldersgate with copies of any water quality testing and monitoring performed by the engineering firm engaged to provide these services in a reasonably timely manner. Developer shall provide reasonable prior notice of the commencement of excavation be given to the Executive’s Director in order that any necessary on-site preparations be made at Camp Aldersgate. The provisions of this letter shall be incorporated into (1) the final plan of development and the zoning ordinance amendments approved by the City of Little Rock and (2) any site plans or building plans to be approved by the City of Little Rock for any parcel within the Property. The enumerated restrictions above shall automatically terminate in the event either Camp Aldersgate is no longer owned by the Women’s Division of the United Methodist Church or other 501(c)(3) non-profit corporation or its property is no longer used for purely charitable purposes. ATTACHMENT “A” Excluded Uses from Property’s C-2 Zoning: a. Bar, lounge, or tavern (except as part of restaurant or hotel use). b. Cabinet and woodwork shop. c. College dormitory. d. College fraternity or sorority. e. 24 hour Community welfare or health center. f. Feed store. g. Group care facility. h. Lodge or fraternal organization. i. Mortuary or funeral home. j. Pawnshop. May 8, 2008 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-4923-E 9 k. Private club with dining or bar service. l. Recycling facility, automated. m. Taxidermist. n. Ambulance service post. o. Auto parts, sales with limited motor vehicle parts installation shall be limited to Block A provided that building shall be no closer than 200 feet of Shackleford Road right-of-way. Auto repair bay doors shall not face Shackleford Road right-of-way. Auto repair bay doors shall not face Shackleford Road. Enhanced landscaping shall be provided with the parking area fronting the bay door, which shall include trees at 30 feet on center in the area fronting the bay. p. Bus station and terminal. q. Crematorium. r. Upholstery shop, furniture. s. Upholstery shop, auto. t. Appliance repair, excepting as part of a larger use. Ordinance No. 19,399 adopted by the Little Rock Board of Directors on September 20, 2005, established revisions to the previously approved PCD. The approval defined the site plan for Phase I, the Commercial portion of the project and one of the office lots. With the request, a preliminary plat for the subdivision of the site with sixteen lots and out-parcels was also approved. The approved site plan included an area previously excluded containing the Comcast office tract on Shackleford Road and incorporated this area into the overall project plan. All the conditions that were a part of the previously approved Conceptual PCD were incorporated into the submittal with one revision. The one change requested from the prior conditions was the second bullet point under “Other Site Design Issues” and was to increase the allowable restaurant square footage and place a minimum parking ratio requirement for restaurants on the site as imposed by the developer as indicated below: Commercial/Retail buildings constructed on the property shall not exceed a total of 750,000 square feet of gross floor area, with a maximum of 25,000 40,000 square feet of restaurant uses on out parcels and 35,000 square feet of restaurant uses on the balance of project with a total maximum restaurant use for the entire property not to exceed 50,000 65,000 square feet. Additionally, all restaurants shall have a parking ratio of not less than 12 spaces per 1,000 square feet calculated independently of retail parking ratios. The applicant provided as an Attachment a rendered site plan of the intersection of the “Main Street” portion of the retail development. The applicant stated the rendering was intended to show the character of the retail development. The developer indicated the May 8, 2008 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-4923-E 10 actual building design had not been completed, but the intent was for the buildings to look as if they had been built over time and by multiple designers to give the look, feel, and sense of place that is reminiscent of a village, marketplace, or Main Street atmosphere. According to the applicant the final design would include extensive hardscape and landscape design that provided for excellent pedestrian circulation throughout the shopping center. Ordinance No. 19,699 adopted by the Little Rock Board of Directors on February 20, 2007, revised the PCD to clarify the signage plan, allow dock doors to be oriented to Shackleford Road and add food store as an allowable use for the site. A. PROPOSAL/REQUEST: The applicant is now proposing a revision to the previously approved PCD for a 2.2 acre parcel located near the southeastern portion of the site immediately south of the proposed Big Box retail store. The developers are proposing the construction of a four story 92 room hotel with paved drives and parking. The hotel will not have any amenities such as conference rooms, a restaurant or a bar. B. EXISTING CONDITIONS: The northern commercial development of Shackleford Crossings has been constructed including the town center, JC Penny’s and Baby’s R Us. A furniture store is currently under construction. The former Comcast site is currently being graded and it appears preliminary grading has taken place on this site. Street construction adjacent to the northern portion of the development has been completed per the Master Street Plan. The street improvements adjacent to the southern portion of the development are currently underway. Camp Aldersgate is located across Shackleford Road to the east. The property immediately south is wooded and zoned R-2, Single-family. The general area contains a mix of residential, office and commercial uses. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received one informational phone call from an area property owner. All property owners located within 200 feet of the site, all residents, who could be identified, located within 300 feet of the site, the John Barrow Neighborhood Association and the Sandpiper Neighborhood Association were notified of the Public Hearing. May 8, 2008 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-4923-E 11 D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Provide top and bottom elevations of all retaining walls. 2. Construct rear backing areas for vehicles on the west side of parking area. 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. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this property. Capacity contribution analysis required. Contact Little Rock Wastewater for additional information. Entergy: Easement required. Contact Entergy at 945-5158 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. On-site fire line(s) and additional fire hydrant(s) will be required in order to provide service to this property. 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 systems. This development will have minor impact on existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: Place and install 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. May 8, 2008 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-4923-E 12 F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the I-430 Planning District. The Land Use Plan shows Mixed Office Commercial for this property. The applicant has applied for a revised Planned Commercial Development to allow the construction of a four-story hotel. The request does not require a change to the Land Use Plan. Master Street Plan: I-430 is a freeway and South Shackleford 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 Shackleford 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: There are no bike routes in the immediate vicinity. Neighborhood Action Plan: This area is covered by the John Barrow Neighborhood Plan. Their Business and Commercial Goal states: “To enhance the climate directed towards encouraging new businesses and commercial establishments to located in the area as well as retention of existing businesses.” Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. All previous agreements per the overall site plan are assumed in this application. 3. The landscape ordinance requires a thirty foot (30’) buffer along the Interstate. The proposal reflects grading in this area. Interstate 430 is designated as a scenic corridor; therefore, careful consideration to the visual and ecological aspects of this project must be present. The landscape plan submitted with this project needs to address this scenic corridor. 4. Additional pine seedlings being planted along the northern slope is desired. 5. An automatic irrigation system to water landscaped areas will be required. 6. Prior to the issuance of a building permit, it will be necessary to provide an approved landscape plan stamped with the seal of a Registered Landscape Architect. May 8, 2008 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-4923-E 13 7. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (April 17, 2008) The applicant was present representing the request. Staff presented an overview of the proposed development indicating there were additional items necessary to complete the review process. Staff requested the developer provide an overall site plan with the proposed hotel located on the site. Staff also requested the applicant provide details of proposed signage including ground mounted and building signage. Staff requested the developer provide the hours of dumpster service stating the site was located near existing and proposed residential properties. Public Works comments were addressed. Staff stated a grading plan was required prior to development. Staff requested the developer provide the top and bottom elevations of all retaining walls. Landscaping comments were addressed. Staff stated the landscape ordinance required a 30 foot landscape buffer along the interstate frontage. Staff also stated the striped area in the parking lot close to the dumpster should become landscaping. Staff stated pine seedlings were recommended along the northern perimeter within the slope area. Staff noted comments from the various other reporting departments and agencies. 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 has provided staff with an updated site plan addressing most of the issues raised at the April 17, 2008, Subdivision Committee meeting. The applicant has provided staff with details of the proposed signage, both building signage and ground mounted signage, provided the hours of dumpster service and redesigned the parking lot layout along the western perimeter. The applicant has not provided the top and bottom elevation of the proposed retaining wall. Staff recommends this item be obtained prior to the Commission acting on the request. The hotel is proposed with four floors and a maximum building height of 56 feet. The hotel will contain 92 rooms and no amenities such as meeting space or restaurant within the hotel. The parking provided on the site is 102 parking May 8, 2008 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-4923-E 14 spaces. The parking typically required for a hotel is one space per guest room, plus an additional ten percent of the total of all parking spaces required for developments larger than twenty rooms to accommodate employees and non-guest users. Based on the 92 rooms a total of 101 parking spaces would typically be required. The parking indicated is adequate to serve the needs of the hotel. The applicant has indicated signage will comply with the typical standards of the zoning ordinance. Building signage is proposed on the front of the structures as well as on each end of the building. The signage will not exceed 10 percent of the façade area where displayed. Although the site would typically not be allowed signage along the eastern façade since the building does not have direct street frontage staff is supportive of allowing signage in this area. The sign is intended to be visible from Shackleford Road and staff feels the signage will accomplish this goal. Ground mounted signage is proposed with a maximum height of 36 feet and a maximum sign area of 160 square feet. The sign is proposed located adjacent to the interstate along the northern portion of the building. The developer is requesting to measure the sign height as allowed per Section 36-557(b) which allows signage adjacent to an interstate or expressway be measured from the elevation of the centerline of the traffic lanes. Staff is supportive of this request. A monument sign is proposed at the entrance drive to the development. The sign is proposed with a maximum height of six feet and a maximum sign area of 64 square feet. Directional signage will be utilized within the development. The directional signage will comply with the typical standards of Article X of the Little Rock Code of Ordinances. The site will contain 39.3 percent of the total site area designated to landscaping. The parking will cover 46.5 percent and the building will cover 12.9 percent of the site. A note on the site plan indicates pine seedlings will be placed on the northern slope to stabilize this area. The site lighting will be low level, directional, directed downward and into the site. The site plan indicates the placement of a 30-foot buffer along the interstate frontage as typically required per the Landscape Ordinance and the Zoning Buffer Ordinance. The developer has indicated a portion of the buffer will be graded and replanted to meet the typical ordinance requirements. The hotel will be a 24-hour facility. The dumpsters service hours will be limited to daylight hours. Staff is supportive of the request. The developers are requesting an amendment to the previous PCD for Shackleford Crossings to allow the construction of a hotel facility. The original approval indicated the possibility of a hotel on the site and limited the hotel construction of ten acres. The hotel as proposed is located on a future lot containing 2.69 acres, which is in compliance with the original approval. To staff’s knowledge there are no outstanding technical issues May 8, 2008 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-4923-E 15 associated with the request. Staff does not feel the construction of the hotel as proposed will significantly impact the development or the area. I. STAFF RECOMMENDATIONS: Staff recommends the developer provide the wall height of the proposed retaining wall prior to the Commission acting on the request. 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 8, 2008) The applicant was present. There were no registered objectors present. Staff stated the developer had provided them with the wall height of the proposed retaining wall as was required in the agenda write-up. 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 commission voted to approve the item for approval on the consent agenda by a vote of 9 ayes, 0 noes and 2 absent. May 8, 2008 ITEM NO.: 8 FILE NO.: Z-6245-C NAME: Asbury Place Short-form PCD LOCATION: Located on the Northeast corner of Kanis and Kirby Roads DEVELOPER: Russell Huckaby 16723 Cantrell Road Little Rock, AR 72227 ENGINEER: White Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 5.6 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: C-1, Neighborhood Commercial and R-2, Single-family ALLOWED USES: Neighborhood Commercial uses and Single-family Residential PROPOSED ZONING: PCD PROPOSED USE: Mixed Use - Office, Commercial and Mini-warehouse VARIANCES/WAIVERS REQUESTED: A variance from the Land Alteration Ordinance to allow advanced grading of the site with the development of the first lot. BACKGROUND: Ordinance No. 17,442 adopted by the Little Rock Board of Directors on April 1, 1997, rezoned a portion of this site (0.34 acres) from R-2, Single-family to C-1, Neighborhood Commercial. On September 27, 2008, the Commission approved a PCD for this site to establish future uses for this property. The approval contained 5.6 acres located at the northeast corner of Kanis and Kirby Roads. The developer proposed the development of the site with C-3, General Commercial District and O-3, General Office District uses establishing minimum office uses and placing limits on future commercial uses. The site plan indicated building footprints would be submitted to the Planning Commission and Board May 8, 2008 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-6245-C 2 of Directors through a revision to the PCD prior to final development. This item was withdrawn prior to the Board of Directors acting on the request. A. PROPOSAL/REQUEST: The developers are now proposing to rezone the site from C-1, Neighborhood Commercial District and R-2, Single-family to PCD to allow the development of the site with four lots with office and commercial uses. Lot 1 is proposed with a two-story office building. Lots 2 and 3 are proposed containing single story commercial buildings and Lot 4 is proposed with a mini-warehouse building. The developer is proposing construction of all street improvements as required by the Master Street Plan with the first phase of construction. The current plans include the construction of Lots 3 (commercial) and 4 (mini-warehouse) as phase one, Lot 1 (office) as phase two and the final phase would be Lot 2 (commercial). The Parkway Place Neighborhood Association and the developer have developed a Declaration of Restriction Covenants, which will be filed for record if the rezoning is approved. The terms of the Declaration of Restriction Covenants will be made a condition of the zoning of the property. The Declaration of Restriction Covenants limits uses, building heights, hours of operation, signage, parking ratios and building design as follows: The use restriction limits the use of the property to retail, office, mini-warehouse, single-family residential. The property shall not be used for industrial or multi-family residential purposes. The property uses are limited to Antique Shop (without repair), Bakery or confectionery shop (retail), Bank or savings and loan, Barber or beauty shop, Book and stationery store, Camera shop, Candy store (but not cigar or tobacco store), Clinic (medical, dental, optical), Clothing store, Custom sewing and millinery, Drugstore or pharmacy, Duplication shop, Eating place inside, Florist shop, Food store, Furniture store (new), Hardware or sporting goods store, Hobby shop, Jewelry store, Key shop, Laundry pickup station, Medical appliance fitting and sales, Mini-warehouse (without frontage on Kanis Road), Office (general or professional), Optical shop, Pet shop, Photography studio, Shoe repair, Tailor, Travel bureau. Under no circumstances shall the restricted property ever be used for the following: A restaurant with drive-through; a restaurant or other business deriving more than forty percent of its gross sales from alcohol; a business selling alcohol for off-premises consumption; any business with gas pumps; bowling alley; bingo parlor; flea market; skating rink; any business involving “adult” activities, including May 8, 2008 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-6245-C 3 without limitation any adult-type (i.e. pornographic) bookstore, massage parlor, escort service, facility with nude or partially nude, bathing suit-clad or lingerie-clad models or dances or any establishment selling or exhibiting sexually explicit materials. The maximum building height allowed is 26-feet for single-story buildings and 38-feet for a two-story building. Signage is limited to monument type or building mounted, not to extend above the roofline of the building signage. No sign shall exceed six feet in height. The hours of operation shall be restricted to 6:30 am to 10:00 pm with the exception of a restaurant, which may operate until 11:00 pm on Friday and Saturday nights. All owners or lessees of the property shall use reasonable efforts to require all delivery and service vehicles to avoid using the portion of Kirby Road north of the site. The parking ratios for the development shall be maintained at 4.6 spaces per 1,000 for commercial uses excluding the mini-warehouse portion of the development. The office buildings are to maintain a parking ratio of 4.2 spaces per 1,000 square feet of building space. The mini-warehouse buildings are limited to two buildings. The buildings are to have a maximum of 9,600 square feet of building space. All mini-warehouse buildings shall be architecturally compatible with the surrounding buildings and shall include pitched roofs and brick facades. There shall be no more than two retail buildings on the site, each with a maximum of 11,000 square feet of building space. All lighting used on the site shall be downcast and positioned to keep light from encroaching into the adjoining residential neighborhoods. B. EXISTING CONDITIONS: The site contains a number of residences both site built and manufactured homes and a building constructed for a commercial use a number of years ago now being used as a residence. There is a property to the north on Asbury Road zoned PD-O currently being used as an office for Davis Forestry. To the north on Kirby Road the property is zoned R-2 with a CUP which allows a manufactured home on the property. To the southeast is a newly developing single-family subdivision with attached and detached residential structures. To the west of the site is a vacant property currently zoned C-1, Neighborhood Commercial District. Northwest of the site is a property zoned PD-R which was approved to allow the construction of attached single-family homes. May 8, 2008 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-6245-C 4 C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received one informational phone call from an area property owner. All property owners located within 200 feet of the site, all residents, who could be identified, located within 300 feet of the site, the Spring Valley Manor Property Owners Association and the Parkway Place Property Owners 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. An additional 10 feet of right-of-way measured from the centerline of the right-of-way shall be dedicated at Kirby Road for a right turn lane. This additional right-of-way shall normally be 250 feet in length measured from the intersection right-of-way line. 2. 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. 3. Due to the proposed use of the property, the Master Street Plan specifies that Asbury Road for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 4. A 20-foot radial dedication of right-of-way is required at the intersection of Kanis Road and Asbury Road. 5. With the site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvements to the streets including 5-foot sidewalks with the planned development. Kanis Road should be widened to 29.5 feet from centerline with a right turn lane at Kirby Road. Kirby Road and Asbury Road should be designed to a collector street standard with the back of curb 18 feet from centerline. Sidewalks should be located at the property line. 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. A variance must be requested to grade beyond the first phase of construction. Provide a site plan showing phasing lines and areas to be graded. 7. The previous site plan showed a retaining wall on the southwest portion of the property. Provide a Sketch Grading and Drainage Plan as required per Section 29-186 (e). May 8, 2008 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-6245-C 5 8. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. 9. Streetlights are required by Section 31-403 of the Little Rock code. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting/certificate of occupancy. Contact Traffic Engineering (Steve Philpott) for more information. 10. In accordance with Section 31-210 (h)(12), access driveways running parallel to the street shall not create a four-way intersection within 75 feet of the future curb line of the street. 11. 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. 12. 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). E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer system serving this area under construction by Little Rock Wastewater Utility at this time. 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. On-site fire line(s) and additional fire hydrant(s) will be required in order to provide service to this property. 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 including metered connections off the private fire systems. This development will have minor impact on existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: Place and install fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. May 8, 2008 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-6245-C 6 CATA: The site is not located on a dedicated CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Ellis Mountain Planning District. The Land Use Plan shows Mixed Office Commercial for this property. The applicant has applied for a Planned Commercial Development to allow a 2-story office building, single story commercial buildings, and a mini-warehouse. The request does not require a change to the Land Use Plan. Master Street Plan: Kanis Road is shown as a Minor Arterial with reduced design standards. 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. Kirby Road is shown as a Collector. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on these streets. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class 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. Neighborhood Action Plan: This area is covered by the Rock Creek Neighborhood Action Plan. The Plan’s Office and Commercial goal states: “Promote office and commercial development that meets the needs of Rock Creek Neighborhood residents for shopping, services, and jobs.” Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. The zoning buffer ordinance requires an average twenty-three foot wide (23’) street buffer along Kanis Road and in no case less than half. The current proposal is not meeting this minimal average requirement. In addition, there are five (5) parking spaces shown in this area that need to be eliminated. They are located within both the landscape perimeter strip and the street buffer. May 8, 2008 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-6245-C 7 3. The zoning buffer ordinance requires an average twenty-two foot wide (22’) street buffer along Asbury Road and in no case less than half. The current proposal is not meeting this minimal average requirement. It appears that four feet (4’) can be eliminated from the parking lot width to help with this average amount. 4. All of the parking lots along the street side need to be reduced to the normal sixty foot (60’) width to allow for additional green space that is both a requirement of the zoning buffer ordinance and the landscape ordinance. 5. A twenty-three foot (23’) wide land use buffer is required to separate this proposed development from the residential property on the northern and southern perimeters of the site. Currently, the southern perimeter is not meeting this minimum requirement. Seventy percent (70%) of these buffers are to remain undisturbed. 6. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the northern perimeter of the site. Credit towards fulfilling this requirement can be given for existing trees and undergrowth that satisfies this year-around requirement. 7. An automatic irrigation system to water landscaped areas will be required. 8. Although the site is being developed with individual lots with less than the typically two acre minimum requirement for a landscape plan stamped by a registered landscape architect, the site is being reviewed as a unified development. 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 for each lot. 9. The City Beautiful Commission recommends preserving as many existing trees as feasible on this tree-covered site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (April 17, 2008) Mr. Joe White of White Daters and Associates was present representing the request. Staff presented an overview of the development stating there were additional items necessary to complete the review process. Staff requested Mr. White provide the proposed signage plan, the proposed screening along the eastern perimeter and the hours of operation for the mini-warehouse. Staff also stated site lighting must be low level and directional, directed downward and into the site. Staff questioned if the developer was making a commitment to the proposed building elevations. Staff requested the developer provide the proposed construction materials for the buildings. May 8, 2008 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-6245-C 8 Public Works comments were addressed. Staff stated Kanis Road was classified on the Master Street Plan as a minor arterial and would require dedication of right of way and road construction. Staff stated Kirby Road was classified on the Master Street Plan as a collector street and would also require dedication and street construction. Staff noted Asbury Road would also require dedication and street construction to commercial street standard adjacent to the proposed development. Staff stated a grading permit would be required prior to development. Staff questioned if grading would take place on all of the proposed lots with the grading of the first phase. Staff stated advanced grading would require a variance from the Land Alteration Ordinance. Landscaping comments were addressed. Staff stated the street buffers as indicated did not comply with the zoning or landscape ordinances. Staff also questioned the proposed buffer and screening along the northern and eastern perimeters of the site. Staff stated although the site was being developed with a number of lots the entire site was being reviewed as an overall development plan and a landscape plan stamped with the seal of a registered landscape architect for each lot would be required at the time of building permit. Staff noted comments from the various other reporting departments and agencies. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing most of the issues raised at the April 17, 2008, Subdivision Committee meeting. The applicant has provided staff with the proposed signage plan, screening along the eastern perimeter and the hours of operation for the mini-warehouse. The developer has made a commitment to the proposed building elevations indicating the approval will be based on the elevations provided with the filing. The proposed buildings materials have also been provided to staff and include natural stone, brick, stucco and/or drivit. The colors of the center will be earth tone colors designed to blend with the character of the area. The request is to allow a rezoning of the site from C-1, Neighborhood Commercial District and R-2, Single-family to PCD to allow the development of the site with four lots with office and commercial uses. Lot 1 is proposed with a two story office building. Lots 2 and 3 are proposed containing single story commercial buildings and Lot 4 is proposed with a mini-warehouse building. The development is proposed in three phases with Lots 3 and 4 in the first phase, Lot 1 in the second phase and Lot 2 in the final phase. All street improvements as May 8, 2008 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-6245-C 9 required by the Master Street Plan will be constructed with the first phase of development. The maximum building height proposed is 26-feet for single-story buildings and 38-feet for a two story building. Signage is limited to monument type or building mounted, not to extend above the roofline of the building. No sign shall exceed six feet in height and 120 square feet in area. Building signage will be limited to street frontages allowing signage on two sides of Lots 1 and 3. Lot 4 will be allowed signage along Kirby Road and on the front of the building facing into the parking lot. The hours of operation are limited to 6:30 am to 10:00 pm with the exception of a restaurant which may operate until 11:00 pm on Friday and Saturday nights. The mini-warehouse will have access from 6:30 am to 10:00 pm seven days per week. All owners or lessees of the property will make reasonable efforts to require all delivery and service vehicles to avoid using the portion of Kirby Road north of the site. The dumpster service hours will be limited to 6:30 am to 10:00 pm seven days per week. The parking ratios for the development are proposed at 4.6 spaces per 1,000 for commercial uses excluding the mini-warehouse portion of the development. The office buildings are to maintain a parking ratio of 4.2 spaces per 1,000 square feet of building space. The parking typically required for the development would be 108 parking spaces based on the proposed uses. The site plan indicates the placement of 154 parking spaces. The mini-warehouse buildings are limited to two single story buildings. The buildings will have a maximum of 18,900 square feet of building space. All mini-warehouse buildings are proposed architecturally compatible with the surrounding buildings and will include pitched roofs and brick facades. The applicant has provided a building elevation that the developer has committed to constructing. The elevation proposed for the rear of the mini-warehouse building (the northern façade) has not been designed to break the massing. Staff recommends the developer provide architectural elements along this wall to visually break the massing of the structure. Two retail buildings are proposed with a maximum of 19,300 square feet of building space. The buildings are proposed constructed of brick, stone, stucco or drivit. The building colors are proposed neutral tones designed to blend with the area. The buildings are proposed constructed with architectural elements designed to break the massing of the structure. The roofing materials are proposed as non-reflective. All lighting used on the site will be downcast and positioned to keep light from encroaching into the adjoining residential neighborhoods. May 8, 2008 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-6245-C 10 The revised site plan has indicated street buffers and land use buffers as typically required by the zoning buffer ordinance and the landscape ordinance. Screening will be provided per typical ordinance standards. A four-foot retaining wall has been indicated at the intersection of Kirby Road and Kanis Road. The applicant will work with Public Works staff at the time of permitting to ensure the placement of the wall does not block view and allows adequate sight distance in this area. The use of the property is limited to retail, office, mini-warehouse, single-family residential. The property will not be used for industrial or multi-family residential purposes. The property uses are limited to Antique Shop (without repair), Bakery or confectionery shop (retail), Bank or savings and loan, Barber or beauty shop, Book and stationery store, Camera shop, Candy store (but not cigar or tobacco store), Clinic (medical, dental, optical), Clothing store, Custom sewing and millinery, Drugstore or pharmacy, Duplication shop, Eating place inside, Florist shop, Food store, Furniture store (new), Hardware or sporting goods store, Hobby shop, Jewelry store, Key shop, Laundry pickup station, Medical appliance fitting and sales, Mini-warehouse (without frontage on Kanis Road), Office (general or professional), Optical shop, Pet shop, Photography studio, Shoe repair, Tailor, Travel bureau. Under no circumstances shall the property ever be used for the following: A restaurant with drive-through; a restaurant or other business deriving more than forty percent of its gross sales from alcohol; a business selling alcohol for off-premises consumption; any business with gas pumps; bowling alley; bingo parlor; flea market; skating rink; any business involving “adult” activities, including without limitation any adult-type (i.e. pornographic) bookstore, massage parlor, escort service, facility with nude or partially nude, bathing suit-clad or lingerie-clad models or dances or any establishment selling or exhibiting sexually explicit materials. The request includes a variance from the Land Alteration Ordinance to allow grading of the entire site with the development of the first phase. The developer has indicated based on the grades and slope of the lots the advanced grading is necessary to balance the cuts and fills on the site. Staff is supportive of this request. The general notes section of the site plan states 23.4 percent of the site covered with buildings and 45.9 percent is paved. A total of 24.9 percent is designated to landscaped areas and 5.8 percent to sidewalks and service area. The site is indicated on the City’s Future Land Use Plan as Mixed Office Commercial. The development as proposed contains 76 percent commercial and 24 percent office uses excluding the mini-warehouse portion of the development. The mini-warehouse portion of the development is 42 percent of the total development. Staff feels the development is proposed consistent with the Land May 8, 2008 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-6245-C 11 Use Plan by allowing a use mix of office and commercial uses. Additionally staff feels with the limits placed on the allowable commercial uses this allows additional protection to the residential uses in the area. Staff is generally supportive of the development with the exception of the proposed northern façade of the mini-warehouse. Staff recommends the developer provide staff with the elevation of the northern façade designed to break the massing. To staff’s knowledge there are no additional outstanding issues associated with the request. Staff does not feel the construction of the proposed office/commercial development as proposed including the building elevations as submitted by the applicant as a condition of approval will significantly impact the development or the area. I. STAFF RECOMMENDATIONS: 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 and compliance with the terms of the Declaration of Restriction Covenants as outlined in Paragraph A of the agenda staff report. Staff recommends the architectural design of the buildings be as presented with the application with the exception of the mini-warehouse building northern façade. Staff recommends the applicant provide a building elevation along the northern façade of the mini-warehouse building to add architectural elements designed to break the massing of this façade. Staff recommends the developer work with staff at the time of permitting to ensure the proposed retaining wall at the intersection of Kanis and Kirby Roads is designed to not block or limit the sight distance at this intersection. Staff recommends approval of the variance request from the Land Alteration Ordinance to allow grading of the site with the development of the fist lot. PLANNING COMMISSION ACTION: (MAY 8, 2008) 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 and compliance with the terms of the Declaration of Restriction Covenants as outlined in Paragraph A of the agenda staff report. Staff presented a recommendation the architectural design of the buildings be as presented with the application with the exception of the mini-warehouse buildings northern façade. Staff presented a recommendation the applicant provide a building elevation along the northern façade of the mini-warehouse building to add architectural elements designed to break the massing of the northern façade. Staff presented a recommendation the developer work with staff at the time of permitting to ensure the proposed retaining wall May 8, 2008 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-6245-C 12 at the intersection of Kanis and Kirby Roads was designed to not block or limit the sight distance at the intersection. Staff also presented a recommendation of approval of the variance request from the Land Alteration Ordinance to allow grading of the site with the development of the first lot. There was no further discussion of the item. The commission voted to approve the item for approval on the consent agenda by a vote of 9 ayes, 0 noes and 2 absent. May 8, 2008 ITEM NO.: 9 FILE NO.: Z-6669-A NAME: Little Rock School District and Love Truth Care, Inc. Revised Short-form POD LOCATION: Located on the Northwest corner of 16th and Jones Streets DEVELOPER: Little Rock School District 3601 Bryant Street Little Rock, AR 72204 ENGINEER: Peters and Associates Engineers, Inc. 5507 Ranch Drive, Suite 205 Little Rock, AR 72223 AREA: 2.07 acres NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF CURRENT ZONING: POD ALLOWED USES: Love Truth Care, Inc. Ministries – Public Institutional type uses PROPOSED ZONING: Revised POD PROPOSED USE: Love Truth Care, Inc. Ministries – Public Institutional type uses and Add a parking lot for the Little Rock School District VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: Love Truth Care, Inc. a community service organization, moved to the facility at 2615 West 15th Street in November 1996. The organization is involved in Christian community development in the inner city neighborhoods around Central High School. The property at 2615 West 15th Street was previously used as a utility substation and maintenance facility. The Board of Directors by the adoption of Ordinance No. 18,049 on July 6, 1999, changed the zoning from R-4 and I-2 to POD. The rezoning was to legitimize the existing uses of the property and allow the proposed future uses. The existing uses and future uses are outlined as follows: May 8, 2008 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-6669-A 2 The use of the facility as of May 1999 were: • Administrative offices for the ministry (Building I 2,000 square feet). • Adult Bible Studies (Building I portion of 900 square feet reception area 12 to 15 people). • Children/Youth Development Center (Building III 2,500 square feet 50 children). The center operated an after school program, a Saturday program and a Monday night program for inner City children ages 5 through 18. The center offers classrooms, computer lab, and recreation areas. • An apartment for security personnel (Building I 900 square feet). • An Urban Community Garden (Southeast corner of property). • A warehouse for distribution of used clothing, furniture and food to needy people in the neighborhood as well as other areas of Pulaski County (Building I 10,000 square feet). Future Uses of the site included: • JobStart Training Program job readiness and placement (Building I 1,000 square feet 15 to 20 persons, days). • Adult Education GED, literacy, computer, etc. (Building I 240 square feet 12 to 15 persons, nights). • Preschool Programs (Building I 900 square feet 10 to 12 children). • Day Care (Building 1 900 square feet 10 to 12 children). • Elder Care (Building I 900 square feet 10 to 12 clients). • Medical Clinic (Building I 225 square feet). • Vocational Training (Building II 2,000 square feet). • Home Ownership and Housing Renovation (Building II portion of 2,000 square feet) • Thrift shop (Building II portion of 2,000 square feet) • Worship church training and counseling center (Building I 900 square feet Sundays or nights 30 to 40 persons). A. PROPOSAL/REQUEST: The applicant is now requesting an amendment to the previously approved POD to allow for modification of the activities of Love Truth Care, Inc. and to allow the construction of a new surface parking lot on the northwest corner of West 16th May 8, 2008 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-6669-A 3 and Jones Streets. The Little Rock School District has purchased from Love Truth Care, Inc. the southern portion of the site containing a metal building (labeled as Building III on the site plan), a small surface parking area and a vacant area. The area proposed for construction is presently grass covered. The parking lot is proposed to contain 34 parking spaces and will be used by employees of the Little Rock School District. The School District is proposing to use the building for training of approximately 30 employees of the child nutrition program. B. EXISTING CONDITIONS: The property contains three existing buildings. A large portion of the property is concrete or asphalt for vehicular use. There are existing drives located on West 15th, West 16th and Jones Streets. The Central High School campus (stadium) is located across Jones Street to the east. Vacant I-2 zoned property is located across West 16th Street to the south, with single-family residences across West 15th Street to the north. Union Pacific Railroad right of way is located along the property’s west boundary, with commercial and industrial buildings on the west side of the railroad right of way. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received one informational phone call from an area property owner. 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 Central High 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 East 16th and Jones Street. 2. With site development, provide the design of the street conforming to the Master Street Plan. Construct one-half street improvements to East 16th Street and Jones Street including 5-foot sidewalk with the planned development. The back of curb on Jones Street should be 18 feet from centerline and the back of curb on East 16th Street should be 15.5 feet from centerline. The back of sidewalk should be placed at the property line. 3. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 4. Storm water detention will not apply to the proposed development. May 8, 2008 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-6669-A 4 5. Improve corner curb radius at East 16th and Jones Streets to a 15 foot radius with construction. 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). E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this property. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: Contact Central Arkansas Water if larger and/or additional meter(s) are needed. Fire Department: Approved as submitted. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Central City Planning District. The Land Use Plan shows Public Institutional for this property. The applicant has applied for a revised Planned Office Development to allow the construction of a parking lot to serve 31 vehicles and to be used by Little Rock School District. The request does not require a change to the Land Use Plan. Master Street Plan: Jones Street and 16th Street are both shown as Local Streets. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. 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. May 8, 2008 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-6669-A 5 Bicycle Plan: A Class I bike route is located just west of this property. A Class I bikeway is built separate from or alongside a road. Additional paving and right of way may be required. Neighborhood Action Plan: This area is not covered by a City recognized Neighborhood Action Plan. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. This site plan does not provide enough detail for a thorough review. A full survey of the property is needed to calculate the required street buffers. 3. The landscape ordinance requires a minimum of 8 % of the paved areas be landscaped with interior islands of at least 7 ½ feet in width and 150 square feet in area. The proposed plan does not currently reflect this minimum. 4. An automatic irrigation system to water landscaped areas will be required. 5. Prior to the issuance of a building permit, it will be necessary to provide an approved landscape plan stamped with the seal of a Registered Landscape Architect. 6. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (April 17, 2008) Mr. Ernie Peters of Peters and Associates was present representing the request. Staff presented an overview of the proposed development stating there were a few outstanding technical issues associated with the request in need of addressing. Staff stated the previous approval for Love Truth Care, Inc. allowed for a number of then existing and proposed future uses. Staff requested Mr. Peters provide staff with the activities taking place on the site and the plans for future uses of the Love Truth Care, Inc. Public Works comments were addressed. Staff stated a 20-foot radial dedication would be required at the street intersections. Staff also stated plans of all work in the right of way should be approved by staff prior to beginning construction. Landscaping comments were addressed. Staff stated the interior circulation of the parking lot did not work as indicated. Staff suggested the applicant re-design May 8, 2008 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-6669-A 6 the parking lot to optimize the space and for better circulation of vehicles within the parking lot area. Staff stated the required street buffer was six feet nine inches. Staff noted comments from the various other reporting departments and agencies. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing most of the issues raised at the April 17, 2008, Subdivision Committee meeting. The developer has provided staff with the activities taking place on the site and the future uses planned by Love Truth Care, Inc. The revised site plan indicates circulation of vehicles within the parking lot area in a configuration allowing for better circulation. A cover letter from Love Truth Care Inc. indicates the current activities taking place on the property are as follows: • Administrative offices for the ministries (2,400 square feet, Building 1). • Warehouse for surgical equipment and supplies for Honduras missions (10,000 square feet, Building 1) • Two meeting rooms used for board, staff, mission team and parent meetings, adult Bible studies with 6-20 person max. (900 SF Building 1). • Children/Youth Development Center with 15-20 children (1,800 square feet, Building 1). • Children’s music program 6-12 children max (1,800 square feet) • Three storage rooms (500 square feet, Building 1). • Food Basket warehouse using non-prepared food items (2,500 square feet, Building 2). The future uses of the site may include one but not all of the existing list with the exception that the maximum participation at any time would be 15-20 people. Love Truth Care, Inc. has indicated no building changes are presently proposed. According to Love Truth Care, Inc. if any modifications or new construction are under taken, a landscape plan will be provided to the City along with the building permit request. The Little Rock School District has purchased the southern portion of the POD site and is proposing the construction of a new surface parking lot located at the northwest corner of Jones and West 16th Street. The revised site plan indicates May 8, 2008 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-6669-A 7 the placement of 34 parking spaces with a one-way in and one-way out onto West 16th Street. The revised cover letter states the site will comply with the City’s minimum landscape and buffer ordinance requirements. The site plan as proposed does not include the required street buffer along Jones Street. The plan indicates the placement of three parallel parking spaces in this area. According to the applicant the entire parking area will be shifted to the west to allow sufficient area to provide the required landscaping or the three proposed parking spaces will be removed to allow for the required landscape strip of a minimum of 6 feet 9 inches. Staff is supportive of this proposal. The parking is a new lot which would typically require the landscape strip as a condition of both the Landscape Ordinance and the Zoning Buffer Ordinance. Staff feels both options presented by the applicant are workable and staff will work with the applicant at the time of building permit to determine the best approach for placement of the landscaping. The site plan proposes the placement of two driveways along East 16th Street. The drives are located approximately 52-feet (center to center) apart. Although the drives as proposed do not meet the typical minimum ordinance standards staff is supportive of the drives as proposed. West 16th Street does not extend beyond the applicant’s western property line and is cut-off by the railroad track. It is unlikely West 16th Street will be extended to make a connection to the west, therefore, staff does not feel the street will generate a significant amount of traffic that would be impeded by the placement of the drives as proposed. Staff is supportive of the request. The Little Rock School District is proposing the construction of a new parking lot to be used by employees utilizing an adjacent building for training. The proposed parking lot will be constructed to meet typical ordinance standards with regard to landscaping. To staff’s knowledge there are no outstanding technical issues associated with the request. Staff does not feel the construction of the new parking lot as proposed will significantly impact the area. I. STAFF RECOMMENDATIONS: 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 8, 2008) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to May 8, 2008 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-6669-A 8 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 commission voted to approve the item for approval on the consent agenda by a vote of 9 ayes, 0 noes and 2 absent. May 8, 2008 ITEM NO.: 10 FILE NO.: Z-7605-C NAME: Chenonceau Commercial Lots 1 and 2 Short-form PCD LOCATION: Located on the Southeast corner of Cantrell Road and Chenonceau Boulevard DEVELOPER: Orion Capital Partners 2200 North Rodney Parham Road, Suite 206 Little Rock, AR 72212 ENGINEER: White Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 3.19 acres NUMBER OF LOTS: 2 FT. NEW STREET: 0 LF CURRENT ZONING: C-3, General Commercial District ALLOWED USES: General Commercial PROPOSED ZONING: PCD PROPOSED USE: C-3, General Commercial District uses – Variation to the Highway 10 Design Overlay District VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: Preliminary plat containing eleven lots was approved by the Little Rock Planning Commission at their May 16, 1995, Public Hearing. The proposal included a commercial and office subdivision on a 16.66-acre tract. The site has frontages on both Cantrell Road and Chenonceau Boulevard. One interior cul-de-sac street, approximately 500 feet in length was proposed within the subdivision. Lots ranged in size from 0.8 acres to 2.14 acres, with the average lot size being 1.44 acres. The Final Plat for Lot 1 was executed on January 29, 1996. The Final Plat for Lot 2 was executed on December 19, 2003. The remaining lots have not been final platted. May 8, 2008 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-7605-C 2 On April 22, 2004, the Little Rock Planning Commission approved a site plan review to allow the construction of two buildings on this site, which was previously final platted as two lots. The lots were final platted consistent with the Highway 10 Design Overlay District with regard to lot size and building setbacks. The approval allowed the construction of a 2,700 square foot bank building located on the corner of Cantrell Road and Chenonceau Boulevard on Lot 1 and the construction of a retail building containing 12,000 square feet on Lot 2. The retail building was situated where it crossed the lot line requiring the applicant to seek a multiple building site plan review. The site plan included the development of 120 parking spaces to serve the development. The commercial building on Lot 2 has been constructed. The bank branch on Lot 1 has not been constructed. A. PROPOSAL/REQUEST: The applicant is now proposing a rezoning of the site from C-3, General Commercial District to PCD to allow a revision to the previously final platted lots and to allow the development of the site with a new drive-through restaurant. Lot 1R is proposed adjacent to Cantrell Road containing 1.45 acres. The building proposed for Lot 1R will contain 3,900 square feet of gross floor area. The lot is proposed containing 53 parking spaces. Lot 2R will be incorporated into the PCD. The building located on Lot 2R exists including the drives and parking. The building presently contains 12,000 square feet and the site contains 93 parking spaces. Lot 2R contains 1.74 acres. The development is proposed meeting the Highway 10 Design Overlay District requirements with the exception of the 2-acre minimum lot size requirement or the requirement for a single building per two acres. B. EXISTING CONDITIONS: The commercial portion of the development has been constructed and a portion of the corner lot has been graded. The property to the east is development as an office development through a POD. Two office buildings have been constructed, one occupied and one vacant, and a branch bank has been constructed adjacent to Cantrell Road. The area to the south of this site is vacant and zoned C-3, General Commercial District. To the southeast is a single-family subdivision, Chevaux Court. Across Chenonceau Boulevard at the intersection with Cantrell Road is property zoned C-3, General Commercial District. The property immediately south of the C-3, General Commercial District zoned property is zoned O-3, General Office District. Both properties are vacant of structures. North of the site, across Cantrell Road, is the Ranch Development. The area is developing as a mixed use development with office and commercial uses. May 8, 2008 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-7605-C 3 C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area property owners. All property owners located within 200 feet of the site, all residents, who could be identified, located within 300 feet of the site the Aberdeen Court Property Owners Association, the Bayonne Place Property Owners Association, the Johnson Ranch Neighborhood Association and the Chevaux Court Property Owners Association were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 2. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. 3. Per the Master Street Plan, 3 lanes shown should be designed on Chenonceau Boulevard; 1- left, 1-thru, and 1-right. Modifications should be made to the median to provide for this design. Please contact Bill Henry, Traffic Engineering, at 379-1816 for additional information. 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. Coordinate design of traffic signal upgrade with proposed street improvements. Plans to be forwarded to Traffic Engineering for approval. 6. 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. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this property. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: A 15-foot wide easement will be required, 7.5 feet on both sides of the existing water main adjacent to the south side of Cantrell Road. May 8, 2008 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-7605-C 4 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 the meter connection(s) will apply to this project in addition to normal charges. Additional fire hydrant(s) may be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). Fire Department: Verify with Central Arkansas Water the shared private fire hydrant agreement. Contact Central Arkansas Water at 377-1225. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. 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 Planned Commercial Development to allow the construction of a new restaurant with a drive through window. The proposed development is proposed with a variation to the Highway 10 Design Overlay District to allow the creation of a lot with less than the two acre typical minimum lot size per the Overlay District. The request does not require a change to the Land Use Plan. Master Street Plan: Cantrell Road is shown as 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. Chenonceau Boulevard is shown as 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 these streets, and 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 bike route is shown along Chenonceau 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. Neighborhood Action Plan: This area is not covered by a City of Little Rock Neighborhood Action Plan. May 8, 2008 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-7605-C 5 Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements and the Highway 10 Design Overlay District. 2. It appears the parking lot is also encroaching into the forty-foot (40’) landscape strip along Highway 10. 3. One additional island is needed along the parking area, adjacent to Highway 10. 4. Screening of the parking areas is required along Highway 10. 5. The striped areas shown can be changed to green spaces. This allows for more permeable surface areas thus less run-off. 6. An automatic irrigation system to water landscaped areas will be required. 7. Prior to the issuance of a building permit, it will be necessary to provide an approved landscape plan stamped with the seal of a Registered Landscape Architect. 8. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (April 17, 2008) Mr. Joe White of White Daters and Associates was present representing the request. Staff provided an overview of the proposed development stating the developers were seeking a rezoning of the site from C-3, General Commercial District to PCD to allow for the development of this 3+ acre site with two buildings. Staff stated the Highway 10 Overlay typically required a minimum lot size of two acres and the development of one building per two acres. Staff requested Mr. White provide the proposed signage including building signage and ground mounted signage. Staff stated the parking along the eastern perimeter appeared to encroach into the 40-foot landscape strip as typically required per the Highway 10 Design Overlay District. Public Works comments were addressed. Staff stated the storm water detention ordinance would apply to development of the site. Staff also stated any plans for construction in the right of way would require approval by staff prior to beginning construction. Staff stated Chenonceau Boulevard would require widening to three lanes along the sites western perimeter. Staff stated one left, one through and one right lane would be required. May 8, 2008 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-7605-C 6 Landscaping comments were addressed. Staff stated screening of the parking area along Cantrell Road was required and questioned the mechanism the developer would employee to provide the required screening. Staff stated the site would require a landscape plan stamped with the seal of a registered landscape architect. Staff noted comments from the various other reporting departments and agencies. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing most of the issues raised at the April 17, 2008, Subdivision Committee meeting. The revised site plan indicates signage to comply with the Highway 10 Design Overlay District, building signage to comply with signage typically allowed in commercial zones and indicated the parking within the front yard does not encroach into the 40-foot landscape strip. The site is currently zoned C-3, General Commercial District and is located in an area covered by the Highway 10 Design Overlay District. The developers are requesting a rezoning of the site from C-3, General Commercial District to PCD to allow a variation in the typical overlay standard. The variation being requested is to allow the creation of lots less than the two (2) acre typical minimum ordinance standard or to allow the construction of two (2) buildings on less than four (4) acres. Below is a listing of the Overlay requirements and the applicant’s proposal related to each of the items. Highway 10 DOD Requirements: Applicant’s proposal: Lot size. There shall be a minimum development tract size of not less than two (2) acres. Lot 1R contains 1.45 acres Lot 2R contains 1.74 acres Variation from the Overlay Standard. Front yard. All principal and accessory buildings or structures are required to have a one-hundred-foot building setback from the property line abutting Highway 10. The building line is indicated in excess of 100-feet. Rear yard. Rear yard shall not be less than forty (40) feet. The building is set in excess of the 40-foot rear yard setback. Side yard. Side yard shall not be less than thirty (30) feet. The side yard is setback in excess of the 30-foot side yard setback. May 8, 2008 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-7605-C 7 Landscaping treatment. Landscaped areas shall attempt to incorporate existing on-site trees and shrubbery into the landscaping scheme and the plans shall indicate such incorporation. No trees located on site. Landscaped areas shall have water sprinkler systems to maintain plant materials. All landscaped areas will have sprinkler systems installed. Erosion retardant vegetation shall be used on all cuts and fills. All erosion controls of the City will be followed. Tree species to be planted within this corridor should be consistent with other species present. Tree species planted will be consistent with outer species located in the area. The Highway 10 frontage (front yard) shall consist of a minimum of forty (40) feet of landscaped area exclusive of right-of-way. The landscaped area shall contain organic and/or combined man-made/organic features as berms, brick walls and dense plantings such that vehicular use areas are screened when viewed from an elevation of forty-two (42) inches above the elevation of the adjacent street. Alternative screening methods and designs must be approved by the plans review specialist. Appeals from the staff will be directed to the planning commission. Within the landscaped area trees shall be planted or be existing at least every twenty (20) feet and have a minimum of two (2) inches in diameter when measured twelve (12) inches from the ground at time of planting. Where a developer demonstrates that this requirement will constitute an undue hardship, a landscaped area exclusive of right-of-way may consist of a minimum of twenty-five (25) feet. In those instances only, a half-berm shall be constructed The front yard is indicated with a minimum landscape area of 40-feet exclusive of the right of way. The landscaped area will contain organic and/or man-made/organic features such as a berm to screen the vehicular use areas as typically required per the Highway 10 Design Overlay District. May 8, 2008 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-7605-C 8 which is a minimum of three (3) feet in height with tree plantings as required herein; provided however, that this provision may only be applied to a maximum of twenty (20) percent of the highway frontage affected in the plans submitted. Rear and side yards shall have a landscaped buffer averaging a minimum of twenty-five (25) feet from the property line. Where such yards abut a street right-of- way, a fifteen-foot landscaped strip shall be required adjacent to land zoned office and residential. A seven-foot landscaped strip shall be required when adjacent to lands zoned commercial. The western side yard shall have a landscape strip averaging a minimum of 25-feet from the property line. The eastern and rear property lines are located adjacent to an access easement which typically does not require the placement of landscape strips. Signage. Signage shall comply with the provisions of article X of Chapter 36 of the Little Rock Code of Ordinances, except as follows: Commercial development signage. Signage identifying the commercial development shall not exceed ten (10) feet in height and one hundred (100) square feet in area. All signs that are ground- mounted shall be of a monument type design. These signs may be installed in the landscaped area of the front and side yards. Commercial building signage. Each separate commercial building will be allowed a single monument ground- mounted sign located on the building site or in the landscaped front yard of the commercial development. The sign shall be a maximum of six (6) feet in height and seventy-two (72) square feet in area. The development will not utilize a commercial development sign. The lot will contain a single ground mounted monument sign with a maximum height of the six feet and 72 square feet in area. Curb cuts. Maximum, one (1) curb cut per three hundred (300) feet and no curb cut No new curb cuts are proposed with the development. May 8, 2008 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-7605-C 9 closer to an intersection than one hundred (100) feet. Lighting. Parking lot lighting shall be designed and located in such manner so as not to disturb the scenic appearance preserved in this corridor. Lighting should be directed to the parking areas and not reflected into the adjacent neighborhoods. Lighting shall comply with the DOD standards. Lighting will be directed to the parking areas and not reflect into the adjacent neighborhoods. Building sites. The maximum number of buildings per commercial development shall be measured both by minimum tract size and minimum frontage as follows: One (1) building every two (2) acres. The site contains 3.19 acres and is proposed with two lots and a single building on each of the lots. The proposed development is not meeting this typical overlay standard. Variation from the Overlay Standard. Commercial developments and multiple building sites. In the case of a commercial development or other development involving multiple building sites, whether on one (1) or more platted lots, the above described regulations shall apply to the development as an entire tract rather than to each platted lot. Developments of this type shall be reviewed by the City through a site plan review process which illustrates compliance with this article. Property, due to topography, size, irregular shapes or other constraints, such as adjacent structures or features which significantly affect visibility, and thus cannot be developed without violating the standards of this article shall be reviewed through the planned unit development (PUD) section of the zoning ordinance, with the intent to devise a workable development plan which is consistent with the purpose and intent of the overlay standards. The request is to rezone the site from C-3, General Commercial District to PCD to allow the creation of lots less than the two (2) acre typical minimum lot size requirement. May 8, 2008 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-7605-C 10 The site plan indicates the placement of 15,900 square feet of building area. The proposed uses are the allowable uses per the C-3, General Commercial Zoning District. The site plan indicates the placement of 145 parking spaces. There are 108 parking spaces located on the site and an additional 37 spaces will be provided with the new construction. Based on the typically minimum parking requirements for a shopping center and a restaurant use 92 parking spaces would typically be required. The site plan indicates the placement of 11.4 percent of the site covered with buildings, 34.5 percent landscaped and 54.1 percent paved. The site lighting will be consistent with lighting per the Highway 10 Design Overlay District. All lighting will be directed downward and into the site not over spilling to the adjacent residential properties. The site plan indicates the dumpster service hours will be limited to 7:00 am to 5:00 pm. The dumpster is located near the rear of the building and will be screened per the typical ordinance standards. Staff recommends the dumpster screening construction be of similar materials as the building. The developer has indicated the site will not have 24-hour activity. The proposed hours of operation are from 5:00 am to 2:00 am seven days per week. The site is zoned C-3, General Commercial District which would allow for the construction of a restaurant on the site. The lots were previously final platted containing the existing 3.19 acres. There is an existing strip retail center located on one of the proposed lots with the lot line dissecting the building. The request for a rezoning is to recognize the existing conditions on the site, clean up the lot configuration and allow for the construction of a new building. Staff is supportive of the request. Although the site is not meeting the entirety of the Overlay requirements, the site is in staff’s opinion is meeting the intent of the Overlay. The proposed use is consistent with uses as allowed in the current zoning district. Staff does not feel the variation to allow the replatting of the two (2) lots as proposed containing less than the typical two (2) acre minimum will significantly impact the development or the area. I. STAFF RECOMMENDATIONS: 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 dumpster screening be consistent with the construction materials of the building. May 8, 2008 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-7605-C 11 PLANNING COMMISSION ACTION: (MAY 8, 2008) The applicant was present. There were no registered objectors present. Staff stated on April 28, 2008, the applicant had requested deferral of the item to the August 7, 2008, Commission meeting. Staff stated the applicant had notify the Neighborhood Associations of the deferral request providing the date and time of the future public hearing. Staff presented a recommendation of approval of the deferral request. There was no further discussion of the item. The commission voted to approve the item for deferral on the consent agenda by a vote of 9 ayes, 0 noes and 2 absent. May 8, 2008 ITEM NO.: 11 FILE NO.: Z-8337 NAME: Ms. Bertha's Child Care Center Short-form PCD LOCATION: Located at 8215 Colonel Glenn Road DEVELOPER: Ed Jordan 8215 Colonel Glenn Road Little Rock, AR 72204 ENGINEER: White Daters and Associates 24 Rahling Circle Little Rock, AR 72223 ARCHITECT: Williams and Dean Associated Architects 18 Corporate Hill Drive, Suite 210 Little Rock, AR 72205 AREA: 0.68 acres NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family and O-3, General Office District ALLOWED USES: Daycare center and Barbershop PROPOSED ZONING: PCD PROPOSED USE: Daycare center and Barber shop VARIANCES/WAIVERS REQUESTED: None requested. The applicant failed to provide staff with a revised site plan addressing comments and concerns raised at the April 17, 2008, Subdivision Committee meeting. Staff recommends this item be deferred to the June19, 2008, public hearing. May 8, 2008 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-8337 2 PLANNING COMMISSION ACTION: (MAY 8, 2008) The applicant was present. There were registered objectors present. Staff stated the applicant failed to provide staff with a revised site plan addressing comments and concerns raised at the April 17, 2008, Subdivision Committee meeting. Staff presented a recommendation the item be deferred to the June19, 2008, public hearing. There was no further discussion of the item. The commission voted to approve the item for deferral on the consent agenda by a vote of 9 ayes, 0 noes and 2 absent. May 8, 2008 ITEM NO.: 12 FILE NO.: Z-8338 NAME: Homewood Suites Short-form PCD LOCATION: Located on the Southeast corner of Kanis Road and Centerview Drive DEVELOPER: Pulaski County Lodging P.O. Box 29 Little Rock, AR 72203 ENGINEER: White Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 3.6 acres NUMBER OF LOTS: 2 FT. NEW STREET: 0 LF CURRENT ZONING: C-2, Shopping Center District and OS, Open Space ALLOWED USES: General Commercial and Open Space PROPOSED ZONING: PCD PROPOSED USE: Hotel and General Commercial VARIANCES/WAIVERS REQUESTED: A variance request from the Land Alteration Ordinance to allow grading of Lot 1 with the development of Lot 2. A. PROPOSAL/REQUEST: The applicant is proposing the rezoning of this site from C-2, Shopping Center District and OS, Open Space to PCD to allow the construction of a hotel. The hotel is proposed with 120 rooms with no restaurant, but a breakfast bar will be available for the guests. The building is proposed with a maximum height of 80 feet and seven stories. Lot 1 is proposed as an out parcel for development as a restaurant or an allowable use under the C-3, General Commercial District uses. The developer has indicated all street improvements per the Master Street Plan will be constructed with the first phase of construction to the abutting streets. The request includes a variance to allow advanced grading of the site. Lot 1 is proposed to be graded with the development of Lot 2. May 8, 2008 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-8338 2 B. EXISTING CONDITIONS: The site is located at the southeast corner of Kanis Road and Centerview Drive. The site is wooded and slopes upward from the intersection of Kanis Road and Centreview Drive. The area contains a mixture of residential, office and commercial uses. To the southeast is an office building serving the Federal Bureau of Investigations (FBI) and to the southwest is a medical office building. West of the site is vacant C-2, Shopping Center District zoned property fronting Shackleford West Boulevard. Kanis Road is indicated on the Master Street Plan as an arterial and has not been constructed to Master Street Plan standard. The uses along Kanis Road include a beauty salon, a church, homes and small offices. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received one informational phone call from an area property owner. All property owners located within 200 feet of the site, all residents, who could be identified, located within 300 feet of the site, the John Barrow Neighborhood Association, the Sandpiper Neighborhood Association and the Gibralter Heights/Point West/Timber Ridge Neighborhood Association were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Kanis Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. 2. With 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. The back of curb should be located 29.5 feet from the centerline and the back of the sidewalk should be located at the property line. 3. Sidewalks with appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. 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). May 8, 2008 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-8338 3 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. If the applicant desires to grade Lot 1, a variance must approved by the Planning Commission. 7. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. 8. Lot 1 will not be allowed a driveway in the future. The driveway on Centerview Drive should be located in the middle of the property line to serve both Lots 1 and 2. The access driveway running parallel to the street shall not create a four-way intersection within 75 feet of the curb line of the street. 9. Driveways on a minor arterial street should be located at least 150 feet from property lines and 300 feet from intersections. The Kanis Road driveway should be shared with the new driveway to the east. 10. The dumpster should be removed from the entrance driveway off Kanis Road due to traffic conflicts when the dumpster is emptied. 11. 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. 12. Streetlights are required by Section 31-403 of the Little Rock code. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting/certificate of occupancy. Contact Traffic Engineering 379-1813 (Steve Philpott) for more information. 13. Street Improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. 14. A 20 foot radial dedication of right-of-way is required at the intersection of Kanis Road and Centerview Drive. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer extension required with easements. Contact Little Rock Wastewater Utility for additional information. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. May 8, 2008 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-8338 4 Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. On-site fire line(s) and additional fire hydrant(s) will be required in order to provide service to this property. 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 systems. This development will have minor impact on existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: Place and install fire hydrants per code. Contact Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the I-430 Planning District. The Land Use Plan shows Commercial for this property. The applicant has applied for a Planned Commercial Development to create a two-lot plat and allow the construction of a hotel on one of the proposed lots. The second lot will be held for future development. The request does not require a change to the Land Use Plan. Master Street Plan: Kanis Road is classified as 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 Bicycle Plan: There are no bike routes in this immediate vicinity. Neighborhood Action Plan: This area is not covered by a City of Little Rock Neighborhood Action Plan. May 8, 2008 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-8338 5 Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. This site is being reviewed as an overall site plan. Thus this comments apply to both Lots 1 and 2. 3. The zoning ordinance requires an average seventeen-foot wide (17’) street buffer along Kanis Road. In no case shall the area be less than half the requirement. Currently, there is a dumpster and a couple of parking spaces located within this area. 4. The zoning ordinance requires an average twenty-three foot wide (23’) street buffer along Centerview Drive. In no case should be the area be less than half the requirement. Currently, there are eight (8) spaces that will need to be removed out of this area. 5. The landscape ordinance requires a minimum nine-foot (9’) landscape perimeter. This site is deficient along two property lines currently. A variance from the City Beautiful Commission must be obtained for this reduction prior to the issuance of a building permit. 6. The City Beautiful Commission recommends preserving as many existing trees as feasible on this tree-covered site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (April 17, 2008) Mr. Joe White of White Daters and Associates was present representing the request. Staff presented an overview of the proposed development stating there were a number of technical issues associated with the request. Staff requested the applicant provide details of the proposed signage. Staff stated the site was currently zoned C-2, Shopping Center District and OS, Open Space. Staff stated the Open Space strip was put in place a number of years ago to protect the residential uses, which were located in the area. Staff stated the need for the OS zoning along the lots frontage was not as important now as it was when it was put in place. Staff requested Mr. White identify the future uses for Lot 1. Staff also requested Mr. White provide the hours of service for the dumpster. Public Works comments were addressed. Staff stated Kanis Road was indicated as a minor arterial on the Master Street Plan. Staff stated a dedication of right of way 45 feet from the centerline would be required. Staff also stated the storm water detention ordinance would apply to any future development of the site. Staff stated a 20 foot radial dedication would be required at the intersection of May 8, 2008 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-8338 6 Kanis Road and Centerview Drive. Staff stated installation of streetlights would be required prior to final platting. Landscaping comments were addressed. Staff stated the street buffers did not meet the typical minimum ordinance standard. Staff also stated the development was being reviewed as an overall development plan and a landscape plan would be required prior to development of each of the lots. Staff noted comments from the various other reporting departments and agencies. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing most of the issues raised at the April 17, 2008, Subdivision Committee meeting. The revised plan indicates shared drives between Lots 1 and 2 on Centerview Drive and Kanis Road. The revised plan has identified the future uses for Lot 1 and has indicated the dumpster hours of service will be limited to daylight hours. The proposed plan indicates the street buffer along Centerview Drive consistent with the typical ordinance standard. The buffer is to average 23 feet and in no case less than ½ the requirement. The street buffer along Kanis Road should be indicated at 17 feet and in no case less than 9 feet. Along the eastern perimeter of the site the parking and a proposed storage building are located within the minimum required landscape strip. The landscape strip in this area has been reduced to five feet six inches. Staff recommends the applicant reduce the building area to increase the landscape strip in this area to achieve the nine-foot minimum landscape strip typically required with a average of 17 feet. The site plan indicates the construction of a 120-room hotel and a building area of 22,223 square feet or 19 percent to the total site area. The site plan indicates the placement of 120 parking spaces. The zoning ordinance would typically require the placement of 132 parking spaces to serve a hotel. The hotel will not include a restaurant, meeting facilities or other amenities, which are typically traffic generations for patrons other than guest of the hotel. Staff is supportive of the parking as proposed. The site plan indicates the placement of two sign locations. Each sign is located at the driveway entrance to the development. The signs are indicated with a maximum sign height of 36-feet and a total sign area of 160 square feet. The signage as proposed is consistent with signage allowed in commercial zones per the zoning ordinance. Building signage is proposed consistent with Article X of May 8, 2008 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-8338 7 the Little Rock code of ordinances or a maximum of ten percent of the façade area along the elevations fronting the abutting public streets. The site plan indicates parking backing into the access easement. Typically the subdivision ordinance prohibits the backing of vehicles into the access easement. Staff is supportive of allow the parking as proposed. There are few spaces, which will back into the easement. Also the access easement is less than 350 feet in length and staff feels by allowing obstructions such as vehicles backing into the easement will act to slow through moving traffic. The site plan includes a note stating the site lighting will be low level and directional, directed downward and into the site. The bulk of the property is currently zoned C-2, Shopping Center District which would typically require the placement of a 40 foot building setback. The notes on the site plan indicate a 25-foot building setback as typically required per the C-3, General Commercial Zoning District. The site plan indicates the placement of the hotel well beyond the 40-foot setback. The site plan indicates the placement of a storage building along the northeast perimeter of the site located at 20-feet from the east (side) property line and 15-feet from the front (Kanis Road) property line. Staff feels the building should be placed at a minimum 25-feet from the front property line as typically required per the C-3, General Commercial Zoning District. Along Kanis Road from the eastern perimeter extending approximately 180 feet west there is a strip of OS zoning 40 feet wide. The request includes the rezoning of the C-2, Shopping Center District portion as well as the OS, Open Space portion of the site. Staff is supportive of removing the OS zoned strip. It appears the OS zoning was put in place when the area was predominately zoned and used as residential. In staff’s opinion the area is changing and the need for the OS strip is less important than it was when the OS was put in place in 1981. The request includes a variance to allow grading of Lot 1 with the development of Lot 2. According to the applicant the advanced grading is necessary to balance the cuts and fills on the site. Staff is supportive of the variance request. Staff is generally supportive of the request. The applicant is seeking a rezoning of the site from C-2, Shopping Center District and OS, Open Space District to allow the creation of a two-lot plat and the construction of a seven story 120 room hotel with a maximum height of 80 feet. The second lot will be held for future development and be developed with a C-3, General Commercial District uses such as a restaurant or retail center. Staff recommends the applicant revise the plan to include the required landscape strip along Kanis Road and relocate the indicated building outside the building setback. To staff’s knowledge there are no remaining outstanding technical issues associated with the request in need of May 8, 2008 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-8338 8 addressing. Staff does not feel the placement of a hotel on the site as proposed will significantly impact the area. I. STAFF RECOMMENDATIONS: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends the applicant revise the site plan to include the required landscape strip along Kanis Road and locate the indicated storage building outside the 25 foot building setback. Staff recommends approval of the variance request from the Land Alteration Ordinance to allow grading of Lot 1 with the development of Lot 1. PLANNING COMMISSION ACTION: (MAY 8, 2008) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff presented a recommendation the applicant revise the site plan to include the required landscape strip along Kanis Road and locate the indicated storage building outside the 25 foot building setback. Staff also presented a recommendation of approval of the variance request from the Land Alteration Ordinance to allow grading of Lot 1 with the development of Lot 2. There was no further discussion of the item. The commission voted to approve the item for approval on the consent agenda by a vote of 9 ayes, 0 noes and 2 absent. May 8, 2008 ITEM NO.: 13 FILE NO.: Z-8339 NAME: Rankin Short-form PD-R LOCATION: Located on Oakwood Road just East of North Oak Street (Lot 24 Oakwood Manor Subdivision) DEVELOPER: Jay Rankin 800 North Street, #45 Little Rock, AR 72201 ENGINEER: Central Arkansas Engineering 1012 Autumn Road, Suite 2 Little Rock, AR 72211 AREA: 0.28 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 – Variation from the Hillcrest Design Overlay District to allow an increased front building line. VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: The applicant is seeking a rezoning of the site from R-2, Single-family to PD-R to allow a new home to be constructed on the site. The property is located in an area covered by the Hillcrest Design Overlay District. The applicant is proposing the new home’s front building line at 55 feet. The Hillcrest Design Overlay District states the principal structure shall be aligned with the current setbacks of the adjoining residential structures within ten (10) percent variation, but no structure may be within the setback. The adjoining homes are located 25 feet and 56.5 feet from the front property line which would typically allow a maximum front building line of 44.825 feet when applying the ten percent allowed variation. May 8, 2008 SUBDIVISION ITEM NO.: 13 (Cont.) FILE NO.: Z-8339 2 According to the applicant the first 25 feet of the lot accounts for almost half of the total rise of 30 feet. The lot is sloped and moving the home site back 10 feet from the typical ordinance requirement allows for preservation of two mature trees in the front yard and a safer, more manageable driveway grade. B. EXISTING CONDITIONS: The site is located on the south side of Oakwood Road one lot east of North Oak Street. The lot slopes upward from the street with an elevation change of approximately 40 feet. There are a number of trees on the site; most of the mature trees are located beyond the typical 25-foot setback. There are single-family homes located north, south and west of the site. There are apartments/condominiums located to the east accessed from Oakwood Road and northwest accessed from Cedar Hill Road. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area property owners. 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: No comment. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this property. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: Contact Central Arkansas Water regarding meter location. Fire Department: Approved as submitted. May 8, 2008 SUBDIVISION ITEM NO.: 13 (Cont.) FILE NO.: Z-8339 3 County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Heights Hillcrest Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for a rezoning from R-2 Single Family to Planned Residential Development to allow a variation from the Hillcrest Design Overlay District. The request does not require a change to the Land Use Plan. Master Street Plan: Oakwood Road and North Oak Street are both shown as 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. Bicycle Plan: There are no bike routes in the immediate vicinity. Neighborhood Action Plan: This area is covered by the Hillcrest Neighborhood Action Plan. Their Housing Goal focuses on the creation of a Hillcrest Design Overlay District to protect the integrity of the neighborhood. This zoning request is to allow a variation from the Hillcrest Design Overlay District, which would allow the placement of a new proposed home at 55 feet from the property line as opposed to the 44.825 feet as typically required by the Overlay Standards. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (April 17, 2008) The applicant was present. Staff presented an overview of the request stating the proposed building setback did not comply with the typical ordinance standards of the Hillcrest Design Overlay District. Staff requested the applicant provide the total number of stories, the total building height as measured by the DOD and the floor area ratio for the new home. Staff noted comments from the various other reporting departments and agencies. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. May 8, 2008 SUBDIVISION ITEM NO.: 13 (Cont.) FILE NO.: Z-8339 4 H. ANALYSIS: The applicant has provided staff with the additional information requested at the April 17, 2008, Subdivision Committee meeting. The home is proposed as a two-story home with a basement, which will be used as the garage and an unfinished crawl space. The height of the home will comply with the DOD and is proposed 1.5 feet less than the typical ordinance requirement. The home will have a floor area ratio 23 percent. Residential development standard established by the Hillcrest Design Overlay District states the residential regulations shall apply to any residential zoned land within the district boundaries. Although the overlay district does not regulate the style and character of Hillcrest housing, new construction and additions should be respectful of the prevailing styles of the neighborhood. The compatible design of housing contributes to the richness of the history and architectural character of Hillcrest. Attached, unfinished spaces, such as storage areas and above-ground basements, shall be included as part of the permitted floor area at fifty (50) percent of the measured area. Crawlspaces or similar spaces that must be accessed from outside the main structure are excluded from the permitted floor area. The lot contains approximately 13,800 square feet and was a legal lot of record at the time of adoption of the DOD. The home is proposed with more than one floor with a Floor Area Ratio (FAR) of 23 percent. Based on the lot size a FAR of 37 percent is permitted. The mass section limits the maximum lot coverage for all structures under roof to fifty (50) percent. The lot coverage of the proposed structure is 23.4 percent. All setbacks shall be as required for the zoning district, except the front-yard setback for the principal structure shall be aligned with the current setbacks of the adjoining residential structures within ten (10) percent variation, but no structure may be within the setback. The adjoining homes are set at 25-feet and 56.5 feet. To determine the setback an average of the two setbacks is calculated resulting in a 40.75-foot setback. By allowing the ten percent variation the front setback for the new home should lay between 36.68 feet and 44.83 feet. The home is proposed with a 55 foot setback resulting the a variation of the DOD. The Rear-lot setbacks and accessory building coverage within the twenty-five- foot setback from the rear property line shall be no more than forty (40) percent of the area in that section. The applicant is not proposing the placement of any structure within the rear yard setback. Resulting in a rear lot coverage of zero. The maximum building height shall be thirty-nine (39) feet or two and one-half (2 1/2) stories, measured from the "grade plane" to the ridge-line of the highest May 8, 2008 SUBDIVISION ITEM NO.: 13 (Cont.) FILE NO.: Z-8339 5 roof surface. In addition, new buildings and additions shall be constructed to an elevation that is within one story of the adjacent residential structures. The home is proposed with two stories and a basement. The maximum height proposed for the home is 37.5 feet as measured from the grade plane to the ridgeline of the highest roof surface. Property, if for any reason, that cannot be developed without violating the standards of the DOD shall be reviewed through the planned zoning district (PZD) section of the zoning ordinance, with the intent to devise a workable development plan which is consistent with the purpose and intent of the overlay standards. The developer is seeing a variation from the front yard setback requirement through a PRD rezoning as required by the ordinance. The developer has indicated the reasoning for placing the building as proposed will allow for a better driveway grade and to allow some of the existing mature trees on the site to be retained. Staff is supportive of the request. To staff’s knowledge there are no outstanding issues associated with the request. Staff does not feel the placement of the new home as proposed with an additional 10.17-foot setback than typically allowed will significantly impact the development or the area. I. STAFF RECOMMENDATIONS: 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 8, 2008) 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 commission voted to approve the item for approval on the consent agenda by a vote of 9 ayes, 0 noes and 2 absent.