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HomeMy WebLinkAboutpc_12 13 2012sub LITTLE ROCK PLANNING COMMISSION SUBDIVISION HEARING SUMMARY AND MINUTE RECORD DECEMBER 13, 2012 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present there being eight (8) members present. II. Members Present: Tom Brock Alan Bubbus William Changose Janet Dillon J. T. Ferstl Obray Nunnley, Jr. Amy Pierce Bill Rector Members Absent: Rebecca Finney Keith Fountain Dan Harpool City Attorney: Cindy Dawson III. Approval of the Minutes of the October 25, 2012 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION SUBDIVISION AGENDA DECEMBER 13, 2012 OLD BUSINESS: Item Number: File Number: Title: A. S-1687 4625 Geyer Springs Cut-off Subdivision Site Plan Review, located at 4625 Geyer Springs Cut-off. B. Z-5787-C Whole Foods Revised Short-form PCD, located on the northeast corner of Chenal Parkway and Bowman Road. C. S-867-RRRRRRR Chenal Valley South Preliminary Plat, located north of Denny Road just west of Gordon Road. D. Z-7723-C Ford Properties Homes LLC Short-form PCD, located at 1115 Jefferson Street. NEW BUSINESS: I. SITE PLAN REVIEW: Item Number: File Number: Title: 1. Z-3689-K LISA Academy Zoning Site Plan Review, located at 21 & 23 Corporate Hill. II. PLANNED DEVELOPMENTS: Item Number: File Number: Title: 2. Z-1716-F Pleasant Ridge North Short-form PD-C, located at 11300 Cantrell Road. 3. Z-4923-L Shackleford Crossing Lot 5B Short-form PCD, located on the northwest corner of Crossing Court and Shackleford Road. 4. Z-5239-G Our House Short-form PD-O, located in the 300 Block of East 24th Street. Agenda, Page Two II. PLANNED DEVELOPMENTS: (CONTINUED) Item Number: File Number: Title: 5. Z-6975-A Bishop Place Long-form PD-R, located in the 19100 Block of Cantrell Road. 6. Z-8407-A Dowler Properties Short-form PCD, located at 4201 Baseline Road. 7. Z-8708-B 5700 Patterson Short-form PID, located at 5700 Patterson Road. 8. Z-8717-A Williams Short-form PD-R, located at 401 Steven Drive. 9. Z-8814 Green Design Construction Company Short-form PD-R, located on the northwest corner of 18th Street and Wilson Road. 10. Z-8815 Nature Conservancy of Arkansas Short-form POD, located on the northeast corner of Woodlawn Drive and N. University Avenue. 11. Z-8816 School for Integrated Academics & Technologies Short- form PID, located at 6724 I-30 Bypass Road. 12. Z-8817 Stone's Throw Brewing Short-form PD-C, located at 402 E. 9th Street. III. OTHER ITEMS: Item Number: File Number: Title: 13. Z-8168-A Water's Edge Tract B Long-form PD-R Revocation, located north of David O Dodd, east of I-430. 14. LA-0048 Saddle Creek Phase 2 Advanced Grading Request, located on the northwest corner of Cantrell Road and Ranch Boulevard. December 13, 2012 ITEM NO.: A FILE NO.: S-1687 NAME: 4625 Geyer Springs Cut-off Subdivision Site Plan Review LOCATION: Located at 4625 Geyer Springs Cut-off DEVELOPER: Gabriel Villegas 4625 Beyer Springs Cut-off Little Rock, AR 72206 SURVEYOR: Brooks Surveying 20820 Arch Street Pike Hensley, AR 72065 AREA: 2.28 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: Area not zoned – Subdivision review only PLANNING DISTRICT: 14 – Geyer Springs East CENSUS TRACT: 40.06 VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is requesting a subdivision site plan review to allow for five (5) residential units and a number of accessory buildings to be located on the property. The property is currently two (2) tracts, under a single ownership, with three (3) units on Tract 1 and two (2) units on Tract 2. The survey indicates there is a single story frame house, three (3) manufactured homes and a travel trailer which is being used as a guest house, on the two (2) tracts. There is an individual septic system on each of the tracts serving the five (5) units. According to the applicant all the units are connected to these septic systems. The property is located within the City’s planning jurisdiction in which the subdivision ordinance only is enforced. Section 31-13 provides the criteria for review of sites containing multiple buildings. The ordinance requires December 13, 2012 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: S-1687 2 developments involving the construction of two (2) or more buildings to be reviewed and approved by the Planning Commission. B. EXISTING CONDITIONS: The site is located in an area of the County in which the City exercises subdivision jurisdiction but does not exercise zoning jurisdiction. The area is predominately residential. The property contains a number of residential structures and a number of outbuildings. There appears to be three mobile homes, a site built home and a travel trailer being used as housing. Hilaro Springs Road and Geyer Springs Cut-off are both two lane roads with open ditches for drainage. There are no sidewalks in this area. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls and two (2) letters of opposition from area residents. All property owners located within 200-feet of the site and Southwest Little Rock United for Progress were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Geyer Springs Cutoff is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline is required. 2. Hilaro Springs Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline is required. 3. A 20 foot radial dedication of right-of-way is required at the intersection of Geyer Springs Cut-off and Hilaro Springs Road. 4. At the time of site re-development, provide design of street conforming to the Master Street Plan. Construct one-half street improvement to Geyer Springs Cut-Off including 5-foot sidewalks with the planned development. 5. At the time of site re-development, provide design of street conforming to the Master Street Plan. Construct one-half street improvement to Hilaro Springs Road including 5-foot sidewalks with the planned development. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Outside the service boundary. Provide approval from the Arkansas Department of Health providing approval of the exiting septic systems. December 13, 2012 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: S-1687 3 Entergy: The area is outside Entergy’s service area. Contact First Electric Coop concerning electrical needs. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: No objection. All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water regarding the size and location of the water meter. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. Contact Central Arkansas Water if additional fire protection or metered water service is required. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in additional to normal charges. This fee will apply to all connections including metered connections off the private fire system. Due to the nature of the facility, installation of an approved reduced pressure zoned backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water required that upon installation of the RPZA, successful test of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved Central Arkansas Water. The test results must be sent to Central Arkansas Water’s Cross Connection Section within ten (10) days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Outside the service boundary. Provide a letter from the area volunteer fire department stating their knowledge of the project. Place fire hydrants per code. Maintain a minimum access of at least 20-feet. Contact the Little Rock Fire Department for additional information. County Planning: 1. Provide proof from the Arkansas Department of Health the existing septic systems as adequate to serve the units. 2. Dedicate right of way on Hilaro Springs Road and Mabelvale Cut-off per the Master Street Plan. 3. Obtain a letter from the area volunteer fire department stating their knowledge to the project and their ability to serve the development. CATA: The site is not located on a dedicated CATA Bus Route. Parks and Recreation: No comment received. December 13, 2012 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: S-1687 4 F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: No comment on this residential application. G. SUBDIVISION COMMITTEE COMMENT: (July 11, 2012) The applicant was not present. Staff presented the item to the Committee members stating they would work with the applicant prior to the public hearing to address their concerns. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: There were few outstanding technical issues in need of addressing raised at the July 11, 2012, Subdivision Committee meeting. The applicant is continuing to work with the Arkansas Department of Health to secure approval of the existing septic systems located on the property. The applicant is seeking approval per Section 31-13 of the Little Rock Code. The ordinance sets forth procedures for processing multiple building site plans and to establish the standards for the development of site. The Subdivision Site Plan review is a development review process that provides for case by case consideration of project particulars including the provision of parking and landscaping in accordance with the appropriate ordinances, siting of buildings, and the relationship with adjoining properties. The property is located outside the City limits but within the City’s Extraterritorial Planning Jurisdiction. The property is located within the area of the County the City exercises Subdivision controls but does not exercise zoning. The property is currently two (2) tracts, under a single ownership, with three (3) units on Tract 1 and two (2) units on Tract 2. The survey indicates there is a single story frame house, three (3) manufactured homes and a travel trailer which is being used as a guest house, on the two (2) tracts. There are individual septic system on each of the tracts serving the five (5) units Staff is unsure when the homes were placed on the property thus necessitating the site plan review. It appears from aerial photos on the City’s GIS System one (1) or two (2) units and the travel trailer have been added since 2009. December 13, 2012 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: S-1687 5 Although the City does not have zoning jurisdiction in this area the homes have been placed to comply with typical setbacks of the single-family zoning district. There is ample parking on-site to support the units. Staff is somewhat supportive of the application request but is not supportive of allowing the travel trailer to serve as a residence. To staff’s knowledge there are no remaining outstanding technical issues associated with the request. The site plan as presented appears to comply with the typical standards established by the Subdivision Ordinance for site plan review requests. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends prior to the Commission approving the request the applicant provide approval from the Arkansas Department of Health concerning the existing septic systems. Staff is not supportive of allowing the travel trailer to be used as a residence. PLANNING COMMISSION ACTION: (AUGUST 2, 2012) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant failed to respond to comments raised at the July 11, 2012, Subdivision Committee meeting. Staff presented a recommendation of deferral of the item to the September 13, 2012, public hearing. There was no further discussion of the item. The Chair entertained a motion for placement of the item of the Consent Agenda for approval as recommended by staff. The motion carried by a vote of 8 ayes, 0 noes and 3 absent. PLANNING COMMISSION ACTION: (SEPTEMBER 13, 2012) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had been unable to obtain septic certification from the Arkansas Department of Health. Staff presented a recommendation of deferral of this item to the October 25, 2012, public hearing. There was no further discussion of the item. The Chair entertained a motion for approval of the item on the Consent Agenda as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. December 13, 2012 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: S-1687 6 STAFF UPDATE: The applicant is continuing to work with the Arkansas Department of Health/County Sanitarian to secure proper clearance and certification for the existing septic systems located on the property. As previously noted staff recommends approval of the septic system serving the homes be secured prior to the Commission acting on the request. The applicant will continue to secure approval prior to the Commission public hearing. Should approval not be received the item will be deferred to the December 13, 2012, public hearing. PLANNING COMMISSION ACTION: (OCTOBER 25, 2012) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had not obtained proper clearance and certification for the existing septic systems located on the property. Staff stated the applicant would continue to secure approval. Staff presented a recommendation of deferral of the item to the December 13, 2012, public hearing. There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 7 ayes, 0 noes and 4 absent. STAFF UPDATE: The applicant is continuing to work with the Arkansas Department of Health/County Sanitarian to secure proper clearance and certification for the existing septic systems located on the property. As previously noted staff recommends approval of the septic system serving the homes be secured prior to the Commission acting on the request. The applicant will continue to secure approval prior to the Commission public hearing. Should approval not be received the item will be deferred to the January 24, 2013, public hearing. PLANNING COMMISSION ACTION: (DECEMBER 13, 2012) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had not provided staff with approval of the septic system from the Arkansas Department of Health. Staff presented a recommendation of deferral of the item to the January 24, 2013, public hearing. There was no further discussion of the item. The Chair entertained a motion for approval of the item as presented by staff on the Consent Agenda. The motion carried by a vote of 8 ayes, 0 noes and 3 absent. December 13, 2012 ITEM NO.: B FILE NO.: Z-5787-C NAME: Whole Foods Revised Short-form PCD LOCATION: Located on the Northeast corner of Chenal Parkway and Bowman Road DEVELOPER: Whole Foods c/o Charlie Oates Oates Commercial Property 5865 Ridgeway Parkway Suite 300 Memphis, TN 38120 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 3.5 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: PCD ALLOWED USES: Book or stationary store, clothing store, drug store or pharmacy, furniture store, hobby shop, lawn and garden center (enclosed), office, office equipment and sales, and retail uses not listed (enclosed) within the C-3, General Commercial Zoning District PROPOSED ZONING: Revised PCD PROPOSED USE: Add grocery as an allowable use VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: The PCD was established by the Board of Directors by Ordinance No. 16,612, on March 15, 1994. This followed the Planning Commission recommendation of approval on February 8, 1994. The approval allowed a two-lot commercial subdivision located on 7.749 acres. The proposed uses for the PCD were Best Buy with 44,844 square feet within the proposed building and “Toys-R-Us” with 30,625 square feet. The Best Buy lot December 13, 2012 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-5787-C 2 was to contain 4.286 acres and the “Toys-R-Us” lot to contain 3.366 acres. Parking for 362 vehicles was shown on the site plan. At the time of approval, the intended user was “Toys-R-Us”, but convertibility to the following uses was approved: book or stationary store, clothing store, drug store or pharmacy, furniture store, hobby shop, lawn and garden center (enclosed), office, office equipment and sales, and retail uses not listed (enclosed) within the C-3, General Commercial Zoning District. The building setback from the north property line was to be 50 feet, with a planted buffer between the building and the north property line. A privacy fence was to be erected as a land use buffer between the PCD site and the residential use to the north. The north 24 feet of the approved building footprint was a loading dock/compactor area, and it was to be enclosed within the façade of the building, with the restriction that waiting trucks would not leave their engines or other motors running. The main façade of the building, then, was set at 75 feet off the north property line. The approved PCD restricted the hours of loading and operation of the compactor to daylight hours, and required that the building colors on the north façade be “neutral tones”. The approved building “footprint” was 146.83 feet wide, plus the 25 foot loading dock/compactor area, by 210.85 feet deep. There were, among other site work requirements, requirements for limiting construction activities on Sunday. The negotiations between the developer and “Toys-R-Us” broke down and “Toys-R-Us” elected to locate in a different area of West Little Rock. When “Toys-R-Us” failed to take the lease space for the Lot 1 area, a privacy fence was required to be erected along the north limits of the proposed building line. (Building walls, where no openings were provided, were allowed as a required land use buffer fence, and, since the wall was not in place, the required buffering was not in place. The temporary privacy fence at the wall location served as a substitute for the wall. On December 12, 1995, the Little Rock Planning Commission denied a request to amend the previously approved PCD to allow a modification in the building footprint for the Lot 1 building and to allow the occupant of the building to serve refreshments to customers as an accessory use to the primary retail user. Instead of a single tenant space, two (2) tenant spaces were proposed. The building setback along the northern property line was reduced from 50 feet to 40 feet. On April 26, 1996, the Assistant City Manager approved a request to increase the building area for the proposed north building (Lot 1) located north of Best Buy. The approval allowed the construction of a 150 foot (north to south) by 212 foot building (east to west), with a 22 foot wide loading dock. The occupant of the building was Linen’s-N-Things. On June 4, 1996, the Assistant City Manager approved a revision to the site plan to allow the placement of a free standing canopy on the front of the building. The canopy was not to be enclosed heated and cooled space. The purpose was to serve as shelter for customers. The construction was a roof structure with four support poles and not an addition to the building space. December 13, 2012 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-5787-C 3 A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is now proposing to amend the approved PCD for the Lot 1 of the Appletree Subdivision, Linen’s-N-Things. The request is to add a food store as an allowable use maintaining the previously approved uses. As a separate item on this agenda the applicant was requesting to amend the Master Street Plan to allow a median break with a left turn lane into the Best Buy driveway along Chenal Parkway. The median cut would allow for left turns only into the development. The applicant has since withdrawn this request. B. EXISTING CONDITIONS: The area has developed with commercial uses including restaurants, big box retail, small retail users and a tire store. Best Buy occupies the building located to the south of the building proposed for rezoning. There is a church currently occupying the space proposed for the grocery. North of the site is a residential subdivision, the Birchwood Subdivision. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents. All property owners located within 200-feet of the site, the Birchwood Neighborhood Association, the Gibraltar Height/Point West/Timber Ridge Property Owners Association and the Parkway Place Property Owners Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 2. Current traffic volumes on Chenal Parkway between Bowman Road and Autumn Road exceed 35,000 trips per day. 3. Adequate left turn access is provided at the intersection of Bowman Road and Chenal Parkway. December 13, 2012 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-5787-C 4 4. The addition of a left turn lane as proposed creates a very hazardous access due to traffic having to turn left across three (3) lanes of traffic. There are insufficient gaps in traffic to safely make a left turn maneuver across three (3) lanes of traffic. Other locations on Chenal Parkway have been converted to left turn protected by arrow only due to high accident numbers, such as Markham Street and Chenal Parkway. 5. The proposed left turn lane is too close to the intersection of Bowman Road and Chenal Parkway and its proximity will result in blocking of the eastbound through traffic lanes resulting in added congestion and an increase in rear end collisions in this area. 6. Median cuts are prohibited by the design requirements, which are adopted by Ordinances #14,210 and #15,239. 7. Chenal Parkway Design requires a minimum of 600 feet between median openings to provide adequate left turn storage for vehicles. There is less than 500 feet between Bowman Road and the proposed median cut. 8. The intersection of Bowman and Chenal Parkway extends 465 feet to the east, thus leaving no room for adequate left turn storage for the proposed access. Left turning vehicles will block eastbound Chenal Parkway traffic on a corridor that is already over capacity. E. SUBDIVISION COMMITTEE COMMENT: (July 11, 2012) Mr. John Reese and Mr. Joe White were present representing the request. Staff presented an overview of the development stating there were additional items necessary to complete the review process. Staff stated the previous approval established minimum building setbacks, required buffering and limits on the hours of delivery and dumpster/compactor service. Staff questioned if these items would continue to apply to the new user. Public Works comments were addressed. Staff stated as a separate item on the agenda there was a request to amend the Master Street Plan to allow a median break on Chenal Parkway at the Best Buy entrance drive. Staff stated this was not desirable due to the proximity of the intersection of Bowman Road and the limited amount of stack that could be provided on Chenal Parkway at this location. Mr. White stated there were other median breaks along Chenal Parkway. Staff stated there were fewer vehicles traveling the Parkway at these other locations and the impact on traffic flow was much less. Staff stated there was a protected left turn at the intersection of Bowman Road and Chenal Parkway which would allow entry into the site. December 13, 2012 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-5787-C 5 There was a general discussion concerning the driveway from the site onto Bowman Road. Mr. White stated this driveway would be improved with the redevelopment of the site. Staff noted the existing screening fence and landscaping was to be in good condition and any dead, diseased or missing landscaping was to be replaced. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. F. ANALYSIS: There were no outstanding technical issues associated with the request raised at the July 11, 2012, Subdivision Committee meeting. The applicant submitted a request dated July 19, 2012, requesting withdrawal of the Master Street Plan amendment (Item #17 File No. MSP-12-04). The applicant is requesting to amend the listing of previously approved uses to include a food store as an allowable use. Currently there are no revisions proposed to the existing building but the applicant has indicated additional space may be desired in the future. According to the applicant the existing 50-foot buffer along the northern portion of the site would be maintained. The additional square footage would be accomplished by enclosing the 22-foot by 60-foot area along the northwestern portion of the building and/or enclosing a portion of the loading dock area. There are 148 parking spaces on this lot. Per the Zoning Ordinance parking for a food store, supermarket or convenience type grocery store is four (4) spaces plus one (1) space for each three hundred (300) square feet of gross floor area, exclusive of the storage area. The building contains 32,460 square feet with a potential expansion area totaling 5,060 square feet for a total gross floor area of 37,520 square feet. Based on the typical minimum parking requirements a total of 125 parking spaces would be required including areas proposed for storage. There are three existing shared ground sign locations on the two lots. There is a monument sign located at the entrance drive to Best Buy on Chenal Parkway and one on Bowman Road at the entrance drive. The sign is a monument sign which appears to comply with the Chenal Parkway Design Overlay District or eight feet in height and one hundred square feet in area. There is a pole sign located on Bowman Road. The sign appears to be comparable to signage allowed in commercial zones or a maximum of 36-feet in height and 160 square feet in area. Building signage for this lot is limited to the front façade of the building. The signage appears to comply with signage allowed in commercial zones or a maximum of ten (10) percent of the front façade area. The applicant December 13, 2012 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-5787-C 6 has indicated there will not be a change in the existing signage locations or areas. Only the sign faces will be changed to advertise the new tenant. Staff is supportive of the request to add a food store to the allowable uses for this site. Staff does not feel the addition of the food store as an allowable use will significantly impact the area. The applicant has stated all previously imposed conditions continue to apply to the site. G. STAFF RECOMMENDATION: Staff recommends approval of the request to add a food store as an allowable use subject to compliance with the following comments: 1. Compliance with the comments in paragraph D of the above write-up. 2. Compliance with all previously imposed conditions. PLANNING COMMISSION ACTION: (AUGUST 2, 2012) The applicant was present. There were registered objectors present. The Chair informed the applicant when there were eight or fewer Commissioners present the Commission’s policy was to allow the applicant the option of deferral to a later hearing date. Mr. White stated he desired to defer the item to the September 13, 2012, public hearing. There was no further discussion of the item. The Chair entertained a motion for approval of the deferral request. The motion carried by a vote of 8 ayes, 0 noes and 3 absent. STAFF UPDATE: The applicant has stated they are continuing to work with the Birchwood Neighborhood Association concerning proposed modifications to the existing building and additions to the site plan. Staff recommends deferral of this item to the October 25, 2012, public hearing. December 13, 2012 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-5787-C 7 PLANNING COMMISSION ACTION: (SEPTEMBER 13, 2012) Mr. Joe White of White-Daters and Associates was present. There were no registered objectors present. Staff presented the item stating the applicant had stated they are continuing to work with the Birchwood Neighborhood Association concerning proposed modifications to the existing building and additions to the site plan. Staff presented a recommendation of deferral of the item to the October 25, 2012, public hearing. There was no further discussion of the item. The Chair entertained a motion for approval of the item on the Consent Agenda as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. STAFF UPDATE: Staff meet with the owner, the owners representative and members representing the Neighborhood Association concerning this request on October 15, 2012. Based on information provided to staff at this meeting staff requests this item be deferred to the December 13, 2012, public hearing. PLANNING COMMISSION ACTION: (OCTOBER 25, 2012) Mr. Joe White of White-Daters and Associates was present representing the request. There were no registered objectors present. Staff presented the item stating they had met with the owner, the owner’s representative and members representing the Neighborhood Association concerning this request on October 15, 2012. Staff stated based on information provided to staff at this meeting they were requesting this item be deferred to the December 13, 2012, public hearing. There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 7 ayes, 0 noes and 4 absent. STAFF UPDATE: The applicant submitted a revised cover letter and site plan to staff amending the application request. The following bullets outline the amendments as requested by the applicant: • The approval is limited to Whole Foods and not transferable to any other grocery user. • The developer is requesting a traffic signal be placed on Bowman Road at the shopping center entrance to allow traffic to more ease in accessing/exiting the December 13, 2012 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-5787-C 8 site. According to the developer with a very popular grocery store and as many visits as Whole Foods believes will be coming to the intersection they believe this is extremely important in allowing Whole Foods to be successful at this location. The developer plans to enlarge the entrance to the site on Bowman Road making a right and left hand turn out of the center and one turn into the center. This is not an issue for the Planning Commission to consider. The placement of traffic signals are items specifically addressed by the City’s Traffic Engineer and based on determinations of warrants. The City’s Traffic Engineer will determine if/and when warrants are met. • Expand the existing dock area by 20-feet to the north and replace the existing wood fence with a concrete block wall (see drawing). The wall will be 10-feet high and approximately 120-feet long. At the end of the block wall the developer will construct a new 8-foot wood fence that will extend to the commercial area in the front of the site and then turn and run north approximately 50-feet until the fence connects to the commercial area on Bowman Road (see site plan). • Plant Leland Cyprus or similar evergreen screening plants starting at the rear of the dock area placed 15-feet on center and placed 8-feet from the concrete block wall and continuing as shown on the site plan in front of the new 8-foot solid wooden fence to allow additional screening along the northern border with the neighborhood. • As the dock area is increased the developer will add storm drainage grates in the concrete and direct all of the rain water that will fall on the dock area which will be routed either to the front of the development into the existing storm drainage culverts or to the back of the property (to the east as it presently drains) and away from the Birchwood Neighborhood. • Move the existing electrical transformer forward by approximately 100-feet to the green area at the front of the site nearer to the commercial development on Bowman Road, (see site plan). • Move the present 8-yard dumpster from its present location to inside the dock area and in front of the compactor that Whole Foods plans to use at this location. This should eliminate any more problems with the dumpster at that location since it will be kept cleaner and it will more than likely be smaller than the present 8- yard dumpster. • Whole Foods has agreed to not empty the dumpster or run the compactor except during the hours of 7:00 am to 6:00 pm daily. The dumpster will be picked up three (3) times per week with the same hours as above and Whole Foods has agreed to only run the compactor no more than three (3) times per day. The decibels for the compactor are between 60 to 75 decibels and the run time is less than one (1) minute each time it compacts trash. (A lawn mower has a decibels noise level of 105 decibels). The developer feels the noise level will be minimal since it will be behind a concrete block wall and the closest homes are more than 100 feet away. December 13, 2012 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-5787-C 9 The revised plan includes extending the northern façade of the building, adjacent to the existing truck dock, 20-feet by the length of the building. The wall will be constructed as a 10-foot tall masonry wall. As noted by the applicant Leyland Cypress or similar evergreen trees/shrubs will be placed on the northern side of the wall to visually break the massing of the wall and provide additional screening to the development. The purpose of the expansion is to relocate the existing dumpster, which is within the front parking area, to this screened enclosure and placed along side a proposed trash compactor proposed by the new tenant. Within the expansion area an additional 920 square feet of warehouse space will be gained. The applicant is also proposing an area of outdoor dining along the front of the building. The applicant has indicated there will be eight (8) to ten (10) tables with approximately twenty-five (25) chairs. There will be outdoor music within the patio area. The speakers will be located to direct sound into the outdoor dining area. Staff is supportive of the placement of the area for outdoor dining. The previous approval provided a 40-foot planted buffer and slope transition area. The building setback was approved at 50-feet. Within the setback/planted buffer an 8-foot wood fence was to be installed at the top of the slope which was located 30-feet from the north property line. The buffer was not proposed to be an undisturbed buffer. Grading was allowed within almost the entire northern buffer area. Within the 40-foot area trees and shrubs were replanted. The mix included hollies, hardwoods and pines both trees and saplings. Within the 20-foot area proposed to be removed by the expansion the vegetation was removed, as was 95 percent of the entire northern buffer, and was replanted. Within this 20-foot expansion area one (1) Northern Red Oak, five (5) Savannah Hollies and four (4) Loblolly Pines were to be installed. To meet the minimum ordinance requirement a 28-foot land use buffer was required. As noted in the Background Section of the write-up the north 24-feet of the approved building footprint was a loading dock/compactor area. Within the minute record of the February 8, 1994, Public Hearing the locating dock area was to be enclosed within the façade of the building and to be located under-roof. It was noted by the applicant during the public hearing the roofline would be continuous from the building edge to the northern wall of the loading dock. The height of the loading dock wall was to be the same height as the building wall height. There was a restriction that waiting trucks would not leave their engines or other motors running. The approved PCD restricted the hours of loading and operation of the compactor to daylight hours, and required that the building colors on the north façade be “neutral tones”. There were, among other site work requirements, requirements for limiting construction activities on Sunday. The stormwater drainage was to be collected and/or distributed to the east stored within a newly constructed detention pond located behind the building. The applicant has indicated within the newly expanded area stormwater will be collected and piped to the detention area located along the eastern side of the building. December 13, 2012 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-5787-C 10 The applicant is requesting to not cover the loading dock area. This item was not constructed with the original development and staff can not find if and when this condition was removed as a requirement. According to the applicant leaving the area uncovered will allow for the development to contain rainwater and pipe the water to the east and into the stormwater detention pond. After reviewing the Bill of Assurance and Covenants on the property there is an existing covenant which prohibits grocery and/or food stores for this site. Although there are covenants in place to prohibit the grocery store the covenants are a private contract between the property owners. Staff is not supportive of allowing the expansion of the northern wall as proposed. Staff feels the buffer was put in place with the original approval to protect the homes located to the north. Staff does not feel conditions have changed and the neighborhood protection should be maintained. Staff is however supportive of allowing the revision to the PCD to add a grocery store as an allowable use to the property. As noted in the previous write-up staff does support a small expansion and allowing the area behind the loading dock to be enclosed and “squaring up” the building. PLANNING COMMISSION ACTION: (DECEMBER 13, 2012) Mr. John Reese was present representing the request. There were registered objectors present. Staff presented the item with a recommendation of denial to the applicant’s request to expand the store/loading dock area by moving the northern wall 20-feet to the north. Staff stated they were in support of all other aspects of the development. Mr. John Reese addressed the Commission. He stated Whole Foods was looking to relocate from their current Rodney Parham Road site to this new site. He stated this new site would allow additional square footage and would allow for better visibility. He stated the current store had 9,500 trips per day and the new location was expected to generate 12,500 trips per day. He stated he and his engineer had met with the neighborhood and they had made a number of request in which the development was meeting. He stated the neighborhood had requested the six foot wood fence be removed and replaced with a masonry fence, which the development was doing. He stated the neighborhood had also requested the wood fence be replaced and constructed to eliminate foot traffic through the neighborhood. Mr. Reese stated the point of contention between staff was moving of the northern face of the building by 20-feet to allow the loading dock area to be expanded. He stated the wall would be 10-feet high and would replace and existing 6-foot fence. He stated the need for expanding the dock area was to allow the trash compactor and the dumpster to be located within the loading dock area. He stated the proposed user was a grocery store which required a compactor to operate their business. He stated the neighborhood had requested the dock area be limited to a 33-foot expansion area to resemble December 13, 2012 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-5787-C 11 Fresh Market’s dock area. He stated his user could not function with a 33-foot dock area and needed to 40-feet to allow for loading of the compactor from inside the store, relocating the trash dumpster within the dock area and allow for trucks adequate maneuvering area. Mr. Bill Ruck addressed the Commission in opposition of the request. He stated his home was three doors to the east of the development. He stated he agreed with staff and had concerns of the expansion would have negative impact on the adjacent homes. He stated he wanted Whole Foods to locate on site. He stated he felt there was a development plan which would allow for the trash compactor inside the building as well as maintain the buffer area. Ms. Joann Keith, Vice-President of the Birchwood Neighborhood Association, addressed the Commission in opposition of the request. She stated the neighborhood had met with Mr. Reese and had offered suggestions but were not in agreement with his proposal. She stated the neighborhood was in support of Whole Foods but not in support of allowing an expansion. She stated the area was a quiet residential neighborhood. She stated in 1996 the Commission did not feel an expansion would be a benefit to the neighborhood and nothing had changed. She stated the reason there were not a number of residents in attendance in opposition was the residents depended on the officers of the neighborhood association to come down to City Hall and address their concerns. She stated she had visited both Whole Foods and Fresh Market and Fresh Market’s operation was much better than Whole Foods. She stated the compactor at Fresh Market did not smell and there was no trash strewn about. She stated this was not the case at the Whole Foods location on Rodney Parham Road. She requested the Commission continue to impose all previously imposed conditions such as limiting the hours of service and no idling of vehicles on the site. Ms. Tracey Kersey, President of the Birchwood Neighborhood Association, addressed the Commission in opposition of the request. She stated the neighborhood was in full support of Whole Foods locating in the neighborhood but not of allowing the building expansion or allowing the outdoor dining area. She stated the neighborhood had concerns with drainage as well not only from the proposed expansion but the existing drainage problems from the site. She stated water from this developed currently drained into the backyards of the homes located on Birchwood Drive causing severe flooding problems. She stated the developer did not fully comply with the original approval such as covering the loading dock area and planting and/or maintaining the trees and shrubs within the buffer area. She stated expanding the northern wall into the neighborhood would have a significant impact on the existing homes and would potentially add to the already problematic drainage concerns of the area. Mr. Havis Jack stated his home was located north of the site. He stated he was concerned with the potential impacts of the expansion but he did not have anything additional to add. December 13, 2012 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-5787-C 12 Ms. Ruth Bell, League of Women Voters, addressed the Commission in opposition of the request. She stated buffers and landscaping were long hard fought battles in the 1980’s and 1990’s. She stated they had stood the test of time and were an enhancement to the neighborhoods. She stated she did not want to see the buffer intruded into since it was a fought battle and appeared to have served its purpose which was to protect the neighborhood. Mr. Reese stated drainage would not be a problem with the new construction. Mr. Joe White of White-Daters Engineers stated the drains would be connected and routed to the existing detention pond located behind Best Buy. Mr. White stated he did not feel there was a drainage problem on the site. Mr. Reese stated he had requested Whole Foods limit their loading dock to 33-feet and they stated they could not function with less than 40-feet. He stated their business was not like Fresh Market and they needed the additional area to load their compactor and maneuver the truck within the dock area. He stated he felt the placement of Whole Foods at this location was a win/win for the City. He stated no one would be able to tell the difference in a 30-foot buffer and a 50-foot buffer. He stated all who looked at the area felt the existing wood fence was the property line. He stated he also owned the shopping center on Bowman Road which had a retaining wall 20-feet tall. He stated the height of the wall, which was two times as tall as this wall, had not impacted the adjacent homes. There was a general discussion by the Commission as to the existing drainage in the area, the proposed expansion and the need for the 50-foot buffer. Staff stated the site included a 50-foot building setback, a 10-foot transition area and a replanted 40-foot landscape buffer. Staff stated there was an elevation change from the existing wood fence and the floor level of the existing loading dock. Staff stated standing adjacent to the face of the building you were looking over the wood fence and into the back yard of the adjacent homes. Staff stated the site needed to be raised within the expansion area 10 to 15-feet to match the existing floor elevation which would visually increase the height of the wall. Staff stated they felt all drainage problems could be addressed through proper maintenance. There was a question by the Commission as to the difference in the expansion area proposed by the neighborhood and the developer. The Commission also questioned what area would be maintained as a buffer if the 40-foot expansion was allowed. Mr. White stated this was the first time he had seen the sketch provided by Mr. Ruck. He stated a deferral was necessary to review the sketch to see if it could meet the needs of the proposed tenant. Mr. Reese requested a deferral of the item to allow his engineer and the neighborhood to meet to discuss options for allowing the improvements to the building required to meet the needs of Whole Foods and meet the desires of the neighborhood. December 13, 2012 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-5787-C 13 A motion was made to defer the item to the January 24, 2013, public hearing. The motion carried by a vote of 7 ayes, 0 noes and 4 absent. December 13, 2012 ITEM NO.: C FILE NO.: S-867-RRRRRRR NAME: Chenal Valley South Preliminary Plat LOCATION: Located North of Denny Road just West of Gordon Road and North of Wildwood Park DEVELOPER: Deltic Timber Corporation 7 Chenal Club Boulevard Little Rock, AR 72223 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 16.73 acres NUMBER OF LOTS: 19 FT. NEW STREET: 2,000 LF CURRENT ZONING: R-2, Single-family PLANNING DISTRICT: 19 - Chenal CENSUS TRACT: 42.13 VARIANCES/WAIVERS REQUESTED: 1. A five year deferral of the required street improvements to Denny Road or until improvements are completed adjacent to this site. 2. A variance from Section 31-202 which requires streets not extending to the boundary of a subdivision, and its continuation is not necessary for access to adjoining property, the terminus is to be no closer than 50-feet to the property line. 3. A variance from the Master Street Plan to allow the street design and street grades in excess of the typical maximum slope for streets and intersections. December 13, 2012 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: S-867-RRRRRRR 2 A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is requesting preliminary plat approval for a 16.73 acre tract of property located on the north side of Denny Road adjacent to Wildwood Park. The applicant is requesting to create 19 single-family residential lots from the area. The area abutting Denny Road will be placed within a tract. The lots range in size from 0.3097 acres to 0.9859 acres. The subdivision includes three (3) new streets. The request includes a deferral of the required street construction to Denny Road for a period of five (5) years or until adjacent development occurs. There is also a variance from Section 31-202 to allow the terminus of C Street nearer the property line than the 50-feet defined in the Subdivision Ordinance. The request includes a variance from the Master Street Plan to allow the street design and street grades in excess of the maximum slope typically allowed. B. EXISTING CONDITIONS: The property is heavily wooded sloping upward from Denny Road to the north. Wildwood Performing Arts development is located to the south and uses the Denny Road frontage of this property for parking. North of the site is an approved preliminary plat for the Wildwood Subdivision. Development of the phase abutting the proposed plat area has not occurred. East of the site with access from Gordon Road is a single- family subdivision, Chenal Valley Phase 35, or referred to as Sezanne. Denny Road is a two lane County Road with open ditches for drainage. Within this area little development has occurred. There is an approved PD-R residential subdivision to the south approved in October 2010 for a development containing lots sizes averaging 6,500 square feet. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a letter of concern from the property owner to the north. All abutting property owners were notified of the public hearing. There is not a registered neighborhood association located in the area. December 13, 2012 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: S-867-RRRRRRR 3 D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Denny Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. 2. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to Denny Road including 5-foot sidewalks with the planned development. 3. With site development, provide the design of street conforming to the Master Street Plan. Construct street improvement to the proposed street including 5-foot sidewalks with the planned development. 4. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). 5. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 6. Stormwater detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. 7. If disturbed area is one (1) or more acres, obtain a NPDES stormwater permit from the Arkansas Department of Environmental Quality prior to the start of construction. 8. Street Improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. 9. Streetlights are required by Section 31-403 of the Little Rock code. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting/certificate of occupancy. Contact Traffic Engineering 379-1813 for additional information. 10. Street names and street naming conventions must be approved by Public Works. 11. Turnarounds must be provided at termination of Street "A" and Street and “C” Street. December 13, 2012 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: S-867-RRRRRRR 4 12. Existing cross drains under Denny Road should be evaluated for capacity of the proposed development. 13. Erosion controls must be installed to reduce discharge of polluted stormwater. 14. Vegetation must be established on disturbed area within 21 days of completion of harvest activities. 15. Provide a sketch grading and drainage plans for the proposed streets. The maximum slope on residential streets is fifteen percent (15%). The maximum slope at intersections is five percent (5%). E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Gravity sewer not available in this area at this time. The development will be required a pump station and sewer main extension be installed to obtain sewer service. Sewer development for this area requires approval from Little Rock Wastewater. For additional information and details contact Little Rock Wastewater Utility. Entergy: A 10-foot utility easement is required along each of the proposed streets. Contact Entergy for additional information. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: A Capital Investment Charge is applicable to all connections off the waterlines along Denny Road. All Central Arkansas Water requirements in effect at the time of request for water service must be met. A water main extension will be needed to provide water service to this property. Please submit plans for water facilities to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities. Approval of plans by Central Arkansas Water, the Arkansas Department of Health Engineering Division and the Little Rock Fire Department is required. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water December 13, 2012 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: S-867-RRRRRRR 5 regarding procedures for installation of the hydrant(s). A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. Fire Department: Place fire hydrants per code. Maintain a minimum access of at least 20-feet. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (August 22, 2012) Mr. Tim Daters of White-Daters and Associates was present representing the owner. Staff presented an overview of the request stating there were additional items necessary to complete the review process. Staff stated the no right of vehicular access should be increased to 10-feet and questioned if there would be any fences located within the required setback. Staff also questioned if Wildwood would continue to use the paved area along Denny Road for over-flow parking for events. Staff questioned if the development would be completed in phases. Mr. Daters stated the development would be constructed in a single phase. Public Works comments were addressed. Staff stated the maximum slope for a residential street was 15-percent with a maximum intersection slope of 5-percent. Staff also stated a grading permit would be required with the development of the proposed subdivision. Staff stated the stormwater detention ordinance would apply to the development of the subdivision. Staff questioned the desire for constructing Street C and connecting with the previously approved Wildwood Subdivision. Mr. Daters stated the desire was to allow connectivity from Deltic’s Subdivision to the north as well as allow connectivity of the Wildwood Subdivision to the south. He stated limited conversations had occurred between the two property owners. He stated additional dialogue would occur to see if the December 13, 2012 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: S-867-RRRRRRR 6 connectivity was desirable to the adjacent property owner and if not the plan would be revised in some fashion to limit the impact on the abutting preliminary platted area but allow future access should both parties agree. Staff noted the comments from the 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 a number of issues raised at the November 15, 2012, Subdivision Committee meeting. Based on the revised plan Public Works has the following additional comments: 1. Deferral of boundary street improvements on residential subdivisions is no longer accepted. 2. Since Street A accesses the large residentially zoned property to the north, it cannot be considered a minor residential street. Therefore, Street A should be constructed as a residential street with sidewalk on one (1) side. 3. The turnaround on Street C must be constructed to a length of at least 80 feet for maneuvering for City and emergency vehicles. 4. Street C shows to exceed a sixteen percent (16%) running slope and eighteen percent (18%) in locations. 5. The Street C and Street B intersection slope exceeds five percent (5%). The applicant is seeking preliminary plat approval for a 16.73 acre tract of property allowing the creation of 19 single-family residential lots and one (1) tract from the area. The area abutting Denny Road currently being used as parking for the Wildwood Center for Performing Arts will be placed within the tract and continue to serve as over-flow parking for Wildwood. The single-family lots range in size from 0.3097 acres to 0.9859 acres. The average lots are proposed 115-feet by 300-feet and 140-feet by 200-feet. The setbacks are proposed to meet typical setbacks per the R-2, Single-family Zoning District. The subdivision includes three (3) new streets. The request includes a deferral of the required street construction to Denny Road for a period of five (5) years or until adjacent development occurs. Staff is not supportive of the deferral request. Staff feels the street construction to Denny Road should take place with the final platting of the subdivision. December 13, 2012 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: S-867-RRRRRRR 7 The plat indicates Street A to access a large area of residentially zoned property to the north. With the placement of the street to serve future development Street A cannot be considered a minor residential street and must be constructed as a residential street which requires the placement of 26-feet of pavement and a sidewalk on one (1) side. As noted the street design does not comply with the typical standards of the Master Street Plan. Street C shows to exceed a sixteen percent (16%) running slope and eighteen percent (18%) in locations and the Street C and Street B intersection slope exceeds five percent (5%). Staff is not supportive of the street design as proposed. The turnaround on Street C has not been shown at a length of at least 80 feet to allow maneuvering of City and emergency vehicles. The turnaround must be constructed to allow for the required maneuvering. There is also a variance from Section 31-202 to allow the terminus of C Street nearer the property line than the 50-feet defined in the Subdivision Ordinance. Staff is supportive of this variance request. Staff does not support the application as submitted with regard to the street design and deferral of boundary street improvements to Denny Road. Staff feels the street design and construction should be in compliance with development criteria of the various ordinances. I. STAFF RECOMMENDATION: Staff recommends denial of the request as filed. PLANNING COMMISSION ACTION: (SEPTEMBER 13, 2012) Mr. Tim Daters and White-Daters and Associates was present representing the request. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated August 30, 2012, requesting deferral of the item to the October 25, 2012, public hearing. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The Chair entertained a motion for approval of the item on the Consent Agenda as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. December 13, 2012 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: S-867-RRRRRRR 8 STAFF UPDATE: The applicant has not responded to comments raised at the August 22, 2012, Subdivision Committee meeting and the applicant has indicated they are continuing to develop a plan which will limit the impact on the adjacent property owner. Staff recommends deferral of this item to the December 13, 2012, public hearing. PLANNING COMMISSION ACTION: (OCTOBER 25, 2012) Mr. Tim Daters of White-Daters and Associates was present representing the request. There were no registered objectors present. Staff presented the item stating the applicant had not responded to comments raised at the August 22, 2012, Subdivision Committee meeting and the applicant had indicated they were continuing to develop a plan which would limit the impact on the adjacent property owner. Staff presented a recommendation of deferral of this item to the December 13, 2012, public hearing. There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 7 ayes, 0 noes and 4 absent. PLANNING COMMISSION ACTION: (DECEMBER 13, 2012) The applicant was present. There was one registered objector present. The Chair stated there were seven Commissioners present to hear the item. The Chair stated when there were eight or fewer Commissioners the Commission’s policy was to allow the applicant the option of deferral to a later hearing date. The Chair questioned the applicant if he desired to move forward with the item or if he desired to defer the item to the January 24, 2013, public hearing. Mr. Tim Daters of White Daters and Associates stated he desired to defer the item. There was no further discussion of the item. The Chair entertained a motion for approval of the deferral of the item. The motion carried by a vote of 7 ayes, 0 noes and 4 absent. December 13, 2012 ITEM NO.: D FILE NO.: Z-7723-C NAME: Ford Properties Homes, LLC Short-form PCD LOCATION: Located at 1115 Jefferson Street DEVELOPER: Chris Ford Ford Properties Homes, LLC P.O. Box 1142 Benton, AR 72205 ENGINEER: Blaylock-Threet Engineers, Inc. 1501 Market Street Little Rock, AR 72211 AREA: 0.32 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: PCD ALLOWED USES: Church and C-3 uses PROPOSED ZONING: PCD PROPOSED USE: Office/warehouse and general and professional office VARIANCES/WAIVERS REQUESTED: None requested. The applicant failed to respond to comments raised at the August 22, 2012, Subdivision Committee meeting. Staff recommends deferral of this item to the October 25, 2012, public hearing. PLANNING COMMISSION ACTION: (SEPTEMBER 13, 2012) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had failed to respond to comments raised at the August 22, 2012, Subdivision Committee meeting. Staff presented a recommendation of deferral of the item to the October 25, 2012, public hearing. December 13, 2012 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: Z-7723-C 2 There was no further discussion of the item. The Chair entertained a motion for approval of the item on the Consent Agenda as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. STAFF UPDATE: The applicant has indicated they are continuing to work on comments raised at the August 22, 2012, Subdivision Committee meeting. Staff recommends deferral of this item to the December 13, 2012, public hearing. PLANNING COMMISSION ACTION: (OCTOBER 25, 2012) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had indicated they were continuing to work on comments raised at the August 22, 2012, Subdivision Committee meeting. Staff presented a recommendation of deferral of this item to the December 13, 2012, public hearing. There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 7 ayes, 0 noes and 4 absent. STAFF UPDATE: The applicant has not responded to comments raised at the August 22, 2012, Subdivision Committee meeting. Since the item has been deferred a number of times previously staff recommends the item be withdrawn, without prejudice, to allow the applicant time to resolve outstanding issues and refile once these issues have been resolved. PLANNING COMMISSION ACTION: (DECEMBER 13, 2012) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had not responded to comments raised at the August 22, 2012, Subdivision Committee meeting. Staff stated since the item had been deferred a number of times previously staff presented a recommendation the item be withdrawn, without prejudice, to allow the applicant time to resolve outstanding issues and refile once the issues had been resolved. December 13, 2012 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: Z-7723-C 3 There was no further discussion of the item. The Chair entertained a motion for approval of the item as presented by staff on the Consent Agenda. The motion carried by a vote of 8 ayes, 0 noes and 3 absent. December 13, 2012 ITEM NO.: 1 FILE NO.: Z-3689-K NAME: LISA Academy Zoning Site Plan Review LOCATION: Located at 21 & 23 Corporate Hill DEVELOPER: LISA Academy 21 Corporate Hill Drive Little Rock, AR SURVEYOR: Brooks Surveying 20820 Arch Street Pike Hensley, AR 72065 AREA: 2.30 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: O-2, Office and Institutional PLANNING DISTRICT: 2 – Rodney Parham CENSUS TRACT: 22.05 VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: On June 22, 2006, the Little Rock Planning Commission approved a Zoning Site Plan review request to allow the placement of a modular building on the site located to the east to serve as additional classroom space for LISA Academy. At the time of approval the anticipated school enrollment for the 2006 – 2007 school year was 375 students. With the approval staff presented a recommendation the modular building be removed by July 19, 2009, to coincide with the required removal of portable classrooms per Section 36-203(g). The portable classroom building was not removed. Section 36-203(g) was subsequently amended to allow portable classroom buildings through July 19, 2014. December 13, 2012 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: Z-3689-K 2 On January 27, 2011, the Little Rock Planning Commission approved a Zoning Site Plan Review for this site to allow LISA Academy to expand with construction of a new building located on a lot immediately west of the existing school campus. The school was proposed to house 20 classrooms, a computer lab and a science lab. The building was proposed containing 36,215 square feet. The maximum building height approved was 40-feet. The existing school would remain. The portable classroom building located on the current school campus site would be removed. The school had 473 students in Grades 6 – 12. The school indicated there would be a maximum enrollment of 600 students. There are 41-faculty members serving the school. With the addition of students a maximum of 46-faculty persons were proposed. The school indicated their hours of operation were from 7:50 am to 3:00 pm daily. An existing access easement located on the adjacent lot to the west would serve as ingress and egress to the new building. The pick-up and drop-off would occur in the rear of the building for the high school students. Pick-up and drop-off for the middle school students would take place on the front of the site. On March 10, 2011, the Little Rock Planning Commission approved a request to allow an increase the height for the previously approved building. The approval allowed the building height to be increased from 45-feet to 70-feet in height. The building was proposed with three levels above a finished basement. The building has been constructed and is being used by LISA Academy. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The Zoning Site Plan Review approved on January 27, 2011, allowed the use of the site as a school with a maximum enrollment of 600 students. The maximum number of students was based on a traffic study prepared by Peters and Associates outlining traffic flows and drop-off and pick-up schedules and locations to minimize the impact of the school traffic on the abutting City streets. On April 9, 1012, the Arkansas State Board of Education allowed an increase in the cap of students from 600 to 800. Starting with the fall schedule the school increased the number of students from 600 to 800 without seeking approval from the Commission for a revision to the previously approved application. The request before the Commission is a review of the revised traffic study and analysis to determine the impact of the additional students on the area. December 13, 2012 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: Z-3689-K 3 B. EXISTING CONDITIONS: The site is developed with two (2) buildings housing LISA Academy. This area is an office park development. South of the site is floodway Rock Creek. The Corporate Hill Subdivision has developed with office users with the buildings developed with shared access easements and shared parking lots. Most of the buildings in the area appear to be occupied but a few are vacant. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a few informational phone calls from area residents and businesses. All property owners located within 200-feet of the site and the Treasure Hill Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Provide traffic study to staff for review. E. SUBDIVISION COMMITTEE COMMENT: (November 15, 2012) The applicant was present. Staff presented an overview of the request stating the review was to add additional students to the allowed enrollment of the school. Staff stated the previous approval limited the number of students to 600 students. Staff stated the current request was to allow 800 students. Staff stated the review was based on a traffic study which was being prepared by their traffic engineer. Staff stated the City’s Traffic Engineer would review the findings and provide an analysis and recommendation. Representatives from the school stated modifications from the study were being implemented. Ms. Luanne Baroni stated with the implementation of the suggestions by the traffic engineer traffic was flowing at a better pace and there was little to no stacking onto the abutting City streets. Staff stated they would make a site visit to review the progress of the changes. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. December 13, 2012 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: Z-3689-K 4 F. ANALYSIS/TRAFFIC IMPACT ANALYSIS: LISA Academy has contacted with Peters and Associates Engineers to prepare an updated traffic study for the school. The original traffic study was dated January 10, 2011, and was prepared based on a proposed expansion in the enrollment of the school. The school expected an increase in the number of students from 473 to 600 students. The site plan included an additional point of access via Executive Court for entering site traffic and drives for on-site queuing of vehicles during AM drop-off and PM pick-up periods. Once the 2011 school expansion was completed, vehicle traffic operations associated with the increase in enrollment was found to be adequate. Since that time the student enrollment has been increased to 800 students. The updated traffic study report includes the existing and proposed re-distributed traffic operational analysis accommodating traffic occurring in relation to the expanded student enrollment. There has been no change to the school buildings, driveways, parking or school access points. The current enrollment is 790 students in grades 6 thru 12. Entering school-generated vehicles currently access the site via Executive Court and via Corporate Hill Drive. All exiting school-generated vehicles currently egress the site via Corporate Hill Drive. The original traffic study for LISA Academy was based on a maximum enrollment of 600 students. However, the enrollment was authorized by the Arkansas State Board of Education to be increased to a maximum of 800 students. Current enrollment is approximately 790 students in grades 6 thru 12. This increase in enrollment has created traffic operational issues during the school PM peak hour. On-site observations by Peters and Associates indicate there did not appear to be any adjustment in traffic operations based on the new enrollment. The primary focus of the updated traffic report was to assess existing traffic operations and make recommendations to adequately serve access to the site to minimize queuing on the adjacent streets that currently serve the site; Corporate Hill Drive and Executive Court. The Fall 2012 semester enrollment is 219 students in 6th grade and 186 students in 7th grade for a total middle school enrollment of 405 students. The high school enrollment is 385 students with 147 students in 8th grade and 238 students in 9th thru 12th grades. 6th and 7th grades are located in the middle school building and grades 8 thru 12th are located in the high school building. All entering school generated vehicles access the site via Executive Court and via Corporate Hill Drive. All exiting school generated vehicles egress the site via Corporate Hill Drive. Before the recommended operational adjustments were implemented December 13, 2012 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: Z-3689-K 5 vehicles picking-up 7th and 8th grades were requested to access the site via Corporate Hill Drive. All others were requested to access the site via Executive Court. Wednesday school dismissal PM peak hour is the worst-case condition because it is the only day of the week that there are no after school programs. Therefore, this is the day of the week that was observed as a part of the study. Vehicle traffic counts were made during the school dismissal PM peak hour. School dismissal PM peak hour is from 2:45 to 3:45 PM with the majority of traffic occurring between 2:45 and 3:15 PM. The existing school dismissal PM peak hour site-generated traffic counts at LISA Academy before the recommended operational adjustment were made entering and exiting traffic volumes were the Executive Court access 141 entering and the Corporate Hill Drive access 187 entering and 348 exiting. Because of the traffic operational issues associated with the vehicles queuing on Corporate Hill Drive, evaluations of school access during the school dismissal PM peak hour were made and recommendations were discussed with representatives from the City of Little Rock Traffic Engineering Division. The following are recommended operational adjustments resulting from the study: • It is recommended that student pick-up during school dismissal PM peak hour be via Executive Court for the middle school and via Corporate Hill for the high school. Exception to this pattern could be permitted for special needs pick-up and drop-off and for teachers and staff accessing existing parking areas, which could access via Corporate Hill Drive or Executive Court. • It is recommended that all departing vehicles continue to utilize Corporate Hill Drive. • It is recommended that the middle school dismissal time be changed to a minimum of four minutes earlier on Wednesday during the school dismissal PM peak hours. This would allow 19 minutes between middle school and high school dismissal times thereby allowing enough time for the majority of the middle school vehicles to exit the area before the majority of the vehicles associated with the high school finish arriving. With the 19 minute separation in dismissal times, the approximate 1,700 linear feet of vehicle storage within the school access drive connection from Executive Court is able to accommodate almost all of the vehicles during the school dismissal PM peak hours. Furthermore, the queued vehicles on Corporate Hill Drive were observed to be reduced December 13, 2012 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: Z-3689-K 6 from approximately 2,200 linear feet to an acceptable distance of 1,800 linear feet or less during the worst-case Wednesday dismissal PM peak hours without interfering with the intersection operation at West Markham Street and Corporate Hill Drive. • To assure safe and orderly pick-up and discharge of students within the site, it is recommended that operations facilitators continue to work the pick-up and drop-off areas to direct and assist parents with student movements to/from vehicles to/from designated school access doors and to assist with orderly boarding and departure of vehicles. After adjustments were made the school dismissal PM peak hour site-generated entering and exiting traffic volumes are the Executive Court access entering 156 and the Corporate Hill Drive access entering 147 and exiting 328. PM peak hour for the Executive Court access was 2:35 – 3:35 PM with the majority of traffic occurring between 2:35 and 3:10 PM. PM peak hour for the Corporate Hill Drive access was 2:45 – 3:45 PM with the majority of traffic occurring between 3:00 and 3:25 PM. The implemented operational adjustments during the school dismissal PM peak hour have been implemented by LISA Academy. Vehicle counts and queuing observations associated with LISA Academy during the school PM peak hour were made Wednesday, November 7, 2012, after the implemented operational adjustments were made. It was observed that the queuing along Corporate Hill Drive was reduced to an acceptable distance without effecting traffic on West Markham Street. It was also observed that vehicles queued for only a short time (five minutes) beyond the cul-de-sac on Executive Court. Traffic operations were also observed on a non-Wednesday weekday and it was observed that vehicles did not queue beyond the cul-de-sac on Executive Court nor beyond the curve to the northeast of the campus on Corporate Hill Drive. Staff made a site visit on Wednesday November 28, 2012, to view the modifications and the flow of traffic on and around the site. On Executive Court there were 14 vehicles stacked beyond the applicant’s property. On Corporate Hill Drive there were cars stacked on both sides of the street limiting the travel lane to one. Staff does not feel the modifications implemented are satisfactory. The applicant’s traffic engineer has indicated they will continue to work with LISA Academy and provide additional modifications to the traffic and stacking to limit the impact on the abutting City streets. G. STAFF RECOMMENDATION: Staff recommends denial of the current application request. December 13, 2012 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: Z-3689-K 7 PLANNING COMMISSION ACTION: (DECEMBER 13, 2012) The applicant was present. There were registered objectors present. Staff presented the item with a recommendation of deferral. Staff stated the applicant had submitted a request dated December 12, 2012, requesting deferral of the item to the January 24, 2013, public hearing. Staff stated the deferral request would require a waiver of the Commission’s By-laws with regard to the late deferral request. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The Chair entertained a motion for approval of the By-law waiver request. The motion carried by a vote of 8 ayes, 0 noes and 3 absent. The Chair entertained a motion for approval of the item as presented by staff on the Consent Agenda. The motion carried by a vote of 8 ayes, 0 noes and 3 absent. December 13, 2012 ITEM NO.: 2 FILE NO.: Z-1716-F NAME: Pleasant Ridge North Short-form PD-C LOCATION: Located at 11300 Cantrell Road DEVELOPER: Central Crossings Investments, LLC 209 Deauville Place Little Rock, AR 72223 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 2.2 acres NUMBER OF LOTS: 1 lot FT. NEW STREET: 0 LF CURRENT ZONING: POD Expired ALLOWED USES: Office/Bank PROPOSED ZONING: PD-C PROPOSED USE: Hotel VARIANCES/WAIVERS REQUESTED: None requested. The applicant submitted a request dated November 21, 2012, requesting deferral of this item to the January 24, 2013, public hearing. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (DECEMBER 13, 2012) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated November 21, 2012, requesting deferral of the item to the January 24, 2013, public hearing. Staff stated they were supportive of the deferral request. December 13, 2012 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: Z-1716-F 2 There was no further discussion of the item. The Chair entertained a motion for approval of the item as presented by staff on the Consent Agenda. The motion carried by a vote of 8 ayes, 0 noes and 3 absent. December 13, 2012 ITEM NO.: 3 FILE NO.: Z-4923-L NAME: Shackleford Crossing Lot 5B Short-form PCD LOCATION: Located on the northwest corner of Crossing Court and Shackleford Road DEVELOPER: KNS Hotels Bobby Sharolia P.O. Box 740 Lonoke, AR 72086 ENGINEER: Central Arkansas Engineering 1012 Autumn Road Little Rock, AR 72211 ARCHITECTS: Jimmy Hudspeth 220 N. Sixth Street, Suite B West Memphis, AR 72301 AREA: 1.70 acres NUMBER OF LOTS: 1 lot FT. NEW STREET: 0 LF CURRENT ZONING: PCD ALLOWED USES: C-2, Shopping Center District, O-2, Office and Institutional and the Conditional Uses allowed in the O-2, Office and Institutional Zoning District PROPOSED ZONING: Revised PCD PROPOSED USE: Hotel Lot 5B 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 December 13, 2012 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-4923-L 2 430. The conceptual plan included the north 62 acres being developed with C-2, Shopping Center District permitted uses, the south 20 acres being O-2, Office and Institutional District permitted uses and the middle 15 acres being a transition area where O-2, Office and Institutional District and C-2, Shopping Center District permitted uses would be allowed. The plan also showed four (4) out parcels along the Shackleford Road frontage, with three (3) main entry drives from Shackleford Road. The total project would consist of 1,000,000 square feet of gross building area. Ordinance No. 19,399 adopted by the Little Rock Board of Directors on September 20, 2005, established revisions to the previously approved PCD. The approval defined the site plan for Phase I, the commercial portion of the project and one (1) of the office lots. With the request, a preliminary plat for the subdivision of the site with sixteen (16) lots and out-parcels was also approved. The approved site plan included an area previously excluded containing the Comcast office tract on Shackleford Road and incorporated the area into the overall project plan. All the conditions that were a part of the approved Conceptual PCD were incorporated into the submittal with one (1) revision. The one (1) change requested from the prior conditions was to increase the allowable restaurant square footage and place a minimum parking ratio requirement for restaurants on the site as imposed by the developer. Ordinance No. 19,699 adopted by the Little Rock Board of Directors on February 20, 2007, revised the PCD to clarify the signage plan, allow dock doors to be oriented to Shackleford Road and add food store as an allowable use for the site. On May 8, 2008, the Little Rock Planning Commission recommended approval of a request to allow a revision to the previously approved PCD for a 2.2-acre parcel located near the southeastern portion of the site immediately south of the proposed Wal-Mart retail store. The approval allowed for development of a four (4) story 92 room hotel with paved drives and parking. The hotel was not proposed with any amenities such as conference rooms, a restaurant or a bar. The approval allowed building signage on three facades of the building and a ground sign with a maximum height of thirty-six (36) feet and a maximum sign area of one hundred sixty (160) square feet. The Board of Directors approved the request on June 3, 2008, by the adoption of Ordinance No. 19,980. On July 15, 2008, the Little Rock Board of Directors approved a revision to the PCD by the adoption of Ordinance No. 19,994 to clarify and amend some of the language in the conditions. The modifications include the addition of Conditional Uses in the O-2, Office and Institutional Zoning District to the allowable uses for the office portion of the development and to increase the amount of restaurant square footage approved for the development. The revision allowed 55,000 square feet of restaurant space on the out parcels and a maximum of 80,000 square feet within the overall development. December 13, 2012 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-4923-L 3 The approval also allowed a hotel on Lot 11 which is located near the southwest corner of the site. The hotel was indicated with a maximum of four (4) stories and 87 rooms. The hotel would not have a restaurant or bar associated with it but a 1,200 square foot meeting room was proposed. The approval allowed building signage on three facades of the building and a ground sign with a maximum height of thirty-six (36) feet and a maximum sign area of one hundred sixty (160) square feet. On January 8, 2009, the Little Rock Planning Commission denied a request by Cracker Barrel to allow the placement of temporary storage modules within the rear parking area of the restaurant to serve as temporary inventory storage for seasonal sales. The denial was not appealed to the Board of Directors for reconsideration. On February 25, 2010, the Little Rock Planning Commission was to hear a request to allow the development of Lot 5B (an out-parcel located on South Shackleford Road) with a four (4) story hotel containing 84 rooms. The applicant withdrew the item prior to the Commission hearing the request. Ordinance No. 20,282 adopted by the Little Rock Board of Directors on June 15, 2010, allowed a revision to the PCD to allow the construction of a four (4) story hotel containing 72 guest rooms on a 1.8 acre lot within Shackleford Crossing Subdivision. The development was proposed containing 80 parking spaces. The hotel was proposed as a LaQuinta Inn and Suites. The hotel was proposed with a meeting facility and indoor pool area but did not include a full service restaurant or bar. This hotel was not constructed. Ordinance No. 20,425 adopted by the Little Rock Board of Directors on April 19, 2011, allowed a revision to the PCD by splitting Lot 4B into Lots 4B-R2 (+/- 0.81 acres) and 4D (+/- 1.0 acres). The approval allowed a express tunnel carwash to be developed on Lot 4B-R2. The carwash has been constructed. On October 16, 2012, the Little Rock Board of Directors adopted Ordinance No. 20,647 allowing a modification to the previously approved pylon signs. The height nor the width of the existing signs changed. The height of the signs was 35-feet with a signage area of 340 square feet. The approval added additional panels to the lower portion of the sign which were open. The additional space added up to eight (8) panels on each pylon sign. Each panel was two (2) to three (3) feet tall and ten (10) feet wide. The maximum additional sign area approved was 240 square feet December 13, 2012 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-4923-L 4 A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The request is to amend the approved PCD for Lot 5B to allow the construction of a 4-story 82-room hotel. The maximum building height indicated is 60-feet. The cover letter states within the hotel there will be meeting room space, a business center, a fitness center and a lobby bar. The hotel will offer an evening manager’s reception. The lot area is 1.7 acres or 74,104 square feet. The building covers 17.5 percent of the site. The parking drives and walks cover an additional 43.3 percent. 41.7 percent of the site is set aside for open space and landscaping. B. EXISTING CONDITIONS: The shopping center has developed with a mix of retail uses including a Wal-Mart store within the southern portion of the commercial development area. Comcast is located within the development and two (2) hotels have been constructed within the office portion of the development. Along Shackleford Road there are several restaurants and an express tunnel carwash located on out-parcels. Other uses in the area include Camp Aldersgate, a vacant property to the southeast approved as a PCD for a mixed use development containing residential, office and retail uses. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a few informational phone calls from area residents. All property owners located within 200 feet of the site and the John Barrow Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. The first 2 parking spaces on the east side of the driveway should be removed so vehicles do not back into drive entrance. 2. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Capacity Contribution Analysis required. Contact Little Rock Wastewater for additional details. December 13, 2012 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-4923-L 5 Entergy: Existing right-of-way/easement. No landscaping allowed within the easement. Contact Entergy for additional information. CenterPoint 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. Due to the nature of the facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water requires that upon installation of the RPZ assembly, successful test of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by Central Arkansas Water. The test results must be sent to Central Arkansas Water’s Cross Connection Section within ten (10) days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. The facilities on-site will be private. When meters are planned off private lines, private facilities shall be installed to Central Arkansas Water’s material and construction specifications and installation will be inspected by an engineer licensed to practice in the State of Arkansas. Execution of a Customer Owned Line Agreement is required. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) are required. They will be installed at the Developer’s expense. Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and the Little Rock Fire Department is required. Contact Central Arkansas Water, regarding the size and location of the water meter. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protect. Fire Department: Maintain access of at least twenty (20) feet; fire hydrants per Code. Contact Fire Marshall Tony Rhodes at 607-3560 with any questions. County Planning: No comment. December 13, 2012 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-4923-L 6 CATA: Site is directly served by CATA Bus Route #3, the Baptist Medical Center Route, and in 2013 will be served also be served by CATA Bus Route #14, the Rosedale Route. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the I-430 Planning District. The Land Use Plan shows Mixed Use (MX) for this property. This category provides for a mixture of residential, office and commercial uses to occur. A Planned Zoning District is required if the use is entirely office or commercial or if the use is a mixture of the three. The applicant has applied for a rezoning from PCD (Planned Commercial District) to PCD (Planned Commercial District) to allow for the development of a Hotel on the site. Master Street Plan: Shackleford Road is shown as a Minor Arterial and Crossing Court is a Local Street on the Master Street Plan. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. The primary function of a Local Street is to provide access to adjacent properties. Local Streets that are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. A Collector design standard is used for Commercial Streets. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Shackleford Road. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes shown in the immediate vicinity. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. Site plan must comply with all previous comments relating to the overall site development. 3. The zoning ordinance requires an average sixteen foot (16’) wide street buffer along both the western and southern perimeters of the site. It appears the driveway widths can be reduced allowing for additional street buffer in both areas. 4. The landscape ordinance requires a nine foot (9’) wide landscape strip around the sites entirety. It appears the retaining wall is encroaching into this minimal landscape area along the street(s). A variance from this minimal December 13, 2012 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-4923-L 7 amount must be obtained from the City Beautiful Commission prior to the issuance of a building permit. 5. All the street trees must be in place around the site or included in the landscape plan for building permit application. 6. Interior Islands must be a minimum of 300 square feet in area to receive credit towards the interior landscaping requirement. 7. A controlled automatic irrigation system is required. 8. Prior to the issuance of a building permit, it will be necessary to provide landscape plans stamped with the seal of a Registered Landscape Architect. 9. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (November 15, 2012) The applicant was present. Staff presented an overview of the development stating there were additional items that needed clarification prior to the Commission acting on the final request. Staff questioned if the hotel would have a full service bar and/or restaurant. The applicant stated there would be a small bar approximately 200 square feet and a 600 square foot meeting room. Staff also questioned the proposed signage plan. Staff stated the maximum ground sign height allowed within this portion of the development would be limited to six feet. Staff stated lighting of the site was to be in compliance with previous agreements between the original developer and Camp Aldersgate. Public Works comments were addressed. Staff stated the two (2) parking spaces backing into the entrance drive should be removed. Staff also stated any damaged curb, gutter or sidewalk within the public right of way was to be repaired prior to the issuance of the certificate of occupancy. Landscaping comments were addressed. Staff stated the street buffer was to be a minimum of 16-feet along the western and southern perimeters. Staff also stated all street trees were to be placed around the site or included as a part of the landscape plan for this development. The applicant stated the street buffers were indicated as were approved with the original PCD approval. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. December 13, 2012 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-4923-L 8 H. ANALYSIS: The applicant submitted a revised site plan to staff addressing a number of the issues raised at the November 15, 2012, Subdivision Committee meeting. The plan indicates the placement of a 13-foot landscape strip along the western service drive and a minimum 14-foot landscape strip along Crossing Court. The applicant has not removed the two parking spaces backing into the driveway. The landscape strips are indicated as were approved with the original PCD plan. The development is proposed as a four story 82-room hotel. The maximum building height proposed is 60-feet. The site plan indicates the placement of 84 parking spaces (with the removal of 2-spaces at the entrance drive). The maximum building height allowed per the approved PCD ordinance was 45-feet with a condition the height could be increased to 60-feet upon approval by the Planning Commission. The approved PCD ordinance allows for a maximum sign height and area for the “office portion” of the development of six (6) feet in height and sixty-four (64) square feet in area. The applicant has indicated a note on the site plan noting the sign with a maximum height of six (6) feet and a maximum sign area of sixty-four (64) square feet. Lighting for this sign will comply with previous agreements for the development. Based on the total square footage of the building the approved PCD allows for building signage on two (2) facades of the building. The applicant has indicated wall signage will be placed on the northern and southern facades of the building on the fourth level. Signage is not proposed on the eastern façade. The original approval limited the hours of lighting signage. The ordinance states except ground signs, signs are to remain unlighted except for ½ hour before and after the sign advertiser’s hours of being open to the general public. The hotel is proposed to operate on a 24-hour seven day a week basis. It is likely the lighting of the sign will be visible from Camp Aldersgate’s property. The applicant has indicated the northern facing sign will be turned off during the overnight hours to comply with the typical businesses located on the out-parcels along Shackleford Road. The original approval limited the pole height of parking lot lighting to 30-feet. The site plan does include a note indicating the maximum pole height of parking lot lighting is to be 30-feet. A note also indicates all site lighting will be low level and directional, directed downward and into the site. The ordinance approving the PCD states in addition to the typical dumpster screening any dumpster or trash receptacle located in a highly visible area must also provide landscaping or earthen berms to soften the screening walls. The December 13, 2012 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-4923-L 9 applicant has not indicated a note on the site plan stating the required landscaping will be provided. Per the approved PCD the servicing of dumpsters is limited to daylight hours. The ordinance for a hotel development requires the placement of one parking space per guest room and an additional ten (10) percent of the total parking spaces required for developments larger than twenty rooms for employees and non-guest users patronizing meeting rooms, restaurants and other facilities. The development is proposed with 82 rooms. The applicant has indicated there will be an area for meeting room space, a business center, a fitness center and a lobby bar. Based on the typical ordinance standards a total of 90 parking spaces would be required to serve the hotel. The site plan is indicated with 84 parking spaces. Although the parking is less than the ordinance typically requires for a hotel development, staff does not feel the lesser number of parking spaces will adversely impact the development and is supportive of the parking as proposed. Staff is supportive of the request. With the approval of the PCD O-2, Office and Institutional District uses as well as the Conditional Uses within the O-2 Zoning District were approved for the “office” or this portion of the development. A hotel is an allowable Conditional Use within this classification. Staff feels the developer has done an adequate job in addressing the site plan issues and providing landscape strips and buffering in compliance with the originally approved PCD. To staff’s knowledge there are no remaining outstanding technical issues associated with the request provided the applicant remove the parking spaces backing into the entrance drive. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends approval of the perimeter landscape strips as indicated on the proposed site plan. Staff recommends the two (2) parking spaces backing into the entrance drive be removed. PLANNING COMMISSION ACTION: (DECEMBER 13, 2012) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of December 13, 2012 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-4923-L 10 the agenda staff report. Staff presented a recommendation of approval of the perimeter landscape strips as indicated on the proposed site plan. Staff also presented a recommendation the two (2) parking spaces backing into the entrance drive be removed. There was no further discussion of the item. The Chair entertained a motion for approval of the item as presented by staff on the Consent Agenda. The motion carried by a vote of 8 ayes, 0 noes and 3 absent. December 13, 2012 ITEM NO.: 4 FILE NO.: Z-5239-G NAME: Our House Short-form PD-O LOCATION: Located in the 300 Block of East 24th Street DEVELOPER: Our House, Inc. 302 E. Roosevelt Road Little Rock, AR 72206 ENGINEER: The Holloway Firm, Inc. 200 Casey Drive Maumelle, AR 72113 ARCHITECTS: Herron Hurton Architects, Inc. Jennifer Herron, AIA/Jeff Horton, AIA 1219 S. Spring Street Little Rock, AR 72202 AREA: 1.429 acres NUMBER OF LOTS: 1 lot FT. NEW STREET: 0 LF CURRENT ZONING: PCD ALLOWED USES: Hospital, Nursing Home, I-1 uses PROPOSED ZONING: PD-O PROPOSED USE: Multi-use/Our House, Administrative Offices, Children’s Programs VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: Ordinance No. 16,024 adopted by the Little Rock Board of Directors on March 19, 1991, approved a rezoning of the site from R-4 to PCD. The approval allowed the reuse of the “Old VA Medical Center”, located at 300 E. Roosevelt Road as a mixed use development. The overall campus consisted of five (5) Tracts. The PCD request December 13, 2012 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-5239-G 2 consisted of two (2) tracts of land with 8.99 acres in Tract 1 and 1.43 acres in Tract 5. The larger tract contained the main building, approximately 500,000 square feet and security building 3,488 square feet. Tract 5 contained two (2) buildings of 9,780 square feet and 7,600 square feet. The uses of the property were offices, mini-storage, clinics, record and document storage, cold storage, light manufacturing and other similar uses. It was determined during the public hearing process the approval included all I-1 listed enclosed uses. The access for Tract 1 was to be from Roosevelt Road with emergency access provided from all other access points. There was to be no industrial use within 100-feet measured in the horizontal plane, from any point of the building to the property line. There was a subsequent revision to the PCD to add a hospital and nursing home as an allowable use for the property excluding a psychiatric hospital and rehab use. The approval was by Ordinance No. 16,065 adopted by the Little Rock Board of Directors on July 16, 1991. Ordinance No. 17,508 adopted by the Little Rock Board of Directors on June 17, 1997, added apartments, teaching facility, and/or religious, charitable or philanthropic office coupled with all appurtenant usages associated therewith, in addition to usages previously approved. Both revisions appear to be associated with the larger tract which contains the hospital. A Conditional Use Permit was approved for Our House, which are located on Tract 2, 3 and 4, which is between Tracts 1 and 5. The approval was on October 24, 1996, and allowed the construction of a 20,000 square foot building which in conjunction with five other existing buildings on the site were to be used as transitional and emergency housing and other related services as provided by Our House. The property is zoned R-4. Our House was classified as a philanthropic/charitable organization. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The request is a rezoning from PCD to PD-O to allow the development of Tract 5 as identified above with a multi-use development to serve the clients of Our House. The cover letter indicates the site will contain a buildable footprint of 22,600 square feet. The development is proposed in multiple phases with a maximum building height of 55-feet. The building is proposed to house the Children’s Center which will include a childcare center, classrooms, to support a youth program, a multi-functional space with a kitchen, a donation center, staff offices and support spaces for the programs. The cover letter states it is possible some of the activities will be located on a second or third level which would allow for an initial smaller building footprint. Our House proposes a future Phase 2 which will incorporate additional administrative offices and meeting space, additional storage as well as rental and transitional housing on the site. Depending upon funding, Phase 2 will either be incorporated within the Children’s Center on second and third floors or will be an December 13, 2012 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-5239-G 3 addition to the Children’s Center located within the 22,600 square foot buildable area indicated on the site plan. Our House proposes abandoning the existing curb cut on East 24th Street as well as the asphalt paving on the property and proposes a new curb cut on East 24th Street with a circular drive, a covered entry to the building and eighteen (18) parking spaces. Due to the need for security for the residents at Our House, a security gate is proposed at the southern end of the parking area and will be closed at night. The building will have green/playground space adjacent to it in order to address required exterior playground spaced for the children. B. EXISTING CONDITIONS: The property is enclosed in a chain link fence and contains an abandoned non-residential building. South and west of the property is the existing Our House campus. Further west of the site is the former VA Hospital. North of the site are two (2) churches and east of the site is a former gas station which most recently sold pottery and is now owned by one of the churches and used for parking. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a few informational phone calls from area residents. All property owners located within 200 feet of the site, the Community Outreach Neighborhood Association, the East Little Rock Neighborhood Association and the Meadowbrook Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. 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). 2. Sidewalks with appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. 3. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 4. All driveways shall be concrete aprons per City Ordinance. December 13, 2012 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-5239-G 4 5. Stormwater detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Contact Little Rock Wastewater for any additional details. Entergy: A 30-foot overhead or 10-foot underground easement along East 24th Street is required by Entergy. Relocation of existing facilities will be at customer’s expense. Contact Entergy for additional information. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water regarding the size and location of the water meter. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. Contact Central Arkansas Water if additional fire protection or metered water service is required. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer’s expense. Due to the nature of the facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water requires that upon installation of the RPZ assembly, successful test of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by Central Arkansas Water. The test results must be sent to Central Arkansas Water’s Cross Connection Section within ten (10) days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Maintain access of at least twenty (20) feet; fire hydrants per Code. Contact Fire Marshall Tony Rhodes at 607-3560 with any questions. County Planning: No comment. CATA: The site is located within ¼-mile of CATA Routes #2, the South Main Route. December 13, 2012 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-5239-G 5 Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Central City Planning District. The Land Use Plan shows Mixed Office Commercial (MOC) for this property. The Mixed Office Commercial category provides for a mixture of office and commercial uses to occur. Acceptable uses are office or mixed office and commercial. A Planned Zoning District is required if the use is mixed office and commercial. The applicant has applied for a rezoning from PCD (Planned Commercial District) to PDO (Planned District Office) to allow for the development of a building for office/daycare and future residential use on the site. Master Street Plan: 23rd Street is a Local Street on the Master Street Plan. The primary function of a Local Street is to provide access to adjacent properties. Local Streets that are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. A Collector design standard is used for Commercial Streets. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes shown in the immediate vicinity. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. Same ownership to the south; therefore, no land use buffer is required. 3. Any/all new parking must comply with the City of Little Rock’s landscape and buffer ordinances. 4. A landscape plan will be required in conjunction with any new building renovation or construction. G. SUBDIVISION COMMITTEE COMMENT: (November 15, 2012) Mr. Jeff Horton was present representing the request. Staff presented an overview of the development stating there were few outstanding technical issues associated with the request. Staff questioned the dumpster placement, the proposed signage plan and details of the children’s center. Staff also stated all site lighting was to be low level and directional, directed downward and into the site. December 13, 2012 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-5239-G 6 Public Works comments were addressed. Staff stated a grading permit would be required with the site development. Staff also stated all driveways were to be concrete aprons. Staff stated the stormwater detention ordinance would apply to the redevelopment of the site. Staff stated the detention would be based on predevelopment runoff and post development runoff. Staff stated if the difference was small the applicant could provide an in-lieu payment for the stormwater detention. Landscaping comments were addressed. Staff stated buffering was not required to the south since this was the same ownership. Staff stated the new parking would require the placement of landscaping to comply with Chapter 15, the Landscape Ordinance. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing a number of the issues raised at the November 15, 2012, Subdivision Committee meeting. The revised plan and/or cover letter indicates the proposed signage plan, the dumpster placement, and a note indicates detention will be provided per ordinance requirements. The new building will use dumpsters on the existing Our House Campus. The hours of dumpster services are limited to daylight hours. Should additional dumpsters be needed for this site the dumpster placement will be mindful of the abutting properties and uses and all facilities will be screened per typical ordinance requirements. The applicant has indicated the development will take place in multiple phases. The applicant has indicated there is not a definite time frame for completion of the project. The development includes a buildable footprint of 22,600 square feet. The maximum building height proposed is 55-feet. The first phase is a building to house the Children’s Center which will include a childcare center, classrooms, to support a youth program, a multi-functional space with a kitchen, a donation center, staff offices and support spaces for the programs. The applicant has indicated the building may contain a second and or third level in the initial phase which will allow for a smaller building footprint. December 13, 2012 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-5239-G 7 Our House proposes a future Phase 2 which will incorporate additional administrative offices and meeting space, additional storage as well as rental and transitional housing on the site. Depending upon funding, Phase 2 will either be incorporated within the Children’s Center on second and third floors or will be an addition to the Children’s Center located within the 22,600 square foot buildable area indicated on the site plan. The applicant has indicated the Children’s center will serve the children of Our House client’s but not all the youth served will be residents of Our House’s housing programs. The applicant states Our House currently serves a number of non-resident children, formerly homeless children, children from low-income families and children from the local community. The new Children’s Center will expand the current services provided to youth. The services to be provided include homework assistance, tutoring, cultural enhancement activities, hands-on learning activities, physical fitness and recreation, community service, speech therapy, counseling and health programs. The services will be provided from 7:00 am to 6:00 pm, Monday through Friday with an occasional evening or weekend program. The building will have green/playground space adjacent to it in order to address required exterior playground spaced for the children. The development proposes abandoning the existing curb cut on East 24th Street as well as the asphalt paving on the property. A new curb cut on East 24th Street with a circular drive, a covered entry to the building and eighteen (18) parking spaces will be developed. According to the applicant due to the need for security for the residents at Our House, a security gate is proposed at the southern end of the parking area and will be closed at night. The request is rezoning from an expired PCD to PD-O to allow the redevelopment of this site to provide a new structure for the Youth Services program of Our House. Funding for the redevelopment of the site is based on pelages and fund raisers by Our House. Although the building has not been designed the applicant has provided an overall development plan including maximum buildable areas and building heights. Staff is supportive of the request. Staff feels the redevelopment of the site to serve the youth services programs offered by Our House will be a benefit to the neighborhood and the future phases for redevelopment of this site with additional office space, residential, retail and/or meeting space will not adversely impact the area. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. December 13, 2012 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-5239-G 8 PLANNING COMMISSION ACTION: (DECEMBER 13, 2012) The applicant was present. There were no registered objectors present. Staff stated the request included the placement of signage on the front of the building which was located without public street frontage in addition to signage on the façade of the building fronting East 24th Street. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. There was no further discussion of the item. The Chair entertained a motion for approval of the item as presented by staff on the Consent Agenda. The motion carried by a vote of 8 ayes, 0 noes and 3 absent. December 13, 2012 ITEM NO.: 5 FILE NO.: Z-6975-A NAME: Bishop Place Long-form PD-R LOCATION: Located in the 19100 Block of Cantrell Road DEVELOPER: Bishop Place LLC 2414 North Grant Street Little Rock, AR 72207 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 8.65 acres NUMBER OF LOTS: 44 lot FT. NEW STREET: 1,320 LF CURRENT ZONING: R-2, Single-family ALLOWED USES: Single-family residential PROPOSED ZONING: PD-R PROPOSED USE: Single-family – Court Homes VARIANCES/WAIVERS REQUESTED: 1. A variance from the City’s Land Alteration Ordinance to allow grading of the entire site with the placement of the streets, water and sewer. 2. A waiver of the required sidewalk construction on the internal street. 3. A variance from the Master Street Plan to allow the construction of a Minor Residential Street to serve the subdivision. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The property contains 8.4 acres on the south side of Highway 10 just east of the Bible Church. The developer has the property under contact from the Church and has agreed upon several easements to help facilitate the development. The project will contain 44 lots that are 50-feet by 115-feet deep. Homes will be detached and similar in size and architecture to The Gardens at Valley Falls December 13, 2012 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-6975-A 2 development. The homes will be approximately 1,700 to 2,100 square feet in size with a sales price ranging from $240,000 to $270,000. The homes will be all brick with architectural shingled roofs. The project will have a decorative brick wall along the Highway 10 frontage with columns and wall signage to accent the entry. Stormwater detention will be provided for above ground at the northeast corner of the property. The existing draw from the south will be routed along the west side of the development to Highway 10. B. EXISTING CONDITIONS: The property is located east of the existing church campus and is undeveloped. South of the site is the Aberdeen Subdivision and north of the site is the Little Rock Christian Academy school campus. West of the site on the south side of Cantrell Road is a big box retail store and north of Cantrell Road at the intersection of Chenal Parkway and Cantrell Road is a convenience store and a mini-warehouse development. In this area there are a number of single-family homes fronting Cantrell Road which are located on large lots or acreage. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a few informational phone calls from area residents. All property owners located within 200 feet of the site, the Coalition of West Little Rock Neighborhoods, the Duqesne Place Property Owners Association and the Aberdeen Court Property Owners Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to Cantrell Road including 5-foot sidewalk with the planned development. 2. Bishop Place Cove should be constructed as a 26 foot residential street with sidewalk on one side due to being more than 40 lots. 3. If Bishop Place Cove is approved as a 24 foot street, show the portion of the street where parking is restricted. 4. The proposed ditch should be placed in a Tract. 5. No fences shall be constructed beyond property lines. December 13, 2012 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-6975-A 3 6. If disturbed area is one (1) or more acres, obtain a NPDES stormwater permit from the Arkansas Department of Environmental Quality prior to the start of construction. 7. Chapter 5, Section 503.2 of the International Fire Code states the secondary emergency access shall have an unobstructed width of not less than 20 feet wide and surfaced with all-weather driving capabilities. 8. 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). 9. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. 10. 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 request to advanced grade the entire subdivision. Show phasing plan. 11. Street Improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to 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 (Greg Simmons) for more information. 13. Vegetation must be established on disturbed area within 14-days of completion of harvest activities. 14. Erosion controls must be installed to reduce discharge of polluted stormwater. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required with easements for this project. Contact Little Rock Wastewater for additional information. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. December 13, 2012 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-6975-A 4 Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. A water main extension will be needed to provide water service to this property. A Capital Investment Charge is applicable to all connections and main extensions off the waterline along Highway 10. Please submit plans for water facilities to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities. Approval of plans by Central Arkansas Water, the Arkansas Department of Health Engineering Division and the Little Rock Fire Department is required. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. Additional fire hydrant (s) 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). A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. Fire Department: Maintain access of at least twenty (20) feet; fire hydrants per Code. Contact Fire Marshall Tony Rhodes at 607-3560 with any questions. County Planning: No comment. CATA: The development site is located along CATA Route #25, the Pinnacle Mountain Express which runs along Cantrell Road adjacent to this site. The route operates during the AM and PM peak hours. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Chenal Planning District. The Land Use Plan shows Residential Low Density (RL) for this property. Residential Low Density is for single-family homes at densities no greater than six dwelling units per acre. The applicant has applied for a rezoning from R-2 (Single-Family Residential) to PDR (Planned Development Residential) to allow for the construction of single-family homes on this site at a density of approximately 5.1 units per acre. The site is within the Highway 10 Design Overlay District which requires certain design and use elements. Master Street Plan: Cantrell Road is shown as a Principal Arterial on the Master Street Plan. A Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within the urbanized area. Entrances and December 13, 2012 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-6975-A 5 exits should be limited to minimize negative effects of traffic and pedestrians on Cantrell Road. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class I Bike Path is shown along Cantrell Road. A Bike Path is to be a paved path physically separate for the use of bicycles. Additional right-of- way or an easement is recommended. Nine-foot paths are recommended to allow for pedestrian use as well (replacing the sidewalk). Landscape: No comment on this single-family development. G. SUBDIVISION COMMITTEE COMMENT: (November 15, 2012) Mr. Joe White of White-Daters and Associates was present representing the request. Staff presented the item stating there were few outstanding technical issues associated with the request. Staff questioned if accessory structures would be allowed and if the building setback on the rear pertained to accessory structure setbacks as well as the principal structure. Staff questioned if there would be a subdivision identification sign for the development. Staff also questioned the proposed construction materials for the new homes. Public Works comments were addressed. Staff stated the request to not place the required sidewalk would require a variance. Staff stated the development was proposed with a Minor Residential Street width of 24-feet. Staff stated the street construction would require a variance and parking would be restricted to one side. Staff requested Mr. White provide the street side where the no parking would be located. Staff stated a grading permit would be required prior to construction. Staff also stated the drainage easement located along the eastern perimeter should be located within a tract. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing issues raised at the November 15, 2012, Subdivision Committee meeting. The applicant has indicated accessory structures and fencing per the typical R-2, Single-family Zoning District is being requested. The applicant has also indicated the rear building line pertains to the home and not to accessory structures. The applicant has indicated the drainage easement located along the western perimeter will be platted as a tract. December 13, 2012 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-6975-A 6 The development is proposed with a front yard setback of 15-feet, a rear yard setback of 20-feet and 5-foot side yard setbacks. The project is proposed containing 44-lots that are 50-feet by 115-feet. The applicant has indicated an average lot size of 5,750 square feet. The homes are proposed with a maximum building height of 35-feet. The homes are proposed containing 1,700 to 2,100 square feet with a sales price ranging from $240,000 to $270,000. The homes are proposed with brick exteriors and architectural shingled roofs. A decorative brick wall along the Highway 10 frontage with columns and wall signage to accent the entry is proposed. The wall is proposed with a maximum height of six (6) feet with columns not to exceed eight (8) feet. The sign will be placed on the face of the wall on each side of the new street at the entrance on Cantrell Road. The maximum sign area proposed is 32 square feet. Stormwater detention will be provided for above ground at the northeast corner of the property. The existing draw from the south will be routed along the west side of the development to Highway 10. The channel will be grass lined and will be platted as a tract to be used as a drainage and utility easement. The applicant is requesting a waiver of the required sidewalk construction for Bishop Place Cove. Sidewalks will be installed per the Master Street Plan along Cantrell Road. The request also includes a waiver of the required street construction for the interior street. Per the Master Street Plan, Local Streets require a minimum pavement width is 26-feet and sidewalks are required on one side of the street. The applicant is proposing the placement of 24-feet of pavement with a no parking restriction on the west side. This street design is typical of a minor residential street which typically serves a maximum of 40-lots on a cul-de-sac and does not require the placement of sidewalks. Staff is supportive of allowing the 24-foot street with the sidewalk. Staff feels the sidewalk should be installed to allow safe pedestrian connectivity and access. Staff is generally supportive of the request but not of the waiver request for the placement of the sidewalk to serve the development. Staff feels the walk should be installed to allow the residents an option when walking. Otherwise to staff’s knowledge there are no outstanding technical issues associated with the request. I. STAFF RECOMMENDATION: Staff recommends denial of the request as filed. December 13, 2012 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-6975-A 7 PLANNING COMMISSION ACTION: (DECEMBER 13, 2012) Mr. Joe White and M. Boyce Holmes were present representing the request. There were registered objectors present. Staff presented the items stating the applicant has resolved their concerns related to the placement of the sidewalk within the subdivision. Staff stated they were now supportive of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Ms. Mary Finch addressed the Commission with concerns for the proposed development. She stated her home was located next to the proposed development site. She stated the proposed detention area was located adjacent to her property line. She stated during the rain in the spring of 2011 water was under her home and she spent a great deal of money recovering from the flooding. She stated she was overwhelmed by the number of homes. She stated she felt the number of units was too great for the site. Ms. Angie Heifner, President of the Aberdeen Neighborhood Association was present representing the neighborhood. She stated the neighborhood had significant drainage problems and questioned if the development of the site would add to the existing drainage problems of Aberdeen. She stated the neighborhood’s detention pond and drainage channel had not been cleaned and was overgrown. She stated the neighborhood could not get the equipment needed into the detention pond area to clear the area because the existing easement was too small to allow for the proper equipment. She stated the estimated cost to clear the detention pond area was $20,000 to $60,000. Ms. Nancy Smith addressed the Commission with concerns. She stated her home was located adjacent to the easement which allowed access to the detention area. She stated on a number of occasions she and her neighbor had cleared the drainage channel and cleared the outlets from the neighborhood into the drainage channel. She stated there were six drains and only one was working. She stated in the spring rain of 2011 her fence was washed away as well as the bank of the drainage channel. She stated the City had allowed the television towers to be developed on the mountain and had allowed Entergy to remove the trees from the easement near Wal-mart which had removed a number of trees leaving only rock and barren soil. She stated she was unclear how the City’s storm drain could drain into the detention pond and the City hold no responsibility for clearing and maintaining the detention area. She stated the City should require the developer to provide an access to the detention pond to allow for proper maintenance. Ms. Carolyn Dodds addressed the Commission with concerns. She stated her home was located on Maywood Drive which was east of the proposed development area. She stated she had concerns with drainage, the number of homes and traffic. She stated she had lived in the area for 38 years and did not feel the placement of 44 homes December 13, 2012 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-6975-A 8 would be pleasing. She stated fewer homes would better resemble the development pattern of the area. She stated there should be less concrete and more dirt. Mr. Joe White of White-Daters and Associates addressed the Commission as the project engineer. He stated the Aberdeen Subdivision was developed with a retaining wall which allowed low flows to drain through the wall and heavy rains to top the wall. He stated the new development would “pick-up” the water and drain the water to the north and then east which now traveled to the northeast across the proposed development site. He stated with the new subdivision the City would be granted an easement which would allow Aberdeen to access their detention area. He stated with the proposed new development the contractor for the new subdivision could easily clear the drainage channel and detention pond and Mr. Homes would work with the Subdivision to get a better price. He stated the spring rain of 2011 topped the 500 year flood levels. He stated water crossed a number of City streets and a number of homes had water not only under the homes but on the floor as well. He stated the new drainage channel would be a vegetated channel which would slow the water. There was a general discussion between the Commission, Mr. White and the area property owners concerning the existing drainage and the proposed drainage with the new development. There was also a question as to the proposed buffer or screening along the eastern property line. Mr. Holmes stated a six foot wood fence would be placed along the perimeters of the development and a brick wall would be constructed along Cantrell Road. He stated the homes would sell between $135 to $140 per square foot. He stated the development would save as many trees as feasible but a number of the trees would be removed. There was no further discussion of the item. The Chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 6 ayes, 0 noes and 5 absent. December 13, 2012 ITEM NO.: 6 FILE NO.: Z-8407-A NAME: Dowler Properties Short-form PCD LOCATION: Located at 4201 Baseline Road DEVELOPER: Ron and Donna Dowler 4201 Baseline Road Little Rock, AR 72209 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 TOTAL SITE AREA: 2.1 acres NUMBER OF LOTS: 2 FT. NEW STREET: 0 LF REZONING AREA: 1.15 acres CURRENT ZONING: PCD - Expired ALLOWED USES: Office, Warehouse and Light Fabrication PROPOSED ZONING: PCD PROPOSED USE: Office, Warehouse and Light Fabrication and Selected C-3 uses VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: Ordinance No. 20,057 adopted by the Little Rock Board of Directors on December 2, 2008, rezoned this property from R-2, Single-family to PCD. The applicant proposed to subdivide this 2.15 acre tact into two (2) lots and to rezone the resulting northern 1.15 acre lot to PCD. The southern lot remained zoned R-2, Single-family. The owners proposed the construction of a new 10,000 square foot office warehouse building and 10 parking spaces. The owners proposed to use the building for light fabrication of automobile parts. The parts would be assembled and warehoused at this facility until delivery or pickup. There would be no retail activity taking place at this site. December 13, 2012 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-8407-A 2 A perimeter fence was to be installed on the site for security. Security lighting would also be installed. The site plan indicated the placement of ten parking spaces within the front yard area and a loading dock along the western façade of the building. A pylon sign was proposed located near the entrance drive. The hours of operation were from 8 am to 5 pm, Monday through Friday. The development was proposed with two lots. Lot 8A fronted on Baseline Road and would be developed with the office warehouse use. Lot 8B fronted Bruno Road and would remain zoned R-2, Single-family. Per Section 36-454(e) “the applicant shall have three years from the date of passage of the ordinance approving the preliminary approval to submit the final development plan”. The applicant did not request a time extension as allowed in the PZD section of the ordinance, therefore the approval time has expired. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: As noted, the previously approved PCD has expired and the applicant is requesting to reinstate the approval. The development is the same development approved in 2008. The construction will consist of a 10,000 square foot office warehouse building and 10 parking spaces. There will be a loading dock along the western side of the building. The approval will allow the development of two (2) lots. The lot adjacent to Baseline Road will be rezoned to PCD. The southern lot abutting Bruno Road will remain zoned R-2, Single-family. The applicant is requesting to only final plat the lot fronting Baseline Road at this time. The final platting of the lot fronting Bruno Road will occur when the area is developed. B. EXISTING CONDITIONS: The site contains an office building which appears to be vacant. East of the site is a property zoned PD-C which is a welding shop and further east are additional commercial uses. North of the site is vacant O-3, General Office District zoned property. East and south east of the property are a number of manufactured homes. The area proposed as Lot 8B is currently vacant. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a few informational phone calls from area residents. All property owners located within 200 feet of the site, the Upper Baseline Neighborhood Association and Southwest Little Rock United for December 13, 2012 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-8407-A 3 Progress were notified of the public hearing. Upper Baseline Neighborhood Association called staff and indicated support of the request. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Bruno Road 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. With site development, provide the design of the street conforming to the Master Street Plan. Construct one-half street improvement to Bruno Road including 5-foot sidewalk with the planned development. Deferrals for one- half street improvements are no longer available for developers. 3. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 4. Remove the west driveway apron on Baseline Road and reinstall curb and gutter 5. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. 6. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). 7. Stormwater detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. 8. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 9. If disturbed area is one (1) or more acres, obtain a NPDES stormwater permit from the Arkansas Department of Environmental Quality prior to the start of construction. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Contact Little Rock Wastewater for additional details. Entergy: Approved as submitted. Center-Point Energy: No comment received. December 13, 2012 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-8407-A 4 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 meters. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. Contact Central Arkansas Water if additional fire protection or metered water service is required. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer’s expense. Due to the nature of the facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water requires that upon installation of the RPZ assembly, successful test of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by Central Arkansas Water. The test results must be sent to Central Arkansas Water’s Cross Connection Section within ten (10) days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Maintain access of at least twenty (20) feet; fire hydrants per Code. Contact Fire Marshall Tony Rhodes at 607-3560 with any questions. County Planning: No comment. CATA: The property is located directly adjacent to CATA Route #15, the 65th Street Route, located along Baseline Road and will be served in 2013 by Bus Route #23, the Baseline/Southwest Route. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Geyer Springs East Planning District. The Land Use Plan shows Commercial (C) for this property. The Commercial category includes a broad range of retail and wholesale sales of products, personal and professional services, and general business activities. Commercial activities vary in type and scale, depending on the trade area that they serve. The applicant has applied for a rezoning to re-establish the previously approved PCD (Planned Commercial District) to develop a light fabrication manufacturing facility on the site. December 13, 2012 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-8407-A 5 Master Street Plan: Baseline Road is shown as a Principal Arterial on the Master Street Plan. A Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Baseline Road. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class II Bike Lane is shown along Baseline Road. Bike Lanes provide a portion of the pavement for the sole use of bicycles. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. The zoning ordinance requires a fourteen (14’) foot land use buffer along the southern property line next to the residentially zoned property. Seventy percent (70%) of this buffer is to remain undisturbed. 3. The zoning buffer ordinance requires an average fourteen (14’) foot wide street buffer along Baseline Road; and is in no case to be less than half. The site appears to meet this minimal requirement. 4. The zoning ordinance requires a twelve foot (12’) land use buffer along the western perimeter of the site next to the residentially zoned property. Seventy percent (70%) of this area is to remain undisturbed. 5. A six foot high opaque screen, either a wooden fence with its face side directed outward, a wall or dense evergreen planting, is also required along the southern and western property lines next to the residentially zoned property. The dense evergreen plantings may suffice for screening, in that, it must screen year around. 6. A controlled automatic irrigation system is required for all new landscaped areas. 7. Prior to the issuance of a building permit, it will be necessary to provide landscape plans stamped with the seal of a Registered Landscape Architect. 8. The City Beautiful Commission recommends preserving as many existing trees as feasible on this tree covered site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (November 15, 2012) Mr. Joe White of White-Daters and Associates was present. Staff presented an overview of the development stating the site was previously approved for a PCD to allow development of an office/warehouse use but the PCD approval had December 13, 2012 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-8407-A 6 expired. Staff stated the applicant was seeking to reinstate the previous approval. Staff noted the comments provided were similar to comments in the original approval. Public Works comments were addressed. Staff stated deferrals of required street improvements were no longer accepted. Staff stated the required improvements to Bruno Road would be required at the time of final platting of Lot 8B. Staff stated the western driveway on Baseline road was to be removed. Staff also stated a grading permit would be required prior to beginning construction. Landscaping comments were addressed. Staff stated a land use buffer was required along the southern and western perimeters of the site. Staff stated screening would also be required in this area. Staff stated a street buffer of 14-feet wide was required along Baseline Road. Staff stated a landscape plan was required at the time of building permit submission. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing the issues raised at the November 15, 2012, Subdivision Committee meeting. The request is to reinstate the previously approved but expired PCD for this site. The applicant has indicated Lot 8B abutting Bruno Road will not be final platted at this time and at the time of final platting and development of Lot 8B the improvements to Bruno Road will be installed. The plan indicates the placement of a single ground mounted sign along Baseline Road. The sign is proposed with a maximum sign height of 36-feet and a maximum sign area of 160 square feet. Building signage is proposed consistent with signage allowed in commercial zones or a maximum of ten percent of the façade area. The use of the property is for light fabrication including warehousing. The alternative uses for the site include office warehouse the uses identified in the C-3, General Commercial Zoning District; excluding Amusement, commercial, inside, Bar, lounge or tavern, Cigar, tobacco and candy store, Convenience food store with gas pumps and Pawn shop. December 13, 2012 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-8407-A 7 The parking requirement for a light manufacturing, processing and wholesaling facility is one space per 600 gross square feet of floor area. The building is proposed to contain 10,000 square feet with 10 parking spaces. The parking ordinance would typically require the placement of 16 parking spaces to serve the use. The owners have indicated there is little to no customer traffic and there are only eight employees of the business. The site plan indicates areas for additional parking should the need arise in the future for additional spaces. A loading dock is proposed along the western façade of the building. The site plan indicates the placement of landscaping and screening as required by the landscape and buffer ordinances. A screening fence will be installed along the western perimeter. Along the southern perimeter, a chain link fence will be installed and the screening requirement will be met by providing dense evergreen vegetation in this area. The development is proposed with two lots. Lot 8A will front on Baseline Road and will be developed with the office warehouse use. Lot 8B will front Bruno Road and will remain zoned R-2, Single-family. The improvements per the Master Street Plan have been complete to Baseline Road. The area along Bruno Road will remain as residential and no access to the road is planned with the commercial activity. The improvements to Bruno Road will be competed upon final platting of this lot. Staff is supportive of the request to reinstate the previously approved PCD. The request will allow a 2.15 acre lot to be subdivided into two (2) lots. The northern 1.15 acre lot will be rezoned to PCD. The development is proposed with the construction of a new building with 10,000 square feet. The building will be used for light fabrication of automobile parts. The automobile parts will be assembled and warehoused at this facility. No retail activity associated with this business will be taking place at this site. The request also includes the allowance of C-3, General Commercial Zoning District; excluding Amusement, commercial, inside, Bar, lounge or tavern, Cigar, tobacco and candy store, Convenience food store with gas pumps and Pawn shop as allowable uses. Staff recommends any alternate use of the property match the parking available on-site based on the typical parking requirements of the Zoning Ordinance. To staff’s knowledge there are no outstanding technical issues associated with the request. Staff feels the development of the site will have minimal impact on the area. I. STAFF RECOMMENDATION: Staff recommends approval of the request to reinstate the previously approved PCD subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. December 13, 2012 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-8407-A 8 Staff recommends any alternate use of the property match the parking available on-site based on the typical parking requirements of the Zoning Ordinance. PLANNING COMMISSION ACTION: (DECEMBER 13, 2012) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request to reinstate the previously approved PCD 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 any alternate use of the property match the parking available on-site based on the typical parking requirements of the Zoning Ordinance. There was no further discussion of the item. The Chair entertained a motion for approval of the item as presented by staff on the Consent Agenda. The motion carried by a vote of 8 ayes, 0 noes and 3 absent. December 13, 2012 ITEM NO.: 7 FILE NO.: Z-8708-B NAME: 5700 Patterson Short-form PID LOCATION: Located at 5700 Patterson Road DEVELOPER: Jeanie Barron 3822 Doral Drive Little Rock, AR 72212 SURVEYOR: Global Surveying Consultants, Inc. 6511 Heilman Court North Little Rock, AR 72113 AREA: 1.37 acres NUMBER OF LOTS: 1 lot FT. NEW STREET: 0 LF CURRENT ZONING: I-2, Light Industrial with a CUP for Barber/Beauty Salon ALLOWED USES: Industrial PROPOSED ZONING: PID PROPOSED USE: I-2, Light Industrial and C-3, General Commercial District uses Excluding bar, tavern or lounge or beverage shop VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: A Conditional Use permit was approved by the Little Rock Planning Commission on November 11, 2011, to allow a barber/beauty salon within the building along the northern portion of the property. A second Conditional Use Permit was approved by the Little Rock Planning Commission on October 11, 2012, to add a second barber/beauty salon to the site. At the time of the October approval staff suggested the applicant consider rezoning the property to a PID to add additional service type uses as allowable uses for the building. December 13, 2012 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-8708-B 2 A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is requesting to rezone the property from I-2, Light Industrial to PID to add C-3, General Commercial District uses, excluding bar, tavern or lounge or beverage shop, as allowable uses for the site while retaining the allowed I-2, Light Industrial uses. There are no changes proposed to the exterior of the building or the existing parking layout. The site contains 87, concrete-paved parking spaces with access off of Patterson Road and Hoffman Road. The building contains 29,375 square feet of gross floor area which is divided into 13-bays. B. EXISTING CONDITIONS: Zoning in the surrounding area is almost exclusively Industrial, I-2 and I-3. Uses are varied; including warehousing, light manufacturing, wholesaling and auto related uses. The building is divided into 13-bays with a mixture of uses. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a few informational phone calls from area residents. All property owners located within 200 feet of the site, the Upper Baseline Neighborhood Association and Southwest Little Rock United for Progress were notified of the public hearing. Upper Baseline Neighborhood Association called staff and stated they were in support of the request. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Due to the proposed use of the property, the Master Street Plan specifies that Hoffman Road for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30-feet from centerline. 2. A 20-foot radial dedication of right-of-way is required at the intersection of Patterson Road and Hoffman Road. 3. Obtain a franchise agreement from Public Works (Bennie Nicolo, 371-4818) for the private improvements located in the right-of-way. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Contact Little Rock Wastewater for additional information. December 13, 2012 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-8708-B 3 Entergy: Approved as submitted. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water regarding the size and location of the water meters. A Capital Investment Charge based on the size of meter connections will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. Contact Central Arkansas Water if additional fire protection or metered water service is required. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer’s expense. Due to the nature of the facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water requires that upon installation of the RPZ assembly, successful test of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by Central Arkansas Water. The test results must be sent to Central Arkansas Water’s Cross Connection Section within ten (10) days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Maintain access of at least twenty (20) feet; fire hydrants per Code. Contact Fire Marshall Tony Rhodes at 607-3560 with any questions. County Planning: No comment. CATA: The property is located within ¼-mile of CATA Route #15, the 65th Street Route. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the 65th Street East Planning District. The Land Use Plan shows Service Trades District (STD) for this property. The Service Trades District provides for a selection of office, December 13, 2012 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-8708-B 4 warehousing, and industrial park activities that primarily serve other office service or industrial businesses. The district is intended to allow support services to these businesses and to provide for uses with an office component. A Planned Zoning District is required for any development not wholly office. The applicant has applied for a rezoning from I-2 (Light Industrial District) to PID (Planned Industrial District) to allow for commercial and industrial uses in the existing structure on this site. Master Street Plan: Patterson Road is a Collector on the Master Street Plan. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There is a Class III Bike Route shown along Patterson Road. Bike Routes require no additional right-of-way or pavement markings, but signage to identify and direct the route is required. Landscape: 1. Future redevelopment of the site may require additional landscaping to be installed. G. SUBDIVISION COMMITTEE COMMENT: (November 15, 2012) Ms. Jeanie Barron was present representing the request. Staff stated there were few outstanding technical issues associated with the request. Staff stated the use of the bays would need to match the available parking on the site. Staff also stated a couple of the uses could cause concern of the neighbors. Staff stated the C-3, General Commercial Zoning District allowed for a bar, tavern or lounge and a beverage shop. Ms. Barron stated she would revise her request to eliminate uses which sold alcoholic beverages with the exception of a restaurant which might include bar service. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised cover letter to staff eliminating bar, lounge or tavern and a beverage shop from the allowed C-3, General Commercial District uses for the site. The request is a rezoning the property from I-2, Light Industrial December 13, 2012 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-8708-B 5 to PID to add C-3, General Commercial District uses as allowable uses for the site while retaining the allowed I-2, Light Industrial uses. There are no changes proposed to the exterior of the building or the existing parking layout. The site contains 87 parking spaces with access off of Patterson Road and Hoffman Road. The building contains 29,375 square feet of gross floor area which is divided into 13-bays. Per the typical ordinance standard parking for a retail center (based on one parking space per 300 gross square feet of floor area) would result in 97 required parking spaces. Staff is supportive of allowing the requested commercial uses with the reduced number of parking spaces provided the use mix in the building matches the parking available on the site. Staff is supportive of the requested rezoning from I-2, Light Industrial District to PID to add C-3, General Commercial District uses excluding bar, lounge or tavern and beverage shop as allowable uses to the site. Otherwise to staff’s knowledge there are no remaining outstanding technical issues associated with the request. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends the use mix of the property match the parking available on-site based on the typical parking requirements of the Zoning Ordinance PLANNING COMMISSION ACTION: (DECEMBER 13, 2012) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff presented a recommendation the use mix of the property match the parking available on-site based on the typical parking requirements of the Zoning Ordinance. There was no further discussion of the item. The Chair entertained a motion for approval of the item as presented by staff on the Consent Agenda. The motion carried by a vote of 8 ayes, 0 noes and 3 absent. December 13, 2012 ITEM NO.: 8 FILE NO.: Z-8717-A NAME: Williams Short-form PD-R LOCATION: Located at 401 Steven Drive DEVELOPER: Ethylene Williams 53 King Park Drive Little Rock, AR 72227 SURVEYOR: Donald Brooks Surveying 20820 Arch Street Pike Hensley, AR 72065 AREA: 0.27 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: Two-family VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: On November 17, 2011, the Little Rock Planning Commission denied a request to allow the rezoning of this site from R-2, Single-family to PD-R, Planned Development Residential, to allow the conversion of this existing single-family structure into a two-family unit. The structure is two-story with the lower level being a walk-out basement. The applicant proposed to allow one unit upstairs utilizing the existing carport and parking pad. A new drive was proposed on Brooks Lane to allow parking for the lower level. The request included the allowance of separate meters to serve the two units. December 13, 2012 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-8717-A 2 A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The Little Rock Planning Commission’s By-laws allow a denied application to be re-filed after one year from the date of denial. The year has passed and the applicant is now requesting the Commission recommend approval of the same application as denied on November 17, 2011. The applicant is seeking approval for the rezoning of the property from R-2, Single-family to PD-R to allow the conversion of the home into two-family. The structure is a two-story structure with the lower level being a walk-out basement. The applicant is proposing to allow one unit within the upstairs area and the second unit on the lower level. A revision to the site plan from the original application has been made. The former site plan indicated the parking pad for the second unit off Brooks Drive. The applicant is now proposing the parking pad for the second unit on Steven Drive. B. EXISTING CONDITIONS: The home is located on a large corner lot located at the end of Steven Drive. Steven Drive dead-ends into a wooded area. This area is virtually all single- family with the exception of the commercial/office area located several blocks to the south along West Markham Street. North of the site are State offices including the Game and Fish, the State Plant Board and the State Crime Lab which are accessed from Natural Resource Drive. Along West Markham Street on Ellis Drive, which is the entrance to this subdivision, there is a church, and a condominium development. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a few informational phone calls from area residents. All property owners located within 200 feet of the site and the Treasure Hill Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: No comment. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Contact Little Rock Wastewater for additional information. Entergy: No structure can be built within 10-feet of the energized conductor. Contact Entergy for additional information. December 13, 2012 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-8717-A 3 Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water regarding the size and location of the water meters. 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 off the private fire system. Due to the nature of the facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water requires that upon installation of the RPZ assembly, successful test of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by Central Arkansas Water. The test results must be sent to Central Arkansas Water’s Cross Connection Section within ten (10) days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Maintain access of at least twenty (20) feet; fire hydrants per Code. Contact Fire Marshall Tony Rhodes at 607-3560 with any questions. County Planning: No comment. CATA: The property is located about ¼-mile from CATA Route #5, the West Markham Route, which is located south of the site along West Markham Street. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Rodney Parham Planning District. The Land Use Plan shows Residential Low Density (RL) for this property. Residential Low Density is for single-family homes at densities no greater than six dwelling units per acre. The applicant has applied for a rezoning from R-2 (Single Family District) to PDR (Planned District Residential) to allow for conversion of the existing structure from a single-family house to a duplex. Master Street Plan: Stephens Drive and Brooks Lane are both Local Streets on the Master Street Plan. The primary function of a Local Street is to provide access to adjacent properties. Local Streets that are abutted by non-residential December 13, 2012 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-8717-A 4 zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. A Collector design standard is used for Commercial Streets. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes shown in the immediate vicinity. Landscape: No comment on this two (2) family development. G. SUBDIVISION COMMITTEE COMMENT: (November 15, 2012) Ms. Williams was present representing the request. Staff presented an overview of the request stating there were no outstanding technical issues associated with the request. Staff stated the Planning Commission had denied a request to allow the conversion of the structure into a two-family dwelling in November of 2011. Staff stated the Commission’s By-laws allowed a property owner to refile an application one-year after a denial request. Staff noted the plan was different than the previous plan in that the parking pad for the lower unit was now located along Steven Drive. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: There were no outstanding issues raised at the November 15, 2012, Subdivision Committee meeting in need of addressing via a revised site plan. The request is a rezoning from R-2, Single-family to PD-R, Planned Development Residential, to allow the conversion of an existing single-family structure into a two-family residence. The structure is a two-story structure with the lower level being a walk-out basement. The applicant is proposing to remodel the home for one unit upstairs utilizing the existing carport and parking pad. The second unit will be in the lower level. A new 20-foot drive is proposed from Steven Drive to allow parking for the lower level. The request includes the allowance of separate meters to serve the two units. The applicant has indicated there will be very few exterior modifications to the structure and the site. A four (4) foot fence will be placed along the western edge of the home near the front corner extending to the north property line to separate the yard areas for the two (2) units. December 13, 2012 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-8717-A 5 As with the original application staff continues to not support the request. The area is predominately single-family with the multi-family and non-residential uses located along West Markham Street. Although to the north of this site is an office complex, the neighborhood has a large wooded screening buffer between the homes and the office use and the office complex is not accessed through this neighborhood. The Bill of Assurance for the Santa Fe Park Addition is still valid and includes the following statement: All lots shall be used for residential property only, with exception of Lot 110 which may be used for a retail business establishment or service activities. There appears to be no distinction regarding the type of residential. I. STAFF RECOMMENDATION: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (DECEMBER 13, 2012) The applicant was present. There were registered objectors present. The Chair stated there were seven Commissioners present to hear the item. The Chair stated when there were eight or fewer Commissioners the Commission’s policy was to allow the applicant the option of deferral to a later hearing date. The Chair questioned the applicant if she desired to move forward with the item or if she desired to defer the item to the January 24, 2013, public hearing. Ms. Williams stated she desired to defer the item. There was no further discussion of the item. The Chair entertained a motion for approval of the deferral request. The motion carried by a vote of 7 ayes, 0 noes and 4 absent. December 13, 2012 ITEM NO.: 9 FILE NO.: Z-8814 NAME: Green Design Construction Company Short-form PD-R LOCATION: Located on the northwest corner of 18th Street and Wilson Road DEVELOPER: Green Design and Construction Company 237 HWY 286E Conway, AR 72032 ENGINEER: West Land Surveying 420 A HWY 287 Vilonia, AR AREA: 0.97 acres NUMBER OF LOTS: 3 lots FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family ALLOWED USES: Single-family PROPOSED ZONING: PD-R PROPOSED USE: 3 buildings of duplex housing VARIANCES/WAIVERS REQUESTED: None requested. The applicant failed to respond to Subdivision Committee comments from the November 15, 2012, Subdivision Committee meeting. Staff recommends deferral of this item to the January 24, 2013, public hearing. PLANNING COMMISSION ACTION: (DECEMBER 13, 2012) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had failed to respond to comment raised at the November 15, 2012, Subdivision Committee meeting. Staff presented a recommendation of deferral of the item to the January 24, 2013, public hearing. December 13, 2012 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-8814 2 There was no further discussion of the item. The Chair entertained a motion for approval of the item as presented by staff on the Consent Agenda. The motion carried by a vote of 8 ayes, 0 noes and 3 absent. December 13, 2012 ITEM NO.: 10 FILE NO.: Z-8815 NAME: Nature Conservancy of Arkansas Short-form POD LOCATION: Located on the northeast corner of Woodlawn and N. University Avenue DEVELOPER: The Nature Conservancy AR Field Office The Borne Firm Architects PA 2601 Kavanaugh Boulevard, Suite 7 Little Rock, AR 72205 ENGINEER: Hanson & McLaughiln Engineering, Inc. 320 Executive Center Court, Suite 202 Little Rock, AR 72205 AREA: 0.91 acres NUMBER OF LOTS: 1 lot FT. NEW STREET: 0 LF CURRENT ZONING: O-3, General Office District ALLOWED USES: Office PROPOSED ZONING: POD PROPOSED USE: Construction of New Maintenance and Storage Facility – Midtown and Hillcrest DOD VARIANCES/WAIVERS REQUESTED: A variance from Sections 30-43 and 31-210 to allow the drives as proposed along Woodlawn Drive. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The Nature Conservancy of Arkansas occupies the northeast corner of Woodlawn Drive and N. University Avenue. The office building fronts on N. University Avenue and the rear of the property (along Woodlawn Drive) is fenced and is used as outdoor and indoor storage of vehicles, trailers and equipment. The request is a rezoning from O-3, General Office District to POD December 13, 2012 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-8815 2 to allow the removal of the existing maintenance building and the construction of a new maintenance and storage building. The existing 1,200 square foot maintenance building will be removed to allow for the new 5,000 square foot maintenance and storage facility to be constructed. The new building will be used for housing the Nature Conservancy’s vehicles and equipment used by the burn crew and other field activities. Equipment to be stored includes trucks, ATV’s, trailers, hand tools etc. A separate 312 square foot building for the storage of gasoline in small containers, chainsaws and other small gasoline powered equipment will also be constructed within the northern portion of the site. Additionally, covered storage for boats, trailers and vehicles will be added on the north side of the site. The enclosed building will be structural clay masonry (8”X4”X16”) construction with standing seam metal roofs and concrete slab on grade floors; the covered structures will be light steel frames and metal roof. The site will be paved with new asphalt paving. The existing westernmost curb cut will remain in its current location and will be slightly widened. The eastern curb cut will be relocated to the east. There currently exists an open ditch running from a catch basin located at the northwest corner of the site meandering through the site and exiting at the street at the southeast corner; the owner is proposing piping this stormwater in order to increase the useable area of the site. B. EXISTING CONDITIONS: This area contains a mixture of uses including residential, office, commercial and a school. There are two (2) shopping centers located south of the site at the intersection of West Markham and University Avenue. There is a private school located to the west of the site and a public school located two (2) blocks to the north of the site. East, northeast and southeast of the site are single-family homes. There is a condominium development located southeast of the site on the corner of Lee Avenue and North Pierce Street. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a few informational phone calls from area residents. All property owners located within 200 feet of the site and the Hillcrest Residents Neighborhood Association were notified of the public hearing. December 13, 2012 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-8815 3 D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Due to the proposed use of the property, the Master Street Plan specifies that Woodlawn Drive for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 2. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 3. Provide a Sketch Grading and Drainage Plan per Section 29-186 (e). 4. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 5. Stormwater detention ordinance applies to this property if the proposed impervious area is more than existing impervious area. Show the proposed location for stormwater detention facilities on the plan. 6. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. A variance must be requested for the 2 driveways not meeting the required 250 foot spacing. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Contact Little Rock Wastewater for additional information. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water regarding the size and location of the water meter. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. Contact Central Arkansas Water if additional fire protection or metered water service is required. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) are required. If additional fire hydrant(s) are required, they will be installed at the Developer’s expense. Due to December 13, 2012 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-8815 4 the nature of the facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water requires that upon installation of the RPZ assembly, successful test of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by Central Arkansas Water. The test results must be sent to Central Arkansas Water’s Cross Connection Section within ten (10) days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. The facilities on-site will be private. When meters are planned off private lines, private facilities shall be installed to Central Arkansas Water’s material and construction specifications and installation will be inspected by an engineer licensed to practice in the State of Arkansas. Execution of a Customer Owned Line Agreement is required. Fire Department: Maintain access. Contact Fire Marshall Tony Rhodes at 607-3560 with any questions. County Planning: No comment. CATA: CATA Route #21, the University Avenue Route, is located adjacent to this site. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Heights/Hillcrest Planning District. The Land Use Plan shows Office (O) for this property. The Office category represents services provided directly to consumers (e.g., legal, financial, medical) as well as general offices which support more basic economic activities. The applicant has applied for a rezoning from O-3 (General Office District) to POD (Planned Office District) to allow for the development of accessory support structures for storage and training on the site. The site is within the Midtown & Hillcrest Design Overlay Districts which require certain design and use elements. Master Street Plan: University Avenue is Principal Arterial and Woodlawn is a Local Street on the Master Street Plan. A Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on University Avenue. The primary function of a Local Street is to provide access to adjacent properties. Local Streets that are December 13, 2012 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-8815 5 abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. A Collector design standard is used for Commercial Streets. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class II Bike Lane is shown along University Avenue. Bike Lanes provide a portion of the pavement for the sole use of bicycles. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements and the Midtown Design Overlay District. 2. The zoning buffer ordinance requires a nine foot wide (9’) land use buffer along the eastern perimeter of the site next to the residentially zoned property. Seventy percent (70%) of this area must remain undisturbed. 3. The zoning buffer ordinance requires a fourteen foot wide (14’) land use buffer along the northern perimeter of the site next to the residentially zoned property. Seventy percent (70%) of this area must remain undisturbed. 4. Eight percent (8%) of the parking lot must be comprised of green space and landscaping per Chapter fifteen (15) of the City of Little Rock’s Landscape Ordinance. The interior islands must be distributed evenly throughout the site. 5. A small amount of building landscaping will be required. 6. A controlled automatic irrigation system is required for all new landscaped areas. 7. Prior to the issuance of a building permit, it will be necessary to provide landscape plans stamped with the seal of a Registered Landscape Architect. 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. 9. The Landscape Ordinance requires a nine foot (9’) wide perimeter landscape strip around the sites entirety. The site is located within the Designated Mature Area of the City which allowes the minimum landscape strip to be reduced to six (6) feet nine (9) inches. A variance from the City Beautiful Commission will be required prior to the issuance of a building permit. December 13, 2012 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-8815 6 G. SUBDIVISION COMMITTEE COMMENT: (November 15, 2012) Mr. Robin Borne was present representing the request. Staff presented an overview of the development stating the site was located within the Midtown Design Overlay District and the Hillcrest Design Overlay District. Staff stated within the Midtown DOD the submission of a PZD was required for new construction. Staff stated there were a number of items which needed clarification pertaining to the development criteria of the DOD. Staff also stated the building was not a public building but was a replacement building for an existing maintenance building. Public Works comments were addressed. Staff stated right of way dedication to 30-feet from centerline was required to meet the Master Street Plan. Staff also stated the driveway locations and widths did not comply with the typical spacing requirements of the Master Street Plan and the Subdivision Ordinance and would require a variance. Landscaping comments were addressed. Staff stated the Landscape Ordinance required a minimum landscape strip of 6-feet 9-inches around the sites perimeter. Staff also stated some interior and building landscaping would be required to comply with the minimum standards of the Landscape Ordinance. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted written responses to comments raised at the November 15, 2012, Subdivision Committee meeting. The proposal is a rezoning from O-3, General Office District to PD-O, Planned Development Office, to allow the Nature Conservancy of Arkansas to construct a new maintenance building which will replace an existing maintenance building. The property is located within the Midtown and Hillcrest Design Overlay District thus the required review thru the PZD process. The Midtown DOD and the Hillcrest DOD have similar development criteria standards. Materials, elevations, projections and building height are specified. In addition limits are placed on parking within the Districts and utilities are to be placed underground. The new construction will be accessory use buildings for the Nature Conservancy. The site plan indicates the construction of a 50-foot by 100-foot new maintenance and storage building and a new 12-foot by 26-foot hazardous December 13, 2012 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-8815 7 materials storage building and two areas of covered storage will be provided on the site. When comparing the new construction to the Midtown DOD there are a number of variations. Since the building will not have a customer entrances nor will the building contain customer parking staff does not feel these variations are a concern. The paved areas around the area of new construction will be used by employees of the Nature Conservancy for vehicle storage for the Nature Conservancy’s vehicles and equipment. The applicant has indicated the new construction will not comply with the minimum standards of the Landscape Ordinance with regard to interior landscaping nor the perimeter landscape strip. The applicant has indicated due to maneuvering needs on the site interior landscaping can not be provided. The site will be fenced with a six (6) foot chain link fence. The drives will be gated with the gates closed at all times with the exception of Nature Conservancy vehicles entering and exiting the site. Per the Midtown DOD a minimum of 60 percent of the ground floor level facing internal pedestrian public circulation areas or streets is to be glass-windows, entry features or displays. The primary façade of the building is to be oriented parallel with the street, or the principal vehicular or pedestrian routes of travel whether public or private. Wall projections or recesses a minimum of three feet deep and a minimum of twenty contiguous feet north to extend over twenty percent of the façade is required. Arches, display windows enter areas or awnings are to exist along at least sixty percent of the façade. The building is to have at least one primary entrance oriented to the street. The building does not fully comply with the typical standards. Exterior building materials and colors are to be aesthetically pleasing and compatible with materials and colors used in neighboring developments. The predominant exterior building material is to be of high quality materials; such as but not limited to: brick, wood, stone, tinted stucco, EIFS (exterior insulation finish system) concreted masonry units. Façade colors are to be low reflectant subtle, neutral or earth tone with trim and accents brighter colors. Predominant exterior building materials shall not be smooth-faced concrete block, tilt-up concrete panels or prefabricated steel panels. The new building will be constructed of structural clay brick with a standing seam metal roof. The colors will be neutral tones as specified within the DOD. The building height will be well below the 60-foot allowable height per the Midtown DOD. The building is set at 20-feet from Woodlawn Drive as specified in the Midtown DOD. The side yard and rear yard setbacks comply with the typical standards of the DOD. The side yard setback along the east where abutting single-family December 13, 2012 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-8815 8 zoning and homes is indicated well over the minimum four (4) foot setback. The rear yard is adjacent to a commercial parking lot on R-5 zoned property. The setback exceeds the 25-foot specified in the Midtown DOD. There are two (2) drives located on the property currently and the applicant is requesting to maintain the drives. The Nature Conservancy stores large trucks and trailers within this area which require a large maneuvering area. According to the applicant the two (2) drives are necessary to allow the site to continue to function. The Midtown DOD states there should be no more than one curb cut per block face. Driveways and parking lot entrance-exits are to be combined and where appropriate located in alleys. The applicant is seeking a variation from this typical requirement. The utilities to the new maintenance building will be located underground. All trash enclosures will be located away from public view and screen per typical ordinance standards. There is no public parking within the area of redevelopment. All employees and guests will continue to use the parking lot located between the new building and the existing office building. The only items to be parked within this area are the Nature Conservancy’s vehicle inventory and equipment. No new signage is proposed for the redevelopment area. A small identification sign will be placed on the building on the façade abutting Woodlawn Drive. All lighting will comply with the Midtown DOD criteria. The site plan indicates the placement of a landscape strip along Woodlawn Drive. The DOD typically requires the placement of Land Use Buffers where adjacent to single-family or duplex zoning or used property. Surface parking lots are to be landscaped per City’s Landscape Ordinance requirements. The applicant has indicated the parking areas will not contain interior landscape islands nor will the perimeter have the required landscaped strips. The Hillcrest DOD states the street-level façade is to reflect the same building materials as the existing commercial buildings in the one-block area adjacent to and across from the location. Predominate exterior building materials may be any standard material, except corrugated or ribbed materials, smooth-faced concrete block, tilt-up concrete panels or prefabricated steel panels. Setbacks may align with existing structures on the block face and the maximum building height allowed in 39-feet. Parking, lighting, underground utilities and signage have similar standards of the Midtown DOD. December 13, 2012 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-8815 9 Although the site does not fully comply with the typical standards of the Midtown and Hillcrest DOD’s staff is supportive of the redevelopment. The new building is not proposed as a public building but as an accessory building to serve the Nature Conservancy for vehicle and equipment storage. The existing building which will be removed is constructed with metal and the new construction will be of a higher quality material. Currently a large amount of the inventory is stored in the parking lot and with the new construction a number of these items will be placed within the enclosed building or on the rear of the site under the covered storage. To staff’s knowledge there are no remaining outstanding technical issues associated with the request. Staff feels the development as proposed is appropriate for the site and the area. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends approval of the landscaping as presented by the applicant. Staff recommends approval of the driveways as proposed on the site plan. PLANNING COMMISSION ACTION: (DECEMBER 13, 2012) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff presented a recommendation of approval of the landscaping as presented by the applicant. Staff also presented a recommendation of approval of the driveways as proposed on the site plan. There was no further discussion of the item. The Chair entertained a motion for approval of the item as presented by staff on the Consent Agenda. The motion carried by a vote of 8 ayes, 0 noes and 3 absent. December 13, 2012 ITEM NO.: 11 FILE NO.: Z-8816 NAME: School for Integrated Academics & Technologies Short-form PID LOCATION: Located at 6724 I-30 Bypass Road DEVELOPER: Larry Cheshire c/o David Carpenter 5111 Jerry Five, Suite B Little Rock, AR 72223 SURVEYOR: James L. Butler 5323 JFK Boulevard North Little Rock, AR 72116 AREA: 0.94 acres NUMBER OF LOTS: 1 lot FT. NEW STREET: 0 LF CURRENT ZONING: I-2, Light Industrial ALLOWED USES: Industrial PROPOSED ZONING: PID PROPOSED USE: Add a school as an allowable use VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The request is a rezoning from I-2, Light Industrial Zoning District to PID, Planned Industrial Development, to allow the use of an existing building as a Charter School. The School for Integrated Academics and Technologies (SIATech Little Rock) opened its doors on August 15, 2011. The school is located on the Little Rock Job Corps Center on Scott Hamilton Road. Students have credentialed teachers in all areas. Students will have a unique opportunity to attend the SIATech classes to complete ADE required class work and be certified in career technical education training through Job Corps as well. SIATech provides an opportunity for students who may have previously dropped out of school to re-engage with academics and get back on-track to high school December 13, 2012 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-8816 2 graduation. The endpoint of the SIATech program is the award of a high school diploma. Graduates leave SIATech prepared for college and career. SIATech Little Rock, in partnership with Job Corps and the U.S. Department of Labor, provide services as a means to break the cycle of poverty and underachievement for disadvantaged students. SIATech Little Rock will deliver a curriculum that uses state-of-the-art technologies to integrate academic knowledge and real-world applications within a professional, work-like setting. Students are engaged by the technology and involved with the outcome-based project curriculum. Students work at an individually-appropriate pace and are expected to make learning gains in dramatically less time than in the traditional school setting. The enrollment averages 140 students. The site contains a 12,000 square foot building and 40 parking spaces. The State Board of Education has approved the school for a maximum of 275 students. There will be 10 – 15 staff members serving the site. B. EXISTING CONDITIONS: The property is located on the I-30 Frontage Road within an industrial area of the City. The building was constructed as an office building but has been used as a daycare facility. Uses in the area include a trucking company and a convenience store located to the north. South of the site is the Coca Cola Bottling Company. West 68th Street is constructed to a commercial street standard with the exception sidewalks are not in place. There are no sidewalks located along the I-30 Frontage Road. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a few informational phone calls from area residents. All property owners located within 200 feet of the site, the Upper Baseline Neighborhood Association and Southwest Little Rock United for Progress were notified of the public hearing. Upper Baseline Neighborhood Association has called staff in support of the request. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Contact Little Rock Wastewater for additional information. December 13, 2012 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-8816 3 Entergy: Approved as submitted. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water regarding the size and location of the water meter. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. Contact Central Arkansas Water if additional fire protection or metered water service is required. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) are required. If additional fire hydrant(s) are required, they will be installed at the Developer’s expense. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer’s expense. Due to the nature of the facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water requires that upon installation of the RPZ assembly, successful test of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by Central Arkansas Water. The test results must be sent to Central Arkansas Water’s Cross Connection Section within ten (10) days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Maintain access of at least twenty (20) feet; fire hydrants per Code. Contact Fire Marshall Tony Rhodes at 607-3560 with any questions. County Planning: No comment. CATA: The site is within a short distance of CATA Route #17A, the Mabelvale-UALR Route, which is located north of the site on West 65th Street. The site will be in proximity of CATA Bus Route #22, Mabelvale-Midtown in 2013. Parks and Recreation: No comment received. December 13, 2012 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-8816 4 F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the 65th Street East Planning District. The Land Use Plan shows Industrial (I) for this property. The Industrial category encompasses a wide variety of manufacturing, warehousing research and development, processing, and industry related office and service activities. Industrial development typically occurs on an individual tract basis rather than according to an overall development plan. The applicant has applied for a rezoning from I-2 (Light Industrial District) to PID (Planned Industrial District) to allow for the use of the existing structure for an educational facility. Master Street Plan: Interstate 30 is a Freeway and 68th Street is a Local Street on the Master Street Plan. Freeways are regional and national routes with controlled access. There is a one-way access road along Interstate 30. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Interstate 30. The primary function of a Local Street is to provide access to adjacent properties. Local Streets that are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. A Collector design standard is used for Commercial Streets. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes shown in the immediate vicinity. Landscape: 1. The rehabilitation of the building may include a requirement for additional landscaping to be installed on the site. If the rehabilitation costs exceeds (50%) fifty percent of the replacement cost, then the landscaping will need to be brought into compliancy respectively. This may include the removal of asphalt. G. SUBDIVISION COMMITTEE COMMENT: (November 15, 2012) Mr. David Carpenter was present representing the request. Staff presented an overview of the development stating there were additional items necessary to complete the review process. Staff questioned the student make-up and the hours of service. Staff also questioned if there was an outdoor play area proposed with the development. Staff requested the applicant provide the proposed signage plan and the dumpster location. Public Works comments were addressed. Staff stated any broken curb, gutter or sidewalk located within the right of way was to be repaired prior to the issuance of a certificate of occupancy. December 13, 2012 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-8816 5 Staff noted if the rehabilitation cost of the building exceeded 50 percent of the replacement cost of the building then landscaping was to be brought into compliance accordingly. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised cover letter and site plan to staff addressing the issues raised at the November 15, 2012, Subdivision Committee meeting. The revised plan indicates the placement of a dumpster and an area for outdoor activities. The applicant has also provided the student make-up for the Charter School. The school serves non-traditional students, older children and young adults, seeking their GED. The request is a rezoning from I-2, Light Industrial Zoning District to PID, Planned Industrial Development, to allow the use of the existing building as a Charter School. The building contains a 12,000 square foot building with 40 parking spaces. There is a 20-foot by 60-foot fenced area which will be used as an activity area for the students. Although, the school does not currently serve the maximum number of students permitted the State Board of Education has approved the school for a maximum of 275 students. One instructor serves approximately 20-students. There will be 10 – 15 staff members serving the school. Parking for a school is based on six parking spaces per classroom plus one space for each teacher, employee and administrator on the largest shift. This is a non-traditional school in that students are provided a course curriculum which they follow in an independent study program. Instructors are available to provide assistance to the students. There will be five to ten classrooms/lab areas within the building. If parking is calculated as typically required for a traditional school there would be a need for 40 to 75 parking spaces depending on the number of students/classrooms and the number of staff. As noted there are 40 parking spaces located on-site. Staff feels the available parking is adequate to serve the use. A number of the students do not drive. There is an existing sign located on the property. The applicant has indicated the sign will be refaced. Building signage will comply with signage allowed in industrial zones or a maximum of ten percent of the façade of the building with public street frontage. December 13, 2012 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-8816 6 The applicant has indicated the school serves non-traditional students and will host classes from 7:00 am to 7:00 pm to meet the students outside work schedules. Staff is supportive of the request. Staff feels the addition of a school as an allowable use for the property maintaining the existing I-2, Light Industrial uses will not have any adverse impact on the area. To staff’s knowledge there are no remaining outstanding technical issues associated with the request. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. PLANNING COMMISSION ACTION: (DECEMBER 13, 2012) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. There was no further discussion of the item. The Chair entertained a motion for approval of the item as presented by staff on the Consent Agenda. The motion carried by a vote of 8 ayes, 0 noes and 3 absent. December 13, 2012 ITEM NO.: 12 FILE NO.: Z-8817 NAME: Stone's Throw Brewing Short-form PD-C LOCATION: Located at 402 E. 9th Street DEVELOPER: Theron Cash Stone’s Throw Brewing, LLC 7 Creekside Court Little Rock, AR 72211 SURVEYOR: Brooks Surveying, Inc. 20820 Arch Street Pike Hensley, AR 72065 AREA: 0.092 acres NUMBER OF LOTS: 1 lot FT. NEW STREET: 0 LF CURRENT ZONING: R-4A ALLOWED USES: Multi-family residential PROPOSED ZONING: PD-C PROPOSED USE: Add a brewery as an allowable uses VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is requesting a zoning change for the property located at 402 East Ninth Street from R-4A to PD-C. The applicant is requesting the rezoning to allow use of the existing building as a Microbrewery. The outward appearance and form of the property will remain unaltered. The business will be created and operated within the confines of the Arkansas Native Brewery Act as established in Title 3 of Arkansas Code, Subchapter 12, as well as all applicable Federal Laws. 1,900 square feet of the building will be dedicated to production and storage of beer and malt beverage. This includes all consumables and equipment required. December 13, 2012 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-8817 2 A small portion of the space is planned to be used as a small tasting room, with a limited retail function, to be used in conjunction with brewing tours, as required in regulations. In the tasting room small samples of product will be given after the tour, with opportunity to buy packages for off premise consumption, as well as by-the-glass sales. Within the area 750 square feet will be brewery production, 320 square feet for keg cleaning, 235 square feet for storage and cooler space, 360 square feet for the tasting room and 110 square feet for the tasting bar. There will be a maximum occupancy of 20 customers within the bar area. The hours of operation for the tour and retail aspect of the business are very limited. B. EXISTING CONDITIONS: This area contains a mixture of uses including the Arts Center, a high rise multi-family building, offices and single-family homes. There are two (2) large churches in the area, a homeless day center and retail uses. The building was constructed as a non-residential building and has housed a number of uses over the years. There is currently a barber shop on the lower level with a residence on the upper level. There is a graveled parking lot to the north of the building which provides parking for the building. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a few informational phone calls from area residents. All property owners located within 200 feet of the site, the MacArthur Park Property Owners Association and the Downtown Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. Sidewalk is damaged adjacent to Rock Street. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer service unknown for this property. Sewer main located in alley east of the property. Contact Little Rock Wastewater for additional information. Entergy: No comment received. December 13, 2012 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-8817 3 Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water regarding the size and location of the water meters. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. Contact Central Arkansas Water if additional fire protection or metered water service is required. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer’s expense. Due to the nature of the facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water requires that upon installation of the RPZ assembly, successful test of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by Central Arkansas Water. The test results must be sent to Central Arkansas Water’s Cross Connection Section within ten (10) days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Approved as submitted. County Planning: No comment. CATA: The site is located within a few blocks of several central CATA Bus Routes. The CATA Bus Route #20 – the College Station Route, runs along East 9th Street adjacent to this site. CATA Bus Routes #2, #16, #19 and #20 travel north and south along S. Scott Street which is located two (2) blocks west of the site. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Downtown Planning District. The Land Use Plan shows Residential Medium Density (RM) for this property. The Residential Medium Density category accommodates a broad range of housing types including single family attached, single family detached, duplex, town homes, multi-family and patio or garden homes. Any combination of these and possibly other housing types may fall in this category provided that the December 13, 2012 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-8817 4 density is between six (6) and twelve (12) dwelling units per acre. The applicant has applied for a rezoning from R-4A (Low Density Residential District) to PD-C (Planned District Commercial) to allow for the use of the existing structure for a Micro-Brewery. Master Street Plan: 9th Street is a Collector and Rock Street is a Local Street on the Master Street Plan. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. The primary function of a Local Street is to provide access to adjacent properties. Local Streets that are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. A Collector design standard is used for Commercial Streets. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes shown in the immediate vicinity. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. Landscaping, per Chapter 15 of the City of Little Rock’s Landscape Ordinance, will be required in conjunction with any new parking associated with this site. G. SUBDIVISION COMMITTEE COMMENT: (November 15, 2012) The applicants were present representing the request. Staff presented an overview of the development stating there were a number of questions concerning the process of brewing. Staff also questioned if the applicant would be using the parking lot located to the north of the site. Staff questioned the days and hours of operation and if there would be any events held at the site such as tastings. Staff also questioned if the existing residential use would continue on the upper floor of the building. Public Works comments were addressed. Staff stated customer access and parking to the site was very limited. Staff also stated any broken curb, gutter or sidewalk located within the public right of way was to be repaired prior to the issuance of a certificate of occupancy. Landscaping comments were addressed. Staff stated street trees were recommended within this area. Staff also stated any new paved areas would require landscaping to meet the City’s Landscape Ordinance requirements. December 13, 2012 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-8817 5 Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised cover letter to staff addressing a number of the issues raised at the November 15, 2012, Subdivision Committee meeting. The revised cover letter states the ingredients will include grains and hops which will be received in bulk. The applicant states orders will be enough to satisfy the needs for two to three months. The deliveries will be made by truck or box van. The goods as well as all the products and equipment will be stored internally to the building. All excess waste including spent grains and water will be disposed of properly. Water will be expelled to the sanitary sewer by use of floor drains. The spent grains will be stored in a bin internally to the building until they are picked up to be used in livestock feed. There are no employees of the business. There are four members of the LLC who will brew the products. The brewing hours will be during daylight hours and on weekends. There is limited noise produced by the brewing process. Limiting the brewing hours to daylight hours will minimize impacts on the nearby residential uses. The applicant plans for retail sales and tasting as a portion of the business. There will not be set days and hours of operation but it is anticipated the retail business will not be open more than five (5) days per week with the hours between 2 pm and 9 pm. Special tasting events will occasionally be held but no more than 12 per year. The events will be during normal business hours on the weekends. During weekday events the applicant has stated they will be open slightly later than 10 pm. Staff is unclear on the proposed closing time and feels all events and sales should be limited to 2 pm to 9 pm. The brewery will not occupy the entire building. On the ground level, there is a barber shop. Above the barber shop is an apartment which is currently occupied. The applicant has stated they do have access to an adjacent parking lot. There are approximately ten (10) spaces within the parking area. The applicant has access to five (5) of the spaces. The parking area is graveled. The McArthur Park Guidelines for Rehabilitation and New Construction states parking for commercial, office and institutional parking should be limited to the rear yard area. If this is not possible, parking may be in a side yard but located to the rear December 13, 2012 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-8817 6 of the front wall of the structure. Fencing or shrubbery should screen the parking area. Parking lots between buildings should align edge screening with the front facades of adjacent buildings and the site property lines. Parking areas should be surfaced with gravel or concrete, not asphalt, aggregate or brick. Any modification to the paved areas must be approved by the McArthur Park Historic District Commission. The applicant is not proposing any ground signage. The site is located within the McArthur Park Historic District which regulates signage. The guidelines for rehabilitation and new construction state signs attached to the building should not cover or obscure architectural features. The Guidelines for Commercial Structures states signs on commercial buildings should be in proportion to the building and should be made of historic materials, such as finished carved wood, glass, copper or bronze letters. Signs of plastic, plywood or unfinished wood are not appropriate. Signs should be placed at traditional locations, such as on storefront beltcourses, upper façade walls, hanging or mounted inside windows, or projecting from the face of the building. Lighting for signs should be concealed; up-lit or spot lighting is recommended. “Ghost” signs (historic painted wall signs, frequently on sides of brick building) should be preserved and not removed. All signs must be approved by the McArthur Park Historic District Commission. Staff is supportive of the request. Staff feels however the existing parking area should be resurfaced with a hard surface material. Staff is supportive of a deferral of the hard surfacing material for a period of two (2) years. The applicant will need to coordinate with the Historic District Commission on the preferred materials and construction specifications. At the time of resurfacing additional landscaping may be required. Staff feels the rezoning of this building from R4-A to PD-C to allow the continued use of the building as a barber shop and a residential unit and to add a brewery to the building is appropriate provided the applicant provide the upgrades to the existing parking area. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends the existing parking area be resurfaced with a hard surface material within two (2) years of the date of the issuance of the certificate of occupancy for the building. December 13, 2012 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-8817 7 PLANNING COMMISSION ACTION: (DECEMBER 13, 2012) The applicants were 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 the existing parking area be resurfaced with a hard surface material within two (2) years of the date of the issuance of the certificate of occupancy for the building. There was no further discussion of the item. The Chair entertained a motion for approval of the item as presented by staff on the Consent Agenda. The motion carried by a vote of 8 ayes, 0 noes and 3 absent. December 13, 2012 ITEM NO.: 13 FILE NO.: Z-8168-A NAME: Water's Edge Tract B Long-form PD-R Revocation LOCATION: Located North of David O Dodd, East of I-430 DEVELOPER: H & L Properties 505 West Dixon Road Little Rock, AR 72209 ENGINEER: McGetrick and McGetrick Engineers 10 Otter Creek Court, Suite A Little Rock, AR 72210 AREA: 6.506 acres NUMBER OF LOTS: 1 FT. NEW STREET: 350 LF CURRENT ZONING: PD-R ALLOWED USES: 36-unit condominium housing PROPOSED ZONING: R-2, Single-family PROPOSED USE: Single-family VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: Ordinance No. 19,738 adopted by the Little Rock Board of Directors on April 3, 2001, rezoned 6.05 acres located at the northeast corner of I-430 and David O Dodd Road from R-2, single-family to PD-R. The approval allowed the development of a 36-unit condominium project. A six foot wood and brick fence was proposed to enclose the project. Signage was proposed in accordance with the City of Little Rock specifications for multi-family development. The development was not constructed. Staff and the owner are now requesting revocation of the approved PD-R and the restoration of the previously held R-2, Single-family zoned. December 13, 2012 SUBDIVISION ITEM NO.: 13 (Cont.) FILE NO.: Z-8168-A 2 A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: Per Section 36-458(a) Cause for revocation as enforcement action. The Planning Commission may recommend to the Board of Directors that any PUD or PD approval be revoked and all building permits or certificates of occupancy be voided under the following circumstances: (1) The applicant has not submitted a final development plan to staff. Where a staged development plan is approved the Board of Directors may revoke the entire preliminary plan or may revoke only that stage on which a final plan has not been submitted and approved. (2) Construction has not commenced within the time allowed. (3) The applicant has not adhered to the development schedule as stated in the approved preliminary plan. In addition, to the revocation for cause, Section 36-454(e) final development plan states the applicant shall have three years from the date of passage of the ordinance approving the preliminary approval to submit the final development plan. Request for extensions of time shall be submitted in writing to the Planning Commission which may grant one extension of not more than two years. Failure of the applicant to file a timely extension shall be cause for revocation of the PUD as provided in the ordinance. Per the ordinance requirement of the procedure for revocation, staff has contacted the applicant indicating the default of approval and setting a time to appear before the Planning Commission to show cause why steps should not be made to totally or partially revoke the PD-R zoning classification. According to the ordinance, the Planning Commission shall provide a recommendation which shall be forwarded to the Board of Directors for disposition as in the original approval. The applicant is agreeable to the revocation of the PD-R zoning and the restoration of the previously held R-2, Single-family zoning classification. B. EXISTING CONDITIONS: The site is located to the west of the Waters Edge Subdivision, a newly developing single-family subdivision. The area is predominately single-family residential with a few duplex structures located at the southeast corner of David O Dodd and I-430. A number of the homes are located on large lots with acreage but in recent past three subdivisions have been developed with new homes; Kenwood Estates, Woodridge Estates and Shady Brook. December 13, 2012 SUBDIVISION ITEM NO.: 13 (Cont.) FILE NO.: Z-8168-A 3 C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents. All property owners located within 200 feet of the site, the Stagecoach Dodd Neighborhood Association and Southwest Little Rock United for Progress Neighborhood Association were notified of the public hearing. D. SUBDIVISION COMMITTEE COMMENT: (November 15, 2012) The applicant was not present. Staff presented the item stating the request was a revocation of the previously approved, expired, PD-R zoning. Staff stated there were no outstanding technical issues associated with the request. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. E. STAFF RECOMMENDATION: Staff feels the approval should be voided since the applicant has failed to satisfy the requirements of the approval process. Staff recommends the current PD-R zoning classification be revoked and the previously held R-2, Single-family zoning be restored. PLANNING COMMISSION ACTION: (DECEMBER 13, 2012) The applicant was present. There were no registered objectors present. Staff presented the item stating they felt the approval of the PD-R should be voided since the applicant had failed to satisfy the requirements of the approval process. Staff presented a recommendation the current PD-R zoning classification be revoked and the previously held R-2, Single-family zoning be restored. There was no further discussion of the item. The Chair entertained a motion for approval of the item as presented by staff on the Consent Agenda. The motion carried by a vote of 8 ayes, 0 noes and 3 absent. December 13, 2012 ITEM NO.: 14 FILE NO.: LA-0048 NAME: Saddle Creek, Phase 2 Advance Grading Variance Request LOCATION: Northwest Corner of Highway 10 and Ranch Blvd. APPLICANT: Ranch Properties, Inc. APPLICANT’S REPRESENTATIVE: White-Daters & Associates, Inc. AREA: Approximately 3.7 acres CURRENT ZONING: Planned Commercial Development VARIANCES/WAIVERS REQUESTED: A variance from the Land Alteration Regulations to advance grade by clearing and filling approximately 3.7 acres. A. PROPOSAL/REQUEST: The applicant is requesting a variance from the Land Alteration Regulations to advance grade by clearing and filling approximately 3.7 acres northwest corner of the intersection of Highway 10 and Ranch Blvd. The variance would allow staff to issue a grading permit for the advance grading activities without imminent construction. The property is proposed to be filled with approximately 8,000 cubic yards from the Saddle Creek Phase 1 development located on the east side of Ranch Blvd. B. EXISTING CONDITIONS: The 3.7 acre area proposed to be excavated is located on the northwest corner of Highway 10 and Ranch Blvd. The area has approximately 10 trees and is divided by an east-west road off Ranch Blvd. The property is currently zoned PCD. North of the advanced graded area is undeveloped grass covered pasture land zoned C-3 with an office development on the north side of Ranch Drive. East of the advanced graded area is Ranch Blvd and on the east side of Ranch Blvd. is the existing Saddle Creek development. South of the advanced graded area is Highway 10. South of Highway 10 is Cheveaux Subdivision with residential housing and an office development. West of the advanced graded area is a First Security Bank. West of First Security Bank is again undeveloped grass covered pasture land zoned C-3. C. NEIGHBORHOOD COMMENTS: Staff has not been provided proof of notifications being mailed by the applicant to all adjacent property owners including those across streets and alleys. As of the time of writing, staff has not received any telephone calls or emails with questions or desiring additional information. December 13, 2012 SUBDIVISION ITEM NO.: 14 (Cont.) FILE NO.: LA-0048 2 D. ENGINEERING COMMENTS: 1. A grading permit in accordance with Section 29-186 (c) & (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 2. If disturbed area is one (1) or more acres, obtain a NPDES stormwater permit from the Arkansas Department of Environmental Quality prior to the start of construction. 3. Provide a Sketch Grading and Drainage Plan per Section 29-186 (e). 4. Damage to public and private property due to hauling operations or operation of construction related equipment from a nearby construction site shall be repaired by the responsible party prior to issuance of a certificate of occupancy. 5. Erosion controls must be installed to reduce discharge of polluted stormwater. 6. Provide location of vehicle tracking pad constructed per Little Rock Code Section 29-190(12). 7. Vegetation must be established on disturbed area within 14-days of completion of grading activities. E. PLANNING STAFF COMMENTS: No comments F. SUBDIVISION COMMITTEE: Tim Daters of White-Daters & Associates was present representing the applicant. Staff presented an overview of the variance application stating the applicant’s desire to advance grade by filling approximately 3.7 acres on the northwest corner of Highway 10 and Ranch Blvd. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. G. ANALYSIS: The applicant is proposing to clear 10 trees and fill approximately 3.7 acres with fill material from Saddle Creek Phase 1 development located on the northeast corner of Highway 10 and Ranch Blvd. Approximately 8,000 cubic yards of fill material is proposed to be filled. The Saddle Creek Phase 1 development has an advanced grading variance to clear and grade the entire site with development on at least one lot. The fill material will be trucked across Ranch Blvd. to the subject property. A gravel construction entrance will be located off the paved access easement on the north side of Lot D-3. December 13, 2012 SUBDIVISION ITEM NO.: 14 (Cont.) FILE NO.: LA-0048 3 Mud, dirt or any debris tracked on paved surfaces must be periodically removed. Erosion control devices will be used during grading operations. The property will be graded to sheet flow stormwater and not pond on the property. Within 14 days of completion of the filling and final grading the disturbed area will be seeded and vegetated with native grasses. When vegetation is established, the erosion control devices can then be removed. Damage to City streets must be repaired immediately. H. RECOMMENDATION: Staff recommends approval of the advanced grading variance request subject to compliance with the comments and conditions as outlined in paragraphs D of the agenda staff report. PLANNING COMMISSION ACTION: (DECEMBER 13, 2012) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the advanced grading variance request subject to compliance with the comments and conditions as outlined in paragraphs D of the agenda staff report. There was no further discussion of the item. The Chair entertained a motion for approval of the item as presented by staff on the Consent Agenda. The motion carried by a vote of 8 ayes, 0 noes and 3 absent. W LLI 0 0 z CL r� LU C) Q 1� gay ,At ��anou�o 0� .L.i m L U 2 _ 2 C, CZ m cc ::D m Lli U7 W Z _ U ZF--: <__ Q °� C7 (,rj L LI LL W �°' LL, LL Imo— Z 0 LL. 0 0 Ci < 0 —1 = ::D W (—) LU J CD �-- L J gay ,At 1d r C7) Fe W CO U W LL r. 2 C12 f� L.LJ Q Li .L.i m L U 2 _ 2 C, CZ m cc ::D m Lli U7 W Z _ U ZF--: <__ Q °� C7 (,rj L LI LL W �°' LL, LL Imo— Z 0 LL. 0 0 Ci < 0 —1 = ::D W (—) LU J CD �-- L J 1d r C7) Fe W CO U W LL r. 2 C12 f� L.LJ Q Li December 13, 2012 There being no further business before the Commission, the meeting was adjourned at 5.50 P.M. LIId11I11011