HomeMy WebLinkAboutZ-9585 PC Action Letter - Approved With Conditions 070221Department of Planning and Development Planning
723 West Markham Street
Little Rock, Arkansas 72201-1334 Development
Phone: (501)371-4790 Fax: (501)371-4546 Building Codes
June 30, 2021
Cypress Bend Properties, LLC
Randy Alberius
11708 Kanis Road
Little Rock, AR 72211
Re: File No. Z-9585
Rosemary Villas at Chenal — PRD,
NW corner of Kanis Road and Rahling Road
Dear Mr. Alberius:
This is to advise you that in connection with your request concerning the above referenced
file number the following action was taken by the Planning Commission at its meeting on
June 24, 2021:
X
Approved with conditions.
Recommended approval with conditions.
Recommended approval as submitted.
Denied your request as submitted.
Deferred to the
Other:
Meeting_
This item will be forwarded to the Little Rock Board of Directors for final action. You or
your representative will need to be present at the Board of Directors meeting to
address any questions which may arise. The meeting date has tentatively been set
for August 3, 2021. The meeting begins at 6:00 pm and is held in the M. L. Harris Fine
Arts Building, Philander Smith College, 900 W. Daisy L. Gatson Bates Drive. If you have
any questions please do not hesitate to contact me at 371-4792.
Respectf
M nt Moor
Development Administrator
June 24, 2021
ITEM NO.: 7 FILE NO.: Z-9585
NAME: Rosemary Villas at Chenal — PRD
LOCATION: Northwest corner of Rahling Road and Kanis Road
DEVELOPER:
Cypress Bend Properties, LLC
11708 Kanis Road
Little Rock, AR 72211
OWNER/AUTHORIZED AGENT:
Cypress Bend Properties, LLC — Owner
Randy Alberius — Applicant
SURVEYOR/ENGINEER:
White-Daters and Associates
24 Rahling Circle
Little Rock, AR 72223
AREA: 37 acres NUMBER OF LOTS: 1 FT. NEW STREET: 6,450 LF
WARD: N/A PLANNING DISTRICT: 19 CENSUS TRACT: 42.13
CURRENT ZONING: R-2
VARIANCE/WAIVERS:
1. Variance to allow pedestrian paths in combination with sidewalks.
2. Variance to allow slopes to exceed 3:1 with no terracing.
3. Variance to allow grading of the entire site with Phase I development.
A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT:
The applicant proposes to rezone the 37 acre site from "R-2" Single Family District
to "PRD" Planned Residential District to allow a 219 unit multifamily development.
June 24, 2021
ITEM NO.: 7(Cont.)FILE NO.: Z-9585
The proposed project will be a gated community for independent living for persons
of age 55 and over.
B. EXISTING CONDITIONS:
The overall property is undeveloped and mostly wooded with varying degrees of
slope.
C. NEIGHBORHOOD COMMENTS:
All owners of property located within 200 feet of the site and all neighborhood
associations registered with the City of Little Rock were notified of the public
hearing.
D. ENGINEERING COMMENTS:
1. Provide a Sketch Grading and Drainage Plan prepared by a licensed
engineer per Sec. 29-186 (e).
2. Alteration of the water course will require approval from the Little Rock District
of the US Army Corps of Engineers prior to start of work.
3. Is grading proposed within the utility easements and right-of-way proposed?
If so, provide approval from the authorities for the grading occuring in the area
of those easements and right-of-ways, especially the area of the raw
waterline and Entergy transmission lines.
4. No residential waste collection service will be provided on private streets
unless the owner of property owners association provides a waiver of damage
claims for operations on private property. Is City of Little Rock trash collection
requested?
5. Provide proof of approval from the US Postal Service for the proposed cluster
mailbox locations on a private street behind a gate. The cluster box units
must be constructed in conformance with USPS and City of Little Rock design
standards. The box cannot open toward the street for public access and must
be ADA accessible.
6. Per International Fire Code, where a fire hydrant is located on a fire apparatus
access road, the minimum road width shall be 26 feet, exclusive of shoulders.
7. The owner and/or manager of each multi -family residence of 100 or more
dwelling units shall provide recycling and encourage participation by the
tenants, renters, or owners of each unit. Contact Melinda Glasgow at
371-4646 for more information.
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June 24, 2021
iTEM NO.: 7(Cont.)FILE NO.: Z-9585
8. Turn around must be provided with a significant radius for a SU-30 vehicle
attempting to enter development. The proposed turn lane on Rahling Road
must be at least 11 ft wide.
9. Per the International Fire Code requirements, minimum 96 ft diameter cul de
sacs are required to be provided.
10. Storm water detention ordinance applies to this property. Show the proposed
location for stormwater detention facilities on the plan or other means of
detention. Maintenance of the detention pond and all private drainage
improvements is the responsibility of the developer and/or property owners
association.
11. Show proposed call box location at the gate.
12. With site development, provide design of street conforming to the Master
Street Plan. Construct street improvement to Kanis Road including 5-foot
sidewalks with planned development. The new back of curb should be
located 29.5 ft from the existing striped centerline.
13. Kanis Road is classified on the Master Street Plan as a minor arterial. A
dedication of right-of-way 45 feet from centerline will be required.
14. Street lights are required by Section 31-403 of the LR code. Provide plans
for approval to Planning and Development. Street lights must be installed
prior to platting/certificate of occupancy. Contact Planning and Development
for more info.
15. In accordance with section 31-207, private streets must be designed to the
same standards as public streets.
16. The emergency access must meet the International Fire Code requirements
for the access to not exceed a 10% slope and pass at least 75,000 lbs. during
all weather conditions. A secondary emergency access should be provided
from the north cul de sac due to it exceeding 30 dwellings.
17. Retaining walls designed to exceed 15 ft in height are required to seek a
variance for construction. Provide proposed wall elevations.
18. Prior to construction of retaining walls, an engineer's certification of design
and plans must be submitted to Planning and Development. After
construction, an as -built certification is required for construction of the
retaining wall.
19. 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. A variance is being requested
to advance grade future phases with the issuance of a grading permit for
Phase 1.
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June 24, 2021
ITEM NO.: 7 (Cont.) FILE NO.: Z-9585
E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING:
Little Rock Water Reclamation Authorit : Sewer main extension required with
easements if new sewer service is required for this project.
Entergy: No comments received.
CenterPoint Energy: No comments received.
AT & T: No comments received.
Central Arkansas Water: No comments received.
Fire Department:
Maintain Access:
Fire Hydrants.
Maintain fire apparatus access roads at fire hydrant locations as per Appendix D
of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.1 Access road
width with a hydrant. Where a fire hydrant is located on a fire apparatus access
road, the minimum road width shall be 26 feet, exclusive of shoulders.
Grade
Maintain fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire
Prevention Code Vol. 1 Section D103.2 Grade. Fire apparatus access roads
shall not exceed 10 percent in grade except as approved by the fire chief. If
the grade exceeds 10 percent, approval will be denied and the applicant must
submit request to be reviewed by Fire Chief for Approval.
Loading
Maintain fire apparatus access road design as per Appendix D of the 2012
Arkansas Fire Prevention Code Vol. 1 Section D102.1 Access and loading.
Facilities, buildings or portions of buildings hereafter constructed shall be
accessible to fire department apparatus by way of an approved fire apparatus
access road with an asphalt, concrete or other approved driving surface capable
of supporting the imposed load of fire apparatus weighing at least 75,000 pounds.
Gates
Maintain fire apparatus access road gates as per Appendix D of the 2012
Arkansas Fire Prevention Code Vol. 1 Section D103.5 Fire apparatus access
road gates. Gates securing the fire apparatus access roads shall comply with
all of the following criteria:
1. Minimum gate width shall be 20 feet.
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June 24, 2021
ITEM NO.: 7(Cont.)FILE NO.: Z-9585
2. Gates shall be of swinging or sliding type.
3. Construction of gates shall be of material that allow manual operation by
one person.
4. Gate components shall be maintained in an operable condition at all times
and replaces or repaired when defective.
5. Electric gates shall be equipped with a means of opening the gate by fire
department personnel for emergency access. Emergency opening devices
shall be approved by the fire code official.
6. Manual opening gates shall not be locked with a padlock or chain and
padlock unless they are capable of being opened by means of forcible entry
tools or when a key box containing the keys to the lock is installed at the
gate location.
7. Locking device specifications shall be submitted for approval \by the fire
code official
8. Electric gate operators, where provided, shall be listed in accordance with
U L 325.
9. Gates, intended for automatic operation shall be designed, constructed and
installed to comply with requirements of ASTM F 2200.
One- or Two -Family Residential Developments.
As per Appendix D, Section D107.1 of the Arkansas Fire Prevention Code
Vol. 1, One- or Two -Family dwelling residential developments. Developments
of one- or two-family dwellings where the number of dwelling units exceeds
30 shall be provided with two separate and approved fire apparatus access roads,
and shall meet the requirements of Section D104.3.
Exceptions:
1. Where there are more than 30 dwelling units on a single public or
private fire apparatus access road and al dwelling units are equipped
throughout with an approved automatic sprinkler system in
accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3 of the
Arkansas Fire Code, access from two directions shall not be required.
2. The number of dwelling units on a single fire apparatus access road shall
not be increased unless fire apparatus access roads will connect with
future development, as determined by the fire code official.
Fire Hydrants
Locate Fire Hydrants as per Appendix C of the 2012 Arkansas Fire
Prevention Code. Section C101 — C105, in conjunction with Central Arkansas
Water (Daniel Tull 501-377-1245) and the Little Rock Fire Marshal's Office
June 24, 2021
ITEM NO.: 7 Cont. FILE NO.: Z-9585
(Capt. Tony Rhodes 501-918-3757 or Capt. John Hogue 501-918-3754). Number
and Distribution of Fire Hydrants as per Table C105.1.
Parks and Recreation: No comments received_
Count Planning: No comments received.
F. BUILDING CODES/LANDSCAPE:
Building Code: No comments received.
Landscape:
1. Any new site development must comply with the City's minimal landscape and
buffer ordinance requirements.
2. Maintain land use buffers a minimum of six (6) percent of the average
width/depth of the lot where adjacent property has a dissimilar use of a more
restrictive nature.
3. 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. TRANSPORTATION/PLANNING:
Rock Region Metro: No comments received.
Planning Division: The request is in the Chenal Planning District. The Land Use
Plan shows Commercial (C), Residential Medium Density (RM) and Residential
Low Density (RL) for the requested area. The Commercial (C) 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 Residential Medium
Density (RM) 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 density is between six (6) and
twelve (12) dwelling units per acre. The Residential Low Density (RL) category
provides for single family homes at densities not to exceed 6 dwelling units per
acre. Such residential development is typically characterized by conventional
June 24, 2021
ITEM NO.: 7(Cont.)FILE NO.: Z-9585
single-family homes but may also include patio or garden homes and cluster
homes, provided that the density remain less than 6 units per acre. The application
is to change the property from R-2 (Single Family District) and C-3 (General
Commercial District) to PRD (Planned Residential Development) District to allow
for of a gated age restricted attached residential development at a density of just
over 6 units/acre on the site.
Surrounding the application area, the Land Use Plan shows Commercial (C) to the
east, northeast and southeast of the site. Residential Low Density (RL) is shown
to the north and south of the proposed change area. Suburban Office (SO) land
use is shown to the southwest and Neighborhood Commercial (NC) is shown to
the west and southwest of the site. The Commercial (C) 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 Commercial area is at the
Rahling/Edswood/Kanis Roads intersection to the east of the application area.
This land is undeveloped, except for a 1.5 acre parcel with a bakery and auto repair
shop operate in stand alone structures. The area is zoned either C-3 (General
Commercial District) or C-2 (Shopping Center District). The Residential Low
Density (RL) category provides for single family homes at densities not to exceed
6 dwelling units per acre. Such residential development is typically characterized
by conventional single-family homes but may also include patio or garden homes
and cluster homes, provided that the density remains less than 6 units per acre.
The RL area to the south is large tracts of land with a single-family home, either
zoned R-2 (Single Family District) or AF (Agricultural and Forestry District). The
RL land to the north is a Property Owners Association park and subdivisions with
detached single-family homes. The Suburban Office (SO) category shall provide
for low intensity development of office or office parks in close proximity to lower
density residential areas to assure compatibility. A Planned Zoning District is
required. The Suburban Office land is mostly zoned with Planned Developments
with office uses on the south side of Kanis Road east of the Denny Road split. The
Neighborhood Commercial (NC) category includes limited small-scale commercial
development in close proximity to a neighborhood, providing goods and services
to that neighborhood market area. The land to the west is zoned C-1
(Neighborhood Commercial) and is vacant today. The other NC lands are at the
Stewart-Kanis Roads intersection, mostly zoned R-2 (Single Family District) and
single-family houses. But there is a C-1 (Neighborhood Commercial District)
parcel and a C-3 (General Commercial District) parcel in this area with businesses.
Master Street Plan: To the south is Kanis Road and it is shown as a Minor Arterial
on the Master Street Plan. To the east is Rahling Road and it is shown as a
Principal Arterial on the Master Street Plan. A Minor Arterial provides connections
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June 24, 2021
ITEM NO-: 7 (Cont.) FILE NO.: Z-9585
to and through an urban area and their primary function is to provide short distance
travel within the urbanized area. Entrances and exits should be limited to minimize
negative effects of traffic and pedestrians on Kanis Road since it is a Minor Arterial.
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 Rahling Road since it is
a Principal Arterial. These streets may require dedication of right-of-way and may
require street improvements for entrances and exits to the site.
Bic ale Plan: There is a Class I Bike Path is shown along Rahling 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). There is a Class II
Bike Route shown on Kanis Road. A Bike Lane provides a portion of the pavement
for the sole use of bicycles.
H. ANALYSIS:
The applicant proposes to rezone the 37 acre property located near the northwest
corner of Kanis Road and Rahling Road from "R-2" Single Family District to "PRD"
Planned Residential District. The rezoning is proposed to allow a 219 unit
multifamily development, as a gated community and independent living facility for
persons age 55 and over. All of the proposed residential units will be rental.
The applicant proposes to construct the 219 units in four (4) phases as follows:
Phase 1 — 52 units and clubhouse facilities
and associated parking area.
Phase 2 — 66 units
Phase 3 — 57 units
Phase 4 — 44 units
The proposed residential units will consist of one-story and two-story structures
and will range in size from 1,600 to 2,000 square feet. There will be several sizes
of structures; one-story duplex, one-story triplex, one-story quadplex and two-story
duplex structures. The building heights will not exceed 35 feet.
The applicant provided the following description of the proposed structures:
"The exterior of the buildings will painted brick, natural stone, hardie
board, and plaster. The roofs will be architectural shingles and the
windows, facia and soffit will be vinyl."
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June 24, 2021
ITEM NO.: 7 Cont. FILE NO.: Z-9585
The applicant provided the following additional information:
The development includes a 16,500 sq. ft., club house, swimming
pool, hot tub, fitness center, putting green, fire pits, several gazebo's,
a mile of sidewalks and alternative pedestrian paths."
The site will be accessed via a driveway with a median from Rahling Road, across
commonly owned property. The driveway will be gated, with a guard house. There
will be ample area for turnaround prior to reaching the gated portion of the
driveway.
The applicant is proposing an emergency secondary access road from Kanis Road
at the southeast corner of the property. The secondary access will be gated and
will be constructed to International Fire Code requirements.
The applicant is proposing two (2) monument -type signs at the entry drive from
Rahling Road. The maximum height of the signs will be six (6) feet, with maximum
areas of 32 square feet. The signs must be located at least five (5) feet back from
any property line.
The proposed project will include a six (6) foot high perimeter fence around the
entire site. The fence will be wrought iron construction with rock columns. In
addition, there will be six (6) foot high wood fences behind the individual residential
units.
The applicant notes that the project will comply with the City's minimum Landscape
and Buffer Ordinance requirements.
All site lighting must be low-level and directed away from adjacent properties.
City of Little Rock trash collection will be utilized for this project. The applicant has
indicated that a waiver of damage claims form for operations on private property
will be signed.
The applicant notes that they are working with the US Postal Service on the
proposed cluster mailbox locations within the gated project. The applicant notes
that the cluster mailbox units will be constructed in conformance with USPS and
City of Little Rock design standards and will be ADA accessible.
The applicant is requesting three (3) variances with the proposed application. The
first variance is a request to utilize pedestrian paths in combination with sidewalks
throughout the site. Staff supports this variance, subject to all pedestrian paths
being paved and ADA accessible, with paved access to the paths.
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June 24, 2021
ITEM NO.. T (Cont.) FILE NO.: Z-9585
The second variance is from Section 29-190 of the code. The section allows
slopes within developments steeper than 3:1 with required terracing. The applicant
is requesting to have slopes within certain areas of the site which will exceed 3:1
and have no terracing (along Kanis Road). Staff supports the requested variance,
subject to a "slope stability analysis" for all property slopes exceeding 3:1, prior to
the issuance of a grading permit for the project.
The last variance is to allow grading of the entire site with Phase I grading. Staff
supports this advance grading request based on the varying degrees of slope
throughout the site, to balance cut and fill quantities.
As of this writing, staff has identified several outstanding issues. These issues
need to be resolved prior to the application being heard by the Planning
Commission. Staff will attempt to have the issues resolved prior to the public
hearing. The outstanding issues are as follows:
• Secondary Emergency Access
The proposed secondary emergency access will exceed the required
10% maximum running slope. The proposed slope of the access
appears to be approximately 50% which exceeds the 10% maximum
as required by the International Fire Code. Staff cannot recommend
approval of exceeding the 10% maximum running slope without
approval from the Little Rock Fire Marshal.
• Retaining Wall Locations
The latest submitted grading and drainage plan shows a proposed
15 ft maximum retaining wall or terrace cut with an accompanying
favorable geotechnical engineering report. If a retaining wall is
constructed, the wall must be located so that no part of the wall
geogrid extends beyond the subject property line. If a terrace cut is
desired, Sec. 29-190(1)d states terrace cuts are limited to a
maximum 10 ft in height. A variance must be requested for the cut
terrace to exceed 10 ft in height.
a Stormwater Detention
The submitted grading and drainage plan does not show the location
of the on -site stormwater detention facility as required by City code
and the City of Little Rock Stormwater Management and Drainage
Manual. A request was initially submitted by the applicant requesting
the use of the stormwater storage volume from the Chenal Valley
Golf Course sub -regional detention facility in -lieu of providing an on -
site detention facility. Sec. 29-103(5) states the acquisition of
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June 24, 2021
ITEM NO.: 7 Cont. FILE NO.: Z-9585
regional or sub -regional detention sites and construction of such
detention facilities used as alternatives to on -site detention facilities
will be financed by the City of Little Rock. With the existing Chenal
Valley Golf Course sub -regional detention facility privately owned
and not maintained and financed by the City of Little Rock, the off -
site sub -regional detention facility cannot be used as an alternative
to an on -site facility.
V Central Arkansas Water Raw Water Line
Excavation and use of the Central Arkansas Water Lake Winona raw
water line is proposed with this development. Written approval from
Central Arkansas Water has not been provided. Written approval has
been provided from Entergy for the excavation and use of the
Entergy power line easement.
C Off -Site Drainage
The grading and drainage plan does not address stormwater
drainage onto the Neal B. Gordon property located at 18100 and
18104 Kanis Road. From the grading and drainage plan, it appears
undetained stormwater will drain from the subject property onto the
Neal B. Gordon property and possibly cause adverse effects.
• Kanis Road Improvements
The applicant is required to construct boundary street improvements
to Kanis Road adjacent to the subject property. The applicant
originally requested acceptance of an in -lieu payment for the Kanis
Road improvements. The request was denied due to existing traffic
volumes exceed 6400 vpd and a round -a -bout and street
improvements are proposed to be constructed in the near future just
to the west at the Kanis Road and Denny Road split. The applicant
has agreed to make boundary street improvements but has not
provided the timing of the construction of those improvements. The
applicant has also not shown any street improvements on the
submitted grading and drainage plan. Staff is very concerned that
necessary drainage improvements that conform with the Little Rock
Stormwater Management and Drainage Manual cannot be
constructed adjacent to Kanis Road due to the applicant cannot
obtain right-of-way or permission to work on the Neal B. Gordon
property to install drainage infrastructure to the creek crossing
located to the east.
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June 24, 2021
ITEM NO.: 7 [Cont.] FILE NO.: Z-9585
Staff believes the proposed development will be compatible with other
surrounding uses in this general area. However, staff cannot forward an approval
recommendation to the Planning Commission until the outstanding issues
associated with this proposed development have been resolved. Therefore, staff
recommends denial of the application.
STAFF RECOMMENDATION:
Staff recommends denial of the application.
PLANNING COMMISSION ACTION:
(JUNE 24, 2021)
Randy Alberius and Tim Daters were present, representing the application. There were
no objectors present. Staff presented the application, noting that all issues had been
resolved. Ilona Rossato, of the Engineering Division, made the following comments with
respect to resolution of the issues:
"At time of writing the agenda staff report, staff recommended denial of
the application due to several Civil Engineering items were outstanding
and not sufficiently addressed. Since the writing, those insufficiencies
have been addressed and no outstanding items remain.
The Little Rock Fire Marshal has approved a concrete or asphalt
secondary emergency access from Kanis Road to the site with up to a
11 % running slope. The slope transition from Kanis Road to the
emergency access must be constructed to prevent dragging by
emergency vehicles.
The applicant has agreed that no portions of the retaining walls will
extend beyond the property and a geotechnical report, prepared by a
licensed Geotech engineer, will be provided for all slopes that exceed
3:1. Vertical cut terraces will not exceed 10 ft in height.
The applicant has agreed that on -site stormwater detention will be
provided under the clubhouse parking lot to detain stormwater in
conformance with the City of Little Rock Stormwater Drainage and
Management Manual.
A written letter in support has been provided by Central Arkansas Water
for excavation and construction to occur within the Central Arkansas
Water Lake Winona raw water line easement following approval of
submitted plans.
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June 24, 2021
ITEM NO.: 7 Cont. FILE NO.: Z-9585
The applicant has provided a sketch grading and drainage plan showing
the delineation of stormwater runoff from the site improvements to be
installed to drain stormwater around the rear and within the existing
culvert in front of the Neil Gordon Property to the creek to the east.
Finally, the applicant has agreed to make Kanis Road improvements to
the Master Street Plan standards adjacent to the subject property at the
time of construction of Phases 2 and 3 of the development."
Staff provided the following revised recommendation:
"Staff recommends approval of the requested PRD zoning, subject
to compliance with the comments and conditions outlined in
paragraphs D, E and F, and the staff analysis, of the agenda staff
report and the resolution of the outstanding issues as presented."
There was brief additional discussion of the application. A motion was made to
approve the application as recommended by staff, including all staff comments and
conditions. The vote was 10 ayes, 0 nays, 0 absent and 1 open position. The
application was approved.
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