HomeMy WebLinkAboutPC Action Letter 072220 Approved with Conditions` Jr
Department 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
July 22, 2020
Holloway Engineering
Jess Griffin
200 Casey Drive
Maumelle, AR 72113
Re: File No. Z-5817-J
Cantrell West Restaurant Center Short -form PCD;
located at 15100-15122 Cantrell Road
Dear Mr. Griffin:
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
July 16, 2020:
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 18, 2020. The meeting begins at 6:00 p.m. and is held in the William Grant
Still Ballroom of the Robinson Center, 426 West Markham, Little Rock, AR 72201. If you
have any questions, please do not hesitate to contact me at 371-4792.
WRespecffore
Development Administrator
July 16, 2020
ITEM NO.: A FILE NO.: Z-5817-J
NAME: Cantrell West Restaurant Center Short -form PCD
LOCATION: 15100-15122 Cantrell Road
DEVELOPER:
Rees Commercial
11719 Hinson Road, Suite 130
Little Rock, AR 72212
501-223-9298
OWNER/AUTHORIZED AGENT:
KMS Legacy LLC & Rees Commercial /Owners
SURVEYOR/ENGINEER:
Holloway Engineering, Surveying & Civil Design, PLLC /Surveyor & Engineer
AREA: 3.102 acres
WARD: 5
CURRENT ZONING:
ALLOWED USES
NUMBER OF LOTS: 3 FT. NEW STREET: 0 LF
PLANNING DISTRICT: 1 CENSUS TRACT: 42.05
R-2, Single -Family Residential District and PD-O,
Planned Development -Office District
Single -Family Residential
PROPOSED ZONING: PCD, Planned Commercial Development
PROPOSED USE
VARIANCE/WAIVERS:
Restaurant with Drive-thru
1. Variance to allow reduced driveway separation and increased driveway widths.
2. Variance to allow lot sizes of less than two (2) acres.
3. Variance to allow reduced rear land use buffer width.
July 16, 2020
SUBDIVISION
ITEM NO.: A (Cont.) FILE NO.: Z-5817-J
BACKGROUND:
A development consisting of three restaurants with drive-thrus and associated off-street
parking is proposed for this property located within the Highway 10 Scenic Corridor
Overlay. This property is undeveloped and zoned POD and R-2.
The western most portion abutting Rummel Road was the subject of a withdrawn
application for a POD for the construction of a tattoo artist studio submitted earlier this
year. The eastern two-thirds has been the subject of several zoning requests. The most
recent of which approved a now expired medical office/clinic.
A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT:
This project consists of 3 lots. Each lot is to be developed with a restaurant with a
drive thru.
B. EXISTING CONDITIONS:
The property is undeveloped and wooded with frontage along both Cantrell Road
and Rummel Road.
A restaurant with a drive-thru was recently constructed to the east. More intense
office and commercial development extends eastward along Cantrell Road.
A large undeveloped parcel of more than 40-acres zoned R-2 is situated to the
north. Further north is a single-family subdivision.
The properties immediately west across Rummel Road are undeveloped. Further
west are several single-family homes.
A city park is located south across Cantrell Road. Also, there is a single-family
subdivision abutting Cantrell Road.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has received several comments from neighbors on this
request. Concerns have been raised regarding the intensity of use, the addition of
commercial traffic onto Rummel Road, and general traffic issues on Cantrell Road.
Notice of the public hearing was sent to all owners of properties located within
200 feet of the site and the Pinnacle Valley, Westchester, and Tulley Cove
neighborhood associations.
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July 16, 2020
SUBDIVISION
ITEM NO.: A (Cont.) FILE NO.: Z-5817-J
D. ENGINEERING COMMENTS:
1. Cantrell Rd is classified on the Master Street Plan as a principal arterial.
Dedication of right-of-way to 55 feet from centerline will be required.
2. Due to the proposed use of the property, the Master Street Plan specifies that
Rummel Road for the frontage of this property must meet commercial street
standards. Dedicate right-of-way to 30 feet from centerline.
3. A 20 feet radial dedication of right-of-way is required at the intersection of
Rummel Road and Cantrell Road.
4. Obtain permits for improvements within State Highway right-of-way from
AHTD, District VI.
5. Sidewalks with appropriate handicap ramps are required to be constructed
along Cantrell Road in accordance with Sec. 31-175 of the Little Rock Code
and the Master Street Plan.
6. With site development, provide design of street conforming to the Master
Street Plan. Construct one-half street improvement to Rummel Road
including 5-foot sidewalks with planned development. The new back of curb
should be placed 18 ft. from center of the street. Show on plans the additional
widening required on Rummel Road north of the driveway to the north
property line.
7. Driveway locations and widths do not meet the traffic access and circulation
requirements of Sections 30-43 and 31-210. The lots must share a single
driveway access centered on the property line. The width of driveway must
not exceed 36 feet. Variance must be request for driveways located closer
than 300 ft. from other driveways and intersections and closer than 150 ft.
from a side property line. A variance is also required by driveways that
exceed 36 ft. in width.
8. Repair or replace any curb, gutter, sidewalk and access ramps that are
damaged and not in compliance with ADA recommendations in the public
right-of-way prior to occupancy.
9. 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. Is a land alteration variance
requested to advance grade the entire property with construction on the
first lot?
10. Provide a Sketch Grading and Drainage Plan per Sec. 29-186 (e).
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July 16, 2020
SUBDIVISION
ITEM NO.: A (Cont.
FILE NO.: Z-5817-J
11. Storm water detention ordinance applies to this property. Show the proposed
location for stormwater detention facilities on the plan. Maintenance of the
detention pond and all private drainage improvements is the responsibility of
the developer and/or property owners association.
12. If disturbed area is 1 or more acres, obtain a NPDES storm water permit from
the Arkansas Department of Environmental Quality prior to the start of
construction.
13. 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.
14. Retaining walls designed to exceed 15 ft. in height are required to seek a
variance for construction. Provide proposed wall elevations.
15. Prior to construction of retaining walls, an engineer's certification of design
and plans must be submitted to Planning and Development for approval.
After construction, an as -built certification is required for construction of the
retaining wall.
16. Submit a Traffic Impact Study for the proposed project. Study should address
trip generation and trip distribution for the development and also should take
into account existing and projected traffic growth.
17. Provide a letter prepared by a registered engineer certifying the intersection
sight distance at the intersection(s) comply with 2004 AASHTO Green Book
standards. Particular consideration should be made on the Rummel Road
driveway.
E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING:
Little Rock Water Reclamation Authority:
Sewer main extension required with easements if new sewer service is required
for Lot 3 on this project.
FOG Analysis required.
Entergy
Entergy does not object to this proposal. Entergy has 3-phase power available on
south side of proposed development. There does not appear to be any conflicts
with existing electrical utilities at this location. Contact Entergy in advance to
El
July 16, 2020
SUBDIVISION
ITEM NO.: A (Cont.) _ FILE NO.: Z-5817-J
discuss electrical service requirements, or adjustments to existing facilities (if any)
as this project proceeds.
CenterPoint Energy: No comment.
AT & T: No comment received.
Central Arkansas Water:
All Central Arkansas Water requirements in effect at the time of request for water
service must be met.
The Little Rock Fire Department needs to evaluate this site to determine whether
additional public and/or private fire hydrant(s) will be required. If additional fire
hydrant(s) are required, they will be installed at the Developer's expense.
Provide a 10-foot utility easement along the road frontage of Cantrell and Rummel
Roads.
A Capital Investment Charge based upon 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.
Please submit plans for water facilities and/or fire protection system to Central
Arkansas Water for review. Plan revisions may be required after additional review.
Contact Central Arkansas Water regarding procedures for installation of water
facilities and/or fire service. Approval of plans by the Arkansas Department of
Health Engineering Division and Little Rock Fire Department is required.
The facilities on site will be private. When meters are planned off private lines,
private facilities shall be installed to CAW'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.
Due to the nature of this facility, installation of an approved reduced pressure zone
backflow preventer assembly (RPZ) is required on the domestic water service.
This assembly must be installed prior to the first point of use. CAW requires that
upon installation of the RPZA, successful tests of the assembly must be completed
by a Certified Assembly Tester licensed by the State of Arkansas and approved by
CAW. The test results must be sent to CAW's Cross Connection Section within
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.
5
July 16, 2020
SUBDIVISION
ITEM NO.: A (Cont.) FILE NO.: 2-5817-J
Fire sprinkler systems which do not contain additives such as antifreeze shall be
isolated with a double detector valve assembly. If additives are used, a reduced
pressure backflow preventer shall be required.
Fire Department:
Full plan review
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.
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.
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
(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 comment received
County Planning: No comment received.
n.
July 16, 2020
SUBDIVISION
M NO.: A (Cont.) FILE NO.: Z-5817-J
F. BUILDING CODES/LANDSCAPE:
Building Code:
Project is subject to full commercial plan review and approval prior to issuance of
a building permit. For information on submittal requirements and the review
process, contact a commercial plans examiner:
Curtis Richey at 501.371.4724; crichey a4littlerock.gov or
Steve Crain at 501-371-4875; scrain@littlerock.cJov
Landscape:
Site plan must comply with the City's minimal landscape and buffer ordinance
requirements and the Highway 10 Scenic Corridor Overlay District.
2. The Highway 10 frontage (front yard) shall consist of a minimum of forty (40)
feet of landscaped area exclusive of right-of-way. The landscaped area shall
contain organic and/or combined man-made/organic features such as berms,
brick walls and dense plantings such that vehicular use areas are screened
when viewed from an elevation of forty-two (42) inches above the elevation of
the adjacent street. Trees shall be planted or be existing at least every twenty
(20) feet and have a minimum of two (2) inches in diameter when measured
twelve (12) inches from the ground at time of planting. Provide screening
shrubs no less than thirty (30) inches in height at installation with an average
linear spacing of not less at three (3) feet within the required landscape area.
The Highway 10 Scenic Corridor Overlay District requires a minimum
development tract size of not less than two (2) acres.
3. A land use buffer six (6) percent of the average width / depth of the lot will be
required when an adjacent property has a dissimilar use of a more restrictive
nature. The property to the north is zoned R2. As a component of all land use
buffer requirements, opaque screening, whether a fence or other device, a
minimum of six (6) feet in height shall be required upon the property line side
of the buffer. A minimum of seventy (70) percent of the land use buffer shall be
undisturbed. Easements cannot count toward fulfilling this requirement. The
plantings, existing and purposed, shall be provided within the landscape
ordinance of the city, section 15-81.
4. Rear and side yards shall have a landscaped buffer averaging a minimum of
twenty-five (25) feet from the property line.
7
July 16, 2020
SUBDIVISION
ITEM NO.: A (Cont.) FILE NO.: Z-5817-J
Rear and east side yards are deficient.
5. A perimeter planting strip is required along any side of a vehicular use area that
abuts adjoining property or the right-of-way of any street. This strip shall be at
least nine (9) feet wide. One (1) tree and three (3) shrubs or vines shall be
planted for every thirty (30) linear feet of perimeter planting strip.
6. Building landscape areas shall be provided at the rate equivalent to planter strip
three (3) feet wide along the vehicular use area. One (1) tree and four (4)
shrubs shall be planted in the building landscape areas for each forty (40) linear
feet of vehicular use area abutting the building.
7. Eight percent (8%) of the vehicular use area must be designated for green
space; this green space needs to be evenly distributed throughout the parking
area(s). The minimum size of an interior landscape area shall be one hundred
fifty (150) square feet for developments with one hundred fifty (150) or fewer
parking spaces. Interior islands must be a minimum of seven and one half
(7 1/2) feet in width. Trees shall be included in the interior landscape areas at
the rate of one (1) tree for every twelve (12) parking spaces.
8. A landscape irrigation system shall be required as per Highway 10 site design
and development standards.
G. TRANSPORTATION/PLANNING:
Rock Region Metro: No comment received.
Planning Division: The request is in the River Mountain Planning District. The
Land Use Plan shows Suburban Office (SO) for the requested area. The Suburban
Office 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 application is to change from R-2
(Single -Family District) and PDO (Planning Development Office) District to PCD
(Planned Commercial Development) District to allow for the construction of 3 drive -
through restaurants with associated drives, etc. The site is within the Highway 10
Design Overlay District.
Master Street Plan: To the south is Cantrell Road and it is shown as a Principal
Arterial on the Master Street Plan. To the west is Rummel Road and it 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
0
July 16, 2020
SUBDIVISION
ITEM NO.: A (Cont.) FILE NO.: Z-5817-J
pedestrians on Cantrell Road since it is a Principal Arterial. The primary function
of Local Streets 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". These streets may require dedication
of right-of-way and may require street improvements for entrances and exits to the
site.
Bicycle Plan: There is a Class I Bike Path 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).
H. SUBDIVISION COMMITTEE COMMENT:
March 11, 2020
The applicant was present. Staff presented the item to the committee.
Planning staff requested information on the proposed freestanding sign
dimensions and the proposed building signage, as well as the location and details
on any drive-thru signage or menu boards. The maximum building height was
requested and information on dumpster screening and any proposed building
elevations or facade materials.
Engineering indicated half -street improvements conforming to the Master Street
Plan for Rummel Road would be required with the development of the site. The
improvements would include a 5-foot sidewalk. It was inquired if an advanced
grading variance was requested to grade the entire site with initial construction.
A sketch grading and drainage plan was requested. Any retaining wall exceeding
15-feet in height would require a variance. A Traffic Impact Study was to be
submitted for the proposed project addressing trip generation and distribution for
the development and taking into account existing and projected traffic growth.
A letter from a registered engineer certifying the intersections comply with 2004
AASHTO Green Book standards is needed, of particular interest is the intersection
of the driveway from Rummel Road.
Landscape comments were generally in regard to the Highway 10 Scenic Corridor
Overlay. It was noted the minimum parcel size is 2-acres and that the proposed
rear and east side landscaping buffer yards were insufficient.
The applicant was advised responses and revisions are to be received by
March 18, 2020. The committee forwarded the item to the full commission.
E
July 16, 2020
SUBDIVISION
ITEM NO.: A (Cont.) _ FILE NO.. Z-5817-J
ANALYSIS:
The applicant provided additional information and a revised site plan to staff after
the Subdivision Committee meeting. The response appears to address most of
the issues as raised by staff.
The applicant proposes to subdivide the subject property into three (3) lots for the
development of three (3) restaurants with drive-thru service. The lots will range
from 0.87 acre to 1.141 acres in size. Section 36-346(a) of the City's Zoning
Ordinance requires a minimum lot size of two (2) acres for lots in the Highway 10
Design Overlay District. The applicant is requesting a variance from this standard.
The proposed restaurant buildings will range in size from 2,268 square feet to
3,800 square feet. Each restaurant will have a drive thru window on the building's
west side. Menu boards will be located on the north side of the two (2) easternmost
buildings and the east side of the westernmost building. Each building will have a
height not exceeding 35 feet. The building elevations and fagade materials are not
known at this time, and will depend on the type/brand of restaurants which will
locate on the sites in the future.
The project includes construction of three (3) driveways, two (2) from Cantrell Road
and one (1) from Rummel Road. The two (2) driveways from Cantrell Road are
proposed to be 40 feet wide, with the driveway from Rummel Road having a width
of 28 feet. Variances are requested to allow reduced driveway spacing and
increased driveway width (see Engineering comment #7).
The applicant is proposing 33 parking spaces for Lot 1, 30 parking spaces for Lot
2 and 44 parking spaces for Lot 3. Lot 1 is five (5) spaces short of the typical
ordinance requirement of one (1) parking space for each 100 square feet of gross
floor area. The overall number of parking spaces for all three (3) lots combined
meets and exceeds the typical ordinance requirement.
The applicant proposes to locate one (1) monument type sign along the Cantrell
Road frontage for each lot. Each sign will conform with the Highway 10 Design
Overlay District standards; maximum height of six (6) feet and maximum area of
72 square feet. All wall signage will conform with the typical commercial zoning
standards.
Section 36-522 (b) (3) requires a minimum land use buffer width of 25 feet along
the north and east property lines. The applicant is providing a 15 foot wide buffer
along the north property line and a 25 foot wide buffer along the east property line.
The applicant is requesting a variance to allow a reduced buffer width along the
north property line. A retaining wall will be located within the north buffer area.
10
July 16, 2020
SUBDIVISION
ITEM NO.: A (Cont.) FILE NO.: Z-5817-J
A dumpster area will be located inside the north buffer area on each of three (3)
lots. Each dumpster area will have masonry screening as per ordinance
requirements.
Engineering has requested a Traffic Impact Study for the proposed project. As of
this writing, the applicant has not submitted the study. Staff will attempt to have
this issue resolved prior to the public hearing.
PLANNING COMMISSION ACTION: (MAY 14, 2020)
The applicants were not present. There were no other persons registered in
attendance. Staff presented the item and the recommendation of deferral. There
was no further discussion. The item was placed on the consent agenda and
proved for deferral to the next scheduled meeting. The vote was 10 ayes, 0 noes
and 1 absent.
STAFF UPDATE:
The applicant submitted a Traffic Impact Study to staff as requested. Traffic
Engineering has reviewed The Traffic Impact Study and provided the following
comments:
The Traffic Study indicates that the site can accommodate drive-thru traffic.
However the following conditions should be in place in case problems occur
during peak hours:
Drive-thru queuing should be accommodated within the site. If queuing
extends onto public roadways at any time, measures must be taken to
prevent such queuing (measures such as restaurant staff taking orders inside
the parking lot and delivering food to customers).
• All striping shall conform to MUTCD guidelines.
It was noted that ARDOT future roadway improvement plans may affect full
driveway access.
The applicant is also requesting a variance to advance grade the entire site with
the development of the first lot. Staff supports the variance request.
Cantrell Road (Arkansas Highway 10) is controlled, maintained, and permitted by
the Arkansas Dept. of Transportation (ARDOT). ARDOT has reviewed the plans
11
July 16, 2020
SUBDIVISION
ITEM NO.: A (Cont.) FILE NO.: Z-5817-J
and the proposed street improvements and driveways can be permitted as shown
on the site plan in conformance with ARDOT standard details. A right-of-way
permit application must be submitted to ARDOT for the street improvements and
driveways prior to issuance of the building permit. Based on ARDOT's
recommendation, staff recommends approval of the variances for the proposed
driveway spacing and widths.
To staff's knowledge there are no outstanding issues associated with this
application. It appears that all technical issues have been addressed. Staff is
supportive of the requested PCD rezoning. The proposed PCD represents a
continuation of the zoning and use pattern along the north side of Cantrell Road,
east of Rummel Road.
STAFF RECOMMENDATION:
Staff recommends approval of the requested PCD rezoning, including variances
for reduced driveway spacing, reduced lot sizes, reduced land use buffer and
advance grading, subject to the following conditions:
1. Compliance with the comments and conditions outlined in paragraphs D, E and
F, and the staff analysis, of the staff report.
2. Drive-thru queuing should be accommodated within the site. If queuing
extends onto public roadways (i.e. Hwy. 10) at any time, measures must be
taken to prevent such queuing (measures such as restaurant staff taking orders
inside the parking lot and delivering food to customers).
3. ARDOT future roadway improvement plans may affect full driveway access.
4. All striping shall conform to MUTCD guidelines.
5. ARDOT AR-1 standard detail for driveways should be used for design and
permit submittal application of the proposed driveways for the development
accessing Cantrell Road to ARDOT prior to issuance of a building permit.
6. All street improvements and driveway construction must be completed prior to
the issuance of a Certificate of Occupancy for construction of the first lot.
12
July 16, 2020
UBDIVISION
ITEM NO.: A_{Cunt.} FILE NO.: Z-5817-J
PLANNING COMMISSION ACTION:
(JULY 16, 2020)
John Rees, Ernie Peters, and Jess Griffin were present, representing the application.
There were eight (8) objectors present. Staff presented the application with a
recommendation of approval subject to conditions.
James Brown addressed the Commission in opposition of the application. He expressed
concerns related to the Highway 10 Land Use Plan; the Site Design and Development
Standards of Highway 10 Scenic Corridor Overlay; and the traffic access and circulation
requirements. He briefly explained a self -study of the risk of traffic incidents and the future
land use plan.
Richard Stokes addressed the Commission in opposition of the application. He briefly
expressed concerns regarding the impact of four (4) interfaces within one -tenth of a mile
along Cantrell Road, the reduction of the distance between the proposed driveways, and
the allowance of advanced grading for landscape. He made a request for a copy of the
Traffic Study and the hours of operations.
Lee Majors addressed the Commission in opposition of the application. He expressed
concerns for the number of variances associated with the proposed development. He
referenced the availability of more suitable commercial sites along Cantrell Road.
Ken Harrison addressed the Commission in opposition of the application. He expressed
concerns related to the type of development proposed for the current zoning classification
and the availability of commercial nodes within the area.
Grey Williams addressed the Commission in opposition of the application. He expressed
concerns for the lot -size variances, sight -distance for the west driveway (Rummel Road
access point), potential flooding from creek in the Westchester Subdivision. He explained
the increase of traffic on Cantrell Road will force the flow of traffic to the Rummel Road
access.
John Rees addressed the Commission in support of the application. He explained the
attraction for commercial and retail developers is for high -traffic, heavily traveled roads
such as Cantrell, Kanis, Chenal, and Markham which account for 20% of development in
the city. He briefly expressed that commercial and retail developments are in higher
demand than office development.
Ernie Peters, Traffic Engineer, addressed the Commission in support of the application.
He explained that the two (2) Cantrell Road driveways are primary access points and the
one (1) Rummel Road driveway is intended as a convenience point -of -access. To
address the relevant opposing points, he stated that the width between the two (2)
driveways on Cantrell Road meet the ARDOT standards of 230 feet. With the ARDOT
continued expansion project for Highway 10, the Cantrell driveways would convert to
right -in and right -out only drives.
John Rees addressed the concerns related to the driveway located to the west of the
property by inserting that the proposal includes street improvements along Rummel Road.
13
July 16, 2020
SUBDIVISION
ITEM NO.: A (Cont.) FILE NO.: Z-5817-J
Jess Griffin, Engineer of Record, addressed the Commission in support of the application.
He explained that each of the lots were evenly divided with significant landscape (i.e.,
37%); the reduction of the number of the existing Cantrell Road driveways from three (3)
to two (2); a dedicated right-of-way of 55 feet; and the increased width of the driveway on
Rummel Road.
Grey Williams offered rebuttal for all driveway access points and the proximity of the first
residential property on Rummel Road. He emphasized the right -in and right -out turns
from Cantrell Road and the need to reduce the number of driveways within the proposal.
Jimmy Brown offered rebuttal for proximity of his residential driveway to the driveway on
Rummel Road. He expressed that the distance is approximately 200 feet.
John Rees defended the need for commercial and retail developments along Cantrell
Road. He expressed that the Highway 10 Overlay District influences delayed
developments for Cantrell Road with high traffic volume of more than 35,000 cars
per day.
Commissioner Craig Berry inquired about the number of parcels within the Highway 10
Overlay District which did not meet the minimum development tract size of not less than
two (2) acre requirement for commercial developments. He expressed concerns for the
number of variances requested for the proposal by questioning the influence of the
proposal's use and dynamics on the need for the significant number of variances.
Commissioner Berry stated he would not support the application.
Director Collins addressed Commissioner Berry's inquiry regarding the minimum
development tract size. He briefly explained Section 3. Paragraph D, Site Design and
Development Standards of Ordinance No. 15, 965 (November 20, 1990), an ordinance to
reduce the Highway 10 Land Use Plan's Lot Size from 3 acres to 2 acres. He briefly
explained the minimum -lot exception for Lots of Records established prior to the amended
ordinance. Director Collins confirmed that there are 121 lots within the Highway 10
Overlay District which are less than 3 acres.
Commissioner Todd Hart inquired of the details regarding the previous proposal for
zoning and use and the neighbors' opposition or support of each proposed development.
Director Collins explained that an application (i.e., Z-9493) for proposed zoning of
Planned Office Development (POD) with a proposed use for Tattoo Art Studio and
General Professional Offices was filed. However, the staff received a request to withdraw
the item without prejudice (February 18, 2020).
Grey Williams affirmed that after all the opposing neighbors spoke directly with the
applicant to explain the proposed use is not, the applicant agreed to contact the Planning
and Development Office to officially withdraw the application.
Commissioner Robby Vogel raised the point of an imminent need to access the Highway
10 Overlay District considering the current demand for service -oriented developments
versus the demand for the office space.
14
July 16, 2020
SUBDIVISION
ITEM NO.: A (Cont.) FILE NO.: Z-5817-J
Commissioner Diana Thomas expressed concern for the over -development of the
property and the impending traffic issues for the neighbors. As a member of the
Birchwood Community, she has experienced the inconveniences of commercial
development near residential zoning. For this reason, she would not support the
application.
Commissioner Derick Brooks expressed concerns regarding the current COVID-19
economic environment and its effects on commerce within the city as it relates to the
Highway 10 Overlay District. He suggested a review its current standards to access the
type of developments allowed within this design overlay district.
Commissioner Harold Betton inquired if the number of variances would be different based
on the type of business proposed for development.
There was a motion to approve the application as recommended by the staff, including
all staff comments and conditions. The motion was seconded. The vote was 7 ayes,
3 nays, and 1 absent.
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