Loading...
HomeMy WebLinkAboutPC Action Letter - Denied As Submitted 030222Department 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 February 16, 2022 Bartlett Architecture Marcus McNeice 603 Hwy. 5 North Benton, AR 72019 Re: File No. Z-9640 PB General Holdings — PD-C Dear Mr. McNeice: 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 February 10, 2022: X Approved with conditions. Recommended approval with conditions. Recommended approval as submitted. Denied your request as submitted. Deferred to the Other: Meeting. If you have any questions please do not hesitate to contact me at 371-4792. Respectfully, Monte Moore Development Administrator February 10, 2022 ITEM NO.: E FILE NO.: Z-9640 NAME: PB General Holdings — PD-C LOCATION: 1105 Fair Park Blvd. DEVELOPER: PB General Holdings, LLC 1 Remington Drive, Suite 100 Little Rock, AR 72204 OWNER/AUTHORIZED AGENT: Blew & Associates, P.A. 6511 Heilman Court North Little Rock, AR 72118 SURVEYOR/ENGINEER: Blew & Associates, P.A. 6511 Heilman Court North Little Rock, AR 72118 AREA: 1.00 acre WARD: 2 CURRENT ZONING NUMBER OF LOTS: 1 PLANNING DISTRICT: 9 FT. NEW STREET: 0 LF CENSUS TRACT: 18 R-3 (Single-family Residential District) VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT: The applicant is requesting a rezoning from R-3, Single-family District to PD-C, Planned District — Commercial, to allow the development of three (3) tracts totaling approximately 1.0 acre on the southeast corner of Fair Park Blvd. and W. 11tn Street, to allow for the development of a 9,100 square foot general merchandise retail store. February 10, 2022 ITEM NO.: E (Cont.) FILE NO.: Z-9640 B. EXISTING CONDITIONS: The site is undeveloped and includes several mature trees located primarily on Lot 1 and sparsely on Lot 2 and Lot 3. A single-family residence previously located on the southeast corner of Fair Park Blvd. and W. 11th Street has been demolished. There is an existing driveway apron located on the southwest corner of S. Tyler Street and W. 11th Street. North of the site includes a mixture of residential and commercial uses and zoning. Properties to the south, east and west include a mixture of commercial and office uses and zoning. 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. W. 11th Street is classified as a local street per Master Street Plan. Boundary street improvements are required for this development. Per City Rev. Code Section 30-281, boundary street improvements shall include, but not be limited to, reconstruction of one-half section of the abutting street if the existing street is not up to city standards. Repair, replace, or extend existing damaged, missing, and noncompliant curb and gutter, sidewalk, access ramps or concrete driveway aprons within the public right-of-way adjacent to the site. Remove abandoned driveway cuts and replace with curb, gutter, and sidewalk. All work within the public right-of-way shall conform to City of Little Rock Public Works Standard Details and ADA guidelines. 2. Per City Rev. Code Section 31-210, proposed driveway widths exceed maximum allowed. A variance request will be needed to implement proposed driveways as shown on the site plan. 3. Provide a separate Sketch Grading and Drainage Plan per Sec. 29.186(e). 4. Any work involving one (1) or more acres of disturbed area requires a State of Arkansas NPDES permit. Contact the Arkansas Department of Environmental Quality, NPDES branch at 501-682-0744 for applications and information about General Stormwater Discharge Construction Permit #ARR150000. 5. A grading permit must be obtained prior to initiation of work. Grading Permit applications are found at httios://www.littlerock.-gov/city-adminstration/city- deartmentsl ublic-works/a lications-details-and-manuals/. Grading permits are issued by the Planning and Development Dept. at 723 West Markham Street after approval of sediment and erosion control plans and soil loss calculations. Contact Planning and Development Dept., Civil 4 February 10, 2022 ITEM NO.: E (Cont.) FILE NO.: Z-9640 Engineering Private Development at 501-371-4817 or at 501-918-5348 or Permitsn,littlerock.gov to schedule an appointment for issuance or to answer any questions. Permit cost is based on total project area at $100.00 for the less than '/2 acre, $200.00 for to 1 acre, and $200.00 for the first acre and $100.00 for each additional acre for project greater than 1 acre. 6. Retaining walls 4 feet or more in height, measured from the bottom of the footing/leveling layer, will require plan and profile sheets, retaining wall design calculations, and an engineer's certification found on the City of Little Rock's website htt s://www.littlerock. ov/cit-adminstrationlcit -de artmentsf ublic- worksfapplications-details-and-man uals/. 7. Provide a drainage study with detailed drainage calculations for the site including all stormwater detention and conveyance facilities. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: No comments received. Enter : No comments received. CenterPoint Energy: No comments. AT & T: No comments received. Central Arkansas Water: No comments. 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 10103.2 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. 3 February 10, 2022 ITEM NO.: E (Cont.) FILE NO.: Z-9640 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. Commercial and Industrial Developments — 2 means of access. - Maintain fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section 13104.1 Buildings exceeding three stories or 30 feet in height. Building or facilities exceeding 30 feet or three stories in height shall have at least two means of fire apparatus access for each structure. Section 13104.2 Building exceeding 62,000 square feet in area. Buildings or facilities having a gross building area of more than 62,000 square feet shall be provide with two separate and approved fire apparatus access roads. Exception: Projects having a gross building area of up to 124,000 square feet that have a single approved fire apparatus access road when all building are equipped throughout with approved automatic sprinkler systems. 13104.3 Remoteness. Where two fire apparatus access roads are required, they shall be placed a distance apart equal to not less than one half of the length of the maximum overall diagonal dimension of the lot or area to be served, measured in a straight line between accesses. 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 Fire Marshal Derek N. Ingram 501-918-3756 Number and Distribution of Fire Hydrants as per Table C105.1. Parks and Recreation: No comments received. County Planning: No comments. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. 4 February 10, 2022 ITEM NO.: E Cont. FILE NO.' Z-9640 Landscape: 1. Any new site development must comply with the City's minimal landscape and buffer ordinance requirements. 2. Street buffers will be required at six (6) percent of the average depth of the lot. The minimum dimension shall be one-half ('/2) the full width requirement but in no case be less than nine (9) feet. The street buffers are deficient. The property is approximately 130 feet in width. A minimum 7.8-foot buffer is required adjacent to the W. 11th Street right-of-way. The property is approximately 275- feet in length. A minimum 16.5-foot buffer is required adjacent to the S Tyler Street right-of-way. 3. 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. A twenty-five (25) percent reduction of the landscape provisions can be taken for developments within mature areas. In these areas it is allowable for perimeter planting strips to be a minimum of six (6) feet nine (9) inches wide. One (1) tree and three (3) shrubs or vines shall be planted for every thirty (30) linear feet of perimeter planting strip. The north perimeter landscape strip adjacent to the W. 11th Street right- of-way is deficient. 4. Screening requirements will need to be met for the vehicular use areas adjacent to street rights -of -way. Provide screening shrubs with an average linear spacing of not less at three (3) feet within the required landscape area. Provide trees with an average linear spacing of not less than thirty (30) feet. 5. 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. 6. 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 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. 7. An automatic irrigation system to water landscaped areas shall be required for developments of one (1) acre or larger. 5 February 10, 2022 ITEM NO.: E (Cont.) FILE NO.: Z-9640 8. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. TRANS PORTATIONIPLANNING: Rock Region Metro: No comments. Planning Division: The request is in the Chenal District. The Land Use Plan shows Suburban Office (SO) for the requested area. 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 application is to rezone from R-2 (Single Family District) to PDC (Planned Development Commercial) District to allow for the development of a carwash on the site. The application area is within the Highway 10 Design Overlay District. If this application is approved by the Board of Directors, a review of the Land Use Plan in this vicinity should be conducted by the Plans Committee. Surrounding the application area, the Land Use Plan shows Suburban Office (SO) to the west and south. Mixed Use (MX) is shown beyond the SO to the west with Residential High Density (RH) beyond the SO to the south. Commercial (C) is shown on the Land Use Plan to the east of the application area. Across Cantrell Road to the northeast is Commercial, to the northwest is Mixed Use and immediately north is Public Institutional (PI). 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. The areas shown for Suburban Office currently have single-family houses on them. The Mixed Use (MX) 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 area shown for Mixed Use both south and north of Cantrell Road (west of the application area) has restaurants, a daycare, liquor store single-family house and auto related retail. The Residential High Density (RH) category accommodates residential development of more than twelve (12) dwelling units per acre. This property is developed with an apartment complex (The Ridge at Chenal Valley Apartments). 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 tract east of the application area has a single-family house on it with C-3, General Commercial District zoning. The property north of Cantrell Road is partially developed with a midrise tower, corporate banking headquarters. Multiple A February 10, 2022 ITEM NO.: E (Cont.) FILE NO.: Z-9640 additional buildings with both office and commercial uses are planned for this site, which extends on to lands shown as Public Institutional (former church site). Master Street Plan: The north is Cantrell Road, 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 Cantrell Road since it is a Principal Arterial. 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 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. ANALYSIS: The applicant proposes to rezone the one (1) acre property located at 1105 Fair Park Boulevard from "R-Y Single-family to "PD-C" Planned District — Commercial. The property is located at the southeast corner of Fair Park Boulevard and W. 11th Street. The rezoning is requested to allow for a single building general merchandise retail development. The applicant proposes to develop a 9,100 square feet general merchandise retail store on approximately one (1) acre. The proposed building will be located over 40 feet from the front (north) property line, 4.33 feet from the rear (south) property line, 16.6 feet from the west side property line and over 80 feet from the east side property line. The applicant has provided and requests approval of a plat combining three (3) parcels into one commercial lot. Proposed access to the site will be from one (1) 45 feet wide driveway along W. 11th Street and a second access via one (1) 36 feet wide driveway along S. Tyler Street. The applicant does not propose any access to the site from Fair Park Boulevard. The site will be developed in one (1) phase. The applicant is proposing thirty (30) parking spaces on the north and east sides of the proposed building. A minimum of 22 parking spaces is typically required by the City's Zoning Ordinance. Staff believes the proposed parking will be sufficient to serve the proposed development. All parking must comply with ADA standards. The applicant notes all sight lighting will be low-level and directed away from adjacent properties. 7 February 10, 2022 ITEM NO.: E Cont.) FILE NO.: Z-9640 The applicant proposes a 3.5 foot tall retaining wall along the north, west and south property lines not including access from West 11th Street. No retaining wall is proposed along the east property line along S. Tyler Street. The applicant notes a 6.9 foot street buffer adjacent to the W. 11th Street right-of- way. Typically a 7.8 foot buffer is required by Code adjacent to the 11th Street right-of-way. A dumpster is located in the eastern portion of the property fronting S. Tyler Street. All screening must comply with Section 36-523(d) of the City's Zoning Ordinance. Any signage located on the site must conform to Section 36-555 of the City's Zoning Ordinance. Staff is supportive of the requested PD-C zoning to allow the proposed commercial development. Staff views the request as reasonable. To staffs knowledge, there are no outstanding issues associated with this application. Staff feels the development of the site is appropriate. The proposed commercial use will be compatible with the surrounding properties. A mixture of commercial zoning and uses exists to the south, southeast and southwest along W. 12th Street. Commercial zoning and a large church development is located across Fair Park Boulevard to the west. Office zoning is located to the east across S. Tyler Street. Single-family residences are located across W. 11th Street to the north. A full service grocery store (Target) is located within one (1) mile (walking distance) of this site. The City's Future Land Use Plan designates this area to the north as "MV Mixed Use, which can include future office and commercial uses. STAFF RECOMMENDATION: Staff recommends approval of the requested PD-C 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. PLANNING COMMISSION ACTION: (DECEMBER 9, 2021) Staff informed the Commission that the applicant failed to send the required notifications to surrounding property owners. Staff recommended the application be deferred to the January 13, 2022 agenda. The item was placed on the Consent Agenda and deferred as recommended by staff. The vote was 9 ayes, 0 nays and 2 absent. I February 10, 2022 ITEM NO.: E Cont. FILE NO.: Z-9640 PLANNING COMMiSSIGN ACTION: (FEBRUARY 10, 2022) The applicant was present. There were persons registered in opposition. Staff presented the item and a recommendation for approval as outlined in the "staff recommendation" above. The applicant deferred to the registered opposition. Eric Gilmore addressed the Commission in opposition to the application. He expressed concerns regarding the lack of availability of fresh produce and other healthy food options being available in dollar stores south of 1-630, the impact dollar stores resulting in the driving out grocery stores and the tendency of dollar stores being located in food deserts. Ingrid Green, President of the University District Neighborhood Association (UDNA), addressed the Commission in opposition to the application. She expressed concerns regarding referenced US Census data identifying the percentage of dollar stores in communities populated by persons of color and the City's Land Use Plan. She expressed she does not oppose development, other business in the area that a good fit and future developments the neighborhood deems a good fit. Paxton Singleton was present, representing the application. He stated the proposed Dollar General will include approximately sixteen (16) square feet of fresh produce and coolers containing healthy food options. He also mentioned Dollar General has scaled up the availability of fresh produce in its stores in general, how prices are more reasonable than area grocery and drug stores and how Dollar General Stores are expanding fresh produce at a higher rate than grocery stores. He also referenced how USDA data supports his comments. The Commission asked a question regarding the sixteen (16) square feet dedicated to fresh produce planned for this Dollar General and how competitive Dollar General's store prices are versus grocery stores. The applicant replied that approximately sixteen (16) square feet of the store space will be dedicated to fresh fruits and vegetables and stated that in general dollar store prices are more economical than similar items found in grocery stores. The Commission noted to the applicant that most Dollar General stores are located south of 1-630 look nice when built but degrade over time and the often the stores are over stocked and under staffed. The applicant stated this Dollar General will have adequate staff. The Commission asked the applicant to provide a ratio of healthy foods versus processed foods. The applicant stated that data was not present at this time but noted the same items sold in Dollar General Stores are also sold in grocery stores both providing healthy and unhealthy food options. He also stated Dollar General consults with nutritionist to help accomplish providing healthy food options within its stores. iJ February 10, 2022 ITEM NO.: E (Cont.) FILE NO., Z-9640 There was general discussion regarding the proximity of full -service grocery stores present within a mile or less radius and due to the route selected makes it challenging depending on the location of the nearest full -service grocery store; the round trip may take an hour or more further increasing the challenge from residents in the area purchasing healthy food items. The Commission asked Mr. Berthy if he was an Arkansas resident or and representative for Dollar General? He replied he was not a resident of the State. The Commission asked the applicant questions regarding the number of employees during any given day and time. The applicant replied the store will have adequate employees for normal operation of the store including the presence of daily and hourly employees. The Commission asked if Dollar General have applied for Alcohol permits. The applicant replied they were limited to alcohol sales based on proximity to schools and churches within the area. There was a motion to approve the application including all comments and recommendations by staff. The motion was seconded. The vote was 2 ayes, 8 nays, and 1 open position. The application was denied. 10