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HomeMy WebLinkAboutZ-3410-C Staff Analysis1. Meetin Date: October 4, 1994 2. Case No.: Z -3410-C 3. ReQuest: Establish HAMPTON INN -- SHORT -FORM PCD 4. Location: At the northwest corner of Financial Center Parkway and Hardin Rd. 5. Owner Applicant: Geoff Trust, Wally Allen Trustee 6. Existing Status: Vacant; zoned C-3 and 0-3 7. Proposed Use: Hotel 8. Staff Recommendation: Approval 9. Planning Commission Recommendation: Approval 10. Conditions or Issues Remaining to be Resolved: None 11. Right -of -Way Issues: None 12. Recommendation Forwarded With: A vote of 6 ayes, 2 nays, 0 absent, 2 abstentions (Ball and Putnam), and 1 open position 13. Objectors: Kenneth M. Davis & Floyd B. Boyd; Birchwood Neighborhood Association. 14. Neighborhood Contact Person/Others: Doyle Daniel, president, Birchwood Neighborhood Association 15. Neighborhood Plan: I-430 (11) ORDINANCE NO. AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A PLANNED COMMERCIAL DISTRICT TITLED HAMPTON INN -- SHORT-FORM PCD (Z -3410-C), AND LOCATED AT THE NORTHWEST CORNER OF FINANCIAL CENTER PARKWAY AND HARDIN ROAD, IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS. SECTION 1. That the zone classification of the following described property be changed from C-3 and 0-3 to PCD. A parcel of land in Section 4, T -1-N, R -13-W, and located at the northwest corner of Financial Center Parkway and Autumn Road, Little Rock, Arkansas, being more particularly described as follows: Part of Lots 21, 28, and 29, West Highland Subdivision, and part of Hardin Road (Closed), being described as: Beginning at the Northwest corner of Lot 21, said West Highland Subdivision; thence S 890 31' 06" E along the North line of said Lot 21, 296.70' to a point on the West ROW line of Hardin Rd.; thence S 000 32' 14" E along said West ROW line, 235.15' to a point; thence Southeasterly and continuing along said West ROW line, being the arc of a 215.99' radius curve to the left, having a chord bearing and a distance of S 15° 10' 57" E, 109.02' to a point; thence S 290 49' 11" E and continuing along said West ROW line 60.90' to a point; thence S 600 10' 40" W, 63.35' to a point; thence S 890 27' 46" W, 297.34' to a point on the W line of said Lot 28; thence N 000 43' 29" W along the W line of said Lot 28 and along the W line of Lot 21, said West Highland Subdivision, 430.01' to the POB, containing 2.998 acres, more or less. SECTION 2. That the preliminary site development plan/plat be approved as recommended by the Little Rock Planning Commission. SECTION 3. That the change in zoning classification contemplated for HAMPTON INN SHORT -FORM PCD is conditioned upon obtaining a final plan approval within the time specified by Chapter 36-454(d) of the Code of Ordinances. SECTION 4. That the map referred to in Chapter 36 of the Code of Ordinances of the City of Little Rock, Arkansas, and designated district map be and it is hereby amended to the extent and in the respects necessary to affect and designate the change provided for in Section 1 hereof. SECTION 5. That this ORDINANCE shall take effect and be in full force upon final approval of the plan. PASSED: ATTEST: City Clerk APPROVED: Mayor FILE NO.: Z- 410-C NAME: HAMPTON INN -- SHORT -FORM PCD LOCATION: At the northwest corner of Financial Center Parkway and Hardin Road DEVELOPER: ENGINEER- GOFF TRUST Robert Brown WALLY ALLEN, TRUSTEE DEVELOPMENT CONSULTANTS, INC. 2220 Cottondale Ln., #2 10411 W. Markham St., Suite 210 P. O. Box 29 Little Rock, AR 72205 Little Rock, AR 72203 221-7880 664-3332 AREA: 3.0 ACRES NUMBER OF LOTS: 1 FT. NEW STREET: 0 ZONING: C-3 & 0-3 PLANNING DISTRICT: 11 CENSUS TRACT: 24.04 VARIANCES REOUESTED: None TATEME T F PROPOSAL: PROPOSED USES: Hotel The applicant proposes the development of a 3 acre tract for the construction of a hotel and associated parking. The hotel tower footprint is 60 feet wide by 222 feet long. The tower is 60 feet high, contains 79,920 square feet in 6 floors, and has 153 guest rooms. The entrance canopy is separate from the hotel tower, and is a 45 foot square structure attached to the hotel by a covered walk. Parking for 162 vehicles is.planned. The hotel is a "limited service" hotel, and contains is no restaurant or convention facilities. A small swimming pool for guests of the hotel is provided. The site for the proposed hotel, and for which the PCD is requested, occupies the northern 430 feet (3 acres) of a 4.67 acre site, leaving two outparcels along Financial Center Parkway remaining outside the scope of the PCD. There are two entrance drives to the property: one is in a 200 foot long access easement from Financial Center Parkway which lies between the two cited outparcels; the other is from Hardin Rd. The proposal includes providing a natural and planted buffer along the western boundary of the site abutting the residential neighborhood to the west. The 33 feet abutting the residences is proposed to be an undisturbed buffer. To the east of this area, 17 additional feet (±) of area is proposed to be used for needed slope transition, and will be a be replanted to "create a screening mass below the canopy of the larger existing trees". The total buffer which is proposed, then, averages 50 feet in width. A 6 foot high "good neighbor" fence is shown along the western boundary of the site. FILE NO.: X410 -C (Qont . ) A. PR P AL RE UEST: Review by the Planning Commission and approval by the Board of Directors is sought for a PCD to permit the construction of a 153 room, 79,920 square foot, 60 foot high/6 story hotel on a 3 acre site. The foot print of the primary building is proposed to be 60 feet by 222 feet with an entrance and drive-thru canopy at the south end of the building. No restaurant or convention facilities are proposed; however, a swimming pool is planned. Parking for 162 vehicles is to be provided. The proposal includes providing a 50 foot (±) natural and landscaped buffer along the west property line and a 6 foot high privacy fence abutting the residences along Springwood Drive to the west. B. EXISTING CONDITIONS: The site is presently undeveloped and wooded. The terrain slopes generally from a high point at the southwest corner of the PCD tract to the low point at the northeast corner along Hardin Rd. The differential in elevation is approximately 48 feet. The existing zoning of the tract is C-3 and 0-3. A north - south line dividing the tract almost in half separates the two zoning districts, with the 0-3 district lying west of this line abutting the residential properties to the west, and with the C-3 district lying east of this line. The remainder of the subdivision out of which this tract is extracted lies north and south of the PCD tract. The property to the north is zoned 0-3. To the south are the two outparcels being left apart from the PCD tract, with the eastern parcel being zoned C-3; the western tract, 0-3. Across Hardin Road to the east is a PCD district; to the west is R-2. C. ENGINEERING/UTILITY COMMENTS: Public Works comments that a sketch grading and drainage plan is required. The access drive off Chenal Parkway is to be a right turn in/right turn out only due to inadequate site distance. Before issuance of a building permit, engineering will require plans for stormwater detention and complete grading and drainage plans. Water Works wishes to install a water main extension from Eric Dr. to Hardin Rd. A 15' wide water line easement would be required from the south line of Lot 3 across the buffer area to tie into Eric Dr. Wastewater reports that a capacity analysis will be required. If capacity is available, the capacity contribution fees and Farm Bureau Fees will be assessed. 2 FILE NO.: Z -3410-C (Cgnt.) Arkansas Power and Light Co. will require easements. Arkansas Louisiana Gas Co. approved the submittal without comment. Southwestern Bell Telephone Co. will require easements. The Fire Department approved the site plan without comment. Landscape review reports that the areas set aside for buffers, landscaping, and land use screening meet Ordinance requirements. Land Use review comments that the site is in the I-430 Planning District and is designated as Mixed Office and Commercial (MOC) on the land use plan. The MOC designation suggests a mixture of office and commercial uses with a PUD recommended if the use is entirely commercial. The proposed hotel is consistent with the plan. D. _ISSUES/LEGAL/TECHNICALZDESIGN: The Zoning Regulations (Sect. 36-502.1.f) states that, for hotel uses, there is to be 1 parking space for each guest room, plus 10% for employees and non -guest users patronizing meeting rooms, restaurants, etc.. To meet the requirements, then, with 153 guest rooms, the site plan would have to provide 168 parking spaces. Parking for 162 vehicles is proposed in the PCD application. In 1984, neighbors abutting the property to the west filed a lawsuit contesting the Board of Adjustments approval which would permit the construction of a multi -story office building on the site. A consent judgment was agreed to by the parties in which the proposed building was to maintain a setback from the west property line of 165 feet; it was to have a maximum height of 93 feet or 8 stories; any parking deck was not to be closer than 60 feet, with a roof top parking area of the deck not higher than a ground elevation of 486 feet MSL; the buffer zone was to be a 43 foot wide natural buffer, reducing to a 25 foot wide natural buffer at the south approximately 80 feet of the current PCD site, with the buffer being cleared of undergrowth, etc.; and, there was to be a planting fund made available to the residential neighbors to re -plant the buffer. The consent judgment was to continue as binding for 20 years or until the character of the residential neighborhood changed substantially. It was only in force, though, if the developer "desires to develop (the tract) pursuant to the height variance which is the subject of this action...." The developer, or subsequent developer, "shall have the 3 FILE NO.: Z -3410-C (Cent.) right to fully develop (the tract) within the restrictions and requirements of the existing or subsequently established and applicable zoning classifications, in which event (a developer) shall not be required to comply with the terms and conditions (of the judgment)." Proposed signage for the hotel must be specified. The location, size, and type of proposed signs need to be indicated. The proposed lighting of the site must be specified. Times for swimming pool operation, garbage pick-up, and parking lot cleaning need to be specified. Hours during which construction activity on the site and for the hotel are not to take place need to be set. E. ANALYSIS• The project narrative states that the design of the site "closely followed the guidelines set forth in the judgment". The judgment required a 165 foot setback from the west property line; the proposed building is,185 feet. The judgment required a maximum height of 93 feet or 8 stories; the proposed building is 60 feet high with 6 stories, with the first floor elevation lowered to 468 feet MSL, or 16 feet lower than the ground level of the residential lot immediately to the west of the south end of the building. The ground level parking was to be no higher than an elevation of 486 feet MSL; the proposed parking is no higher than 474 feet at its highest point, dropping to 461 feet MSL at its north end. The buffer was to be 43 feet wide, reduced to 25 feet wide at the south end; the proposed buffer is 50 feet (±). The proposed hotel is on ground that is currently zoned C-3. A hotel is allowed in the C-3 zone; however, the C-3 zone restricts the height of buildings to 35 feet. The required parking for the hotel is on the 0-3 zoned part of the property. To deal with achieving a consistent zoning for the site, as well as to deal with the height variance, a rezoning to a PCD was chosen. Pursuant to the consent judgment, the judgment was applicable only to the proposal to build a specific office building for which the Hoard of Adjustments had granted a variance. It was not applicable if a new proposal arose. It was specifically cited that, if a new development was proposed, it could be developed according to the requirements of any new zoning district guidelines for which the property were subsequently zoned. The proposed development is a new proposal, and the request is to re -zone the property to PCD, which will have its own requirements 4 FILE NO.: Z -3410-C (Cont_) for setback, height, etc. The consent judgment, therefore, is apparently not applicable. The applicant has, though, attempted to adhere to the guidelines agreed to in the consent judgment "to minimize additional conflict and confusion". The proposal for which a consent judgment was entered into by the previous developer and the residential neighbors was for an office building. The current proposal is for a hotel. The formerly agreed -to use is, supposedly, an 8-5, 5 -days per week activity. A hotel is a 24-hour, 7 -days per week use. The hotel which is proposed, however, is a limited service hotel which has no restaurant or convention facilities. Specifically, the hotel which is proposed to be developed is a Hampton Inn. This hotel, and these types of hotels, cater to the traveling business person, and activity around such hotels is not that inconsistent with activity around an office building. The developer has "chosen the most removed building placement possible to minimize visual impact on the neighbors". Further, the developer has located "the entry area and trash enclosure ... as far from the residences as possible to minimize any disturbance from activity". Because the hotel has no restaurant or convention facilities, the proposed parking of 162 space is considered adequate. F. STAFF RECOMMENDATIONS: Staff recommends approval of the PCD request, subject to: 1) establishing signage and lighting provision; and 2) setting the hours during which the swimming pool can be used, trash service pick-up can be done, parking lot cleaning operations can be undertaken, and construction can be carried on. SUBDIVISION COMMITTEE COMMENT: (AUGUST 18, 1994) Mr. Robert Brown, representing the project engineering firm, was present. Staff presented the project and the proposed PCD site plan. The Committee reviewed with Mr. Brown the comments contained in the discussion outline. Mr. Brown indicated that he would be completing the required exhibits and furnishing them to staff. The Committee forwarded the item to the full Commission for the public hearing. PLANNING COMMISSION ACTION: Staff presented the request. Mr. Consultants, Inc., represented the the Commission the proposal. 5 (SEPTEMBER 6, 1994) Robert Brown, with Development applicant, and outlined for FILE NO.: Z -3410-C (Cont.) Mr. Brown submitted a list of proposed development and operations restrictions. This list proposed that the signage be limited to one monument sign meeting the Overlay standards at the Hardin Rd. entry drive, and one 24 square foot, 6 foot high, directional sign at the access drive on Financial Center Parkway. The list proposed that site lighting for the parking area be a maximum of 25 feet in height, with directional fixtures to limit bleedover. The list proposed that the swimming pool operation be limited to 8:00 AM to 10:00 PM; and, that trash pick-up, deliveries, and parking lot cleaning be limited to 7:00 AM to 7:00 PM. The list proposed that construction activity be limited to 7:00 AM to 7:00 PM, with no work on Sundays. Mr. Brown reviewed the proposed buffers along the west property line, and outlined the rationale for the siting of the building and the parking lot grade in relation to the 1984 Consent Judgment agreed -to by the abutting residential property owners to the west. There was an inquiry from the Commission regarding whether there had been a neighborhood meeting to discuss the proposed development. Mr. Brown responded that both'Mr. Doyle Daniel, president of the Birchwood Neighborhood Association, and Mr. Ken Davis, Secretary -Treasurer of the Association, had come by his office and had reviewed plans, but that no meeting had been scheduled. The Neighborhood Association representatives had indicated that the neighborhood was opposed to the proposed commercial development, and that a discussion on particular limitations would not be productive. Mr. Kenneth Davis, Secretary -Treasurer of the Birchwood Neighborhood Association, spoke in'opposition to the proposed PCD. He said that the Association had voted 100% to opposed the rezoning; that it was inconsistent with the Land Use Plan; and that it would adversely affect the -residential neighborhood to the west. He said that the Land Use Plan provides for an office zone buffer abutting the residential neighborhood, and that the hotel and its parking lot do not meet the requirement for the needed buffer. The hotel, he continued, would be 6 stories in height, and would destroy the privacy of the backyards of at least 10 homes. He complained that the PCD process is being abused, in that it allows developers to circumvent the restrictions of the commercial zoning when'it suites their interests; that the developers, when they can do what they want to do in a particular zone, comply with the zoning and do not pursue a PUD application. He questioned staff's motives in bringing up the 1984 Consent Judgment, since, he admitted, it was applicable only to the office development proposed at the time, and suggested that staff had brought it up to justify the hotel with its lesser height, equal or greater separation, and parking lot with a lower elevation. He pointed out that the topographic cross section provided by the developer was an east -west cross 6 FILE NO.: Z -3410-C (Cont.) section at the mid -point of the development which shows the parking lot and hotel being lower than the abutting property to the west; he questioned the relationship of the parking lot and hotel to the properties to the west at the northern end of the development site. Commissioner Willis related that, in the existing 0-3 zone which abuts the residential area, the building height could be 60 feet, and that office uses are not necessarily limited to 8:00 - 5:00. In fact, he said, many of the office in the Financial Center complex are 24-hour, 7 days per week operations. Mr. Davis replied that the neighborhood would take its chances with an office development; that the 0-3 zone needed to remain in place as a buffer. Staff, responding to Mr. Davis' complaint that staff had brought up the 1984 lawsuit in order to justify the hotel development's siting of the hotel and parking lot. Staff indicated that staff had received a number of Faxes from a representative of the neighborhood in which the 1984 Consent Judgment had been cited, indicating that its terms would be enforced. Staff reported that neighbors who had been plaintiffs in the 1984 lawsuit had come to the Neighborhoods and Planning office to review the application and brought the terms of the lawsuit to staff's attention. Staff indicated that the 1984 lawsuit was dealt with in the write-up because the neighborhood had brought it to staff's attention in the first place, and to point out that the terms were not applicable to the current development. Mr. Floyd Boyd, a resident of the `residential neighborhood to the west, spoke in opposition to the proposed development. He said that the City seeks citizen input into the planning decision- making process, and, in these case -of the Birchwood Neighborhood, the input of the citizens is being totally ignored. He said that in almost every rezoning case, the wishes of the neighborhood have not been honored. Ruth Bell, representing the League of Women voters of Pulaski County, reported that the League was not in support of the proposed development. She said that the 247hour, 7 days per week aspect of a hotel was not compatible with the residential use abutting the site. Mr. Brown indicated that he wished to respond to several of the concerns or assertions expressed by the neighborhood representatives. He said that in conversations with Doyle Daniel, president of the Birchwood Neighborhood Association, he had been told that residents along Springwood Dr. who would be directly affected by the development were taking independent action in contacting an attorney and in contacting the City, and that the Birchwood Neighborhood as an Association was not taking 7 FILE NO.: Z -3410-C (Cont.) the position of opposition as was being purported by Mr. Davis. Mr. Brown indicated that it was his understanding that staff had had contact with Doyle Daniel regarding the issue. Staff responded that a telephone message, followed by a letter, had been received from Doyle Daniel indicating that he was not in support of the Springwood Dr. neighbors' opposition to the proposed PCD; that he would not be present to present their opposition; and, that, as a result, he was submitting his resignation as the Birchwood Neighborhood Association president. Mr. Brown continued, saying that he had provided the information requested to the identified neighborhood representative, and that that person had not requested a neighborhood meeting. He said that the developer proposes to provide the 50 foot buffer along the west property line, which is in line with the normal requirement for buffering of residential from commercial uses. He reiterated that the proposed hotel is a limited service hotel, with no conference facilities or restaurants; that a C-3 tract at the corner of Hardin Rd. and Financial Center Parkway may have a restaurant on it, but that the area is not included within the proposed PCD and is currently zoned C-3. He pointed out that, on the adopted Land Use Plan, the site is designated for MOC (mixed office and commercial), and that, according to the Zoning Ordinance, the PUD process is encouraged in areas with this designation. He pointed out that, in the PUD process, very specific limitations on uses and activities can be applied, and these limitations produce very stringent limitations for a use which can be very beneficial to the neighborhood. The limitations, he added, on noise, sight, and visibility, and other impacts that are very measurable are dealt with in the PCD. He pointed out that the same building, as an office building, could be placed on the 0-3 zoned tract, and be a lot closer to the residential homes. As it is, with the buffering along the west property line, the 175 foot separation between the western boundary and the hotel, and the fact that the first floor level of the hotel is substantially lower than the western property line, the visual impact from or on the neighborhood will be very limited. He related that, in an office building in an 0-3 zone, up to 10% of the floor area can be used for accessory commercial uses, and, in a sizable office building, a couple of 6,000 square foot restaurants with a bar could be provided, with no restrictions on hours of operation. Commissioner Oleson asked for clarification on the parking lot lighting and on the signage. Mr. Brown replied that on the hand-out sheet presented to the Commissioners, the signs were outlined as being 1 monument sign with would conform to the Overlay requirements, and 1 directional sign; the lighting was outlined as being directional fixtures on 25 foot high poles. 8 -FILE NO.: Z -3410-C (Cont.) Commissioner Selz asked for clarification that there were to be no other curb -cuts on Financial Center Parkway, to which Mr. Brown responded that there would not be any others. Commissioner Walker asked for clarification on the location of the dumpster enclosure, and on the rationale for not placing the swimming pool to the east of the building, with Mr. Brown responding that the dumpster is located at the southeast corner of the site, and that the area to the east of the building has too much grade change for the swimming pool. Mr. Brown continued that the pool area has been surrounded with a heavy planting of trees and shrubs as a buffer, and indicated that something more substantial, such as a masonry screen, could be provided. Commissioner Walker asked for clarification that the same relationship of the hotel site to the neighborhood to the west exists all along the west property line, to which Mr. Brown responded that the PCD site, as well as the residential lots facing Springwood Dr., slope uniformly downward to the north, so that the hotel site is substantially uniformly lower than the home sites to the west. Commissioner Oleson asked for clarification, with light standards proposed to be 25 feet in height, on the portion of the light standards which would be above the grade of the residential properties to the west, to which Mr. Brown stated that, at 25 feet in height, at least a portion of the standard would be above the grade along the west property line in most places. Commissioner Oleson suggested lowering the light standards, to which Mr. Wally Allen, one of the developers of the hotel, responded that the maximum amount of a standard which could be seen would probably be 5 feet, and that there is a need for adequate lighting for security purposes. Commissioner Walker suggested that the height of the pole is not as much of a concern as the "cut-off" of the fixture chosen. He explained that with a narrow enough cut-off, the light will be directed downward, and will not be able to be seen from the residential properties to the west. Acting Assistant Directors of Neighborhoods and Planning Tim Polk clarified to the Commissioners that the staff had recommended, and always does recommend, that the applicant meet with the neighborhood, but that the neighborhood could choose not to participate in such a meeting. Commissioner Chachere asked Mr. Brown if there had been any change in the proposed height of the parking lot light standards, to which Mr. Brown stated that the height would remain at 25 feet. Commissioner Willis, however, indicated that he could not support the 25 foot height. Mr. Brown, then, responded that the light standards would be 20 foot in height. V FILE -NO,: z- 41 -C Cont. Commissioner Oleson asked for clarification on the possibility of adding a masonry screen along the western boundary of the swimming pool. Mr. Brown replied that it could be provided, but that, with the change in grade and the plantings, it would be unlikely that it would provide additional buffering. Commissioner Oleson asked for clarification on the size of the trees and plants which would be provided. Mr. Brown indicated that the trees would be approximately 8 to 10 feet and the plants would be 3 to 4 feet in height, at planting. A motion was made and seconded to approve the PCD, and the PCD, as amended, was approved with the vote of 6 ayes, 2 nays, 0 absent, 2 abstentions (Putnam and Ball), and 1 open position. 10