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HomeMy WebLinkAboutZ-4343-EE Staff AnalysisFebruary 20, 2014 ITEM NO.: E FILE NO.: Z -4343 -EE NAME: Tract B-8 the Ranch Revised Short -form PCD LOCATION: Located at 17716 Cantrell Road DEVELOPER: Wendy's c/o White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 1.2 acres NUMBER OF LOTS: 1 CURRENT ZONING: PCD ALLOWED USES PROPOSED ZONING PROPOSED USE VARIANCE/WAIVERS: BACKGROUND: C-3, General Commercial District Revised PCD FT. NEW STREET: 0 LF Eliminate the order board screening requirement for Wendy's (Lot B-8) None requested. Ordinance No. 19,550 adopted by the Little Rock Board of Directors on July 18, 2006, rezoned this property from C-3, General Commercial District and OS, Open Space to PCD. The PCD approved the creation of three additional lots within the Saddle Creek Center located at the Northeast corner of Ranch Boulevard and Cantrell Road. The approval included a 3.97 acre tract known as Tract B of the Ranch Subdivision. Lots 1 — 6 Tract B were previously final platted and are developed with office and retail uses. The commercial lots were identified as Lots 7, 8 and 9, Tract B. Proposed Lot 7, J February 20, 2014 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: Z -4343 -EE Tract B contained 1.31 acres and was proposed with a branch bank facility. Lot 8 contained 1.2 acres and was proposed with a restaurant with a drive-thru capability and Lot 9 contained 1.46 acres and was proposed with a two-story, 12,500 square foot office/retail building. Per Section 36-454(e) the applicant shall have three years from the date of passage of the ordinance approving the preliminary approval to submit the final development plan. The Planning Commission may approve a one-time time extension not to exceed two (2) years. On March 19, 2009, the Little Rock Planning Commission approved a two (2) year time extension for the approval of the PCD zoning. The development did not occur, and the time for approval expired. Ordinance No. 20,626 adopted by the Little Rock Board of Directors on September 4, 2012, reinstated a previously approved Planned Commercial Development for this site. The development had not changed from the original approval and included the development of Lots 7, 8 and 9, Tract B of the Ranch Subdivision. Lot B-7 was proposed containing 1.31 acres and developed with a branch bank. Lot B-8 was proposed containing 1.2 acres and developed with a restaurant with drive thru-capability and Lot B-9 was proposed containing 1.46 acres and developed with a 12,500 square foot two-story commercial building with C-3, General Commercial District uses as allowable uses. A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT: The applicant is now proposing to revise the PCD for Lot B-8, Wendy's, to eliminate the requirement of screening of the order menu board. The zoning ordinance typically requires a screening wall at least six (6) feet in height and twenty (20) feet in length to be placed along the lane opposite the order board speaker location. The wall is to be constructed of masonry or wood with a textured finish to diminish sound reflection. According to the applicant, to the north is a commercial service area and a parking lot. The applicant states because of limited space available the owner feels the screen wall creates a "tunnel" effect in front of the order board. B. EXISTING CONDITIONS: The Wendy's is currently under construction located at the northeast corner of Cantrell Road and Ranch Boulevard. The Ranch development has been developing as an office and commercial node. Immediately north of the site is a strip retail center containing a dry cleaners drop off, a restaurant and a number of office users. Adjacent to the site there is a veterinary clinic located to the northeast fronting Ranch Drive. To the east and northeast are large office buildings. To the west of the site is a vacant property zoned PCD which expired in March 2009. K February 20, 2014 SUBDIVISION ITEM NO.: E Cont. FILE NO.: Z -4343 -EE C. NEIGHBORHOOD COMMENTS - As of this writing, staff has received several phone calls and e-mails in opposition of the request from area residents. All property owners located within 200 -feet of the site along with the Aberdeen Court POA, the Chevaux Court POA and the Johnson Ranch Neighborhood Association were notified of the public hearing. D. SUBDIVISION COMMITTEE COMMENT: (December 5, 2013) Mr. Joe White of White Daters and Associates was present representing the request. Staff presented the item stating the request was to eliminate the requirement of the screening for the order menu board. Staff stated this was the only item which was being reviewed by this request and all previous comments would continue to apply to the proposed development. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. E. ANALYSIS: There were no items raised at the December 5, 2013, Subdivision Committee meeting in need of addressing. The request is to revise the PCD for Lot B-8, Wendy's, to eliminate the requirement of screening the order menu board as required Per Section 36-298. This section of the ordinance states a screening wall at least six (6) feet in height and twenty (20) feet in length is to be placed along the lane opposite the order board speaker location. The wall is to be constructed of masonry or wood with a textured finish to diminish sound reflection. Staff is not supportive of allowing the elimination of the order board screening. In some locations staff does feel the screening is not as critical when there are no residential homes within the nearby area. At this location there are a number of single-family subdivisions including a single-family subdivision immediately south of this site and to the north of this site. Staff feels the sound of the order speaker has the potential to be heard from these residential homes and the screening should be installed. F. STAFF RECOMMENDATION: Staff recommends denial of the request. 3 February 20, 2014 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: Z -4343 -EE PLANNING COMMISSION ACTION: (JANUARY 9, 2014) The applicant was present. There were registered objectors present. The Chair informed the applicant there were eight (8) Commissioners present. The Chair stated it was the Commission's practice that when fewer than nine (9) Commissioners were present the applicant was offered the option of deferral to a later meeting to allow more members to be present to hear the request. The Chair stated for an item to be approved six (6) positive votes were required. Mr. Tim Daters requested a deferral of the item to the next available meeting date. The Chair informed Mr. Daters the item would be deferred to the February 20, 2014, Subdivision Hearing. A motion was made to approve the deferral request. The motion carried by a vote of 6 ayes, 0 noes, 4 absent and 1 open position. PLANNING COMMISSION ACTION: (FEBRUARY 20, 2014) The applicant was present. There were registered objectors present. Staff presented the item stating the applicant had submitted a request dated February 20, 2014, requesting the item be withdrawn from consideration without prejudice. Staff stated the withdrawal request would require a waiver of the Commission's by-laws with regard to the late withdrawal request. Staff stated they were supportive of the withdrawal request. There was no further discussion of the item. A motion was made to waiver the Commission's By-laws with regard to the late withdrawal request. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. The Chair entertained a motion of approval of the item as presented by staff. The motion carried by a vote of 10 ayes 0 noes and 1 absent. 0