HomeMy WebLinkAboutZ-4411-N Staff AnalysisITEM NO.: 3.
NAME: Pleasant Ridge Towne Center Revised Long -form PCD
LOCATION: located at 11525 Cantrell Road
Planning Staff Comments:
7-4411-N
1. Provide notification of the property owners located within 200 -feet of the
development including the certified abstract list, notice form with affidavit executed
and proof of mailing. The notice must be mailed no later than January 14, 2015.
The Office of Planning and Development must receive the proof of notice no later
than January 23, 2015.
Variance/Waivers: A variance from Sections 30-43 and 31-210 to allow driveways
inconsistent with the typical driveway spacing criteria.
Public Works Conditions:
1. Street Improvement plans shall include signage and striping. Traffic Engineering
must approve completed plans prior to construction.
2. Driveway locations and widths do not meet the traffic access and circulation
requirements of Sections 30-43 and 31-210. Driveways on collector and
commercial streets must be at least 250 feet from other driveways. A variance
must be requested for the proposed driveway location.
3. The driveway median should be redesigned and narrowed at the entrance to
prevent vehicles from entering the exit side of the driveway. Contact Nat
Banihatti of Traffic Engineering at time of permitting to discuss revised plan.
4. On site striping and signage plans should be forwarded to Public Works, Traffic
Engineering for approval with the site development package.
July 14, 2011
ITEM NO.: 3
NAME: Pleasant Ridge Towne Center Revised Long -form PCD
LOCATION: Located on the Southwest corner of Cantrell Road and
Woodland Heights Pload
DEVELOPER:
Lew Schickel
11601 Pleasant Ridge Road
Little Rock, AR 72223
ENG:
White-Daters and Associates
24 Rahling Circle
Little Rock, AR 72223
AREA: 27.0 acres
CURRENT ZONING:
ALLOWED USES:
PROPOSED ZONING:
NUMBER OF LOTS: 3
PCD
C-2, Shopping Center District
Revised PCD
: Z -4411 -
FT. NEW STREET: 0 LF
PROPOSED USE: Redesign the driveways and Cantrell Road, Open the "rear
entrance" and add additional parking along the south side of Buildings 600 - 800
VARIANCES/WAIVERS REQUESTED: None requested.
BACKGROUND:
On December 20, 1994, through Ordinance No. 16,808, the City Board of Directors
approved a PCD that would allow the development of a mixed use "Neighborhood
Commercial" shopping center and an accompanying office development. The site was
a 12.83 acre -tract and of the area, 11.48 acres was proposed to be developed as the
shopping center. The proposed structure was 97,680 square feet, and 463 parking
spaces were indicated. A 1.35 -acre tract was to have 10,000 square feet of office
building space with an additional 50 parking spaces, The uses proposed for the
shopping center were all by -right C-2 and C-3 zoning district, except that there were to
be no service stations, auto glass or muffler shops, convenience stores, or car washes
July 14, 2011
SUBDIVISION
ITEM NO.: 3 (Cont.
FILE NO.: Z -4411-L
within the scope of the PCD. The uses proposed for the office building were all uses by
right in the 0-2 and 0-3 zoning district.
On January 9, 1997, the Commission reviewed a request for a change in the right-of-
way dedication and street improvement requirement to Fairview Road. The developer
requested all right-of-way dedication and street improvements be taken from the
property located to the east of Fairview Road. The Board of Directors adopted
Ordinance No. 17,331 on December 3, 1996, which allowed a five-year deferral of street
improvements (or until development of the Pleasant Ridge Square PCD) to Fairview
Road.
The Little Rock Planning Commission granted a three-year time extension for the
proposed submission of the final development plan at their December 22, 1997, Public
Hearing. The applicant submitted a Final Development Plan for the Pleasant Ridge
Square Long -form PCD, which was approved on February 1, 2002.
The Little Rock Board of Directors adopted Ordinance No. 19,233 on
November 9, 2004, establishing a revision to the Pleasant Ridge Town Center PCD.
The development was proposed as a 300,000 square foot retail center with restaurant
space developed as a "Life-style Center". The approval allowed the creation of three
lots. That approval included the condition that "no rear entrance/access will be installed
without Board of Directors action."
Ordinance No. 19,281 adopted by the Little Rock Board of Directors on
February 15, 2005, revised the previously approved PCD to allow Coulson Oil to add an
additional driveway to their site and adjust the southern property line. The site plan
indicated the drive would be added to the southwestern corner of the property to adjoin
to the proposed driveway for Pleasant Ridge Town Center. The applicant indicated with
the adjustment, the existing Coulson PCD would function more appropriately with the
approved Pleasant Ridge Town Center site plan. Coulson Oil also proposed the sale of
a portion of their lot to the Pleasant Ridge Town Center along the southern perimeter.
The sale of the property resulted in a rear yard buffer and landscape strip that was less
than the typical minimum required per the Highway 10 Design Overlay District.
The Board of Directors adopted Ordinance No. 19,633 on November 21, 2006, revising
the previously approved PCD for the shopping center to allow the creation of
two (2) additional lots for the Pleasant Ridge Town Center. The previous approval
allowed for the creation of three (3) lots which had been final platted. The developer
proposed the placement of the two (2) additional lots along Cantrell Road within the
area identified as future restaurant sites. According to the applicant the restaurant
out -parcels were needed to allow the transfer of property to prospective tenants. The
approval brought the total available lots on the site to five (5). There were no other
modifications proposed to the previous approval.
July 14, 2011
SUBDIVISION
ITEM NO.: 3 (Cont.) FILE NO.: Z -4411-L
On December 7, 2006, the Little Rock Planning Commission denied a request to allow
the western -most drive located along Cantrell Road to become a full service
intersection. The denial of the request was appealed to the Board of Directors and was
scheduled to be heard on February 20, 2006. The item was withdrawn from the Board
of Directors agenda prior to action by the Board of Directors.
Ordinance No. 19,730 adopted by the Little Rock Board of Directors on April 3, 2007,
allowed a revision to the previously approved PCD to allow additional sign locations
within the development. The approval allowed building signage located on the portion
of the flat wall located on the northeast corner and northwest corner of the center
shopping center building. No other modifications to the approved site plan were
proposed with the revision to the PCD.
On October 15, 2009, the Little Rock Planning Commission made a recommendation of
approval of a request by Chick-fil-A to place signage along their western fagade.
On November 17, 2009, the Little Rock Board of Directors denied the request.
Ordinance No. 20,240 adopted by the Little Rock Board of Directors on April 6, 2010,
allowed a revision to the PCD to allow seasonal sales on the site. The approval allowed
the placement of a temporary trailer for a shaved ice business to be placed on the site
from April through September yearly.
A subsequent revision to the previously approved PCD allowed the creation of an
additional lease parcel to the site. The lease parcel/building footprint is located between
the existing Chick-fil-A restaurant and the proposed Chipotles Mexican Grill. The
building did not increase the square footage of the overall development beyond the
approved 315,000 square feet. Also the original PCD approved 15,000 square feet in
two buildings within the out -lot area. The total square footage for the three buildings will
be less than the approved 15,000 square feet.
The revised PCD indicated a maximum 6,000 square foot building with a drive-thru
along the west side. The developer was approved the flexibility to vary the plan to
eliminate the drive-thru and add parking and also reduce the building size to add
parking or some combination thereof should the tenant space vary from the approved
site plan.
On June 2, 2011, the Little Rock Planning Commission withdrew a request to allow
signage on the eastern fagade of an out -parcel located along the eastern entrance drive
to the Pleasant Ridge Town Center shopping center.
A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT:
The developer is proposing to amend the previously approved PCD in four areas.
The revisions consist of driveway realignment and openings in three areas and to
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July 14, 2011
SUBDIVISION
ITEM NO.: 3 (Contj FILE NO.: Z-441 1-L
add additional parking in the southeastern portion of the site. The revisions are
as follows:
1. Construct a new driveway opposite the main entrance adjacent to Chipolte's
Mexican Grill and the Shell Station. The new driveway will create a four (4)
way intersection at the existing traffic signal. The existing driveway serving
the Cantrell West office building just to the east of the new driveway location
will be eliminated. The future driveway serving the proposed office building at
the northwest corner of the proposed driveway will take access to Cantrell
Road as indicated and eliminate a proposed driveway apron located further to
the west to serve this office use.
2. Eliminate the existing median at the current driveway that aligns with
Southridge Drive. This will create a full four (4) way intersection and eliminate
the confusion for drivers at this entrance to the shopping center. It will
decrease the traffic at the main entrance to the east and allow patrons from
Walton Heights direct access between their neighborhood and the shopping
center.
3. Open a new driveway at the rear of the shopping center that would align with
Woodland Heights Road adjacent to the Easter Seals facility and Christ the
King Church and School complex. This would allow cares access to and from
the shopping center without looping the site on either Fairview Road or
Woodland Heights Road to the east.
4. Add parking along the southeast property line behind current buildings 600,
700 and 800. This will create additional employee parking and free up
parking at the front entrances of the stores for patrons.
B. EXISTING CONDITIONS:
The site is developed with a shopping center with two out -parcels located along
Cantrell Road. The western most out -parcel is a Chick-fil-A restaurant and the
eastern most out -parcel is currently under construction for a Chipotle's Mexican
Grill. Also located in the immediate area of this development are a number of
restaurants, two convenience stores, banks and office buildings, a drycleaners, a
liquor store and a City of Little Rock Fire station. North of the site, across
Cantrell Road, is the Walton Heights Subdivision.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has not received any comment from area resident. All
property owners located within 200 -feet of the site, all residents, who could be
identified, located within 300 feet of the site, the Pleasant Forest Property
IH
July 14, 2011
SUBDIVISION
ITEM NO.: 3 Cont. FILE NO.: Z-441 1-L
Owners Association, the Pleasant Valley Property Owners Association and the
Walton Height Property Owners Association were notified of the public hearing.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
Due to the lack of alignment of the Woodland Height Road/Fairview
Road/Pleasant Ridge driveway intersection, a round -a -bout should be
constructed at the Woodland Height Road/Fairview Road/Pleasant Ridge
driveway.
2. Provide the expected number of left turn movements from the Pleasant Ridge
development onto Cantrell Road during peak hour.
3. The entrance into the Pleasant Ridge development off Cantrell Road must be
channelized to reduce the number of conflicts.
4. Obtain permits for improvements within State Highway right-of-way from
AHTD, District VI.
5. Street Improvement plans shall include signage and striping. Traffic
Engineering must approve completed plans prior to construction.
6. Coordinate design of traffic signal upgrade with proposed street
improvements. Plans to be forwarded to Traffic Engineering for approval.
7. On site striping and signage plans should be forwarded to Public Works,
Traffic Engineering for approval with the site development package.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer available to this project.
Entergy: No comment received.
Center -Point Energv: No comment received.
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. If there are facilities that need
to be adjusted and/or relocated, contact Central Arkansas water. That work
would be done at the expanse of the Developer. Contact central Arkansas Water
if additional fire protection or metered water service is required or regarding the
size and location of the water meter. Due to the nature of the facility, installation
of an approved reduced pressure zone backflow preventer assembly (RPZ) is
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July 14, 2011
SUBDIVISION
ITEM NO.: 3 Cont_ FILE Na.: Z -4411-L
required on the domestic water service. This assembly must be installed prior to
the first point of use. Central Arkansas Water requires that upon the 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 Central
Arkansas Water. The test results must be sent to Central Arkansas Water's
Cross Connection Section within ten (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.
Fire Department: Place fire hydrants per code. Maintain at least a 20 -foot wide
access. Install a Knox box and properly place the address on the building.
Contact the Little Rock Fire Department for additional information.
County Planning: No comment.
CATA: Approved as submitted. The site is located on CATA Bus
Route #25 — the Highway 10 Express Route.
Parrs and Recreation: No comment received.
F. ISSUES/TECHN I CAL/DESIGN:
Planning Division: This request is located in the River Mountain Planning
District. The Land Use Plan shows Commercial and Mixed Use for this property.
The commercial 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 applicant has requested to revise the previously approved
Planned Commercial Development to allow modifications to two driveway
locations along Cantrell Road including eliminating the existing median of the
drive aligning with Southridge Drive to allow the creation of a four-way
intersection, to redesign the drive located adjacent to the Shell Station and to
allow a "rear entrance" to be opened accessing Woodland Heights Road.
Master Street Plan: Cantrell Road is a Principal Arterial. The primary function of
a Principal Arterial is to serve through traffic and to connect major traffic
generators or activity centers within urbanized areas. Entrances and exits should
be limited to minimize negative effects of traffic and pedestrians on Cantrell Road
since it is a Principal Arterial. Woodland Heights Road is a Local Street. The
primary function of a Local Street is to provide access to adjacent properties.
Local Streets which are abutted by non-residential zoning/use or more intensive
zoning than duplexes are considered as "Commercial Streets". These streets
have a design standard the same as a Collector. These streets may require
C.
July 14, 2011
SUBDIVISION
ITEM NO.: 3 Cont. FILE NO.: Z-4411 L
dedication of right-of-way and may require street improvements for entrances
and exits to the site.
Bicycle Plan: There are no bike routes shown in the immediate vicinity.
Landscape:
1. Site plan must comply with the City's landscape and buffer ordinance
requirements.
2. The proposed new parking along the southeast corner of the site does not
comply with the City's Buffer and Landscape Ordinances, The plan show a
perimeter landscape strip of only two (2) feet. The landscape ordinance
requires a minimum landscape strip of nine (9) feet in this area. A variance
from this standard will require approval by the City Beautiful Commission prior
to the issuance of a building permit.
3. All existing vegetation, fencing, dumpster enclosures, and paving must be in
good condition or replaced.
4. An automatic irrigation system to water landscaped areas will be required.
5. Prior to the issuance of a building permit, it will be necessary to provide an
approved landscape plan stamped with the seal of a Registered Landscape
Architect.
G. SUBDIVISION COMMITTEE COMMENT: (June 23, 2011)
The applicant was present. Staff presented the item and noted the site plan
needed to be cleaned up to indicate the previously approved snow cone stand
and to eliminate notes that are no longer relevant since the development has
occurred. Staff requested more information on the proposed parking located on
the southern perimeter of the site.
Public Works and Landscape comments were discussed. Staff commented that a
round -a -bout should be constructed at the Woodland Height Road/Fairview
Road/Pleasant Ridge driveway due to the lack of alignment of the intersection. It
was noted that the plan appeared to show grading for the southern parking lot
occurring off site. It was noted that the landscaping appeared to be deficient on
this area.
Staff noted comments from the other reporting departments and agencies
suggesting the applicant contact them individually for additional clarification.
There was no further discussion of the item. The Committee then forwarded the
item to the full Commission for final action.
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July 14, 2011
SUBDIVISION
ITEM NO.: 3 Cont. FILE11-L
H.
H. ANALYSIS:
The applicant did submit a cleaned -up site plan. The outstanding issues still
remain. The proposed new parking along the southeast perimeter is still in
violation of the minimum standards of the Landscape Ordinance. Apparently, no
change has been made to the Woodland Height Road/Fairview Road/Pleasant
Ridge Driveway. The lack of alignment is still a concern.
Staff is not supportive of the proposed changes to the driveways on the Cantrell
Road frontage due to the negative impact those changes will have on the traffic
on the congested arterial street.
Staff is not supportive of the proposed rear entrance due two concerns. When
the development was approved under Ordinance19,233, it was clear that rear
access was a concern; so much so that the Ordinance included a provision that
no rear access would be permitted without specific Board approval. Secondly,
the lack of alignment in the intersection is of concern to the Traffic Engineer and
Public Works.
STAFF RECOMMENDATION.
Staff recommends denial of the application.
PLANNING COMMISSION ACTION: (JULY 14, 2011)
The applicant was present. There were several persons present, both in support and in
opposition. One letter of support and several letters of opposition had been received by
staff and given to the commissioners. Commissioner Dillon recused on the item.
Dana Carney, of the Planning Staff, presented the item and a recommendation of
denial. City Traffic Engineer Bill Henry addressed the commission and discussed the
history of traffic and driveway issues related to the site. He stated the site had been
well -studied and there had been a lot of traffic analysis done on and around the site. He
said changes had been made to the driveways in the past to increase traffic capacity on
Highway 10. Mr, Henry stated the changes proposed by the applicant would
significantly reduce the capacity of traffic on Highway 10 and would "lock-up" traffic on
the street. He stated the City also did not support the proposed rear entrance. He said
the design was dangerous as proposed and he saw no need for the driveway as the site
had plenty of other access.
Philip Kaplan, attorney representing the applicant, addressed the commission. He
stated there had been much skepticism when the development was proposed in 2004
and that the skepticism has disappeared. He spoke of the positive qualities of the
development and how much the site provided in the way sales and property taxes. He
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July 14, 2011
SUBDIVISION
ITEM NO.: 3 (Cont.) FILE NO.: Z -4411-L
stated it was the traffic engineers' responsibility to work with developers and asked the
commission to imagine if the City's westward growth had not occurred. Mr. Kaplan said
allowing the change to the Highway 10 driveway on the east would result in the
elimination of two driveways on the north side of the street. He noted other four-way
intersections providing access to a private site on Highway 10. He said the proposed
changes to the western driveway would result in a safer condition since many people
ignore the left turn prohibition at the driveway anyway. He said the driveway worked
fine when it was a full -access driveway, before the City made the driveway be changed
to a right-in/right-out only. Mr. Kaplan said the applicant had stated in 2004 that he
would come back prior to opening the rear driveway; that he had not stated there would
never be a rear driveway. He said messages texted in about the rear driveway ran
157-12 in support. Mr. Kaplan said the rear driveway would not create new traffic, that
the traffic was already there. Mr. Kaplan recalled the opposition to the initial
development and asked who would be opposed now.
Keith Wingfield, of 6 Tory Court, spoke on behalf of Christ the King Church. He said
the Church supported the rear driveway because they were interested in pursuing the
abandonment of Woodland Heights, which bisects the Church's ownership. He said as
a residential home builder, he thought the shopping center was beneficial to the
neighborhood.
Tom Vaughan, of 11300 Cantrell Rd., indicated his support for the application.
Linda Stauffer, of 13106 Pleasant Forest Drive, spoke in opposition. She said the
Center had created traffic problems on Cantrell which, in turn, caused an increase in
traffic on Pleasant Forest. She stated she was opposed to allowing the rear entrance.
Ms. Stauffer said the neighborhood expected that the rear entrance would not be
opened. She said the Center may have provided increased value to the City but she
asked at what cost.
Ruth Bell, of the League of Women Voters, spoke in opposition to each aspect of the
applicant's proposal.
Craig Williams, of 11902 Pleasant Forest Dr., spoke in opposition. He recalled the 2004
process and said the developer had agreed at the time not to have a rear entrance to
the Center. He said the neighbors had concerns about traffic at the time and to open
the rear entrance would cause more traffic to come through the neighborhood.
Mr. Williams said the Center had an occupancy rate of 90% so the lack of a rear
entrance was apparently not a problem. He said Easter Seals was neutral on the
subject, not coming out in support. He asked the commission to support staff and keep
the rear entrance closed.
Marlena Grunewald, of 11325 Rocky Valley Dr., noted her opposition and deferred to
the Pleasant Valley POA representative.
July 14, 2011
SUBDIVISION
ITEM NO.: 3 (Cont.
FILE NO.: Z -4411-L
Gina Bass, Director of the Pleasant Valley POA, spoke in opposition. She said most of
her neighborhood's concerns at the time the Center was originally approved were
traffic -related. She questioned why the applicant was even coming back to the
commission. She questioned the "texted" numbers quoted by the applicant. Ms. Bass
stated a survey indicated 84% of the Pleasant Valley residents wanted the rear
driveway kept closed. She asked the commission to support staff and keep the rear
entrance closed.
Brandon Mazander, of 12306 Pleasant Forest Dr., spoke in opposition.
Ray Rodgers, of 12219 Pleasant Forest Dr., spoke of his concerns about traffic on his
street. He said the developer had agreed in 2004 not to have the rear entrance.
Mr. Rodgers said the Center had five (5) entrances. He asked the commission to "do
the right thing" and reject the applicant's proposal.
Dale Emmerling, of 10701 Crestdale Ln., spoke of traffic problems in the area and
voiced his opposition to opening the rear entrance.
Gary Jefferson, of 10 Shawbridge, recalled the past opposition to the development by
Pleasant Valley residents. He said the developer had agreed to not have the rear
entrance. He said he was opposed to opening that entrance.
Jeff Yates, of 66 EI Dorado Dr., complemented the Center but stated he too had
concerns about traffic and opening the rear driveway. He said compounding the
problem wouldn't make it right. He said traffic in the overall area was a problem and
would continue to get worse. He said a comprehensive State and City response was
needed to address the larger issue of traffic problems in the area. He asked the
commission to deny the application.
Jim Beechboard, of 3224 Shenandoah Valley, stated he too remembered the 2004
discussions and he respectfully disagreed with Mr. Kaplan's memory of events. He said
there was an expectation that the rear driveway would not be opened.
Mr. Kaplan reiterated that the applicant had never committed to never having the rear
driveway. He said the applicant could not fix traffic problems in the overall area. He
said making the proposed changes in the driveways onto Cantrell Rd. would help traffic
on that street. He asked the commission to approve the application.
In response to a question from Commissioner Brock, Traffic Engineer Bill Henry stated
the traffic count on Pleasant Forest Drive was 6,000 vehicles per day. He said the City
had tried to slow traffic on the street. Mr. Henry said the count on Cantrell Road was in
the range of 40,000-50,000 vehicles per day, which was 25% over the road's capacity.
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July 14, 2011
SUBDIVISION
ITEM NO.: 3 (Cont.
Commissioner Nunnley asked Mr. Henry about
western driveway onto Cantrell. Mr. Henry sai
motorists not to make a left turn but some
Commissioner Nunnley asked if the problem was
Mr. Henry responded that the problem wasn't
out to be.
FILE NO.: Z -4411-L
Mr. Kaplan's comments about the
1 AHTD had erected signage telling
people just don't obey the law.
more prevalent due to a design flaw.
.s prevalent as Mr. Kaplan made it
Commissioner Rector asked if it wouldn't help to have two opportunities to make a left
turn in to the site. Mr. Henry responded that making the entrances full service would
result in having to give extra time at the driveways to allow vehicles to enter and exit the
site, thus slowing traffic on Cantrell.
In response to a question from Commissioner Laha, Mr. Henry said the State (AHTD)
regulated traffic from a private drive onto a state highway (Highway 10).
In response to a question from Commissioner Nunnley, Mr. Henry reiterated his
contention that allowing the two full service drives, as proposed by the applicant, would
result in backing up traffic on Cantrell Road, both east and west bound. He said the
proposal would result in a serious congestion issue.
Chairman Ferstl asked if staff would support one or the other driveway changes on the
Cantrell Road driveways, as opposed to both as requested by the applicant. Mr. Henry
responded that staff could not support either change as they would each affect traffic on
Cantrell and reduce the traffic capacity of the street.
Commissioner Changose asked Mr. Henry if it was his opinion that both driveway
changes proposed by the applicant for the Cantrell Road driveways would slow traffic
on Highway 10. Mr. Henry responded yes.
Commissioner Nunnley asked Mr. Kaplan, if the concession was made in the original
application to not have the rear driveway, why was it being reconsidered now.
Mr. Kaplan responded that concessions are made politically, if it appears it will take a
concession to get approval, as long as the concession is made with the proviso that it
may be reconsidered in the future. He said the concession was necessary at the time,
but it was not intended to be in perpetuity.
Commissioner Nunnley asked Mr. Kaplan why he should vote for the changes.
Mr. Kaplan responded because they make sense.
Commissioner Nunnley said his concern was the integrity of the neighborhood. He
asked Mr. Kaplan if there was one of the proposed changes he could chose to ask for
over the others. Mr. Kaplan responded that he could not. Mr. Kaplan stated the traffic
engineer employed by the applicant disagreed with the City's traffic engineer's
assessment of the issue.
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July 14, 2011
SUBDIVISION
ITEM NO.: 3 Cont, FILE NO.: Z -4411-L
Commissioner Rector told Mr. Kaplan that the applicant had made a compromise to
gain the original approval and a deal is a deal. He said the other side doesn't agree to
any change.
A motion was made to approve the application, including all staff comments and
conditions except that of denial. The vote was 0 ayes, 9 noes, 1 recusing (Dillon) and
1 absent. The motion failed_
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