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HomeMy WebLinkAboutZ-4565-C Staff AnalysisFILE NO.: Z NAME: Lot 2, Kanis/Shackleford Subdivision Short -form PD -C, II LOCATION: Located at Lot 2, Kanis/Shackleford Subdivision, on the South side of the 10700 Block of Kanis Road DEVELOPER: Panera Bread, LLC c/o Flake and Kelly Commercial 425 West Capitol Avenue, Suite 300 Little Rock, AR 72201 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 1.63 acres CURRENT ZONING ALLOWED USES: PROPOSED ZONING: PROPOSED USE: NUMBER OF LOTS: 1 0-3, General Office District Office PD -C Restaurant VARIANCESNVAIVERS REQUESTED: FT. NEW STREET: 0 LF 1. A variance from the minimum driveway spacing requirement to allow a Right- in/Right-out driveway located on Kanis Road. 2. A variance from the City's Buffer Ordinance requirement to allow the eastern land use buffer to be cleared and contained within a utility easement. BACKGROUND: On January 8, 2009, the Little Rock Planning Commission withdrew a request to allow the rezoning of 1.63 acre from 0-3, General Office District to PCD. The approval also would have allowed the creation of two (2) lots one being a lot without public street frontage. Lot 1 was proposed with the development of a 2,900 square foot restaurant. FILE NO.: Z -4565-C (Cont. Lot 2 was proposed for future development as an office use. A variance from the minimum driveway spacing requirement was proposed to allow a "right out" only driveway on Kanis Road. On October 5, 2009, the Little Rock Planning Commission approved a request to rezone this 1.63 acres from 0-3, General Office District to PCD to allow construction of a hotel. Fairfield Inn and Suite Hotel, which is a division of Marriot Hotels, proposed the construction of a three story 80 -room facility. The hotel was proposed with a covered canopy facing to the west and a two story parking deck adjacent to Kanis Road. At the request of the applicant the item was not forwarded to the Board of Directors for final action. A. PROPOSALIREQUESTIAPPLICANT'S STATEMENT: The applicant is now proposing construction of a Panera Bread restaurant with drive-thru service. The building contains 4,400 square feet with approximately 68 parking spaces. Hours of operation are from 6:00 am to 9:00 pm Monday thru Saturday and 7:00 am to 8:00 pm on Sunday. The request includes the placement of a pylon sign 36 -feet in height and 160 square feet in area at the northwest corner of the property. Access to the site will be from a shared driveway along the western edge of the property and through the existing bank branch at the southwest corner of the property to the rear parking area. The applicant is requesting a variance from the driveway spacing criteria to allow an exit driveway at the northeast corner of the property. The additional exit will allow customers exiting the drive thru lane to turn right onto Kanis Road which will allow more efficient circulation within the development. According to the applicant it is anticipated a large portion of the customer base will come from the Baptist Health complex located to the east on Kanis Road. B. EXISTING CONDITIONS: Kanis Road adjacent to the site has been constructed to Master Street Plan standard. The sidewalk is in place along the property frontage. The site is tree covered with a single-family residence located to the east of the site fronting Kaufman Road. There are other single-family homes located along Kaufman Road. There are a number of zoning classifications within the area. This site is zoned 0-3, General Office District as is the Bancorp South Bank property. The property to the west, Mamma Bea's Big Burger is zoned 0-2, Office and Institutional District as is property located to the south, fronting South Shackleford Road, containing hotels, restaurant uses and the Heart Hospital. Across South Shackleford Road is property zoned PCD, 0-3, General Office District, C-2, Shopping Center District and C-3, General Commercial District which has developed with a number of uses including a convenience store, hotels, automobile dealerships and general office uses. North of the site is a 2 FILE NO.: Z -4565-C (Cont. large insurance company office complex, Arkansas Farm Bureau, and a daycare facility, Kidco. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received an informational phone call from an area property owner's representative. All property owners located within 200 -feet of the site, all residents, who could be identified, located within 300 feet of the site and the John Barrow Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 2. A grading permit in accordance with Section 29-186 (c) and (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. 3. Kanis Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. An additional 10 feet of right of way, measured from the centerline of the right- of-way, for a future left turn lane should be dedicated. 4. With site development, provide the design of street conforming to the Master Street Plan. An in -lieu contribution should be made for one half street improvements on Kanis Road for future dual left turn lanes with the planned development. Contact Bill Henry of Traffic Engineering (379-1816) concerning the proposed design of Kanis Road per the Master Street Plan. 5. Sidewalks with appropriate handicap ramps are required along the 30 foot common access easement in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. 6. Stormwater detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. 7. Retaining walls designed to exceed 15 feet in height are required to seek a variance for construction. If retaining walls will be installed, provide proposed wall elevations. 8. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). 9. If disturbed area is one (1) or more acres, obtain a NPDES stormwater permit from the Arkansas Department of Environmental Quality prior to the start of construction. 3 FILE NO.: Z -4565-C (Cont. 10. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. Due to the location of the east right out only driveway location a variance must be requested. 11. The driveway entrance from the shared access easement must be redesigned due to the proposed plan has vehicles backing into the driveway entrance and vehicles accessing the south parking lot traveling northbound on the access easement. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Enter : Easements are required around the perimeter of the site. Contact Entergy for additional information. Center -Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of water service must be met. Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). The facilities on-site will be private. When meters are planned off private lines, private facilities shall be installed to Central Arkansas Water's material and construction specifications and installation will be inspected by an engineer, licensed to practice in the State of Arkansas. Execution of Customer Owned Line Agreement is required. 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 and the Little Rock Fire Department is required. Contact Central Arkansas Water regarding the size and location of all connections including metered connections off the private fire system. 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. Central Arkansas Water 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 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. 12 FILE NO.: Z -4565-C Cont.) Fire Department: Place fire hydrants per code. Maintain a 20 -foot wide access, Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: Approved as submitted. Parks and Recreation: No comment received. F. ISSUESITECHN ICALIDES I GN: Planning Division: This request is located in the 1-430 Planning District. The Land Use Plan shows Office for this property. Office allows services provided directly to consumers as well as general offices, which support more basic economic activities. The applicant has applied for a rezoning from 0-3, General Office District to PD -C to allow construction of a restaurant with drive-through. Master Street Plan: Kanis Road is a Minor Arterial. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Kanis Road since it is a Minor Arterial. These streets may require 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. A 9 foot wide perimeter landscaping strip is required along every perimeter of the property. 3. An automatic irrigation system is required. 4. Other areas set aside appear to meet with minimal ordinance requirements. 5. 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. SUBDIVISION COMMITTEE COMMENT: (August 4, 2011) Joe White was present representing the application. Staff presented the item and noted additional information was needed regarding signage, dumpster location and service hours and any proposed outdoor dining area. Staff noted the order board for the drive through needed to be screened to comply with Code. Staff 5 FILE NO.: Z -4565-C (Cont. made note of the driveway at the south end of the site and asked if there was an access easement or agreement to allow the driveway to cross onto the neighboring bank property. Public Works and landscape comments were discussed. Staff noted a variance would need to be requested to allow the east driveway onto Kanis Road. Staff said the variance would be supported for the right -out only driveway. The location and design of the internal driveway off of the access easement was discussed. Mr. White stated he would work with staff to address any concerns. Staff asked the Committee if it would be appropriate to limit the approval to the specifically proposed use, Panera Bread. Staff stated the plan showed a restaurant with drive-through service. Concern was noted that some drive-through restaurants generate much more traffic than others and this site was not conducive to a drive-through with a large traffic volume. Public Works staff stated their review was based on a Panera Bread restaurant which was not anticipated to be a large drive-through traffic generator. They stated other drive-throughs would have caused them to require a traffic study. Mr. White stated he would prefer not to have the approval tied to a specific user. Commissioner Rector asked if the approval could be tied to a specific traffic number; such as that anticipated by the City's Traffic Engineer to be generated by the Panera Bread use. Staff replied they would look into the matter. The applicant was advised to respond to staff issues by August 10, 2011. The Committee determined there were no other issues and forwarded the item to the full Commission. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing the issues raised at the August 4, 2011, Subdivision Committee meeting. The revised plan has addressed signage, dumpster location and service hours and any proposed outdoor dining area. The request includes a deferral of the requested in -lieu contribution for improvements to Kanis Road. The request also includes the allowance of grading the entire land use buffer along the eastern perimeter. The request is for approval of a PD -C to allow the construction of a restaurant with drive-thru service. The building is proposed containing 4,400 square feet and approximately 68 parking spaces. The site plan indicates an area of outdoor dining located in front of the building containing 1,750 square feet. Parking for a restaurant is based on one parking space per 100 gross square feet of building space including outdoor dining areas. Based on the square footage proposed for the restaurant within and outside the building a total of 61 parking spaces would typically be required to serve the restaurant use. Hours of operation are from 6:00 am to 9:00 pm Monday thru Saturday and 7:00 am to 8:00 pm on Sunday. The revised site plan indicates the placement of a dumpster along the eastern perimeter of the site. The applicant has not limited N FILE NO._ Z -4565-C (Cont. the hours of dumpster service. Staff recommends as long as the adjacent uses to the east are residential the hours of dumpster service be limited to daylight hours. The request includes the placement of a pylon sign 36 -feet in height and 160 square feet in area at the northwest corner of the property. Building signage is proposed on the front fagade of the building not to exceed ten (10) percent of the fagade area. Access to the site will be from a shared driveway along the western edge of the property and through the existing bank branch at the southwest corner of the property to the rear parking area. The plan also includes a right-in/right-out drive on Kanis Road. The applicant is requesting a variance from the driveway spacing criteria to allow this exit driveway which is proposed at the northeast corner of the property. According to the applicant the additional exit will allow customers exiting the drive thru lane to turn right onto Kanis Road which will allow more efficient circulation within the development. The request includes a variance from the buffer ordinance requirements to allow the eastern buffer to be graded and allow the utility easement to serve as the required buffer. There is an existing sewer line located within the required buffer area. The buffer ordinance states a minimum of seventy percent of the land use buffer shall be undisturbed. The right of way of any utility easement shall not be used in computing the depth or area of land use buffer in developments abutting property used or zoned for single-family or two-family use under R-1, R-2, R-3, R-4, PRD and PDR. The two properties located immediately east of the site are presently being used as single-family. Concerns have been raised regarding potential future restaurant users providing drive-through service and traffic volumes generated by the potential future user. The applicant has offered as a condition that any future restaurant user providing drive-through service be reviewed by the City's Traffic Engineer to determine the potential traffic volumes produced by the user and the circulation impact of the user on the site and any adjacent site or City street. Should the user and staff not reach an agreement the item would then be reviewed by the Planning Commission and Board of Directors as a revision to the PD -C zoning. The applicant has not addressed staff's concerns related to the internal circulation of the site. Staff and the applicant are working to resolve this concern and to provide the best overall circulation within the development to limit potential impacts on the adjacent sites and the City's street network. STAFF RECOMMENDATION: Staff recommendation is forthcoming. 7 FILE NO.: Z -4565-C Cont. PLANNING COMMISSION ACTION: (AUGUST 25, 2011) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had addressed their concerns related to the internal circulation of the site. Staff stated the applicant had also addressed their concerns related to a future user of the site by limiting the use of the property to Panera Bread. Staff stated based on the revised site plan and limiting the use to this specific user they were supportive of the request. Staff stated their knowledge there are no remaining outstanding technical issues associated with the request. Staff presented a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff presented a recommendation of approval of the variance request from the minimum driveway spacing requirement to allow a right-in/right-out driveway located on Kanis Road. Staff also presented a recommendation of approval of the variance request from City's Buffer Ordinance requirement to allow the eastern land use buffer to be cleared and contained within a utility easement. There was no further discussion of the item. The Chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. E•' August 25, 2011 ITEM NO.: 2 FILE NO.: Z -4565-C NAME: Lot 2, Kanis/Shackleford Subdivision Short -form PD -C, II LOCATION: Located at Lot 2, Kanis/Shackleford Subdivision, on the South side of the 10700 Block of Kanis Road DEVELOPER: Panera Bread, LLC c/o Flake and Kelly Commercial 425 West Capitol Avenue, Suite 300 Little Rock, AR 72201 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 1.63 acres CURRENT ZONING: ALLOWED USES PROPOSED ZONING PROPOSED USE: NUMBER OF LOTS: 1 0-3, General Office District Office PD -C Restaurant VARIANCES/WAIVERS REQUESTED: FT. NEW STREET: 0 LF 1. A variance from the minimum driveway spacing requirement to allow a Right- in/Right-out driveway located on Kanis Road. 2. A variance from the City's Buffer Ordinance requirement to allow the eastern land use buffer to be cleared and contained within a utility easement. BACKGROUND: On January 8, 2009, the Little Rock Planning Commission withdrew a request to allow the rezoning of 1.63 acre from 0-3, General Office District to PCD. The approval also would have allowed the creation of two (2) lots one being a lot without public street frontage. Lot 1 was proposed with the development of a 2,900 square foot restaurant. August 25, 2011 SUBDIVISION M NO.: 2 FILE NO.: Z -4565-C Lot 2 was proposed for future development as an office use. A variance from the minimum driveway spacing requirement was proposed to allow a "right out" only driveway on Kanis Road. On October 5, 2009, the Little Rock Planning Commission approved a request to rezone this 1.63 acres from 0-3, General Office District to PCD to allow construction of a hotel. Fairfield Inn and Suite Hotel, which is a division of Marriot Hotels, proposed the construction of a three story 80 -room facility. The hotel was proposed with a covered canopy facing to the west and a two story parking deck adjacent to Kanis Road. At the request of the applicant the item was not forwarded to the Board of Directors for final action. A. PROPOSALIREQUESTIAPPLICANT'S STATEMENT: The applicant is now proposing construction of a Panera Bread restaurant with drive-thru service. The building contains 4,400 square feet with approximately 68 parking spaces. Hours of operation are from 6:00 am to 9:00 pm Monday thru Saturday and 7:00 am to 8:00 pm on Sunday. The request includes the placement of a pylon sign 36 -feet in height and 160 square feet in area at the northwest corner of the property. Access to the site will be from a shared driveway along the western edge of the property and through the existing bank branch at the southwest corner of the property to the rear parking area. The applicant is requesting a variance from the driveway spacing criteria to allow an exit driveway at the northeast corner of the property. The additional exit will allow customers exiting the drive thru lane to turn right onto Kanis Road which will allow more efficient circulation within the development. According to the applicant it is anticipated a large portion of the customer base will come from the Baptist Health complex located to the east on Kanis Road. B. EXISTING CONDITIONS: Kanis Road adjacent to the site has been constructed to Master Street Plan standard. The sidewalk is in place along the property frontage. The site is tree covered with a single-family residence located to the east of the site fronting Kaufman Road. There are other single-family homes located along Kaufman Road. There are a number of zoning classifications within the area. This site is zoned 0-3, General Office District as is the Bancorp South Bank property. The property to the west, Mamma Bea's Big Burger is zoned 0-2, Office and Institutional District as is property Located to the south, fronting South E August 25, 2011 SUBDIVISION ITEM NO.: 2 Cont. FILE NO.: Z -4565-C Shackleford Road, containing hotels, restaurant uses and the Heart Hospital. Across South Shackleford Road is property zoned PCD, 0-3, General Office District, C-2, Shopping Center District and C-3, General Commercial District which has developed with a number of uses including a convenience store, hotels, automobile dealerships and general office uses. North of the site is a large insurance company office complex, Arkansas Farm Bureau, and a daycare facility, Kidco. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received an informational phone call from an area property owner's representative. All property owners located within 200 -feet of the site, all residents, who could be identified, located within 300 feet of the site and the John Barrow Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 2. A grading permit in accordance with Section 29-186 (c) and (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. 3. Kanis Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. An additional 10 feet of right of way, measured from the centerline of the right- of-way, for a future left turn lane should be dedicated. 4. With site development, provide the design of street conforming to the Master Street Plan. An in -lieu contribution should be made for one half street improvements on Kanis Road for future dual left turn lanes with the planned development. Contact Bill Henry of Traffic Engineering (379-1816) concerning the proposed design of Kanis Road per the Master Street Plan. 5. Sidewalks with appropriate handicap ramps are required along the 30 foot common access easement in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. 6. Stormwater detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. Q August 25, 2011 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: Z -4565-C 7. Retaining walls designed to exceed 15 feet in height are required to seek a variance for construction. If retaining walls will be installed, provide proposed wall elevations. 8. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). 9. If disturbed area is one (1) or more acres, obtain a NPDES stormwater permit from the Arkansas Department of Environmental Quality prior to the start of construction. 10. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. Due to the location of the east right out only driveway location a variance must be requested. 11. The driveway entrance from the shared access easement must be redesigned due to the proposed plan has vehicles backing into the driveway entrance and vehicles accessing the south parking lot traveling northbound on the access easement. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Enter : Easements are required around the perimeter of the site. Contact Entergy for additional information. Center -Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of water service must be met. Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). The facilities on-site will be private. When meters are planned off private lines, private facilities shall be installed to Central Arkansas Water's material and construction specifications and installation will be inspected by an engineer, licensed to practice in the State of Arkansas. Execution of Customer Owned Line Agreement is required. 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 4 August 25, 2011 SUBDIVISION ITEM NO.: 2 Cont. FILE NO.: Z -4565-C water facilities and/or fire service. Approval of plans by the Arkansas Department of Health and the Little Rock Fire Department is required. Contact Central Arkansas Water regarding the size and location of all connections including metered connections off the private fire system. 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. Central Arkansas Water 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 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 a 20 -foot wide access. Contact the Little Rock Fire Department for additional information. County Plannin : No comment. CATA: Approved as submitted. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the 1-430 Planning District. The Land Use Plan shows Office for this property. Office allows services provided directly to consumers as well as general offices, which support more basic economic activities. The applicant has applied for a rezoning from 0-3, General Office District to PD -C to allow construction of a restaurant with drive-through. Master Street Plan: Kanis Road is a Minor Arterial. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Kanis Road since it is a Minor Arterial. These streets may require 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. 5 August 25, 2011 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: Z -4565-C Landscape: 1. Site plan must comply with the City's landscape and buffer ordinance requirements. 2. A 9 foot wide perimeter landscaping strip is required along every perimeter of the property. 3. An automatic irrigation system is required. 4. Other areas set aside appear to meet with minimal ordinance requirements. 5. 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. SUBDIVISION COMMITTEE COMMENT: (August 4, 2011) Joe White was present representing the application. Staff presented the item and noted additional information was needed regarding signage, dumpster location and service hours and any proposed outdoor dining area. Staff noted the order board for the drive through needed to be screened to comply with Code. Staff made note of the driveway at the south end of the site and asked if there was an access easement or agreement to allow the driveway to cross onto the neighboring bank property. Public Works and landscape comments were discussed. Staff noted a variance would need to be requested to allow the east driveway onto Kanis Road. Staff said the variance would be supported for the right -out only driveway. The location and design of the internal driveway off of the access easement was discussed. Mr. White stated he would work with staff to address any concerns. Staff asked the Committee if it would be appropriate to limit the approval to the specifically proposed use, Panera Bread. Staff stated the plan showed a restaurant with drive-through service. Concern was noted that some drive-through restaurants generate much more traffic than others and this site was not conducive to a drive-through with a large traffic volume. Public Works staff stated their review was based on a Panera Bread restaurant which was not anticipated to be a large drive-through traffic generator. They stated other drive-throughs would have caused them to require a traffic study. Mr. White stated he would prefer not to have the approval tied to a specific user. Commissioner Rector asked if the approval could be tied to a specific traffic number; such as that anticipated by the City's Traffic Engineer to be generated by the Panera Bread use. Staff replied they would look into the matter. C August 25, 2011 SUBDIVISION ITEM NO.- 2 (Cont. FILE NO.: Z The applicant was advised to respond to staff issues by August 10, 2011. The Committee determined there were no other issues and forwarded the item to the full Commission. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing the issues raised at the August 4, 2011, Subdivision Committee meeting. The revised plan has addressed signage, dumpster location and service hours and any proposed outdoor dining area. The request includes a deferral of the requested in -lieu contribution for improvements to Kanis Road. The request also includes the allowance of grading the entire land use buffer along the eastern perimeter. The request is for approval of a PD -C to allow the construction of a restaurant with drive-thru service. The building is proposed containing 4,400 square feet and approximately 68 parking spaces. The site plan indicates an area of outdoor dining located in front of the building containing 1,750 square feet. Parking for a restaurant is based on one parking space per 100 gross square feet of building space including outdoor dining areas. Based on the square footage proposed for the restaurant within and outside the building a total of 61 parking spaces would typically be required to serve the restaurant use. Hours of operation are from 6:00 am to 9:00 pm Monday thru Saturday and 7:00 am to 8:00 pm on Sunday. The revised site plan indicates the placement of a dumpster along the eastern perimeter of the site. The applicant has not limited the hours of dumpster service. Staff recommends as long as the adjacent uses to the east are residential the hours of dumpster service be limited to daylight hours. The request includes the placement of a pylon sign 36 -feet in height and 160 square feet in area at the northwest corner of the property. Building signage is proposed on the front facade of the building not to exceed ten (10) percent of the facade area. Access to the site will be from a shared driveway along the western edge of the property and through the existing bank branch at the southwest corner of the property to the rear parking area. The plan also includes a right-in/right-out drive on Kanis Road. The applicant is requesting a variance from the driveway spacing criteria to allow this exit driveway which is proposed at the northeast corner of the property. According to the applicant the additional exit will allow customers exiting the drive thru lane to turn right onto Kanis Road which will allow more efficient circulation within the development. 7 August 25, 2011 SUBDIVISION ITEM NO.: 2 Cont. FILE NO.: Z -4565-C The request includes a variance from the buffer ordinance requirements to allow the eastern buffer to be graded and allow the utility easement to serve as the required buffer. There is an existing sewer line located within the required buffer area. The buffer ordinance states a minimum of seventy percent of the land use buffer shall be undisturbed. The right of way of any utility easement shall not be used in computing the depth or area of land use buffer in developments abutting property used or zoned for single-family or two-family use under R-1, R-2, R-3, R-4, PRD and PDR. The two properties located immediately east of the site are presently being used as single-family. Concerns have been raised regarding potential future restaurant users providing drive-through service and traffic volumes generated by the potential future user. The applicant has offered as a condition that any future restaurant user providing drive-through service be reviewed by the City's Traffic Engineer to determine the potential traffic volumes produced by the user and the circulation impact of the user on the site and any adjacent site or City street. Should the user and staff not reach an agreement the item would then be reviewed by the Planning Commission and Board of Directors as a revision to the PD -C zoning. The applicant has not addressed staff's concerns related to the internal circulation of the site. Staff and the applicant are working to resolve this concern and to provide the best overall circulation within the development to limit potential impacts on the adjacent sites and the City's street network. I. STAFF RECOMMENDATION: Staff recommendation is forthcoming. PLANNING COMMISSION ACTION: (AUGUST 25, 2011) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had addressed their concerns related to the internal circulation of the site. Staff stated the applicant had also addressed their concerns related to a future user of the site by limiting the use of the property to Panera Bread. Staff stated based on the revised site plan and limiting the use to this specific user they were supportive of the request. Staff stated their knowledge there are no remaining outstanding technical issues associated with the request. Staff presented a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff presented a recommendation of approval of the variance request from the minimum driveway spacing requirement to allow a right-in/right-out driveway located on Kanis August 25, 2011 SUBDIVISION ITEM NO.: 2 (Cont. FILE NO.: Z -4565-C Road. Staff also presented a recommendation of approval of the variance request from City's Buffer Ordinance requirement to allow the eastern land use buffer to be cleared and contained within a utility easement. There was no further discussion of the item. The Chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. eJ ITEM NO.: 2. Z -4565-C NAME: Lot 2, Kanis/Shackleford Subdivision Short -form PD -C, II LOCATION: located at Lot 2, Kanis/Shackleford Subdivision, on the South side of the 10700 Block of Kanis Road Planning Staff Comments: 1. Provide notification of property owners located within 200 -feet of the site, complete with the certified abstract list, notice form with affidavit executed and proof of mailing. The notice must be mailed no later than August 10, 2011. The Office of Planning and Development must receive the proof of notice no later than August 19, 2011. 2. Provide the location for the proposed dumpster facility. Include a note concerning the required screening of the dumpster. Will the hours of dumpster service be limited to daylight hours? If so include a note on the site plan indicating the limited hours of dumpster service. 3. Provide details of the proposed signage plan including ground and building signage. The site plan should include a note stating the total height and total sign area proposed for ground signage. The plan should also include a note stating the percentage of facade area proposed for building signage. Based on the typical ordinance standard signage will only be allowed on the front facade abutting Kanis Road. 4. The order menu board must be screened per Section 36-298(1). 5. Will there be an area of outdoor dining? If so note the location on the site plan and include the number of anticipated seats within the outdoor dining area. 6. Does the access easement extend to the southern property line? If not are there or will there be agreements in place to allow the southern most driveway access the Bancorp South property? Variance/Waivers: None requested. — Right-in/Right-Out driveway location blic Works Conditions: 1. Repair or replace any curb and gutter or sidewalk that is damaged in the public right- of-way prior to occupancy. 2. A grading permit in accordance with Section 29-186 (c) and (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. 3. Kanis Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. An additional 10 feet of right of way, measured from the centerline of the right-of-way, for a future left turn lane should be dedicated. 4. With site development, provide the design of street conforming to the Master Street Plan. An in -lieu contribution should be made for one half street improvements on Item # 2. Kanis Road for future dual left turn lanes with the planned development. Contact Bill Henry of Traffic Engineering (379-1816) concerning the proposed design of Kanis Road per the Master Street Plan. 5. Sidewalks with appropriate handicap ramps are required along the 30 foot common access easement in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. 6. Stormwater detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. 7. Retaining walls designed to exceed 15 feet in height are required to seek a variance for construction. If retaining walls will be installed, provide proposed wall elevations. 8. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). 9. If disturbed area is one (1) or more acres, obtain a NPDES stormwater permit from the Arkansas Department of Environmental Quality prior to the start of construction. 10. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. Due to the location of the east right out only driveway location a variance must be requested. 11. The driveway entrance from the shared access easement must be redesigned due to the proposed plan has vehicles backing into the driveway entrance and vehicles accessing the south parking lot traveling northbound on the access easement. A revised plan is provided by staff. Utilities and Fire Department/County Planning: Wastewater: Sewer available to this project. Entergy: Easements are required around the perimeter of the site. Contact Entergy for additional information. Center -Point Ener : No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of water service must be met. Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). The facilities on-site will be private. When meters are planned off private lines, private facilities shall be installed to Central Arkansas Water's material and construction specifications and installation will be inspected by an engineer, licensed to practice in the State of Arkansas. Execution of Customer Owned Line Agreement is required. 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 and the Little Rock Fire Department is required. Contact Central Arkansas Water regarding the size and location of all connections including metered connections off the private fire system. Due to the nature of this facility, installation of Item # 2. an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly mast be installed prior to the first point of use. Central Arkansas Water 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 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 a 20 -foot wide access. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: Approved as submitted. Parks and Recreation: No comment received. Planning Division: This request is located in the 1-430 Planning District. The Land Use Plan shows Office for this property. Office allows services provided directly to consumers as well as general offices, which support more basic economic activities. The applicant has applied for a rezoning from 0-3, General Office District to PD -C to allow construction of a restaurant with drive-through. Master Street Plan: Kanis Road is a Minor Arterial. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Kanis Road since it is a Minor Arterial. These streets may require 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. A 9 foot wide perimeter landscaping strip is required along every perimeter of the property. One area appears deficient; parking can be reduced to meet this minimal ordinance requirement. 3. An automatic irrigation system is required. 4. Other areas set aside appear to meet with minimal ordinance requirements. 5. 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. Revised plat/plan: Submit four (4) copies of a revised preliminary plat/plan (to include the additional information as noted above) to staff on Wednesday, August 10, 2011. Item # 2.