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HomeMy WebLinkAboutZ-4923-G Staff AnalysisJanuary 8, 2009 ITEM NO.: H FILE NO.: Z -4923-G NAME: Shackleford Crossing Lot 1 Revised Long -form PCD (Cracker Barrel) LOCATION: Located at 2618 South Shackleford Road DEVELOPER: Cracker Barrel c/o Cindy Gray 2618 South Shackleford Road Little Rock, AR 72205 FNrINFFR Design and Engineering 5105 Maryland Way Suite 200 Brentwood, TN 37027 AREA: 2.5 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: PCD ALLOWED USES: Mixed Use Shopping Center PROPOSED ZONING- Revised PCD PROPOSED USE. Mixed Use Shopping Center — Add temporary storage modules on the site for inventory storage VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: The Little Rock Board of Directors adopted Ordinance No. 19,237 on November 23, 2004, approving a Conceptual PCD known as Shackleford Crossing Long -form PCD, which was located at the southwest corner of South Shackleford Road and Interstate 430. The conceptual plan included the north 62 acres being developed with C-2, Shopping Center District permitted uses, the south 20 acres being 0-2, Office and Institutional District permitted uses and the middle 15 acres being a transition area where 0-2, Office and Institutional District and C-2, Shopping Center District permitted uses would be allowed. The plan also showed four out parcels along the Shackleford January 8, 2009 ITEM NO.: H (Cont.) FILE NO.: Z -4923-G Road frontage, with three main entry drives from Shackleford Road. The total project would consist of 1,000,000 square feet of gross building area. Ordinance No. 19,399 adopted by the Little Rock Board of Directors on September 20, 2005, established revisions to the previously approved PCD. The approval defined the site plan for Phase I, the commercial portion of the project and one of the office lots. With the request, a preliminary plat for the subdivision of the site with sixteen lots and out -parcels was also approved. The approved site plan included an area previously excluded containing the Comcast office tract on Shackleford Road and incorporated the area into the overall project plan. All the conditions that were a part of the previously approved Conceptual PCD were incorporated into the submittal with one revision. The one change requested from the prior conditions was to increase the allowable restaurant square footage and place a minimum parking ratio requirement for restaurants on the site as imposed by the developer: Commercial/Retail buildings constructed on the property shall not exceed a total of 750,000 square feet of gross floor area, with a maximum of 40,000 square feet of restaurant uses on out parcels and 35,000 square feet of restaurant uses on the balance of project with a total maximum restaurant use for the entire property not to exceed 65,000 square feet. Additionally, all restaurants shall have a parking ratio of not less than 12 spaces per 1,000 square feet calculated independently of retail parking ratios. Ordinance No. 19,699 adopted by the Little Rock Board of Directors on February 20, 2007, revised the PCD to clarify the signage plan, allow dock doors to be oriented to Shackleford Road and add food store as an allowable use for the site. On May 8, 2008, the Little Rock Planning Commission recommended approval of a request to allow a revision to the previously approved PCD for a 2.2 -acre parcel located near the southeastern portion of the site immediately south of the proposed Big Box retail store. The approval allowed for development of a four story 92 room hotel with paved drives and I)arl:ing. The hotel was not proposed with any amenities such as conference rooms, a restaurant or a bar. The Board of Directors approved the request on June 3, 2008, by the adoption of Ordinance No. 19,980. On July 15, 2008, the Little Rock Board of Directors approved a revision to the PCD by the adoption of Ordinance No. 19,994 to clarify and amend some of the language in the conditions and to add a hotel footprint to the approved site plan. The modifications include the addition of Conditional Uses in the 0-2, Office and Institutional Zoning District to the allowable uses and to increase the amount of restaurant square footage approved for the development. The revision allowed 55,000 square feet of restaurant space on the out parcels and a maximum of 80,000 square feet within the overall development. 2 January 8, 2009 ITEM NO.: H (Cont. FILE NO.: Z -4923-G The hotel was proposed on Lot 11 near the southwest corner of the site. The hotel was indicated with a maximum of four stories and 87 rooms. The hotel would not have a restaurant or bar associated with it but a 1,200 square foot meeting room was proposed. A. PROPOSAL/REQUEST- The applicant is now requesting a revision to the previously approved PCD to add temporary storage on the site via two storage modules to be placed on the out -lot occupied by Cracker Barrel Restaurant. The storage modules are proposed to be 40 feet in length and 8 feet in width and are proposed to be behind the restaurant building. The delivery of the storage modules is proposed to be staggered with the first storage module delivered on July 1St and the 2nd delivered on September 1St yearly. The storage modules will be removed from the site no later than February 15th of each year. Items to be stored in the storage modules are stock and inventory of retail merchandise and fixtures that cannot be stored in the stock room of the existing building. No perishable items are proposed for storage. B. EXISTING CONDITIONS: The shopping center has developed and site work is completed for the Wal-Mart Super Center but construction has yet to begin. Along the southern portion of the site a new hotel is under construction and Comcast is currently under review for an expansion. The street work adjacent to the site has been completed and all access drives within the shopping center are completed. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area property owners. All property owners located within 200 feet of the site, all residents, who could be identified, located within 300 feet of the site, the John Barrow Neighborhood Association and the Sandpiper Neighborhood Association were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: No comment. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project - 3 January 8, 2009 ITEM NO.: H (Cont.) FILE NO.: Z -4923-G Entergy: No comment received. Center -Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: Care must be taken not to block any water meters or access to fire protection. Fire Department: The storage modules may not be placed within the fire access lane. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the 1-430 Planning District. The Land Use Plan shows Mixed Office Commercial for this property. The applicant has applied for a revised Planned Commercial Development to allow storage modules in the Cracker Barrel parking lot. The request does not require a change to the Land Use Plan, Master Street Plan: South Shackleford 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. Bicycle Plan: There are no bike routes in this immediate vicinity. Neighborhood Action Plan: The John Barrow Neighborhood Action Plan covers this area, but the Plan does not address this issue. Landscape: 1. The site plan must comply with the City's landscape and buffer ordinance requirements. 2. All landscaping must be in good condition or replaced in conjunction with this application. 9 January 8, 2009 ITEM NO.: H (Cont. FILE NO.: Z -4923-G G. SUBDIVISION COMMITTEE COMMENT: (November 20, 2008) The applicant was not present. Staff presented an overview of the request stating there were no outstanding technical issues associated with the request. There being no further issues for discussion, the Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: There were no outstanding technical issues associated with the request in need of addressing raised at the November 20, 2008, Subdivision Committee meeting. The applicant is requesting a revision to the previously approved PCD to add temporary storage on the Cracker Barrel site via two storage modules. The storage modules are proposed to be 40 feet in length and 8 feet in width and are proposed to be behind the restaurant building. The delivery of the storage modules is proposed to be staggered with the first module delivered on July 1St and the 2nd storage module delivered on September 1St yearly. The storage modules will be removed from the site no later than February 15th of each year. Items to be stored in the storage modules are stock and inventory of retail merchandise and fixtures that cannot be stored in the stock room of the existing restaurant building. No perishable items are proposed for storage. According to the developers of Shackleford Crossings Shopping Center, they have placed limits on the place the storage modules can be located. The developer has stated the storage modules must be placed behind the building to not be visible from South Shackleford Road. This would place the storage modules within the fire lane. The Fire Department comments state the storage modules cannot be placed within the fire lane. Staff is not supportive of the placement of storage modules to act as inventory storage on this site. Per Section 36-252, "Accessory buildings in certain districts" the ordinance outlines appropriate accessory building construction specifications. The ordinance states accessory buildings are to be specifically designed and constructed for the purpose of serving as an accessory building and items such as cargo containers, truck boxes and trailers, train cars and cabooses, mobile homes, manufactured homes and recreational vehicles or trailers shall not be deemed appropriate to serve as an accessory building. Although this section of the ordinance applies to residential zoning districts, staff feels it applicable to accessory buildings in other zones as well. The approval will allow one or more storage modules to be on the site for seven and one-half months of the year. The fire department has indicated the storage modules cannot be located within the fire access drive. Staff feels based on the fire department comment and the time frame requested for the storage modules to be located on the site, the 5 January 8, 2009 ITEM NO.: H (Cont.) FILE NO.: Z -4923-G applicant should construct a permanent building for inventory storage. Staff feels the building construction should be of an architectural style and materials that would match the existing building. STAFF RECOMMENDATIONS: Staff recommends denial of the request as filed. PLANNING COMMISSION ACTION: (DECEMBER 18, 2008) The applicant was present. There were registered objectors present. Chairman Taylor stated when there were eight (8) or fewer Commissioners present the practice of the Commission had been to allow the applicant the option of deferral of an item to a subsequent meeting. He questioned if the applicant desired a deferral of the item to the January 8, 2009, public hearing. Ms. Cindy Gray stated his desire was to defer the item to the January 8, 2009, public hearing. There was no further discussion of the item. The chair entertained a motion of approval of the item for deferral to the January 8, 2009, public hearing. The motion carried by a vote of 6 ayes, 0 noes, 2 absent and 3 open positions. STAFF UPDATE: This item was deferred from the December 18, 2008, public hearing due to the number of Commissioners present. There has been no change to the application request since the previous staff write-up and recommendation. Staff continues to recommend denial of the request to allow the placement of storage modules within the parking lot area of this existing restaurant. PLANNING COMMISSION ACTION: (JANUARY 8, 2009) Ms. Cindy Gray was present representing the request. Staff presented the item stating there were a couple of corrections, one to the site plan and the second to the write-up. Staff stated the site plan indicated the storage modules would occupy two parking spaces when in fact the modules would cover five parking spaces. Staff stated the second issue was the storage modules would not be located within the fire lane as indicated in the write-up. Staff stated the storage modules would be located behind the building and within the parking stalls near the dumpster. Ms. Gray stated she had a letter from the developer stating if Cracker Barrel complied with certain criteria they would approve the temporary storage. Chairman Taylor stated the developer had criteria but the zoning ordinance addressed accessory buildings and m January 8, 2009 ITEM NO.: H (Cont_) FILE NO.: Z -4923-G storage modules. He stated to allow the placement of the storage modules as temporary storage would require approval from the Planning Commission and the Board of Directors. Ms. Gray stated since staff was concerned with the length of time the storage modules would be on site she would reduce the time. She stated the storage modules would be located on the site from September 15th to January 15th. She stated this was only four months as opposed to the previous seven month request. She stated she would also screen the storage modules if desired. She stated the storage modules would be brown and the same color as the Cracker Barrel building. She stated fencing could be placed around the storage modules to help screen them from view. She questioned how other businesses in the area were allowed temporary storage modules. There was a general discussion by the Commission concerning previous request and how temporary storage modules had been handled in the City. Staff stated when Wal -mart provided a lay -a -way service Wal -mart was granted temporary storage modules during the Christmas season. Staff stated the approval was granted as a Conditional Use Permit. Staff stated in some cases the Board of Adjustment had approved the placement of temporary storage modules but the placement of temporary storage modules did take a review process. The Commission indicated to Ms. Gray they felt a permanent building was more suitable for the site if storage was necessary. Ms. Gray stated since the storage was only needed for a few months out of the year it was not financially feasible to construct a permanent building. A motion was made to approve the request as filed. The motion failed by a vote of 0 ayes, 10 noes and 1 absent. 7 ITEM NO.: 8, Z -4923-G NAME: Shackleford Crossing Lot 1 Revised Long -form PCD (Cracker Barrel) LOCATION: located at 2618 South Shackleford Road Planning Staff Comments_ 1. Provide notification of abutting property owners 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 December 3, 2008. The Office of Planning and Development must receive the proof of notice no later than December 12, 2008. 2. Provide the time frame for the storage modules to be located on the site. 3. Provide the letter of agreement from the developer indicating the approval of the placement of the storage modules and noting any conditions imposed. 4. Staff has concerns with the placement of the storage modules within the parking lot area. Staff would be more supportive of the construction of a permanent building on the site constructed with materials and architectural features similar to the construction of the shopping center and the Cracker Barrel Restaurant. Variance/Waivers: None requested. Public Works Conditions: No comment. Utilities and Fire Department/County Planning: Wastewater: Sewer available to this project. Entergy: No comment received. Center -Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: Care must be taken not to block any water meters or access to fire protection. Fire Department: Approved as submitted. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. Item # 8. Planning Division: This request is located in the 1-430 Planning District. The Land Use Plan shows Mixed Office Commercial for this property. The applicant has applied for a revised Planned Commercial Development to allow storage modules in the Cracker Barrel parking lot. The request does not require a change to the Land Use Plan. Master Street Plan- South Shackleford 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. Bicycle Plan: There are no bike routes in this immediate vicinity. Neighborhood Action Plan: The John Barrow Neighborhood Action Plan covers this area, but the Plan does not address this issue. Landscape: 1. The site plan must comply with the City's minimal landscape and buffer ordinance requirements. 2. All landscaping must be in good condition or replaced in conjunction with this application. Revised plat/plan: Submit four (4) copies of a revised preliminary plat/plan (to include the additional information as noted above) to staff on Monday, December 1, 2008. Item # 8.