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HomeMy WebLinkAboutZ-4933-D Staff AnalysisNom: ONE SOURCE HOME CENTER -- AMENDED LONG -FORM PLANNED COMMERCIAL DEVELOPMENT zoC&TION: At the southeast corner of Chenal Parkway and Kornis Rd. Eugene M. Pfeifer C/o Olan J. Asbury Joe White THE HATHAWAY GROUP WHITE-DATERS & ASSOCIATES, INC. 100 Morgan Keegan Dr., Suite 120 401 S. Victory St. Little Rock, AR 72202 Little Rock, AR 72201 663-5400 374-1666 AREA: 8.85 ACRES NMMER F LOT : 2 FT. NEW TREET: ZONING: PCD PR P ED E Continuation of the hardware store and lumber yard uses previously approved, plus all permitted and conditional uses listed in the C-3 zoning district regulations. PLANNING DI TRICT: 18 CENSUS TRACT: 42.06 VARIANCESV&RIANCES REQUETBD: None BACKGRQT�N . The site was zoned PCD on December 26, 1990, by Ordinance No. 15,990. This action established the "Mechanics Lumber Company Long -Forza PCD (Z -4933-B). The Planning Commission recommended approval of the action at its November 20, 1990 public hearing. The approved PCD permitted the development of a 17,500 square foot hardware store, a 32,320 square foot lumber yard facility, and the creation of two out -parcels which require amendment to the PCD in order to develop. (No uses or building areas were established.) Development plans for the out -parcel at the corner of Chenal Parkway and Kanis Rd., to the west to the hardware store -lumber yard facility, was reviewed by the Planning Commission on November 29, 1994, with Board of Directors approval of an amended PCD district titled "Worthen Bank Branch, Chenal Parkway --Amended Short -Form PCD" (Z -4933-C), following on December 20, 1994, established by Ordinance No. 16,811. In the action taken by the Planning Commission on November 29, 1994, the Commission recommended denial of a requested waiver of the requirement to construct a sidewalk along the Kanis Rd. boundary of the out -parcel. In its action on December 20, 1994, the Board of Directors approved the waiver in Ordinance No. 16,812. The applicant proposes to amend the original PCD to: 1) eliminate the eastern out -parcel, and combine it with the existing Lot 1; and, 2) add 15,000 square feet of retail lease space to the east end of the existing building, including an addition to the parking area, new access points from the east, and construction of a portion of the future eastern boundary minor arterial street. The applicant specifically requests approval for the continued use of the property for the hardware store and lumber yard facility, plus requests approval of all C-3 uses as listed in the permitted and conditional uses in the C-3 zoning district regulations. The applicant proposes to work with Public Works in negotiating an agreement for sharing the cost of construction for the new north -south minor arterial street which is to lie along the east boundary of the tract; however, waivers of some requirements may be requested by the applicant when Public Works requirements are established. A. PRQPQSAI,/REQUEST: Planning Commission review and Board of Directors approval of an amended PCD is requested. B. EXISTING CONDITIONS: The site is the current location of the Builders Home Center and Supply facility, plus the vacant out -parcel which lies to the east of this development. There are some trees on the undeveloped portion of the site, but, for the most part, the site is cleared. The site is zoned PCD. Property immediately to the east is zoned R-2, but is the location of the Kinco contractors offices and materials yard. Across Kanis Rd. to the south and west is all R-2 zoned property. To the north, across Chenal Parkway, is an R-2 zoned tract to the northeast which is the location of the Highland Valley United Methodist Church and, directly to the north, an undeveloped 0-3 tract. A C-2 tract lies to the northeast across Chenal Parkway. C. ENGINEER INGIUTILITY COMMENTS: Public Works comments: Right-of-way dedication for a right -turn lane on Chenal Parkway is required. K Construct 36 feet of pavement for the east minor arterial to a grade that will be consistent with the preliminary plan for its inter -section with Chenal Parkway. Contribute in -lieu for the right turn lane and one-half of the minor arterial costs. (The manor arterial on the east side will include right turn lanes at the north and south ends.) A credit towards the in - lieu will be allowed for the 36 foot pavement and grading work. Contribute $20,000 toward the cost of the intersection construction. This represents one-half the Chenal Commercial Subdivision commitment, or one-fourth of the estimated costs. Improve the Ranis Rd. to collector standards, including providing a sidewalk, along the Ranis Rd. boundary of the site. The north driveway on the future minor arterial is located too close to the planned intersection, and must be relocated or eliminated. Provide the required stormwater detention analysis. Additional parking may be required. Water works comments that, in addition to normal connection charges, an acreage charge of $300 per acre applies. Additional on-site fire protection may be required. An existing water line easement across this property is not shown, and must be added to the plat. Wastewater comments that sewer service is available. Arkansas Power and Light Co. did not respond. Arkansas Louisiana Gas Co. did not respond. Southwestern Bell Telephone Co. approved the submittal. The Fire Department noted that additional on-site fire hydrants may be needed. The Neighborhoods and Planning Site Plan Review Specialist comments that the areas set aside for buffers and landscaping meet ordinance requirements. A portion of the eastern buffer adjacent to the future minor arterial street drops below the full requirement of 21 feet, but meets the ordinance requirements when averaged out. 3 Sec. 36-502 sets the requirements for commercial (retail) and industrial (storage and lumber yard) uses. For general retail sales uses, one space is required for each 300 square feet of gross floor area up to 10,000 square feet; then, for floor areas of 10,001 to 20,000 square feet, 95% of this number is required; then, for floor areas of 20,001 to 30,000 square feet, 30% is required; then, for areas of 30,001 to 40,000 square feet, 85% is required. The existing general retail floor area is 17,500 square feet; the addition will be 15,000 square feet, or, 32,500 square feet total. This amount of general retail space will require, according to the Ordinance, 124 spaces. The material storage and lumber storage totals 34,080, and requires 22 spaces. The total required, then, should be 146 parking spaces; 136 is proposed to be provided. Sec. 31-201 requires that, "whenever a proposed (development) abuts a partially ... constructed...street, the developer shall provide the minimum of one-half of the required improvements and right-of-way. Ranis Rd., along the south boundary of the tract, does not meet Master street Plan standards, and half street improvements and a sidewalk are required. Improvements to Kanis Rd., however, were not a requirement of the developer when the original PCD was approved; they are, however, a requirement for construction of the bank facility on the west out -parcel. (The sidewalk requirement was waived by the Board of Directors, contrary to the Planning Commission recommendation, for the out - parcel.) E. ANALYSIS• The Planning staff reports that the development is in the Ellis Mountain Planning District. The area is designated on the adopted Land Use Plan for commercial uses. The requested C-3 uses, then, are in conformance with the Plan. The 22 parking spaces allotted to the material storage and lumber storage uses are based, presumably, on a separate "free-standing" storage use not associated with a principal use. There may be some room for compromise on this number; thus, the 136 spaces may be appropriate. The applicant, however, needs to be the one who addresses this matter and requests approval of the number of parking spaces he proposes to provide. 4 Staff recommends approval of the amended PCD. Staff recommends that all Public Works improvements requirements be required to be provided as part of the amended PCD. SnBDZVjSjQN CQKKIITEE (AUGUST 31, 1995) Mr. Gene Pfeifer, the applicant, and Mr. Joe White, with White-' Daters & Associates, were present. Staff outlined to the Committee members the proposed development. The Committee reviewed the discussion outline with Mr. Pfeifer and Mr. White. David Scherer, with the Public Works staff, presented the Public Works comments, and explained to Mr. Pfeifer the Public Works rationale for the comments and their implications for his development. Mr. Pfeifer indicated that he would have to consider these comments. Mr. white said that the additional information would be provided, and that required changes would be discussed with Public Works. The Committee forwarded the item to the full Commission for the public hearing. PLj&NNING—COMM1ZON A TION: (SEPTEMBER 19, 1995) Mr. Olan Asbury, representing the developer, was present. Staff outlined the request involved in the amended PCD. Mr. Asbury recounted the history of the approval of the original PCD in 1990, and of the agreements concerning the rights-of-way and street improvements which were associated with that approval. He stated the elements of the amendment to the PCD which the applicant was seeking. He asked for a concession to permit the northern -most eastern drive onto the future north -south minor arterial to remain as shown on the plan. He said that, since the proposed building addition is an extension of the existing building, and the parking lot is being extended eastward, the location of the drive approach from the street is established by the existing construction. He said that, until the north -south minor arterial is constructed, to delete this drive approach would cause a real hardship for customer access to the property, since the only other viable access point is off Chenal Parkway. He said that, when the north -south minor arterial is constructed at some time in the future, the northern -most access point could become a right -turn out only. The southern -most east access point, he said, is proposed to be increased to the maximum allowable width, and, upon construction of the north -south minor arterial, would become the main entry to the commercial center. -FILE t1o, Z -4933-D (Cont Mr. Asbury, speaking of the requested waivers, indicated that the developer would not commit to making improvements along the Kanis Rd. frontage of the site, saying that, when the PCD was approved in 1990, the improvements issues regarding Kanis Rd. were addressed at that time; that the current PCD issue does not abut xanis Rd.; and, that it is inappropriate to raise these requirements after they had been established and settled previously. Mr. Asbury reiterated the agreements with the City regarding construction of the north -south manor arterial, saying that it is the developer's commitment to paying one-half the cost of these improvements, with the stipulation that the developer pay one- half the cost of the north -south minor arterial as it was aligned in 1990, not as it the alignment has been changed. He explained that recently the alignment had been changed to curve to the east to intersect Kanis Rd., instead of intersecting Kanis Rd. at a nearly right-angle, and the developer would not be interested in paying one-half the cost of this expanded project. He said that the developer would agree to constructing the full width of the north one -halt of the project, according to the original alignment. Mr. Asbury stated that the developer cannot commit to paying for improvements on Chenal Parkway or for paying for re -construction of Chenal Parkway or the north -south minor arterial to accommodate the grade changes which will be necessary for the extension of the north -south minor arterial across Chenal Parkway. He said that there is already an agreement. from 1990, which defines the developers responsibilities for boundary street improvements costs. He said that the developer is unwilling to dedicate additional right-of-way along Chenal Parkway for a right turn lane, saying that it is his understanding that there is adequate right-of-way width in which the right turn lane can be built. Mr. Asbury requested that the Commission approve the amendment to the PCD to permit the building expansion of the commercial center; that the allowable uses of the center be C-3 uses; that the northern -most east drive approach be permitted on a temporary basis until such time that the north -south minor arterial is constructed, at which time this drive would become a right -turn only exit; and, that the southern -most drive onto the north -south minor arterial be increased in width to the maximum allowable width for an approach. The committed to working with Public Works to define the waivers and variances which will be sought at the Board of Directors level. Commissioner Daniel recalled that there is a Chenal Taskforce which is studying Chenal Parkway issues, and that this taskforce will be making recommendations concerning access issues for Chenal Parkway. 6 Chairperson Walker re -stated the issues of the amended PCD, as described by Mr. Asbury. He explained that no position was being taken by the Commission on any waivers and that the report and conclusions of the Chenal Taskforce should be taken into account as requests for waivers are developed and as the developer and Public Works come to agreements on the waivers to be pursued on this application. Chairperson Walker asked for approval of the amended PCD, and the issue was approved with the vote of 8 ayes, 0 nays, 2 absent, 0 abstentions, and 1 open position. 7 NAME: ONE SOURCE HOME CENTER -- AMENDED LONG -FORM PLANNED COMMERCIAL DEVELOPMENT LOCATION_: At the southeast corner of Chenal Parkway and Kanis Rd. Eugene M. Pfeifer C/o Olan J. Asbury Joe White THE HATHAWAY GROUP WHITE-DATERS & ASSOCIATES, INC. 100 Morgan Keegan Dr., Suite 120 401 S. victory St. Little Rock, AR 72202 Little Rock, AR 72201 663-5400 374-1666 AREA• 8.85 ACRES IER OF LOTa: 2 FT. NEW STREET: 0 ZONING: PCD PRQPED Continuation of the hardware store and lumber yard uses previously approved, plus all permitted and conditional uses listed in the C-3 zoning district regulations. p F-APIN I NG D I S TR ICT : 18 CENSUS TRACT: 42.06 VARIANCES RE E TED: None BACKGROUND_ The site was zoned PCD on December 26, 1990, by Ordinance No. 15,990. This action established the --Mechanics Lumber Company Long -Form PCD (z -4933-B)• The Planning Commission recommended approval of the action at its November 20, 1990 public hearing. The approved PCD per-mitted the development of a 17,500 square foot hardware store, a 32,320 square foot lumber yard facility, and the creation of two out -parcels which require amendment to the PCD in order to develop. (No uses or building areas were established.) Development plans for the out -parcel at the corner of Chenal Parkway and Kanis Rd., to the west to the hardware store -lumber yard facility, was reviewed by the Planning Commission on November 29, 1994, with Board of Directors approval of an a -mended PCD district titled "Worthen Bank Branch, Chenal Parkway --Amended Short -Form PCD" (Z -4933-C), following on December 20, 1994, established by Ordinance No. 16,811. In the action taken by the Planning Commission on November 29, 1994, the Commission recommended denial of a requested waiver of the requirement to construct a sidewalk along the Kanis Rd. 1*4W4K,WFEREEFUROMMM- boundary of the out -parcel. In the Board of Directors approved 16,812. STATEMENT GF PROPOS L : its action on December 20, 1994, the waiver in Ordinance No. The applicant proposes to amend the original PCD to: 1) eliminate the eastern out -parcel, and combine it with the existing Lot 1; and, 2) add 15,000 square feet of retail lease space to the east end of the existing building, including an addition to the parking area, new access points from the east, and construction of a portion of the future eastern boundary minor arterial street. The applicant specifically requests approval for the continued use of the property for the hardware store and lumber yard facility, plus requests approval of all C-3 uses as listed in the permitted and conditional uses in the C-3 zoning district regulations. The applicant proposes to work with Public Works in negotiating an agreement for sharing the cost of construction for the new north -south minor arterial street which is to lie along the east boundary of the tract; however, waivers of some requirements may be requested by the applicant when Public Works requirements are established. A. PR P AL/RE QE T• Planning Commission review and Board of Directors approval of an amended PCD is requested. B. EXISTING CONDITIONS: The site is the current location of the Builders Home Center and Supply facility, plus the vacant out -parcel which lies to the east of this development. There are some trees on the undeveloped portion of the site, but, for the most part, the site is cleared. The site is zoned PCD. Property immediately to the east is zoned R-2, but is the location of the Kinco contractors offices and materials yard. Across Kanis Rd. to the south and west is all R-2 zoned property. To the north, across Chenal Parkway, is an R-2 zoned tract to the northeast which is the location of the Highland Valley United Methodist Church and, directly to the north, an undeveloped 0-3 tract. A C-2 tract lies to the northeast across Chenal Parkway. C. ENGINEERING/UTILITY COMMENTS: Public Works comments: Right-of-way dedication for a right -turn lane on Chenal Parkway is required. 2 Construct 36 feet of pavement for the east minor arterial to a grade that will be consistent with the preliminary plan for its inter -section with Chenal Parkway. Contribute in -lieu for the right turn lane and one-half of the minor arterial costs. (The minor arterial on the east side will include right turn lanes at the north and south ends.) A credit towards the in - lieu will be allowed for the 36 foot pavement and grading work. Contribute $20,000 toward the cost of the intersection construction. This represents one-half the Chenal Commercial Subdivision commitment, or one-fourth of the estimated costs. Improve the Kanis Rd. to collector standards, including providing a sidewalk, along the Kanis Rd. boundary of the site. The north driveway on the future minor arterial is located too close to the planned intersection, and must be relocated or eliminated. Provide the required stormwater detention analysis. Additional parking may be required. Water Works comments that, in addition to normal connection charges, an acreage charge of $300 per acre applies. Additional on-site fire protection may be required. An existing water line easement across this property is not shown, and must be added to the plat. Wastewater comments that sewer service is available. Arkansas Power and Light Co. did not respond. Arkansas Louisiana Gas Co. did not respond. Southwestern Bell Telephone Co. approved the submittal. The Fire Department noted that additional on-site fire hydrants may be needed. The Neighborhoods and Planning Site Plan Review Specialist comments that the areas set aside for buffers and landscaping meet ordinance requirements. A portion of the eastern buffer adjacent to the future minor arterial street drops below the full requirement of 21 feet, but meets the ordinance requirements when averaged out. 3 Sec. 36-502 sets the requirements for commercial (retail) and industrial (storage and lumber yard) uses. For general retail sales uses, one space is required for each 300 square feet of gross floor area up to 10,000 square feet; then, for floor areas of 10,001 to 20,000 square feet, 95% of this number is required; then, for floor areas of 20,001 to 30,000 square feet, 90% is required; then, for areas of 30,001 to 40,000 square feet, 85% is required. The existing general retail floor area is 17,500 square feet; the addition will be 15,000 square feet, or, 32,500 square feet total. This amount of general retail space will require, according to the Ordinance, 124 spaces. The material storage and lumber storage totals 34,080, and requires 22 spaces. The total required, then, should be 146 parking spaces; 136 is proposed to be provided. Sec. 31-201 requires that, "whenever a proposed (development) abuts a partially... constructed... street, the developer shall provide the minimum of one-half of the required improvements and right-of-way. Kanis Rd., along the south boundary of the tract, does not meet Master Street Plan standards, and half street improvements and a sidewalk are required. Improvements to Kanis Rd., however, were not a requirement of the developer when the original PCD was approved; they are, however, a requirement for construction of the bank facility on the west out -parcel. (The sidewalk requirement was waived by the Board of Directors, contrary to the Planning Commission recommendation, for the out - parcel.) E. ANALYSE The Planning staff reports that the development is in the Ellis Mountain Planning District. The area is designated on the adopted Land Use Plan for commercial uses. The requested C-3 uses, then, are in conformance with the Plan. The 22 parking spaces allotted to the material storage and lumber storage uses are based, presumably, on a separate "free-standing" storage use not associated with a principal use. There may be some room for compromise on this number; thus, the 136 spaces may be appropriate. The applicant, however, needs to be the one who addresses this matter and requests approval of the number of parking spaces he proposes to provide. 4 — • t 1' �� is � Staff recommends approval of the amended PCD. Staff recommends that all Public Works improvements requirements be required to be provided as part of the amended PCD. �U]�DIVISJgN COMMIT2ZE(AUGUST 31, 1995) Mr. Gene Pfeifer, the applicant, and Mr. Joe White, with White- Daters & Associates, were present. Staff outlined to the Committee members the proposed development. The Committee reviewed the discussion outline with Mr. Pfeifer and Mr. White. David Scherer, with the Public Works staff, presented the Public Works comments, and explained to Mr. Pfeifer the Public Works rationale for the comments and their implications for his development. Mr. Pfeifer indicated that he would have to consider these comments. Mr. White said that the additional information would be provided, and that required changes would be discussed with Public Works. The Committee forwarded the item to the full Commission for the public hearing. PLkNNING COMMI SIGN ACTIO : (SEPTEMBER 19, 1995) Mr. Olan Asbury, representing the developer, was present. Staff outlined the request involved in the amended PCD. Mr. Asbury recounted the history of the approval of the original PCD in 1990, and of the agreements concerning the rights-of-way and street improvements which were associated with that approval. He stated the elements of the amendment to the PCD which the applicant was seeking. He asked for a concession to permit the northern -most eastern drive onto the future north -south minor arterial to remain as shown on the plan. He said that, since the proposed building addition is an extension of the existing building, and the parking lot is being extended eastward, the location of the drive approach from the street is established by the existing construction. He said that, until the north -south minor arterial is constructed, to delete this drive approach would cause a real hardship for customer access to the property, since the only other viable access point is off Chenal Parkway. He said that, when the north -south minor arterial is constructed at some time in the future, the northern -most access point could become a right -turn out only. The southern -most east access point, he said, is proposed to be increased to the maximum allowable width, and, upon construction of the north -south minor arterial, would become the main entry to the commercial center. 5 FILE o.:_ Z -4933-D C nt Z Mr. Asbury, speaking of the requested waivers, indicated that the developer would not commit to making improvements along the Kanis Rd. frontage of the site, saying that, when the PCD was approved in 1990, the improvements issues regarding Kanis Rd. were addressed at that time; that the current PCD issue does not abut Kanis Rd.; and, that it is inappropriate to raise these requirements after they had been established and settled previously. Mr. Asbury reiterated the agreements with the City regarding construction of the north -south minor arterial, saying that it is the developer's commitment to paying one-half the cost of these improvements, with the stipulation that the developer pay one- half the cost of the north -south minor arterial as it was aligned in 1990, not as it the alignment has been changed. He explained that recently the alignment had been changed to curve to the east to intersect Kanis Rd., instead of intersecting Kanis Rd. at a nearly right-angle, and the developer would not be interested in paying one-half the cost of this expanded project. He said that the developer would agree to constructing the full width of the north one-half of the project, according to the original alignment. Mr. Asbury stated that the developer cannot commit to paying for improvements on Chenal Parkway or for paying for re -construction of Chenal Parkway or the north -south minor arterial to accommodate the grade changes which will be necessary for the extension of the north -south minor arterial across Chenal Parkway. He said that there is already an agreement, from 1990, which defines the developers responsibilities for boundary street improvements costs. He said that the developer is unwilling to dedicate additional right-of-way along Chenal Parkway for a right turn lane, saying that it is his understanding that there is adequate right-of-way width in which the right turn lane can be built. Mr. Asbury requested that the Commission approve the amendment to the PCD to permit the building expansion of the commercial center; that the allowable uses of the center be C-3 uses; that the northern -most east drive approach be permitted on a temporary basis until such time that the north -south minor arterial is constructed, at which time this drive would become a right -turn only exit; and, that the southern -most drive onto the north -south minor arterial be increased in width to the maximum allowable width for an approach. The committed to working with Public Works to define the waivers and variances which will be sought at the Hoard of Directors level. Commissioner Daniel recalled that there is a Chenal Taskforce which is studying Chenal Parkway issues, and that this taskforce will be making recommendations concerning access issues for Chenal Parkway. 2 l Chairperson Walker re-stated the issues of the amended PCD, as described by Mr. Asbury. He explained that no position was being taken by the Commission on any waivers and that the report and conclusions of the Chenal Taskforce should be taken into account as requests for waivers are developed and as the developer and Public Works come to agreements on the waivers to be pursued on this application. Chairperson Walker asked for approval of the amended PCD, and the issue was approved with the vote of 8 ayes, 0 nays, 2 absent, 0 abstentions, and 1 open position. 7 FILE NO.: Z -4933-D NAME: ONE SOURCE HOME CENTER -- AMENDED LONG -FORM PLANNED COMMERCIAL DEVELOPMENT LOCATION: At the southeast corner of Chenal Parkway and Kanis Rd. DEVELOPER: ENGINEER: Eugene M. Pfeifer c/o Olan J. Asbury Joe White THE HATHAWAY GROUP WHITE-DATERS & ASSOCIATES, INC. 100 Morgan Keegan Dr., Suite 120 401 S. Victory St. Little Rock, AR 72202 Little Rock, AR 72201 663-5400 374-1666 AREA: 8.85 ACRES NUMBER OF LOTS: 2 FT. NEW STREET: 0 ZONING: PCD PROPOSED USES: Continuation of the hardware store and lumber yard uses previously approved, plus all permitted and conditional uses listed in the C-3 zoning district regulations. PLANNING DISTRICT: 18 CENSUS TRACT: 42.06 VARIANCES REO[UESTED: None BACKGROUND: The site was zoned PCD on December 26, 1990, by Ordinance No. 15,990. This action established the "Mechanics Lumber Company Long -Form PCD (Z -4933-B). The Planning Commission recommended approval of the action at its November 20, 1990 public hearing. The approved PCD permitted the development of a 17,500 square foot hardware store, a 32,320 square foot lumber yard facility, and the creation of two out -parcels which require amendment to the PCD in order to develop. (No uses or building areas were established.) Development plans for the out -parcel at the corner of Chenal Parkway and Kanis Rd., to the west to the hardware store -lumber yard facility, was reviewed by the Planning Commission on November 29, 1994, with Board of Directors approval of an amended PCD district titled "Worthen Bank Branch, Chenal Parkway --Amended Short -Form PCD" (Z -4933-C), following on December 20, 1994, established by Ordinance No. 16,811. In the action taken by the Planning Commission on November 29, 1994, the Commission recommended denial of a requested waiver of the requirement to construct a sidewalk along the Kanis Rd. FILE NO.: Z-4 3-D ont. boundary of the out -parcel. In the Board of Directors approved 16,812. STATEMENT OF PROPOSAL: its action on December 20, 1994, the waiver in Ordinance No. The applicant proposes to amend the original PCD to: 1) eliminate the eastern out -parcel, and combine it with the existing Lot 1; and, 2) add 15,000 square feet of retail lease space to the east end of the existing building, including an addition to the parking area, new access points from the east, and construction of a portion of the future eastern boundary minor arterial street. The applicant specifically requests approval for the continued use of the property for the hardware store and lumber yard facility, plus requests approval of all C-3 uses as listed in the permitted and conditional uses in the C-3 zoning district regulations. The applicant proposes to work with Public Works in negotiating an agreement for sharing the cost of construction for the new north -south minor arterial street which is to lie along the east boundary of the tract; however, waivers of some requirements may be requested by the applicant when Public Works requirements are established. A. PROPOSALIRE QEST: Planning Commission review and Board of Directors approval of an amended PCD is requested. B. EXISTING CONDITIONS: The site is the current location of the Builders Home Center and Supply facility, plus the vacant out -parcel which lies to the east of this development. There are some trees on the undeveloped portion of the site, but, for the most part, the site is cleared. The site is zoned PCD. Property immediately to the east is zoned R-2, but is the location of the Kinco contractors offices and materials yard. Across Kanis Rd. to the south and west is all R-2 zoned property. To the north, across Chenal Parkway, is an R-2 zoned tract to the northeast which is the location of the Highland Valley United Methodist Church and, directly to the north, an undeveloped 0-3 tract. A C-2 tract lies to the northeast across Chenal Parkway. C. ENGINEERING/UTILITY COMMENTS: Public Works comments: Right-of-way dedication for a right -turn lane on Chenal Parkway is required. 2 FILE NO.: Z-4933-D (Cont.) Construct 36 feet of pavement for the east minor arterial to a grade that will be consistent with the preliminary plan for its inter -section with Chenal Parkway. Contribute in -lieu for the right turn lane and one-half of the minor arterial costs. (The minor arterial on the east side will include right turn lanes at the north and south ends.) A credit towards the in - lieu will be allowed for the 36 foot pavement and grading work. Contribute $20,000 toward the cost of the intersection construction. This represents one-half the Chenal Commercial Subdivision commitment, or one-fourth of the estimated costs. Improve the Ranis Rd. to collector standards, including providing a sidewalk, along the Ranis Rd. boundary of the site. The north driveway on the future minor arterial is located too close to the planned intersection, and must be relocated or eliminated. Provide the required stormwater detention analysis. Additional parking may be required. Water Works comments that, in addition to normal connection charges, an acreage charge of $300 per acre applies. Additional on-site fire protection may be required. An existing water line easement across this property is not shown, and must be added to the plat. Wastewater comments that sewer service is available. Arkansas Power and Light Co. did not respond. Arkansas Louisiana Gas Co. did not respond. Southwestern Bell Telephone Co. approved the submittal. The Fire Department noted that additional on-site fire hydrants may be needed. The Neighborhoods and Planning Site Plan Review Specialist comments that the areas set aside for buffers and landscaping meet ordinance requirements. A portion of the eastern buffer adjacent to the future minor arterial street drops below the full requirement of 21 feet, but meets the ordinance requirements when averaged out. 3 FILE Na.: 2-4933-D Cont. D. I5 QE LEGAL TECHNICAL DESIGN: Sec. 36-502 sets the requirements for commercial (retail) and industrial (storage and lumber yard) uses. For general retail sales uses, one space is required for each 300 square feet of gross floor area up to 10,000 square feet; then, for floor areas of 10,001 to 20,000 square feet, 95% of this number is required; then, for floor areas of 20,001 to 30,000 square feet, 90% is required; then, for areas of 30,001 to 40,000 square feet, 85% is.required. The existing general retail floor area is 17,500 square feet; the addition will be 15,000 square feet, or, 32,500 square feet total. This amount of general retail space will require, according to the ordinance, 124 spaces. The material storage and lumber storage totals 34,080, and requires 22 spaces. The total required, then, should be 146 parking spaces; 136 is proposed to be provided. Sec. 31-201 requires that, "whenever a proposed (development) abuts a partially... constructed... street, the developer shall provide the minimum of one-half of the required improvements and right-of-way. Ranis Rd., along the south boundary of the tract, does not meet Master Street Plan standards, and half street improvements and a sidewalk are required. Improvements to Ranis Rd., however, were not a requirement of the developer when the original PCD was approved; they are, however, a requirement for construction of the bank facility on the west out -parcel. (The sidewalk requirement was waived by the Board of Directors, contrary to the Planning Commission recommendation, for the out - parcel.) E. ANALYSIS• The Planning staff reports that the development is in the Ellis Mountain Planning District. The area is designated on the adopted Land Use Plan for commercial uses. The requested C-3 uses, then, are in conformance with the Plan. The 22 parking spaces allotted to the material storage and lumber storage uses are based, presumably, on a separate 'If ree-standing" storage use not associated with a principal use. There may be some room for compromise on this number; thus, the 136 spaces may be appropriate. The applicant, however, needs to be the one who addresses this matter and requests approval of the number of parking spaces he proposes to provide. 4 FILE NO.: Z-4 3 -D Cont_) F. STAFF RECOMMENDATIONS: Staff recommends approval of the amended PCD. Staff recommends that all Public Works improvements requirements be required to be provided as part of the amended PCD. SUBDIVISTON COMMITTEE COMMENT: (AUGUST 31, 1995) Mr. Gene Pfeifer, the applicant, and Mr. Joe White, with White- Daters & Associates, were present. Staff outlined to the Committee members the proposed development. The Committee reviewed the discussion outline with Mr. Pfeifer and Mr. White. David Scherer, with the Public works staff, presented the Public Works comments, and explained to Mr. Pfeifer the Public Works rationale for the comments and their implications for his development. Mr. Pfeifer indicated that he would have to consider these comments. Mr. White said that the additional information would be provided, and that required changes would be discussed with Public works. The Committee forwarded the item to the full Commission for the public hearing. PLANNING COMMISSION ACTION: (SEPTEMBER 19, 1995) Mr. Olan Asbury, representing the developer, was present. Staff outlined the request involved in the amended PCD. Mr. Asbury recounted the history of the approval of the original PCD in 1990, and of the agreements concerning the rights-of-way and street improvements which were associated with that approval. He stated the elements of the amendment to the PCD which the applicant was seeking. He asked for a concession to permit the northern -most eastern drive onto the future north -south minor arterial to remain as shown on the plan. He said that, since the proposed building addition is an extension of the existing building, and the parking lot is being extended eastward, the location of the drive approach from the street is established by the existing construction. He said that, until the north -south minor arterial is constructed, to delete this drive approach would cause a real hardship for customer access to the property, since the only other viable access point is off Chenal Parkway. He said that, when the north -south minor arterial is constructed at some time in the future, the northern -most access point could become a right -turn out only. The southern -most east access point, he said, is proposed to be increased to the maximum allowable width, and, upon construction of the north -south minor arterial, would become the main entry to the commercial center. 5 FILE Na.: Z -4933-D (Cont. Mr. Asbury, speaking of the requested waivers, indicated that the developer would not commit to making improvements along the Kanis Rd. frontage of the site, saying that, when the PCD was approved in 1990, the improvements issues regarding Kanis Rd. were addressed at that time; that the current PCD issue does not abut Kanis Rd.; and, that it is inappropriate to raise these requirements after they had been established and settled previously. Mr. Asbury reiterated the agreements with the City regarding construction of the north -south minor arterial, saying that it is the developer's commitment to paying one-half the cost of these improvements, with the stipulation that the developer pay one- half the cost of the north -south minor arterial as it was aligned in 1990, not as it the alignment has been changed. He explained that recently the alignment had been changed to curve to the east to intersect Kanis Rd., instead of intersecting Kanis Rd. at a nearly right-angle, and the developer would not be interested in paying one-half the cost of this expanded project. He said that the developer would agree to constructing the full width of the north one-half of the project, according to the original alignment. Mr. Asbury stated that the developer cannot commit to paying for improvements on Chenal Parkway or for paying for re -constriction of Chenal Parkway or the north -south minor arterial to accommodate the grade changes which will be necessary for the extension of the north -south minor arterial across Chenal Parkway. He said that there is already an agreement, from 1990, which defines the developers responsibilities for boundary street improvements costs. He said that the developer is unwilling to dedicate additional right-of-way along Chenal Parkway for a right turn lane, saying that it is his understanding that there is adequate right-of-way width in which the right turn lane can be built. Mr. Asbury requested that the Commission approve the amendment to the PCD to permit the building expansion of the commercial center; that the allowable uses of the center be C-3 uses; that the northern -most east drive approach be permitted on a temporary basis until such time that the north -south minor arterial is constructed, at which time this drive would become a right -turn only exit; and, that the southern -most drive onto the north -south minor arterial be increased in width to the maximum allowable width for an approach. The committed to working with Public Works to define the waivers and variances which will be sought at the Board of Directors level. Commissioner Daniel recalled that there is a Chenal Taskforce which is studying Chenal Parkway issues, and that this taskforce will be making recommendations concerning access issues for Chenal Parkway. FILE NO.: Z-4 -D Cont. Chairperson Walker re -stated the issues of the amended PCD, as described by Mr. Asbury. He explained that no position was being taken by the Commission on any waivers and that the report and conclusions of the Chenal Taskforce should be taken into account as requests for waivers are developed and as the developer and Public Works come to agreements on the waivers to be pursued on this application. Chairperson Walker asked for approval of the amended PCD, and the issue was approved with the vote of 8 ayes, 0 nays, 2 absent, 0 abstentions, and 1 open position. 7