HomeMy WebLinkAboutZ-5099-D Staff AnalysisJune 2, 2011
ITEM NO.: 10 FILE NO.' Z -5509-D
NAME: Lots 913 — 9E Northwest Territory Short -form PCD Time Extension Request
LOCATION: Located North of Cantrell Road and South of Chenal Parkway just west of
the Chenal Parkway/Cantrell Road Intersection
DEVELOPER:
PDC, LLC (Pfeifer Development Company)
16623 Cantrell Road, Suite 2A
Little Rock, AR 72223
ENGINEER:
White Daters and Associates
24 Rahling Circle
Little Rock, AR 72223
AREA: 4.4 + acres NUMBER OF LOTS: 4 FT. NEW STREET: 0 LF
CURRENT ZONING: PCD
ALLOWED USES: C-3, General Commercial District uses, lots less than the two acre
minimum as established by the Highway 10 Design Overlay District
PROPOSED ZONING: PCD — Two -Year Time Extension
PROPOSED USE: C-3, General Commercial District uses, lots less than the two acre
minimum as established by the Highway 10 Design Overlay District
VARIANCES/WAIVERS REQUESTED: None requested.
BACKGROUND:
Ordinance No. 20,005 adopted by the Little Rock Board of Directors on July 15, 2008,
rezoned this site from C-3, General Commercial District to PCD to allow the creation of
four (4) commercial lots served by a private driveway connecting Highway 10 and
Chenal Parkway. The property contained 4.4 acres and located just west of the Shell
station located at the intersection of Chenal Parkway and Cantrell Road. The developer
requested a variation from the Highway 10 DOD for lot size, side and rear yard buffers
and a reduction in the front yard landscaped area for one of the proposed lots adjacent
to Cantrell Road.
June 2, 2011
SUBDIVISION
ITEM NO.: 10 (Cont.) FILE NO.: Z -5509-D
The applicant has indicated the lots will developed utilizing C-3, General Commercial
District type uses and with a drive-in style restaurant. The driveway locations were
indicated on the plan. The private drive connection allowed patrons the ability to exit
onto Chenal Parkway and travel to the traffic signal at the intersection of Chenal
Parkway and Cantrell Road for eastbound travel.
The request included the placement of two (2) ground mounted monument signs; one
sign located on Cantrell Road and one sign located on Chenal Parkway. The signage
was proposed consistent with development signage per the Highway 10 Design Overlay
District or a maximum of ten (10) feet in height and 100 square feet in area.
A. PROPOSAUREQUEST/APPLICANT'S STATEMENT:
The applicant is now requesting approval by the Planning Commission of a time
extension for implementation of the previously approved PCD. Per Section
36-454(e) the applicant shall have three years from the date of passage of the
ordinance approving the preliminary approval to submit the final development
plan. Requests for extensions of time shall be submitted in writing to the
Planning Commission, which may grant one (1) extension of not more than two
years. Time extensions shall be applied for by formal written request not less
than ninety days prior to the first expiration date. Failure of the applicant to file a
timely extension shall be cause for revocation of the PUD as provided in the
ordinance.
According to the developer construction cannot begin as previously anticipated
and within the three years as required by the minimum ordinance standards. As
a result, the applicant requests the Commission allow a two-year time extension
of the previously approved Planned Zoning Development.
B. EXISTING CONDITIONS
The site is located on the north side of Cantrell Road extending from Cantrell
Road to Chenal Parkway. The site slopes upward from Cantrell Road and is
currently tree covered. There are a number of commercial uses and
commercially zoned properties in the area including a convenience store, a big
box retail and a mini -warehouse development. There are single-family homes
located to the southwest of the site on property zoned commercially and
residentially.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has not received any comment from area residents. All
residents, who could be identified, located within 300 feet of the site, the
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June 2, 2011
SUBDIVISION
ITEM NO.: 1 d Cont. FILE NO.: Z -5509-D
Coalition of West Little Rock Neighborhoods and the Duqesne Place Property
Owners Association were notified of the public hearing.
D. SUBDIVISION COMMITTEE COMMENT: (May 12, 2011)
Mr. Joe White of White-Daters and Associates was present representing the
request. Staff presented an overview of the request stating the applicant was
requesting an additional two years to submit a final development plan for the
approved PCD. Staff stated there were no outstanding issues associated with
the request. There was no further discussion of the item. The Committee then
forwarded the item to the full Commission for final action.
E. STAFF RECOMMENDATION:
Staff recommends approval of the request for a two-year time extension for the
proposed development subject to compliance with all previously approved
comments and conditions.
PLANNING COMMISSION ACTION: (JUNE 2, 2011)
The applicant was present. There were no registered objectors present. Staff
presented the item with a recommendation of approval of the request for a two-year
time extension for the proposed development subject to compliance with all previously
approved comments and conditions.
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.
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FILE NO.: Z -5099-D
NAME: Lots 9B - 9E Northwest Territory Short -form PCD
LOCATION: Located North of Cantrell Road and South of Chenal Parkway, just West
of the Chenal Parkway/Cantrell Road Intersection
DEVELOPER'.
PDC, LLC (Pfeifer Development Company)
16623 Cantrell Road, Suite 2A
Little Rock, AR 72223
ENGINEER:
White Daters and Associates
24 Rahling Circle
Little Rock, AR 72223
AREA: 4.4 + acres NUMBER OF LOTS: 4 FT. NEW STREET: 0 LF
CURRENT ZONING: C-3, General Commercial District
ALLOWED USES: General retail
PROPOSED ZONING: PCD
PROPOSED USE: C-3, General Commercial District uses, lots less than the two acre
minimum as established by the Highway 10 Design Overlay District
VARIANCES/WAIVERS REQUESTED: A variance from the Land Alteration Ordinance
to allow grading of the site with the construction of the first building.
A. PROPOSAL/REQUEST:
The request proposes four (4) commercial lots served by a private driveway
connecting Highway 10 and Chenal Parkway. The property currently contains
4.4 acres and is located just west of the Shell station located at the intersection
of Chenal Parkway and Cantrell Road. The developer is requesting a variation
from the Highway 10 DOD for lot size, and side yard buffers and a reduction in
the front yard landscaped area for one of the proposed lots adjacent to Cantrell
Road.
According to the applicant over the last 20 years it has been difficult to develop
smaller retail shops and restaurants along the corridor due to the constraints of
FILE NO.: Z -5099-D (Cont.
the DOD. The plan proposed will allow a clustered style development and the
ability to own the property in fee which has become a key component for these
type users.
The applicant has indicated the lots will develop utilizing C-3, General
Commercial District type uses and with a drive-in style restaurant. The driveway
locations are indicated on the plan. The private drive connection allows patrons
the ability to exit onto Chenal Parkway and travel to the traffic signal at the
intersection of Chenal Parkway and Cantrell Road for eastbound travel.
The request includes the placement of two (2) ground mounted monument signs;
one sign located on Cantrell Road and one sign located on Chenal Parkway.
The signage is proposed consistent with development signage per the Highway
10 Design Overlay District or a maximum of ten (10) feet in height and
100 square feet in area.
B. EXISTING CONDITIONS:
The site is located on the north side of Cantrell Road extending from Cantrell
Road to Chenal Parkway. The site slopes upward from Cantrell Road and is
currently tree covered. There are a number of commercial uses and
commercially zoned properties in the area including a convenience store, a big
box retail and a mini -warehouse development. There are single-family homes
located to the southwest of the site on property zoned commercially and
residentially.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has received one informational phone call from an area
property owner. 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
Coalition of West Little Rock Neighborhoods, the DuQuesne Place Property
Owners Association and the Aberdeen Court Property Owners Association were
notified of the Public Hearing.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Cantrell Road is a principal arterial. Dedication of right of way to 55 feet
from centerline will be required.
2. The right of way for Chenal Parkway and all easement appear to be
sufficient.
3. Storm water detention ordinance applies to this property. Show the
proposed location for storm water detention facilities on the plan.
4. 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
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FILE NO.: Z -5099-D (Cont.
than residential subdivisions, site grading and drainage plans must be
submitted and approved prior to the start of construction. A variance is
being requested for advanced grading of lots. Provide a plan showing
Phase 1 and the area of advance grading.
5. Sidewalks with appropriate handicap ramps are required on both sides of
the private commercial street in accordance with Section 31-175 of the Little
Rock Code and the Master Street Plan.
6. Obtain permits for improvements within State Highway right-of-way from
AHTD, District VI.
7. Street names and street naming conventions must be approved by Public
Works. Contact David Hathcock at (501) 371-4808. No street name is
proposed.
8. The dimensions of the property lines for the two (2) plans provided do not
match.
9. If disturbed area is one (1) or more acres, obtain a NPDES storm water
permit from the Arkansas Department of Environmental Quality prior to the
start of construction.
10. Private streets must be built to public street standards. The street centerline
grade cannot exceed 12%, intersection curb radius must be at least 25 feet.
The intersecting street must have at most a 5% entry slope.
11. Street Improvement plans shall include signage and striping. Traffic
Engineering must approve completed plans prior to construction.
12. Streetlights are required by Section 31-403 of the Little Rock code. Provide
plans for approval to Traffic Engineering. Streetlights must be installed prior
to platting/certificate of occupancy. Contact Traffic Engineering 379-1813
(Steve Philpott) for more information.
13. 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).
14. The proposed street must be built per the Master Street Plan to commercial
street standards with a 60 foot right-of-way, 36 feet from back of curb to
back of curb and sidewalks on both sides.
15. With site development, provide design of street conforming to the Master
Street Plan. Construct one-half street improvement to Chenal Parkway and
Cantrell Road including 5 -foot sidewalks with the planned development.
Ordinance 19,883 was approved by the Board of Directors which deferred
construction of street improvements to Chenal Parkway and Cantrell Road
for Lots 1, 2, 3, 5, 6,7,8, and 9A until Lot 9 develops. The specific deferral
is for constructing approximately 4,850 linear feet of widening for one and
one half lanes, curb and gutter, sidewalks, drainage, street lights and
intersection improvements on both sides of Chenal Parkway and the north
side of Cantrell Road for the length of the frontage.
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FILE NO.: Z -5099-D Cont.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer main extension required with easements. Contact Little
Rock Wastewater Utility for additional information.
Enter : No comment received.
Center -Point Enerpv: No comment received
AT & T: No comment received.
Central Arkansas Water: All Central Arkansas Water requirements in effect at
the time of request for water service must be met. A Capital Investment Charge
based on the size of connection(s) will apply to this project in addition to normal
charges. 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).
Fire Department: Place fire hydrants per code. Contact the Little Rock Fire
Department for additional information.
County Planning: No comment.
LATA: The site is located on CATA Bus Route #25, the Highway 10 Express
Route.
F. IS S UESITECH N I CALIDES IG N :
Planning Division: This request is located in the Pinnacle Planning District. The
Land Use Plan shows Commercial for this property. The applicant has applied
for a rezoning from C-3 General Commercial District to Planned Commercial
Development to allow the creation of four lots created with lot sizes less than the
two acre minimum lot size typically required by the Highway 10 Design Overlay
District.
The request does not require a change to the Land Use Plan.
Master Street Plan: Cantrell Road is a Principal Arterial. The primary function of
a Principal Arterial is to serve through traffic and to connect major traffic
generators or activity centers within urbanized areas. Entrances and exits should
be limited to minimize negative effects of traffic and pedestrians on Cantrell since
it is a Principal Arterial. Chenal Parkway 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. These streets may
require dedication of right-of-way and may require street improvements for
entrances and exits to the site.
Gt
FILE NO.: Z -5099-D (Cont.
Bicycle Plan: A Class II is shown along Cantrell Road. A Class II bikeway is
located on the street as either a five foot shoulder or six foot marked bike lane.
Additional paving and right of way may be required. A Class III is shown along
Chenal Parkway. A Class III bikeway is a signed route on a street shared with
traffic. No additional paving or right-of-way is required. Class III bicycle route
signage may be required.
Neighborhood Action Plan: This area is not covered by a Neighborhood Action
Plan.
Landscape:
1. The site plan must comply with the City's landscape and ordinance
requirements.
2. An automatic irrigation system to water landscaped areas will be required.
3. Prior to the issuance of a building permit, it will be necessary to provide an
approved landscape plan stamped with the seal of a Registered Landscape
Architect.
4. 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: (May 29, 2008)
Mr. Joe White was present representing the request. Staff presented an
overview of the development stating there were a number of outstanding
technical issues associated with the request. Staff stated the request was to
allow reduced lot sizes and a reduced landscape strip along the side and rear
property lines. Staff stated the front landscape strip for the eastern lot along
Cantrell Road did not comply with the typical overlay standards. Staff stated all
site lighting was to be directed into the site. Staff also questioned the hours of
dumpster service.
Public Works comments were addressed. Staff stated the storm water detention
ordinance would apply to development of the lots. Staff stated a grading permit
would be required prior to any clearing on the site. Staff also questioned if a
variance from the Land Alteration Ordinance would be requested to allow the
clearing of Lots 1 — 4 with the initial phase of construction.
Landscaping comments were addressed. Staff stated there were several
variations from the Highway 10 DOD proposed with the site plan. Staff also
stated when reviewing the site as a single development plan the total parking
exceed 150 parking spaces therefore the islands would need to be a minimum of
300 square feet in area.
E
FILE NO.: Z-5099-D(Cont.)
Staff noted comments from the various other reporting departments and
agencies. There was no further discussion of the item. The Committee then
forwarded the item to the full Commission for final action.
H. ANALYSIS:
The applicant submitted a revised site plan to staff addressing most of the issues
raised at the May 29, 2008, Subdivision Committee meeting. The applicant has
indicated the hours of dumpster service to limit the hours to daylight hours. The
applicant has requested each of the lots be viewed as individual lots to allow the
landscape islands to be limited to 150 square feet in area. Staff is supportive of
this request.
The site plan indicates the subdivision of this 4+ acre tract into four individual lots
and the construction of a restaurant or commercial building on each of the
individual lots. The request includes C-3, General Commercial District zoning,
restaurants and drive-in restaurants on Lots 9C and 9D as allowable uses.
An access easement will be extended from Cantrell Road to Chenal Parkway to
allow access to the proposed lots from each roadway and eliminate the need for
individual drives along Cantrell Road and Chenal Parkway. The drive is
proposed within a 50 -foot access and utility easement and the drive is proposed
with 36 feet of paving and sidewalks located on both sides.
The request includes a variance from the Land Alteration Ordinance to allow
grading of the entire site with the development of the first phase. The developer
has indicated to allow the access drive to be developed in the first phase clearing
of the remainder of the lots is necessary to balance the site. Staff is supportive
of the request.
Order boards are indicated on the site plan and a note has been included stating
the order boards will be screened per the typical ordinance standards. A single
dumpster location has been indicated on each of the four lots. The dumpster
locations indicated along Chenal Parkway should be relocated to the interior of
the site and away from the street right of way. The ordinance typically requires
trash receptacles and pick up to be oriented away from the street side of the
property and adequately screened from view.
The site plan indicates the right of way for Cantrell Road to be dedicated to %2 of
a 90 -foot right of way and improved to '/2 of a 59 -foot street with a 5 -foot
sidewalk. Cantrell Road is indicated on the Master Street Plan as a principal
arterial and a right of way dedication to '/2 of a 110 -foot right of way or 55 feet
from centerline is required. The distances measure adequate to meet the typical
arterial standard but the note on the site plan inaccurately states the right of way
and street construction. Staff recommends the note be corrected to contain the
proper dimension and required street construction.
The ordinance typically requires the placement of a 40 -foot landscape strip along
Cantrell Road. The site plan indicates an encroachment into the 40 -foot
landscape buffer on Lot 9B. The buffer is being reduced from 40 feet to what
appears to be 12 feet.
[01
FILE NO.: Z -5099-D (Cont.
The site plan indicates the placement of an 18 -foot to 20 -foot landscape strip
along the eastern perimeter of the site and a 17 -foot landscape strip along the
western perimeter of the site. The ordinance would typically require the
placement of a landscape strip averaging a minimum of 25 feet from the property
line on these perimeters. It does not appear when viewing the lots as an overall
development the 25 -foot average is being met along either perimeter property
line.
The site plan indicates the placement of a minimum landscape strip of 15 feet
along Chenal Parkway as typically allowed where a yard abuts a street right and
is adjacent to land zoned for office and residential.
The development is indicated with two development signs. The signage is
proposed consistent with development signage as typically allowed per the
Highway 10 DOD or a maximum of ten feet in height and one hundred square
feet in area. The individual lots are not proposed with ground -mounted signage
and will not be allowed to place signage on the individual lots. Building signage
is proposed consistent with signage allowed in commercial zones or a maximum
of ten percent of the facade area.
The Overlay typically allows a minimum lot size of two acres and a single building
is allowed per two acres. The development proposes to create four lots, which
do not meet the minimum lot size criteria. The applicant is proposing the
construction of four buildings on the site, which also does not meet the building
site criteria of one building per two acres.
The site plan indicates Lots 9B and 9C with potential drive-in restaurants.
Typically drive-in restaurant type facilities desire canopies over the parking stalls.
Based on the current site plan, if this is the case, the canopies could be located
within the 100 -foot building setback. Canopies have not been requested
therefore will not be allowed. Staff occasionally supports variations to the
overlay but staff has typically not supported encroachments within the front
100 -foot building setback of the overlay.
Staff is supportive of the request. Staff does not feel the variations from the
Highway 10 DOD to allow reduced lot sizes and a reduced landscape strip along
the perimeters will significantly impact the development or the area. The site is
adjacent to commercially zoned property to the east and west. The eastern
property has developed with a convenience store and the property to the west is
vacant C-3, General Commercial District zoned property. Staff does not feel the
reduction in the front landscape strip will be a significant impact. The AHTD right
of way extends into the site to cover an existing drainage structure. The area will
be maintained as a grassed landscaped area even though the applicant does not
own this area. Staff does not feel the creation of the lots with less than the
two -acre typical minimum lot size will significantly impact the development. The
developers intend to develop the site with smaller restaurant users, which
typically do not require large amounts of land area. The development intends to
serve a need that is currently not being met in this area of Highway 10. The lots
will be developed with an overall development plan to allow a unified
development of the lots. To staff's knowledge there are no remaining
outstanding technical issues associated with the request. Staff feels the creation
VA
FILE NO.: Z -5099-D (Cont.
of four lots and the construction of individual buildings on these lots is an
appropriate use for the site.
STAFF RECOMMENDATIONS:
Staff recommends 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 recommends approval of the request to allow advanced grading of the site
with the development of the first phase of construction.
PLANNING COMMISSION ACTION: (JUNE 19, 2008)
Mr. Gene Pfeiffer was present representing the application. There were registered
objectors present. Staff presented the item with 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 also presented a
recommendation of approval of the variance request from the Land Alteration Ordinance
to allow grading of additional phases with the development of the first phase.
Mr. Pfeiffer stated he would hold his time to address any questions raised by the
opposition.
Ms. Alicia Finch addressed the Commission in opposition of the variances from the
Highway 10 Design Overlay District. She stated she was representing the Coalition of
West Little Rock Neighborhoods and Maywood Manor Neighborhood Association. She
stated there were a number of variances being requested, including the reduced
landscape strip, the two acre minimum lot size, the minimum of one building per two
acres, an encroachment into the front 40 foot landscape strip. She stated in the staff
write-up under the landscape comments there were a number of statements, which
contradicted the staff recommendation. She stated the comments indicated the
landscaping must comply with the Highway 10 DOD but the staff was recommending
approval of a plan that did not meet this requirement. She questioned how trees would
be preserved if the four acre site was allowed to develop with four buildings. She
questioned why four buildings. She stated with two lots and two buildings the
development would more closely comply with the overlay. She stated the
neighborhoods understood the concept of the nodes. She stated the Commission nor
the Board of Directors were adhering to the Highway 10 Overlay, nor the Future Land
Use plan. She stated the Highway 10 Overlay was created to preserve the scenic
beauty of the corridor and the Land Use Plan was created to allow smooth transitions
between the intense commercial uses stepping down to the residential uses. She
requested the Commission not disregard the overlay and deny the request.
Mr. Pfeiffer stated he had fought on the same side as Ms. Finch a number of times. He
stated he was always the first one to request the Commission and Board adhere to the
FILE NO.: 2-5099-D (Cont.
they were carried forward from the Subdivision Committee comments, which was a
technical review. He stated at the time of the agenda write-up the developers were
requesting variations from these ordinances standards and if the plan was approved
they would not be required to comply with the standards noted. Staff stated since they
were supporting the request they did not expect the site plan to comply with the
standards noted.
There was no further discussion of the item. The chair entertained a motion for
approval of the variance request from the Land Alteration Ordinance. The variance was
approved by a vote of 7 ayes, 2 noes and 2 absent. A motion was made to approve the
rezoning request to include the modification to the agenda write-up as noted by staff.
The motion carried by a vote of 9 ayes, 0 noes and 2 absent.
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June 19, 2008
ITEM NO.: 5 FILE NO.: Z -5099-D
NAME: Lots 9B - 9E Northwest Territory Short -form PCD
LOCATION: Located North of Cantrell Road and South of Chenal Parkway, just West
of the Chenal Parkway/Cantrell Road Intersection
DEVELOPER:
PDC, LLC (Pfeifer Development Company)
16623 Cantrell Road, Suite 2A
Little Rock, AR 72223
ENGINEER:
White Daters and Associates
24 Rahling Circle
Little Rock, AR 72223
AREA: 4.4 + acres
CURRENT ZONING:
ALLOWED USES'
PROPOSED ZONING
NUMBER OF LOTS: 4
C-3, General Commercial District
General retail
PCD
FT. NEW STREET: 0 LF
PROPOSED USE: C-3, General Commercial District uses, lots less than the two acre
minimum as established by the Highway 10 Design Overlay District
VARIANCES/WAIVERS REQUESTED: A variance from the Land Alteration Ordinance
to allow grading of the site with the construction of the first building.
A. PROPOSAUREQUEST:
The request proposes four (4) commercial lots served by a private driveway
connecting Highway 10 and Chenal Parkway. The property currently contains
4.4 acres and is located just west of the Shell station located at the intersection
of Chenal Parkway and Cantrell Road. The developer is requesting a variation
from the Highway 10 DOD for lot size, and side yard buffers and a reduction in
the front yard landscaped area for one of the proposed lots adjacent to Cantrell
Road.
June 19, 2008
SUBDIVISION
ITEM NO.: 5 Cont.) FILE NO.: Z -5099-D
C
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According to the applicant over the last 20 years it has been difficult to develop
smaller retail shops and restaurants along the corridor due to the constraints of
the DOD. The plan proposed will allow a clustered style development and the
ability to own the property in fee which has become a key component for these
type users.
The applicant has indicated the lots will develop utilizing C-3, General
Commercial District type uses and with a drive-in style restaurant. The driveway
locations are indicated on the plan. The private drive connection allows patrons
the ability to exit onto Chenal Parkway and travel to the traffic signal at the
intersection of Chenal Parkway and Cantrell Road for eastbound travel.
The request includes the placement of two (2) ground mounted monument signs;
one sign located on Cantrell Road and one sign located on Chenal Parkway.
The signage is proposed consistent with development signage per the Highway
10 Design Overlay District or a maximum of ten (10) feet in height and
100 square feet in area.
EXISTING CONDITIONS:
The site is located on the north side of Cantrell Road extending from Cantrell
Road to Chenal Parkway. The site slopes upward from Cantrell Road and is
currently tree covered. There are a number of commercial uses and
commercially zoned properties in the area including a convenience store, a big
box retail and a mini -warehouse development. There are single-family homes
located to the southwest of the site on property zoned commercially and
residentially.
NEIGHBORHOOD COMMENTS:
As of this writing, staff has received one informational phone call from an area
property owner. 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
Coalition of West Little Rock Neighborhoods, the DuQuesne Place Property
Owners Association and the Aberdeen Court Property Owners Association were
notified of the Public Hearing.
ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
Cantrell Road is a principal arterial. Dedication of right of way to 55 feet
from centerline will be required.
2_ The right of way for Chenal Parkway and all easement appear to be
sufficient.
Vj
June 19, 2008
SUBDIVISION
ITEM NO.: 5(Cont.)FILE NO.: Z -5099-D
3. Storm water detention ordinance applies to this property. Show the
proposed location for storm water detention facilities on the plan.
4. 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. A variance is
being requested for advanced grading of lots. Provide a plan showing
Phase 1 and the area of advance grading.
5. Sidewalks with appropriate handicap ramps are required on both sides of
the private commercial street in accordance with Section 31-175 of the Little
Rock Code and the Master Street Plan.
6. Obtain permits for improvements within State Highway right-of-way from
AHTD, District VI.
7. Street names and street naming conventions must be approved by Public
Works. Contact David Hathcock at (501) 371-4808. No street name is
proposed.
8. The dimensions of the property lines for the two (2) plans provided do not
match.
9. If disturbed area is one (1) or more acres, obtain a NPDES storm water
permit from the Arkansas Department of Environmental Quality prior to the
start of construction.
10. Private streets must be built to public street standards. The street centerline
grade cannot exceed 12%, intersection curb radius must be at least 25 feet.
The intersecting street must have at most a 5% entry slope.
11. Street Improvement plans shall include signage and striping. Traffic
Engineering must approve completed plans prior to construction.
12. Streetlights are required by Section 31-403 of the Little Rock code. Provide
plans for approval to Traffic Engineering. Streetlights must be installed prior
to platting/certificate of occupancy. Contact Traffic Engineering 379-1813
(Steve Philpott) for more information.
13. 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).
14. The proposed street must be built per the Master Street Plan to commercial
street standards with a 60 foot right-of-way, 36 feet from back of curb to
back of curb and sidewalks on both sides.
15. With site development, provide design of street conforming to the Master
Street Plan. Construct one-half street improvement to Chenal Parkway and
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June 19, 2008
SUBDIVISION
ITEM NO.: 5(Cont.)FILE NO.: Z -5099-D
Cantrell Road including 5 -foot sidewalks with the planned development.
Ordinance 19,883 was approved by the Board of Directors which deferred
construction of street improvements to Chenal Parkway and Cantrell Road
for Lots 1, 2, 3, 5, 6,7,8, and 9A until Lot 9 develops. The specific deferral
is for constructing approximately 4,850 linear feet of widening for one and
one half lanes, curb and gutter, sidewalks, drainage, street lights and
intersection improvements on both sides of Chenal Parkway and the north
side of Cantrell Road for the length of the frontage.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer main extension required with easements. Contact Little
Rock Wastewater Utility for additional information.
Entergy: No comment received.
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 request for water service must be met. A Capital Investment Charge
based on the size of connection(s) will apply to this project in addition to normal
charges. 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).
Fire Department: Place fire hydrants per code. Contact the Little Rock Fire
Department for additional information.
County Planning,: No comment.
CATA: The site is located on CATA Bus Route #25, the Highway 10 Express
Route.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: This request is located in the Pinnacle Planning District. The
Land Use Plan shows Commercial for this property. The applicant has applied
for a rezoning from C-3 General Commercial District to Planned Commercial
Development to allow the creation of four lots created with lot sizes less than the
two acre minimum lot size typically required by the Highway 10 Design Overlay
District.
E
June 19, 2008
SUBDIVISION
ITEM NO.: 5 (Cont.
FILE NO.: Z -5099-D
The request does not require a change to the Land Use Plan.
Master Street Plan: Cantrell Road is a Principal Arterial. The primary function of
a Principal Arterial is to serve through traffic and to connect major traffic
generators or activity centers within urbanized areas. Entrances and exits should
be limited to minimize negative effects of traffic and pedestrians on Cantrell since
it is a Principal Arterial. Chenal Parkway 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. These streets may
require dedication of right-of-way and may require street improvements for
entrances and exits to the site.
Bicycle Plan: A Class II is shown along Cantrell Road. A Class II bikeway is
located on the street as either a five foot shoulder or six foot marked bike lane.
Additional paving and right of way may be required. A Class III is shown along
Chenal Parkway. A Class III bikeway is a signed route on a street shared with
traffic. No additional paving or right-of-way is required. Class III bicycle route
signage may be required.
Neighborhood Action Plan: This area is not covered by a Neighborhood Action
Plan.
Landscape:
1. The site plan must comply with the City's landscape and ordinance
requirements.
2. An automatic irrigation system to water landscaped areas will be required.
3. Prior to the issuance of a building permit, it will be necessary to provide an
approved landscape plan stamped with the seal of a Registered Landscape
Architect.
4. 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 (0) inch caliper or
larger.
G. SUBDIVISION COMMITTEE COMMENT: (May 29, 2008)
Mr. Joe White was present representing the request. Staff presented an
overview of the development stating there were a number of outstanding
technical issues associated with the request. Staff stated the request was to
allow reduced lot sizes and a reduced landscape strip along the side and rear
property lines. Staff stated the front landscape strip for the eastern lot along
R,
June 19, 2008
SUBDIVISIO
ITEM NO.: 5 Cont. FILE NO.: Z -5099-D
Cantrell Road did not comply with the typical overlay standards. Staff stated all
site lighting was to be directed into the site. Staff also questioned the hours of
dumpster service.
Public Works comments were addressed. Staff stated the storm water detention
ordinance would apply to development of the lots. Staff stated a grading permit
would be required prior to any clearing on the site. Staff also questioned if a
variance from the Land Alteration Ordinance would be requested to allow the
clearing of Lots 1 — 4 with the initial phase of construction.
Landscaping comments were addressed. Staff stated there were several
variations from the Highway 10 DOD proposed with the site plan. Staff also
stated when reviewing the site as a single development plan the total parking
exceed 150 parking spaces therefore the islands would need to be a minimum of
300 square feet in area.
Staff noted comments from the various other reporting departments and
agencies. There was no further discussion of the item. The Committee then
forwarded the item to the full Commission for final action.
H. ANALYSIS:
The applicant submitted a revised site plan to staff addressing most of the issues
raised at the May 29, 2008, Subdivision Committee meeting. The applicant has
indicated the hours of dumpster service to Limit the hours to daylight hours. The
applicant has requested each of the lots be viewed as individual lots to allow the
landscape islands to be limited to 150 square feet in area. Staff is supportive of
this request.
The site plan indicates the subdivision of this 4+ acre tract into four individual lots
and the construction of a restaurant or commercial building on each of the
individual lots. The request includes C-3, General Commercial District zoning,
restaurants and drive-in restaurants on Lots 9C and 9D as allowable uses.
An access easement will be extended from Cantrell Road to Chenal Parkway to
allow access to the proposed lots from each roadway and eliminate the need for
individual drives along Cantrell Road and Chenal Parkway. The drive is
proposed within a 60 -foot access and utility easement and the drive is proposed
with 36 feet of paving and sidewalks located on both sides.
The request includes a variance from the Land Alteration Ordinance to allow
grading of the entire site with the development of the first phase. The developer
has indicated to allow the access drive to be developed in the first phase clearing
of the remainder of the lots is necessary to balance the site. Staff is supportive
of the request.
C
June 19, 2008
SUBDIVISION
ITEM NO.: 5 [Cont.] FILE NO.: Z -5099-D
Order boards are indicated on the site plan and a note has been included stating
the order boards will be screened per the typical ordinance standards. A single
dumpster location has been indicated on each of the four lots. The dumpster
locations indicated along Chenal Parkway should be relocated to the interior of
the site and away from the street right of way. The ordinance typically requires
trash receptacles and pick up to be oriented away from the street side of the
property and adequately screened from view.
The site plan indicates the right of way for Cantrell Road to be dedicated to % of
a 90 -foot right of way and improved to '/2 of a 59 -foot street with a 5 -foot
sidewalk. Cantrell Road is indicated on the Master Street Plan as a principal
arterial and a right of way dedication to %2 of a 110 -foot right of way or 55 feet
from centerline is required. The distances measure adequate to meet the typical
arterial standard but the note on the site plan inaccurately states the right of way
and street construction. Staff recommends the note be corrected to contain the
proper dimension and required street construction.
The ordinance typically requires the placement of a 40 -foot landscape strip along
Cantrell Road. The site plan indicates an encroachment into the 40 -foot
landscape buffer on Lot 9B. The buffer is being reduced from 40 feet to what
appears to be 12 feet.
The site plan indicates the placement of an 18 -foot to 20 -foot landscape strip
along the eastern perimeter of the site and a 17 -foot landscape strip along the
western perimeter of the site. The ordinance would typically require the
placement of a landscape strip averaging a minimum of 25 feet from the property
line on these perimeters. It does not appear when viewing the lots as an overall
development the 25 -foot average is being met along either perimeter property
line.
The site plan indicates the placement of a minimum landscape strip of 15 feet
along Chenai Parkway as typically allowed where a yard abuts a street right and
is adjacent to land zoned for office and residential.
The development is indicated with two development signs. The signage is
proposed consistent with development signage as typically allowed per the
Highway 10 DOD or a maximum of ten feet in height and one hundred square
feet in area. The individual lots are not proposed with ground -mounted signage
and will not be allowed to place signage on the individual lots. Building signage
is proposed consistent with signage allowed in commercial zones or a maximum
of ten percent of the facade area.
The Overlay typically allows a minimum lot size of two acres and a single building
is allowed per two acres. The development proposes to create four lots, which
do not meet the minimum lot size criteria. The applicant is proposing the
construction of four buildings on the site, which also does not meet the building
site criteria of one building per two acres.
The site plan indicates Lots 913 and 9C with potential drive-in restaurants.
Typically drive-in restaurant type facilities desire canopies over the parking stalls.
7
June 19, 2008
SUBDIVISION
ITEM NO.: 5 (Cont.
FILE NO.: Z -5099-D
Based on the current site plan, if this is the case, the canopies could be located
within the 100 -foot building setback. Canopies have not been requested
therefore will not be allowed. Staff occasionally supports variations to the
overlay but staff has typically not supported encroachments within the front
100 -foot building setback of the overlay.
Staff is supportive of the request. Staff does not feel the variations from the
Highway 10 DOD to allow reduced lot sizes and a reduced landscape strip along
the perimeters will significantly impact the development or the area. The site is
adjacent to commercially zoned property to the east and west. The eastern
property has developed with a convenience store and the property to the west is
vacant C-3, General Commercial District zoned property. Staff does not feel the
reduction in the front landscape strip will be a significant impact. The AHTD right
of way extends into the site to cover an existing drainage structure. The area will
be maintained as a grassed landscaped area even though the applicant does not
own this area. Staff does not feel the creation of the lots with less than the
two -acre typical minimum lot size will significantly impact the development. The
developers intend to develop the site with smaller restaurant users, which
typically do not require large amounts of land area. The development intends to
serve a need that is currently not being met in this area of Highway 10. The lots
will be developed with an overall development plan to allow a unified
development of the lots. To staffs knowledge there are no remaining
outstanding technical issues associated with the request. Staff feels the creation
of four lots and the construction of individual buildings on these lots is an
appropriate use for the site.
STAFF RECOMMENDATIONS:
Staff recommends 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 recommends approval of the request to allow advanced grading of the site
with the development of the first phase of construction.
PLANNING COMMISSION ACTION: (JUNE 19, 2008)
Mr. Gene Pfeiffer was present representing the application. There were registered
objectors present. Staff presented the item with 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 also presented a
recommendation of approval of the variance request from the Land Alteration Ordinance
to allow grading of additional phases with the development of the first phase.
0
June 19, 2008
SUBDIVISION
ITEM NO.: 5 Cont. FILE NO.: Z -5099-D
Mr. Pfeiffer stated he would hold his time to address any questions raised by the
opposition.
Ms. Alicia Finch addressed the Commission in opposition of the variances from the
Highway 10 Design Overlay District. She stated she was representing the Coalition of
West Little Rock Neighborhoods and Maywood Manor Neighborhood Association. She
stated there were a number of variances being requested, including the reduced
landscape strip, the two acre minimum lot size, the minimum of one building per two
acres, an encroachment into the front 40 foot landscape strip. She stated in the staff
write-up under the landscape comments there were a number of statements, which
contradicted the staff recommendation. She stated the comments indicated the
landscaping must comply with the Highway 10 DOD but the staff was recommending
approval of a plan that did not meet this requirement. She questioned how trees would
be preserved if the four acre site was allowed to develop with four buildings. She
questioned why four buildings. She stated with two lots and two buildings the
development would more closely comply with the overlay. She stated the
neighborhoods understood the concept of the nodes. She stated the Commission nor
the Board of Directors were adhering to the Highway 10 Overlay, nor the Future Land
Use plan. She stated the Highway 10 Overlay was created to preserve the scenic
beauty of the corridor and the Land Use Plan was created to allow smooth transitions
between the intense commercial uses stepping down to the residential uses. She
requested the Commission not disregard the overlay and deny the request.
Mr. Pfeiffer stated he had fought on the same side as Ms. Finch a number of times. He
stated he was always the first one to request the Commission and Board adhere to the
adopted plans. He stated once a site located near the Taylor Loop Road intersection
which was located in a Transitional zone was rezoned to allow the development of
restaurants his property lost its competitive edge. He stated he only wanted what was
fair. He stated with the allowances of variances and lesser lot sizes on other properties
his property was now being placed at a disadvantage. He stated he was only
requesting to be placed on a level playing field.
The Commission noted at an upcoming informal meeting the discussion of the Highway
10 Overlay would be a topic of discussion. Chairman Taylor questioned public works
staff as to the problems with the access easement and the potential for cut -through.
Staff stated they did not view this as a cut through. Staff stated Highway 300 and the
controlled intersection at the parkway would eliminate the desirability for cutting through.
Commissioner Yates stated he felt it important for the Commission to review the overlay
and its effectiveness. He stated based on staff's review and analysis he was going to
support staff on the issue.
0
June 19, 2008
SUBDIVISION
ITEM NO.: 5 (Cont.
FILE NO.: Z -5099-D
Commissioner Pruitt questioned Transition zoned. Staff stated this was a land use
classification. Staff stated the classification allowed for residential and office uses with
low intensity development.
Commissioner Adcock stated it appeared to be the end of the Highway 10 Plan. She
stated the City had a plan but with every rezoning the plan was being busted. She
stated this was not fair to the residents, to the developers or to staff.
Commissioner Nunnley questioned why he should support the development.
Staff stated in most cases they had held the land use and in very few cases had staff
recommended a change to the Future Land Use Plan. Staff stated as far as the Overlay
they typically supported variations on a number of cases for reduced side and rear yard
landscape strips building setbacks and less than two acre lot sizes when there was
justification. Staff stated they felt this was a case to support the reduced lot sizes and
landscape strips. Staff stated the development was located in a commercial node with
commercially zoned and used property to the east and west. Staff stated the
development seamed to fit with the area and they felt the proposal was appropriate for
this location.
Chairman Taylor stated this development was different than some being reviewed. He
stated the site had frontage on two arterial streets. He stated the site was located in a
commercial node and buffering like uses was not as important as buffing of unlike uses
such as commercial to residential.
Commissioner Meyer stated he too felt tree preservation an important issue. He stated
he also felt increased density was not a bad concept.
Dana Carney, Planning staff, stated the agenda write-up would be modified to eliminate
the contradicting landscape comments. He stated the reasoning for the comments were
they were carried forward from the Subdivision Committee comments, which was a
technical review. He stated at the time of the agenda write-up the developers were
requesting variations from these ordinances standards and if the plan was approved
they would not be required to comply with the standards noted. Staff stated since they
were supporting the request they did not expect the site plan to comply with the
standards noted.
There was no further discussion of the item. The chair entertained a motion for
approval of the variance request from the Land Alteration Ordinance. The variance was
approved by a vote of 7 ayes, 2 noes and 2 absent. A motion was made to approve the
rezoning request to include the modification to the agenda write-up as noted by staff.
The motion carried by a vote of 9 ayes, 0 noes and 2 absent.
10
ITEM NO.: 5. Z -5099-D
NAME: Lots 9B - 9E Northwest Territory Short -form PCD
LOCATION: located North of Cantrell Road and South of Chenal Parkway, just West of
the Chenal Parkway/Cantrell Road Intersection
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 Office of Planning and Development must receive the proof of notice
no later than June 13, 2008.
2. The request includes a variation from the Highway 10 DOD to allow reduced
landscape strip and reduced lot area.
3. Provide the location of the order board and a note indicating the required screening.
4. Does the request include a variance to allow advanced grading of the site with the
development of the first phase?
5. Locate the proposed sidewalks along the access easement.
6. Provide the hours of dumpster service.
7. The site plan indicates the placement of two ground mounted signs. Will the
development be limited to these two sing locations?
8. Provide details of the proposed building signage (percentage of the facade area).
9. A minimum of 10 to 15 percent of the site is to be designated to landscape. Provide
the percentage provide.
10. Provide the percentage of building coverage, the percentage of landscaping and the
percentage of paved area.
11. Provide details of the proposed front landscape treatment. Will berming be used?
12. The request includes the allowance of C-3, General Commercial District uses as
alternative uses for the site.
13.All site lighting must be low level and directional, directed to the parking lot so as to
not disturb the scenic appearance preserved in the Highway 10 Corridor. Lighting
shall be directed to the parking areas and not reflected into the neighborhood.
Variance[Waivers: None requested.
Public Works Conditions:
1. All right-of-way and easement appear to be sufficient.
2. Storm water detention ordinance applies to this property. Show the proposed
location for storm water detention facilities on the plan.
3. 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. A variance is being requested for advanced grading of
lots. Provide a plan showing Phase 1 and what area is being asked to be advance
Item # 5.
graded?
4. Sidewalks with appropriate handicap ramps are required on both sides of the private
commercial street in accordance with Section 31-175 of the Little Rock Code and the
Master Street Plan.
5. Obtain permits for improvements within State Highway right-of-way from AHTD,
District VI.
6. Street names and street naming conventions must be approved by Public Works.
Contact David Hathcock at (501) 371-4808. No street name is proposed.
7. The dimensions of the property lines for the two (2) plans provided do not match.
8. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit from
the Arkansas Department of Environmental Quality prior to the start of construction.
9. Private streets must be built to public street standards. The street centerline grade
cannot exceed 12%, intersection curb radius must be at least 25 feet. The
intersecting street must have at most a 5% entry slope.
10. Street Improvement plans shall include signage and striping. Traffic Engineering
must approve completed plans prior to construction.
11. Streetlights are required by Section 31-403 of the Little Rock code. Provide plans
for approval to Traffic Engineering. Streetlights must be installed prior to
platting/certificate of occupancy. Contact Traffic Engineering 379-1813 (Steve
Philpott) for more information.
12. 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).
13.The proposed street must be built per the Master Street Plan to commercial street
standards with a 60 foot right-of-way, 36 feet from back of curb to back of curb and
sidewalks on both sides.
14. With site development, provide design of street conforming to the Master Street
Plan. Construct one-half street improvement to Chenal Parkway and Cantrell Road
including 5 -foot sidewalks with the planned development. Ordinance 19,883 was
approved by the Board of Directors which deferred construction of street
improvements to Chenal Parkway and Cantrell Road for Lots 1, 2, 3, 5, 6,7,8, and
9A until Lot 9 develops. The specific deferral is for constructing approximately 4850
linear feet of widening for one and one half lanes, curb and gutter, sidewalks,
drainage, street lights and intersection improvements on both sides of Chenal
Parkway and the north side of Cantrell Road for the length of the frontage.
Utilities and Fire Department/County Planning:
Wastewater: Sewer main extension required with easements. Contact Little Rock
Wastewater Utility for additional information.
Entergy: No comment received.
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 request for water service must be met. A Capital Investment Charge based on
Item # 5.
the size of connection(s) will apply to this project in addition to normal charges.
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).
Fire Department: Place fire hydrants per code. Contact the Little Rock Fire
Department for additional information.
County Planning: No comment.
CATA: The site is located on CATA Bus Route #25, the Highway 10 Express Route.
Planning Division: This request is located in the Pinnacle Planning District. The Land
Use Plan shows Commercial for this property. The applicant has applied for a rezoning
from C-3 General Commercial District to Planned Commercial Development to allow the
creation of four lots, two of which will be created with lot sizes less than the two acre
minimum lot size typically required by the Highway 10 Design Overlay District.
The request does not require a change to the Land Use Plan.
Master Street Plan: Cantrell Road is a Principal Arterial. The primary function of a
Principal Arterial is to serve through traffic and to connect major traffic generators or
activity centers within urbanized areas. Entrances and exits should be limited to
minimize negative effects of traffic and pedestrians on Cantrell since it is a Principal
Arterial. Chenal Parkway 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. These streets may require dedication of right-of-way and
may require street improvements for entrances and exits to the site.
Bicycle Plan: A Class II is shown along Cantrell Road. A Class II bikeway is located on
the street as either a five foot shoulder or six foot marked bike lane. Additional paving
and right of way may be required. A Class III is shown along Chenal Parkway. A Class
III bikeway is a signed route on a street shared with traffic. No additional paving or
right-of-way is required. Class III bicycle route signage may be required.
Nei.ghborhood Action Plan: This area is not covered by a Neighborhood Action Plan.
Landscape:
1. The site plan must comply with the City's minimal landscape and buffer ordinance
requirements. The site is located within the Highway 10 Design Overlay District and
must comply with the overlay standards as well.
2. The Highway 10 Design Overlay District requires a twenty-five foot (25') landscape
strip along the eastern and western property lines. Currently, only nine foot (9') is
being proposed.
3. The Highway 10 Design Overlay District requires a minimum forty foot (40')
landscape street buffer along Highway 10; currently, this site is not meeting this
minimal requirement due to the parking area on Lot 9B encroaching substantially.
Item # 5.
4. This site is reviewed as an overall development; in that the Highway 10 intent was
for all sites to be more than two (2) acres; therefore, each lot is subject to having
both an automatic irrigation system and a landscape plan with the seal of a
Registered Landscape Architect.
5. This sites combined parking numbers exceed one hundred and fifty spaces;
therefore, the interior islands need to be a minimum of three hundred square feet
(300) in area to receive credit towards the minimal landscape ordinance
requirements. Also, there will need to be additional interior islands on the site to
meet the evenly distributed portion of the ordinance.
6. Berming is highly encouraged along Highway 10.
7. An automatic irrigation system to water landscaped areas will be required.
8. Prior to the issuance of a building permit, it will be necessary to provide an approved
landscape plan stamped with the seal of a Registered Landscape Architect.
9. The City Beautiful Commission recommends preserving as many existing trees as
feasible on this tree covered 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, June 4, 2008.
Item # 5.
FILE NO.: Z -5099-D (Cont.
adopted plans. He stated once a site located near the Taylor Loop Road intersection
which was located in a Transitional zone was rezoned to allow the development of
restaurants his property lost its competitive edge. He stated he only wanted what was
fair. He stated with the allowances of variances and lesser lot sizes on other properties
his property was now being placed at a disadvantage. He stated he was only
requesting to be placed on a level playing field.
The Commission noted at an upcoming informal meeting the discussion of the Highway
10 Overlay would be a topic of discussion. Chairman Taylor questioned public works
staff as to the problems with the access easement and the potential for cut -through.
Staff stated they did not view this as a cut through. Staff stated Highway 300 and the
controlled intersection at the parkway would eliminate the desirability for cutting through.
Commissioner Yates stated he felt it important for the Commission to review the overlay
and its effectiveness. He stated based on staff's review and analysis he was going to
support staff on the issue.
Commissioner Pruitt questioned Transition zoned. Staff stated this was a land use
classification. Staff stated the classification allowed for residential and office uses with
low intensity development.
Commissioner Adcock stated it appeared to be the end of the Highway 10 Plan. She
stated the City had a plan but with every rezoning the plan was being busted. She
stated this was not fair to the residents, to the developers or to staff.
Commissioner Nunnley questioned why he should support the development.
Staff stated in most cases they had held the land use and in very few cases had staff
recommended a change to the Future Land Use Plan. Staff stated as far as the Overlay
they typically supported variations on a number of cases for reduced side and rear yard
landscape strips building setbacks and less than two acre lot sizes when there was
justification. Staff stated they felt this was a case to support the reduced lot sizes and
landscape strips. Staff stated the development was located in a commercial node with
commercially zoned and used property to the east and west. Staff stated the
development seamed to fit with the area and they felt the proposal was appropriate for
this location.
Chairman Taylor stated this development was different than some being reviewed. He
stated the site had frontage on two arterial streets. He stated the site was located in a
commercial node and buffering like uses was not as important as buffing of unlike uses
such as commercial to residential.
Commissioner Meyer stated he too felt tree preservation an important issue. He stated
he also felt increased density was not a bad concept.
Dana Carney, Planning staff, stated the agenda write-up would be modified to eliminate
the contradicting landscape comments. He stated the reasoning for the comments were
W