HomeMy WebLinkAboutZ-5738 Staff AnalysisI- Meeting Date: December 7, 1993
2. Case No.: z-5738
3. Request: Establishment of "Plant Plant Short -form PCD"
4. Location: 11,300 Financial Center Parkway
5. Owner/Anmlicant: David Pickering
6. Existing Status: O-3
7. Proposed Use: Plant Plant and the Leather Gallery and uses
by right is the 0-3 zoning district.
8. Staff Recommendation: Approval
9. Planning Commission Recommendation: Approval
10. Conditions or Issues Remaining to be Resolved: Abandonment
of dead-end north -south right-of-way at west edge of
property.
11. Right -of -Way issues: None except as noted above
12. Recommendation Forwarded with: 7 ayes, 0 noes, 3 absent,
0 abstention and 1 open position
13. Obiectors: None
14. Neighborhood Plan: I-430 (11)
FILE NO.: Z-5738
NAME: PLANT PLANT - SHORT -FORM PLANNED COMMERCIAL DEVELOPMENT
LOCATION: On the north side of Financial Center Parkway,
approximately 0.1 mile west of Hardin Road.
DEVELOPER: ENGINEER:
DAVID PICKERING WHITE-DATERS & ASSOCIATES, INC.
11621 Rainwood Drive 401 Victory St.
Little Rock, AR 72212 Little Rock, AR 72201
227-6376 374-1666
AREA: 0.8860 ACRES NUMBER OF LOTS: 1 FT. NEW STREET: 0
ZONING: 0-3 to PCD PROPOSED USES: Retail
PLANNING DISTRICT: 11
CENSUS TRACT: 24.04
VARIANCES REQUESTED: None
STATEMENT OF PROPOSAL:
The applicant proposes the construction of a 10,560 square foot,
1 -story commercial building on a 0.886 acre site. The site has
490 feet of frontage on Financial Center Parkway, but is only
115.77 feet deep at its narrower end. Since the site backs up to
residential property, the developer proposes to place no doors,
windows, or other access on the north face of the building to
protect the privacy of these homes. Parking is proposed to be
along the Financial Center Parkway frontage and at both ends of
the building. Access is proposed to be by way of existing curb -
cuts.
A. PROPOSAL RE UEST:
The applicant requests review by the Planning Commission and
approval by the Board of Directors for a PCD in order to
construct a retail building which is proposed to contain
approximately 10,560 square feet. The site is a very narrow
strip of land with 490 feet of frontage on Financial Center
Parkway, but only 115.77 feet of depth at its narrower end.
In order to protect the privacy of the residents who live on
Eric Lane to the north, the applicant proposes to place no
windows or doors or have any other access on the north face
of the building. Parking is proposed to be along the front
and at both ends of the building. The existing curb cuts
provided to Financial Center Parkway are proposed to be
utilized for access drives. No variances are requested.
FILE NO.: Z-5738 (Continued)
B.
C.
IM
EXISTING CONDITIONS:
The site is currently zoned 0-3,
land fronting on Financial Center
residential neighborhood abutting
currently undeveloped.
ENGINEERING/ UTILITY COMMENTS:
and is a shallow strip of
Parkway, with a
to the north. The site is
Engineering relates that conformance to the Master Street
Plan requirements which call for one driveway every 300 feet
will be enforced. The driveway on the east will need to be
deleted. Close 30 feet of the remaining right-of-way on the
west edge of the property. The Detention and Excavation
ordinances are applicable.
Water Works reports that a pro -rata front footage charge of
$12.00 per foot applies along Financial Center Parkway in
addition to the normal connection fee.
Wastewater Utility reports that a sewer main extension with
easements will be required.
Site Plan review reports that the southern landscape buffer
width needs to be increased to 6 feet. Provide a western
landscape buffer of 6 foot width. Increase the interior
landscaping within the parking lot to 6% of the total
vehicular use area.
The Fire Department comments that the curb extensions going
into the property from the main entrance should be shortened
by about 5 feet for more turning room.
AP&L and Southwestern Bell will require easements.
ISSUES/LEGAL/TECHNICAL/DESIGN:
A statement describing the character of the development and
including the rationale behind the assumptions and the
choices made by the applicant is required. The statement
provided is incomplete and inadequate.
A topographic cross section is required.
The proposed treatment of the perimeter of the property,
including materials and techniques used for screening, is
required. A schematic landscaping plan is required.
A development schedule is to be furnished. A statement
regarding the future selling or leasing of all or portions
of the project is required.
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FILE NO.: Z-5738 (Conti
The names of abutting subdivisions, along with the book and
page number or instrument number, are to be shown. The
names of abutting property owners of unplatted land are to
be indicated.
The zoning clarifications of the site and of abutting
property are to be shown.
The Engineering and Surveying Certifications are to be
included and executed.
A preliminary Bill of Assurance is to be provided.
E. ANALYSIS•
A portion of the property included within the scope of this
project is public right-of-way. Engineering indicates that
this "left -over" piece of right-of-way needs to be
abandoned. The area of the right-of-way, however, may not
be included within the boundary of the development until
this is accomplished. There has, to date, been no action
taken by the applicant to pursue the needed abandonment.
There are, then, insurmountable problems with this
application proceeding at this time.
F. STAFF RECOMMENDATIONS:
Staff recommends deferral of the item until the application
is amended to include the right-of-way abandonment, so that
the right-of-way abandonment and the hearing on the PCD can
proceed together. If the right-of-way issue is resolved,
staff recommends approval of the PCD for the two listed uses
and those uses by right in the 0-3 zoning district.
SUBDIVISION COMMITTEE COMMENT: (September 16, 1993)
The engineering firm on this project was represented by Mr. Joe
White. Staff presented the item. Mr. White reviewed the
comments contained in the discussion outline. Mr. White
indicated that the central drive approach is an existing curb cut
provided when Financial Center Parkway was constructed. He
indicated that there were prior agreements which would allow its
use as it now exists. There was also discussion about the
western right-of-way and the need to abandon it. After this
discussion, the Committee forwarded the item to the Commission
for the hearing.
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FILE NO.: Z-5738 (Continued)
PLANNING COMMISSION ACTION:
Staff introduced the item as a
Commercial Development District
Gallery, and indicated that the
present.
(OCTOBER 5, 1993)
request for approval of a Planned
for Plant Plant and the Leather
applicant's representative was
Mr. Joe White, with White-Daters & Associates, Inc., exhibited a
front elevation of the proposed building and indicated that the
building would be a handsome facility and an attractive addition
to the buildings on Financial Center-Chenal Parkway. He reported
that the land on which the development is proposed is very
shallow, with residences to the north. As a buffer and to
provide them privacy, the building is proposed to have no
openings, no doors or windows, in the rear; that all entry would
be form the front. He indicated that the height of the rear wall
would be approximately 8 feet above the elevation of the rear
yards of the abutting residential property. This, he said, would
afford them privacy. Mr. White explained that the proposed
businesses are low traffic volume businesses, with approximately
100 customers per day; that the proposed businesses are similar
to a furniture store.
Commissioner Oleson asked if the PCD application were for only
the two listed commercial uses, or if other uses had been
requested. Staff responded that there was no indication in the
"write-up" or in documents submitted by the applicant which would
indicated that other uses were being requested. Mr. White
responded that the applicant was under the impression that he
could have the uses listed in the 0-3 zoning district
regulations, since the site is currently zoned 0-3, and that the
applicant would request some less objectionable commercial uses.
Commissioner Oleson asked that a listing of the proposed
commercial uses be provided, saying that adding commercial uses
to the PCD is a "back door" means of an applicant achieving C-3
or C-4 zoning in an area which the land use plan reserves for
office zoning. Commissioner Oleson added that she could support
the PCD application if it were limited to the Plant Plant/the
Leather Gallery uses, plus 0-3 uses. Mr. White replied that, in
addition to the requested commercial uses and the 0-3 uses, that
for financing purposes, alternate commercial uses are required.
Chairman Walker interjected that it appeared that the applicant
could count on approval of the Plant Plant/the Leather Gallery
request, plus could count of approval of 0-3 uses, but suggested
that the applicant come back at a later date to amend the PCD to
include commercial uses. He suggested that the applicant consult
with staff in the formulation of this list.
After a discussion involving Commissioners Ball and Chachere
regarding possible commercial uses and site planning, Chairman
Walker asked Mr. White if he had a list available of desired
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FILE NO.: Z-5738 Continued
commercial uses. Mr. White and the applicant, Mr. David
Pickering, provided a lengthy list of 50 ± commercial uses. They
indicated, however, that there was no intention of using the
property for any other commercial uses than for Plant Plant/the
Leather Gallery; that the bank was requiring approval of an array
of commercial uses in order to approve financing for the
property. Mr. White and Mr. Pickering explained that in the
event that the bank were to have to take the property, the bank
wanted to be able to have as much flexibility as possible in the
uses of the property, not with just 0-3 uses. Mr. Pickering
suggested that Commissioners look at the type houses he builds in
order to know what type building he is proposing. He added that
the building will look good and have 50% more landscaping than is
required. Commissioner Ball responded, though, that if the
proposed business fail, the use of the building can be converted
to those which would not be acceptable.
Commissioners Willis asked for clarification of the uses which
are allowed in 0-3. Staff reported that 0-3 is not simply --an,
"office" district; that there are 40 some -odd uses permitted.
Mr. Ed Willis, who identified himself as the owner and seller of
the property, asked that the list be pared down to one which
would be acceptable to the Commission. Six or eight obviously
objectionable uses were removed from the list by the applicant.
Commissioner vonTungeln observed that the applicant was seeking
C-3 zoning in the requested uses, even with the removal of the
few listings.
Chairman Walker asked the applicant if he wished to move on to a
vote on the item, or whether he wanted to amend his application.
Mr. White asked if the item could be deferred to the next
Commission meeting in order for the applicant and staff to
formulate a list of commercial uses which would be acceptable to
the Commissioners and to staff. Deputy City Attorney Steve Giles
stated that the Commission could consider the applicant's request
for the PCD for Plant Plant/the Leather Gallery, plus 0-3 uses,
then, at the Board of Directors, could request the additional
commercial uses.
Chairman Walker clarified the request with the applicant; that
the request was for approval of a PCD for Plant Plant/the Leather
Gallery, plus for those uses by right in the 0-3 zoning district.
A motion was made to approve the request, and was approved with a
vote of 7 ayes, 0 noes, 3 absent, 0 abstentions, and 1 open
position.
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