HomeMy WebLinkAboutZ-5799 Staff Analysis1. Meeting Date: April 19, 1994
2. Case No.: Z-5799
3. Request: Appeal of the Planning Commission recommendation
of denial of the request for the establishment of COULSON
OIL CO. SHORT -FORM PCD
4. Location: On the no;north side of Highway 10, southeast of
the Southridge Dr. intersection
5. Owner/Applicant: Coulson Oil Co.
6. Existing Status: R-2, Single -Family
7. Proposed Use: Convenience store, restaurant, fuel service,
and automated car wash
8. Staff Recommendation: Denial
9. Planning Commission Recommendation: Denial
10. Conditions or Issues Remaining t❑ be Resolved: None
11. Right -of -Way_ Issues: Additional right-of-way required
12. Recommendation Forwarded With: A vote of 2 ayes, 7 nays, 2
absent, and 0 abstentions
13: Objectors: Edgar Tyler, Larry Mabry, Mina Drause, Donald
Glowen, Ruth Bell
14. Neighborhood Plan: River Mountain (1)
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FILE NG_: Z-5799
NAME: COULSON OIL CO. -- SHORT -FORM PLANNED COMMERCIAL
DEVELOPMENT
LOCATION: On the north side of Highway 10, southeast of the
Southridge Dr. intersection
DEVELOPER: ENGINEER:
COULSON OIL COMPANY DEVELOPMENT CONSULTANTS, INC.
1434-38 Pike Ave. 10411 W. Markham St., Suite 210
North Little Rock, AR 72114 Little Rock, AR 72205
376-4222 221-7880
AREA:
2.19 ACRES
NUMBER OF LOTS: 1
FT.
NEW STREET: 0
ZONING•
R-2
PROPOSED
USES:
Commercial
PLANNING DISTRICT: 1
CENSUS TRACT: 42.05
VARIANCES RE UESTEiJ: None
STATEMENT OF PROPOSAL:
The applicant proposes a PCD in order to develop a combined
convenience store and restaurant use on the site. The concept
involves the combination of a convenience store outlet with fuel
sales and accompanying enclosed car wash, and a restaurant with
drive-through service. This concept, explains the applicant, "is
a relatively new idea that is appearing in other parts of the
country"; that "the combined usage is logical because restaurants
with drive-through service exist for the same reason of
convenience as (does) the convenience store"; and, that "they
both serve the demand for quickly accessible goods and service at
'convenient' locations to residents and passing traffic". The
applicant proposes to own and operate both uses and will purchase
a restaurant franchise for "name brand" food service.
The location on Highway 10 was selected, explains the applicant,
because it has good accessibility to present and future customers
in a growing area, and it is adjacent to other existing and
pending commercial developments. The proposed site, states the
applicant, is large enough to accommodate the proposed
development program and to provide substantial landscape space,
building setback, and buffering. There is proposed to be a large
area along the northern boundary that will be undisturbed and
existing trees will be preserved. Additional trees will be
planted in this area to create a lower canopy of trees to enhance
the screening effect. A privacy fence is planned to be set along
the limits of the site dividing the developed and undisturbed
areas.
FILE NO.: Z-5799 (Continued)
The site is a 2.1887 acre tract consisting of two existing
parcels which will be combined into a one -lot subdivision. A
one-story, 6,000 square foot building will be occupied by the
convenience store and the restaurant. The drive-through service
for the restaurant will be located on the west face of the
building. To the east of the convenience store, and separated by
approximately 60 feet, is the fuel pump canopy which measures 47
feet by 84 feet. An enclosed, automated car wash is located east
of the canopy and will serve convenience store customers
following their fuel purchase. The main building and car wash
are located 108 feet off Highway 10. The south edge of the fuel
pump canopy is located 91 feet off the right-of-way. Building
coverage is proposed to be 11.19% of the land area.
Access to the site is proposed to be limited to one two-way curb
cut on Highway 10 and one two-way curb cut on Southridge Dr. The
Southridge Dr. access is intended to provide service to the site
from the Walton Heights customers without forcing traffic around
the site and onto Highway 10; and, it is located on Southridge in
order for customers who wish to travel east on Highway 10 to have
the benefit of the signal light at the Southridge Dr. -Highway 10
intersection in order to turn left.
A. PROPOSAL/REQUEST:
Review by the Planning Commission and approval by the Board
of Directors is requested for a PCD for the development of a
2.1887 acre site for a combined convenience store with fuel
sales -restaurant with drive-through service -and automated
car wash. The proposal involves construction of a 6,000
square foot building in which the restaurant and convenience
store would be located; a 47 foot by 84 foot fuel pump
canopy; a 20 foot by 36 foot automated car wash building; a
drive-through service window and order board; parking for 49
vehicles; and access drives. The area abutting Southridge
Dr. forms an undisturbed landscaped buffer area which ranges
from a maximum width of 50 feet at the eastern edge of the
site to 15 feet wide at the access drive onto Southridge Dr.
A privacy fence is to be located at the perimeter of the
undisturbed buffer to provide visual screening of the site
from persons driving down Southridge Dr. from the north.
The requirements of the Highway 10 Overlay are proposed to
be met. Primary signage for the project will be located at
the Highway 10 entry and will adhere to the Design Overlay
District guidelines. No variances or waivers are requested.
B. EXISTING C NDITIONS:
The site is currently made up of two tracts which are to be
combined. The site is vacant, except for a one story home
located at the southeast corner of the property. There are
2
C.
M
NO.: Z-5799 (Continued
many trees on the site, especially along the north property
line. The site has a 40 foot elevation differential across
it, with the low point being at the southwest corner of the
site. Half of that differential occurs in the northwest 120
feet of the property.
The current zoning is R-2. A Little Rock Fire Department
Station is located immediately to the west in R-2 property.
All the surrounding property north of Highway 10 is zoned
R-2. South of Highway 10 is R-2 and 0-3 property.
ENGINEERING/UTILITY COMMENTS:
Engineering reports that a sidewalk will be required to be
constructed along Highway 10 and along the Southridge Dr.
frontage of the site. The Stormwater Detention and
Excavation Ordinances are applicable.
Water Works reports that the details of the water main
relocation will need to be more specific, and the layout
will vary from that shown. The water main will need to be
laid outside of the highway right-of-way and Water Works
will need a 10 foot wide easement adjoining the back side of
the 20 foot permanent construction easement for construction
of this main.
Wastewater indicated that sewer is available.
Arkansas Power & Light Co. and Southwestern Bell Telephone
Co. will require easements.
Arkansas Louisiana Gas Co. approved the submittal without
comment.
Landscape review reports that the Highway 10 Overlay
Ordinance required additional screening and trees along
Highway 10 above those required by the Landscape Ordinance.
A lawn sprinkler system to water the plants will be
required.
ISSUES/LEGAL/TECHNICAL/DESIGN:
All required exhibits and information have been submitted.
There are no issues remaining as far as the needed plans and
information to meet the requirements for PCD submittals.
The Planning staff reports that the site is in the River
Mountain District, and the Land Use Plan recommends
Transition zone for the area. There have been no changes to
justify amending the Plan to allow commercial uses.
FILE NO.: Z-5799 (Continued)
E. ANALYSIS:
The site planning has attempted to deal with the need to
provide landscape buffering of the proposed use from the
residential area beyond, especially to the north in Walton
Heights. A large natural and landscape buffer is proposed
along Southridge Dr. The fence, retaining wall, and
existing and proposed trees are said to provide a canopy of
trees which are to enhance the screening effect.
The matter of site lighting has not been addressed.
Buffering of the sound from the order board/intercom must be
adequately addressed; fire fighters live and sleep in the
fire station immediately to the west.
The proposed use is in conflict with the Land Use Plan, and
there is not sufficient justification to amend the Plan to
allow commercial use of the site.
F. STAFF RECOMMENDATIONS:
Staff recommends denial of the request.
SUBDIVISION COMMITTEE COMMENT:
(MARCH 3, 1994)
Mr. Robert Brown, representing the applicant, was present. Staff
presented an overview of the proposal and the Committee reviewed
with Mr. Brown the items contained in the discussion outline.
Mr. Brown responded that he would made the needed corrections or
provide the additional information requested. The Committee
forwarded the request to the Commission for the public hearing.
PLANNING COMMISSION ACTION:
(MARCH 22, 1994)
Staff reported that the applicant had submitted a letter, dated
March 4, 1994, asking that the item be deferred to the
April 5, 1994 Planning Commission hearing. The item was included
on the Consent Agenda for deferral to the April 5 meeting, and
was approved with the vote of 10 ayes, no nays, 1 absent, and no
abstentions.
PLANNING COMMISSION ACTION:
(APRIL 5, 1994)
Staff reported that all required exhibits have been submitted,
and there are no outstanding technical issues to be resolved.
The staff recommendation, however, was reported as being
unchanged: denial due to conflict of the use with the Land Use
Plan.
4
FILE NO.: Z-5799 (Continued
The applicant was represented by David Jones of Vogel Realty.
Mr. Jones introduced Mr. Ray Coulson, of Coulson Oil Co. and
Mr. Robert Brown, of Development Consultants, the project
engineer. Mr. Jones introduced the project, indicating that the
submittal was for a PCD.
Mr. Jones related that he was no stranger to Highway 10
development or to the Highway 10 Land Use Plan; that he had been
on the Planning Commission when the Plan was developed and
represents a number of clients who own property on Highway 10.
He related that Coulson Oil had given him an assignment to find
two sites: one on Highway 10 and one on Chenal Parkway., Both
were to be beyond I-430, but close to I-430 for accessibility to
"going -home traffic", and on the north side of the road on the
"going -home" side of the road. The sites must be at least
2 acres in size. On Highway 10, though, except for the proposed
site, there is no other site which meets those parameters.
Across Highway 10 from the proposed site is a liquor store, a
Phillips Petroleum store, a cleaners, and a convenience store.
Next to the Phillips site is a 5 -acre site which is already zoned
for commercial uses which is ready for development. On the north
side of Highway 10, and immediately to the west of the proposed
site, is a fire station. The Southridge-Highway 10 intersection,
with its concentration of commercial and other non-residential
uses, forms a commercial "node" which qualifies this site for
other commercial development. From this location, to the west,
there is the "node" where the Kroger store is located, with the
strip center directly across the street; at east Taylor Loop
Road, there is the "node" where Harvest Foods is located; next,
there is Johnson Ranch; then there is the Highway 10-Chenal
Parkway intersection. In the 4 1/2 miles from 2-430 to the
Highway 10-Chenal Parkway, there are no sites which meet the
parameters which Coulson Oil must have except for the one chosen
and which is represented by the application.
Mr. Jones explained that the reason for the greater development
along Chenal Parkway, as opposed to along Highway 10, is the more
strict regulations imposed on developments along Highway 10; that
developers do not want to have to go to the Supreme Court every
time they want to try to re -zone a piece of property along
Highway 10. He pointed out that there are only 2 corridors along
which development can take place in west Little Rock, and, since
there is no commercial zoning along Highway 10, the Chenal
Parkway corridor is getting all the development.
Mr. Jones related that the Coulson's are prominent persons in the
community and heavily involved in community affairs, and said
that they want to develop a quality project that is sensitive to
the area and to the neighbors. Consequently, he and the
Coulson's met with the neighbors who would be most directly
affected, the owners of the two homes across Southridge Dr., with
5
FILE NO_: Z-5799 (Continued
Winrock and Don Schickel who own lots in the subdivision, and
with the Walton Heights Property Owners' Association board. One
of the homeowners across the street wrote a letter expressing no
objections to the proposed development. The other homeowner was
just starting construction on his home when contacted, and he
decided that he was not concerned about the proposed development
and decided not to delay construction. Winrock and Schickel
expressed no objections. The Property Owners' Association
expressed concerns, and there was an attempt by the developer to
address these concerns in the site development plan.
Robert Brown presented the specific proposal from a technical
aspect. He presented the site plan and explained the various
uses which are proposed, their relationship to one another, the
traffic flow into, out of, and within the site, and the
landscaping -buffering accommodations.
Mr. Jones pointed out that it is normal for commercial zoning to
be located at major intersections, and that the Highway 10-
Southridge Dr. intersection should not be different. He said
that it is not unusual for commercial zoning to exist at
entrances to residential neighborhoods.
Mr. Coulson addressed the Commission and public, saying that
Coulson Oil is a good corporate citizen and wanted to maintain
the good will of the citizens no matter how the vote came out.
Chairperson Chachere asked if there were a spokesperson for those
in opposition to the development.
Ed Tyler indicated that he would address the issues, that he had
been asked by Larry Mabry, president of the Walton Heights
Property Owners' Association and Gene Hindershot to speak. He
stated that the proposed use is not appropriate; that the
neighborhood is concerned about the impact on traffic at the
intersection, on Southridge Dr., and into the Walton Heights
neighborhood; about getting in and out of the neighborhood
through the one -and -only intersection serving the neighborhood;
and, about the proximity of the development to the fire station.
Larry Mabry introduced himself as a resident and president of the
property owners' association. He related that, indeed, Mr. Jones
and representatives of Coulson Oil had visited with the board of
directors. Concerns expressed by the board are: 1) a park
designed for children is proposed to be built a short way up the
hill from the proposed development at the first hairpin curve,
and increased traffic will be a problem; 2) the property owners'
association currently maintains the land at the northeast corner
of the Highway 10-Southridge Dr. intersection, and the
development will cause an increase in litter; 3) the development
will cause an increase in traffic which will make it next to
3
FILE NO.: Z-579.9 Continued
impossible to turn left onto Highway 10 from Southridge Dr.; 4)
it will be impossible for Walton Heights residents to get through
the traffic signal at Highway 10 and Southridge Dr.; 5) the
noise from the development will be a problem to the fire fighters
trying to sleep.
Mina Drause introduced herself as a realtor, a residential
builder, and a resident of Walton Heights. She said, responding
to Mr. Jones' complaint about the lack of commercially zoned or
available property along Highway 10, that Highway 10 has
practically no commercial development because it has always been
designated for residential development. She said that it is not
appropriate to put the proposed type development at the entrance
to an old, established neighborhood. She explained that the
Walton Heights neighborhood is a very large neighborhood, but has
only the one way in and one way out: through the Highway 10-
Southridge Dr. intersection. There are, she said, 450 homes in
the neighborhood, representing 1000 persons; there are 1000 cars
per day going in and out; so, Southridge Dr. and the intersection
are very congested. She related that the neighborhood is a very
good neighborhood that "works", where children play and neighbors
help one another. More traffic will adversely affect property
values, will cause the neighborhood to be unable to keep the land
at the entrance to the neighborhood picked up, and the neighbors
will "loose" their neighborhood. She stated that all the
residents are opposed to the development.
Mr. Donald Glowen addressed the Commission. He explained that a
park is supposed to be built to the east of the proposed site and
abutting it, and that beer sold at the proposed convenience store
and consumed at the park would be unacceptable; the cited the
problem of the one-way-in/one-way-out to the neighborhood, and
the problem with additional traffic; he cited the potential
problem with the Southridge Dr. access to and from the proposed
development site being located in close proximity to a blind
curve, and the problem with sight distance for people on
Southridge Dr. and entering or exiting the site; he cited the
problem to the fire fighters with the noise from the 24-hour
operation of the convenience store -restaurant -gas station; he
complained about the additional traffic which would be generated
causing back-ups for persons trying to get through the traffic
signal; he was concerned about the fire equipment not being able
to respond to emergencies due to traffic backed up on Southridge,
or the danger of fire equipment having to use the wrong side of
the road to by-pass the traffic being met by persons at the blind
curves; and, he explained that the center lane on Highway 10 is
currently used as a left -turn lane, and that the addition of
another use so close to the others will increase the incidence of
head-on collisions in the center lane.
Ruth Bell, identifying herself as spokesperson for the League of
Women voters of Pulaski County, reported that the League had 2
concerns: 1) that the existing Land Use Plan be supported; and,
7
ILE UC.: Z-5799 Continued
2) that the proposal contained the added nuisance factor of a
fast food component with its message board and unpredictable and
on-going noise. She expressed concern that the loud speaker
noise would travel over the ridge to the neighborhood beyond.
Mr. Jones responded to the concerns. He related that the current
owner had received a letter from the City Parks and Recreation
Department in which a plan for a neighborhood park had been
outlined and in which a request for the sale or donation of land
was proposed. Mr. Jones related that Mr. Coulson, if the PCD is
approved, would donate the land outlined for the park. He also
commented that Mr. Coulson would assume the responsibility for
mowing and picking up litter at the entrance site to Walton
Heights. Mr. Jones reiterated that the proposed site is not in a
residential neighborhood. It is, he said, at a major
intersection, with commercial uses similar to the ones proposed
and undeveloped, commercially zoned land just across the street.
He stated that there is a ridge which separates the residential
neighborhood from Highway 10, and that the sound would not be a
problem to the neighborhood. Mr. Jones contended that, if the
site were zoned for office development, as was deemed a better
choice by some of the neighbors, the traffic problem at the going
-to-work and coming home time would be compounded, since office
workers are coming and going at the same time. A commercial use
would not, he said, add to the existing traffic problem of the
neighborhood residents trying to go to or come home from work.
Mr. Jones contended that there are no blind curves which would
cause a problem for customers or residents entering or leaving
the site. He stated that the current traffic count along Highway
10 at the site's location is 25,000 vehicles per day, and it will
continue to increase; that the area is in transition and the
intersection meets the requirements for commercial development.
With the development approach which the current developer has
taken, he contended, the proposal is the best and highest use for
the site.
Jim Lawson addressed the Commission. He maintained that the
current application could "break the dyke" in the long-standing
attempt to hold back "stipping out" Highway 10 like Rodney Parham
or Asher Ave. and other arterials. He said that if the current
rezoning request is granted, the Highway 10 will become another
commercial corridor. The Land Use Plan shows the site under
consideration to be for an office use, and if it is rezoned for
commercial use, then land to the east, between the site and the
church, and across the street to the south would logically need
to be rezoned for commercial uses. He pointed out that Highway
10 does not control access, as Chenal Parkway does; so,
commercial development along Chenal Parkway was planned. The
Commission and the Board of Directors had decided years earlier
that Highway 10 was going to be done differently, that it was not
going to be "stripped out". Just as the Plan had anticipated,
office development is taking place along Highway 10. The
available commercial land is limited and, consequently,
A
FILE NO.: Z-5799 _(Continued
expensive, but it is available. The applicant has other choices,
but the alternatives are expensive. If he can rezone property
and achieve his objective, then others can assume that they also
have this alternative. The staff recommendation, then, is to
reject the application.
Commissioner Wyrick asked if the neighborhood would be amenable
to the proposal if there were no access onto Southridge. A
resident, identifying herself as living in the eleventh house up
the hill, said that it would make no difference; she can hear the
noise from the commercial development across Highway 10 all night
as it is, and opposes the extension of commercial development to
the north side of Highway 10. ,
Mr. Jones responded, saying that there are office developments
which have destroyed neighborhoods. Look at Birchwood and the
office development at the end of Wilbur Mills, he said. On the
other hand, there are commercial developments which have not
harmed the abutting residential neighborhoods. The buffering and
landscaping are the important determinant; so, if the design
overlay requirements are imposed and the site is well landscaped
and buffered, then the use can be compatible. Public planning
needs to allow the private market place to operate, and the
proposed site is the site the private market place has chosen as
the place which is best suited for the applicant's development.
The applicant, he said, has made extensive concessions to make
the use compatible, and it is, he concluded, a good use for the
site.
Commissioner Walker pointed out that there is insufficient right-
of-way to meet Master Street Plan requirements. Mr. Lawson said
that the required right-of-way would have to be dedicated.
Mr. Bill Henry, City Traffic Engineer, agreed.
Commissioner Putnam asked for clarification on the need for
amending the Land Use Plan prior to acting on rezoning the
property. Deputy City Attorney, Steve Giles, said that amending
the Land Use Plan is required. Mr. Lawson responded that Plan
amendments are prepared and accompany rezonings to the Board.
A motion was made and seconded to approve the request. The
motion, however, failed, with the vote of 2 ayes, 7 nays,
2 absent, and 0 abstentions.
E