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HomeMy WebLinkAboutZ-5803 Staff AnalysisMarch 22, 1994 ITEM NO.: 16 FILE NO.: Z-5803 NAME: DICK LAYTON BUICK -- SHORT -FORM PLANNED COMMERCIAL DEVELOPMENT LOCATION: At the southwest corner of Chenal Parkway and W. Markham Street, west to Atkins Road DEVELOPER: ROMAN CATHOLIC DIOCESE LITTLE ROCK C/o Dickson Flake 1200 First Commercial P. O. Box 3546 Little Rock, AR 72203 372-6161 AREA: 3.31 ACRES ZONING• C-2 PLANNING DISTRICT: 18 CENSUS TRACT: 42.06 VARIANCES REQUESTED: STATEMENT OF PROPOSAL: ENGINEER• OF Robert Brown DEVELOPMENT CONSULTANTS, INC. 10411 W. Markham St., Suite 210 Building Little Rock, AR 72205 221-72205 NUMBER OF LOTS: 1 FT. NEW STREET: 0 PROPOSED USES: Auto Display, Sales & Service None The applicant proposes a PCD for the development of the Dick Layton Buick automobile display, sales, and service business. The proposal involves development of a 3.31 acres site which is currently zoned C-2, Shopping Center District. The proposed development site is Lot 1 of a preliminary plat being considered for approval as another item on the agenda. The PCD application proposes construction of a 19,340 square foot building to house the show room, offices and administration area, service area, and part area; and a 2,440 square foot sales office building. The proposed building coverage is 15.11% of the land area. Parking for 269 vehicles is planned, with a great majority of these being for display of vehicles. The main sales -service building is an inverted "V" shaped building, and the two end points are proposed to be located 33.1 feet from the south property line. Proposed signage is: a primary sign to be a pole mounted sign no greater than the standard sign regulations for free-standing commercial signs (i.e., 36 feet in height and 160 square feet of area); a monument sign which will conform to the standards set March 22, 1994 SUBDIVISION ITEM Nd • 16 (Continued) FILE NO.: Z-5803 forth in the Design Overlay District for Chenal Parkway (i.e., 8 feet maximum in height and 100 square feet of area). No additional right-of-way dedication is proposed along Chenal Parkway. Construction of an additional traffic lane for Chenal Parkway is not proposed; however construction of a deceleration lane on Chenal Parkway to the entry drive off Chenal Parkway and the required sidewalk will be built. Master Street Plan improvements on W. Markham St. and on Atkins Rd. will be constructed. A. PROPOSALI__REQUES : Review by the Planning Commission and approval by the Board of Directors is requested for the establishment of a PCD for Dick Layton Buick. The applicant proposes a PCD for the display, sales, and service of automobiles. The project involves construction of a 19,340 square foot showroom - office and administration -service -parts building, and a 2,400 sales office building. Parking for 269 vehicles is proposed. Drive entrances off Chenal Parkway, W. Markham St. and Atkins Road are requested. The drive off Chenal Parkway is a right turn only commercial entry. A decelerating lane from the W. Markham St. intersection to this entry off Chenal Parkway will be constructed. Master Street Plan improvements involving construction of one-half of W. Markham St. from the existing improvements which meet standards westward to Atkins Rd. are proposed. Master Street Plan improvements involving construction of one-half of Atkins Rd. are proposed. Sidewalks will be constructed along all three street frontages. The proposed signage is in conformance with the Regulations; no variance from these Regulations is anticipated. Waivers from the requirement to provide additional right-of-way along Chenal Parkway and construction of a full additional traffic lane are requested. B. EXISTING CONDITIONS: The site is undeveloped and wooded. The site has about a 16 foot difference in topography across it, with the low point being at the northeast corner of the tract. The existing zoning of the site is existing C-2 zoning district along Property to the north and east is zoned O-3. C-2. There is an the south property line. zoned C-3; to the west is March 22, 1994 SUBDIVISION ITEM NO.: 16 (Continued) _FILE NO.: Z-5803 C. ENGINEERINGIUTILITY COMMENTS: Engineering reports that the Ordinance will require dedication of 10 feet of additional right-of-way along Chenal Parkway and the construction of an additional traffic lane. Master Street Plan improvements must be constructed along W. Markham St. and on Atkins Rd. The Stormwater Detention and Excavation Ordinances will apply. Water Works reports that the on-site line will be a private fire service line. The main in W. Markham St. is a 20" main. Water Work recommends the installation of a main on the westerly side of Chenal Parkway across this property. The fire service could be taken off of this main. A main would be in place across this property to serve the property to the south. It appears that an extension at that point eliminates the need for a main crossing W. Markham St. Wastewater reports that the sewer easement shown must match the location of the existing 10" sewer main shown on the plat. 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 average full buffer width required along Chenal Parkway is 34 feet. The minimum average requirement with transfers is 23 feet. Some of the proposed areas for car display from the property line along W. Markham St. is less than the 20 foot setback required in the areas zoned for outdoor display. D. ISSUES(LEGALITECHNICALLDESIGN: An issue has not been addressed concerning any proposed public address system to be installed on the site. With the proximity of residential and office uses, amplified sound could be a nuisance. All deficiencies have been addressed and all information requested at the Subdivision Committee meeting have been provided. There are no outstanding issues to be resolved except for the matter of a public address system. The Planning staff reports that the site is in the Ellis Mountain District, and the Land Use Plan recommends commercial use for the site. Another C-4, Open Display 01 March 22, 1994. SUBDIVISION ITEM NO.: 1G Continued FILE Na.: �-5803 District, use on Chenal Parkway will have a significant impact on the area in terms of signage, traffic, etc. E. ANALYSIS: The existing zoning of the site is C-2, Shopping Center District. Uses such as churches; eating places with and without drive-in service; hardware or sporting goods stores; home centers; hotels or motels; lawn and garden centers; a private club with dining or bar service; a business school; a service station; theaters; etc. are allowed by right in this zoning district. An automobile display, sales, and service use is allowed as a conditional use in the C-2 district. An automobile display, sales, and service business is not anticipated to have any more, and will have probably less, impact than many of these uses by right in the district could be anticipated to have. The applicant proposes a "well landscaped" project, and it promises to be an asset to the area. F. STAFF RECOMMENDATIONS: Staff recommends approval of the PCD, subject to an agreeable solution to the potential problem with a public address system. S B1IVI8T0 COMMITTEE COMMENT: (MARCH 3, 1994) Representatives of the applicant and the engineer were present. Mr. Dickson Flake, representing the owner, Mr. Dick Layton, the developer; representatives of General Motors; and Mr. Robert Brown, the engineer, were present. Staff presented the request. The Committee members reviewed with the applicant and the engineer the comments contained in the discussion outline. Mr. Brown responded that the items mentioned either had already been remedied, or that the needed corrections or submittals would be forthcoming. The Committee forwarded the item to the Commission for the public hearing. PL WING COMMISSIO ACTION: Chairperson Chachere explained that Addition Preliminary Plat), Item 16 PCD), and Item 25 (the rezoning of a Chenal Business Addition from 0-3 to together, but then would be voted on 4 (MARCH 22, 1994) Item 2 (Chenal Business (Dick Layton Buick Short -Form portion of the proposed C-2) would be discussed individually. March 22, 1994 UBDIVISION ITEM NO.: 1'6 (Continued) FILE NO.: Z-5803 Staff presented the various requests and reported that Ruth Bell, representing the League of Women Voters, had delivered a statement to staff outlining the League's concerns which she feels need to be addressed, and staff reported that a copy of the statement from Ms. Bell was at each Commissioners desk. David Jones, with Vogle Realty, introduced himself, and indicated that he was representing the interests of Dick Layton Buick in the hearing. He related that Dick Layton Buick had tried to make sure that the development was as sensitive as possible to the neighborhoods in the area; that, therefore, the deed restrictions imposed on the sale of the property will contain provisions which will prohibit: an adult book or adult video store; a night club or place of recreation or amusement; a car wash, except as an incidental use associated with the auto dealership; and, any business serving alcoholic beverages, except as an incidental use to a restaurant use. He explained that he and others involved in the project had met with the neighbors, that 12-15 had showed up and the meeting had lasted about 2 hours; and, that, as a result, the developer was prepared to make the following concessions: there would be no body shop constructed as part of the development; there would be no outdoor paging of employees; there would be no off-site parking of vehicles; there would be no off-street loading of vehicles being delivered; there would be no circus tents, flashing lights, search lights, pendents, or carnival -type promotions; test drive routs will be defined and will not run through the Timber Ridge neighborhood, and customers will be accompanied by sales representatives during test drives; and, site lighting will be directional and controlled to light only the site, and site lighting will be reduced after hours by two-thirds. Mr. Jones concluded with the statement that Dick Layton, at the meeting with neighbors, had committed to assist the Timber Ridge and Point West neighborhoods in the development of a neighborhood park. Robert Brown, with Development Consultants, the project engineer, presented the development scheme to the Commission. He reviewed with Commissioners the site plan, landscaping plan, the location of the various proposed activities, and the rendering showing the view of the project from the front. Mr. Jones added that the Dick Layton Buick and the rezoning issues are contractually interrelated, and one cannot proceed without the other. Dick Layton promised that he would not return to the Commission at a late time with requests for tents or banners. He reiterated that there would be no outside paging, and that the alarm system is a silent alarm, not an audible alarm. He explained that the University Ave. location will be retained and will be used for a storage lot for overflow vehicle storage from the new lot. k, March 22, 199.4 SUBDIVISION ITEM NO.: 16 (Continued) FILE NO.: Z-5803 Dickson Flake, representing the Catholic Diocese, explained that the Diocese had concerns in concluding the sale to Dick Layton Buick that the remaining C-2 land available could not be developed; that the remaining tract of C-2 land was too narrow and development would be difficult. The 0-3 area, on the other hand, was a large area. There was a need, then, to increase the C-2 area for development of that area to be workable. The change of a portion of the 0-3 area to C-2 would leave a 5 acre tract zoned 0-3, and would be 200 feet in depth along the Timber Ridge neighborhood. The advantage of the change to the Diocese would be that there would be adequate C-2 area to be marketable. The advantage to the neighborhood would be that the 0-3 area would be too small for a high rise development, necessitating a smaller office development scheme of no more than two -store office buildings. This would provide a good buffer along the neighborhood's boundary. Commissioner Oleson asked Mr. Flake if the Diocese would commit to that restriction of no more than two story office buildings. Mr. Flake responded that the Diocese would make that commitment. Mary Douglas introduced herself as a representative of the Timber Ridge, Gibralter Heights, and Point West subdivisions, and indicated that she had a prepared statement to read, which she then read. She related that she also had a map which shows the intensity of the commercial development in the area of the three neighborhoods, and explained that there was too much development making it too congested; that the area would not be a pleasant place to live in the future is development continued. She then asked that the item be deferred to give the neighborhood time to do further study on the effects of the proposed development on the neighborhoods. Mr. Jones responded that the site is already composed of 8 acres of C-2 land which would allow a major development to be constructed without rezoning. In such a case, traffic would be a great deal greater than it would with the current proposal. Dick Layton Buick would generate 60-70 vehicles per day; therefor, on 3 acres of the tract, traffic would be substantially decreased from what might be expected from C-2 zoned land. He said that the developer had met all requirements to notify the neighbors and to meet with them, and the developer does not want to delay the matter. The developer does not want another consultant brought in by the neighborhood "second-guessing" the design and choices already made. Commissioner Putnam, addressing Ms. Douglas, related that the area is currently zoned C-2, and there are about 100 uses that could go into the area without review or the property owners being notified or consulted. 0 March 22, 1994 SUBDIVISION ITEM NO.: 15 (Continued) FILE NO.: Z-5803 Deputy City Attorney Steve Giles advised the applicant and neighbors that there is approximately a month between the Commission hearing and the Board of Directors meeting, and that during this interim, further discussion could take place. Mr. Jones related that, if the item were recommended for approval, that, indeed, further discussion could continue, and that a meeting with the neighborhood and their consultant, George Wittenberg, could be held. Ms. Douglas indicted that she felt that there were questions remaining which needed clarification. Commissioner Nicholson responded that all the issues had been resolved and "signed -off" on by staff. Ms. Nicholson, addressing Ms. Douglas, said that the neighborhood was not sure that they were for or against the development, and that she would not support a request by the neighborhood for a deferral without specific reasons. She advised Ms. Douglas to meet with Mr. Wittenberg and develop specific requests which might be points of discussion with the developer, then to bring these to the developer for a response. Any further concessions or agreements could be addressed at the Board of Directors meeting. Ms. Nicholson then asked Ms. Douglas for a clarification as to who the letter which Ms. Douglas had read was from. Ms. Douglas explained that there was no neighborhood association; that the letter was from the group of residents who had been meeting and discussing the situation. Christi Phelps addressed the Commission. She said that the neighborhood has a good "confidence level" regarding the Dick Layton Buick proposal, but that they do not have a good "confidence level" regarding the rezoning issue. Relating to the rezoning issue, the neighborhood requests: a 150 foot deep open space strip abutting the Timber Ridge neighborhood; that there be permitted no access to Atkins Rd.; that a study be conducted to determine the effect of the change in zoning on the surrounding neighborhoods; and, a requirement be imposed which will provide for site plan review on any development in the rezoned area. Relating to the Dick Layton Buick, Ms. Phelps continued: that there be no access to Atkins Rd.; that there be no pole signs allowed; that parking for employees be restricted to on-site; that there be no unloading of the transport trucks from Atkins Rd., W. Markham St., or Chenal Parkway; that the alarm system be a silent alarm; that the dumpster be in an enclosure and that servicing be restricted to weekdays only and only after 8:30 A.M.; that there be no test driving allowed on Atkins Rd. or in the surrounding neighborhoods; that the dealership beIclosed-on Sundays; that there be no promotional activities allowed; that 7 March 22, 1994 SUBDIVISION " ITEM NO.: 16 (Continued) FIVE NO_: Z-5.80.3. there be no expansion of the dealership allowed onto adjacent property; that if the dealership were vacated, that notification and review by the neighborhoods be required; that lighting be controlled and directional; and that landscaping be with evergreen trees and scrubs. Mr. Layton responded that, in the years he had been in business, he had never been open on Sundays, but that he could not commit to such a restriction. Mr. Jones responded that most of the items had already been agreed to; others could not be agreed to, such as the restriction on the expansion of the dealership. Robert Brown discussed the location of the proposed signs, saying that the one sign along Chenal Parkway would conform to the "Design Overlay District" requirements, but that the sign which lies 300 feet to the west of Chenal Parkway on W. Markham St. would be a standard commercial sign. He explained that since the sign is over 300 feet from Chenal Parkway, that it was not proposed to conform to the "DOD" restrictions. Mr. Jones, returning to the discussion of the proposed rezoning, added that the request is for C-2 zoning, and that site plan review is required; therefore, the neighbors would have a chance to participate in site plan review hearings when the development continues. Commissioner Putnam asked Mr. Flake to comment further on the interrelatedness of the proposals. Mr. Flake explained that the approval of one request without the other would not permit the Dick Layton Buick proposal to continue. The Diocese could not conclude the sale without assurance that the remaining tract is marketable. Mr. Flake, continuing, said that, as well as restricting the development in the 0-3 area to 2 floors in height, he would also make the concession to provide for site plan review of the development within the 0-3 area. Art Kelly, saying that he was a resident of the Timber Ridge neighborhood, indicated that he supported the proposed development. A motion was made and seconded to approve Item #2, the preliminary plat for Chenal Business Addition. The motion carried with the vote of 10 ayes, 1 nay, 0 absent, and 0 abstentions. A motion was made and seconded to approve Item #16, the Dick Layton Buick Short -Form PCD. The motion carried with the vote of 11 ayes, 0 nays, 0 absent, and 0 abstentions. N3 March 22, 1994 SUBDIVISION ITEM NO.: 15 {Continued} FILE Nd.: Z-5803_ A motion was made and seconded to approve Item #25, the rezoning of a portion of the tact from 0-3 to C-2. The motion carried with the vote of 10 ayes, 1 nay, 0 absent, and 0 abstentions. D -2- A Preliminary Plat drawing is provided to initiate the subdivision process for the Lot 1 area. The remaining 13.13 acres are shown as "Reserved for Future Development by request of the owner. There are no specific plans to subdivide this area at this time and any future subdivision requirements will be addressed as the need arises. No new streets are proposed at this time and existing sewer and water services are available to Lot 1. The final element of this application involves a request to rezone + 3.29 acres, in the southern half of the subdivision area, from the existing 0-3, General Office classification to C-2, Shopping Center District. This area is outlined as indicated on the Preliminary Plat and retains the southern 200 feet of 0-3 zoned area, adjacent to the Timber Ridge Addition. The existing C-2 area is substantially reduced by the PCD application and the residual area becomes imbalanced for a reasonable width to depth ratio considering the need for larger C-2 lots. The 200 foot area of 0-3 property is retained to maintain a buffer of less intensive use and development, per staff recommendations. Variances requested include waiving any additional dedication of right-of-way and/or street improvements to Chenal Parkway. The site plan also indicates a 30 foot rear yard setback along part of the south boundary which is reduced from the typical 40 foot C-2 standard. These items are critical to the proposed PCD plan. In addition, the current owners of the property are strongly opposed to the taking of additional property pursuant to their original dedications and payments for road construction. This site plan should reflect the specific site development information required. Please contact my office immediately if you have any questions concerning this matter. We appreciate your assistance as always. Sincerely, De elopment Consultants, Inc. Ro rt M. rown Vice President CC: Mr. Dick Layton Mr. Dickson Flake rmb\104sims 1. Meeting Date: April 19, 1994 2. Case No.: Z-5803 3. Recruest: Establishment of DICK LAYTON BUICK SHORT -FORM PCD 4. Location: At the southwest corner of Chenal Parkway and West Markham Street, extending west to Atkins Road 5. Owner/AnDlicant: Dick Layton Buick 6. Existing Status: Vacant; Zoned C-2, Shopping Center District 7. Proposed Use: Auto display, sales, & service 8. Staff Recommendati n: Approval 9. Planning Commission Recommendation: Approval 10. Conditions or Issues Remaining to be Resolved: None 11. Right -of -Way Issues: None 12. Recommendation Forwarded with: A vote of 11 ayes, 0 nays, 0 absent, and 0 abstentions 13. Objectors: Mary Douglas; Christi Phelps 14. Neighborhood Plan: Ellis Mountain (18) ORDINANCE NO. AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A PLANNED COMMERCIAL DISTRICT TITLED DICK LAYTON SHORT -FORM PCD (Z-5803), AND LOCATED AT THE SOUTHWEST CORNER OF CHENAL PARKWAY AND W. MARKHAM STREET IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES. I BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS. SECTION 1. That the zone classification of the following described property be changed from C-2 to PCD. A parcel of land in Section 5, T -1-N, R -13-W, and located at the southwest corner of Chenal Parkway and W. Markham Street, Little Rock, Arkansas, being more particularly described as follows: Commencing at the southwest corner of the E 1/2 of the NE 1/4 of the said Section 5; thence S 86047'26" E, a distance of 29.90' to a point on the easterly R/W line of Atkins Rd.; thence N, along the said R/W line of Atkins Rd., a distance of 577.14' to a point and the true POB; thence N, along said R/W line of Atkins Rd., a distance of 178.00' to a point on the southerly R/W line of W. Markham St.; thence along the said R/W line of W. Markham St. the following courses and distances: S 87044'24" E a distance of 278.33' to a point; thence around a curve to the left through a central angle of 3004115911, an arc distance of 207.951, a radius of 388.101, and a chord bearing of N 76015103" E, a distance of 91.271, to a point on the Westerly R/W line of Chenal Parkway; thence along the said R/W line of Chenal Parkway the following courses and distances: S 54022'56" E, a distance of 97.86' to a point; thence around a curve to the right through a central angle of 08022'3911, an arc distance of 202.131, a radius of 1382.391, and a chord bearing of S 36024'39" E with a distance of 201.95' to a point; thence S 57046'51" W, a distance of 88.06' to a point; thence N 86047144" W, a distance of 334.98' to a point; thence S 48012116" W, a distance of 10.61' to a point; thence N 86047144" W, a distance of 350.00' to the POB, containing 3.31 acres, more or less. SECTION 2. That the preliminary site development plan/plat be approved as recommended by the Little Rock Planning Commission. SECTION 3. That the change in zoning classification contemplated for DICK LAYTON BUICK SHORT -FORM PCD is conditioned upon obtaining a final plan approval within the time specified by Chapter 36, Article VII, Section 36-454(d) of the Code of Ordinances. SECTION 4. That the map referred to in Chapter 36 of the Code of Ordinances of the City of Little Rock, Arkansas, and the designated district map be and it is hereby amended to the extent and in the respects necessary to affect and designate the change provided for in Section 1 hereof. SECTION 5. That this ORDINANCE shall take effect and be in full force upon final approval of the plan. PASSED: ATTEST: City Clerk APPROVED: Mayor -. Z_ NAME: DICK LAYTON BUICK -- SHORT -FORM PLANNED COMMERCIAL DEVELOPMENT LOCATION: At the southwest corner of Chenal Parkway and W. Markham Street, west to Atkins Road DEVELOPER: ROMAN CATHOLIC DIOCESE LITTLE ROCK c/o Dickson Flake 1200 First Commercial P. .O. Box 3546 Little Rock, AR 72203 372-6161 AREA: 3.31 ACRES ZONING: C-2 PLANNING DISTRICT: 18 CENSUS TRACT: 42.06 ENGINEER: OF Robert Brown DEVELOPMENT CONSULTANTS, INC. 10411 W. Markham St., Suite 210 Building Little Rock, AR 72205 221-72205 NUMBER OF LOTS: 1 FT. NEW STREET: 0 PROPOSED USES: Auto Display, Sales & Service VARIANCES REQUESTED: None TATEMENT OF PROPOSAL: The applicant proposes a PCD for the development of the Dick Layton Buick automobile display, sales, and service business. The proposal involves development of a 3.31 acres site which is currently zoned C-2, Shopping Center District. The proposed development site is Lot 1 of a preliminary plat being considered for approval as another item on the agenda. The PCD application proposes construction of a 19,340 square foot building to house the show room, offices and administration area, service area, and part area; and a 2,440 square foot sales office building. The proposed building coverage is 15.11% of the land area. Parking for 269 vehicles is planned, with a great majority of these being for display of vehicles. The main sales -service building is an inverted "V" shaped building, and the two end points are proposed to be located 33.1 feet from the south property line. Proposed signage is: a primary sign to be a pole mounted sign no greater than the standard sign regulations for free-standing commercial signs (i.e., 36 feet in height and 160 square feet of area); a monument sign which will conform to the standards set forth in the Design Overlay District for Chenal Parkway (i.e., 8 feet maximum in height and 100 square feet of area). FILE NO.: Z-5803 (Continued) No additional right-of-way dedication is proposed along Chenal Parkway. Construction of an additional traffic lane for Chenal Parkway is not proposed; however construction of a deceleration lane on Chenal Parkway to the entry drive off Chenal Parkway and the required sidewalk will be built. Master Street Plan improvements on W. Markham St. and on Atkins Rd. will be constructed. A. B. C. PROPOSAL/REQUEST: Review by the Planning Commission and approval by the Board' of Directors is requested for the establishment of a PCD for Dick Layton Buick. The applicant proposes a PCD for the display, sales, and 6ervice of automobiles. The project involves construction of a 19,340 square foot showroom - office and administration -service -parts building, and a 2,400 sales office building. Parking for 269 vehicles is proposed. Drive entrances off Chenal Parkway, W. Markham St. and Atkins Road are requested. The drive off Chenal Parkway is a right turn only commercial entry. A decelerating lane from the W. Markham St. intersection to this entry off Chenal Parkway will be constructed. Master Street Plan improvements involving construction of one-half of W. Markham St. from the existing improvements which meet standards westward to Atkins Rd. are proposed. Master Street Plan improvements involving construction of one-half of Atkins Rd. are proposed. Sidewalks will be constructed along all three street frontages. The proposed signage is in conformance with the Regulations; no variance from these Regulations is anticipated. Waivers from the requirement to provide additional right-of-way along Chenal Parkway and construction of a full additional traffic lane are requested. EXISTING CONDITIONS: The site is undeveloped and wooded. The site has about a 16 foot difference in topography across it, with the low point being at the northeast corner of the tract. The existing zoning of the site is existing C-2 zoning district along Property to the north and east is zoned O-3. ENGINEERING/UTILITY COMMENTS: C=2. There is an the south property line. zoned C-3; to the west is Engineering reports that the Ordinance will require dedication of 10 feet of additional right-of-way along Chenal Parkway and the construction of an additional traffic lane. Master Street Plan improvements must be constructed along W. Markham St. and on Atkins Rd. The Stormwater Detention and Excavation Ordinances will apply. FILE NO.: Z-5893 (Continued) L9 E. Water Works reports that the on-site line will be a private fire service line. The -main in W. Markham St. is a 20" main. Water Work recommends the installation of a main on the westerly side of Chenal Parkway across this property. The fire service could be taken off of this main. A main would be in place across this property to serve the property to the south. It appears that an extension at that point eliminates the need for a main crossing W. Markham St. Wastewater reports that the sewer easement shown must match the location of the existing 101, sewer main shown on the plat. P 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 average full buffer width required along Chenal Parkway is 34 feet. The minimum average requirement with transfers is 23 feet. Some of the proposed areas for car display from the property line along W. Markham St. is less than the 20 foot setback required in the areas zoned for outdoor display. ISSUESILEGAL LTECHNICAL/DESIGN: An issue has not been addressed concerning any proposed - public address system to be installed on the site. With the proximity of residential and office uses, amplified sound could be a nuisance. All deficiencies have been addressed and all information requested at the Subdivision Committee meeting have been provided. There are no outstanding issues to be resolved except for the matter of a public address system. The Planning staff reports that the site is in the Ellis Mountain District, and the Land Use Plan recommends commercial use for the site. Another C-4, Open Display District, use on Chenal Parkway will have a significant impact on the area in terms of signage, traffic, etc. ANALYSIS: The existing zoning of the site is C-2, Shopping Center District. Uses such as churches; eating places with and without drive-in service; hardware or sporting goods stores; home centers; hotels or motels; lawn and garden centers; a private club with dining or bar service; a business school; a service station; theaters; etc. are allowed by right in 3 FILE NO.: Z-5803 Continued this zoning district. An automobile display, sales, and service use is allowed as a conditional use in the C-2 district. An automobile display, sales, and service business is not anticipated to have any more, and will have probably less, impact than many of these uses by right in the district could be anticipated to have. The applicant proposes a "well landscaped" project, and it promises to be an asset to the area. F. STAFF RECOMMENDATIONS: Staff recommends approval of the PCD, subject to an agreeable solution to the potential problem with a public address system. SUBDIVISION COMMITTEE COMMENT: (MARCH 3, 1994) Representatives of the applicant and the engineer were present. Mr. Dickson Flake, representing the owner; Mr. Dick Layton, the developer; representatives of General Motors; and Mr. Robert Brown, the engineer, were present. Staff presented the request. The Committee members reviewed with the applicant and the engineer the comments contained in the discussion outline. Mr. Brown responded that the items mentioned either had already been remedied, or that the needed corrections or submittals would be forthcoming. The Committee forwarded the item to the Commission for the public hearing. PLANNING COMMISSION ACTION: (MARCH 22, 1994) Chairperson Chachere explained that Item 2 (Chenal Business Addition Preliminary Plat), Item 16 (Dick Layton Buick Short -Form PCD), and Item 25 (the rezoning of a portion of the proposed Chenal Business Addition from 0-3 to C-2) would be discussed together, but then would be voted on individually. Staff presented the various requests and reported that Ruth Bell, representing the League of Women Voters, had delivered a statement to staff outlining the League's concerns which she feels need to be addressed, and staff reported that a copy of the statement from Ms. Bell was at each Commissioners desk. David Jones, with Vogle Realty, introduced himself, and indicated that he was representing the interests of Dick Layton Buick in the hearing. He related that Dick Layton Buick had tried to make sure that the development was as sensitive as possible to the neighborhoods in the area; that, therefore, the deed restrictions imposed on the sale of the property will contain provisions which will prohibit: an adult book or adult video store; a night club or place of recreation or amusement; a car wash, except as an 4 FILE NO.: Z-5803 (Continued) incidental use associated with the auto dealership; and, any business serving alcoholic beverages, except as an incidental use to a restaurant use. He explained that he and others involved in the project had met with the neighbors, that 12-15 had showed up and the meeting had lasted about 2 hours; and, that, as a result, the developer was prepared to make the following concessions: there would be no body shop constructed as part of the development; there would be no outdoor paging of employees; there would be no off-site parking of vehicles; there would be no off-street loading of vehicles being delivered; there would be no circus tents, flashing lights, search lights, pendents, or carnival -type promotions; test drive routs will be defined and will not run through the Timber Ridge neighborhood, and customers will be accompanied by sales representatives during test drives; and, site lighting will be directional and controlled to light only the site, and site lighting will be reduced after hours by two-thirds. Mr. Jones concluded with the statement that Dick Layton, at the meeting with neighbors, had committed to assist the Timber Ridge and Point West neighborhoods in the development of a neighborhood park. Robert Brown, with Development Consultants, the project engineer, presented the development scheme to the Commission. He reviewed with Commissioners the site plan, landscaping plan, the location of the various proposed activities, and the rendering showing the view of the project from the front. Mr. Jones added that the Dick Layton Buick and the rezoning issues are contractually interrelated, and one cannot proceed without the other. Dick Layton promised that he would not return to the Commission at a late time with requests for tents or banners. He reiterated that there would be no outside paging, and that the alarm system is a silent alarm, not an audible alarm. He explained that the University Ave. location will be retained and will be used for a storage lot for overflow vehicle storage from the new lot. Dickson Flake, representing the Catholic Diocese, explained that the Diocese had concerns in concluding the sale to Dick Layton Buick that the remaining C-2 land available could not be developed; that the remaining tract of C-2 land was too narrow and development would be difficult. The 0-3 area, on the other hand, was a large area. There was a need, then, to increase the C-2 area for development of that area to be workable. The change of a portion of the 0-3 area to C-2 would leave a 5 acre tract zoned 0-3, and would be 200 feet in depth along the Timber Ridge neighborhood. The advantage of the change to the Diocese would be that there would be adequate C-2 area to be marketable. The advantage to the neighborhood would be that the 0-3 area would be too small for a high rise development, necessitating a smaller office development scheme of no more than two -store office buildings. This would provide a good buffer along the neighborhood's boundary. 5 FILE NO.: Z-5803 (Con in d Commissioner Oleson asked Mr. Flake if the Diocese would commit to that restriction of no more than two story office buildings. Mr. Flake responded that the Diocese would make that commitment. Mary Douglas introduced herself as a representative of the Timber Ridge, Gibralter Heights, and Point west subdivisions, and indicated that she had a prepared statement to read, which she then read. She related that she also had a map which shows the intensity of the commercial development in the area of the three, neighborhoods, and explained that there was too much development making it too congested; that the area would not be a pleasant place to live in the future is development continued. She then asked that the item be deferred to give the neighborhood time to do further study on the effects of the proposed development on the neighborhoods. Mr. Jones responded that the site is already composed of 8 acres of C-2 land which would allow a major development to be constructed without rezoning. In such a case, traffic would be a great deal greater than it would with the current proposal. Dick Layton Buick would generate 60-70 vehicles per day; therefor, on 3 acres of the tract, traffic would be substantially decreased from what might be expected from C-2 zoned land. He said that the developer had met all requirements to notify the neighbors and to meet with them, and the developer does not want to delay the matter. The developer does not want another consultant brought in by the neighborhood "second-guessing" the design and choices already made. Commissioner Putnam, addressing Ms. Douglas, related that the area is currently zoned C-2, and there are about 100 uses that could go into the area without review or the property owners being notified or consulted. Deputy City Attorney Steve Giles advised the applicant and neighbors that there is approximately a month between the Commission hearing and the Board of Directors meeting, and that during this interim, further discussion could take place. Mr. Jones related that, if the item were recommended for approval, that, indeed, further discussion could continue, and that a meeting with the neighborhood and their consultant, George Wittenberg, could be held. Ms. Douglas indicted that she felt that there were questions remaining which needed clarification. Commissioner Nicholson responded that all the issues had been resolved and "signed -off" on by staff. Ms. Nicholson, addressing Ms. Douglas, said that the neighborhood was not sure that they were for or against the development, and that she would not 6 FILE NO.: Z-5803 (Continued) support a request by the neighborhood for a deferral without specific reasons. She advised Ms. Douglas to meet with Mr. Wittenberg and develop specific requests which might be points of discussion with the developer, then to bring these to the developer for a response. Any further concessions or agreements could be addressed at the Board of Directors meeting. Ms. Nicholson then asked Ms. Douglas for a clarification as to who the letter which Ms. Douglas had read was from. Ms. Douglas explained that there was no neighborhood association; that the letter was from the group of residents who had been meeting and discussing the situation. Christi Phelps addressed the Commission. She said that the neighborhood has a good "confidence level" regarding the Dick Layton Buick proposal, but that they do not have a good "confidence level" regarding the rezoning issue. Relating to the rezoning issue, the neighborhood requests: a 150 foot deep open space strip abutting the Timber Ridge neighborhood; that there be permitted no access to Atkins Rd.; that a study be conducted to determine the effect of the change in zoning on the surrounding neighborhoods; and, a requirement be imposed which will provide for site plan review on any development in the rezoned area. Relating to the Dick Layton Buick, Ms. Phelps continued: that there be no access to Atkins Rd.; that there be no pole signs allowed; that parking for employees be restricted to on-site; that there be no unloading of the transport trucks from Atkins Rd., W. Markham St., or Chenal Parkway; that the alarm system be a silent alarm; that the dumpster be in an enclosure and that servicing be restricted to weekdays only and only after 8:30 A.M.; that there be no test driving allowed on Atkins Rd. or in the surrounding neighborhoods; that the dealership be closed on Sundays; that there be no promotional activities allowed; that there be no expansion of the dealership allowed onto adjacent property; that if the dealership were vacated, that notification and review by the neighborhoods be required; that lighting be controlled and directional; and that landscaping be with evergreen trees and scrubs. Mr. Layton responded that, in the years he had been in business, he had never been open on Sundays, but that he could not commit to such a restriction. Mr. Jones responded that most of the items had already been agreed to; others could not be agreed to, such as the restriction on the expansion of the dealership. Robert Brown discussed the location of the proposed signs, saying that the one sign along Chenal Parkway would conform to the "Design Overlay District" requirements, but that the sign which lies 300 feet to the west of Chenal Parkway on W. Markham St. would be a standard commercial sign. He explained that since the sign is over 300 feet from Chenal Parkway, that it was not proposed to conform to the "DOD" restrictions. 7 FILE NO.: Z-5803 Continued Mr. Jones, returning to the discussion of the proposed rezoning, added that the request is for C-2 zoning, and that site plan review is required; therefore, the neighbors would have a chance to participate in site plan review hearings when the development continues. Commissioner Putnam asked Mr. Flake to comment further on the interrelatedness of the proposals. Mr. Flake explained that the approval of one request without the other would not permit the Dick Layton Buick proposal to continue. The Diocese could not conclude the sale without assurance that the remaining tract is marketable. Mr. Flake, continuing, said that, as well as restricting the development in the 0-3 area to 2 floors in height, he would also make the concession to provide for site plan review of the development within the 0-3 area. Art Kelly, saying that he was a resident of the Timber Ridge neighborhood, indicated that he supported the proposed development. A motion was made and seconded to approve Item #2, the preliminary plat for Chenal Business Addition. The motion carried with the vote of 10 ayes, 1 nay, 0 absent, and 0 abstentions. A motion was made and seconded to approve Item #16, the Dick Layton Buick Short -Form PCD. The motion carried with the vote of 11 ayes, 0 nays, 0 absent, and 0 abstentions. A motion was made and seconded to approve Item #25, the rezoning of a portion of the tact from 0-3 to C-2. The motion carried with the vote of 10 ayes, 1 nay, 0 absent, and 0 abstentions. R1