HomeMy WebLinkAboutZ-5817-B Staff AnalysisITEM NO.: 11. Z -5817-B
NAME: Magnolia Terrace Addition Revised Short -form POD
LOCATION: located at 15100 and 15104 Cantrell Road
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 notice must be mailed no later than April 6, 2011. The Office of
Planning and Development must receive the proof of notice no later than April 15,
2011.
2. The Highway 10 DOD typically requires the placement of a 25 -foot side and rear
yard landscape strip and a 40 -foot front yard landscape strip. The drive located
between Lots 1 and 2 extends into the required rear yard landscape strip.
3. The Highway 10 DOD typically requires the placement of a 40 -foot rear yard building
setback, 30 -foot side yard setbacks and a 100 -foot front yard setback. The previous
approved plan allowed for the rear yard building setback to be reduced to 25 -feet.
4. Commercial development signage is limited to a single monument style sign not to
exceed six feet in height and seventy-two square feet in area. Building signage is
limited to a maximum of ten percent of the facade area abutting the public street.
Provide the dimension for the indicated ground signage on the site plan.
5. All site lighting is to be low level and directional, directed downward and into the site.
6. The request includes the allowance of buildings located on Lots 2 and 3 with entirely
retail uses. 5,472 and 5,625 square feet — 11,097 total commercial and 11,840 total
office.
7. The previous approval allowed the allowance of ten percent of the total office square
footage as an accessory use as identified in the 0-3, General Office Zoning District.
Is this continued with the current request? If the site were to development with the
maximum percentage of accessory uses as allowed in the 0-3, General Office
zoning district the site would no longer meet the percentage requirement for a POD.
8. The request includes the allowance of C-1, Neighborhood Commercial uses as
allowable uses for the site. This zoning district allows for eating place inside as an
allowable use. The site plan indicates 17 parking spaces with an additional 9 should
the additional parking be warranted. An eating place with 5,625 square feet requires
the placement of 56 parking spaces.
9. The request includes the addition of a lot located along the eastern perimeter
containing 0.61 acres. The overlay typically requires a minimum lot size of 2.0
acres. The previous approval in this area allow for the placement of two buildings on
a single lot.
10. Deliveries of commercial stock are proposed in the evening hours to avoid high
traffic volumes on Cantrell Road. What time is anticipated for deliveries?
Variance/Waivers: None requested.
Item #,&. k\
Public Works Conditions: . I '
1. Sidewalks with appropriate handicap ramps are required on both sides of the shared
access easement between Lots 1 and 2 in accordance with Section 31-175 of the
Little Rock Code and the Master Street Plan.
2. Obtain permits for improvements within State Highway right-of-way from AHTD,
District VI.
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. Is a variance being requested to advance grade any
lot(s) with construction on at least one (1) lot?
4. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-
of-way prior to occupancy.
5. Stormwater detention ordinance applies to this property. Show the proposed
location for stormwater detention facilities on the plan.
6. Driveway locations and widths do not meet the traffic access and circulation
requirements of Sections 30-43 and 31-210. The width of driveway must not exceed
36 -feet. A variance must be requested for the proposed driveway spacing. City
code requires a spacing of 300 -feet on principal arterial streets.
7. The landscape median on Lot 2 of the property to the east should be lengthened to
create more defined driveways of approximately 25 -feet in width. The ends of the
landscape median should be extended to the east to protect parking spaces and
channelize the traffic flow.
8. If disturbed area 'is one (1) or more acres, obtain a NPDES stormwater permit from
the Arkansas Department of Environmental Quality prior to the start of construction.
9. Driveway improvement plans shall include signage and striping. Traffic Engineering
must approve completed plans prior to construction.
10. Retaining walls designed to exceed 15 -feet in height are required to seek a variance
for construction. Provide proposed wall elevations.
11. Prior to construction of retaining walls, an engineer's certification of design and plans
must be submitted to Public Works for approval. After construction, an as -built
certification is required for construction of the retaining wall.
12. Provide a letter prepared by a registered engineer certifying the sight distance at the
intersections comply with 2004 AASHTO Green Book standards.
13.A landscape median should be provided adjacent to the east side of the parking
spaces on Lot 1 nearest to the proposed building.
14. Vehicle back up areas from parking spaces should be provided on Lots 1 and 3.
Utilities and Fire Department/County Planning:
Wastewater: Sewer main extension required with easements for Lot 3B, if needed.
Contact Little Rock Wastewater Utility for additional information.
Entergy: No comment received.
Center -Point Enerr_q : No comment received.
AT & T: No comment received.
Item # 9'. kq�`
Central Arkansas Water: All Central Arkansas Water requirements in effect at the time
of request for water service must be met. The Little Rock Fire Department needs to
evaluate this site to determine whether additional public and/or private fire hydrant(s)
are required. If additional fire hydrant(s) are required, they will be installed at the
Developer's expense. Submit plans for water facilities and/or fire projection system to
Central Arkansas Water for review. Plan revisions may be required after additional
review. Approval of plans by Central Arkansas Water, the Arkansas Department of
Health Engineering Division and the Little Rock Fire Department is required. Contact
Central Arkansas Water regarding the size and location of the water meter. A Capital
Investment Charge based on the size of the meter connect(s) will apply to this project in
addition to normal charges. This fee will apply to all connections including metered
connections off the private fire system. Due to the nature of this facility, installation of
an approved reduced pressure zone backflow preventer assembly (RPZ) is required on
the domestic water service. This assembly must be installed prior to the first point of
use. Central Arkansas Water requires that upon installation of the RPZA, successful
tests of the assembly must be completed by a Certified Assembly Tester licensed by the
State of Arkansas and approved by CAW's Cross Connection Section within ten (10)
days of installation and annually thereafter. Contact the Cross Connection Section at
377-1226 if you would like to discuss backflow prevention requirements for this project.
Fire Department: Place fire hydrants per code. Contact the Little Rock Fire
Department for additional information.
County Planning: No comment.
CATA: Approved as submitted. The site is located on CATA Bus Route #25, the
Highway 10 Express Route.
Parks and Recreation: No comment.
Planning Division: This request is located in the River Mountain Planning District. The
Land Use Plan shows Suburban Office for this property. The applicant has requested to
revise the previously approved Planned Office Development to allow a revision to the
allowed square footage within the buildings on the site and to add additional retail uses
as allowed uses to the site.
Master Street Plan: Cantrell Road is a Principal Arterial. The primary
Principal Arterial is to serve through traffic and to connect major traffic
activity centers within urbanized areas. Entrances and exits should
minimize negative effects of traffic and pedestrians
Principal Arterial. This street may require dedication
street improvements for entrances and exits to the site.
on Cantrell Road
of right-of-way
Bicycle Plan: There are no bike routes shown in the immediate vicinity.
Landscape:
function of a
generators or
be limited to
since it is a
and may require
Item #A&�`
1. Site plan must comply with the City's` minimal. landscape and buffer ordinance
requirements.
2. Site is located within the Highway 10 Overlay District and must comply with all the
standards set forth.
3. It appears some of the driveways are located within the forty -foot (40') wide
landscape buffer required along Cantrell Road; eliminating a portion of the required
buffer.
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, April 6, 2011.
Item # `\
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ILE NO.: Z -5817-B
NAME: Magnolia Terrace Addition Short -form POD
LOCATION: Located at 15100 and 15120 Cantrell Road
DEVELOPER:
Battery Outfitters
HWY 86
Golden, MO 65658
ENGINEER:
William Dean, PE
209 Roya Lane
Bryant, AR 72022
AREA: 4.06 acres NUMBER OF LOTS: 4 FT. NEW STREET: 0 LF
CURRENT ZONING: Expired POD
ALLOWED USES: No uses are allowed due to the expiration of the POD zoning —
Underlying zoning is R-2, Single-family — Staff has initiated a revocation of the POD
zoning - item 8 Case File No. Z -5817-D
PROPOSED ZONING: POD
PROPOSED USE: 0-3, General Office District and C-1, Neighborhood Commercial
District uses
VARIANCESIWAIVERS REQUESTED: None requested.
BACKGROUND:
Ordinance No. 16,690 adopted by the Little Rock Board of Directors on June 7, 1994,
established South Hills Terrace Addition Short -form POD, for a portion of this site
containing 1.27 acres. Ordinance No. 16,691 allowed for a deferral of the required
sidewalk, the required detention and the front yard landscaping for three years or to
within sixty days of completion of the sewer main which was proposed for constructed
along the Highway 10 frontage of the property. The proposal included (Phase 1) the
utilization of an existing residential structure located at the rear of the site as an office
use for a civil engineering company and 0-thLise 11) was to consist of the construction of
FILE NO.: Z -5817-B Cont.
a second office building (5,080 square feet) at the front of the property. The Phase
proposal included the remodeling of the existing structure and the utilization of the
existing 12 -foot driveway. The Phase II portion included the abandonment of the
existing driveway, closure of the existing curb cut, and construction of a new driveway
and curb cut. The new curb cut was to be 24 -feet. A new septic system was proposed
on the site with connection to city sewer when service became available. The applicant
indicated upon availability of sewer service Phase II would be initiated.
Ordinance No. 18,211 adopted by the Little Rock Board of Directors on February 15,
2000, established the Childress Short -form POD on property adjacent to the east
containing 1.5 acres. The site contained a 9,400 square foot, two-story brick building
which was previously used as a non -conforming photography studio. The applicant
proposed the rezoning to allow redevelopment of the site with building and parking lot
additions. The applicant proposed 0-1, Quiet Office District uses as allowable uses for
the site. The applicant proposed a two phased development for the property: Phase
included the construction of an asphalt drive extending from Cantrell Road, construction
of 24 parking spaces on the south side of the existing building, dumpster location, use
of the exiting building for 0-1 permitted uses. Phase II was to consist of the
construction of an 8,000 square foot addition to the existing building, extend the
driveway along the east side of the building, construction of 32 additional parking
spaces on the north side of the building, relocation of the dumpster area. The applicant
noted a single sign would be placed near the entrance to the property, which would
conform to the Highway 10 Design Overlay Standards.
An application was filed for Lots 2 and 3 of the Boydston Subdivision to rezone the
property from R-2, Single-family to C-3, General Commercial District. The area is
located west of the South Hills Terrace Addition POD. The request was withdrawn prior
to the legal ad being placed for the June 11, 1985, Planning Commission Public
Hearing.
Ordinance No. 18,564 adopted by the Little Rock Board of Directors on September 18,
2001, rezoned Lots 1, 2 and 3 of the Boydston Subdivision from R-2, Single-family to
POD. The POD zoning approval was revoked by the Board of Directors on April 20,
2004, by the adoption of Ordinance No. 19,085 restoring the previously held R-2,
Single-family zoning classification. The property contained 1.29 acres.
Ordinance No. 19,506 adopted by the Little Rock Board of Directors on March 21, 2006,
rezoned two previously approved POD's and expanded the area to property located to
the west of the POD zoned property (the expanded area was zoned R-2, Single-family)
to POD to allow the development of four buildings containing on three lots. 0-3,
General Office District uses were approved as allowable uses for the site. The approval
did allow the placement of ten percent of the total gross floor area as an accessory use
as identified in the 0-3, General Office Zoning District. The lots ranged in size from
1.18 acres to 1.53 acres. The construction of a single story building was proposed for
Lots1 and 2 and Lot 3 was proposed with two buildings, a single -story building and a
two level building utilizing the slope of the site. The building located on Lot 1 contained
9,000 square feet. The building on Lot 2 contained 12,604 square feet and the building
2
FILE NO.: Z -5817-B Gant.
on Lot 3 contained a 3,000 square foot building and a 12,000 square foot building. The
overall development plan was in compliance with the Highway 10 Design Overlay
District with the exception of the rear yard setback which was approved with a 25 -foot
setback (40 -feet typically required per the DOD). The dumpster service hours were
limited to 7 am to 7 pm.
A. APPLICANT'S STATEMENT:
The applicant is requesting to rezone the property to POD to allow additional
retail uses to locate within the development. The property was approved in 2006
as a Planned Office Development consisting of three lots and four structures.
The approval allowed for the construction of buildings ranging in size from
3,000 square feet to 19,000 square feet. The approved uses for the site were
those listed in the 0-3, General Office Zoning District with the allowance of ten
(10) percent of the total gross square footage with the accessory uses identified
in the 0-3, General Office Zoning District.
According to the applicant development and marketing efforts on the approved
buildings for use as large executive office suites have proved unsuccessful over
the five years since approval of the 2006 plan. The applicant states other
successful developments in the area since 2006 have included redevelopment of
lots to accommodate single -occupancy, owner -occupied offices, small -space,
lease -office buildings and multiple -use commercial/office use developments
anchored by a commercial component.
The proposed plan is designed to provide smaller buildings, less parking space,
and more open/green space compared to the previously approved plan. In short,
the current proposal represents a much less intense use of the property. In
addition, the current proposal is for a mixed office/commercial development
similar to other successful development projects approved for the area.
Lot 1 is to remain as suburban office with 0-3, General Office District uses as
previously approved. The building is proposed as a single story building
containing 8,000 square feet. Lot 2 is proposed for use by Battery Outfitters,
which is a light retail consumer battery outlet. The building is proposed
containing 5, 472 square feet. Lot 3 is proposed to be replatted into two lots,
3A and 3B. Lot 3B will remain as an office use with 0-3, General Office District
uses as previously approved. The building located on Lot 3A is proposed
containing 5,625 square feet and is proposed for commercial use as defined in
the C-1, Neighborhood Commercial zoning district. The building located on Lot
3B is proposed containing 3,840 square feet.
The proposed use of Lot 2 by Battery Outfitters will provide a much less intense
site use than previously approved. Business hours will be daytime only
(8:00 AM -- 5:00 PM), six days per week. The business will have approximately
4-6 employees and can be considered light retail in volume. Restock freight
deliveries will average from 1 to 3 per month. Stock delivery times will be
3
E NO.: Z-5817-13 Cont.
scheduled for evening and nighttime arrivals to avoid high traffic periods on
Cantrell Road and pose minimal disturbance to other neighborhood properties.
Proposed commercial uses for Lot 3A will be similarly limited to light retail uses
listed as approved uses under C-1 zoning district which include but are not
limited to cellular phone service outlet, drugstore, florist/gift shop, jewelry store,
hobby shop, pet store, tool and equipment rental with no outside display, dance
studio, optics shop, clothing store, and camera shop. The Lot 3A building is
proposed for a single user or multiple users in the C-1 zoning district. Lot 3A is
currently proposed to have seventeen (17) parking spaces but could
accommodate an additional nine (9) spaces if warranted by the specific use(s) to
occupy the building.
The current request will decrease the total building square footage by 44 percent,
decrease parking spaces by 43 percent and increase open/green space by over
5,860 square feet from the March 21, 2006, approval. The proposed open/green
spaces total 88,054 square feet or approximately 50 percent of the total
development area.
B. EXISTING CONDITIONS:
The site is vacant. The former driveway locations are still in place. There is
undeveloped property located immediately north of the site and there is a
single-family residence located immediately west of the site adjacent to Rummell
Road. To the east of the site is a branch bank facility and medical office uses.
Further west is a drive-through restaurant and vacant commercially and office
zoned property. There are single-family residences in the Westchester
Subdivision located across Cantrell Road to the south and southwest. An office
use, a pet grooming/boarding facility and a private school are located to the
southeast.
Cantrell Road is a five lane roadway with curb and gutter in place. There is no
sidewalk located adjacent to the sites being proposed for rezoning. There is a
sidewalk located immediately east of the site in front of the branch bank facility.
C. NEIGHBORHOOD COMMENTS;
As of this writing, staff has received a number of phone calls and letters from
area property owners. All property owners located within 200 feet of the site, all
residents, who could be identified, located within 300 feet of the site, the Pinnacle
Valley Neighborhood Association, the Westchester/Heatherbare Property
Owners Association and the Tulley Cove Property Owners Association were
notified of the public hearing.
9
FILE NO.: Z -5817-B Cont.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Sidewalks with appropriate handicap ramps are required on both sides of
the shared access easement between Lots 1 and 2 in accordance with
Section 31-175 of the Little Rock Code and the Master Street Plan.
2. Obtain permits for improvements within State Highway right-of-way from
AHTD, District VI.
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.
4. Repair or replace any curb and gutter or sidewalk that is damaged in the
public right-of-way prior to occupancy.
5. Stormwater detention ordinance applies to this property. Show the
proposed location for stormwater detention facilities on the plan.
6. Driveway locations and widths do not meet the traffic access and circulation
requirements of Sections 30-43 and 31-210. The width of driveway must
not exceed 36 -feet. A variance must be requested for the proposed
driveway spacing. City code requires a spacing of 300 -feet on principal
arterial streets.
7. The landscape median on Lot 2 of the property to the east should be
lengthened to create more defined driveways of approximately 25 -feet in
width. The ends of the landscape median should be extended to the east to
protect parking spaces and channelize the traffic flow.
8. If disturbed area is one (1) or more acres, obtain a NPDES stormwater
permit from the Arkansas Department of Environmental Quality prior to the
start of construction.
9. Driveway improvement plans shall include signage and striping. Traffic
Engineering must approve completed plans prior to construction.
10. Retaining walls designed to exceed 15 -feet in height are required to seek a
variance for construction. Provide proposed wall elevations.
11. Prior to construction of retaining walls, an engineer's certification of design
and plans must be submitted to Public VVorks for approval. After
construction, an as -built certification is required for construction of the
retaining wall.
12. Provide a letter prepared by a registered engineer certifying the sight
distance at the intersections comply with 2004 AASHTO Green Book
standards.
13. A landscape median should be provided adjacent to the east side of the
parking spaces on Lot 1 nearest to the proposed building.
5
FILE NO.; Z -5817-B Cont.
14. Vehicle back up areas from parking spaces should be provided on Lots 1
and 3.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer main extension required with easements for Lot 3B, if
needed. Contact Little Rock Wastewater Utility for additional information.
Enter : No comment received.
Center -Point Ener Approved as submitted.
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. The Little Rock Fire
Department needs to evaluate this site to determine whether additional public
and/or private fire hydrant(s) are required. If additional fire hydrant(s) are
required, they will be installed at the Developer's expense. Submit plans for
water facilities and/or fire projection system to Central Arkansas Water for
review. Plan revisions may be required after additional review. Approval of
plans by Central Arkansas Water, the Arkansas Department of Health
Engineering Division and the Little Rock Fire Department is required. Contact
Central Arkansas Water regarding the size and location of the water meter. A
Capital Investment Charge based on the size of the meter connect(s) will apply to
this project in addition to normal charges. This fee will apply to all connections
including metered connections off the private fire system. Due to the nature of
this facility, installation of an approved reduced pressure zone backflow
preventer assembly (RPZ) is required on the domestic water service. This
assembly must be installed prior to the first point of use. Central Arkansas Water
requires that upon installation of the RPZA, successful tests of the assembly
must be completed by a Certified Assembly Tester licensed by the State of
Arkansas and approved by CAW's Cross Connection Section within ten (10)
days of installation and annually thereafter. Contact the Cross Connection
Section at 377-1226 if you would like to discuss backflow prevention
requirements for this project.
Fire Department: Place fire hydrants per code. Contact the Little Rock Fire
Department for additional information.
Count Plannin : No comment.
CATA: Approved as submitted. The site is located on CATA Bus Route #25, the
Highway 10 Express Route.
Parks and Recreation: No comment.
A
FILE NO.: Z -5817-B Cont.
F. ISSUESITECHNICALIDESIGN:
Planning Division. This request is located in the River Mountain Planning
District. The Land Use Plan shows Suburban Office for this property. The
applicant has requested to revise the previously approved Planned Office
Development to allow a revision to the allowed square footage within the
buildings on the site and to add additional retail uses as allowed uses to the site.
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 Road
since it is a Principal Arterial. This street may require dedication of right-of-way
and may require street improvements for entrances and exits to the site.
Bicycle Plan: There are no bike routes shown in the immediate vicinity.
Landscape:
1. Site plan must comply with the City's landscape and buffer ordinance
requirements.
2. Site is located within the Highway 10 Overlay District and must comply with all
the standards set forth unless otherwise approved by the Planning
Commission and Board of Directors.
G_ SUBDIVISION COMMITTEE COMMENT: (March 31, 2011)
Mr. Bill Dean was present representing the request. Staff presented an overview
of the development stating the request was an amendment to the previously
approved POD to add additional retail as allowable uses for the site. Mr. Dean
stated the market was different than when the POD was approved. He stated the
success stories along Cantrell Road were office developments anchored with
retail.
Staff requested Mr. Dean provide additional information concerning the proposed
use mix of the development. Staff questioned if the ten (10) percent accessory
uses was still being requested for the office portion of the development. Staff
stated if this was the case then the development would potentially exceed the
allowable square footage of office verses commercial. Staff questioned the
square footage of the proposed signage. Staff stated all site lighting was to be
low level and directional, directed downward and into the site.
Public Works comments were addressed. Staff stated sidewalks were required
with the proposed development. Staff stated the driveway widths exceeded the
maximum allowed per City ordinance. Staff stated any retaining walls would
require an engineering certification prior to construction and an as built survey
upon completion.
7
FILE NO.: Z -5817-B Cont.
Landscape comments were addressed. Staff stated the driveway as indicated
between Lots 1 and 2 extended into the 25 -foot landscape strip as required by
the Highway 10 Design Overlay District. Staff stated the driveway along Cantrell
Road was located within the front 40 -foot required landscape strip.
Staff noted comments from the other reporting departments and agencies
suggesting the applicant contact them individually for additional clarification.
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 and cover letter to staff addressing
the issues raised at the March 31, 2011, Subdivision Committee meeting. The
revised plan indicates there will not be commercial uses allowed within the office
portion of the development. The applicant has also indicated signage will comply
with signage allowed per the Highway 10 Design Overlay District. The applicant
has indicated the driveway widths will comply with City ordinance standards.
The request is to rezone the site from an expired POD zoning classification to
POD to allow the addition of retail as an allowable use for stand alone building on
the site and create an additional lot within the development. As with the expired
March 21, 2006, POD site plan Lot 1 will remain as suburban office with 0-3,
General Office District uses with the elimination of the allowance of ten (10)
percent of the total square footage as accessory uses in the 0-3, General Office
Zoning District. The building is proposed as a single story building containing
8,000 square feet. The current site plan indicates the placement of thirty-one
(31) parking spaces on Lot 1. The hours of operation for the office development
will be from 7 am to 7 pm daily.
Lot 2 is proposed as a specific retail use, Battery Outfitters. The building is
proposed containing 5,472 square feet. There are twenty-four (24) parking
spaces proposed. Along the western perimeter of this lot there is a drive
extending to within nine (9) feet of the northern perimeter. According to the
applicant the proposed user will receive truck deliveries and the extended drive is
necessary to allow for maneuvering room to this large vehicle. The hours of
operation for the business are from 8 am to 5 pm six (6) days per week.
Restocking deliveries for the proposed Lot 2 use will be scheduled to occur
during late night with on-site layover until 8 am for off-loading of stock. Stock
deliveries will average two (2) per month to a maximum of three (3) per month.
Lot 3 is proposed to be replatted into two (2) lots, Lots 3A and 3B. Lot 3B will be
an office use as defined by the 0-3, General Office District and will not allow the
allowance of ten (10) percent of the total square footage as accessory uses in
the 0-3, General Office Zoning District. The building located on Lot 3A is
proposed containing 5,625 square feet and is proposed for commercial use as
E:
FILE NO.: Z -5817-B Cont.
defined by the C-1, Neighborhood Commercial District. The applicant has
removed from the current request an eating place inside as an allowable use for
the site since there is not adequate parking for a restaurant use. The building
located on Lot 3B is proposed containing 3,840 square feet. The site plan
indicates seventeen (17) parking spaces to serve Lot 3A and twenty (20) parking
spaces to serve Lot 3B. The hours of operation are proposed from 7 am to 7 pm
daily.
The site is located within the Highway 10 Design Overlay District. The site plan
approved on March 21, 2006, allowed for reduction in building setbacks along the
side and rear. The March 21, 2006, site plan did allow for the required rear yard
landscape strip averaging twenty-five (25) feet. The front building setback of
100 -feet and the front 40 -foot landscape strip were provided on the March 21,
2006, approved site plan.
With the current request a portion of the parking located on Lot 3A extends into
the 25 -foot side yard landscape strip along the eastern perimeter. The western
drive located on Lot 2 extends into the 25 -foot rear yard landscape strip and it
appears the building located on Lot 2 is located within the required 100 -foot front
building setback. The site plan as presented has not provided the required
perimeter landscape strip along the western perimeter of nine (9) feet for Lot 2.
The building located on Lot 1 is located 25 -feet from the rear property line
(consistent with the previous approval). The Overlay would typically require the
rear yard building setback to be 40 -feet. The buildings located on Lots 3A and
3B are located 25 -feet from the eastern property line, similar to the previous
approval. The Overlay would typically require a side yard building setback of
30 -feet.
With the March 21, 2006, approval the applicant indicated each of the proposed
lots would contain a dumpster location. The applicant indicated the dumpsters
would be screened on three (3) sides with a visual screening to best blend into
the overall site appearances and be as visually appealing as possible. The
applicant indicated potential materials as brick, split -faced block or wood. The
current request includes this commitment as well. The hours of dumpster service
were not limited to daylight hours. Staff recommends the hours of dumpster
service be limited to daylight hours.
The lots are indicated with a monument style ground mounted sign. Lots 3A and
3B will share a single sign. The cover letter indicates a maximum sign height of
six (6) feet and a maximum sign area of seventy-two (72) square feet. Building
signage will comply with signage allowed in office zones or a maximum of ten
(10) percent of the fagade area. Lot 3B is located without public street frontage.
The building signage will be located along one fagade and will be signage without
public street frontage.
Staff is not supportive of the request. Section 36-452(2)(b) states a development
must contain a minimum of fifty-one percent of office uses. The development is
9
FILE NO.: Z -5817-B Co
proposed containing a total of 11,097 square feet of retail uses and
11,840 square feet of office uses (22,937 square feet total). This results in the
development being forty-eight (48) percent retail. The development as proposed
meets this criteria but in staff's opinion the stand alone retail uses and the overall
percentage of retail uses intensifies the development beyond the Suburban
Office Future Land Use designation. This category typically allows for
developments of low intensity office developments of office and office parking
activities in close proximity to low density residential areas to assure
compatibility. Staff does not feel the development as proposed meets the intent
of the Land Use designation nor is the development as proposed appropriate for
the site.
STAFF RECOMMENDATION:
Staff recommends denial of the request.
PLANNING COMMISSION ACTION: (APRIL 21, 2011)
The applicant was not present. There were registered objectors present. Staff
presented the item with a recommendation of deferral of the item to the May 19, 2011,
public hearing. Staff stated the deferral request was necessary to allow staff to prepare
and present to the Commission a revocation request for the expired POD zoning.
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 10 ayes,
0 noes and 1 absent.
PLANNING COMMISSION ACTION: (MAY 19, 2011)
Mr. Bill Dean was present representing the request. There were a number of registered
objectors present. Staff presented the item with a recommendation of denial.
Mr. Bill Dean addressed the Commission on the merits of his request. He stated he
was familiar with the area. He stated he moved his engineering office to Cantrell Road
in 1994. He stated at that time the traffic on Cantrell Road was light. He stated he was
instrumental in allowing this particular area to development with the implementation of
Sewer District 252. He stated without this sewer district a large portion of the
commercial uses in this area would not have been possible.
Mr. Dean provided the Commission with a letter outlining the specifics of the
development and more specific details of the Battery Outfitters organization. Mr. Dean
stated the business was light retail. He stated the business did not generate a large
volume of traffic. He stated the business was specialized battery sales. He stated the
business did install car batteries but this was a very small part of the business. He
10
FILE ND.: Z-5817-B Cont.
stated the only reason for purchasing a car battery from this business was solely for
convenience.
Mr. Dean stated the site plan as presented did comply with the Highway 10 DOD with
the exception of areas previously approved for variances. He stated there was
sufficient area for landscaping on the site and the 100-foot front building setback would
be met.
Mr. Dean stated he was amending his application to limit the retail on Lot 3A to
5,625 square feet. He stated no eating establishments would be allowed within the
building located on Lot 3A. He stated the remaining two (2) office buildings would not
be allowed commercial uses.
Mr. Bob Altoff addressed the Commission in opposition of the request. Mr. Altoff
provided the Commission with photos of recent flooding within the Westchester
Subdivision. He stated the subdivision had been plagued by flooding from the Taylor
Loop Creek for a number of years. He stated any development along Cantrell Road
which emptied into the Creek near the subdivision would impact the subdivision and
cause flooding. He stated there was a 30-inch pipe providing drainage for the
subdivision. He stated during heavy rains the drainage pipe would be overtopped by
the Creek causing water to backup into the subdivision. He stated the subdivision
experienced flooding about once per year.
Mr. Nick Alsop addressed the Commission in opposition. He stated he was the
President of the Pinnacle Valley Neighborhood Association. He stated recently the City
of Little Rock Board of Directors denied a request to allow a C-4 use on a property
located to the east of this site. He stated the current request was also a C-4 use which
should not be approved. He stated the Highway 10 Plan was developed not only for
residents of the area but for the City as a whole to allow for a scenic drive to the City
and State Parks in the area. He stated within the plan the commercial areas were
limited to nodes and were not to line the corridor.
Mr. Ken Harrison addressed the Commission on behalf of the Tulley Cove
Neighborhood Association. He stated residents of the Tulley Cove neighborhood were
opposed to the rezoning to allow commercial at this location. He stated the DDD was
instrumental in his choice of a home site. He stated the DDD was implemented to allow
the area to remain natural and was to prohibit intense commercial development in this
area limiting the commercial developments to identified commercial nodes.
Mr. Wesley Lasseigne of 14 Westchester Court addressed the Commission in
opposition of the request. He stated the Highway 10 Plan was implemented for the
benefit of the entire City. He stated the Commission should uphold the Plan which had
been codified into law. He stated approval of the rezoning request would be detrimental
to adjacent properties. He stated the approval would set precedence for future cases.
Ms. Celia Martin addressed the Commission in opposition of the request. She stated
the official position of the Neighborhood Association was opposition to the rezoning
11
FILE NO.. Z-5817-B(Cont.)
request. She requested the Commission maintain the Highway 10 Overlay. She
requested the Commission protect the entire City and deny the request.
Ms. Kathleen Oleson addressed the Commission in opposition of the request. She
stated the League of Women Voters was opposed to the rezoning request. She stated
the Highway 10 Plan did not allow for standalone retail at this location. She stated the
approval was nibbling away at the Overlay. She stated decisions were made to
purchase homes and businesses in the area based on City adopted plans and
ordinances. She stated those City ordinances should be maintained.
Mr. Phil Cox addressed the Commission in opposition of the approval of the request.
He stated he had read the Highway 10 DOD and the current application did not fit the
purpose and intent of the DOD. He stated this should be the basis of Commission's
denial.
Mr. Greg Williams addressed the Commission in opposition of the request. He stated it
was hard to oppose a neighbor but the area did not need any additional commercial
traffic. He stated to the west of this site within a few miles there were four (4) schools
with parents traveling Highway 10 to take their children to school. He stated the speed
on Cantrell Road was 45 to 50 miles per hour. He stated by lining Cantrell Road with
commercial uses this eliminated the parkway experience intended for Cantrell Road.
Mr. Kent Sorrells addressed the Commission in opposition of the request. He stated
safety was a concern for him and his neighbors. He stated Rummel Road was located
just west of the site being proposed for rezoning. He stated at the intersection of
Rummell Road and Cantrell Road visibility was not good. He stated commercial
business was not light usage. He stated residents leaving the area did not have options
and were all forced to exit onto Cantrell Road at this location. He stated there had been
a number of accidents at this intersection one resulting in death.
Mr. Bill Dean addressed the Commission on items raised by the opposition. He
questioned the flooding stating he had worked on the drainage for the Westchester
Subdivision a number of years ago. He stated his development would not add to water
in the Westchester Subdivision and the drainage plan for his development would divert
22 acres from the current basin directly into Taylor Loop Creek downstream from the
Subdivision. He stated the development was designed for a 25 -year storm but he was
willing to amend his application request to design the stormwater detention for a 50 -year
storm. He stated one resident stated the development should remain as was currently
approved. He stated there was not a plan approved for the site at present since the
previous approval had been revoked.
Mr. Dean stated the battery business would have less than 100 customers per day. He
stated the business would not increase traffic on Cantrell Road. He stated the plan did
comply with a number of elements within the Highway 10 Plan. He stated speed on
Cantrell Road was a concern. He stated the traffic and traffic speeds would be on
Cantrell Road regardless of approval of this application request.
12
FILE NO.: Z -5817-B Cont.
There was a general discussion between the Commissioners, staff and Mr. Dean
concerning the flooding problems within the Westchester Subdivision. It was reported
the creek topped the outfall pipe from the Westchester Subdivision not allowing the
subdivision to drain and forcing water back into the subdivision. Staff stated a bond
project would be required to fix the flooding problems within the Subdivision due to the
cost. Staff stated the drainage from this development did not go through the
Westchester Subdivision but any additional water to the creek would only add to the
water problem.
The Commission questioned staff as to if the amendments to the application changed
their recommendation. (The design of the stormwater for a 50 -year design and limiting
the retail on Lot 3A to 5,625 square feet,} Staff stated their recommendation continued
to be denial.
The chair entertained a motion for approval of the item subject to compliance with all
staff recommends and comments except that of denial. The motion failed by a vote of
1 aye, 9 noes and 1 absent.
13
May 19, 2011
ITEM NO C FILE NO.: Z -5817 -
NAME: Magnolia Terrace Addition Short -form POD
L-OC—A-TION=Located-at-1--5100-and1-5120-Cantrell Road -
DEVELOPER:
Battery Outfitters
HWY 86
Golden, MO 65658
ENGINEER:
William Dean, PE
209 Roya Lane
Bryant, AR 72022
AREA: 4.06 acres NUMBER OF LOTS. 4 FT. NEW STREET: 0 LF
CURRENT ZONING: Expired POD
ALLOWED USES: No uses are allowed due to the expiration of the POD zoning —
Underlying zoning is R-2, Single-family — Staff has initiated a revocation of the POD
zoning - Item 8 Case File No. Z -5817-D
PROPOSED ZONING: POD
PROPOSED USE: 0-3, General Office District and C-1, Neighborhood Commercial
District uses
VARIAN CESMAIVEIRS REQUESTED: None requested.
BACKGROUND:
Ordinance No. 16,690 adopted by the Little Rock Board of Directors on June 7, 1994,
established South Hills Terrace Addition Short -form POD, for a portion of this site
containing 1.27 acres. Ordinance No. 16,691 allowed for a deferral of the required
sidewalk, the required detention and the front yard landscaping for three years or to
within sixty days of completion of the sewer main which was proposed for constructed
along the Highway 10 frontage of the property. The proposal included (Phase 1) the
utilization of an existing residential structure located at the rear of the site as an office
use for a civil engineering company and (Phase II) was to consist of the construction of
May 19, 2011
ITEM NO.: C (Cont.)
FILE NO.: Z -5817-B
a second office building (5,080 square feet) at the front of the property. The Phase I
proposal included the remodeling of the existing structure and the utilization of the
existing 12 -foot driveway. The Phase II portion included the abandonment of the
exist ng --driveway; closure -of -the -existing-curb--cut;-and construction-of-a-new-ddv-eway _
and curb cut. The new curb cut was to be 24 -feet. A new septic system was proposed
on the site with connection to city sewer when service became available. The applicant
indicated upon availability of sewer service Phase II would be initiated.
Ordinance No. 18,211 adopted by the Little Rock Board of Directors on February 15,
2000, established the Childress Short -form POD on property adjacent to the east
containing 1.5 acres. The site contained a 9,400 square foot, two-story brick building
which was previously used as a non -conforming photography studio. The applicant
proposed the rezoning to allow redevelopment of the site with building and parking lot
additions. The applicant proposed 0-1, Quiet Office District uses as allowable uses for
the site. The applicant proposed a two phased development for the property: Phase I
included the construction of an asphalt drive extending from Cantrell Road, construction
of 24 parking spaces on the south side of the existing building, dumpster location, use
of the exiting building for 0-1 permitted uses. Phase II was to consist of the
construction of an 8,000 square foot addition to the existing building, extend the
driveway along the east side of the building, construction of 32 additional parking
spaces on the north side of the building, relocation of the dumpster area. The applicant
noted a single sign would be placed near the entrance to the property, which would
conform to the Highway 10 Design Overlay Standards.
An application was filed for Lots 2 and 3 of the Boydston Subdivision to rezone the
property from R-2, Single-family to C-3, General Commercial District. The area is
located west of the South Hills Terrace Addition POD. The request was withdrawn prior
to the legal ad being placed for the June 11, 1985, Planning Commission Public
Hearing.
Ordinance No. 18,564 adopted by the Little Rock Board of Directors on September 18,
2001, rezoned Lots 1, 2 and 3 of the Boydston Subdivision from R-2, Single-family to
POD. The POD zoning approval was revoked by the Board of Directors on April 20,
2004, by the adoption of Ordinance No. 19,085 restoring the previously held R-2,
Single-family zoning classification. The property contained 1.29 acres.
Ordinance No. 19,506 adopted by the Little Rock Board of Directors on March 21, 2006,
rezoned two previously approved POD's and expanded the area to property located to
the west of the POD zoned property (the expanded area was zoned R-2, Single-family)
to POD to allow the development of four buildings containing on three lots. 0-3,
General Office District uses were approved as allowable uses for the site. The approval
did allow the placement of ten percent of the total gross floor area as an accessory use
as identified in the 0-3, General Office Zoning District. The lots ranged in size from
1.18 acres to 1.53 acres. The construction of a single story building was proposed for
Lots1 and 2 and Lot 3 was proposed with two buildings, a single -story building and a
two level building utilizing the slope of the site. The building located on Lot 1 contained
2
May 19, 2011
ITEM NO.: C (Cont.
FILE NO.: Z -5817-B
9,000 square feet. The building on Lot 2 contained 12,600 square feet and the building
on Lot 3 contained a 3,000 square foot building and a 12,000 square foot building. The
overall development plan was in compliance with the Highway 10 Design Overlay
District with--the-exception-of-the-rear yard -setback -which was-approved_with_a2.5-foot
setback (40 -feet typically required per the DOD). The dumpster service hours were
limited to 7 am to 7 pm.
A. APPLICANT'S STATEMENT:
The applicant is requesting to rezone the property to POD to allow additional
retail uses to locate within the development. The property was approved in 2006
as a Planned Office Development consisting of three lots and four structures.
The approval allowed for the construction of buildings ranging in size from
3,000 square feet to 19,000 square feet. The approved uses for the site were
those listed in the 0-3, General Office Zoning District with the allowance of ten
(10) percent of the total gross square footage with the accessory uses identified
in the 0-3, General Office Zoning District.
According to the applicant development and marketing efforts on the approved
buildings for use as large executive office suites have proved unsuccessful over
the five years since approval of the 2006 plan. The applicant states other
successful developments in the area since 2006 have included redevelopment of
lots to accommodate single -occupancy, owner -occupied offices, small -space,
lease -office buildings and multiple -use commercial/office use developments
anchored by a commercial component.
The proposed plan is designed to provide smaller buildings, less parking space,
and more open/green space compared to the previously approved plan. In short,
the current proposal represents a much less intense use of the property. In
addition, the current proposal is for a mixed office/commercial development
similar to other successful development projects approved for the area.
Lot 1 is to remain as suburban office with 0-3, General Office District uses as
previously approved. The building is proposed as a single story building
containing 8,000 square feet. Lot 2 is proposed for use by Battery Outfitters,
which is a light retail consumer battery outlet. The building is proposed
containing 5, 472 square feet. Lot 3 is proposed to be replatted into two lots,
3A and 3B. Lot 3B will remain as an office use with 0-3, General Office District
uses as previously approved. The building located on Lot 3A is proposed
containing 5,625 square feet and is proposed for commercial use as defined in
the C-1, Neighborhood Commercial zoning district. The building located on Lot
313 is proposed containing 3,840 square feet.
The proposed use of Lot 2 by Battery Outfitters will provide a much less intense
site use than previously approved. Business hours will be daytime only
(8:00 AM — 5:00 PM), six days per week. The business will have approximately
3
May 19, 2011
ITEM NO.: C (Cont.
FILE NO.: Z -5817-B
4-6 employees and can be considered light retail in volume. Restock freight
deliveries will average from 1 to 3 per month. Stock delivery times will be
scheduled for evening and nighttime arrivals to avoid high traffic periods on
Cantrell -Road -and -pose -minimal disturbance -to-other--neighborhood-properties.- - -
Proposed commercial uses for Lot 3A will be similarly limited to light retail uses
listed as approved uses under C-1 zoning district which include but are not
limited to cellular phone service outlet, drugstore, florist/gift shop, jewelry store,
hobby shop, pet store, tool and equipment rental with no outside display, dance
studio, optics shop, clothing store, and camera shop. The Lot 3A building is
proposed for a single user or multiple users in the C-1 zoning district. Lot 3A is
currently proposed to have seventeen (17) parking spaces but could
accommodate an additional nine (9) spaces if warranted by the specific use(s) to
occupy the building.
The current request will decrease the total building square footage by 44 percent,
decrease parking spaces by 43 percent and increase open/green space by over
5,860 square feet from the March 21, 2006, approval. The proposed open/green
spaces total 88,054 square feet or approximately 50 percent of the total
development area.
B. EXISTING CONDITIONS.
C.
The site is vacant. The former driveway locations are still in place. There is
undeveloped property located immediately north of the site and there is a
single-family residence located immediately west of the site adjacent to Rummell
Road. To the east of the site is a branch bank facility and medical office uses.
Further west is a drive-through restaurant and vacant commercially and office
zoned property. There are single-family residences in the Westchester
Subdivision located across Cantrell Road to the south and southwest. An office
use, a pet grooming/boarding facility and a private school are located to the
southeast.
Cantrell Road is a five lane roadway with curb and gutter in place. There is no
sidewalk located adjacent to the sites being proposed for rezoning. There is a
sidewalk located immediately east of this site in front of the branch bank facility.
NEIGHBORHOOD COMMENTS:
As of this writing, staff has received a number of phone calls and letters from
area property owners. All property owners located within 200 feet of the site, all
residents, who could be identified, located within 300 feet of the site, the Pinnacle
Valley Neighborhood Association, the Westchester/Heatherbare Property
Owners Association and the Tulley Cove Property Owners Association were
notified of the public hearing.
0
May 19, 2011
ITEM NO.: C Cont. FILE NO.: Z -5817-B
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Sidewalks with. appropriate handicap ramps are required on both sides of
the shared access easement between Lots 1 and 2 in accordance with
Section 31-175 of the Little Rock Code and the Master Street Plan.
2. Obtain permits for improvements within State Highway right-of-way from
AHTD, District VI.
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.
4. Repair or replace any curb and gutter or sidewalk that is damaged in the
public right-of-way prior to occupancy.
5. Stormwater detention ordinance applies to this property. Show the
proposed location for stormwater detention facilities on the plan.
6. Driveway locations and widths do not meet the traffic access and circulation
requirements of Sections 30-43 and 31-210. The width of driveway must
not exceed 36 -feet. A variance must be requested for the proposed
driveway spacing. City code requires a spacing of 300 -feet on principal
arterial streets.
7. The landscape median on Lot 2 of the property to the east should be
lengthened to create more defined driveways of approximately 25 -feet in
width. The ends of the landscape median should be extended to the east to
protect parking spaces and channelize the traffic flow.
8. If disturbed area is one (1) or more acres, obtain a NPDES stormwater
permit from the Arkansas Department of Environmental Quality prior to the
start of construction.
9. Driveway improvement plans shall include signage and striping. Traffic
Engineering must approve completed plans prior to construction.
10. Retaining walls designed to exceed 15 -feet in height are required to seek a
variance for construction. Provide proposed wall elevations.
11. Prior to construction of retaining walls, an engineer's certification of design
and plans must be submitted to Public Works for approval. After
construction, an as -built certification is required for construction of the
retaining wall.
12. Provide a letter prepared by a registered engineer certifying the sight
distance at the intersections comply with 2004 AASHTO Green Book
standards.
5
May 19, 2011
ITEM NO.: C (Cont.) FILE NO.: Z -5817-B
13. A landscape median should be provided adjacent to the east side of the
parking spaces on Lot 1 nearest to the proposed building.
14. Vehicle back up areas from parking spaces should be provided on Lots 1
and 3.
E. UTILITIES AND FIRE DEPARTMENTICOUNTYPLANNING:
Wastewater: Sewer main extension required with easements for Lot 3B, if
needed. Contact Little Rock Wastewater Utility for additional information.
Entergy: No comment received.
Center -Point Ener : Approved as submitted.
AT & T: No comment received.
Centra€ Arkansas Water: All Central Arkansas Water requirements in effect at
the time of request for water service must be met. The Little Rock Fire
Department needs to evaluate this site to determine whether additional public
and/or private fire hydrant(s) are required. If additional fire hydrant(s) are
required, they will be installed at the Developer's expense. Submit plans for
water facilities and/or fire projection system to Central Arkansas Water for
review. Plan revisions may be required after additional review. Approval of
plans by Central Arkansas Water, the Arkansas Department of Health
Engineering Division and the Little Rock Fire Department is required. Contact
Central Arkansas Water regarding the size and location of the water meter. A
Capital Investment Charge based on the size of the meter connect(s) will apply to
this project in addition to normal charges. This fee will apply to all connections
including metered connections off the private fire system. Due to the nature of
this facility, installation of an approved reduced pressure zone backflow
preventer assembly (RPZ) is required on the domestic water service. This
assembly must be installed prior to the first point of use. Central Arkansas Water
requires that upon installation of the RPZA, successful tests of the assembly
must be completed by a Certified Assembly Tester licensed by the State of
Arkansas and approved by CAW's Cross Connection Section within ten (10)
days of installation and annually thereafter. Contact the Cross Connection
Section at 377-1226 if you would like to discuss backflow prevention
requirements for this project.
Fire Department: Place fire hydrants per code. Contact the Little Rock Fire
Department for additional information.
County Planning: No comment.
N
May 19, 2011
ITEM NO.: C Cont-ILE NO.: Z -5817-B
CATA: Approved as submitted. The site is located on CATA Bus Route #25, the
Highway 10 Express Route.
- --- Parks and Recreation:- No comment. --- - -
F. 1SSUESlTECHN ICALIDESIGN:
Planning Division: This request is located in the River Mountain Planning
District. The Land Use Plan shows Suburban Office for this property. The
applicant has requested to revise the previously approved Planned Office
Development to allow a revision to the allowed square footage within the
buildings on the site and to add additional retail uses as allowed uses to the site.
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 Road
since it is. a Principal Arterial. This street may require dedication of right-of-way
and may require street improvements for entrances and exits to the site.
Bicvclg Plan: There are no bike routes shown in the immediate vicinity.
Landscape:
1. Site plan must comply with the City's landscape and buffer ordinance
requirements.
2. Site is located within the Highway 10 Overlay District and must comply with all
the standards set forth unless otherwise approved by the Planning
Commission and Board of Directors.
G. SUBDIVISION COMMITTEE COMMENT: (March 31, 2011)
Mr. Bill Dean was present representing the request. Staff presented an overview
of the development stating the request was an amendment to the previously
approved POD to add additional retail as allowable uses for the site. Mr. Dean
stated the market was different than when the POD was approved. He stated the
success stories along Cantrell Road were office developments anchored with
retail.
Staff requested Mr. Dean provide additional information concerning the proposed
use mix of the development. Staff questioned if the ten (10) percent accessory
uses was stili being requested for the office portion of the development. Staff
stated if this was the case then the development would potentially exceed the
allowable square footage of office verses commercial. Staff questioned the
III
May 19, 2011
ITEM NO.: C(Cont.
FILE NO.- Z -5817-B
square footage of the proposed signage. Staff stated all site lighting was to be
low level and directional, directed downward and into the site.
Public -Works -comments -were -addressed -.---Staff- stated -sidewalks--wererequired- -with the proposed development. Staff stated the driveway widths exceeded the
maximum allowed per City ordinance. Staff stated any retaining walls would
require an engineering certification prior to construction and an as built survey
upon completion.
Landscape comments were addressed. Staff stated the driveway as indicated
between Lots 1 and 2 extended into the 25 -foot landscape strip as required by
the Highway 10 Design Overlay District. Staff stated the driveway along Cantrell
Road was located within the front 40 -foot required landscape strip.
Staff noted comments from the other reporting departments and agencies
suggesting the applicant contact them individually for additional clarification.
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 and cover letter to staff addressing
the issues raised at the March 31, 2011, Subdivision Committee meeting. The
revised plan indicates there will not be commercial uses allowed within the office
portion of the development. The applicant has also indicated signage will comply
with signage allowed per the Highway 10 Design Overlay District. The applicant
has indicated the driveway widths will comply with City ordinance standards.
The request is to rezone the site from an expired POD zoning classification to
POD to allow the addition of retail as an allowable use for stand alone building on
the site and create an additional lot within the development. As with the expired
March 21, 2006, POD site plan Lot 1 will remain as suburban office with 0-3,
General Office District uses with the elimination of the allowance of ten (10)
percent of the total square footage as accessory uses in the 0-3, General Office
Zoning District. The building is proposed as a single story building containing
8,000 square feet. The current site plan indicates the placement of thirty-one
(31) parking spaces on Lot 1. The hours of operation for the office development
will be from 7 am to 7 pm daily.
Lot 2 is proposed as a specific retail use, Battery Outfitters. The building is
proposed containing 5,472 square feet. There are twenty-four (24) parking
spaces proposed. Along the western perimeter of this lot there is a drive
extending to within nine (9) feet of the northern perimeter. According to the
applicant the proposed user will receive truck deliveries and the extended drive is
necessary to allow for maneuvering room to this large vehicle. The hours of
operation for the business are from 8 am to 5 pm six (6) days per week.
May 19, 2011
ITEM NO.: C (Cont.
FILE NO.: Z -5817-B
Restocking deliveries for the proposed Lot 2 use will be scheduled to occur
during late night with on-site layover until 8 am for off-loading of stock. Stock
deliveries will average two (2) per month to a maximum of three (3) per month.
Lot 3 is proposed to be replatted into two (2) lots, Lots 3A and 3B. Lot 3B will be
an office use as defined by the 0-3, General Office District and will not allow the
allowance of ten (10) percent of the total square footage as accessory uses in
the 0-3, General Office Zoning District. The building located on Lot 3A is
proposed containing 5,625 square feet and is proposed for commercial use as
defined by the C-1, Neighborhood Commercial District. The applicant has
removed from the current request an eating place inside as an allowable use for
the site since there is not adequate parking for a restaurant use. The building
located on Lot 3B is proposed containing 3,840 square feet. The site plan
indicates seventeen (17) parking spaces to serve Lot 3A and twenty (20) parking
spaces to serve Lot 3B. The hours of operation are proposed from 7 am to 7 pm
daily.
The site is located within the Highway 10 Design Overlay District. The site plan
approved on March 21, 2006, allowed for reduction in building setbacks along the
side and rear_ The March 21, 2006, site plan did allow for the required rear yard
landscape strip averaging twenty-five (25) feet. The front building setback of
100 -feet and the front 40 -foot landscape strip were provided on the March 21,
2006, approved site plan.
With the current request a portion of the parking located on Lot 3A extends into
the 25 -foot side yard landscape strip along the eastern perimeter. The western
drive located on Lot 2 extends into the 25 -foot rear yard landscape strip and it
appears the building located on Lot 2 is located within the required 100 -foot front
building setback. The site plan as presented has not provided the required
perimeter landscape strip along the western perimeter of nine (9) feet for Lot 2.
The building located on Lot 1 is located 25 -feet from the rear property line
(consistent with the previous approval). The Overlay would typically require the
rear yard building setback to be 40 -feet. The buildings located on Lots 3A and
3B are located 25 -feet from the eastern property line, similar to the previous
approval. The Overlay would typically require a side yard building setback of
30 -feet.
With the March 21, 2006, approval the applicant indicated each of the proposed
lots would contain a dumpster location. The applicant indicated the dumpsters
would be screened on three (3) sides with a visual screening to best blend into
the overall site appearances and be as visually appealing as possible. The
applicant indicated potential materials as brick, split -faced block or wood. The
current request includes this commitment as well. The hours of dumpster service
were not limited to daylight hours. Staff recommends the hours of dumpster
service be limited to daylight hours.
9
May 19, 2011
NO.: C (Cont.) _ FILE NO.: Z -5817-B
The lots are indicated with a monument style ground mounted sign. Lots 3A and
313 will share a single sign. The cover letter indicates a maximum sign height of
six (6) feet and a maximum sign area of seventy-two (72) square feet. Building
signage will comply with signage allowed in office zones or a maximum of ten
(10) percent of the fagade area. Lot 3B is located without public street frontage.
The building signage will be located along one fagade and will be signage without
public street frontage.
Staff is not supportive of the request. Section 36-452(2)(b) states a development
must contain a minimum of fifty-one percent of office uses. The development is
proposed containing a total of 11,097 square feet of retail uses and
11,840 square feet of office uses (22,937 square feet total). This results in the
development being forty-eight (48) percent retail. The development as proposed
meets this criteria but in staff's opinion the stand alone retail uses and the overall
percentage of retail uses intensifies the development beyond the Suburban
Office Future Land Use designation. This category typically allows for
developments of low intensity office developments of office and office parking
activities in close proximity to low density residential areas to assure
compatibility. Staff does not feel the development as proposed meets the intent
of the Land Use designation nor is the development as proposed appropriate for
the site.
I. STAFF RECOMMENDATION:
Staff recommends denial of the request.
PLANNING COMMISSION ACTION: (APRIL 21, 2011)
The applicant was not present. There were registered objectors present. Staff
presented the item with a recommendation of deferral of the item to the May 19, 2011,
public hearing. Staff stated the deferral request was necessary to allow staff to prepare
and present to the Commission a revocation request for the expired POD zoning.
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 10 ayes,
0 noes and 1 absent.
PLANNING COMMISSION ACTION: (MAY 19, 2011)
Mr. Bill Dean was present representing the request. There were a number of registered
objectors present. Staff presented the item with a recommendation of denial.
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May 19, 2011
ITEM NO.: C (Cont.) _ FILE NO.: Z -5817-B
Mr. Bill Dean addressed the Commission on the merits of his request. He stated he
was familiar with the area. He stated he moved his engineering office to Cantrell Road
in 1994. He stated at that time the traffic on Cantrell Road was light. He stated he was
instrumental in allowing this particular area to development with the implementation of
Sewer District 252. He stated without this sewer district a large portion of the
commercial uses in this area would not have been possible.
Mr. Dean provided the Commission with a letter outlining the specifics of the
development and more specific details of the Battery Outfitters organization. Mr. Dean
stated the business was light retail. He stated the business did not generate a large
volume of traffic. He stated the business was specialized battery sales. He stated the
business did install car batteries but this was a very small part of the business. He
stated the only reason for purchasing a car battery from this business was solely for
convenience.
Mr. Dean stated the site plan as presented did comply with the Highway 10 DOD with
the exception of areas previously approved for variances. He stated there was
sufficient area for landscaping on the site and the 100 -foot front building setback would
be met.
Mr. Dean stated he was amending his application to limit the retail on Lot 3A to
5,625 square feet. He stated no eating establishments would be allowed within the
building located on Lot 3A. He stated the remaining two (2) office buildings would not
be allowed commercial uses.
Mr. Bob Altoff addressed the Commission in opposition of the request. Mr. Altoff
provided the Commission with photos of recent flooding within the Westchester
Subdivision. He stated the subdivision had been plagued by flooding from the Taylor
Loop Creek for a number of years. He stated any development along Cantrell Road
which emptied into the Creek near the subdivision would impact the subdivision and
cause flooding. He stated there was a 30 -inch pipe providing drainage for the
subdivision. He stated during heavy rains the drainage pipe would be overtopped by
the Creek causing water to backup into the subdivision. He stated the subdivision
experienced flooding about once per year.
Mr. Nick Alsop addressed the Commission in opposition. He stated he was the
President of the Pinnacle Valley Neighborhood Association. He stated recently the City
of Little Rock Board of Directors denied a request to allow a C-4 use on a property
located to the east of this site. He stated the current request was also a C-4 use which
should not be approved. He stated the Highway 10 Plan was developed not only for
residents of the area but for the City as a whole to allow for a scenic drive to the City
and State Parks in the area. He stated within the plan the commercial areas were
limited to nodes and were not to line the corridor.
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May 19, 2011
ITEM NO.: C (Cont.
FILE NO.: Z -5817-B
Mr. Ken Harrison addressed the Commission on behalf of the Tulley Cove
Neighborhood Association. He stated residents of the Tulley Cove neighborhood were
opposed to the rezoning to allow commercial at this location. He stated the DOD was
instrumental in his choice of a home site. He stated the DOD was implemented to allow
the area to remain natural and was to prohibit intense commercial development in this
area limiting the commercial developments to identified commercial nodes.
Mr. Wesley Lasseigne of 14 Westchester Court addressed the- Commission in
opposition of the request. He stated the Highway 10 Plan was implemented for the
benefit of the entire City. He stated the Commission should uphold the Plan which had
been codified into law. He stated approval of the rezoning request would be detrimental
to adjacent properties. He stated the approval would set precedence for future cases.
Ms. Celia Martin addressed the Commission in opposition of the request. She stated
the official position of the Neighborhood Association was opposition to the rezoning
request. She requested the Commission maintain the Highway 10 Overlay. She
requested the Commission protect the entire City and deny the request.
Ms. Kathleen Oleson addressed the Commission in opposition of the request. She
stated the League of Women Voters was opposed to the rezoning request. She stated
the Highway 10 Plan did not allow for standalone retail at this location. She stated the
approval was nibbling away at the Overlay. She stated decisions were made to
purchase homes and businesses in the area based on City adopted plans and
ordinances. She stated those City ordinances should be maintained.
Mr. Phil Cox addressed the Commission in opposition of the approval of the request.
He stated he had read the Highway 10 DOD and the current application did not fit the
purpose and intent of the DOD. He stated this should be the basis of Commission's
denial.
Mr. Greg Williams addressed the Commission in opposition of the request. He stated it
was hard to oppose a neighbor but the area did not need any additional commercial
traffic. He stated to the west of this site within a few miles there were four (4) schools
with parents traveling Highway 10 to take their children to school. He stated the speed
on Cantrell Road was 45 to 50 miles per hour. He stated by lining Cantrell Road with
commercial uses this eliminated the parkway experience intended for Cantrell Road.
Mr. Kent Sorrells addressed the Commission in opposition of the request. He stated
safety was a concern for him and his neighbors. He stated Rummel Road was located
just west of the site being proposed for rezoning. He stated at the intersection of
Rummell Road and Cantrell Road visibility was not good. He stated commercial
business was not light usage. He stated residents leaving the area did not have options
and were all forced to exit onto Cantrell Road at this location. He stated there had been
a number of accidents at this intersection one resulting in death.
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May 19, 2011
ITEM NO.: C (Cont.
FILE NO.: Z -5817-B
Mr. Bill Dean addressed the Commission on items raised by the opposition. He
questioned the flooding stating he had worked on the drainage for the Westchester
Subdivision a number of years ago.He stated his development would not add to water
in the Westchester Subdivision and the drainage plan for his development would divert
22 acres from the current basin directly into Taylor Loop Creek downstream from the
Subdivision. He stated the development was designed for a 25 -year storm but he was
willing to amend his application request to design the stormwater detention for a 50 -year
storm. He stated one resident stated the development should remain as was currently
approved. He stated there was not a plan approved for the site at present since the
previous approval had been revoked.
Mr. Dean stated the battery business would have less than 100 customers per day. He
stated the business would not increase traffic on Cantrell Road. He stated the plan did
comply with a number of elements within the Highway 10 Plan. He stated speed on
Cantrell Road was a concern. He stated the traffic and traffic speeds would be on
Cantrell Road regardless of approval of this application request.
There was a general discussion between the Commissioners, staff and Mr. Dean
concerning the flooding problems within the Westchester Subdivision. It was reported
the creek topped the outfall pipe from the Westchester Subdivision not allowing the
subdivision to drain and forcing water back into the subdivision. Staff stated a bond
project would be required to fix the flooding problems within the Subdivision due to the
cost. Staff stated the drainage from this development did not go through the
Westchester Subdivision but any additional water to the creek would only add to the
water problem.
The Commission questioned staff as to if the amendments to the application changed
their recommendation. (The design of the stormwater for a 50 -year design and limiting
the retail on Lot 3A to 5,625 square feet.) Staff stated their recommendation continued
to be denial.
The chair entertained a motion for approval of the item subject to compliance with all
staff recommends and comments except that of denial. The motion failed by a vote of
1 aye, 9 noes and 1 absent.
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