HomeMy WebLinkAboutZ-5852 Staff AnalysisJuly 26, 1994
ITEM NO.: 3 FILE NO.: Z--5852
NAME: PENNEY 13241 CANTRELL ROAD -- SHORT -FORM POD
LOCATION: On the south side of Highway 10, approximately 1/4
mile west of Sam Peck Road
DEVELOPER:
LANDSCAPE ARCHITECT:
JAMES A. "BUTCH" PENNEY BRIAN MINYARD
29415 Penney Lane 1400 W. Markham St., Suite 410
Roland, AR 72135 Little Rock, AR 72201
330-2464 375-5725
AREA: 0.25 ACRES NUMBER OF LOTS: 1 FT. NEW STREET: 0
ZONING• R-2
PLANNING DISTRICT: 1
CENSUS TRACT: 42.06
VARIANCES REQUESTED: None
STATEMENT OF PROPOSAL:
PROPOSED USES: Office
Proposed is the development of a 2 -story, 4,200 square foot
office building on a 0.25 acre tract. The building is to be
located at the rear of the property, with 10 foot rear and side
yard setbacks, and will occupy approximately 19% of the site.
The parking is to be at the front of the site, with parking for
12 vehicles being provided. Parking lot lighting will be
building mounted, and fixtures will be floodlights with glare
control devices. A monument sign is proposed to be located
immediately behind the front property line, with the size to meet
the City standards. Landscaping and fencing, as required by the
Landscape Ordinance are proposed to be met, with a wood "good
neighbor" fence to be located on the property line on the rear
and on both sides. A landscape irrigation system is to be
installed. The applicant requests approval of all uses listed as
uses by right in the 0-2 zoning district.
A. PROPOSAL RE UEST:
The applicant requests a Planned Office Development in order
to construct a 2 -story, 4,200 square foot office building on
a 0.25 acre tract. The building is to be located at the
rear of the tract, with 10 foot rear and side yard setbacks
indicated. The parking is to be located to the north of the
building, between the building and Highway 10, and parking
for 12 vehicles is provided. The requirements for
landscaping and perimeter fencing are proposed to be met.
July 26, 1994
HDIVISION
ITEM NO.: 3(Continued) FILE NO.: Z-5852
All uses by right as listed in the 0-2 zoning district are
requested by the applicant for the POD.
B. EXISTING CONDITIONS:
The site is on the south side of Highway 10, immediately
east of the Panky neighborhood area. The existing zoning is
R-2, with the surrounding area being exclusively R-2. The
site is slightly depressed in elevation from the elevation
of Highway 10, and has had considerable fill material placed
on it over the last several years.
C. ENGINEERING UTILITY COMMENTS:
Public Works comments that the site, including the area at
the rear of the site which is apparently in the flood plain,
was filled illegally a number of years ago. The fill is
reported to have covered lumber from a razed structure and
felled trees. The apparently code violations must be
addressed. An engineering study must be conducted on the
flood prone portion of the site. The proposed driveway must
be realigned so that it is 900 to Cantrell Road. A sidewalk
must be constructed along the Cantrell Road frontage.
Little Rock Water Works reports that they have no objection
to the proposed building. They report that there is an
existing 5/8" meter serving this site.
Little Rock Wastewater Utility reports that a sewer main
extension, with easements, will be required to provide sewer -
service to the site.
Arkansas Power and Light Co. will require easements. They
indicate that a 15 foot wide easement along all four sides -•--
of the site will be required.
Arkansas Louisiana Gas Co. approved the submittal without
comment.
Southwestern Bell Telephone Co. will require easements.
They indicate that a 15 foot wide easement along the east,
west, and south property lines will be required.
The Little Rock Fire Department approved the submittal
without comment.
Landscape review reports that the Highway 10 Overlay
requires a 40 foot wide landscape buffer along Cantrell Road
and a 25 foot wide buffer along the southern, eastern, and
western perimeters. A sprinkler system to water required
plantings must be provided. The proposed landscaping is in
compliance with the Landscape Ordinance.
E
July 26, 1994
SUBDIVISION
ITEM NO.: 3 Continued FILE NO.: Z-5852
D. ISSUES/LEGAL/TECHNICAL/DESIGN:
The planning staff reports that the site is in the River
Mountain Planning District, and the Land Use Plan recommends
"transition zone" for the site. The proposed use, then, is
consistent with the adopted plan. The planning staff
cautions, though, that there are issues related to the
Highway 10 overlay which must be dealt with.
The parking requirements for general and professional office
uses is 1 space per 400 square feet. This building, at
4200 square feet would be required to provide 11 spaces.
The proposal includes the provision for 12 spaces.
The 0-2 zoning district require front, side, and rear yard
setbacks of at least 25 feet. This site is proposed to have
10 foot side and rear setbacks.
E. ANALYSIS•
There are serious concerns from staff regarding the material
buried on the site and the acceptability of the method and
material used to fill the site. There are concerns about
the location of the flood prone area, and there is a need
for completion of a study to determine whether a flood plain
exists on the property.
The proposed building is a 2 -story building, sitting just
10 feet from the sides and rear property lines. As tall as
end walls and the roof will be to the property lines, there
is too much building mass without adequate setback. The 0-2
zoning district requires
25 foot setbacks on a minimum 2 -acre site. The POD is.not____.
bound by these restrictions, but the rear and side setback
requirements may be used as a guideline.
F. STAFF RECOMMENDATIONS:
Staff recommends denial of the application as presented.
SUBDIVISION COMMITTEE COMMENT: (JULY 7, 1994)
The applicant, Mr. Butch Penney, and the landscape architect,
Mr. Bryan Minyard, were present. Staff outlined the scope of the
proposed project. The Committee reviewed with Mr. Penney and
Mr. Minyard the comments provided in the discussion outline. The
Committee discussed the various deficiencies and comments, then
forwarded the item to the Commission for the public hearing.
rI
July 26, 1994
SUBDIVISION
ITEM NO.: 3 tContinued) FILE NO.: Z-5852
PLANNING COMMISSION ACTION: (JULY 26, 1994)
Staff reported that the original notices sent to property owners
within 200 feet of the proposed POD had indicated that the
Commission meeting would be held at 5:30, but that corrected
notices had been mailed on July 22. Staff advised the Commission
that a bylaws waiver would be necessary, since the provision of
the bylaws which requires 15 days notice was not met.
Staff reiterated the staff concerns regarding the proposal: that
the building is too large for the site, and that only 10 foot
side and rear yard setbacks are proposed; that the site was, in
the past, improperly filled and the fill material used was
improper; and, the site plan does not deal with the stormwater
run-off onto abutting properties which are substantially lower in
elevation than the now -filled site. Staff reported that the
flood plain issue, which had been cited earlier as a concern, had
been resolved when the engineering data submitted had indicated
that the flood plain does not affect the site.
Mr. Brian Minyard, representing the applicant, presented the
proposal, indicating that the building was sited as it was to
meet the Highway 10 design overlay setback requirements. He said
that landscaping and parking requirements had been met, and that
there was a need for the size of building proposed. He related
that the applicant's son had graduated from dental school, and
that the applicant was proposing to construct a dental office for
his son. He said that the second story was to be used for lease
space.
Mr. J. A. Penney, the applicant, reiterated that he planned to
build his son an office for his dental practice, and to use the :.,___-
second floor as lease space. He explained that unauthorized fill.
material which had contained landscape timbers had been placed on
the site by someone, but that he had removed these timbers. Re-
assured the Commission that he would construct a sound, properly
engineered building on the site.
Commissioner McDaniel asked Mr. Penney to address the staff
concerns regarding the building being too close to the side and
rear property lines.
Mr. Penney offered to change the building from a full 2 -story
building to a 1 1/2 story building, indicating that the height of
the building would be reduced by approximately 12 feet. He
explained that with a 1 1/2 story building, the roof begins at
the first floor ceiling line, and that the second floor walls are
formed by the roof. This, he explained, would make the building
appear less massive and look more like a 1 -story building.
4
Ju Ty 26, 1994
SUBDIVISION
ITEM NO.: 3 Continued FILE NO.: Z-5852
A motion was made and seconded to approve the
stipulation that the building be a 1 1/2 story
The motion also contained a provision to waive
provision. The motion carried with the vote o
2 absent, 0 abstentions, and 1 open position.
5
POD, with the
office building.
the bylaws notice
f 7 ayes, 1 nay,
1. meeting Date: September 5, 1994
2. Case No.: Z-5852
3. RecFuest: Establish PENNEY 13241 CANTRELL ROAD --
SHORT-FORM POD
4. Location: On the south side of Highway 10,
approximatley 1/4 mile west of Sam Peck Road
5. Owner/Applicant: James A. "Butch" Penney
6. Existing Status: Vacant; zoned R-2
7. Proposed Use: Offices
8. Staff Recommendation: 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 7 ayes,
1 nay, 2 absent, 0 abstentions, and 1 open position
13. Ob'ectors: None
14. Neighborhood Contact Person_ /others: Odel Harris,
Pankey Neighborhood
15. Neighborhood Plan: River Mountain (1)
FILE NO.: Z-5852
NAME: PENNEY 13241 CANTRELL ROAD -- SHORT -FORM POD
LOCATION: On the south side of Highway 10, approximately 1/4
mile west of Sam Peck Road
DEVELOPER:
LANDSCAPE ARCHITECT:
JAMES A. "BUTCH" PENNEY BRIAN MINYARD
29415 Penney Lane 1400 W. Markham St., Suite 410
Roland, AR 72135 Little Rock, AR 72201
330-2464 375-5725
AREA: 0.25 ACRES NUMBER OF LOTS: 1 FT. NEW STREET: 0
ZONING• R-2
PLANNING DISTRICT: 1
CENSUS TRACT: 42.06
VARIANCES REQUESTED: None
STATEMENT OF PROPOSAL:
PROPOSED USES: Office
Proposed is the development of a 2 -story, 4,200 square foot
office building on a 0.25 acre tract. The building is to be
located at the rear of the property, with 10 foot rear and side
yard setbacks, and will occupy approximately 19% of the site.
The parking is to be at the front of the site, with parking for
12 vehicles being provided. Parking lot lighting will be
building mounted, and fixtures will be floodlights with glare
control devices. A monument sign is proposed to be located
immediately behind the front property line, with the size to meet
the City standards. Landscaping and fencing, as required by the
Landscape Ordinance are proposed to be met, with a wood "good
neighbor" fence to be located on the property line on the rear
and on both sides. A landscape irrigation system is to be
installed. The applicant requests approval of all uses listed as
uses by right in the 0-2 zoning district.
A. PROPOSAL RE VEST:
The applicant requests a Planned Office Development in order
to construct a 2 -story, 4,200 square foot office building on
a 0.25 acre tract. The building is to be located at the
rear of the tract, with 10 foot rear and side yard setbacks
indicated. The parking is to be located to the north of the
building, between the building and Highway 10, and parking
for 12 vehicles is provided. The requirements for
landscaping and perimeter fencing are proposed to be met.
All uses by right as listed in the 0-2 zoning district are
requested by the applicant for the POD.
FILE NO.: Z-5852 (Continued)
B.
C.
EXISTING CONDITIONS:
The site is on the south side of Highway 10, immediately
east of the Panky neighborhood area. The existing zoning is
R-2, with the surrounding area being exclusively R-2. The
site is slightly depressed in elevation from the elevation
of Highway 10, and has had considerable fill material placed
on it over the last several years.
ENGINEERING UTTLITY COMMENTS:
Public Works comments that the site, including the area at
the rear of the site which is apparently in the flood plain,
was filled illegally a number of years ago. The fill is
reported to have covered lumber from a razed structure and
felled trees. The apparently code violations must be
addressed. An engineering study must be conducted on the
flood prone portion of the site. The proposed driveway must
be realigned so that it is 900 to Cantrell Road. A sidewalk
must be constructed along the Cantrell Road frontage.
Little Rock Water Works reports that they have no objection
to the proposed building. They report that there is an
existing 5/8" meter serving this site.
Little Rock Wastewater Utility reports that a sewer main
extension, with easements, will be required to provide sewer
service to the site.
Arkansas Power and Light Co. will require easements. They
indicate that a 15 foot wide easement along all four sides
of the site will be required.
Arkansas Louisiana Gas Co. approved the submittal without
comment.
Southwestern Bell Telephone Co. will require easements.
They indicate that a 15 foot wide easement along the east,
west, and south property lines will be required.
The Little Rock Fire Department approved the submittal
without comment.
Landscape review reports that the Highway 10 Overlay
requires a 40 foot wide landscape buffer along Cantrell Road
and a 25 foot wide buffer along the southern, eastern, and
western perimeters. A sprinkler system to water required
plantings must be provided. The proposed landscaping is in
compliance with the Landscape Ordinance.
0a
FILE NO_: Z-5852 Continued
D. ISSUES LEGAL TECHNICAL DESIGN:
The planning staff reports that the site is in the River
Mountain Planning District, and the Land Use Plan recommends
"transition zone" for the site. The proposed use, then, is
consistent with the adopted plan. The planning staff
cautions, though, that there are issues related to the
Highway 10 overlay which must be dealt with.
The parking requirements for general and professional office
uses is 1 space per 400 square feet. This building, at
4200 square feet would be required to provide 11 spaces.
The proposal includes the provision for 12 spaces.
The 0-2 zoning district require front, side, and rear yard
setbacks of at least 25 feet. This site is proposed to have
10 foot side and rear setbacks.
E. ANALYSIS•
There are serious concerns from staff regarding the material
buried on the site and the acceptability of the method and
material used to fill the site. There are concerns about
the location of the flood prone area, and there is a need
for completion of a study to determine whether a flood plain
exists on the property.
The proposed building is a 2 -story building, sitting just
10 feet from the sides and rear property lines. As tall as
end walls and the roof will be to the property lines, there
is too much building mass without adequate setback. The 0-2
zoning district requires 25 foot setbacks on a minimum 2 -
acre site. The POD is not bound by these restrictions, but
the rear and side setback requirements may be used as a
guideline.
F. STAFF RECOMMENDATIONS:
Staff recommends denial of the application as presented.
SUBDIVISION COMMITTEE COMMENT:
(JULY 7, 1994)
The applicant, Mr. Butch Penney, and the landscape architect,
Mr. Bryan Minyard, were present. Staff outlined the scope of the
proposed project. The Committee reviewed with Mr. Penney and
Mr. Minyard the comments provided in the discussion outline. The
Committee discussed the various deficiencies and comments, then
forwarded the item to the Commission for the public hearing.
3
FILE NO.: Z-5$52 (Continued)
PLANNING COMMISSION ACTION: (JULY 26, 1994)
Staff reported that the original notices sent to property owners
within 200 feet of the proposed POD had indicated that the
Commission meeting would be held at 5:30, but that corrected
notices had been mailed on July 22. Staff advised the Commission
that a bylaws waiver would be necessary, since the provision of
the bylaws which requires 15 days notice was not met.
Staff reiterated the staff concerns regarding the proposal: that
the building is too large for the site, and that only 10 foot
side and rear yard setbacks are proposed; that the site was, in
the past, improperly filled and the fill material used was
improper; and, the site plan does not deal with the stormwater
run-off onto abutting properties which are substantially lower in
elevation than the now -filled site. Staff reported that the
flood plain issue, which had been cited earlier as a concern, had
been resolved when the engineering data submitted had indicated
that the flood plain does not affect the site.
Mr. Brian Minyard, representing the applicant, presented the
proposal, indicating that the building was sited as it was to
meet the Highway 10 design overlay setback requirements. He said
that landscaping and parking requirements had been met, and that
there was a need for the size of building proposed. He related
that the applicant's son had graduated from dental school, and
that the applicant was proposing to construct a dental office for
his son. He said that the second story was to be used for lease
space.
Mr. J. A. Penney, the applicant, reiterated that he planned to
build his son an office for his dental practice, and to use the
second floor as lease space. He explained that unauthorized fill
material which had contained landscape timbers had been placed on
the site by someone, but that he had removed these timbers. He
assured the Commission that he would construct a sound, properly
engineered building on the site.
Commissioner McDaniel asked Mr. Penney to address the staff
concerns regarding the building being too close to the side and
rear property lines.
Mr. Penney offered to change the building from a full 2 -story
building to a 1 1/2 story building, indicating that the height of
the building would be reduced by approximately 12 feet. He
explained that with a 1 1/2 story building, the roof begins at
the first floor ceiling line, and that the second floor walls are
formed by the roof. This, he explained, would make the building
appear less massive and look more like a 1 -story building.
4
FILE NO.: Z-5852 Continued
A motion was made and seconded to approve the POD, with the
stipulation that the building be a 1 1/2 story office building.
The motion also contained a provision to waive the bylaws notice
provision. The motion carried with the vote of 7 ayes, 1 nay,
2 absent, 0 abstentions, and 1 open position.
5