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HomeMy WebLinkAboutZ-5984-B Staff AnalysisFILE NO.: Z -5984-B NAME: 5201 Jerry Drive and Lot 4 Hoggard's Addition Short -form POD LOCATION: Located at 5201 Jerry Drive DEVELOPER: IBC, LLC and MC Investments LLC 116 N. First Street Jacksonville, AR 72076 FNC;INFFR- Thomas Engineering Company 3810 Lookout North Little Rock, AR 72116 AREA: 0.87 acres NUMBER OF LOTS: 1 Zoning Lot FT. NEW STREET: 0 LF CURRENT ZONING: POD ALLOWED USES: Office PROPOSED ZONING: Revised POD PROPOSED USE: Real Estate Office, Financial Planning, General and Professional Office VARIANCESM/AIVERS REQUESTED: None requested. BACKGROUND: An application was filed for the June 27, 1995, Planning Commission public hearing to allow a Conditional Use Permit for the site to allow the residential structure to convert to a private school serving 20 students with a staff of six (6). During the review process it was determined the proposed use of the property was in conflict with the Bill of Assurance for the subdivision. The applicant was unable to resolve the Bill of Assurance issues and the request was withdrawn prior to the Commission acting on the request. Ordinance No. 17,932 adopted by the Little Rock Board of Directors on February 16, 1999, rezoned the site from R-2, Single-family to PD -O. The approval allowed the use of the existing structure as a real estate office. No exterior changes to the structure FILE NO.: Z -5984-B Cont. were proposed; only interior modifications. A new parking area containing five (5) parking spaces was proposed between the building and Jerry Drive with an additional five (5) parking spaces on the east side (rear) of the building. A single drive from Jerry Drive was approved. On the approved plan a vacant area on the south side of the parking and drive was indicated. The applicant noted the area was reserved for future construction of an office building similar in size to the existing structure. The approval stated at the time of development a site plan would be required for review and approval as a modification to the PD -O. The approved office hours of operation were from 8:00 am to 6:00 pm Monday through Friday with a staff person in the office from 9:00 am to 5:00 pm on Saturday and 1:00 pm to 5:00 pm on Sunday to answer the phones. A. PROPOSAUREQUEST: The applicant is seeking approval of a revised PD -O to provide the required site plan for the southern lot. The site contains two lots with approximately 38,000 square feet of total lot area. The site plan indicates the construction of a new single -story building on the southern lot containing 4,000 square feet. The existing structure contains approximately 2,050 square feet. The site plan indicates the construction of fourteen (14) new parking spaces. The existing development contains eight (8) parking spaces for a total of twenty-two (22) spaces. The Bill of Assurance for the Subdivision is dated November 1958, and states The Covenants and restriction are to run with the land and shall be binding upon all parties and all persons claiming under then until January 1, 1999, at which time said covenants and restrictions shall terminate unless a majority in area of then owners of the lots in said addition agree in writing to extend said covenants and restrictions either in whole or in part. The original covenants prohibited the use of the property for any use other than single-family. It does not appear the covenants were extended. B_ EXISTING CONDITIONS: The site contains an existing one-story structure with approximately 2,000 square feet currently being used as a real estate office. There is vegetation located along the eastern property line. A church is located across Jerry Drive to the west, with single-family residences to the south and east. The back yards of the Westbury Subdivision abut this site. A branch bank facility is located immediately north of the site, with other commercial uses located along Cantrell Road. Jerry Drive is a residential street recently resurfaced by the City. There is not a sidewalk in place adjacent to this site. There is a second drive located from Jerry Drive to the southern lot which contains a large graveled parking area. 2 FILE NO.: Z -5984-B (Cont.) C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a few informational phone calls from the 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 Coalition of West Little Rock Neighborhoods, the Secluded Hills Property Owners Association and the Westbury Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The lots must share a single driveway. The proposed driveway on the south cannot be installed. The width of driveway must not exceed 36 feet. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: No comment received. Center -Point Enerav: No comment received. 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. A Capital Investment Charge based on the size of meter connection(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. Contact Central Arkansas Water regarding the size and location of the water meter. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer's expense. Fire Department: Fire hydrants will be required. Contact the Little Rock Fire Department for additional information. Countv Planning: No comment. CATA: The site is located near CATA Bus Route #25 — the Highway 10 Express Route. 3 FILE NO.: Z-5984-8 Cont. F. ISSUES/TECHNICAL/DESIGN- Plannin Division: This request is located in the River Mountain Planning District. The Land Use Plan shows Suburban Office for this property. The applicant has applied for a Planned Office Development. The Suburban Office land use category requires a Planned Development. The proposed land uses in the Planned Development are consistent with the Suburban Office Category. Master Street Plan: Jerry Drive is a Local Street on the Master Street Plan. The primary function of a -Local Street is to provide access to adjacent properties. Local Streets which are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as "Commercial Streets". These streets have a design standard the same as a Collector. The 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 along Jerry Drive. Neighborhood Action Plan: This area is covered by the River Mountain Neighborhood Plan, but the Plan does not have any recommendations relevant to this request. Landscape. 1. Site plan must comply with the City's minimal landscape and buffer ordinance requirements. 2. The zoning buffer ordinance requires a nine foot (9') wide land use buffer around the southern and eastern perimeters of the site; next to the residentially zoned property. Seventy percent (70%) of this area must remain undisturbed. 3. The landscape ordinance requires a nine foot (9') wide landscape strip around the sites entirety. A portion of the proposed/existing driveway encroaches into this minimal area. A variance from this minimal amount must be obtained from the City Beautiful Commission prior to the issuance of a building permit. 4. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the southern, and eastern perimeters of the site. Credit towards fulfilling this requirement can be given for existing trees and undergrowth that satisfies this year -around requirement. 5. Areas set aside for buffers and landscaping appear to meet with minimal City requirements. 0 FILE NO.: Z -5984-B (Cont. G. SUBDIVISION COMMITTEE COMMENT: (November 12, 2009) Mr. David Carpenter was present representing the request. Staff presented the item stating the property was zoned PD -0 to allow for the use of the existing building as a real estate office and indicated this lot for future development. Staff stated the previous approval did not include a site plan and was required review by the Commission and Board of Directors prior to development. Staff questioned the rear access drive located on the southern lot. Staff stated they had concerns with allowing activity in this area due to the proximity of the homes in Westbury. Staff questioned the days and hours of operation. Staff provided Mr. Carpenter with the previously approved hours of operation. Mr. Carpenter stated he felt the hours would vary slightly from the previous approval. Staff requested he provide the revised hours in an updated cover letter. Staff questioned the purpose of the wood deck located on the northern lot. Mr. Carpenter stated he was not sure but he felt the current owners used the deck to allow employees outdoor seating for lunch or an area to take a break and get out of the office. Staff stated the adjacent church had called and requested no outdoor activities such as lawn care take place during worship hours. Mr. Carpenter stated this would not be an issue. Public Works comments were addressed. Staff stated the drives did not match the minimum spacing requirements of the Master Street Plan or the Subdivision Ordinance. Staff stated the lots should share a drive and the southern drive be removed. Commissioner Laha stated he did not agree with Public Works on this comment. He stated there were two existing platted lots and he felt the owner was due right of access. Landscaping comments were addressed. Staff stated screening was required along the southern and eastern perimeters. Staff stated a portion of the eastern drive encroached into the minimum landscape buffer strip. Staff stated any new drive construction within the buffer area would require a variance from City Beautiful Commission. 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: Mr. Carpenter submitted a revised site plan to staff addressing issues raised at the November 12, 2009, Subdivision Committee meeting. The revised plan has removed the driveway from the rear of the building, removed the southern driveway on Jerry Drive and eliminated the encroachment within the eastern buffer of the existing and proposed paving. 5 FILE NO.: Z -5984-B Cont. The previous approval allowed for future development of the southern lot with an office use. The applicant is proposing the construction of a 4,000 square foot office building to be used as a real estate office and administrative offices for Flis Enterprises, Inc., a Burger King Franchisee. Flis Enterprises, Inc. occasionally stores small restaurant equipment items such as coffee makers or drink machines within the building. Staff is supportive of allowing a limited amount of this type storage but does not support this site becoming an office/warehouse facility. The site plan indicates a drive located on the southern perimeter of the site to allow a side access to the rear of the building for the purpose of moving these small items in and out of the building. The request includes general and professional office uses as alternate uses for the southern building. The northern building is proposed as a financial advisory office with general and professional office uses as allowable alternate uses for the building. The days and hours of operation proposed for the site are from 7:00 am to 8:00 pm Monday through Friday, 9:00 am to 6:00 pm Saturday and 1:00 to 5:00 pm on Sunday. The justification for the extended hours of operation are many of the clients of the financial planner cannot come into the office until after their work hours, which is often 5:00 pm. The volume of traffic is minimum and typically only one to two clients at a time. The site plan indicates the placement of a single dumpster on the site located near the eastern perimeter. The applicant has limited the hours of service to Monday through Friday during daylight hours. The applicant has indicated lawn service will also be limited to daylight hours but may include Saturday service if necessary. The existing structure contains approximately 2,050 square feet and the new structure is proposed containing 4,000 square feet. The typical minimum parking required for an office development of this size would be 15 parking spaces. The site plan is indicated with 26 spaces. There are two signs indicated on the site plan. The existing sign located on the northern lot and a future sign to serve the southern lot. The signage requested is consistent with signage allowed in office zones or a maximum of six feet in height and sixty-four square feet in area. Building signage will also comply with signage allowed in office zones or no more than ten percent of the fagade area abutting the public street. The plan indicates a land use buffer along the southern and eastern perimeters of nine feet. The street buffer is proposed at 9.45 feet. The applicant has indicated the existing paving encroachment will be removed from the buffer area and any future paving will not be constructed within the buffer area. The entirety of the eastern land use buffer is located within a 10 -foot sewer, utility and IN FILE NO.: Z -5984-B Cont. drainage easement. The buffer ordinance typically does not allow easements to count in computing the depth of the land use buffer in developments abutting single-family or two-family zoned or used property. A screening fence is proposed along the eastern perimeter. The fence is proposed as a wooden privacy fence six feet in height. Staff is supportive of the request and the allowance of the land use buffer to be contained within the easement. The previous approval allowed for the land use buffer to be within the easement and this does not appear to have impacted the adjoining properties. Staff recommends the applicant work with the -Plans Development Administrator within the Planning Department to select plant materials that can be planted within the easement. Otherwise to staff's knowledge there are no remaining outstanding technical issues associated with the request. Staff feels the development of the site with the single story office building should have minimal impact on the adjoining properties. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends approval of the allowance of the eastern land use buffer to be within the drainage and utility easement. PLANNING COMMISSION ACTION: (DECEMBER 3, 2009) The applicant was present. There were registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff also presented a recommendation to allow the eastern land use buffer to be within the drainage and utility easement. Mr. David Carpenter addressed the Commission as the applicant. He stated he did not have anything additional to add to the staff presentation. He stated the developers had worked with staff to modify the plan to address staff's concerns. He stated the development was complying with the staff recommendations. He requested to reserve his remaining time for rebuttal. Mr. Howard Ostendorft addressed the Commission in opposition of the request. He stated he was the president of the Westbury Neighborhood Association and was speaking on behalf of the association in opposition of the request. He stated the neighborhood had voted unanimously to oppose the request. He presented the Commission with a petition representing 26 households within the neighborhood opposed to the request. He stated the neighborhood was requesting the property be rezoned to residential and remove the commercial development potential for the site but 7 FILE NO.: Z -5984-B (Cont. understood this was not an option. He stated a six-foot fence was not acceptable. He stated a six-foot fence would not offer any security to the adjacent homes. He stated the existing buffer would be removed to add the fence along the property line. He stated the neighborhood was also concerned with lighting, noise and the increase in traffic. He stated the lot located to the south of the commercial area was a wooded residential lot. He stated the residents located behind Bank of America were impacted because of the noise from the ATM and the lighting from the bank site. He stated the neighborhood had concerns with the placement of a dumpster on the property line. He stated dumpsters typically attracted rodents which would become a nuisance to the neighborhood. Mr. Carpenter addressed the Commission stating the building was proposed as a brick building constructed in a residential style. He stated there would be no pole lighting on the site. He stated the site lighting would be no more than a typical residential home. He stated a portion of the buffer would be removed to allow the fence to be installed. He stated all the hardwoods would be saved during the development of the site. He stated the developers did not desire to place an eight -foot fence on the property line unless this was a requirement of all developments within the City. He stated the office would not generate a great deal of trash and there would be no food trash produced from the site unless it was someone's left over lunch. There was a general discussion by the Commission concerning the fencing and fence heights. Mr. Carpenter stated the buffer and screening ordinance required the placement of a six foot fence on the property line. Mr. Carpenter stated he did not desire to place a taller fence unless this was a requirement of all developments. The Commission questioned the cost per square foot of the new office building. Mr. Carpenter stated the cost was approximately $186.00 per square foot. The Commission questioned site lighting. Mr. Carpenter stated no pole lighting would be located on the site. The Commission questioned if the hours of dumpster service were limited. Mr. Carpenter stated the hours of dumpster service were limited to daylight hours Monday through Friday. 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 7 ayes, 2 noes, 0 absent and 2 open positions. 0 December 3, 2009 ITEM NO.: 10 FILE NO.: Z -5984-B NAME: 5201 Jerry Drive and Lot 4 Hoggard's Addition Short -form POD LOCATION: Located at 5201 Jerry Drive DEVELOPER: IBC, LLC and MC Investments LLC 116 N. First Street Jacksonville, AR 72076 ENGINEER: Thomas Engineering Company 3810 Lookout North Little Rock, AR 72116 AREA: 0.87 acres NUMBER OF LOTS: 1 Zoning Lot FT. NEW STREET: 0 LF CURRENT ZONING: POD ALLOWED USES; Office PROPOSED ZONING: Revised POD PROPOSED USE: Real Estate Office, Financial Planning, General and Professional Office VARIANCESANAIVERS REQUESTED: None requested. BACKGROUND: An application was filed for the June 27, 1995, Planning Commission public hearing to allow a Conditional Use Permit for the site to allow the residential structure to convert to a private school serving 20 students with a staff of six (6). During the review process it was determined the proposed use of the property was in conflict with the Bill of Assurance for the subdivision. The applicant was unable to resolve the Bill of Assurance issues and the request was withdrawn prior to the Commission acting on the request. Ordinance No. 17,932 adopted by the Little Rock Board of Directors on February 16, 1999, rezoned the site from R-2, Single-family to PD -O. The approval allowed the use of the existing structure as a real estate office. No exterior changes to the structure December 3, 2009 SUBDIVISION ITEM NO.: 1 FILE NO.: Z -5984-B were proposed; only interior modifications. A new parking area containing five (5) parking spaces was proposed between the building and Jerry Drive with an additional five (5) parking spaces on the east side (rear) of the building. A single drive from Jerry Drive was approved. On the approved plan a vacant area on the south side of the parking and drive was indicated. The applicant noted the area was reserved for future construction of an office building similar in size to the existing structure. The approval stated at the time of development a site plan would be required for review and approval as a modification to the PD -O. The approved office hours of operation were from 8:00 am to 6:00 pm Monday through Friday with a staff person in the office from 9:00 am to 5:00 pm on Saturday and 1:00 pm to 5:00 pm on Sunday to answer the phones. A. PROPOSAUREQUEST: The applicant is seeking approval of a revised PD -O to provide the required site plan for the southern lot. The site contains two lots with approximately 38,000 square feet of total lot area. The site plan indicates the construction of a new single -story building on the southern lot containing 4,000 square feet. The existing structure contains approximately 2,050 square feet. The site plan indicates the construction of fourteen (14) new parking spaces. The existing development contains eight (8) parking spaces for a total of twenty-two (22) spaces. The Bill of Assurance for the Subdivision is dated November 1958, and states The Covenants and restriction are to run with the land and shall be binding upon all parties and all persons claiming under then until January 1, 1999, at which time said covenants and restrictions shall terminate unless a majority in area of then owners of the lots in said addition agree in writing to extend said covenants and restrictions either in whole or in part. The original covenants prohibited the use of the property for any use other than single-family. It does not appear the covenants were extended. B. EXISTING CONDITIONS: The site contains an existing one-story structure with approximately 2,000 square feet currently being used as a real estate office. There is vegetation located along the eastern property line. A church is located across Jerry Drive to the west, with single-family residences to the south and east. The back yards of the Westbury Subdivision abut this site. A branch bank facility is located immediately north of the site, with other commercial uses located along Cantrell Road. 2 December 3, 2009 SUBDIVISION ITEM NO.: 10 Cont. FILE NO.: Z -5984-B Jerry Drive is a residential street recently resurfaced by the City. There is not a sidewalk in place adjacent to this site. There is a second drive located from Jerry Drive to the southern lot which contains a large graveled parking area. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a few informational phone calls from the 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 Coalition of West Little Rock Neighborhoods, the Secluded Hills Property Owners Association and the Westbury Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The lots must share a single driveway. The proposed driveway on the south cannot be installed. The width of driveway must not exceed 36 feet. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Enter : No comment received. Center -Point Energy: No comment received. 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. A Capital Investment Charge based on the size of meter connection(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. Contact Central Arkansas Water regarding the size and location of the water meter. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer's expense. Fire Department: Fire hydrants will be required. Contact the Little Rock Fire Department for additional information. 3 December 3, 2009 SUBDIVISION ITEM NO.: 10 Cont_ FILE NO.: Z -5984-B County Planning: No comment. CATA: The site is located near CATA Bus Route #25 — the Highway 10 Express Route. F. ISSUES/TECHNICAL/DESIGN: 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 applied for a Planned Office Development. The Suburban Office land use category requires a Planned Development. The proposed land uses in the Planned Development are consistent with the Suburban Office Category. Master Street Plan: Jerry Drive is a Local Street on the Master Street Plan. The primary function of a Local Street is to provide access to adjacent properties. Local Streets which are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as "Commercial Streets". These streets have a design standard the same as a Collector. The 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 along Jerry Drive. Nei hborhood Action Plan: This area is covered by the River Mountain Neighborhood Plan, but the Plan does not have any recommendations relevant to this request. Landscape: 1. Site plan must comply with the City's minimal landscape and buffer ordinance requirements. 2. The zoning buffer ordinance requires a nine foot (9) wide land use buffer around the southern and eastern perimeters of the site; next to the residentially zoned property. Seventy percent (70%) of this area must remain undisturbed. 3. The landscape ordinance requires a nine foot (9) wide landscape strip around the sites entirety. A portion of the proposed/existing driveway encroaches into this minimal area. A variance from this minimal amount must be obtained from the City Beautiful Commission prior to the issuance of a building permit. ►,i December 3, 2009 SUBDIVISION ITEM NO.: 10 (Co FILE NO.: Z -5984-B 4. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the southern, and eastern perimeters of the site. Credit towards fulfilling this requirement can be given for existing trees and undergrowth that satisfies this year -around requirement. 5. Areas set aside for buffers and landscaping appear to meet with minimal City requirements. G. SUBDIVISION COMMITTEE COMMENT; (November 12, 2009) Mr. David Carpenter was present representing the request. Staff presented the item stating the property was zoned PD -O to allow for the use of the existing building as a real estate office and indicated this lot for future development. Staff stated the previous approval did not include a site plan and was required review by the Commission and Board of Directors prior to development. Staff questioned the rear access drive located on the southern lot. Staff stated they had concerns with allowing activity in this area due to the proximity of the homes in Westbury. Staff questioned the days and hours of operation. Staff provided Mr. Carpenter with the previously approved hours of operation. Mr. Carpenter stated he felt the hours would vary slightly from the previous approval. Staff requested he provide the revised hours in an updated cover letter. Staff questioned the purpose of the wood deck located on the northern lot. Mr. Carpenter stated he was not sure but he felt the current owners used the deck to allow employees outdoor seating for lunch or an area to take a break and get out of the office. Staff stated the adjacent church had called and requested no outdoor activities such as lawn care take place during worship hours. Mr. Carpenter stated this would not be an issue. Public Works comments were addressed. Staff stated the drives did not match the minimum spacing requirements of the Master Street Plan or the Subdivision Ordinance. Staff stated the lots should share a drive and the southern drive be removed. Commissioner Laha stated he did not agree with Public Works on this comment. He stated there were two existing platted lots and he felt the owner was due right of access. Landscaping comments were addressed. Staff stated screening was required along the southern and eastern perimeters. Staff stated a portion of the eastern drive encroached into the minimum landscape buffer strip. Staff stated any new drive construction within the buffer area would require a variance from City Beautiful Commission. 5 December 3, 2009 SUBDIVISION ITEM NO.: 10(Cont.)FILE NO.: Z -5984-B 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: Mr. Carpenter submitted a revised site plan to staff addressing issues raised at the November 12, 2009, Subdivision Committee meeting. The revised plan has removed the driveway from the rear of the building, removed the southern driveway on Jerry Drive and eliminated the encroachment within the eastern buffer of the existing and proposed paving. The previous approval allowed for future development of the southern lot with an office use. The applicant is proposing the construction of a 4,000 square foot office building to be used as a real estate office and administrative offices for Flis Enterprises, Inc., a Burger King Franchisee. Flis Enterprises, Inc. occasionally stores small restaurant equipment items such as coffee makers or drink machines within the building. Staff is supportive of allowing a limited amount of this type storage but does not support this site becoming an office/warehouse facility. The site plan indicates a drive located on the southern perimeter of the site to allow a side access to the rear of the building for the purpose of moving these small items in and out of the building. The request includes general and professional office uses as alternate uses for the southern building. The northern building is proposed as a financial advisory office with general and professional office uses as allowable alternate uses for the building. The days and hours of operation proposed for the site are from 7:00 am to 8:00 pm Monday through Friday, 9:00 am to 6:00 pm Saturday and 1:00 to 5:00 pm on Sunday. The justification for the extended hours of operation are many of the clients of the financial planner cannot come into the office until after their work hours, which is often 5:00 pm. The volume of traffic is minimum and typically only one to two clients at a time. The site plan indicates the placement of a single dumpster on the site located near the eastern perimeter. The applicant has limited the hours of service to Monday through Friday during daylight hours. The applicant has indicated lawn service will also be limited to daylight hours but may include Saturday service if necessary. L December 3, 2009 SUBDIVISION ITEM NC.: 10 (Cont. FILE NO.: Z -5984-B The existing structure contains approximately 2,050 square feet and the new structure is proposed containing 4,000 square feet. The typical minimum parking required for an office development of this size would be 15 parking spaces. The site plan is indicated with 26 spaces. There are two signs indicated on the site plan. The existing sign located on the northern lot and a future sign to serve the southern lot. The signage requested is consistent with signage allowed in office zones or a maximum of six feet in height and sixty-four square feet in area. Building signage will also comply with signage allowed in office zones or no more than ten percent of the facade area abutting the public street. The plan indicates a land use buffer along the southern and eastern perimeters of nine feet. The street buffer is proposed at 9.45 feet. The applicant has indicated the existing paving encroachment will be removed from the buffer area and any future paving will not be constructed within the buffer area. The entirety of the eastern land use buffer is located within a 10 -foot sewer, utility and drainage easement. The buffer ordinance typically does not allow easements to count in computing the depth of the land use buffer in developments abutting single-family or two-family zoned or used property. A screening fence is proposed along the eastern perimeter. The fence is proposed as a wooden privacy fence six feet in height. Staff is supportive of the request and the allowance of the land use buffer to be contained within the easement. The previous approval allowed for the land use buffer to be within the easement and this does not appear to have impacted the adjoining properties. Staff recommends the applicant work with the Plans Development Administrator within the Planning Department to select plant materials that can be planted within the easement. Otherwise to staffs knowledge there are no remaining outstanding technical issues associated with the request. Staff feels the development of the site with the single story office building should have minimal impact on the adjoining properties. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends approval of the allowance of the eastern land use buffer to be within the drainage and utility easement. 7 December 3, 2009 SUBDIVISION ITEM NO.: 10 Cont. FILE NO.: Z-5984-8 PLANNING COMMISSION ACTION: (DECEMBER 3, 2009) The applicant was present. There were registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff also presented a recommendation to allow the eastern land use buffer to be within the drainage and utility easement. Mr. David Carpenter addressed the Commission as the applicant. He stated he did not have anything additional to add to the staff presentation. He stated the developers had worked with staff to modify the plan to address staff's concerns. He stated the development was complying with the staff recommendations. He requested to reserve his remaining time for rebuttal. Mr. Howard Ostendorft addressed the Commission in opposition of the request. He stated he was the president of the Westbury Neighborhood Association and was speaking on behalf of the association in opposition of the request. He stated the neighborhood had voted unanimously to oppose the request. He presented the Commission with a petition representing 26 households within the neighborhood opposed to the request. He stated the neighborhood was requesting the property be rezoned to residential and remove the commercial development potential for the site but understood this was not an option. He stated a six-foot fence was not acceptable. He stated a six-foot fence would not offer any security to the adjacent homes. He stated the existing buffer would be removed to add the fence along the property line. He stated the neighborhood was also concerned with lighting, noise and the increase in traffic. He stated the lot located to the south of the commercial area was a wooded residential lot. He stated the residents located behind Bank of America were impacted because of the noise from the ATM and the lighting from the bank site. He stated the neighborhood had concerns with the placement of a dumpster on the property line. He stated dumpsters typically attracted rodents which would become a nuisance to the neighborhood. Mr. Carpenter addressed the Commission stating the building was proposed as a brick building constructed in a residential style. He stated there would be no pole lighting on the site. He stated the site lighting would be no more than a typical residential home. He stated a portion of the buffer would be removed to allow the fence to be installed. He stated all the hardwoods would be saved during the development of the site. He stated the developers did not desire to place an eight -foot fence on the property line unless this was a requirement of all developments within the City. He stated the office would not generate a great deal of trash and there would be no food trash produced from the site unless it was someone's left over lunch. LV December 3, 2009 SUBDIVISION ITEM NO.: FILE NO.: Z -5984-B There was a general discussion by the Commission concerning the fencing and fence heights. Mr. Carpenter stated the buffer and screening ordinance required the placement of a six foot fence on the property line. Mr. Carpenter stated he did not desire to place a taller fence unless this was a requirement of all developments. The Commission questioned the cost per square foot of the new office building. Mr. Carpenter stated the cost was approximately $186.00 per square foot. The Commission questioned site lighting. Mr. Carpenter stated no pole lighting would be located on the site. The Commission questioned if the hours of dumpster service were limited. Mr. Carpenter stated the hours of dumpster service were limited to daylight hours Monday through Friday. 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 7 ayes, 2 noes, 0 absent and 2 open positions. 0 ITEM NO.: 10. Z NAME: 5201 Jerry Drive and Lot 4 Hoggard's Addition Short -form POD LOCATION: located at 5201 Jerry Drive Planning Staff Comments: 1. Provide notification of all 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 November 19, 2009. The Office of Planning and Development must receive the proof of notice no later than November 25, 2009. 2. Provide the area proposed for addition to the existing structure on the site plan. 3. Provide the location of the proposed dumpster facilities on the site plan. 4. The cover letter indicates the property is zoned C-1 which is incorrect. The approval allowed for a real estate office use of the existing structure located at 5201 Jerry Drive. Provide details of the proposed uses of each of the buildings. 5. The previously approved days and hours of operation are from 8 am to 5 pm Monday through Friday. One staff persons in the office on Saturday from 9 am to 5 pm and Sunday from 1 pm to 5 pm. Will the previously approved hours of operation change? 6. What is the purpose of the drive extending to the rear of the southern building? 7. Provide details of the proposed signage including building signage and ground signage. 8. What is the purpose of the wood deck located on the northern parcel. VarianceA[Vaivers: None requested. Public Works Conditions: Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The lots must share a single driveway. The proposed driveway on the south cannot be installed. The width of driveway must not exceed 36 feet. Utilities and Fire Department/County Planning: Wastewater: Sewer available to this project. Entergy: No comment received. Center -Paint Enerav: no comment received. AT & T: No comment received. Item # 10. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. A Capital Investment Charge based on the size of meter connection(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. Contact Central Arkansas Water regarding the size and location of the water meter. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer's expense. Fire Department: Fire Hydrants will be required. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is located near CATA Bus Route #25 — the Highway 10 Express Route. 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 applied for a Planned Office Development. The Suburban Office land use category requires a Planned Development. The proposed land uses in the Planned Development are consistent with the Suburban Office Category. Master Street Plan: Jerry Drive is a Local Street on the Master Street Plan. The primary function of a Local Street is to provide access to adjacent properties. Local Streets which are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as "Commercial Streets". These streets have a design standard the same as a Collector. The 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 along Jerry Drive. Neighborhood Action Plan: This area is covered by the River Mountain Neighborhood Plan, but the Plan does not have any recommendations relevant to this. Landscape: 1. Site plan must comply with the City's minimal landscape and buffer ordinance requirements. 2. The zoning buffer ordinance requires a nine foot (9') wide land use buffer around the southern and eastern perimeters of the site; next to the residentially zoned property. Seventy percent (70%) of this area must remain undisturbed. 3. The landscape ordinance requires a nine foot (9') wide landscape strip around the sites entirety. A portion of the proposed/existing driveway encroaches into this minimal area. A variance from this minimal amount must be obtained from the City Beautiful Commission prior to the issuance of a building permit. 4. What are the plans for the existing wooden deck in this minimal landscape and minimal buffer area? 5. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the southern, and Item # 10. i eastern perimeters of the site. Credit towards fulfilling this requirement can be given for existing trees and undergrowth that satisfies this year -around requirement. 6. Areas set aside for buffers and landscaping appear to meet with minimal City requirements. 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, November 19, 2009. Item # 10.