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HomeMy WebLinkAboutZ-6120-H Staff AnalysisFILE NO.: Z -6120-H NAME: Capitol Hills Apartments Revised PD -R LOCATION: On the southwest corner of Capitol Hills Boulevard and Rushmore Avenue DEVELOPER: Jay DeHaven 10650 Maumelle Blvd. Maumelle, AR 72113 Fnl(,IKIPPP. White-Daters and Associates #24 Rahling Circle Little Rock, AR 72223 AREA: 31.85 Acres CURRENT ZONING: ALLOWED USES PROPOSED ZONING: NUMBER OF LOTS: 3 FT. NEW STREET: 0 PD -R, Planned Development - Residential Multi -family; 16.57 units per acre Revised PD -R PROPOSED USE: Multi -family; 16.57 units per acre — placement of 2 trash compactors on the site (one on Lot 1 and one on Lot 3) VARIANCESMAIVERS REQUESTED: None requested. BACKGROUND: On June 20, 1996 the Planning Commission approved a proposal to rezone 42.58± acres from R-2, Single-family to MF -12, Multi -family. The rezoning request was FILE NO.: Z -6120-H (Cont. associated with Capitol Lakes Estates preliminary plat, a 190 + acre development (File No. S-1100). The property shown for Multi -family was located in two tracts lying on either side of the proposed realignment of Cooper Orbit Road (Rushmore Avenue), south of a proposed minor arterial street (Capitol Hills Boulevard). The application was the third version of proposed multi -family zoning associated with Capitol Lakes Estates. The first version consisted of a proposal to zone 31+ acres at the southeast corner of the Capitol Lakes Estates Plat from R-2 to MF -18. Staff was not supportive of the proposed density and the application drew opposition from the residents of Spring Valley Manor Subdivision, which is adjacent to the south. The application was later withdrawn by the applicant at the Planning Commission Public Hearing. The second version consisted of a proposal to zone 33.8+ acres at the intersection of the realigned Cooper Orbit Road and an as yet unnamed minor arterial street (Capitol Hills Boulevard) from R-2 to MF -12. The proposed multi -family property was in two tracts, a 27+ acre tract lying south of the arterial street (Capitol Hills Boulevard) and a 7+ acre tract lying north of the arterial. The multi -family property was moved well north of the Spring Valley Manor Subdivision and residents of that neighborhood supported this version. Staff was also able to recommend approval of the application. The density had been reduced from MF -18 to MF -12. The proposed Multi -family property was basically within the body of the Capitol Lakes Estates plat with only a perimeter relationship to the Oasis Renewal Center on the collector street (Rushmore Avenue) and an arterial street (Capitol Hills Boulevard). There was some opposition to this proposal from the Oasis Renewal Center. The Planning Commission voted to approve this application on April 25, 1996. The applicant continued to work with the Oasis Renewal Center with their concern of locating the 7+ acres of Multi -family property adjacent to their site. After reaching a compromise with the Oasis Center, the applicant withdrew this second application from the Board of Directors' agenda and filed a third version of the proposed rezoning request. The third version consisted of a proposal to zone 42.58+ acres on either side of the proposed realignment of Cooper Orbit Road (Rushmore Avenue) from R-2 to MF -12. The proposed Multi -family property was in two tracts on either side of the new alignment of Cooper Orbit Road, south of the proposed new arterial street (Capitol Hills Boulevard). The 27+ acre tract lying south of the arterial and west of proposed Cooper Orbit Road is the same as in the second (approved) application. The 7+ acres which was approved on the north side of the arterial (adjacent to the Oasis property) was moved to a point south of the arterial, on the east side of the proposed alignment of Cooper Orbit Road and increased to 14.81 acres. The 7+ acres on the north side of the arterial (adjacent to the Oasis property) was to remain zoned R-2 and was shown as a "reserved" tract on the Capitol Lakes Estates Preliminary Plat. The Board of Directors adopted Ordinance No. 17,312 rezoning the property from R-2 to MF -12, with conditions, on November 7, 1996. The conditions were as follows: Any development which occurs on the property described as Tract C, that tract located on the east side of Rushmore Avenue was to be limited to 125 dwelling units, Three acres within the property described as Tract C was to be dedicated as Open Space and not developed, Capitol Lakes Estates was not to be developed prior to implementation of 2 FILE NO.: Z -6120-H (Cont. sanitary sewer service, whether brought about through formation of a new sewer improvement district, expansion or the existing sewer improvement district or some other more feasible cooperative alternative, and with respect to that portion of property zoned MF -12 which would front on the newly realigned Cooper Orbit Road, a twenty (20) foot natural buffer was to be maintained along the frontage of the newly aligned Cooper Orbit Road. If it became necessary to regrade the buffer zone, the regraded area within the twenty foot buffer strip was to be replanted to a planting density fifty (50) percent greater than that specified in the Little Rock landscaping ordinance. The rezoning contained Tract A, 27.77 acres, from R-2, Single-family to MF -12 and Tract C, 14.81 acres, from R-2, Single-family to MF -12. Ordinance No. 18,496, in June of 2001, established a PRD titled Village on the Lakes Long -form PRD (this rezoning took a part of Tract C 11.59 acres of the 14.81 acres). The development was proposed to be an attached single-family, townhouse development; 11 buildings with a total of 44 single-family residential dwellings on 11.59 acres located east of the proposed Rushmore Avenue. (A proposed density of 5.3 units per acre.) On July 11, 2002 the Commission reviewed a request to rezone the property on the west side of Rushmore Avenue to Planned Development — Residential to allow the development of a 528 unit apartment complex. The applicant proposed the placement of 904 parking spaces within the development. A separate request was also filed for a property zoned MF -12 and located to the east of the PD -R site. The request to rezone the property to the east from MF -12 to R-2 was also approved on July 11, 2002. Both Ordinances were approved by the Little Rock Board of Directors at their August 20, 2002 Public Hearing. Ordinance No. 18,729 rezoned the MF -12 property to PD -R and Ordinance No. 18,728 rezoned the MF -12 site to R-2. The applicant proposed the PD -R development to be constructed in three phases with 156 units being constructed in Phase of One and Two and 216 units in the third and final phase. Capitol Hills Boulevard and Rushmore Avenue are currently under construction and will be completed with Phase I to allow access to the site. Ordinance No. 18, 898 adopted by the Little Rock Board of Directors on July 15, 2003 approved a revision to allow the creation of a three lot plat to following the previously proposed phasing lines. The applicant indicated all three lots would have public street frontage but access to the public streets only located on Lots 1 and 3. Lot 2 would take access a through cross access easement across Lots 1 and 3. The Lots were numbered according to the previous phase lines. The previous drainage and utility plan did not changed from the original submission. The applicant revised the building placement ever so slightly to allow for landscape strips between lots as required by ordinance. The applicant indicated a cross access parking agreement was not required since each lot has sufficient parking to meet the typical minimum parking demand for multi -family development. 3 FILE NO.: Z -6120-H Cont. A. PROPOSAUREQUEST: The applicant now proposes to revise the previously approved and revised PD -R to allow for the placement of two trash compactors on the site. The applicant wishes to install a trash compactor at either entrance to serve the entire facility. The applicant has indicated a private contractor will service the compactors once a week. The applicant stated with the compactors near the entrance this should allow the driver easy accessibility and minimal disturbance of the residents in the early morning hours when the compactors are serviced. The applicant has indicated the unit will be a mirror to the compactor located at Carrington Park Apartments in West Little Rock. The site plan indicates the compactors will sit in a "service well' below grade, where the residents pull up to a turn -around and throw the trash into the top of the compactor. As indicated on the site plan the sidewalk leading up to the unit will be handicap accessible. The developer is proposing to screen the "service well" with landscaping and the access point will have two wooden doors. The development also destroyed the required land use buffer areas previously proposed on the west and south perimeters of Phase 1 (Lot 1). The request includes a restoration plan for the buffer areas. The Lot 1 (Phase 1) buffer areas were destroyed with grading of the construction area currently underway. The approved site plan included a 30 -foot undisturbed buffer area along the southern and western perimeters of the site. The applicant submitted a proposal to provide an additional 20 -feet of property to the south to be retained in a conservation easement and to replant the destroyed 30 -foot buffer areas at plantings required by the ordinance in cases when no buffer exist. The applicant did propose the placement of three inch caliper trees not the mix of two and three inch trees required by the ordinance and the placement of shrubs in the area. The applicant stated they were unable to secure any additional land area to the west and the proposal included plantings only similar to the plantings proposed to the south. B. EXISTING CONDITIONS: The site is vacant and tree covered with heavy woods surrounding the site. The property is currently zoned PD -R with the remainder of the area being zoned R-2, Single-family. The Oasis Renewal Center is located northeast of the site and the Spring Valley Manor Subdivision is located south of the site. Cooper Orbit Road borders the eastern boundary of the property. The roadway is a narrow unimproved roadway with deep ditches in several locations. Capitol Hills Boulevard and Rushmore Avenue are currently under construction and will be completed with Phase I to allow access to the site. Phase I of the development is also under construction with a majority of the site currently cleared. 4 FILE NO.: Z -6120-H Cont. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received numerous informational phone calls from area residents. The Spring Valley Manor Neighborhood Association, the Gibraltar Heights/Point West/Timber Ridge Neighborhood Association and the Parkway Place Property Owners Association, along with all residents, who could be identified, within 300 feet of the site, and all property owners within 200 feet of the site were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. No comments on trash compactor locations. All previous comments on the site apply. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required, with easements, if service is required for project. Contact Little Rock Wastewater Utility at 688-1414 for additional details. Enter. : Additional easement will be required in Phase II and III as it develops. The exact location cannot be determined at this time. Contact Entergy at 954-5158 for additional details. Center -Point Energy: No comment received. SBC: No comment received. Central Arkansas Water: No objection to change allowing trash compactors. All Central Arkansas Water requirements in effect at the time of request for water service must be met. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department at 918-3752 for additional details. County Planning: No comment received. CATA: No comment received. 5 FILE NO.: Z -6120-H (Cont.) F. ISSUES/TECHNICAL/DESIGN: X Planninq Division: This request is located in the Ellis Mountain Planning District. The Land Use Plan shows Low Density Residential for this property. The applicant has applied for a revision of an existing Planned Residential Development to move the location of dumpsters/trash compactors. This request does not require a change to the Land Use Plan. Citv Recognized Neighborhood Action Plan: The property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. Landscape: The proposed compactors will not intrude into required street buffer width requirements with the transfers allowed by ordinance. The required land use buffers along the southern and western perimeters of this site have been removed in their entirety. An approved restoration plan is required. SUBDIVISION COMMITTEE COMMENT: (August 14, 2003) Mr. Joe White of White-Daters and Associates was present representing the applicant. Staff stated the request involved the placement of two trash compactors on the site in lieu of dumpsters. Staff stated the applicant was requesting to place the compactors adjacent to the two entrances to the development. Staff stated the compactors would be located on Lot 1 or Phase 1 of the development and on Lot 3 or Phase 3. Staff questioned if there was a suitable location outside the entrance locations. Mr. White stated there was not. Mr. White stated the top of the compactor would be at grade thus reducing the unsightliness of the dumpster. He stated the Carrington Park Apartments located in West Little Rock had a similar dumpster set-up and it appeared to be working well. Mr. White stated with the placement of the compactors in this area the residents would be least inconvenienced and would be able to dump there garbage when checking their mail, or conducting business at the office or leaving the site. Comments from other agencies were also discussed. Staff suggested Mr. White contact these agencies individually if there were any questions or concerns. Staff stated there was a problem with the project currently under construction. Staff stated the contractor had destroyed the buffer and extended some feet outside the project area. Staff stated the applicant had submitted a restoration plan which included plantings as required by the ordinance but the trees proposed were three inch caliper trees, which were larger than the required mix of two and three inch caliper trees. Staff stated the applicant was also proposing R FILE NO.: Z -6120-H _Cont. a twenty foot undistributed buffer to the south. Staff stated the buffer to the west was also destroyed and staff had requested additional land be bought for the buffer in this area as well. Staff noted the applicant had contacted the property owner to the west and was unable to secure any additional land to the west. Staff stated they were requesting the applicant double the plantings required by the ordinance and to add an additional thirty feet of undisturbed area to the south. Mr. White questioned why staff was requesting such a large area. Mr. Jim Lawson, Director of Planning and Development, stated the request was a punishment. He noted the ordinance would typically require a forty foot buffer area and the area had been reduced to thirty feet with the previous proposal. He stated that at least seventy percent of the buffer was to remain undisturbed. Mr. Lawson stated the applicant disregarded the ordinances and cleared the buffer area so there should be some punitive damages. Commissioner Rector raised some concerns of the history of the development. He stated regardless of who cleared the buffer area it was the owner's responsibility to ensure it was maintained. He stated he felt staff's request was reasonable. Mr. White was instructed to contact his client and pass along staff's comments and the Committee's concerns. Staff noted a revised plan should be submitted no later than August 20, 2003. 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 to staff addressing most of the issues raised at the Subdivision Committee meeting concerning the location of the trash compactors and the required screening. The applicant has indicated there is not a suitable alternative location and with the currently proposed placement this should have minimal adverse impact on residents when the dumpsters are being serviced. Staff feels although the entrance to the development is not the most desirable location, the servicing of the dumpsters in early morning hours and the potential noise of the garbage truck would negatively impact the residents and concedes to the proposed location. The applicant has not submitted a revised restoration plan to staff but in conversations, the applicant indicated a restoration plan would be submitted to staff outlining staff's requested buffer areas and plantings. Staff would recommend the restoration plan indicate buffers and plantings in the area previously designated as the land use buffer area be planted at double the plantings required by the landscape ordinance. This would include the area to the south and the west on Lot 1 of the development. Staff would also recommend the applicant plant all trees of three inch caliper. Staff also recommends the applicant provide an additional 30 -foot of land to the south to be retained in a conservation easement. Staff would recommend this 30 -feet along with the buffer remaining on Lot 2 be combined with a tract designated south of 7 FILE NO.: Z -6120-H (Cont. Lot 3 to ensure the buffer be maintained in the future. If the 30 -foot is a part of the proposed single-family lots to the south (the proposed 30 -foot is currently indicated as part of lots being proposed for single-family development) there is no assurance that when these lots are developed the buffer will be maintained. To Staffs knowledge there are no outstanding issues associated with the proposed request for the placement of the trash compactors on the site. STAFF RECOMMENDATION: Staff recommends approval of the request as filed subject to compliance with the conditions outlined in paragraphs D, E and F of this report. Staff recommends the applicant submit a restoration plan to include an additional land area of 30 -feet along the southern perimeter of Lot 1, the area be included with the 30 -foot buffer area remaining on Lot 2 and a tract south of Lot 3 and be maintained as a conservation easement; the area previously proposed as the 30 - foot undisturbed buffer area on the south perimeter of Lot 1 be replanted at twice the number of plantings currently required by the Landscape Ordinance with three inch caliper trees and the area along the west property line of Lot 1 be replanted at twice the number of required plantings currently required by the Landscape Ordinance. PLANNING COMMISSION ACTION: (SEPTEMBER 4, 2003) The applicant was present. There were objectors present. Chairman Nunnley stated the Commission's policy had been to allow the applicant a deferral when fewer than nine Commissioners were present. He stated eight Commissioners were remaining and questioned if the applicant desire a deferral. Mr. Andy Franics requested the deferral tc There was no further discussion of the item. the item to the September 18, 2003 Public 8 ayes, 0 noes and 3 absent. the September 18, 2003 Public Hearing. A motion was made and approved to defer Hearing. The motion carried by a vote of PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2003) The applicant was present. There were objectors present. Staff stated there were two issues related to the development the Commission would be considering. Staff stated the first issue was related to the trash compactors on the site. Staff stated the applicant was requesting the placement of two compactors near each of the driveway locations. Staff stated the second issue was related to the 30 -foot buffer, which was identified on the previous plan. Staff stated the buffer was destroyed and the applicant had submitted a restoration plan to try to minimize the damage. Staff stated the applicant had agreed to the conditions as stated above in the staff recommendation. E�3 FILE NO.: Z -6120-H Mr, Andy Francis addressed the Commission on behalf of the applicant. He stated the buffer was destroyed by accident and the developer had submitted a restoration plan in good faith to remedy the situation. Mr. Ross Phillips addressed the Commission with concerns. He stated the neighborhood was not notified of the restoration plan. He questioned if and when the neighborhood was to be notified where there were changes to the Planned Development. He stated his concerns of the development and the substandard streets in the area. Mr. Jim Lawson, Director of Planning, stated staff was not aware of the clearing of the buffer until after the trees were removed. He stated staff was unwilling to approve a restoration plan without the Commission and neighborhood input. There was a length discussion concerning the lack of consideration for the ordinances, which govern the development of site. Staff presented a memorandum indicating the percentage of developments reviewed and the number of notices, which were issued. Staff stated this did not include numerous violations for each development nor did all the violators apply for a building permit, which might have educated the individual of the ordinance requirements. A motion was made to approve the trash compactors as presented. The motion carried by a vote of 11 ayes, 0 noes and 0 absent. A motion was made to approve the restoration plan as submitted by placing the trees in groupings. The motion carried by a vote of 10 ayes, 1 no and 0 absent. 1�67 September 18, 2003 ITEM NO.: D FILE NO.- Z -6120-H NAME: Capitol Hills Apartments Revised PD -R LOCATION: On the southwest corner of Capitol Hills Boulevard and Rushmore Avenue DEVELOPER: Jay DeHaven 10650 Maumelle Blvd. Maumelle, AR 72113 ENGINEER: White-Daters and Associates #24 Rahling Circle Little Rock, AR 72223 AREA: 31.85 Acres CURRENT ZONING: ALLOWED USES PROPOSED ZONING: NUMBER OF LOTS: 3 FT. NEW STREET: 0 PD -R, Planned Development - Residential Multi -family; 16.57 units per acre Revised PD -R PROPOSED USE: Multi -family; 16.57 units per acre — placement of 2 trash compactors on the site (one on Lot 1 and one on Lot 3) VARIAN CESMAIVERS REQUESTED: None requested. BACKGROUND: On June 20, 1996 the Planning Commission approved a proposal to rezone 42.58± acres from R-2, Single-family to MF -12, Multi -family. The rezoning request was September 18, 2003 ITEM NO.: D (Cont.)FILE NO.: Z -6120-H associated with Capitol Lakes Estates preliminary plat, a 190 + acre development (File No. S-1100). The property shown for Multi -family was located in two tracts lying on either side of the proposed realignment of Cooper Orbit Road (Rushmore Avenue), south of a proposed minor arterial street (Capitol Hills Boulevard). The application was the third version of proposed multi -family zoning associated with Capitol Lakes Estates. The first version consisted of a proposal to zone 31+ acres at the southeast corner of the Capitol Lakes Estates Plat from R-2 to MF -18. Staff was not supportive of the proposed density and the application drew opposition from the residents of Spring Valley Manor Subdivision, which is adjacent to the south. The application was later withdrawn by the applicant at the Planning Commission Public Hearing. The second version consisted of a proposal to zone 33.8+ acres at the intersection of the realigned Cooper Orbit Road and an as yet unnamed minor arterial street (Capitol Hills Boulevard) from R-2 to MF -12. The proposed multi -family property was in two tracts, a 27+ acre tract lying south of the arterial street (Capitol Hills Boulevard) and a 7+ acre tract lying north of the arterial. The multi -family property was moved well north of the Spring Valley Manor Subdivision and residents of that neighborhood supported this version. Staff was also able to recommend approval of the application. The density had been reduced from MF -18 to MF -12. The proposed Multi -family property was basically within the body of the Capitol Lakes Estates plat with only a perimeter relationship to the Oasis Renewal Center on the collector street (Rushmore Avenue) and an arterial street (Capitol Hills Boulevard). There was some opposition to this proposal from the Oasis Renewal Center. The Planning Commission voted to approve this application on April 25, 1996. The applicant continued to work with the Oasis Renewal Center with their concern of locating the 7+ acres of Multi -family property adjacent to their site. After reaching a compromise with the Oasis Center, the applicant withdrew this second application from the Board of Directors' agenda and filed a third version of the proposed rezoning request. The third version consisted of a proposal to zone 42.58+ acres on either side of the proposed realignment of Cooper Orbit Road (Rushmore Avenue) from R-2 to MF -12. The proposed Multi -family property was in two tracts on either side of the new alignment of Cooper Orbit Road, south of the proposed new arterial street (Capitol Hills Boulevard). The 27+ acre tract lying south of the arterial and west of proposed Cooper Orbit Road is the same as in the second (approved) application. The 7+ acres which was approved on the north side of the arterial (adjacent to the Oasis property) was moved to a point south of the arterial, on the east side of the proposed alignment of Cooper Orbit Road and increased to 14.81 acres. The 7+ acres on the north side of the arterial (adjacent to the Oasis property) was to remain zoned R-2 and was shown as a "reserved" tract on the Capitol Lakes Estates Preliminary Plat. The Board of Directors adopted Ordinance No. 17,312 rezoning the property from R-2 to MF -12, with conditions, on November 7, 1996. The conditions were as follows: Any development which occurs on the property described as Tract C, that tract located on 2 September 18, 2003 ITEM NO.: D (Cont. FILE NO.: Z -6120-H the east side of Rushmore Avenue was to be limited to 125 dwelling units, Three acres within the property described as Tract C was to be dedicated as Open Space and not developed, Capitol Lakes Estates was not to be developed prior to implementation of sanitary sewer service, whether brought about through formation of a new sewer improvement district, expansion or the existing sewer improvement district or some other more feasible cooperative alternative, and with respect to that portion of property zoned MF -12 which would front on the newly realigned Cooper Orbit Road, a twenty (20) foot natural buffer was to be maintained along the frontage of the newly aligned Cooper Orbit Road. If it became necessary to regrade the buffer zone, the regraded area within the twenty foot buffer strip was to be replanted to a planting density fifty (50) percent greater than that specified in the Little Rock landscaping ordinance. The rezoning contained Tract A, 27.77 acres, from R-2, Single-family to MF -12 and Tract C, 14.81 acres, from R-2, Single-family to MF -12. Ordinance No. 18,496, in June of 2001, established a PRD titled Village on the Lakes Long -form PRD (this rezoning took a part of Tract C 11.59 acres of the 14.81 acres). The development was proposed to be an attached single-family, townhouse development; 11 buildings with a total of 44 single-family residential dwellings on 11.59 acres located east of the proposed Rushmore Avenue. (A proposed density of 5.3 units per acre.) On July 11, 2002 the Commission reviewed a request to rezone the property on the west side of Rushmore Avenue to Planned Development — Residential to allow the development of a 528 unit apartment complex. The applicant proposed the placement of 904 parking spaces within the development. A separate request was also filed for a property zoned MF -12 and located to the east of the PD -R site. The request to rezone the property to the east from MF -12 to R-2 was also approved on July 11, 2002. Both Ordinances were approved by the Little Rock Board of Directors at their August 20, 2002 Public Hearing. Ordinance No. 18,729 rezoned the MF -12 property to PD -R and Ordinance No. 18,728 rezoned the MF -12 site to R-2. The applicant proposed the PD -R development to be constructed in three phases with 156 units being constructed in Phase of One and Two and 216 units in the third and final phase. Capitol Hills Boulevard and Rushmore Avenue are currently under construction and will be completed with Phase I to allow access to the site. Ordinance No. 18, 898 adopted by the Little Rock Board of Directors on July 15, 2003 approved a revision to allow the creation of a three lot plat to following the previously proposed phasing lines. The applicant indicated all three lots would have public street frontage but access to the public streets only located on Lots 1 and 3. Lot 2 would take access a through cross access easement across Lots 1 and 3. The Lots were numbered according to the previous phase lines. The previous drainage and utility plan did not changed from the original submission. 3 September 18, 2003 ITEM NO.: D Cont. FILE NO.: Z -6120-H The applicant revised the building placement ever so slightly to allow for landscape strips between lots as required by ordinance. The applicant indicated a cross access parking agreement was not required since each lot has sufficient parking to meet the typical minimum parking demand for multi -family development. A. PROPOSAUREQUEST: The applicant now proposes to revise the previously approved and revised PD -R to allow for the placement of two trash compactors on the site. The applicant wishes to install a trash compactor at either entrance to serve the entire facility. The applicant has indicated a private contractor will service the compactors once a week. The applicant stated with the compactors near the entrance this should allow the driver easy accessibility and minimal disturbance of the residents in the early morning hours when the compactors are serviced. The applicant has indicated the unit will be a mirror to the compactor located at Carrington Park Apartments in West Little Rock. The site plan indicates the compactors will sit in a "service well' below grade, where the residents pull up to a turn -around and throw the trash into the top of the compactor. As indicated on the site plan the sidewalk leading up to the unit will be handicap accessible. The developer is proposing to screen the "service well' with landscaping and the access point will have two wooden doors. The development also destroyed the required land use buffer areas previously proposed on the west and south perimeters of Phase 1 (Lot 1). The request includes a restoration plan for the buffer areas. The Lot 1 (Phase 1) buffer areas were destroyed with grading of the construction area currently underway. The approved site plan included a 30 -foot undisturbed buffer area along the southern and western perimeters of the site. The applicant submitted a proposal to provide an additional 20 -feet of property to the south to be retained in a conservation easement and to replant the destroyed 30 -foot buffer areas at plantings required by the ordinance in cases when no buffer exist. The applicant did propose the placement of three inch caliper trees not the mix of two and three inch trees required by the ordinance and the placement of shrubs in the area. The applicant stated they were unable to secure any additional land area to the west and the proposal included plantings only similar to the plantings proposed to the south. EXISTING CONDITIONS: The site is vacant and tree covered with heavy woods surrounding the site. The property is currently zoned PD -R with the remainder of the area being zoned R-2, Single-family. The Oasis Renewal Center is located northeast of the site and the Spring Valley Manor Subdivision is located south of the site. Cooper Orbit Road 4 September 18, 2003 ITEM NO.: D (Cont.) FILE NO.: Z -6120-H borders the eastern boundary of the property. The roadway is a narrow unimproved roadway with deep ditches in several locations. Capitol Hills Boulevard and Rushmore Avenue are currently under construction and will be completed with Phase I to allow access to the site. Phase I of the development is also under construction with a majority of the site currently cleared. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received numerous informational phone calls from area residents. The Spring Valley Manor Neighborhood Association, the Gibraltar Heights/Point West/Timber Ridge Neighborhood Association and the Parkway Place Property Owners Association, along with all residents, who could be identified, within 300 feet of the site, and all property owners within 200 feet of the site were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. No comments on trash compactor locations. All previous comments on the site apply. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required, with easements, if service is required for project. Contact Little Rock Wastewater Utility at 688-1414 for additional details. Entergy: Additional easement will be required in Phase II and III as it develops. The exact location cannot be determined at this time. Contact Entergy at 954-5158 for additional details. Center -Point Energy: No comment received SBC: No comment received. Central Arkansas Water: No objection to change allowing trash compactors. All Central Arkansas Water requirements in effect at the time of request for water service must be met. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department at 918-3752 for additional details. 5 September 18, 2003 ITEM NO.: County Planning: No comment received. CATA: No comment received. F. ISSUESITECHNICAL/DESIGN: FILE NO.: Z -6120-H Planning Division: This request is located in the Ellis Mountain Planning District. The Land Use Plan shows Low Density Residential for this property. The applicant has applied for a revision of an existing Planned Residential Development to move the location of dumpsters/trash compactors. This request does not require a change to the Land Use Plan. City Recognized Neighborhood Action Plan: The property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. Landscape_: The proposed compactors will not intrude into required street buffer width requirements with the transfers allowed by ordinance. The required land use buffers along the southern and western perimeters of this site have been removed in their entirety. An approved restoration plan is required. G. SUBDIVISION COMMITTEE COMMENT: (August 14, 2003) Mr. Joe White of White-Daters and Associates was present representing the applicant. Staff stated the request involved the placement of two trash compactors on the site in lieu of dumpsters. Staff stated the applicant was requesting to place the compactors adjacent to the two entrances to the development. Staff stated the compactors would be located on Lot 1 or Phase 1 of the development and on Lot 3 or Phase 3. Staff questioned if there was a suitable location outside the entrance locations. Mr. White stated there was not. Mr. White stated the top of the compactor would be at grade thus reducing the unsightliness of the dumpster. He stated the Carrington Park Apartments located in West Little Rock had a similar dumpster set-up and it appeared to be working well. Mr. White stated with the placement of the compactors in this area the residents would be least inconvenienced and would be able to dump there garbage when checking their mail, or conducting business at the office or leaving the site. Comments from other agencies were also discussed. Staff suggested Mr. White contact these agencies individually if there were any questions or concerns. Fle September 18, 2003 ITEM NO.: ❑ Cont. FILE NO.: Z -6120-H Staff stated there was a problem with the project currently under construction. Staff stated the contractor had destroyed the buffer and extended some feet outside the project area. Staff stated the applicant had submitted a restoration plan which included plantings as required by the ordinance but the trees proposed were three inch caliper trees, which were larger than the required mix of two and three inch caliper trees. Staff stated the applicant was also proposing a twenty foot undistributed buffer to the south. Staff stated the buffer to the west was also destroyed and staff had requested additional land be bought for the buffer in this area as well. Staff noted the applicant had contacted the property owner to the west and was unable to secure any additional land to the west. Staff stated they were requesting the applicant double the plantings required by the ordinance and to add an additional thirty feet of undisturbed area to the south. Mr. White questioned why staff was requesting such a large area. Mr. Jim Lawson, Director of Planning and Development, stated the request was a punishment. He noted the ordinance would typically require a forty foot buffer area and the area had been reduced to thirty feet with the previous proposal. He stated that at least seventy percent of the buffer was to remain undisturbed. Mr. Lawson stated the applicant disregarded the ordinances and cleared the buffer area so there should be some punitive damages. Commissioner Rector raised some concerns of the history of the development. He stated regardless of who cleared the buffer area it was the owner's responsibility to ensure it was maintained. He stated he felt staff's request was reasonable. Mr. White was instructed to contact his client and pass along staffs comments and the Committee's concerns. Staff noted a revised plan should be submitted no later than August 20, 2003. 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 to staff addressing most of the issues raised at the Subdivision Committee meeting concerning the location of the trash compactors and the required screening. The applicant has indicated there is not a suitable alternative location and with the currently proposed placement this should have minimal adverse impact on residents when the dumpsters are being serviced. Staff feels although the entrance to the development is not the most desirable location, the servicing of the dumpsters in early morning hours and the potential noise of the garbage truck would negatively impact the residents and concedes to the proposed location. 7 September 18, 2003 ITEM NO.: D Cont. FILE NO.: Z -6120-H The applicant has not submitted a revised restoration plan to staff but in conversations, the applicant indicated a restoration plan would be submitted to staff outlining staff's requested buffer areas and plantings. Staff would recommend the restoration plan indicate buffers and plantings in the area previously designated as the land use buffer area be planted at double the plantings required by the landscape ordinance. This would include the area to the south and the west on Lot 1 of the development. Staff would also recommend the applicant plant all trees of three inch caliper. Staff also recommends the applicant provide an additional 30 -foot of land to the south to be retained in a conservation easement. Staff would recommend this 30 -feet along with the buffer remaining on Lot 2 be combined with a tract designated south of Lot 3 to ensure the buffer be maintained in the future. If the 30 -foot is a part of the proposed single-family lots to the south (the proposed 30 -foot is currently indicated as part of lots being proposed for single-family development) there is no assurance that when these lots are developed the buffer will be maintained. To Staffs knowledge there are no outstanding issues associated with the proposed request for the placement of the trash compactors on the site. 1. STAFF RECOMMENDATION: Staff recommends approval of the request as filed subject to compliance with the conditions outlined in paragraphs D, E and F of this report. Staff recommends the applicant submit a restoration plan to include an additional land area of 30 -feet along the southern perimeter of Lot 1, the area be included with the 30 -foot buffer area remaining on Lot 2 and a tract south of Lot 3 and be maintained as a conservation easement; the area previously proposed as the 30 - foot undisturbed buffer area on the south perimeter of Lot 1 be replanted at twice the number of plantings currently required by the Landscape Ordinance with three inch caliper trees and the area along the west property line of Lot 1 be replanted at twice the number of required plantings currently required by the Landscape Ordinance. PLANNING COMMISSION ACTION: (SEPTEMBER 4, 2003) The applicant was present. There were objectors present. Chairman Nunnley stated the Commission's policy had been to allow the applicant a deferral when fewer than nine Commissioners were present. He stated eight Commissioners were remaining and questioned if the applicant desire a deferral. Mr. Andy Franics requested the deferral to the September 18, 2003 Public Hearing. There was no further discussion of the item. A motion was made and approved to defer the item to the September 18, 2003 Public Hearing. The motion carried by a vote of 8 ayes, 0 noes and 3 absent. September 18, 2003 ITEM NO.: D Cont. PLANNING COMMISSION ACTION: FILE NO.: Z -6120-H (SEPTEMBER 18, 2003) The applicant was present. There were objectors present. Staff stated there were two issues related to the development the Commission would be considering. Staff stated the first issue was related to the trash compactors on the site. Staff stated the applicant was requesting the placement of two compactors near each of the driveway locations. Staff stated the second issue was related to the 30 -foot buffer, which was identified on the previous plan. Staff stated the buffer was destroyed and the applicant had submitted a restoration plan to try to minimize the damage. Staff stated the applicant had agreed to the conditions as stated above in the staff recommendation. Mr. Andy Francis addressed the Commission on behalf of the applicant. He stated the buffer was destroyed by accident and the developer had submitted a restoration plan in good faith to remedy the situation. Mr. Ross Phillips addressed the Commission with concerns. He stated the neighborhood was not notified of the restoration plan. He questioned if and when the neighborhood was to be notified where there were changes to the Planned Development. He stated his concerns of the development and the substandard streets in the area. Mr. Jim Lawson, Director of Planning, stated staff was not aware of the clearing of the buffer until after the trees were removed. He stated staff was unwilling to approve a restoration plan without the Commission and neighborhood input. There was a length discussion concerning the lack of consideration for the ordinances, which govern the development of site. Staff presented a memorandum indicating the percentage of developments reviewed and the number of notices, which were issued. Staff stated this did not include numerous violations for each development nor did all the violators apply for a building permit, which might have educated the individual of the ordinance requirements. A motion was made to approve the trash compactors as presented. The motion carried by a vote of 11 ayes, 0 noes and 0 absent. A motion was made to approve the restoration plan as submitted by placing the trees in groupings. The motion carried by a vote of 10 ayes, 1 no and 0 absent. N Subdivision Committee Comments August 14, 2003 ITEM NO.: 8 FILE NO.: Z -6120-H NAME: Capitol Hills Apartments Revised PD -R LOCATION: Capitol Hills Boulevard and Rushmore Avenue Plannina 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., Variance/Waivers: 1. None requested. Public Works: 1. No comments on trash compactor locations. All previous comments on the site apply. Utilities and Fire Department/County Planning: Wastewater: Sewer main extension required, with easements, if service is required for project. Contact Little Rock Wastewater Utility at 688-1414 for additional details. Entergy: Additional easement will be required in Phase II and III as it develops. The exact location cannot be determined at this time. Contact Entergy at 954- 5158 for additional details. Center -Point Energy: SBC: Lgve�qallotwt�ing Central Arkansas Water: No objection to trash compactors. All Central Arkansas Water requirements in effect at the time of request for water service must be met. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department at 918-3752 for additional details. County Planning: No comment received. CATA: No comment received. Planning Division: This request is located in the Ellis Mountain Planning District. The Land Use Plan shows Low Density Residential for this property. The applicant has applied for a revision of an existing Planned Residential Development to move the location of dumpsters/trash compactors. This request does not require a change to the Land Use Plan, City Recognized Neighborhood Action Plan: The property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. Landscape: The proposed compactors will not intrude into required street buffer width requirements with the transfers allowed by ordinance. The required land use buffers along the southern and western perimeters of this site have been removed in their entirety. An approved restoration plan is required. Revised plat/plan: Submit four (4) copies of a revised preliminary plan (to include the additional information as noted above) to staff on Wednesday, August 20, 2003.