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HomeMy WebLinkAboutZ-6777-A Staff AnalysisDecember 27, 1999 Item No.: A (Cont.) Justification: Present Use of Property: Proposed Use of Proper : Staff Report: A. Public Works Issues: Placement of the requested store requires variances due the store size, required parking and landscape areas and the presence of 4 boundary streets. Grocery Store and Retail Grocery Store and Retail With Building Permit 1. Cantrell Road is listed on the Master Street Plan as a principal arterial; dedication of right-of-way to 55 feet from centerline will be required. 2. Polk, Taylor, and Kavanaugh are listed on the Master Street Plan as a commercial street. Dedicate right-of- way to 30 feet from centerline. 3. Provide 10 feet wide sidewalk easement on Kavanaugh frontage. 4. A 20 feet radial dedication of right-of-way is required at all corners. 5. Improve all corners curb radius to 30 feet radius with construction. 6. Provide design of streets conforming to "MSP" (Master Street Plan). Construct one-half street improvements to these streets including 5 -foot sidewalks with planned development, or request waiver to Board of Directors. 7. Property frontage needs to have the sidewalks and ramps brought up to the current ADA standards. 8. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. Design and reconstruct drainage on Polk Street. 9. Plans of all work in right-of-way shall be submitted for approval prior to start of work. 10. Stormwater detention ordinance applies to this property. 11. Easements shown for proposed storm drainage are required. 2 December 27, 1999 Item No.: A (Cont. 12. Street Improvement plans shall include signage and striping. Completed plans must be approved by Traffic Engineering prior to construction. 13. Prepare a letter of pending development addressing street lights as required by Section 31-403 of the Little Rock Code. All requests should be forwarded to Traffic Engineering. B. Staff Analysis: Kroger proposes to develop a new store on the two block site bounded by Kavanaugh Blvd., Cantrell Road, Polk Street and Taylor Street. The site is bisected by "R" Street, which has been proposed for abandonment. The Planning Commission is scheduled to review a request to abandon "R" Street on November 11, 1999. The abandonment request should then be heard by the Board of Directors in mid-December 1999 or early January 2000. The site plan submitted by Kroger is dependent upon the street being abandoned, combining the two blocks into one building site. The block south of "R" Street is occupied by the existing 21,000± sq. ft. Kroger Store and a large parking lot. The block north of "R" Street is occupied by the former Harvest Foods Store, a 16,500± sq. ft. building now housing a discount clothing store. Additionally, the block contains three other smaller commercial buildings totaling 5,360± sq. ft. and a large parking lot. Kroger proposes to completely redevelop the blocks. The area north of "R" Street will contain one large building with 52,800 sq. ft. devoted to Kroger and 11,000 sq. ft. of additional store front retail space fronting onto Kavanaugh Blvd. The area south of "R" Street will be developed as a 209 space parking lot. The project has generated several variance requests as follow: 1. Variances are requested from the area regulations of Section 36-301 to permit the new building to have a front yard setback of 14.35 feet on the Kavanaugh Blvd. perimeter and a street side yard setback of 6 feet on the Polk Street perimeter. Setbacks of 25 feet are required in each instance. 2. Variances are requested from the buffer requirements of Section 36-522 to permit street buffers of 6 feet on the Cantrell Road and Polk Street perimeters, 4-6 feet on the Taylor Street perimeter and 0 feet on the Kavanaugh Blvd. perimeter. The code requires 30 foot buffers on the Kavanaugh Blvd. and Cantrell Road 3 December 27, 1999 Item No.: A (Cont.) perimeters and 15 foot buffers on the Polk and Taylor Street perimeters. 3. The southeast 1/4 of the block south of "R" Street is zoned 0-3. A variance is requested to allow this 0-3 zoned area to be used as parking to serve the C-3 use. 4. The parking design provisions of Section 36-511 require the depth of a right angle parking space and the maneuvering area behind the space to be a minimum of 40 feet total. The proposed site plan shows the majority of the parking lot to be designed with a total parking stall and maneuvering area depth of 39.4 feet, .6 foot less than required. 5. Although the location of signage along Cantrell Road has not yet been specifically designed, the applicant is requesting a variance to allow for placement of a commercial ground -mounted sign on the southeast (0-3 zoned) portion of the site. The maximum allowable commercial ground -mounted sign size is 36 feet in height and 160 sq. ft. in area. Office signage is limited to 6 feet in height and 64 sq. ft. in area. The applicant proposes to leave the existing Kroger Store open during construction of the new store. When the new store is completed, the old building will be removed and the parking lot will be completed. This will result in an overlap in construction, during which there will be reduced parking. Staff is supportive of the requested variances with exception of the sign variance. The reduced setback on Kavanaugh Blvd. is not out of character with development in the Heights Commercial district. With rare exception, the commercial buildings in the Heights are built up to the sidewalk. Staff encouraged the applicant to design the project so that it incorporated store front retail uses on Kavanaugh. Staff believes the proposed Kavanaugh frontage is compatible with the neighborhood, orienting the large user, Kroger, to the Cantrell Road perimeter. The store has been pushed more to the east to allow the more intrusive commercial activities such as the loading dock and trash compactor to be oriented to the Taylor Street side. Polk Street is a fairly solid dividing line between the residential properties to the east 4 December 27, 1999 Item No.: A (Cont.) and the commercial neighborhood to the west. Staff felt it was important to orient as much outside activity on the site towards the west, resulting in the building being on the eastern portion of the site. As the site currently exists, a parking lot and driveway are located east of the old Harvest Foods building, with no buffer or landscaping, only a short, brick wall. This new development will result in a 6 foot wide landscaped buffer and the wall of the building providing a greater level of screening than currently exists. Staff would like to see some treatment of the eastern wall of the new building, to visually "break up" the wall. The properties across Polk Street from the proposed new building are occupied by an office building which faces Kavanaugh, a duplex facing Polk Street and a single family home which faces "R" Street. The buffer variance on the Kavanaugh Blvd. perimeter is justified by the proposal to place the retail storefronts adjacent to the sidewalk. Again, the Kavanaugh perimeter treatment proposed in character with the traditional Heights commercial area, reduced front setback and no buffer behind the sidewalk. The reduced buffers on the other perimeters are a function of the size of the proposed building, the required number of parking spaces and the City's requirement to dedicate right-of-way on all perimeters and at the corners. There is no way to physically provide additional buffer depth and accommodate those factors. The buffer's importance is greatest in relationship to the residential properties across Polk Street to the east and Cantrell Road to the south. The properties to the north and west are zoned commercial and are occupied by a variety of nonresidential uses. The southern edge of the existing Kroger parking lots sits 55 feet from the centerline of Cantrell Road, 30 feet from the curb of the street. The southern edge of the proposed new parking lot is 61 feet from the centerline of Cantrell Road, 36 feet from the curb of the street. With proper landscape/screening treatment in the reduced buffer, there should be less impact on those properties across Cantrell Road through this new development. The reduced buffer on the Polk Street side north of "R" Street was discussed previously in the issue of the reduced setback. Again, staff believes the reduced setback, with the wall of the building providing additional screening, is a better situation than currently exists. The existing Kroger parking lot, south of "R" Street, sits 28 feet from the centerline of Polk Street, 13 feet from the edge of the street, with no buffer. The proposed 5 December 27, 1999 Item No.: A (Cont. development will move the parking lot to a point 35 feet from the centerline of Polk Street, 20 feet from the edge of the pavement. An existing, aggregate wall is located on the eastern perimeter of the parking lot. Leaving this wall in place, combined with the increased landscaping and buffers should help to mitigate the impact of the parking lot on residences located across Polk Street. The 0-3 zoned portion of the tract was previously approved by the Board of Adjustment in 1971 to be used as parking for the Kroger Store. Allowing continued use of this area should have no greater impact on the neighborhood. In 1971, the Board required installation of the wall on the Polk Street perimeters to provide screening. As was previously mentioned, that wall should remain to be incorporated into the screening/landscaping for the new parking lot. The requested parking design variance to allow a reduction in the parking stall depth and maneuvering of .6 foot is very minor and should have no effect on the overall project. In those instances where the depth is reduced, the .6 foot is split by pairs of parking spaces backing into the shared driveway/maneuvering area. Staff does not support the variance request to allow commercial signage to be placed on the office zoned, southeast portion of the site. Throughout the review process for this project, staff has consistently tried to focus the commercial activity to the west, away from the residential properties on the east. Allowing commercial signage in this area is unnecessary, with nearly 300 feet of frontage on Cantrell Road, and is contrary to staff's efforts to protect the residential properties east of Polk Street. C. Staff Recommendation: Staff recommends approval of the setback, buffer, location of parking and parking design variances subject to compliance with the following conditions: 1. Compliance with Public Works comments including any variance or waiver of those requirements as may be granted by the Board of Directors. 6 December 27, 1999 Item No.: A (Cont. 2. Compliance with the City's Landscape Ordinance including any variance or waiver of those requirements as may be granted by the City Beautiful Commission. The existing aggregate rock wall on the Polk Street perimeter of the site south of "R" Street is to remain. 3. Landscape materials, including plants which will grow to the height of the proposed building, must be planted between the building and the east (Polk Street) property line. The number of plants and distance between plants should be at least equal to that required on the remainder of the perimeter of the site. 4. The block of "R" Street located between Polk and Taylor Streets must be abandoned. 5. Any site lighting must be low-level and directional, aimed away from adjacent residential properties. Staff recommends denial of the variance request to allow commercial signage on the Office zoned portion of the site. STAFF UPDATE: At its November 11, 1999 meeting, the Planning Commission voted 5 ayes, 3 noes, 2 absent, 1 abstention and 1 open position not to recommend approval of the abandonment of "R" Street. BOARD OF ADJUSTMENT: (NOVEMBER 29, 1999) Frank Riggins and Corbin Rowe were present representing the item. There were several persons present both in opposition and in support. Staff presented the item and a recommendation of approval subject to compliance with the conditions outlined in the "staff recommendation" and the conditions outlined in the November 23, 1999 memorandum from Frank Riggins of the Mehlburger Firm. It was noted that condition no. 3 proposed by staff was being dropped in consideration of a new screen wall proposed in the Mehlburger memorandum. It was also noted that the sign variance request had been withdrawn by the applicant. Frank Riggins confirmed that the sign variance was withdrawn and the conditions outlined in the November 23, 1999 memorandum were to be made part of the application. 7 December 27, 1999 Item No.: A (Cont. Frank Riggins addressed the Board and described the proposal. He described the existing condition of the 2 blocks, with multiple curb cuts and stores, lighting and traffic. Mr. Riggins stated that conditions proposed by the new site plan would be much better than those currently existing. He stated that multiple meeting had been held with area residents and merchants and he acknowledged that not everybody was pleased with the proposed development. Mr. Riggins stated that numerous concessions had been made by Kroger to address neighborhood and staff concerns. He stated that the issue came down to unquantifiable articles such as "too big, too long, too tall, etc." In response to a question, Mr. Riggins stated that, although final drainage plans had not been prepared, this development would improve stormwater run-off and drainage in the area. Mr. Riggins described the proposed screening along the eastern perimeter of the block south of the store as being a 6 foot tall wood fence with brick columns. He stated that the east side of the building would be brick with architectural detailing. Jim Lawson, Director of Planning and Development, described Kroger's proposal regarding the one curb cut onto Polk Street. He stated that the driveway would be one-way entry onto the site only, with all traffic exiting the site onto Taylor Street. If, within one year, this arrangement should prove unworkable or detrimental to the store, the driveway would be made two-way to allow traffic to exit onto Polk Street. Corbin Rowe, of Kroger, reiterized that the driveway would not be made two-way unless limiting traffic to Taylor Street does not work. Jim Lawson stated that there was already a curb cut onto Polk Street at this location and Kroger would make the decision as to if the one-way entry only was working. Bob Turner, Assistant Director of Public Works, stated that traffic counts show that most traffic in the area was using Taylor Street. Mr. Turner stated that the City was looking at means to restrict left turn movements from Polk Street onto Cantrell Road. In response to a question, Mr. Turner stated that this new store would potentially increase traffic in the area, although not a critical increase since it was replacing an existing store in a developed area. 8 December 27, 1999 Item No.: A (Cont. Corbin Rowe stated that Kroger would fund 100% of a traffic signal at the intersection of Taylor Street and Cantrell Road, if the signal was warranted. Mr. Turner stated that the City would support Kroger installing the traffic signal if it was warranted. He noted that Cantrell Road was Arkansas State Highway 10 and the Arkansas Highway and Transportation Department would have to determine if the signal was warranted. Frank Riggins again asked for approval of the variances and showed architectural renderings of the Polk and Kavanaugh side store evaluations. He stated that there would be no lighting on the east wall of the store and any other site lighting would be low-level and directional to prevent light pollution going off of the site. Corbin Rowe reiterated that Kroger had met with various neighborhood resident and business groups on 4 occasions and had attempted to address their concerns. During the ensuing discussion, Frank Riggins noted that the proposed development would result in increased on street parking spaces on Kavanaugh Blvd. and additional store fronts which would be compatible with the Heights commercial district. Maury Mitchell, of 1815 N. Tyler Street, and Brock Thompson, of 1800 N. Tyler Street, spoke in support of the plan. Each stated that he wanted to see "R" Street closed to limit traffic through their residential neighborhood. Mildred Cooper, of 1901 N. Polk Street, spoke in support of the item. She stated that Kroger had worked to address the neighbors' concerns. Mark Stodola of 1923 N. Tyler, addressed the Board. He stated that he had questions about the proposed ATM and where the proposed retail stores would dispose of their refuse. Mr. Stodola also questioned whether there would be increased on - street parking on Polk Street. He stated that the choice of converting the Polk Street curb -cut from one-way to two-way should be up to the Board of Adjustment, not Kroger. Jim Frank, of Ozark Outdoor Supply at 5514 Kavanaugh Blvd., spoke in opposition. He cited an increase in traffic congestion, a lack of parking in the area and the lack of handicap parking proposed near the entrance to the proposed retail stores. He stated that the proposed Kroger store was too large for the neighborhood. December 27, 1999 Item No.: A (Cont. Larry Parker, of 5731 Stonewall and owner of Freddie's Hallmark Store, spoke in opposition. He also cited the area's parking shortage and the large size of the propose store as being problems. He referred to a study which he stated that he saw in the early 1990's in which Kroger stated that the maximum sized store needed for the area was 45,000 square feet. Mr. Parker also stated that the proposed location of the ATM would create additional traffic problems and it should be located within the store. He stated that a 24 hour -per -day store would create a lighting problem for residents in the area. He concluded by stating the need for stormwater detention on the site and questioning the location of a dumpster for the proposed retail stores. Gaea Miller, of 1815 N. Polk Street, spoke in opposition. She stated that the proposed store was a "big box" development that was not appropriate for the neighborhood. Ms. Miller stated that she wanted there to be no access from the site to Polk Street. Ms. Miller also cited increased traffic congestion which would be created by the store. She stated that the development would negatively impact the property values of residences in the area and questioned whether Kroger "had a right to increased profits at the expense of the residential neighborhood." Ms. Miller handed out a report which she had prepared comparing this development to other Kroger stores in the City and which included photographs of the neighborhood. (Staff did not receive a copy of the handout.) Waymond Freyaldenhoven, of 1801 N. Polk Street, spoke in opposition. He stated that he was opposed to granting any variances and claimed that Kroger had not followed through on commitments made when the existing store was approved in the early 1970's. Mrs. John Miller, address unknown, stated that she was opposed and had no new comments. Ginger McEntire, of 5806 Hawthorne, spoke in opposition. She cited the size of the store as being inappropriate for the Heights. Ms. McEntire also decried the loss of the existing "neighborhood" parking lot on the Kavanaugh side of the development. She stated that she would rather see Kroger create an area of landscaping, benches and parking on the Kavanaugh perimeter to benefit the neighborhood. 10 December 27, 1999 Item No.: A (Cont.) Nicolas Trujillo, of 5213 Country Club Blvd. and owner of Yancey's Liquor, spoke in opposition. He stated that he was not opposed to Kroger, just this particular plan. He stated that they proposed store was too large and would become a "destination"; drawing from a regional customer base rather than serving the immediate neighborhood. He stated that he was opposed to the variances that were a result of the large size of the proposed store. Laura Cook, of 1903 N. Tyler, stated she was opposed to the item and that she wanted there to be no access from the site onto Polk Street. Ken Cook, also of 1903 N. Tyler, stated he was opposed to the plan. Jane Hankins, of 5324 Stonewall, stated her opposition. Fred Gray asked what size market the proposed store was designed to serve. Corbin Rowe responded that there were 30,000 people living within 2-3 miles of the store and that the store was designed to serve the Heights area. In response to questions from the Board, Frank Riggins stated that the dumpster for the retail stores would be located in the same area as Kroger's dumpster, that the loading dock/dumpster area was depressed below street level and that the landscaped areas would be irrigated. Mr. Riggins questioned whether it was Kroger's responsibility to provide parking to serve the entire commercial neighborhood. Norm Floyd asked if there had not been previous agreements or requirements that the businesses on the north side of Kavanaugh be allowed to use the parking lot on the south side of the street. Dana Carney, of the Planning Staff responded that there had been no City requirement to that effect, either through the Board of Adjustment or the Planning Commission. Mr. Carney cited past actions in which the record clearly reflected that other businesses were not to use the parking lot. Corbin Rowe stated that Kroger had previously been a tenant and could not fully address the neighbor's concerns about maintenance of the existing store's landscaping. He stated that Kroger now owned the site and would be better able to deal with such issues. Jim Lawson stated that although the proposed store was larger than other businesses in the Heights, the scale was different 11 December 27, 1999 Item No.: A (Cont. because Kroger was to occupy 2 full city blocks. He noted that no other business in the area complied with all city regulations regarding setbacks, buffers or parking. Corbin Rowe stated that he had no indication that the hours of operation for the new store would be any different than the existing store's hours of operation which were 6:00 a.m. - 11:00 P.M. Fred Gray commented that the proposed 2 block 'redevelopment was not significantly increasing the square footage of building on the site. He applauded the level of discussion between the neighborhood, the City and the applicant. Mr. Gray stated that although not everyone would be a winner through this process, hopefully there would be few losers. The Board then determined that it would vote separately on the various variance requests. A motion was made to approve the requested setback variance on the Kavanaugh Blvd. perimeter (with no conditions). The vote was 2 ayes, 2 noes and 1 absent. Due to a lack of 3 votes either for or against the item, it was automatically deferred to the next meeting. A motion was made and seconded to approve the requested setback variance on the Polk Street perimeter (with no conditions). There was a brief discussion of the possibility of deferring the item to allow for further conversation between the applicant and the neighborhood. The second was withdrawn and -the motion died for lack of a second. A motion was made to approve the requested setback variance on the Polk Street perimeter subject to compliance with the conditions outlined in the "Staff Recommendation" and the additional conditions outlined in the November 23, 1999 Mehlburger memorandum. The vote was 2 ayes, 2 noes and 1 absent. Due to a lack of 3 votes either for or against the item, it was automatically deferred to the next meeting. Corbin Rowe asked that the item be deferred to the December 1999 meeting and that the previous two votes be expunged. A motion was made to expunge the previous two votes. The motion failed by a vote of 2 ayes, 2 noes and 1 absent. 12 December 27, 1999 Item No.: A (Cont.) A motion was then made to approve the requested buffer variances on all 4 perimeters subject to compliance with all staff and Mehlburger suggested conditions. The vote was 2 ayes, 2 noes and 1 absent. Due to a lack of 3 votes either for or against the item, it was automatically deferred to the next meeting. A motion was made to approve the variance to allow use of the 0-3 zoned property as parking subject to compliance with all staff and Mehlburger suggested conditions. The motion passed with a vote of 4 ayes, 0 noes and 1 absent. A motion was made to approve the requested parking design variance subject to compliance with all staff and Mehlburger suggested conditions. The motion passed with a vote of 4 ayes, 0 noes and 1 absent. BOARD OF ADJUSTMENT: (DECEMBER 27, 1999) Frank Riggins and Corbin Rowe were present representing the application. There were numerous persons present both in support and in opposition. Staff introduced the item and reiterated the Board's action at the November 29, 1999 meeting. Staff presented the remaining setback and buffer variances and recommended approval of the variances subject to compliance with the conditions outlined in the "Staff Recommendation" and the additional conditions submitted in the November 23, 1999 Mehlburger letter. Frank Riggins addressed the Board and outlined the proposed development. He stated it was Kroger's desire to have storefronts on Kavanaugh that would be compatible with the retail character of the existing neighborhood. Mr. Riggins stated that creating the retail storefronts resulted in putting the loading dock area on the west side of the property, pushing the building closer to the east property line. He stated that Kroger had tried to address concerns raised by City staff and neighbors. Mr. Riggins stated that Kroger could eliminate the retail storefronts, meet the required setbacks and build a 50,000 square foot store with no variances. In response to a question from Gary Langlais, Mr. Riggins stated that trees would be planted on the Kavanaugh perimeter, in front of the retail store spaces. In response to a question from Scott Richburg, Corbin Rowe stated that Kroger had held 4 public meetings and a couple of private 13 December 27, 1999 Item No.: A (Cont.) meetings with area residents and business owners. He stated that a display was placed in the existing Kroger store to advertise the public meetings and that the "full gambit" of issues was discussed at the meetings. William Ruck asked where the concept of putting storefronts on Kavanaugh came from. Mr. Riggins responded that the idea came from the Planning Staff. Mr. Riggins stated that the retail spaces would have access to Kroger's loading area and trash compactor. Norm Floyd asked if Kroger would commit to designing the building so that there would be a service corridor between the retail spaces and the grocery store, so that delivery trucks would not have to stop on Kavanaugh to service the retail spaces. Mr. Riggins responded that there was an elevation difference of 5-6 feet between the retail spaces and the grocery store, making a common service corridor difficult. Mr. Riggins stated that Kroger would try to work out such an arrangement but could not commit to it at this point. In response to a question from Norm Floyd, Corbin Rowe stated that Kroger was committed to fully funding a traffic signal at the Cantrell -Taylor intersection, if it is warranted. Frank Riggins responded to a question by stating that the driveway onto Polk Street would initially be a one-way entry only but that Kroger would retain the right to convert it into a two- way driveway if necessary. Norm Floyd asked Deputy City Attorney Steve Giles if the Board could attach a condition that Kroger must return to the Board for approval to convert the Polk Street entry from one-way to two- way. Mr. Giles responded that he was not sure that the Board could attach such a condition. In response to a question from William Ruck, Mr. Riggins stated that the Polk Street driveway would be regulated by design and signage to assure that it was used as an entry only and subsequently modified to two-way if necessary. Lisa McEntire, of 5515 Cantrell Road, spoke in opposition. She stated that she was opposed to any reduction in the required buffers. Ms. McEntire stated that the Hillcrest Kroger store was 36,000 square feet, which was large enough for the neighborhood and that this proposed store was too large. 14 December 27, 1999 Item No.: A (Cont.) In response to a question, Dana Carney of the Planning Staff, explained how, even with only a 6 foot buffer on the Cantrell Road perimeter, the site would appear to have a larger buffer because the 6 feet will be taken out of the existing paved parking lot and added to the existing 25 foot green space which is becoming right-of-way. Patrice O'Donoghue, of 5114 Sherwood Road, spoke in opposition. She stated that she was not aware of any public meetings scheduled by Kroger. Ms. O'Donoghue stated that the store would not be in character with the neighborhood and would create additional traffic which would endanger neighborhood children. Katherine Felts, of 1023 Pine Valley, stated that the store was too large for the neighborhood. Ms. Felts stated that reducing the size of the store could eliminate the need for variances. She stated that it was not proper to deal with the variance issues until the Board of Directors addresses the question of abandoning the "R" Street right-of-way. Dana Carney, of the Planning Staff, noted that approval of the variances was conditioned upon the street being closed. Gaea Miller, of 1815 N. Polk, spoke in opposition. She presented data to the Board in support of her claim that the new store would result in increased customers and an increase in the number of vehicles per entrance to the site. Ms. Miller stated that she would be greatly impacted by that increase since she lives directly across from the Polk Street entrance. (Staff did not receive a copy of her presentation material.) Phyllis Miller, of 2101 N. Spruce, stated that the store was too big, resulting in the need for the variances. She asked if there was not some middle ground between what currently exists and what Kroger is proposing. Laura Cook, of 1903 N. Tyler, stated that she too was not aware of neighborhood meetings with Kroger. She stated that a project as large as that proposed by Kroger needed full buffers around the site. Ms. Cook stated that there should be no entrance onto Polk Street. Jim Frank, owner of Ozark .Outdoor Supply at 5514 Kavanaugh and of the One Bank site at Kavanaugh and Taylor, stated that the proposed Kroger store was too large for the neighborhood and that the increased size created the need for the variances. Michael Scott, of 1824 N. Tyler, spoke in support of the item. He noted that the property was zoned commercial and could be 15 December 27, 1999 Item No.: A (Cont.) developed for a variety of less desirable uses which would have a greater impact on the neighborhood. Dickson Flake, of 17 St. John's Place, spoke in support of the item. He stated that he had been a neighborhood resident for 35 years and that he wanted the proposed store, not a scaled down version. Mr. Flake stated that it was virtually impossible to find a site of this size in a developed neighborhood to allow for development of the size and quality store that is typically available only in the perimeter areas of the city, such as Chenal and West Cantrell. Mr. Flake commented that the City had "made noise" about sprawl and smart growth and the need for infill development. Mr. Flake stated that the first serious infill proposal that comes along "gets such grief" that he wondered if it was worth it. Gene Levy, of 5415 Sherwood Road, spoke in support of the item. Mr. Levy stated that he was an architect and had designed over 40 grocery stores. He stated that he wanted a larger store and noted that proposed square footage was not much more than currently existed on the two blocks. Mr. Levy praised Kroger's decision to put retail storefronts on Kavanaugh and noted that, due to the change in elevation, the project will have a one=story appearance from Kavanaugh. Mr. Levy stated that the reduced setback on Polk Street was mitigated by increased landscaping and the architectural detail of the building. He stated that the Board was being deceived by a small group of persons who did not speak for most of the residents of the Heights who support Kroger. Mr. Levy stated that traffic to the site will not increase since there will be only one grocery store, not two as had previously been on the site. Mr. Levy also noted that deliveries to the site would be cut in half since there would be only one grocery store. Mr. Levy noted that the curb cut on Polk Street had been in place for 25 years. He also noted that although the buffer on Cantrell Road would technically be only 6 feet wide, in reality, it would be 31 feet wide since Cantrell Road was not to be widened and the green space was to remain. Mr. Levy stated that the reduced buffer on the Polk Street perimeter, south of "R" Street, was mitigated by the new, 6 foot wall. He stated that the proposed development would result in a better situation for area residents and asked the Board to approve the variances. J. W. Carman, of 6323 Greenwood, spoke in support of the item. Mr. Carman stated that it was necessary to drive out Chenal Parkway or Cantrell Road to get products not currently available at the existing Kroger. He stated that he wanted to see the 16 December 27, 1999 Item No.: A (Cont.) building constructed and the variances approved. He noted that other business in the area had received building setback and parking variances. Lindy Mitchell, of 1815 N. Tyler, spoke in support of the item. She stated that she felt Kroger had worked to address the neighborhood's concerns. Mildred Cooper, of 1901 N. Polk, spoke in support of the item. Ms. Cooper also presented a petition signed by numerous persons in support of Kroger's Plan. Ms. Cooper stated that Kroger did work with the neighborhood. Ed Cromwell, of 1720 Beechwood, stated that he had been a neighborhood resident for 60 years and he supported Kroger's plan. Mr. Cromwell stated that this development was in line with the City's smart growth efforts. Maury Mitchell, of 1815 N. Tyler, spoke in support of the item. He stated that he was concerned that Kroger could built a lesser quality development without any variances. Sarah Presson, of 5214 "O" Street, spoke in opposition. She asked if the requested variances were in the best interest of the neighborhood and stated "bigger is not necessarily better." Ms. Presson spoke of traffic concerns. Mark Stodola, of 1923 N. Tyler, spoke in opposition. He stated that the Board's actions were premature, until the Board of Directors acted on the "R" Street issue. Mr. Stodola stated that there were unresolved issues and that Kroger had not worked with the neighborhood as much as they implied. He also stated that there should be no curb cut onto Polk Street. Mr. Stodola stated that a traffic study should be conducted. He questioned whether the proposed site plan provided adequate parking for the retail stores. Mr. Stodola stated that it was his opinion that the Board could limit access to Polk Street. Dana Carney, of the Planning Staff, and City Traffic Engineer Bill Henry addressed several issues raised by those present. Mr. Carney reminded the Board of Kroger's commitment to fund a traffic signal at Cantrell and Taylor. Mr. Henry briefly discussed the process for determining if a signal was warranted. Mr. Henry stated that some of the on -street parking spaces in front of the retail stores could be designated by the City for handicap parking. Mr. Carney stated that the Board of Directors was interested in the outcome of this meeting and asked that the 17 December 27, 1999 Item No.: A (Cont.) Board of Adjustment not put off acting on the variances until after the Board of Directors action on "R" Street. Mr. Carney reminded the Board that approval of the variances was conditioned upon "R" Street being abandoned. Deputy City Attorney Steve Giles stated that he had determined that the Board of Adjustment did have authority to not allow access to Polk Street if the Board felt such a condition was necessary to protect the public. Joe Graham, of 5420 Country Club Blvd., stated that he supported Kroger but was concerned about increased traffic created by a larger store. In response to a question from Norm Floyd, Bill Henry stated that traffic studies would be conducted as soon as the store opened to determine if the traffic signal at Cantrell and Taylor was warranted. Frank Riggins stated that a lot of misinformation had been disseminated and he asked the Board to look at the specific issues before it. Corbin Rowe stated that Kroger had worked to address neighborhood concerns. He stated that a larger store would have more warehouse space, resulting in the need for less deliveries to the site since more product could be kept in the store. Mr. Rowe stated that there would not be a large increase in traffic and that Kroger's existing customers would buy more merchandise rather than shop at another store. In response to a question, Karen Harbour manager of the existing Kroger, said the overwhelming opinion of her customers was that they wanted the larger store. William Ruck asked if the Polk Street curb cut could be moved north to the current location of "R" Street. Frank Riggins responded that it was not desirable to have through -traffic going in front of the store. Dana Carney stated that it was staff's insistence that there not be through -traffic between the front of the store and the parking lot. Scott Richburg stated that he was satisfied that Kroger had gone over and above what was required. He noted that the property was zoned commercial and could be developed with other, less desirable, uses. 18 December 27, 1999 Item No.: A (Cont.) William Ruck stated that he was "pro business" but that he comes down on the side of the little guy who lives across the street and depends on the protection of city code on his behalf. He stated that he had not seen anything to convince him that Kroger wasn't overdeveloping the site. He stated that he saw some good things in Kroger's plan but that he was not satisfied that the proposal was the best for the neighborhood. In response to a question from Norm Floyd, Corbin Rowe stated that he could not, at this time, commit to a service corridor being constructed between the Kroger Store and the retail spaces. It was noted by staff that Kroger's commitment to fund the traffic signal had been made part of the proposal and it was not necessary to include it as a condition. Dana Carney read the conditions proposed by staff in the "Staff Recommendation" and the November 23, 1999 Mehlburger letter. A motion was made to approve the two setback variances subject to compliance with the conditions proposed by staff and in the November 23, 1999 Mehlburger letter. The motion was approved by a vote of 3 ayes, 2 noes and 0 absent. A motion was made to approve the requested buffer variances subject to compliance with the conditions proposed by staff, the November 23, 1999 Mehlburger letter and street trees being planted on the Kavanaugh perimeter at a minimum distance of 50 feet on center. The motion was approved by a vote of 3 ayes, 2 noes and 0 absent. 19 C. NEIGHBORHOOD COMMENTS: Kroger's proposal, through various development formats, has been through numerous public hearings and neighborhood meetings. The issue was reviewed at length at both the November 29, 1999 and December 27, 1999 Board of Adjustment meetings. The Planning Commission heard discussion of the issue in relationship to the proposal to abandon the rights-of-way at its November 11, 1999 meeting. The Board of Directors has had discussion of the issue also. In every instance of a public hearing, numerous neighborhood residents have appeared, both in support and in opposition. Two, large neighborhood meetings were held on January 13 and January 31, 2000 at the Pulaski Bank building on "R" Street. Smaller meetings were held between Kroger and some neighborhood residents. Neighborhood comments have ranged from strong opposition to strong support. FILE NO.: Z -6777-A NAME: Kroger - Short -Form PCD LOCATION: 1816 N. Polk Street; blocks bounded by Polk Street, Taylor Street, Kavanaugh Blvd. and Cantrell Road. DEVELOPER: Kroger Company AREA: 4.5± acres ZONING: C-3 & 0-3 ENGINEER: The Mehlburger Firm 201 S. Izard Little Rock, AR 72203 (501) 375-5331 NUMBER OF LOTS: 1 FT. NEW STREET: None ALLOWED USES: PROPOSED USE: VARIANCES/WAIVERS REQUESTED: General Commercial and General Office Grocery Store and Retail Commercial 1. Waiver of street improvements for Cantrell Road A. PROPOSAL/REQUEST: Kroger Company proposes to redevelop the two blocks bounded by Cantrell Road, Kavanaugh Blvd., Taylor Street and Polk Street. The new development will include a 50,600 square foot grocery store and a second, 12,500 square foot building to be occupied by smaller retail type uses. The requested use mix for the smaller building is to include those uses permitted byright in the C-3 General Commercial district. Kroger's proposal also includes the abandonment of a 20 foot wide alley in the northern block and the abandonment of this one block of "R" Street, allowing the two blocks to be developed as one site. FILE NO.: Z-6719 (Cont. B. EXISTING CONDITIONS: The block south of "R" Street is now occupied by the existing 21,000± square foot Kroger grocery store and its associated parking lot. The block north of "R" Street contains a 16,500± square foot building which was formerly occupied by Harvest Foods grocery store and which now houses a second-hand clothing store. Additionally, this block also contains three other, smaller commercial buildings totaling 5,360 square feet. A large portion of the northern block also is a paved parking lot. C. NEIGHBORHOOD COMMENTS: Kroger's proposal, through various development formats, has been through numerous public hearings and neighborhood meetings. The issue was reviewed at length at both the November 29, 1999 and December 27, 1999 Board of Adjustment meetings. The Planning Commission heard discussion of the issue in relationship to the proposal to abandon the rights-of-way at its November 11, 1999 meeting. The Board of Directors has had discussion of the issue also. In every instance of a public hearing, numerous neighborhood residents have appeared, both in support and in opposition. Two, large neighborhood meetings were held on January 13 and January 31, 2000 at the Pulaski Bank building on "R" Street. Smaller meetings were held between Kroger and some neighborhood residents. Neighborhood comments have ranged from strong opposition to strong support. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: Public Works is supportive of the proposed Kroger PCD site plan, including the driveway spacing and the requested street improvement waiver. The previous Public Works Comments from the earlier review at the Board of Adjustment are as follow: With Building Permit 1. Cantrell Road is listed on the Master Street Plan as a principal arterial; dedication of right-of-way to 55 feet from centerline will be required. 2. Polk, Taylor, and Kavanaugh are listed on the Master Street Plan as commercial streets. Dedicate right-of- way to 30 feet from centerline. 3. Provide 10 foot wide sidewalk easement on Kavanaugh frontage. 2 FILE NO.: Z-6719 (Cont.) 4. A 20 foot radial dedication of right-of-way is required at all corners. 5. Improve all corners curb radius to 30 foot radius with construction. 6. Provide design of streets conforming to "MSP" (Master Street Plan). Construct one-half street improvements to these streets including 5 -foot sidewalks with planned development, or request waiver to Board of Directors. 7. Property frontage needs to have the sidewalks and ramps brought up to the current ADA standards. 8. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. Design and reconstruct drainage on Polk Street. 9. Plans of all work in right-of-way shall be submitted for approval prior to start of work. 10. Stormwater detention ordinance applies to this property. 11. Easements shown for proposed storm drainage are required. 12. Street Improvement plans shall include signage and striping. Completed plans must be approved by Traffic Engineering prior to construction. 13. Prepare a letter of pending development addressing street lights as required by Section 31-403 of the Little Rock Code. All requests should be forwarded to Traffic Engineering. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Full review has not been done by these agencies. This proposed PCD now has the grocery store building being placed over a portion of the "R" Street right-of-way proposed for abandonment. Any utilities in that area must be relocated and new easements dedicated. The applicant must coordinate this with the various utilities. F. ISSUES/TECHNICAL/DESIGN: Planning Division: The site is located in the Heights -Hillcrest Planning District. The adopted plan recommends commercial for the site. The request conforms to the adopted plan. Landscape Issues: The site plan has been designed to conform to the City's Landscape Ordinance. The buffers on all perimeters fall below the ordinance requirement. 3 FILE NO.: Z-6719 (Cont. G. ANALYSIS: Kroger Company proposes to redevelop the two blocks bounded by Cantrell Road, Kavanaugh Blvd., Polk Street and Taylor Street. The proposed development consists of a 50,600 square foot grocery store and a 12,500 square foot retail building. A service driveway, with parking spaces, separates the two buildings. The use mix proposed for the smaller, retail building includes those uses permitted by - right in the C-3 zoning district. A total of 210 parking spaces are proposed on site, and 12 new on -street parking spaces are proposed on Kavanaugh Blvd. The retail shop building is proposed to have a 10 foot setback from the Kavanaugh Blvd. property line. A 10 foot wide sidewalk with tree planters will be located in front of this building. This design is in character with the existing, older commercial development in the Heights area. The proposed Kroger Store and the retail shop building are to have a setback of 6 feet on the Polk Street perimeter. The eastern fagade of these buildings will incorporate architectural elements and design to reduce the visual impact of the reduced setback. Additional landscaping will be installed between the buildings and the Polk Street perimeter. The block south of "R" Street will be developed as a parking lot. A 6 foot tall brick and wood screening fence will be constructed on the Polk Street perimeter of the parking lot with one driveway. The driveway will be limited to one way entry only for a period of one year. If after one year, it has been determined by Kroger that it is necessary for safe and efficient traffic movement, the driveway will be converted to two way, allowing access from the site onto Polk Street. The existing Kroger Store will remain open during construction. After the new store opens, the old store will be removed and that area will be incorporated into the parking lot. The site has been designed to conform to the City's Landscape regulations. The perimeter buffers are reduced but will exceed the existing buffers on the site. One ground -mounted sign is proposed for the site, at the southwest corner. The sign will conform to commercial district standards. Wall signs will conform to ordinance 4 FILE NO.: Z-6719 (Cont.) standards. No wall signs will be placed on the eastern (Polk Street) walls of either building. Site lighting will be low-level and directional, aimed away from the nearby residential properties. Staff has worked with Kroger over the last several months to develop a plan which we feel will result in a positive development for the neighborhood. The project is focused away from the adjacent residential neighborhood, with loading and trash areas as well as primary access being oriented toward the commercial neighborhood to the west. The Kavanaugh Blvd. face of the project has been designed and oriented to be compatible with the existing, older Heights commercial district. This two -block property is zoned C-3 General Commercial and 0-3 General Office which could result in multiple developments which might have a greater, negative impact on the area. Staff feels that this development has afforded the opportunity to redevelop the site with a unitary project that is more compatible with and sensitive to the Heights area. H. STAFF RECOMMENDATIONS: Staff recommends approval of the PCD subject to compliance with the following conditions: 1. Compliance with Public Works Comments, including any variance or waiver of those requirements as may be granted by the Board of Directors. 2. Compliance with the City's Landscape Ordinance, including additional landscape materials to be planted between the buildings and the Polk Street perimeter in an amount at least equal to the requirement on the other perimeters. 3. All site lighting is to be low level and directional, aimed away from the nearby residential properties. 4. The driveway from the parking lot south of the grocery store is to be limited to one-way entry only for a period of one year after the new grocery store opens. After which, if so determined by Kroger that it is necessary for safety and function, the driveway may be converted to two-way. 5. The site is to be developed to include those conditions proposed by the applicant including sign limitations, architectural detailing on the east wall of the buildings and the 6 foot brick and wood screening fence along the eastern perimeter of the block south of the grocery store. 6. Utilities currently located in the "R" Street right-of- way are to be relocated and new easements granted, as needed. 5 December 27, 1999 Item No.: A Z-6777 Owner: Kroger Address: 1816 N. Polk Street Description: Blocks 4 and 13, Mountain Park Addition Zoned: 0-3 and C-3 Variance Re ested: ATTACHMENT "A" The following is a list of variances being requested of the City of Little Rock - Board of Adjustment, by Kroger. 1. Setback: Setback variance from area regulations as required in Section 36-301. 2. Buffer: Variance from buffer requirements as required in Section 36-522. 3. Zoning: Requesting a variance that allows C-3 parking on 0-3. Variance from the parking provisions required in Section 36-507. 4. Parking: Variance from parking design (internal parking lot driveway widths) provisions of Section 36-511. 5. Sign Location: Variance to allow a commercial sign on 0-3. Variance from sign provisions of Section 36-553. I December 27, 1999 Item No.: A (Cont.) Justification: Present Use of Property : Proposed Use of Proper Staff Report: A. Public Works Issues: Placement of the requested store requires variances due the store size, required parking and landscape areas and the presence of 4 boundary streets. Grocery Store and Retail Grocery Store and Retail With Building Permit 1. Cantrell Road is listed on the Master Street Plan as a principal arterial; dedication of right-of-way to 55 feet from centerline will be required. 2. Polk, Taylor, and Kavanaugh are listed on the Master Street Plan as a commercial street. Dedicate right-of- way to 30 feet from centerline. 3. Provide 10 feet wide sidewalk easement on Kavanaugh frontage. 4. A 20 feet radial dedication of right-of-way is required at all corners. 5. Improve all corners curb radius to 30 feet radius with construction. 6. Provide design of streets conforming to "MSP" (Master Street Plan). Construct one-half street improvements to these streets including 5 -foot sidewalks with planned development, or request waiver to Board of Directors. 7. Property frontage needs to have the sidewalks and ramps brought up to the current ADA standards. 8. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. Design and reconstruct drainage on Polk Street. 9. Plans of all work in right-of-way shall be submitted for approval prior to start of work. 10. Stormwater detention ordinance applies to this property. 11. Easements shown for proposed storm drainage are required. 2 December 27, 1999 Item No.: A (Cont. 12. Street Improvement plans shall include signage and striping. Completed plans must be approved by Traffic Engineering prior to construction. 13. Prepare a letter of pending development addressing street lights as required by Section 31-403 of the Little Rock Code. All requests should be forwarded to Traffic Engineering. B. Staff Analysis: Kroger proposes to develop a new store on the two block site bounded by Kavanaugh Blvd., Cantrell Road, Polk Street and Taylor Street. The site is bisected by "R" Street, which has been proposed for abandonment. The Planning Commission is scheduled to review a request to abandon "R" Street on November 11, 1999. The abandonment request should then be heard by the Board of Directors in mid-December 1999 or early January 2000. The site plan submitted by Kroger is dependent upon the street being abandoned, combining the two blocks into one building site. The block south of "R" Street is occupied by the existing 21,000± sq. ft. Kroger Store and a large parking lot. The block north of "R" Street is occupied by the former Harvest Foods Store, a 16,500± sq. ft. building now housing a discount clothing store. Additionally, the block contains three other smaller commercial buildings totaling 5,360± sq. ft. and a large parking lot. Kroger proposes to completely redevelop the blocks. The area north of "R" Street will contain one large building with 52,800 sq. ft. devoted to Kroger and 11,000 sq. ft. of additional store front retail space fronting onto Kavanaugh Blvd. The area south of "R" Street will be developed as a 209 space parking lot. The project has generated several variance requests as follow: 1. Variances are requested from the area regulations of Section 36-301 to permit the new building to have a front yard setback of 14.35 feet on the Kavanaugh Blvd. perimeter and a street side yard setback of 6 feet on the Polk Street perimeter. Setbacks of 25 feet are required in each instance. 2. Variances are requested from the buffer requirements of Section 36-522 to permit street buffers of 6 feet on the Cantrell Road and Polk Street perimeters, 4-6 feet on the Taylor Street perimeter and 0 feet on the Kavanaugh Blvd. perimeter. The code requires 30 foot buffers on the Kavanaugh Blvd. and Cantrell Road 3 December 27, 1999 Item No.: A (Cont.) perimeters and 15 foot buffers on the Polk and Taylor Street perimeters. 3. The southeast 1/4 of the block south of "R" Street is zoned 0-3. A variance is requested to allow this 0-3 zoned area to be used as parking to serve the C-3 use. 4. The parking design provisions of Section 36-511 require the depth of a right angle parking space and the maneuvering area behind the space to be a minimum of 40 feet total. The proposed site plan shows the majority of the parking lot to be designed with a total parking stall and maneuvering area depth of 39.4 feet, .6 foot less than required. 5. Although the location of signage along Cantrell Road has not yet been specifically designed, the applicant is requesting a variance to allow for placement of a commercial ground -mounted sign on the southeast (0-3 zoned) portion of the site. The maximum allowable commercial ground -mounted sign size is 36 feet in height and 160 sq. ft. in area. Office signage is limited to 6 feet in height and 64 sq. ft. in area. The applicant proposes to leave the existing Kroger Store open during construction of the new store. When the new store is completed, the old building will be removed and the parking lot will be completed. This will result in an overlap in construction, during which there will be reduced parking. (] Staff is supportive of the requested variances with exception of the sign variance. The reduced setback on Kavanaugh Blvd. is not out of character with development in the Heights Commercial district. With rare exception, the commercial buildings in the Heights are built up to the sidewalk. Staff encouraged the applicant to design the project so that it incorporated store front retail uses on Kavanaugh. Staff believes the proposed Kavanaugh frontage is compatible with the neighborhood, orienting the large user, Kroger, to the Cantrell Road perimeter. The store has been pushed more to the east to allow the more intrusive commercial activities such as the loading dock and trash compactor to be oriented to the Taylor Street side. Polk Street is a fairly solid dividing line between the residential properties to the east 4 ' December 27, 1999 Item No.: A (Cont. and the commercial neighborhood to the west. Staff felt it was important to orient as much outside activity on the site towards the west, resulting in the building being on the eastern portion of the site. As the site currently exists, a parking lot and driveway are located east of the old Harvest Foods building, with no buffer or landscaping, only a short, brick wall. This new development will result in a 6 foot wide landscaped buffer and the wall of the building providing a greater level of screening than currently exists. Staff would like to see some treatment of the eastern wall of the new building, to visually "break up" the wall. The properties across Polk Street from the proposed new building are occupied by an office building which faces Kavanaugh, a duplex facing Polk Street and a single family home which faces "R" Street. The buffer variance on the Kavanaugh Blvd. perimeter is justified by the proposal to place the retail storefronts adjacent to the sidewalk. Again, the Kavanaugh perimeter treatment proposed in character with the traditional Heights commercial area, reduced front setback and no buffer behind the sidewalk. The reduced buffers on the other perimeters are a function of the size of the proposed building, the. required number of parking spaces and the City's requirement to dedicate right-of-way on all perimeters and at the corners. There is no way to physically provide additional buffer depth and accommodate those factors. The buffer's importance is greatest in relationship to the residential properties across Polk Street to the east and Cantrell Road to the south. The properties to the north and west are zoned commercial and are occupied by a variety of nonresidential uses. The southern edge of the existing Kroger parking lots sits 55 feet from the centerline of Cantrell Road, 30 feet from the curb of the street. The southern edge of the proposed new parking lot is 61 feet from the centerline of Cantrell Road, 36 feet from the curb of the street. With proper landscape/screening treatment in the reduced buffer, there should be less impact on those properties across Cantrell Road through this new development. The reduced buffer on the Polk Street side north of "R" Street was discussed previously in the issue of the reduced setback. Again, staff believes the reduced setback, with the wall of the building providing additional screening, is a better situation than currently exists. The existing Kroger parking lot, south of "R" Street, sits 28 feet from the centerline of Polk Street, 13 feet from the edge of the street, with no buffer. The proposed 5 ' December 27, 1999 Item No.: A (Cont. C. development will move the parking lot to a point 35 feet from the centerline of Polk Street, 20 feet from the edge of the pavement. An existing, aggregate wall is located on the eastern perimeter of the parking lot. Leaving this wall in place, combined with the increased landscaping and buffers should help to mitigate the impact of the parking lot on residences located across Polk Street. The 0-3 zoned portion of the tract was previously approved by the Board of Adjustment in 1971 to be used as parking for the Kroger Store. Allowing continued use of this area should have no greater impact on the neighborhood. In 1971, the Board required installation of the wall on the Polk Street perimeters to provide screening. As was previously mentioned, that wall should remain to be incorporated into the screening/landscaping for the new parking lot. The requested parking design variance to allow a reduction in the parking stall depth and maneuvering of .6 foot is very minor and should have no effect on the overall project. In those instances where the depth is reduced, the .6 foot is split by pairs of parking spaces backing into the shared driveway/maneuvering area. Staff does not support the variance request to allow commercial signage to be placed on the office zoned, southeast portion of the site. Throughout the review process for this project, staff has consistently tried to focus the commercial activity to the west, away from the residential properties on the east. Allowing commercial signage in this area is unnecessary, with nearly 300 feet of frontage on Cantrell Road, and is contrary to staff's efforts to protect the residential properties east of Polk Street. Staff Recommendation: Staff recommends approval of the setback, buffer, location of parking and parking design variances subject to compliance with the following conditions: 1. Compliance with Public Works comments including any variance or waiver of those requirements as may be granted by the Board of Directors. 6 December 27, 1999 Item No.: A (Cont. 2. Compliance with the City's Landscape Ordinance including any variance or waiver of those requirements as may be granted by the City Beautiful Commission. The existing aggregate rock wall on the Polk Street perimeter of the site south of "R" Street is to remain. 3. Landscape materials, including plants which will grow to the height of the proposed building, must be planted between the building and the east (Polk Street) property line. The number of plants and distance between plants should be at least equal to that required on the remainder of the perimeter of the site. 4. The block of "R" Street located between Polk and Taylor Streets must be abandoned. 5. Any site lighting must be low-level and directional, aimed away from adjacent residential properties. Staff recommends denial of the variance request to allow commercial signage on the Office zoned portion of the site. STAFF UPDATE: At its November 11, 1999 meeting, the Planning Commission voted 5 ayes, 3 noes, 2 absent, 1 abstention and 1 open position not to recommend approval of the abandonment of "R" Street. BOARD OF ADJUSTMENT: (NOVEMBER 29, 1999) Frank Riggins and Corbin Rowe were present representing the item. There were several persons present both in opposition and in support. Staff presented the item and a recommendation of approval subject to compliance with the conditions outlined in the "staff recommendation" and the conditions outlined in the November 23, 1999 memorandum from Frank Riggins of the Mehlburger Firm. It was noted that condition no. 3 proposed by staff was being dropped in consideration of a new screen wall proposed in the Mehlburger memorandum. It was also noted that the sign variance request had been withdrawn by the applicant. Frank Riggins confirmed that the sign variance was withdrawn and the conditions outlined in the November 231, 1999 memorandum were to be made part of the application. 7 `December 27, 1999 Item No.: A (Cont. Frank Riggins addressed the Board and described the proposal. He described the existing condition of the 2 blocks, with multiple curb cuts and stores, lighting and traffic. Mr. Riggins stated that conditions proposed by the new site plan would be much better than those currently existing. He stated that multiple meeting had been held with area residents and merchants and he acknowledged that not everybody was pleased with the proposed development. Mr. Riggins stated that numerous concessions had been made by Kroger to address neighborhood and staff concerns. He stated that the issue came down to unquantifiable articles such as "too big, too long, too tall, etc." In response to a question, Mr. Riggins stated that, although final drainage plans had not been prepared, this development would improve stormwater run-off and drainage in the area. Mr. Riggins described the proposed screening along the eastern perimeter of the block south of the store as being a 6 foot tall wood fence with brick columns. He stated that the east side of the building would be brick with architectural detailing. Jim Lawson, Director of Planning and Development, described Kroger's proposal regarding the one curb cut onto Polk Street. He stated that the driveway would be one-way entry onto the site only, with all traffic exiting the site onto Taylor Street. If, within one year, this arrangement should prove unworkable or detrimental to the store, the driveway would be made two-way to allow traffic to exit onto Polk Street. Corbin Rowe, of Kroger, reiterized that the driveway would not be made two-way unless limiting traffic to Taylor Street does not work. Jim Lawson stated that there was already a curb cut onto Polk Street at this location and Kroger would make the decision as to if the one-way entry only was working. Bob Turner, Assistant Director of Public Works, stated that traffic counts show that most traffic in the area was using Taylor Street. Mr. Turner stated that the City was looking at means to restrict left turn movements from Polk Street onto Cantrell Road. In response to a question, Mr. Turner stated that this new store would potentially increase traffic in the area, although not a critical increase since it was replacing an existing store in a developed area. 8 ' December 27, 1999 Item No.: A (Cont. Corbin Rowe stated that Kroger would fund 100% of a traffic signal at the intersection of Taylor Street and Cantrell Road, if the signal was warranted. Mr. Turner stated that the City would support Kroger installing the traffic signal if it was warranted. He noted that Cantrell Road was Arkansas State Highway 10 and the Arkansas Highway and Transportation Department would have to determine if the signal was warranted. Frank Riggins again asked for approval of the variances and showed architectural renderings of the Polk and Kavanaugh side store evaluations. He stated that there would be no lighting on the east wall of the store and any other site lighting would be low-level and directional to prevent light pollution going off of the site. Corbin Rowe reiterated that Kroger had met with various neighborhood resident and business groups on 4 occasions and had attempted to address their concerns. During the ensuing discussion, Frank Riggins noted that the proposed development would result in increased on street parking spaces on Kavanaugh Blvd. and additional store fronts which would be compatible with the Heights commercial district. Maury Mitchell, of 1815 N. Tyler Street, and Brock Thompson, of 1800 N. Tyler Street, spoke in support of the plan. Each stated that he wanted to see "R" Street closed to limit traffic through their residential neighborhood. Mildred Cooper, of 1901 N. Polk Street, spoke in support of the item. She stated that Kroger had worked to address the neighbors' concerns. Mark Stodola of 1923 N. Tyler, addressed the Board. He stated that he had questions about the proposed ATM and where the proposed retail stores would dispose of their refuse. Mr. Stodola also questioned whether there would be increased on - street parking on Polk Street. He stated that the choice of converting the Polk Street curb -cut from one-way to two-way should be up to the Board of Adjustment, not Kroger. Jim Frank, of Ozark Outdoor Supply at 5514 Kavanaugh Blvd., spoke in opposition. He cited an increase in traffic congestion, a lack of parking in the area and the lack of handicap parking proposed near the entrance to the proposed retail stores. He stated that the proposed Kroger store was too large for the neighborhood. 'December 27, 1999 Item No.: A (Cont.) Larry Parker, of 5731 Stonewall and owner of Freddie's Hallmark Store, spoke in opposition. He also cited the area's parking shortage and the large size of the propose store as being problems. He referred to a study which he stated that he saw in the early 1990's in which Kroger stated that the maximum sized store needed for the area was 45,000 square feet. Mr. Parker also stated that the proposed location of the ATM would create additional traffic problems and it should be located within the store. He stated that a 24 hour -per -day store would create a lighting problem for residents in the area. He concluded by stating the need for stormwater detention on the site and questioning the location of a dumpster for the proposed retail stores. Gaea Miller, of 1815 N. Polk Street, spoke in opposition. She stated that the proposed store was a "big box" development that was not appropriate for the neighborhood. Ms. Miller stated that she wanted there to be no access from the site to Polk Street. Ms. Miller also cited increased traffic congestion which would be created by the store. She stated that the development would negatively impact the property values of residences in the area and questioned whether Kroger "had a right to increased profits at the expense of the residential neighborhood." Ms. Miller, handed out a report which she had prepared comparing this development to other Kroger stores in the City and which included photographs of the neighborhood. (Staff did not receive a copy of the handout.) Waymond Freyaldenhoven, of 1801 N. Polk Street, spoke in opposition. He stated that he was opposed to granting any variances and claimed that Kroger had not followed through on commitments made when the existing store was approved in the early 19701s. Mrs. John Miller, address unknown, stated that she was opposed and had no new comments. Ginger McEntire, of 5806 Hawthorne, spoke in opposition. She cited the size of the store as being inappropriate for the Heights. Ms. McEntire also decried the loss of the existing "neighborhood" parking lot on the Kavanaugh side of the development. She stated that she would rather see Kroger create an area of landscaping, benches and parking on the Kavanaugh perimeter to benefit the neighborhood. 10 'December 27, 1999 Item No.: A (Cont. Nicolas Trujillo, of 5213 Country Club Blvd. and owner of Yancey's Liquor, spoke in opposition. He stated that he was not opposed to Kroger, just this particular plan. He stated that they proposed store was too large and would become a "destination"; drawing from a regional customer base rather than serving the immediate neighborhood. He stated that he was opposed to the variances that were a result of the large size of the proposed store. Laura Cook, of 1903 N. Tyler, stated -she was opposed to the item and that she wanted there to be no access from the site onto Polk Street. Ken Cook, also of 1903 N. Tyler, stated he was opposed to the plan. Jane Hankins, of 5324 Stonewall, stated her opposition. Fred Gray asked what size market the proposed store was designed to serve. Corbin Rowe responded that there were 30,000 people living within 2-3 miles of the store and that the store was designed to serve the Heights area. In response to questions from the Board, Frank Riggins stated that the dumpster for the retail stores would be located in the same area as Kroger's dumpster, that the loading dock/dumpster area was depressed below street level and that the landscaped areas would be irrigated. Mr. Riggins questioned whether it was Kroger's responsibility to provide parking to serve the entire commercial neighborhood. Norm Floyd asked if there had not been previous agreements or requirements that the businesses on the north side of Kavanaugh be allowed to use the parking lot on the south side of the street. Dana Carney, of the Planning Staff responded that there had been no City requirement to that effect, either through the Board of Adjustment or the Planning Commission. Mr. Carney cited past actions in which the record clearly reflected that other businesses were not to use the parking lot. Corbin Rowe stated that Kroger had previously been a tenant and could not fully address the neighbor's concerns about maintenance of the existing store's landscaping. He stated that Kroger now owned the site and would be better able to deal with such issues. Jim Lawson stated that although the proposed store was larger than other businesses in the Heights, the scale was different 11 'December 27, 1999 Item No.: A (Cont. because Kroger was to occupy 2 full city blocks. He noted that no other business in the area complied with all city regulations regarding setbacks, buffers or parking. Corbin Rowe stated that he had no indication that the hours of operation for the new store would be any different than the existing store's hours of operation which were 6:00 a.m. - 11:00 P.M. Fred Gray commented that the proposed 2 block *redevelopment was not significantly increasing the square footage of building on the site. He applauded the level of discussion between the neighborhood, the City and the applicant. Mr. Gray stated that although not everyone would be a winner through this process, hopefully there would be few losers. The Board then determined that it would vote separately on the various variance requests. A motion was made to approve the requested setback variance on the Kavanaugh Blvd. perimeter (with no conditions). The vote was 2 ayes, 2 noes and 1 absent. Due to a lack of 3 votes either for or against the item, it was automatically deferred to the next meeting. A motion was made and seconded to approve the requested setback variance on the Polk Street perimeter (with no conditions). There was a brief discussion of the possibility of deferring the item to allow for further conversation between the applicant and the neighborhood. The second was withdrawn and -the motion died for lack of a second. A motion was made to approve the requested setback variance on the Polk Street perimeter subject to compliance with the conditions outlined in the "Staff Recommendation" and the additional conditions outlined in the November 23, 1999 Mehlburger memorandum. The vote was 2 ayes, 2 noes and 1 absent. Due to a lack of 3 votes either for or against the item, it was automatically deferred to the next meeting. Corbin Rowe asked that the item be deferred to the December 1999 meeting and that the previous two votes be expunged. A motion was made to expunge the previous two votes. The motion failed by a vote of 2 ayes, 2 noes and 1 absent. 12 December 27, 1999 Item No.: A (Cont. A motion was then made to approve the requested buffer variances on all 4 perimeters subject to compliance with all staff and Mehlburger suggested conditions. The vote was 2 ayes, 2 noes and 1 absent. Due to a lack of 3 votes either for or against the item, it was automatically deferred to the next meeting. A motion was made to approve the variance to allow use of the 0-3 zoned property as parking subject to compliance with all staff and Mehlburger suggested conditions. The motion passed with a vote of 4 ayes, 0 noes and 1 absent. A motion was made to approve the requested parking design variance subject to compliance with all staff and Mehlburger suggested conditions. The motion passed with a vote of 4 ayes, 0 noes and 1 absent. BOARD OF ADJUSTMENT: (DECEMBER 27, 1999) Frank Riggins and Corbin Rowe were present representing the application. There were numerous persons present both in support and in opposition. Staff introduced the item and reiterated the Board's action at the November 29, 1999 meeting. Staff presented the remaining setback and buffer variances and recommended approval of the variances subject to compliance with the conditions outlined in the "Staff Recommendation" and the additional conditions submitted in the November 23, 1999 Mehlburger letter. Frank Riggins addressed the Board and outlined the proposed development. He stated it was Kroger's desire to have storefronts on Kavanaugh that would be compatible with the retail character of the existing neighborhood. Mr. Riggins stated that creating the retail storefronts resulted in putting the loading dock area on the west side of the property, pushing the building closer to the east property line. He stated that Kroger had tried to address concerns raised by City staff and neighbors. Mr. Riggins stated that Kroger could eliminate the retail storefronts, meet the required setbacks and build a 50,000 square foot store with no variances. In response to a question from Gary Langlais, Mr. Riggins stated that trees would be planted on the Kavanaugh perimeter, in front of the retail store spaces. In response to a question from Scott Richburg, Corbin Rowe stated that Kroger had held 4 public meetings and a couple of private 13 becember 27, 1999 Item No.: A (Cont. meetings with area residents and business owners. He stated that a display was placed in the existing Kroger store to advertise the public meetings and that the "full gambit" of issues was discussed at the meetings. William Ruck asked where the concept of putting storefronts on Kavanaugh came from. Mr. Riggins responded that the idea came from the Planning Staff. Mr. Riggins stated that the retail spaces would have access to Kroger's loading area and trash compactor. Norm Floyd asked if Kroger would commit to designing the building so that there would be a service corridor between the retail spaces and the grocery store, so that delivery trucks would not have to stop on Kavanaugh to service the retail spaces. Mr. Riggins responded that there was an elevation difference of 5-6 feet between the retail spaces and the grocery store, making a common service corridor difficult. Mr. Riggins stated that Kroger would try to work out such an arrangement but could not commit to it at this point. In response to a question from Norm Floyd, Corbin Rowe stated that Kroger was committed to fully funding a traffic signal at the Cantrell -Taylor intersection, if it is warranted. Frank Riggins responded to a question by stating that the driveway onto Polk Street would initially be a one-way entry only but that Kroger would retain the right to convert it into a two- way driveway if necessary. Norm Floyd asked Deputy City Attorney Steve Giles if the Board could attach a condition that Kroger must return to the Board for approval to convert the Polk Street entry from one-way to two- way. Mr. Giles responded that he was not sure that the Board could attach such a condition. In response to a question from William Ruck, Mr. Riggins stated that the Polk Street driveway would be regulated by design and signage to assure that it was used as an entry only and subsequently modified to two-way if necessary. Lisa McEntire, of 5515 Cantrell Road, spoke in opposition. She stated that she was opposed to any reduction in the required buffers. Ms. McEntire stated that the Hillcrest Kroger store was 36,000 square feet, which was large enough for the neighborhood and that this proposed store was too large. 14 December 27, 1999 Item No.: A (Cont.) In response to a question, Dana Carney of the Planning Staff, explained how, even with only a 6 foot buffer on the Cantrell Road perimeter, the site would appear to have a larger buffer because the 6 feet will be taken out of the existing paved parking lot and added to the existing 25 foot green space which is becoming right-of-way. Patrice O'Donoghue, of 5114 Sherwood Road, spoke in opposition. She stated that she was not aware of any public meetings scheduled by Kroger. Ms. O'Donoghue stated that the store would not be in character with the neighborhood and would create additional traffic which would endanger neighborhood children. Katherine Felts, of 1023 Pine Valley, stated that the store was too large for the neighborhood. Ms. Felts stated that reducing the size of the store could eliminate the need for variances. She stated that it was not proper to deal with the variance issues until the Board of Directors addresses the question of abandoning the "R" Street right-of-way. Dana Carney, of the Planning Staff, noted that approval of the variances was conditioned upon the street being closed. Gaea Miller, of 1815 N. Polk, spoke in opposition. She presented data to the Board in support of her claim that the new store would result in increased customers and an increase in the number of vehicles per entrance to the site. Ms. Miller stated that she would be greatly impacted by that increase since she lives directly across from the Polk Street entrance. (Staff did not receive a copy of her presentation material.) Phyllis Miller, of 2101 N. Spruce, stated that the store was too big, resulting in the need for the variances. She asked if there was not some middle ground between what currently exists and what Kroger is proposing. Laura Cook, of 1903 N. Tyler, stated that she too was not aware of neighborhood meetings with Kroger. She stated that a project as large as that proposed by Kroger needed full buffers around the site. Ms. Cook stated that there should be no entrance onto Polk Street. Jim Frank, owner of Ozark * Outdoor Supply at 5514 Kavanaugh and of the One Bank site at Kavanaugh and Taylor, stated that the proposed Kroger store was too large for the neighborhood and that the increased size created the need for the variances. Michael Scott, of 1824 N. Tyler, spoke in support of the item. He noted that the property was zoned commercial and could be 15 December 27, 1999 Item No.: A (Cont.) developed for a variety of less desirable uses which would have a greater impact on the neighborhood. Dickson Flake, of 17 St. John's Place, spoke in support of the item. He stated that he had been a neighborhood resident for 35 years and that he wanted the proposed store, not a scaled down version. Mr. Flake stated that it was virtually impossible to find a site of this size in a developed neighborhood to allow for development of the size and quality store that is typically available only in the perimeter areas of the city, such as Chenal and West Cantrell. Mr. Flake commented that the City had "made noise" about sprawl and smart growth and the need for infill development. Mr. Flake stated that the first serious infill proposal that comes along "gets such grief" that he wondered if it was worth it. Gene Levy, of 5415 Sherwood Road, spoke in support of the item. Mr. Levy stated that he was an architect and had designed over 40 grocery stores. He stated that he wanted a larger store and noted that proposed square footage was not much more than currently existed on the two blocks. Mr. Levy praised Kroger's decision to put retail storefronts on Kavanaugh and noted that, due to the change in elevation, the project will have a one=story appearance from Kavanaugh. Mr. Levy stated that the reduced setback on Polk Street was mitigated by increased landscaping and the architectural detail of the building. He stated that the Board was being deceived by a small group of persons who did not speak for most of the residents of the Heights who support Kroger. Mr. Levy stated that traffic to the site will not increase since there will be only one grocery store, not two as had previously been on the site. Mr. Levy also noted that deliveries to the site would be cut in half since there would be only one grocery store. Mr. Levy noted that the curb cut on Polk Street had been in place for 25 years. He also noted that although the buffer on Cantrell Road would technically be only 6 feet wide, in reality, it would be 31 feet wide since Cantrell Road was not to be widened and the green space was to remain. Mr. Levy stated that the reduced buffer on the Polk Street perimeter, south of "R" Street, was mitigated by the new, 6 foot wall. He stated that the proposed development would result in a better situation for area residents and asked the Board to approve the variances. J. W. Carman, of 6323 Greenwood, spoke in support of the item. Mr. Carman stated that it was necessary to drive out Chenal Parkway or Cantrell Road to get products not currently available at the existing Kroger. He stated that he wanted to see the FU December 27, 1999 Item No.: A (Cont.) building constructed and the variances approved. He noted that other business in the area had received building setback and parking variances. Lindy Mitchell, of 1815 N. Tyler, spoke in support of the item. She stated that she felt Kroger had worked to address the neighborhood's concerns. Mildred Cooper, of 1901 N. Polk, spoke in support of the item. Ms. Cooper also presented a petition signed by numerous persons in support of Kroger's Plan. Ms. Cooper stated that Kroger did work with the neighborhood. Ed Cromwell, of 1720 Beechwood, stated that he had been a neighborhood resident for 60 years and he supported Kroger's plan. Mr. Cromwell stated that this development was in line with the City's smart growth efforts. Maury Mitchell, of 1815 N. Tyler, spoke in support of the item. He stated that he was concerned that Kroger could built a lesser quality development without any variances. Sarah Presson, of 5214 "O" Street, spoke in opposition. She asked if the requested variances were in the best interest of the neighborhood and stated "bigger is not necessarily better." Ms. Presson spoke of traffic concerns. Mark Stodola, of 1923 N. Tyler, spoke in opposition. He stated that the Board's actions were premature, until the Board of Directors acted on the "R" Street issue. Mr. Stodola stated that there were unresolved issues and that Kroger had not worked with the neighborhood as much as they implied. He also stated that there should be no curb cut onto Polk Street. Mr. Stodola stated that a traffic study should be conducted. He questioned whether the proposed site plan provided adequate parking for the retail stores. Mr. Stodola stated that it was his opinion that the Board could limit access to Polk Street. Dana Carney, of the Planning Staff, and City Traffic Engineer Bill Henry addressed several issues raised by those present. Mr. Carney reminded the Board of Kroger's commitment to fund a traffic signal at Cantrell and Taylor. Mr. Henry briefly discussed the process for determining if a signal was warranted. Mr. Henry stated that some of the on -street parking spaces in front of the retail stores could be designated by the City for handicap parking. Mr. Carney stated that the Board of Directors was interested in the outcome of this meeting and asked that the 17 December 27, 1999 Item No.: A (Cont.) Board of Adjustment not put off acting on the variances until after the Board of Directors action on "R" Street. Mr. Carney reminded the Board that approval of the variances was conditioned upon "R" Street being abandoned. Deputy City Attorney Steve Giles stated that he had determined that the Board of Adjustment did have authority to not allow access to Polk Street if the Board felt such a condition was necessary to protect the public. Joe Graham, of 5420 Country Club Blvd., stated that he supported Kroger but was concerned about increased traffic created by a larger store. In response to a question from Norm Floyd, Bill Henry stated that traffic studies would be conducted as soon as the store opened to determine if the traffic signal at Cantrell and Taylor was warranted. Frank Riggins stated that a lot of misinformation had been disseminated and he asked the Board to look at the specific issues before it. Corbin Rowe stated that Kroger had worked to address neighborhood concerns. He stated that a larger store would have more warehouse space, resulting in the need for less deliveries to the site since more product could be kept in the store. Mr. Rowe stated that there would not be a large increase in traffic and that Kroger's existing customers would buy more merchandise rather than shop at another store. In response to a question, Karen Harbour manager of the existing Kroger, said the overwhelming opinion of her customers was that they wanted the larger store. William Ruck asked if the Polk Street curb cut could be moved north to the current location of "R" Street. Frank Riggins responded that it was not desirable to have through -traffic going in front of the store. Dana Carney stated that it was staff's insistence that there not be through -traffic between the front of the store and the parking lot. Scott Richburg stated that he was satisfied that Kroger had gone over and above what was required. He noted that the property was zoned commercial and could be developed with other, less desirable, uses. 18 December 27, 1999 Item No.: A (Cont.) William Ruck stated that he was "pro business" but that he comes down on the side of the little guy who lives across the street and depends on the protection of city code on his behalf. He stated that he had not seen anything to convince him that Kroger wasn't overdeveloping the site. He stated that he saw some good things in Kroger's plan but that he was not satisfied that the proposal was the best for the neighborhood. In response to a question from Norm Floyd, Corbin Rowe stated that he could not, at this -time, commit to a service corridor being constructed between the Kroger Store and the retail spaces. It was noted by staff that Kroger's commitment to fund the traffic signal had been made part of the proposal and it was not necessary to include it as a condition. Dana Carney read the conditions proposed by staff in the "Staff Recommendation" and the November 23, 1999 Mehlburger letter. A motion was made to approve the two setback variances subject to compliance with the conditions proposed by staff and in the November 23, 1999 Mehlburger letter. The motion was approved by a vote of 3 ayes, 2 noes and 0 absent. A motion was made to approve the requested buffer variances subject to compliance with the conditions proposed by staff, the November 23, 1999 Mehlburger letter and street trees being planted on the Kavanaugh perimeter at a minimum distance of 50 feet on center. The motion was approved by a vote of 3 ayes, 2 noes and 0 absent. 19 December 27, ?.999 Item No.: A File No.: Owner: Address: Description: Zoned: Variance Requested: Z-6777 Kroger 1816 N. Polk Street Blocks 4 and 13, Mountain Park Addition 0-3 and C-3 ATTACHMENT "A" The following is a list of variances being requested of the City of Little Rock - Board of Adjustment, by Kroger. 1. Setback: Setback variance from area regulations as required in Section 36-301. 2. Buffer: Variance from buffer requirements as required in Section 36-522. 3_ Zoning: Requesting a variance that allows C-3 parking on 0-3. Variance from the parking provisions required in Section 36-507. 4. Parking: Variance from parking design (internal parking lot driveway widths) provisions of Section 36-511. 5. Sign Location: Variance to allow a commercial sign on 0-3. Variance from sign provisions of Section 36-553.