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HomeMy WebLinkAboutZ-7022-B Staff AnalysisFILE NO.: Z -7022-B NAME: Catfish City Restaurant Long -form PCD LOCATION: Located at 14800 Cantrell Road DEVELOPER: Ken Lightfoot d/b/a Catfish City 1817 South University Avenue Little Rock, AR 72204 ENGINEER: Andrew Hicks Architects 3200 South Shackleford Little Rock, AR 72205 AREA: 2.048 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: C-3, General Commercial District ALLOWED USES: General Commercial Uses PROPOSED ZONING: PCD PROPOSED USE: Restaurant VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: The Little Rock Planning Commission reviewed and approved a proposed three lot preliminary plat and recommended approval of a proposed rezoning request proposed Lot 1 at their May 31, 2001, Public Hearing. The Little Rock Board of Directors adopted Ordinance No. 18,516 on July 3, 2001, establishing Cantrell Loops Subdivision (Lot 1) Short -form PCD. On April 6, 2004, the Little Rock Board of Directors rezoned Lot 2 from C-3, General Commercial District and R-2, Single-family District to PCD by the adoption of Ordinance No. 19,073. The rezoning included the development of 4.265 acres through a Planned Commercial Development with a strip retail center containing C-3, General Commercial District uses as allowable uses for the site. The Little Rock Planning Commission reviewed the request and made a recommendation of approval al their March 11, 2004, public hearing. FILE NO.: Z -7022-B (Cont. A. PROPOSAUREQUEST: The applicant is now requesting a rezoning of Lot 3 from the current C-3, General Commercial District to PCD to allow the site (Lot 3) to develop with a reduced rear yard landscape buffer. The Highway 10 Design Overlay District typically requires the rear yard and side yard landscape buffer to average twenty-five feet from the property line, independently of easements. (Typically utility easements are not allowed to count toward fulfilling the buffering requirement.) The applicant has indicated Entergy secured a 30 -foot utility easement along the northern property line at the time of final platting. Currently, Wastewater is the only utility located within the easement. The developer has requested from Entergy a release of all or a portion of the easement to no avail. The developer is therefore requesting approval of the proposed rezoning to allow the northern landscape buffer to be contained entirely within a 30 -foot easement. The applicant has indicated the landscape buffer would be planted intensely to screen the residentially zoned properties to the north. The developer has indicated the reduced buffer is required to allow the development of an additional row of parking to serve the future restaurant facility. The on-site parking is adequate to meet the typically minimum parking requirements for a restaurant use. The applicant has indicated in reality the additional parking will be necessary to satisfy customer demand. The developer has indicated to develop the site as required would be a hardship since they are trying to accomplish the development of the site without taking up 55 -feet of the rear of the property of which 30 -feet is an existing easement and 25 -feet additional for a landscaping strip. The applicant has indicated there is not a Bill of Assurance in effect for this parcel of property. B. EXISTING CONDITIONS: Currently, under construction on Lot 3 of the Cantrell Loops Subdivision, is a restaurant building for Catfish City. There is a Wal -Greens located to the west of the site on Lot 1 of the Cantrell Loops Subdivision and although plans have been approved for Lot 2 no construction has commenced. Across Cantrell Road is the Taylor Loop Road intersection, which is a signalized intersection aligning with a drive that accesses this site. To the east of the site is a strip center containing a mix of commercial and office uses. To the north of the site is vacant R-2, Single-family zoned property and to the Northeast of the site is a parcel currently zoned PCD (recently cleared of all vegetation), which is to be developed as an office/warehouse facility. South of the site is an antique mall and branch bank facility. Further west of the site is a single-family home located on a large tract. 2 FILE NO.: Z -7022-B Cont. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from the area residents. All property owners located within 200 -feet of the site, all residents located within 300 -feet of the site, who could be identified, along with the Westchester/Heatherbare Neighborhood Association, the Westbury Neighborhood Association and the Secluded Hills Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: 1. No comment regarding the proposed change to the rear yard setback. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available, not adversely affected. Existing sewer main on site. No storm water piping or any other Utility allowed within five feet of existing sewer main. Contact Little Rock Wastewater Utility at 688-1414 for additional details. Entergy: A ten -foot utility easement is required along the western property line extending from Cantrell Road to the northern property boundary. Contact Entergy at 954-5158 for additional information. Center -Point Energy: No comment received. SBC: No comment received. Central Arkansas Water: 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 918-3700 for additional information. County Planning: No comment. CATA: The site is located on CATA Bus Route #25, the Highway 10 Express. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the River Mountain Planning District. The Land Use Plan shows Commercial for this property. The applicant has applied for a PCD zoning to allow a reduced rear yard landscape strip. The request does not require a change to the Land Use Plan. 3 FILE NO.: Z -7022-B Master Street Plan: Cantrell Road is shown as a Principal Arterial and parts of Taylor Loop Road are shown as a Minor Arterial on the plan. Cantrell Road is built as a five -lane road through the area and Taylor Loop Road is not built to standards. The primary function of the Principal Arterial, Cantrell Road, is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. A Minor Arterial provides connections to and though an urban area and their primary function are to provide short distance travel within the urbanized area not to provide access. Dedication and street improvements may be required. Landscape: A perimeter landscape buffer strip with an average of twenty-five (25) feet is required to comply with the Highway 10 Overlay District. A portion of the northern landscape buffer is located within a utility easement area. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the northern perimeter of the site. Credit towards fulfilling this requirement can be given for existing trees and undergrowth that satisfies this year -around requirement. An automatic irrigation system to water landscaped areas will be required. G. SUBDIVISION COMMITTEE COMMENT: (December 29, 2004) Mr. Tim Dowty of Andrew Hicks Architects was present representing the applicant. Staff presented an overview of the proposed request to the Committee members present indicating the applicant had indicated the rear yard buffer was not achievable without removing a row of parking and greatly reducing the number of parking spaces on the site. Staff stated the site without the row of parking did allow for sufficient parking to meet the minimum ordinance requirement but the owner of the restaurant desired the additional parking. Staff also noted the site to the west was also approved with a reduced rear yard buffer and a portion of the buffer would be contained within an easement. Staff stated there were plantings that could be placed in the easement to provide the required screening and the applicant would work with the Plans Development Administrator to ensure proper screening if the rezoning were approved. Staff noted comments from the various other reporting departments and agencies. 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 request to staff addressing the issues raised at the December 29, 2004, Subdivision Committee meeting. The revised site plan indicates screening will be added to the rear property line adequate to meet the year around screening requirement. The applicant has indicated he will work with the Plans Development Specialist of the Department of Planning and 0 FILE NO.: Z -7022-B Cont.l Development to provide plantings in the rear yard landscaped area which will be low growing such as red bud trees or crape myrtles and allowable under the proposed power line. Typically within the landscape area a tree is required every 30 -feet and a shrub is required every 10 -feet. Staff feels with the placement of the plantings within this area the intent of the landscape ordinance will be met. The Highway 10 Design Overlay District typically requires the rear yard and side yard landscape buffer to average twenty-five feet from the property line, independent of easements. With the required 30 -foot utility easement along the rear property line, which was secured at the time of final platting, the rear yard area is greatly reduced. Currently, Wastewater is the only utility located within the easement. A request was made to Entergy for a release of all or a portion of the easement to no avail. Staff does not feel the use of the easement as the required buffer will have a significant impact on the adjoining properties. The applicant has indicated screening will be provided either through a wooden fence or dense evergreen plantings to screen the adjoining R-2, Single-family zoned property. The site plan indicates parking will be placed nearest the property line and no dumpster is proposed in this area. Staff feels this will also mitigate any potential adverse impacts on adjoining undeveloped properties. Staff is supportive of the applicant's request to rezone the site from C-3, General Commercial District to PCD to allow the site to develop with a reduced rear yard landscape buffer. To staff's knowledge there are no outstanding issues associated with the proposed request. STAFF RECOMMENDATION: Staff recommends approval of the request to rezone the site to PCD and to allow the 30 -foot easement to function as the required landscape strip along the northern perimeter of the site subject to compliance with the conditions outlined in paragraphs D, E and F of the above report. PLANNING COMMISSION ACTION: (JANUARY 20, 2005) Mr. Tim Dowty was present representing the request. There were no registered objectors present. Staff presented the iteim with a recommendation of approval of the request to rezone the site to PCD and to allow the 30 -foot easement to function as the required landscape strip along the northern perimeter of the site subject to compliance with the conditions outlined in paragraphs D, E and F of the above report. There was no further discussion of the item. The chair entertained a motion to place the item on the consent agenda for approval. The motion carried by a vote of 10 ayes, 0 no and 1 absent. 5 January 20, 2005 ITEM NO.: 18 FILE NO.: Z -7022-B NAME: Catfish City Restaurant Long -form PCD LOCATION: Located at 14800 Cantrell Road DEVELOPER: Ken Lightfoot d/b/a Catfish City 1817 South University Avenue Little Rock, AR 72204 ENGINEER: Andrew Hicks Architects 3200 South Shackleford Little Rock, AR 72205 AREA: 2.048 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: C-3, General Commercial District ALLOWED USES: General Commercial Uses PROPOSED ZONING: PCD PROPOSED USE: Restaurant VARIANCESIVVAIVERS REQUESTED: None requested. BACKGROUND: The Little Rock Planning Commission reviewed and approved a proposed three lot preliminary plat and recommended approval of a proposed rezoning request proposed Lot 1 at their May 31, 2001, Public Hearing. The Little Rock Board of Directors adopted Ordinance No. 18,516 on July 3, 2001, establishing Cantrell Loops Subdivision (Lot 1) Short -form PCD. On April 6, 2004, the Little Rock Board of Directors rezoned Lot 2 from C-3, General Commercial District and R-2, Single-family District to PCD by the adoption of Ordinance No. 19,073. The rezoning included the development of 4.265 acres through a Planned Commercial Development with a strip retail center containing C-3, General Commercial District uses as allowable uses for the site. The Little Rock Planning Commission reviewed the request and made a recommendation of approval at their March 11, 2004, public hearing. January 20, 2005 SUBDIVISION ITEM NO.: 1$ Cont. FILE NO.: Z -7022-B A. PROPOSALIREQUEST: The applicant is now requesting a rezoning of Lot 3 from the current C-3, General Commercial District to PCD to allow the site (Lot 3) to develop with a reduced rear yard landscape buffer. The Highway 10 Design Overlay District typically requires the rear yard and side yard landscape buffer to average twenty-five feet from the property line, independently of easements. (Typically utility easements are not allowed to count toward fulfilling the buffering requirement.) The applicant has indicated Entergy secured a 30 -foot utility easement along the northern property line at the time of final platting. Currently, Wastewater is the only utility located within the easement. The developer has requested from Entergy a release of all or a portion of the easement to no avail. The developer is therefore requesting approval of the proposed rezoning to allow the northern landscape buffer to be contained entirely within a 30 -foot easement. The applicant has indicated the landscape buffer would be planted intensely to screen the residentially zoned properties to the north. The developer has indicated the reduced buffer is required to allow the development of an additional row of parking to serve the future restaurant facility. The on-site parking is adequate to meet the typically minimum parking requirements for a restaurant use. The applicant has indicated in reality the additional parking will be necessary to satisfy customer demand. The developer has indicated to develop the site as required would be a hardship since they are trying to accomplish the development of the site without taking up 55 -feet of the rear of the property of which 30 -feet is an existing easement and 25 -feet additional for a landscaping strip. The applicant has indicated there is not a Bill of Assurance in effect for this parcel of property. B. EXISTING CONDITIONS: Currently, under construction on Lot 3 of the Cantrell Loops Subdivision, is a restaurant building for Catfish City. There is a Wal -Greens located to the west of the site on Lot 1 of the Cantrell Loops Subdivision and although plans have been approved for Lot 2 no construction has commenced. Across Cantrell Road is the Taylor Loop Road intersection, which is a signalized intersection aligning with a drive that accesses this site. To the east of the site is a strip center containing a mix of commercial and office uses. To the north of the site is vacant R-2, Single-family zoned property and to the Northeast of the site is a parcel currently zoned PCD (recently cleared of all vegetation), which is to be developed as an office/warehouse facility. South of the site is an antique mall and branch bank facility. Further west of the site is a single-family home located on a large tract. 2 January 20, 2005 SUBDIVISION ITEM NO.: 18 Cont. FILE NO.: Z -7022-B C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from the area residents. All property owners located within 200 -feet of the site, all residents located within 300 -feet of the site, who could be identified, along with the Westchester/Heatherbare Neighborhood Association, the Westbury Neighborhood Association and the Secluded Hills Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: 1. No comment regarding the proposed change to the rear yard setback. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available, not adversely affected. Existing sewer main on site. No storm water piping or any other Utility allowed within five feet of existing sewer main. Contact Little Rock Wastewater Utility at 688-1414 for additional details. Enter. : A ten -foot utility easement is required along the western property line extending from Cantrell Road to the northern property boundary. Contact Entergy at 954-5158 for additional information. Center -Point Energy: No comment received. SBC: No comment received. Central Arkansas Water: 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 918-3700 for additional information. County Planning: No comment. CATA: The site is located on CATA Bus Route #25, the Highway 10 Express. F. ISSU ES/TECH N I CAL/DESIGN: Planning Division: This request is located in the River Mountain Planning District. The Land Use Plan shows Commercial for this property. The applicant has applied for a PCD zoning to allow a reduced rear yard landscape strip. 3 January 20, 2005 SUBDIVISION ITEM NO.. 18 (Cont.) FILE NO.: Z -7022-B The request does not require a change to the Land Use Plan. Master Street Plan: Cantrell Road is shown as a Principal Arterial and parts of Taylor Loop Road are shown as a Minor Arterial on the plan. Cantrell Road is built as a five -lane road through the area and Taylor Loop Road is not built to standards. The primary function of the Principal Arterial, Cantrell Road, is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. A Minor Arterial provides connections to and though an urban area and their primary function are to provide short distance travel within the urbanized area not to provide access. Dedication and street improvements may be required. Landsca e: A perimeter landscape buffer strip with an average of twenty-five (25) feet is required to comply with the Highway 10 Overlay District. A portion of the northern landscape buffer is located within a utility easement area. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the northern perimeter of the site. Credit towards fulfilling this requirement can be given for existing trees and undergrowth that satisfies this year -around requirement. An automatic irrigation system to water landscaped areas will be required. G. SUBDIVISION COMMITTEE COMMENT: (December 29, 2004) Mr. Tim Dowty of Andrew Hicks Architects was present representing the applicant. Staff presented an overview of the proposed request to the Committee members present indicating the applicant had indicated the rear yard buffer was not achievable without removing a row of parking and greatly reducing the number of parking spaces on the site. Staff stated the site without the row of parking did allow for sufficient parking to meet the minimum ordinance requirement but the owner of the restaurant desired the additional parking. Staff also noted the site to the west was also approved with a reduced rear yard buffer and a portion of the buffer would be contained within an easement. Staff stated there were plantings that could be placed in the easement to provide the required screening and the applicant would work with the Plans Development Administrator to ensure proper screening if the rezoning were approved. Staff noted comments from the various other reporting departments and agencies. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. 4 January 20, 2005 SUBDIVISION ITEM NO.: 18 H. ANALYSIS: FILE NO.: Z -7022-B The applicant submitted a revised request to staff addressing the issues raised at the December 29, 2004, Subdivision Committee meeting. The revised site plan indicates screening will be added to the rear property line adequate to meet the year around screening requirement. The applicant has indicated he will work with the Plans Development Specialist of the Department of Planning and Development to provide plantings in the rear yard landscaped area which will be low growing such as red bud trees or crape myrtles and allowable under the proposed power line. Typically within the landscape area a tree is required every 30 -feet and a shrub is required every 10 -feet. Staff feels with the placement of the plantings within this area the intent of the landscape ordinance will be met. The Highway 10 Design Overlay District typically requires the rear yard and side yard landscape buffer to average twenty-five feet from the property line, independent of easements. With the required 30 -foot utility easement along the rear property line, which was secured at the time of final platting, the rear yard area is greatly reduced. Currently, Wastewater is the only utility located within the easement. A request was made to Entergy for a release of all or a portion of the easement to no avail. Staff does not feel the use of the easement as the required buffer will have a significant impact on the adjoining properties. The applicant has indicated screening will be provided either through a wooden fence or dense evergreen plantings to screen the adjoining R-2, Single-family zoned property. The site plan indicates parking will be placed nearest the property line and no dumpster is proposed in this area. Staff feels this will also mitigate any potential adverse impacts on adjoining undeveloped properties. Staff is supportive of the applicant's request to rezone the site from C-3, General Commercial District to PCD to allow the site to develop with a reduced rear yard landscape buffer. To staff's knowledge there are no outstanding issues associated with the proposed request. STAFF RECOMMENDATION: Staff recommends approval of the request to rezone the site to PCD and to allow the 30 -foot easement to function as the required landscape strip along the northern perimeter of the site subject to compliance with the conditions outlined in paragraphs D, E and F of the above report. PLANNING COMMISSION ACTION: (JANUARY 20, 2005) Mr. Tim Dowty was present representing the request. There were no registered objectors present. Staff presented the item with a recommendation of approval of the GV January 20, 2005 SUBDIVISION ITEM NO.: 18 (Cont.) FILE NO.: Z -7022-B request to rezone the site to PCD and to allow the 30 -foot easement to function as the required landscape strip along the northern perimeter of the site subject to compliance with the conditions outlined in paragraphs D, E and F of the above report. There was no further discussion of the item. The chair entertained a motion to place the item on the consent agenda for approval. The motion carried by a vote of 10 ayes, 0 no and 1 absent. L ITEM NO.: 18. FILE NO.: Z -7022-B NAME: Catfish City Restaurant Long -form PCD LOCATION: located at 14800 Cantrell Road Planning_Staff Comments: 1. Provide notification of property owners located within 200 -feet of the site, complete with the certified abstract list, notice form with affidavit executed and proof of mailing. Variance/Waivers: None requested. Public Works: 1. No comment regarding the proposed change to the rear yard setback. Utilities and Fire Department/County Planning: Wastewater: Sewer available, not adversely affected. Existing sewer main on site. No storm water piping or any other Utility allowed within five feet of existing sewer main. Contact Little Rock Wastewater Utility at 688-1414 for additional details. Enter. : A ten -foot utility easement is required along the western property line extending from Cantrell Road to the northern property boundary. Contact Entergy at 954-5158 for additional information. Center -Point Energy: No comment received. SBC: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Fire Department: County Planning: No comment. CATA: The site is located on CATA Bus Route #25 the Highway 10 Express. Planning_Division: This request is located in the River Mountain Planning District. The Land Use Plan shows Commercial for this property. The applicant has applied for a revised PCD for changes to the construction of the Catfish City Restaurant. The request does not require a change to the Land Use Plan. Master Street Plan: Cantrell Road is shown as a Principal Arterial and parts of Taylor Loop Road are shown as a Minor Arterial on the plan. Cantrell Road is built as a five - lane road through the area and Taylor Loop Road is not built to standards. The primary function of the Principal Arterial, Cantrell Road, is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. A Minor Arterial provides connections to and though an urban area and their primary function are to provide short distance travel within the urbanized area not to provide access. Dedication and street improvements may be required. Landscape: A perimeter landscape buffer strip with an average of twenty-five (25) feet is required to comply with the Highway 10 Overlay District. A portion of the northern landscape buffer is located within a utility easement area. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the northern perimeter of the site. Credit towards fulfilling this requirement can be given for existing trees and undergrowth that satisfies this year -around requirement. An automatic irrigation system to water landscaped areas will be required. Revised.plat/Dian: Submit four (4) copies of a revised preliminary plan (to include the additional information as noted above) to staff on Wednesday, December 29, 2004.