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HomeMy WebLinkAboutZ-7603-E Staff AnalysisFILE NO.: Z -7603-E NAME: Cantrell Falls Lot 1 Short -form PCD LOCATION: Located at 14910 Cantrell Road DEVELOPER: FRP Cantrell, LLC 11500 North Rodney Parham Road, Suite 3 Little Rock, AR 72212 ENGINEER: The Holloway Firm, Inc. Mr. Bob Holloway 200 Casey Drive Maumelle, AR 72113 AREA: 1.15 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: PCD ALLOWED USES: 0-3, General Office District and C-3, General Commercial District PROPOSED ZONING: Revised PCD PROPOSED USE: 0-3, General Office District and C-3, General Commercial District — A revision to allow a commercial ground -mounted sign within the landscape area on Lot 1. VARIAN CESM/AIVERS REQUESTED: None requested. BACKGROUND: A request to rezone a portion of this site from R-2, Single-family to POD was filed and withdrawn from consideration prior to the June 3, 2004, Planning Commission Public Hearing. The applicant proposed a development to include office and commercial activities on 3.6 acres located along the western portion of this site. (Z-7603) FILE NO.: Z -7603-E (Cont. Ordinance No. 19,314 adopted by the Little Rock Board of Directors on April 19, 2005, established PDC Company Short -form POD. The request included the development of a 3.6 acre parcel as a Planned Office Development with a restaurant facility on one of the proposed lots and an office building on the second lot. Lot 1 would develop with a restaurant without drive-through service containing 4,500 square feet and Lot 2 would develop with 29,200 square foot of office space. The overall percent for each use on the site was eighty-seven percent office and thirteen percent commercial. The approval established the hours of operation from 6 am to midnight seven days per week. The development has not been constructed. (Z -7603-A) On June 22, 2006, the Little Rock Planning Commission denied a request to allow 14910 Cantrell Road and the PDC Company Short -form POD to be rezoned from R-2, Single-family and POD to PCD to allow a four -lot subdivision with a combination of sit- down and drive-through restaurants. The lots varied in size from 1.3 acres to 2.5 acres. Restaurant sizes range from 4,100 square feet to 7,200 square feet. A cul-de-sac would be constructed as a public street from Highway 10 through the middle of the lots to provide public street frontage for each lot. The developer requested the flexibility to shift lot area and restaurant size within the development to accommodate a variety of tenants. A 40 -foot access and utility easement was proposed from the cul-de-sac to a property located to the east of the site. The site was approved as a PCD to allow the construction of a strip retail center with no parking or access located along the rear of the building. According to the applicant access to the site to the east would allow circulation between developments and limit the need for vehicles to access Cantrell Road from the development site. Placement of the access easement would allow vehicles from as far west as Regions Bank to access the existing traffic signal for protected left turns. (Z -7603-B) On February 6, 2007, the Little Rock Board of Directors approved Ordinance No. 19,694 rezoning 14910 Cantrell Road from R-2, Single-family to PCD which allowed the development of 4.2 acres as a two lot development. The site plan indicated two buildings would be constructed on the site. A building containing 7,200 square feet and 107 parking spaces was proposed on the lot fronting Cantrell Road and a second building containing 6,300 square feet and 110 parking spaces was proposed for the rear lot. A maximum of 13,000 square feet of restaurant space was approved. A selected list of commercial uses was approved for the site other than a restaurant. The hours of operation for a restaurant facility were limited to 10:00 am to midnight seven days per week. The lots were proposed each containing in excess of two acres. Access to the development was proposed through a 24 -foot drive located along the western perimeter of the site and was to be shared with the property approved for PDC Short -form POD located to the west proposed for future development with office and commercial uses. The following uses were approved as allowable uses for the development: Bank or savings and loan, Book and stationary store, Camera shop, Clinic (medical, dental or optical), Clothing store, Eating place without drive-in service, Florist shop, Furniture ON FILE NO.: Z -7603-E (Cont_ store, Hardware or sporting goods store, Health studio or spa, Jewelry store, Laundry, domestic cleaning, Office (general and professional), Optical shop, Photography studio, Retail uses not listed (enclosed). A definition of a "sit down restaurant" was also approved. A "sit down restaurant" is a type of restaurant, which provides tables where one sits down to eat a meal, typically served by wait staff. Historically called simply restaurants, following the rise of fast food restaurants, a retronym for the older "standard" restaurant was created. Most commonly, "sit down restaurant" refers to a casual dining restaurant with table service rather than a fast food service where one orders food at a counter. Sit down restaurants are often further categorized as "family style" or "formal". (Z -7603-C) Ordinance No. 19,946 adopted by the Little Rock Board of Directors on April 1, 2008, allowed a revision to the previously approved PCD. The approval allowed two separate approvals, a POD and a PCD, to be combined into a single development. The development contained four lots titled Cantrell Falls Long -form PCD. The approval allowed a 3,400 square foot drive-through restaurant on Lot 1, a 29,180 square foot office building on Lot 2, including a banking facility with drive-through service, a 6,560 square foot restaurant on Lot 3 and a 4,000 square foot restaurant, a 11,617 square foot retail center and a 2,000 square foot bank on Lot 4. The hours of operation for the development are proposed from 6 am to midnight seven days per week. A single development sign serving the four (4) lots was approved. (Z -7603-D) A. PROPOSAUREQUEST: The applicant is seeking a revision to the previously approved site plan to allow the placement of a commercial ground -mounted sign located within the landscape front yard area of Lot 1. The sign is proposed with a maximum height of six feet and a maximum sign area- of seventy-two square feet. The sign is proposed with the company's logo, lettering spelling out the company name and a LED reader board. There are no other changes or modifications proposed for the site plan from the previous approval. B. EXISTING CONDITIONS: The site is a grass covered tract with a scattering of trees. To the east of the site is the Wal -Greens development, a strip retail center and Catfish City is located further east. The area to the north is vacant and undeveloped; currently zoned R-2, Single-family. To the west of the site is a branch bank adjacent to Cantrell Road and a dentist office and medical office are located in the rear of the site on separate lots. To the south of the site are vacant properties zoned R-2, Single- family. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents concerning the proposed request. All residents who could be identified K! FILE NO.: Z -7603-E Cont. located within 300 -feet of the site, the Westchester/Heatherbrae, the Secluded Hills, the Westbury and the Pinnacle Valley Neighborhood Associations, the Coalition of West Little Rock Neighborhoods and all owners of property located within 200 -feet of the site were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. All public improvements must be constructed as previously approved. All comments apply on previous application for construction of streets, sidewalks, and drainage. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this property. Entergy: No comment received. Center -Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water Works regarding the size and location of the water meter(s). A Capital Investment Charge based on the size of connection(s) will apply to this project in addition to normal charges. Provisions need to be taken to provide water service and fire protection to the property in the rear. Easements will be needed outside the paved area to allow for installation of meter(s) and fire hydrant(s). Fire Department: Install and place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is located on CATA Bus Route #25 - the Highway 10 Express Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the River Mountain Planning District. The Land Use Plan shows Mixed Use for this property. The applicant has applied for a revised Planned Commercial Development for a commercial use. The request does not require a change to the Land Use Plan. CI FILE NO.: Z -7603-E (Cont. Master Street Plan: Cantrell Road is a Principal Arterial. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Cantrell since it is a Principal Arterial. The street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes in the immediate vicinity. Neighborhood Action Plan: This area is covered by the River Mountain Neighborhood Action Plan. The Sustainable Natural Environment Goal states: "Promote vigorous enforcement of Landscaping & Excavation Ordinance." Landscape: No comment concerning the proposed signage request. G. SUBDIVISION COMMITTEE COMMENT: (July 17, 2008) The applicant was present. Staff presented an overview of the development stating the request was for individual lot signage for Lot 1 of the Cantrell Falls Subdivision. Staff stated there were no other modifications proposed. Staff stated there were no site plan issues in need of addressing. The applicant stated the desire was for the allowance of an individual tenant sign located on their lot. He stated Burger King desired the sign to allow a message reader board to identify products, sales promotions and/or hours. He stated the sign would comply with the height and area allowed per the overlay. He stated the sign would be a brick base monument sign with a simple logo, the name of the business and a small reader board complying with the City's standards regarding electronic message reader boards. 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: There were no outstanding technical issues associated with the request in need of addressing raised at the July 17, 2008, Subdivision Committee meeting. The request is to allow a revision to the previously approved site plan for placement of a commercial ground -mounted sign located within the landscape front yard area of the proposed Burger King located on Lot 1 of the Cantrell Falls Subdivision. The sign is proposed with a maximum height of six feet and a maximum sign area of seventy-two square feet. The sign is proposed with the company's logo, lettering spelling out the company name and a LED reader board. 5 FILE NO.: Z -7603-E (Cont. Section 36-346(f)(2) of the Little Rock Code of Ordinances Site design and development standards - Commercial building signage states each separate commercial building will be allowed a single monument ground -mounted sign located on the building site or in the landscaped front yard of the commercial development. The sign shall be a maximum of six (6) feet in height and seventy-two (72) square feet in area. Per Section 36-347 of the Little Rock Code of Ordinances - Commercial developments and multiple building sites states in the case of a commercial development or other development involving multiple building sites, whether on one (1) or more platted lots, the regulations shall apply to the development as an entire tract rather than to each platted lot. The approval of the PCD for Cantrell Falls allowed the placement of a single ground mounted monument commercial development sign. The sign is proposed located within the front yard landscape area along Highway 10. The exact location has not been determined but the site plan indicates the sign on this lot or across the drive on proposed Lot 4. Section 36-346(f)(1) of the Little Rock Code of Ordinances states signage identifying the commercial development shall not exceed ten (10) feet in height and one hundred (100) square feet in area. All signs that are ground -mounted shall be of a monument type design. These signs may be installed in the landscaped area of the front and side yards. There are no other changes or modifications proposed for the site plan from the previous approval. Staff is not supportive of the request. The purpose and intent section of the Highway 10 Design Overlay District states a desire to protect and enhance the scenic quality of the corridor by providing for sensitive development which will maximize the natural foliage and terrain while also providing platted buffer and landscaped areas. The ordinance also states the desire to create standards for signage and parking lot lighting which are in keeping with the intent of the article. Staff feels the development center signage and the building signage previously approved allow for adequate signage to serve the development and the center. STAFF RECOMMENDATIONS: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (AUGUST 7, 2008) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated August 6, 2008, requesting a deferral of the item to the September 18, 2008, public hearing. Staff stated the applicant's representative had indicated the need for the deferral was related to military duty. Staff stated the deferral request would require a waiver of the Commission's By-laws with regard to the late deferral request. Staff presented a recommendation of approval of the deferral. N FILE NO.: Z -7603-E (Cont. There was no further discussion of the item. The Chair entertained a motion for a By-law waiver with regard to the deferral request. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. The Chair entertained a motion for placement of the item on the Consent Agenda for Deferral as recommended by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. STAFF UPDATE: There are no changes to the proposed development. Staff continues to recommend denial of the request. PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008) Mr. Dominick Flis and Mr. David Flis were present. There were registered objectors present. Staff presented the item with a recommendation of denial. Mr. David Flis stated he was a resident of Arkansas for 30 plus years and picked Arkansas to be his home. He stated presently he had three stores in Little Rock. He stated he did not desire to build in Little Rock because of the development regulations the City imposed. He stated he purchased the property for $700,000. He had building cost of $800,000 and FFE of $400,000. He stated he wanted assurance he could recoup the money expended by exercising his landowner rights and the placement of a sign within the landscaped area of his site. He stated the parcel was a separate lot and he should be allowed a sign to identify his business separate from the development signage proposed. Dominick Flis presented the Commission with photos of the area and other signage located along the corridor. He stated there were a number of developments which had multiple signs and he desired to be treated the same as these developments. He stated the sign proposed for the development was 300 feet from the nearest sign located at Taylor Loop Road and Cantrell Road. He stated the sign proposed for Burger King was 100 feet from the development sign for Cantrell Falls. He stated this would not create visual clutter as indicated by staff. He stated the Center at 10 was allowed three signs and the Sonic located in the Kroger shopping center was also allowed individual signage. He also stated the Bank of Little Rock and Little Rock Mortgage Company also had individual signs. Ms. Celia Martin of the Westchester Neighborhood addressed the Commission in opposition. She stated this was not a case of the sign placement or the design or style of the sign. She stated the neighborhood desired the Commission to uphold the Highway 10 Plan. She stated in April the Commission approved the PCD for this development. She stated at the August 7th Planning Commission meeting staff told the Commission they did not set prescient by approving or denying an item and that each item was judged on its individual merits. She stated this applicant was not the applicant 7 FILE NO.: Z -7603-E (Cont. of the April approval but the applicant should have know what they were buying and what could and could not be done on the property. Mr. Mike Sarr, President of the Westchester Neighborhood Association, addressed the Commission in opposition. He stated the neighborhood encouraged compliance with the overlay and requested the Commission deny the request. Ms. Ruth Bell, League of Women Voters, addressed the Commission in opposition. She stated the League had been long standing supporters of the Overlay. She stated the Commission had typically been consistent supporters of setbacks and signage and very seldom allowed variation. She stated it was not time for a change. She stated an experienced businessman should have known what he could and could not do on a piece of property. Commissioner Nunnley questioned staff why this site was different than the others Mr. Flis had indicated. Staff stated the signage plan for the developments provided by Mr. Flis were part of the originally approved site plan through the planned development process. Staff stated the developers of Cantrell Falls ask for a single sign to serve the development and that was what was approved. There was a general discussion of the Commission stating the site was the same development. The Commissioners stated although this was this developers first trip to the Commission it did not change the fact Cantrell Falls PCD was a long hard fought battle. The Commissioners stated the site was not recognized for commercial development and to allow the commercial activity on the site was a negotiation process of give and take. The Commissioners stated there were restrictions placed on the future development of the property in order to get the commercial zoning. The Commission stated there were additional restrictions on this property that may not be on other parcels. The Commission stated this was all a part of the approval. There was no further discussion of the item. The chair entertained a motion for approval of the item. The motion failed by a vote of 3 ayes, 4 noes, 3 absent and 1 abstention (Commissioner JT Ferstl). n. September 18, 2008 ITEM NO.: F NAME: Cantrell Falls Lot 1 Short -form PCD LOCATION: Located at 14910 Cantrell Road DEVELOPER: FRP Cantrell, LLC 11500 North Rodney Parham Road, Suite 3 Little Rock, AR 72212 FNr�INFFR- The Holloway Firm, Inc. Mr. Bob Holloway 200 Casey Drive Maumelle, AR 72113 AREA: 1.15 acres NUMBER OF LOTS: 1 CURRENT ZONING: PCD FILE NO.: Z -7603-E FT. NEW STREET: 0 LF ALLOWED USES: 0-3, General Office District and C-3, General Commercial District PROPOSED ZONING: Revised PCD PROPOSED USE: 0-3, General Office District and C-3, General Commercial District — A revision to allow a commercial ground -mounted sign within the landscape area on Lot 1. VARIANCESM/AIVERS REQUESTED: None requested. BACKGROUND: A request to rezone a portion of this site from R-2, Single-family to POD was filed and withdrawn from consideration prior to the June 3, 2004, Planning Commission Public Hearing. The applicant proposed a development to include office and commercial activities on 3.6 acres located along the western portion of this site. (Z-7603) Ordinance No. 19,314 adopted by the Little Rock Board of Directors on April 19, 2005, established PDC Company Short -form POD. The request included the development of a 3.6 acre parcel as a Planned Office Development with a restaurant facility on one of September 18, 2008 SUBDIVISION ITEM NO,: F [Cont. FILE NO.: Z -7603-E the proposed lots and an office building on the second lot. Lot 1 would develop with a restaurant without drive-through service containing 4,500 square feet and Lot 2 would develop with 29,200 square foot of office space. The overall percent for each use on the site was eighty-seven percent office and thirteen percent commercial. The approval established the hours of operation from 6 am to midnight seven days per week. The development has not been constructed. (Z -7603-A) On June 22, 2006, the Little Rock Planning Commission denied a request to allow 14910 Cantrell Road and the PDC Company Short -form POD to be rezoned from R-2, Single-family and POD to PCD to allow a four -lot subdivision with a combination of sit- down and drive-through restaurants. The lots varied in size from 1.3 acres to 2.5 acres. Restaurant sizes range from 4,100 square feet to 7,200 square feet. A cul-de-sac would be constructed as a public street from Highway 10 through the middle of the lots to provide public street frontage for each lot. The developer requested the flexibility to shift lot area and restaurant size within the development to accommodate a variety of tenants. A 40 -foot access and utility easement was proposed from the cul-de-sac to a property located to the east of the site. The site was approved as a PCD to allow the construction of a strip retail center with no parking or access located along the rear of the building. According to the applicant access to the site to the east would allow circulation between developments and limit the need for vehicles to access Cantrell Road from the development site. Placement of the access easement would allow vehicles from as far west as Regions Bank to access the existing traffic signal for protected left turns. (Z -7603-B) On February 6, 2007, the Little Rock Board of Directors approved Ordinance No. 19,694 rezoning 14910 Cantrell Road from R-2, Single-family to PCD which allowed the development of 4.2 acres as a two lot development. The site plan indicated two buildings would be constructed on the site. A building containing 7,200 square feet and 107 parking spaces was proposed on the lot fronting Cantrell Road and a second building containing 6,300 square feet and 110 parking spaces was proposed for the rear lot. A maximum of 13,000 square feet of restaurant space was approved. A selected list of commercial uses was approved for the site other than a restaurant. The hours of operation for a restaurant facility were limited to 10:00 am to midnight seven days per week. The lots were proposed each containing in excess of two acres. Access to the development was proposed through a 24 -foot drive located along the western perimeter of the site and was to be shared with the property approved for PDC Short -form POD located to the west proposed for future development with office and commercial uses. The following uses were approved as allowable uses for the development: Bank or savings and loan, Book and stationary store, Camera shop, Clinic (medical, dental or �: September 18, 2008 SUBDIVISION ITEM NO.: F (Cont. FILE NO.: Z -7603-E optical), Clothing store, Eating place without drive-in service, Florist shop, Furniture store, Hardware or sporting goods store, Health studio or spa, Jewelry store, Laundry, domestic cleaning, Office (general and professional), Optical shop, Photography studio, Retail uses not listed (enclosed). A definition of a "sit down restaurant" was also approved. A "sit down restaurant" is a type of restaurant, which provides tables where one sits down to eat a meal, typically served by wait staff. Historically called simply restaurants, following the rise of fast food restaurants, a retronym for the older "standard" restaurant was created. Most commonly, "sit down restaurant" refers to a casual dining restaurant with table service rather than a fast food service where one orders food at a counter. Sit down restaurants are often further categorized as "family style" or "formal". (Z -7603-C) Ordinance No. 19,946 adopted by the Little Rock Board of Directors on April 1, 2008, allowed a revision to the previously approved PCD. The approval allowed two separate approvals, a POD and a PCD, to be combined into a single development. The development contained four lots titled Cantrell Falls Long -form PCD. The approval allowed a 3,400 square foot drive-through restaurant on Lot 1, a 29,180 square foot office building on Lot 2, including a banking facility with drive-through service, a 6,560 square foot restaurant on Lot 3 and a 4,000 square foot restaurant, a 11,617 square foot retail center and a 2,000 square foot bank on Lot 4. The hours of operation for the development are proposed from 6 am to midnight seven days per week. A single development sign serving the four (4) lots was approved. (Z -7603-D) A. PROPOSAL/REQUEST: The applicant is seeking a revision to the previously approved site plan to allow the placement of a commercial ground -mounted sign located within the landscape front yard area of Lot 1. The sign is proposed with a maximum height of six feet and a maximum sign area of seventy-two square feet. The sign is proposed with the company's logo, lettering spelling out the company name and a LED reader board. There are no other changes or modifications proposed for the site plan from the previous approval. B. EXISTING CONDITIONS. The site is a grass covered tract with a scattering of trees. To the east of the site is the Wal -Greens development, a strip retail center and Catfish City is located further east. The area to the north is vacant and undeveloped; currently zoned R-2, Single-family. To the west of the site is a branch bank adjacent to Cantrell Road and a dentist office and medical office are located in the rear of the site on separate lots. To the south of the site are vacant properties zoned R-2, Single- family. 3 September 18, 2008 SUBDIVISION ITEM NO.: F (Cont. C. NEIGHBORHOOD COMMENTS: FILE NO.: Z -7603-E As of this writing, staff has received several informational phone calls from area residents concerning the proposed request. All residents who could be identified located within 300 -feet of the site, the Westchester/Heatherbrae, the Secluded Hills, the Westbury and the Pinnacle Valley Neighborhood Associations, the Coalition of West Little Rock Neighborhoods and all owners of property located within 200 -feet of the site were notified of the public hearing. D. ENGINEERING COMMENTS. PUBLIC WORKS CONDITIONS: 1. All public improvements must be constructed as previously approved. All comments apply on previous application for construction of streets, sidewalks, and drainage. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this property. Entergy: No comment received. Center -Point Enerav: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water Works regarding the size and location of the water meter(s). A Capital Investment Charge based on the size of connection(s) will apply to this project in addition to normal charges. Provisions need to be taken to provide water service and fire protection to the property in the rear. Easements will be needed outside the paved area to allow for installation of meter(s) and fire hydrant(s). Fire Department: Install and place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATH: The site is located on CATA Bus Route #25 - the Highway 10 Express Route. CI September 18, 2008 SUBDIVISION ITEM NO.: F (Cont. F. ISSUES/TECHNICAL/DESIGN: FILE NO.: Z -7603-E Planning Division: This request is located in the River Mountain Planning District. The Land Use Plan shows Mixed Use for this property. The applicant has applied for a revised Planned Commercial Development for a commercial use. The request does not require a change to the Land Use Plan. Master Street Plan: Cantrell Road is a Principal Arterial. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Cantrell since it is a Principal Arterial. The street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes in the immediate vicinity. Neighborhood Action Plan: This area is covered by the River Mountain Neighborhood Action Plan. The Sustainable Natural Environment Goal states: "Promote vigorous enforcement of Landscaping & Excavation Ordinance." Landscape: No comment concerning the proposed signage request. G. SUBDIVISION COMMITTEE COMMENT: (July 17, 2008) The applicant was present. Staff presented an overview of the development stating the request was for individual lot signage for Lot 1 of the Cantrell Falls Subdivision. Staff stated there were no other modifications proposed. Staff stated there were no site plan issues in need of addressing. The applicant stated the desire was for the allowance of an individual tenant sign located on their lot. He stated Burger King desired the sign to allow a message reader board to identify products, sales promotions and/or hours. He stated the sign would comply with the height and area allowed per the overlay. He stated the sign would be a brick base monument sign with a simple logo, the name of the business and a small reader board complying with the City's standards regarding electronic message reader boards. 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. 5 September 18, 2008 SUBDIVISION ITEM NO.: F (Cont. H. ANALYSIS: FILE NO.: Z -7603-E There were no outstanding technical issues associated with the request in need of addressing raised at the July 17, 2008, Subdivision Committee meeting. The request is to allow a revision to the previously approved site plan for placement of a commercial ground -mounted sign located within the landscape front yard area of the proposed Burger King located on Lot 1 of the Cantrell Falls Subdivision. The sign is proposed with a maximum height of six feet and a maximum sign area of seventy-two square feet. The sign is proposed with the company's logo, lettering spelling out the company name and a LED reader board. Section 36-346(f)(2) of the Little Rock Code of Ordinances Site design and development standards - Commercial building signage states each separate commercial building will be allowed a single monument ground -mounted sign located on the building site or in the landscaped front yard of the commercial development. The sign shall be a maximum of six (6) feet in height and seventy-two (72) square feet in area. Per Section 36-347 of the Little Rock Code of Ordinances - Commercial developments and multiple building sites states in the case of a commercial development or other development involving multiple building sites, whether on one (1) or more platted lots, the regulations shall apply to the development as an entire tract rather than to each platted lot. The approval of the PCD for Cantrell Falls allowed the placement of a single ground mounted monument commercial development sign. The sign is proposed located within the front yard landscape area along Highway 10. The exact location has not been determined but the site plan indicates the sign on this lot or across the drive on proposed Lot 4. Section 36-346(f)(1) of the Little Rock Code of Ordinances states signage identifying the commercial development shall not exceed ten (10) feet in height and one hundred (100) square feet in area. All signs that are ground -mounted shall be of a monument type design. These signs may be installed in the landscaped area of the front and side yards. There are no other changes or modifications proposed for the site plan from the previous approval. Staff is not supportive of the request. The purpose and intent section of the Highway 10 Design Overlay District states a desire to protect and enhance the scenic quality of the corridor by providing for sensitive development which will maximize the natural foliage and terrain while also providing platted buffer and landscaped areas. The ordinance also states the desire to create standards for signage and parking lot lighting which are in keeping with the intent of the article. Staff feels the development center signage and the building signage previously approved allow for adequate signage to serve the development and the center. D September 18, 2008 SUBDIVISION ITEM NO.: F (Cont. STAFF RECOMMENDATIONS: Staff recommends denial of the request. FILE NO.: Z -7603-E PLANNING COMMISSION ACTION: (AUGUST 7, 2008) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated August 6, 2008, requesting a deferral of the item to the September 18, 2008, public hearing. Staff stated the applicant's representative had indicated the need for the deferral was related to military duty. Staff stated the deferral request would require a waiver of the Commission's By-laws with regard to the late deferral request. Staff presented a recommendation of approval of the deferral. There was no further discussion of the item. The Chair entertained a motion for a By-law waiver with regard to the deferral request. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. The Chair entertained a motion for placement of the item on the Consent Agenda for Deferral as recommended by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. STAFF UPDATE: There are no changes to the proposed development. Staff continues to recommend denial of the request. PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008) Mr. Dominick Flis and Mr. David Flis were present. There were registered objectors present. Staff -presented the item with a recommendation of denial. Mr. David Flis stated he was a resident of Arkansas for 30 plus years and picked Arkansas to be his home. He stated presently he had three stores in Little Rock. He stated he did not desire to build in Little Rock because of the development regulations the City imposed. He stated he purchased the property for $700,000. He had building cost of $800,000 and FFE of $400,000. He stated he wanted assurance he could recoup the money expended by exercising his landowner rights and the placement of a sign within the landscaped area of his site. He stated the parcel was a separate lot and he should be allowed a sign to identify his business separate from the development signage proposed. 7 September 18, 2008 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: Z -7603-E Dominick Flis presented the Commission with photos of the area and other signage located along the corridor. He stated there were a number of developments which had multiple signs and he desired to be treated the same as these developments. He stated the sign proposed for the development was 300 feet from the nearest sign located at Taylor Loop Road and Cantrell Road. He stated the sign proposed for Burger King was 100 feet from the development sign for Cantrell Falls. He stated this would not create visual clutter as indicated by staff. He stated the Center at 10 was allowed three signs and the Sonic located in the Kroger shopping center was also allowed individual signage. He also stated the Bank of Little Rock and Little Rock Mortgage Company also had individual signs. Ms. Celia Martin of the Westchester Neighborhood addressed the Commission in opposition. She stated this was not a case of the sign placement or the design or style of the sign. She stated the neighborhood desired the Commission to uphold the Highway 10 Plan. She stated in April the Commission approved the PCD for this development. She stated at the August 7th Planning Commission meeting staff told the Commission they did not set prescient by approving or denying an item and that each item was judged on its individual merits. She stated this applicant was not the applicant of the April approval but the applicant should have know what they were buying and what could and could not be done on the property. Mr. Mike Sarr, President of the Westchester Neighborhood Association, addressed the Commission in opposition. He stated the neighborhood encouraged compliance with the overlay and requested the Commission deny the request. Ms. Ruth Bell, League of Women Voters, addressed the Commission in opposition. She stated the League had been long standing supporters of the Overlay. She stated the Commission had typically been consistent supporters of setbacks and signage and very seldom allowed variation. She stated it was not time for a change. She stated an experienced businessman should have known what he could and could not do on a piece of property. Commissioner Nunnley questioned staff why this site was different than the others Mr. Flis had indicated. Staff stated the signage plan for the developments provided by Mr. Flis were part of the originally approved site plan through the planned development process. Staff stated the developers of Cantrell Falls ask for a single sign to serve the development and that was what was approved. There was a general discussion of the Commission stating the site was the same development. The Commissioners stated although this was this developers first trip to the Commission it did not change the fact Cantrell Falls PCD was a long hard fought battle. The Commissioners stated the site was not recognized for commercial development and to allow the commercial activity on the site was a negotiation process of give and take. The Commissioners stated there were restrictions placed on the September 18, 2008 SUBDIVISION ITEM NO.: F (Cont. FILE NO.: Z -7603-E future development of the property in order to get the commercial zoning. The Commission stated there were additional restrictions on this property that may not be on other parcels. The Commission stated this was all a part of the approval. There was no further discussion of the item. The chair entertained a motion for approval of the item. The motion failed by a vote of 3 ayes, 4 noes, 3 absent and 1 abstention (Commissioner JT Ferstl). 9 ITEM NO.: 9. NAME: Cantrell Falls Lot 1 Short -form PCD LOCATION: located at 14910 Cantrell Road Planning Staff Comments: Z -7603-E 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. The notices must be mailed no later than July 23, 2008. The Office of Planning and Development must receive the proof of notice no later than August 1, 2008. 2. Provide details of the development signage approved for the previously approved PCD. Variance/Waivers: Public Works Conditions: 1. All public improvements must be constructed as previously approved. All comments apply on previous application for construction of streets, sidewalks, and drainage. Utilities and Fire Department/County Planning: Wastewater: Sewer available to this property. Entergy: No comment received. Center -Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water Works regarding the size and location of the water meter(s). A Capital Investment Charge based on the size of connection(s) will apply to this project in addition to normal charges. Provisions need to be taken to provide water service and fire protection to the property in the rear. Easements will be needed outside the paved area to allow for installation of meter(s) and fire hydrant(s). Fire Department: Install and place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. Item # 9. CATA: The site is located on CATA Bus Route #25 - the Highway 10 Express Route. Planning Division: This request is located in the River Mountain Planning District. The Land Use Plan shows Mixed Use for this property. The applicant has applied for a revised Planned Commercial Development for a commercial use. The request does not require a change to the Land Use Plan. Master Street Plan: Cantrell Road is a Principal Arterial. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Cantrell since it is a Principal Arterial. The street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Pian: There are no bike routes in the immediate vicinity. Neighborhood Action Plan:_ This area is covered by the River Mountain Neighborhood Action Plan. The Sustainable Natural Environment Goal states: "Promote vigorous enforcement of Landscaping & Excavation Ordinance." Landscape: No comment concerning the proposed signage request. Revised plat/plan: Submit four (4) copies of a revised preliminary plat/plan (to include the additional information as noted above) to staff on Wednesday, July 23, 2008. Item # 9.