Loading...
HomeMy WebLinkAboutZ-7603-F Staff AnalysisMarch 10, 2011 ITEM NO.: D FILE NO.: Z -7603-F NAME: Cantrell Falls Revised Long -form PCD LOCATION: Located at 14910 Cantrell Road DEVELOPER: PDC Companies 1501 N. University Avenue Little Rock, AR 72207 FNGINFFR- The Holloway Firm, Inc. Mr. Bob Holloway 200 Casey Drive Maumelle, AR 72113 AREA: 7.93 acres CURRENT ZONING: ALLOWED USES PROPOSED ZONING: NUMBER OF LOTS: 5 PCD FT. NEW STREET: 0 LF 0-3, General Office District and C-3, General Commercial District PCD PROPOSED USE: 0-3, General Office District and C-3, General Commercial District — add a fifth lot to the development for automotive repair VARIANCESNVAIVERS 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 BACKGROUND: A request to rezone a portion of this site from R-2, Single-family to POD was filed and withdrawn from consideration prior to the June 3, 2004, Planning Commission Public Hearing.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 the proposed lots and an office building on the second lot. Lot 1 would develop with a March 10, 2011 SUBDIVISION ITEM NO.: D (Cont. FILE NO.: Z -7603 - 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 (adjacent to the east) 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. The item was not appealed to the Board of Directors. (Z -7603-B) On January 18, 2007, the Planning Commission approved a rezoning of 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. On February 6, 2007, the Little Rock Board of Directors approved Ordinance No. 19,694 allowing the rezoning. 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 6 March 10, 2011 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: Z -7603-F 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, rezoned both 14910 and the PDC development from POD and PCD to 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, a 6,560 square foot restaurant on Lot 3 and a 6,000 square foot restaurant, a 10,500 square foot retail center and a 2,000 square foot bank on Lot 4. The hours of operation for the development were approved from 6:00 am to midnight seven days per week for Lots 1, 2 and 4 and from 10:00 am to midnight seven days per week for Lot 3. The hours of dumpster service and the service hours of supplies were limited to daylight hours. The approved uses were limited to the following: 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 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). The development was required to construct an earthen berm along the Cantrell Road frontage within the 40 -foot landscape strip constructed to a minimum height of 42 -inches measured from the average grade of the site. Within the 40 -foot landscape strip an earthen sculpture and stone water feature would be constructed along with the landscaping as typically required to comply with the Highway 10 DOD. On September 18, 2008, the Little Rock Planning Commission denied a request to allow the placement of an individual tenant sign on Lot 1 to serve the Burger King. The denial was appealed to the Board of Directors and scheduled to be heard on January 5, 2009, but was withdrawn by the applicant prior to the public hearing. 3 March 10, 2011 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: Z -7603-F A. PROPOSALIREQUEST/APPLICANT'S STATEMENT: The applicant is now proposing to amend the previously approved PCD to allow a modification to the site plan along the eastern portion of the site (Lots 3 and 4). The applicant is proposing to create an additional lot along the eastern perimeter to allow the construction of an automotive repair shop within this area in addition to the sit down restaurant and stand alone retail building. The revised site plan allows for a reduction of parking in an effort to create additional landscaped areas. The revised plan includes Lot 1 which has developed with a 2,800 square foot restaurant with a drive-through facility, Lot 2 which is proposed to be developed with a 28,980 square foot office building. Lots 3 and 4 are proposed to be divided into three (3) lots. A 6,560 square foot restaurant building is to be located on Lot 3. Lot 4 is proposed to be developed with a 7,200 square foot automotive repair business and Lot 5 is proposed to be developed with a 5,000 square foot restaurant building. The development is indicated with cross access and cross parking. Located on Lot 1 there are 30 parking spaces and on Lot 2 there are 74 parking spaces. Lot 3 is indicated containing 106 parking spaces. Lot 4 is proposed containing 30 parking spaces and Lot 5 is indicated containing 53 parking spaces. B. EXISTING CONDITIONS: The entire site was cleared and leveled with the construction of the Burger King restaurant. No other buildings have been constructed. 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 a number of informational phone calls from area residents. All property owners located within 200 -feet of the site, all residents, who could be identified, located within 300 feet of the site, the Tulley Cove Neighborhood Association, the Pinnacle Valley Neighborhood Association, Secluded Hills Property Owners Association, the Westchester Heatherbrae Property Owners Association and the Westbury Neighborhood Association were notified of the public hearing. M March 10, 2011 SUBDIVISION ITEM NO.: D (Cont. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: FILE NO.: Z -7603-F 1. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 2. Sidewalks with appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan along with Cantrell Road and both sides of the public access easement. 3. The medians should be removed from the right turn lane and the intersection. Handicap ramps should cross the entrance driveway into the development at the property line. 4. Private access is proposed for these lots. In accordance with Section 31-207, private streets must be designed to the same standards as public streets. A minimum access easement width of 60 feet is required and street width of 36 feet from back of curb to back of curb. 5. Stormwater detention ordinance applies to this property. 6. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 7. If disturbed area is one (1) or more acres, obtain a NPDES stormwater permit from the Arkansas Department of Environmental Quality prior to the start of construction. 8. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. 9. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). 10. The development is showing a driveway access to the property to the east. This driveway access has not been recommended by staff in the past and should not installed with this revised application. For additional information, contact Bill Henry with Traffic Engineering at 379-1816. 11. Vehicle parking is not allowed along the drive access to the property to the east. If the property to the east has similar parking along their access drive, the parking must be removed. 5 March 10, 2011 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: Z -7603-F E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required with easements for Lots 3 and 4. Contact Little Rock Wastewater Utility for additional information. Entergy: No comment received. Center -Point Energy: Approved as submitted. 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. The Little Rock Fire Department needs to evaluate this site to determine if addition public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer's expense. Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. Contact Central Arkansas Water regarding the size and location of the water meter. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW's Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. no March 10, 2011 SUBDIVISION ITEM NO.: D (Cont. FILE NO.: Z -7603-F CATA: The site is located on CATA Bus Route #25 — the Highway 10 Express Route. Parks and Recreation: No comment. 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 and office use. This area is covered by the River Mountain Neighborhood Action Plan. The Sustainable Natural Environment Goal states: "Promote vigorous enforcement of Landscaping & Excavation Ordinance." 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 Road 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. Landscape: 1. Site plan must comply with the City's landscape and buffer ordinance requirements. G. SUBDIVISION COMMITTEE COMMENT: (November 24, 2010) Mr. Eric Holloway of the Holloway Firm was present representing the request. Staff presented an overview of the development stating there were a number of outstanding technical issues associated with the request in need of addressing. Staff requested details of the proposed signage including building signage and ground signage. Staff also stated there were specific uses approved with the original approval and question if there were any additional uses, other than auto repair, being requested with the revision. Staff also noted specific hours of operation were approved for the restaurant users and questioned if the hours would change. Public Works comments were addressed. Staff stated the drive indicated to connect to the property to the east should be removed. Staff stated the drive had been discussed on a number of occasions and was not supported by staff. Staff 7 March 10, 2011 SUBDIVISION ITEM NO.: D Cont. FILE NO.: Z -7603-F stated a grading permit would be required at the time of development. Staff also stated a private access was proposed to the lots. Staff stated private access was to be designed to public street standard. Staff stated a minimum access easement of 60 feet and 36 feet of pavement was required to serve the development. Landscaping comments were addressed. Staff stated a minimum landscape strip of nine feet was required along the common lot lines. Staff also stated all interior islands were to comply with the minimum standards of the Landscape Ordinance. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing the issues raised at the November 24, 2010, Subdivision Committee meeting. The revised plan has removed the driveway connection to the development to the east, indicated the nine (9) foot minimum landscape strip along the common lot lines and indicated the signage plan. The applicant is requesting to amend the hours of operation for Lots 1, 2, 4 and 5 to be from 6:00 am to midnight seven days per week. The hours for Lot 3 will remain from 10:00 am to midnight seven days per week. The applicant has not requested to amend the previously approved uses with the exception of the addition of automotive repair. The uses previously approved are limited to the following: 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 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) and Automotive repair. The applicant is proposing to amend the previously approved PCD to allow a modification to the site plan along the eastern portion of the site. The applicant is proposing to create an additional lot along the eastern perimeter and allow the construction of an automotive repair shop within this area. Along the eastern perimeter there will be a sit down restaurant located to the rear of the site and stand alone retail building located along Cantrell Road. :, March 10, 2011 SUBDIVISION ITEM NO.: D (Cont. FILE NO.: Z -7603-F Lot 1 has developed with a 2,800 square foot restaurant with a drive-through facility. Lot 2 is proposed to be developed with a 28,980 square foot office building. Lots 3 and 4 are proposed to be divided into Lots 3, 4 and 5. A 6,560 square foot restaurant building is proposed to be developed on Lot 3. The plan indicates Lot 4 to be developed with a 7,200 square foot automotive repair business and Lot 5 to be developed with a 5,000 square foot restaurant building. The development is indicated with cross access and cross parking. Located on Lot 1 there are 30 parking spaces and on Lot 2 there are 74 parking spaces. Lot 3 is indicated containing 87 parking spaces. Lot 4 is proposed containing 29 parking spaces and Lot 5 is indicated containing 49 parking spaces. Lot 1 is existing. Lot 2 is proposed for the development of an office building which would typically require the placement of 72 parking spaces. Lot 3 is proposed with a restaurant building which would typically require the placement of 65 parking spaces. Lot 4 is proposed as automotive repair which would typically require the placement of 24 parking spaces and Lot 5 is proposed with a restaurant which would typically require the placement of 50 parking spaces. No new ground signage is proposed along Cantrell Road. Each of the interior lots will be allowed a ground sign not to exceed six feet in height and sixty square feet in area. Building signage for Lots 2 — 4 will be allowed on the front facades of the buildings or on the facade abutting the access easement. Although the overall square footage of the retail portion of the development has not changed significantly staff is not supportive of the request. The previously approved plan and uses allowed for a more neighborhood friendly retail development and did not include automotive type uses. Typically automotive repair is a use that is allow in strictly commercial areas and typically not developed within or in close proximity to office and residential developments. Staff has concerns with the potential future development of the site if the site takes on this type use. Staff feels to add automotive repair to the site will only push the commercial node further away from the intended intersection of Cantrell and Taylor Loop Roads. Staff feels the retail development of this site should maintain the original intended uses of neighborhood type retail uses limited to uses which serve the immediate neighborhood. STAFF RECOMMENDATION: Staff recommends denial of the request as filed - 9 March 10, 2011 SUBDIVISION ITEM NO.: D (Cont. PLANNING COMMISSION ACTION: FILE NO.: Z -7603-F (DECEMBER 16, 2010) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had requested a deferral of the item on this date to the January 27, 2011 public hearing. Staff stated the deferral request would require a waiver of the Commission's By-laws with regard to the late deferral request. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The chair entertained a motion for approval of the By-law waiver with regard to the late deferral request. The motion carried by a vote of 9 ayes 0 noes, 0 absent and 2 open positions. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 9 ayes 0 noes, 0 absent and 2 open positions STAFF UPDATE: The applicant submitted a request dated January 13, 2011, requesting deferral of this item to the March 10, 2011, public hearing. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (JANUARY 27, 2011) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated January 13, 2011, requesting deferral of this item to the March 10, 2011, public hearing. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The Chair entertained a motion of approval of the item as presented by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. STAFF UPDATE: In the proposal request section of the staff write-up, staff incorrectly stated the office building proposed to be located on Lot 2 contained 28,980 square feet. The proposed building on Lot 2 was approved to contain 29,180 square feet. There is no change. Lot 5 is proposed to contain a 6,000 square foot restaurant and not a 5,000 square foot restaurant as indicated in the previous staff write-up. The Analysis section states the hours of operation will be amended for Lots 1 — 5 when in fact the hours are as were approved for the development. 10 March 10, 2011 SUBDIVISION ITEM NO.: D (Cont. FILE NO.: Z -7603-F Staff continues to not support the request. The applicant is requesting approval of an automotive repair business (tire and brake store) within the development which was approved with a mix of uses intended to serve the near by neighborhoods. A few of the listed approved uses were a bank, book store, camera shop, medical clinic, florist shop, health studio or spa, which are typically not destination businesses but are developed in close proximity to the neighborhoods they serve. Staff continues to have concerns with the potential future uses of the site should the tire and brake store be approved located within the heart of the development. Staff continues to feel this type business is a destination business and not in keeping with the original approval for neighborhood type retail uses which serve the near by residents. PLANNING COMMISSION ACTION: (MARCH 10, 2011) The applicant was present. There were registered objectors present. Staff presented the item with a recommendation of denial. Mr. Phil Wyle addressed the Commission as the applicant. He stated the request was to amend the PCD to allow the creation of an additional lot along the eastern perimeter of the development. He stated his company was a tire and brake store and desired to locate on the newly created lot within the development. He stated with the revision to the PCD there was less retail space being requested. He stated unlike staff he did feel his business was a neighborhood retail use. Ms. Celia Martin addressed the Commission in opposition of the request. She stated the neighborhood was opposed to the change. She started the development appeared to be coming back to the Commission to get more and more commercial. She stated the current approval allowed for a destination restaurant on the lot behind the proposed tire and brake center. She questioned what national or local restaurant would want to locate behind a tire center. She also questioned if the office users would want to look and the tire center out their windows. She stated the concern was the amount of traffic the development would potentially generate. She stated the residents were more interested in keeping the previously approved uses, which were more neighborhood retail type uses. She stated this development would potentially dictate the development pattern of the property located to the south of Cantrell Road, which would directly impact the Westchester neighborhood. Ms. Ruth Bell representing the League of Women Voters addressed the Commission in opposition of the request. She stated the Highway 10 DOD established nodes for retail development. She stated the nodes for commercial development were limited to intersections. She stated there were a number of uses in the development that did not appear to go with auto repair. 11 March 10, 2011 SUBDIVISION ITEM NO.: D (Cont. FILE NO.: Z -7603-F Mr. Wyle addressed the Commission once again. He provided the Commission with a visual presentation of other service centers similar to his use and the relationship of these uses to residential areas. He provided the Commission with a visual as to the location of existing businesses which provided a similar service in relation to the proposed location. The Commission questioned the days and hours of operation for the development. Mr. Wyle stated the business was open from 7:30 am to 5:30 pm Monday thorough Friday and Saturday from 7:30 until noon. The Commission questioned if any activities would take place outside the building. Mr. Wyle stated no. All repairs were made on the inside of the building. The Commission questioned if cars were left outside over night. Mr. Wyle stated all cars were stored inside the building over night. There was a brief discussion concerning construction materials and signage. Mr. Wyle stated the building would be four sided brick. He stated signage would comply with the approved PCD and the Highway 10 DOD. The Chair entertained a motion for approval of the item including the staff comments located in the paragraphs D, E and F of the agenda staff report. The motion carried by a vote of 10 ayes, 1 no and 0 absent. 12 ITEM NO.: 11 NAME: Cantrell Falls Revised Long -form POD LOCATION: located at 14910 Cantrell Road Planning Staff Comments: Z -7603-F 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 notice must be mailed no later than December 1, 2010. The Office of Planning and Development must receive the proof of notice no later than December 10, 2010. 2. Provide details of the proposed signage including ground signage and building signage. On the site plan note the height and total square footage proposed for ground signage. Also include a note on the site plan indicating the location of building signage and the percentage of the facade area to be covered by signage. The previously approved development sign has not been indicated on the site plan. 3. The previous approval allowed for a specific listing of uses. The approved uses were limited to the following: 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 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). Are there any changes to the approved use listing with the exception of automotive repair? 4. The previous approval required an earthen berm along the Cantrell Road frontage within the 40 -foot landscape strip constructed to a minimum height of 42 -inches measured from the average grade of the site. Within the 40 -foot landscape strip an earthen sculpture and stone water feature would be constructed along with the landscaping as typically required to comply with the Highway 10 DOD. 5. The previous approval limited the hours of operation for the development from 6:00 am to midnight seven days per week for Lots 1, 2 and 4 and from 10:00 am to midnight seven days per week for Lot 3. The hours of dumpster service and the service hours of supplies were limited to daylight hours. 6. All site lighting must be low level and directional, directed downward and into the site. 7. A portion of the parking located on Lot 5 is indicated within the required landscape strip of the Highway 10 DOD. In addition each of the lots should provide a minimum of nine feet of landscaping along the common lot lines. The area between Lots 3 and 4 and Lots 4 and 5 are insufficient. 8. If the drive to access the property to the east is desired the property to the east must also be a party to the rezoning request. The eastern property is zoned PCD which will require a revision to their PCD to allow this access to take place. Please contact the eastern property owner and request they file an application to revise their PCD in conjunction with this request or remove the drive access. Item # 11. Variance/Waivers: None requested. Public Works Conditions: 1. Repair or replace any curb and gutter or sidewalk that is damaged in the public right- of-way prior to occupancy. 2. Sidewalks with appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan along with Cantrell Road and both sides of the public access easement. 3. The medians should be removed from the right turn lane and the intersection. Handicap ramps should cross the entrance driveway into the development at the property line. 4. Private access is proposed for these lots. In accordance with Section 31-207, private streets must be designed to the same standards as public streets. A minimum access easement width of 60 feet is required and street width of 36 feet from back of curb to back of curb. 5. Stormwater detention ordinance applies to this property. 6. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 7. If disturbed area is one (1) or more acres, obtain a NPDES stormwater permit from the Arkansas Department of Environmental Quality prior to the start of construction. 8. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. 9. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). 10.The development is showing a driveway access to the property to the east. This driveway access has not been recommended by staff in the past and should not installed with this revised application. For additional information, contact Bill Henry with Traffic Engineering at 379-1816. 11. Vehicle parking is not- allowed along the drive access to the property to the east. If the property to the east has similar parking along their access drive, the parking must be removed. 12. Provide building elevations for the proposed automotive repair building. There has been a question from the neighborhood as to the orientation of the service bay doors. Utilities and Fire Department/County Planning: Wastewater: Sewer main extension required with easements for Lots 3 and 4. Contact Little Rock Wastewater Utility for additional information. Enter : No comment received. Center -Point Enema: Approved as submitted. AT & T: No comment received. Item # 11. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. The Little Rock Fire Department needs to evaluate this site to determine if addition public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer's expense. Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. Contact Central Arkansas Water regarding the size and location of the water meter. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW's Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: 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. Parks and Recreation: No comment. 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 and office use. This area is covered by the River Mountain Neighborhood Action Plan. The Sustainable Natural Environment Goal states: "Promote vigorous enforcement of Landscaping & Excavation Ordinance." 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 Road 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. Item # 11. Landscape: 1. Site plan must comply with the City's landscape and buffer ordinance requirements. Revised plat/plan: Submit four (4) copies of a revised preliminary plat/plan (to include the additional information as noted above) to staff on Wednesday, December 1, 2010. Item # 11. FILE NO.: Z -7603-F NAME: Cantrell Falls Revised Long -form PCD LOCATION: Located at 14910 Cantrell Road DEVELOPER: PDC Companies 1501 N. University Avenue Little Rock, AR 72207 ENGINEER: The Holloway Firm, Inc. Mr. Bob Holloway 200 Casey Drive Maumelle, AR 72113 AREA: 7.93 acres NUMBER OF LOTS: 5 FT. NEW STREET: 0 LF CURRENT ZONING: PCD ALLOWED USES: 0-3, General Office District and C-3, General Commercial District PROPOSED ZONING: PCD PROPOSED USE: 0-3, General Office District and C-3, General Commercial District — add a fifth lot to the development for automotive repair VARIANCES/WAIVERS 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 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 FILE NO.: Z -7603-F (Cont. 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 (adjacent to the east) 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. The item was not appealed to the Board of Directors. (Z -7603-B) On January 18, 2007, the Planning Commission approved a rezoning of 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. On February 6, 2007, the Little Rock Board of Directors approved Ordinance No. 19,694 allowing the rezoning. 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 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 P� FILE NO.: Z -7603-F (Cont 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, rezoned both 14910 and the PDC development from POD and PCD to 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, a 6,560 square foot restaurant on Lot 3 and a 6,000 square foot restaurant, a 10,500 square foot retail center and a 2,000 square foot bank on Lot 4. The hours of operation for the development were approved from 6:00 am to midnight seven days per week for Lots 1, 2 and 4 and from 10:00 am to midnight seven days per week for Lot 3. The hours of dumpster service and the service hours of supplies were limited to daylight hours. The approved uses were limited to the following: 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 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). The development was required to construct an earthen berm along the Cantrell Road frontage within the 40 -foot landscape strip constructed to a minimum height of 42 -inches measured from the average grade of the site. Within the 40 -foot landscape strip an earthen sculpture and stone water feature would be constructed along with the landscaping as typically required to comply with the Highway 10 DOD. On September 18, 2008, the Little Rock Planning Commission denied a request to allow the placement of an individual tenant sign on Lot 1 to serve the Burger King. The denial was appealed to the Board of Directors and scheduled to be heard on January 5, 2009, but was withdrawn by the applicant prior to the public hearing. A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT: The applicant is now proposing to amend the previously approved PCD to allow a modification to the site plan along the eastern portion of the site (Lots 3 and 4). The applicant is proposing to create an additional lot along the eastern perimeter to allow the construction of an automotive repair shop within this area in addition to the sit down restaurant and stand alone retail building. The revised site plan allows for a reduction of parking in an effort to create additional landscaped areas. The revised plan includes Lot 1 which has developed with a 2,800 square foot restaurant with a drive-through facility, Lot 2 which is proposed to be developed 3 FILE NO.: Z -7603-F with a 28,980 square foot office building. Lots 3 and 4 are proposed to be divided into three (3) lots. A 6,560 square foot restaurant building is to be located on Lot 3. Lot 4 is proposed to be developed with a 7,200 square foot automotive repair business and Lot 5 is proposed to be developed with a 5,000 square foot restaurant building. The development is indicated with cross access and cross parking. Located on Lot 1 there are 30 parking spaces and on Lot 2 there are 74 parking spaces. Lot 3 is indicated containing 106 parking spaces. Lot 4 is proposed containing 30 -parking spaces and Lot 5 is indicated containing 53 parking spaces. B. EXISTING CONDITION The entire site was cleared and leveled with the construction of the Burger King restaurant. No other buildings have been constructed. 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 COMMENT As of this writing, staff has received a number of informational phone calls from area residents. All property owners located within 200 -feet of the site, all residents, who could be identified, located within 300 feet of the site, the Tulley Cove Neighborhood Association, the Pinnacle Valley Neighborhood Association, Secluded Hills Property Owners Association, the Westchester Heatherbrae Property Owners Association and the Westbury Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 2. Sidewalks with appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan along with Cantrell Road and both sides of the public access easement. 3. The medians should be removed from the right turn lane and the intersection. Handicap ramps should cross the entrance driveway into the development at the property line. 4. Private access is proposed for these lots. In accordance with Section 31-207, private streets must be designed iu the same standards as public ld FILE NO.: Z -7603-F Cont. E. streets. A minimum access easement width of 60 feet is required and street width of 36 feet from back of curb to back of curb. 5. Stormwater detention ordinance applies to this property. 6. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 7. If disturbed area is one (1) or more acres, obtain a NPDES stormwater permit from the Arkansas Department of Environmental Quality prior to the start of construction. 8. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. 9. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). 10. The development is showing a driveway access to the property to the east. This driveway access has not been recommended by staff in the past and should not installed with this revised application. For additional information, contact Bill Henry with Traffic Engineering at 379-1816. 11. Vehicle parking is not allowed along the drive access to the property to the east. If the property to the east has similar parking along their access drive, the parking must be removed. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required with easements for Lots 3 and 4. Contact Little Rock Wastewater Utility for additional information. Entergy: No comment received. Center -Point Ener : Approved as submitted. 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. The Little Rock Fire Department needs to evaluate this site to determine if addition public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer's expense. Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. Contact Central Arkansas Water FILE NO.: Z -7603-F Cont. regarding the size and location of the water meter. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW's Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: 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. Parks and Recreation: No comment. F. ISSUES/TECHNICALIDESIGN: Planninq_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 and office use. This area is covered by the River Mountain Neighborhood Action Plan. The Sustainable Natural Environment Goal states: "Promote vigorous enforcement of Landscaping & Excavation Ordinance." 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 Road 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. Bicvcle Plan: There are no bike routes in the immediate vicinity. no FILE NO.: Z -7603-F Cont. v_ Landscape: 1. Site plan must comply with the City's landscape and buffer ordinance requirements. G. SUBDIVISION COMMITTEE COMMENT: (November 24, 2010) Mr. Eric Holloway of the Holloway Firm was present representing the request. Staff presented an overview of the development stating there were a number of outstanding technical issues associated with the request in need of addressing. Staff requested details of the proposed signage including building signage and ground signage. Staff also stated there were specific uses approved with the original approval and question if there were any additional uses, other than auto repair, being requested with the revision. Staff also noted specific hours of operation were approved for the restaurant users and questioned if the hours would change. Public Works comments were addressed. Staff stated the drive indicated to connect to the property to the east should be removed. Staff stated the drive had been discussed on a number of occasions and was not supported by staff. Staff stated a grading permit would be required at the time of development. Staff also stated a private access was proposed to the lots. Staff stated private access was to be designed to public street standard. Staff stated a minimum access easement of 60 feet and 36 feet of pavement was required to serve the development. Landscaping comments were addressed. Staff stated a minimum landscape strip of nine feet was required along the common lot lines. Staff also stated all interior islands were to comply with the minimum standards of the Landscape Ordinance. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing the issues raised at the November 24, 2010, Subdivision Committee meeting. The revised plan has removed the driveway connection to the development to the east, indicated the nine (9) foot minimum landscape strip along the common lot lines and indicated the signage plan. The applicant is requesting to amend the hours of operation for Lots 1, 2, 4 and 5 to be from 6:00 am to midnight seven days per week. The hours for Lot 3 will remain from 10:00 am to midnight seven days per week. 7 FILE NO.: Z -7603-F (Cont.) The applicant has not requested to amend the previously approved uses with the exception of the addition of automotive repair. The uses previously approved are limited to the following: 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 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) and Automotive repair. The applicant is proposing to amend the previously approved PCD to allow a modification to the site plan along the eastern portion of the site. The applicant is proposing to create an additional lot along the eastern perimeter and allow the construction of an automotive repair shop within this area. Along the eastern perimeter there will be a sit down restaurant located to the rear of the site and stand alone retail building located along Cantrell Road. Lot 1 has developed with a 2,800 square foot restaurant with a drive-through facility. Lot 2 is proposed to be developed with a 28,980 square foot office building. Lots 3 and 4 are proposed to be divided into Lots 3, 4 and 5. A 6,560 square foot restaurant building is proposed to be developed on Lot 3. The plan indicates Lot 4 to be developed with a 7,200 square foot automotive repair business and Lot 5 to be developed with a 5,000 square foot restaurant building. The development is indicated with cross access and cross parking. Located on Lot 1 there are 30 parking spaces and on Lot 2 there are 74 parking spaces. Lot 3 is indicated containing 87 parking spaces. Lot 4 is proposed containing 29 parking spaces and Lot 5 is indicated containing 49 parking spaces. Lot 1 is existing. Lot 2 is proposed for the development of an office building which would typically require the placement of 72 parking spaces. Lot 3 is proposed with a restaurant building which would typically require the placement of 65 parking spaces. Lot 4 is proposed as automotive repair which would typically require the placement of 24 parking spaces and Lot 5 is proposed with a restaurant which would typically require the placement of 50 parking spaces. No new ground signage is proposed along Cantrell Road. Each of the interior lots will be allowed a ground sign not to exceed six feet in height and sixty square feet in area. Building signage for Lots 2 — 4 will be allowed on the front facades of the buildings or on the fagade abutting the access easement. Although the overall square footage of the retail portion of the development has not changed significantly staff is not supportive of the request. The previously approved plan and uses allowed for a more neighborhood friendly retail development and did not include automotive type uses. Typically automotive repair is a use that is allow in strictly commercial areas and typically not developed within or in close proximity to office and residential developments. Staff has concerns with the potential future development of the site if the site takes on this type use. Staff feels to add automotive repair to the site will only �Q FILE NO.: Z -7603-F (Cont._ push the commercial node further away from the intended intersection of Cantrell and Taylor Loop Roads. Staff feels the retail development of this site should maintain the original intended uses of neighborhood type retail uses limited to uses which serve the immediate neighborhood. I. STAFF RECOMMENDATION: Staff recommends denial of the request as filed. PLANNING COMMISSION ACTION: (DECEMBER 16, 2010) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had requested a deferral of the item on this date to the January 27, 2011 public hearing. Staff stated the deferral request would require a waiver of the Commission's By-laws with regard to the late deferral request. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The chair entertained a motion for approval of the By-law waiver with regard to the late deferral request. The motion carried by a vote of 9 ayes 0 noes, 0 absent and 2 open positions. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 9 ayes 0 noes, 0 absent and 2 open positions TAFF UPDATE: The applicant submitted a request dated January 13, 2011, requesting deferral of this item to the March 10, 2011, public hearing. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (JANUARY 27, 2011) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated January 13, 2011, requesting deferral of this item to the March 10, 2011, public hearing. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The Chair entertained a motion of approval of the item as presented by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. STAFF UPDATE: In the proposal request section of the staff write-up, staff incorrectly stated the office building proposed to be located on Lot 2 contained 28,980 square feet. The propesed 9 FILE NO.: Z-7603-F(Cont.)_ building on Lot 2 was approved to contain 29,180 square feet. There is no change. Lot 5 is proposed to contain a 6,000 square foot restaurant and not a 5,000 square foot restaurant as indicated in the previous staff write-up. The Analysis section states the hours of operation will be amended for Lots 1 — 5 when in fact the hours are as were approved for the development. Staff continues to not support the request. The applicant is requesting approval of an automotive repair business (tire and brake store) within the development which was approved with a mix of uses intended to serve the near by neighborhoods. A few of the listed approved uses were a bank, book store, camera shop, medical clinic, florist shop, health studio or spa, which are typically not destination businesses but are developed in close proximity to the neighborhoods they serve. Staff continues to have concerns with the potential future uses of the site should the tire and brake store be approved located within the heart of the development. Staff continues to feel this type business is a destination business and not in keeping with the original approval for neighborhood type retail uses which serve the near by residents. PLANNING COMMISSION ACTION: (MARCH 10, 2011) The applicant was present. There were registered objectors present. Staff presented the item with a recommendation of denial. Mr. Phil Wyle addressed the Commission as the applicant. He stated the request was to amend the PCD to allow the creation of an additional lot along the eastern perimeter of the development. He stated his company was a tire and brake store and desired to locate on the newly created lot within the development. He stated with the revision to the PCD there was less retail space being requested. He stated unlike staff he did feel his business was a neighborhood retail use. Ms. Celia Martin addressed the Commission in opposition of the request. She stated the neighborhood was opposed to the change. She started the development appeared to be coming back to the Commission to get more and more commercial. She stated the current approval allowed for a destination restaurant on the lot behind the proposed tire and brake center. She questioned what national or local restaurant would want to locate behind a tire center. She also questioned if the office users would want to look and the tire center out their windows. She stated the concern was the amount of traffic the development would potentially generate. She stated the residents were more interested in keeping the previously approved uses, which were more neighborhood retail type uses. She stated this development would potentially dictate the development pattern of the property located to the south of Cantrell Road, which would directly impact the Westchester neighborhood. Ms. Ruth Bell representing the League of Women Voters addressed the Commission in opposition of the request. She stated the Highway 10 DOD established nodes for retail development. She stated the nodes for commercial development were limited to 10 FILE NO.: Z -7603-F (Cont intersections. She stated there were a number of uses in the development that did not appear to go with auto repair. Mr. Wyle addressed the Commission once again. He provided the Commission with a visual presentation of other service centers similar to his use and the relationship of these uses to residential areas. He provided the Commission with a visual as to the location of existing businesses, which provided a similar service in relation to the proposed location. The Commission questioned the days and hours of operation for the development. Mr. Wyle stated the business was open from 7:30 am to 5:30 pm Monday thorough Friday and Saturday from 7:30 until noon. The Commission questioned if any activities would take place outside the building. Mr. Wyle stated no. All repairs were made on the inside of the building. The Commission questioned if cars were left outside over night. Mr. Wyle stated all cars were stored inside the building over night. There was a brief discussion concerning construction materials and signage. Mr. Wyle stated the building would be four-sided brick. He stated signage would comply with the approved PCD and the Highway 10 DOD. The Chair entertained a motion for approval of the item including the staff comments located in the paragraphs D, E and F of the agenda staff report. The motion carried by a vote of 10 ayes, 1 no and 0 absent. 11