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HomeMy WebLinkAboutZ-7896 Staff AnalysisFILE NO.: Z-7896 NAME: Nair Short -form PCD LOCATION: Located on the Northeast corner of Cantrell Road and North Ridge Road DEVELOPER: Dr. Balan Nair c/o the Hathaway Group 1001 North University Avenue, Suite 100 Little Rock, AR 72205 FNGINFFR: White Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 2.5 acres CURRENT ZONING ALLOWED USES: PROPOSED ZONING: PROPOSED USE NUMBER OF LOTS: 2 R-2, Single-family Single-family residential Irerk FT. NEW STREET: 0 LF Restaurant and 0-3, General Office District VARIANCESM/AIVERS REQUESTED: None requested. A. PROPOSAUREQUEST: The applicant is proposing the development of 2.5 acres at the northeast corner of Arkansas Highway 10 (Cantrell Road) and North Ridge Road. The property will be developed as two lots both taking access from North Ridge Road. The front lot will contain a 6,000 square foot restaurant with 72 parking spaces to meet the City requirements. The rear lot will contain a 10,200 square foot office with 43 parking spaces for a parking ratio of 4.3 spaces per 1,000 square feet. FILE NO.: Z-7896 (Co The applicant stated the property is currently not within the City Limits of the City of Little Rock but is part of an island that exists on the north side Highway 10. The applicant has indicated if the application is approved the property will be annexed into the City in order to receive sewer service along with Police and Fire protection. The applicant has indicated North Ridge Road will be improved as part of the development to one-half of a 36 -foot wide commercial street with a sidewalk along the east side. Right of way along Highway 10 exceeds the 55 -foot required by the Master Street Plan adjacent to the site. B. EXISTING CONDITIONS: The site contains a single-family home along with an out -storage building located near the rear of the site. There is a drainage channel located along the northern and eastern boundaries of the site. There are a number of uses located in the area including residential, commercial and a church. The area is shown on the City's Future Land Use Plan as a Business Node, which was established to recognize existing businesses at the time of extending the City's Extraterritorial Planning Jurisdiction into the area. There are a number of sites zoned PCD in the area, which were zoned to recognize existing uses. The PCD immediately west of the site was to recognize a window drapery shop; the PCD further west was to recognize an automobile repair shop, liquor store and contractors storage yard. The PCD zoned property immediately east of the site contains a business forms printing company. C. NEIGHBORHOOD COMMENTS: As of this writing staff has received a letter of opposition from the Maywood Manor Neighborhood Association and several informational phone calls from area residents. The Maywood Manor Neighborhood Association, the Bayonne Place Property Owners Association, the Aberdeen Court Property Owners Association, the Margeaux Place Property Owners Association, the Johnson Ranch Neighborhood Association, along with all property owners located within 200 -feet of the site and all residents who could be identified located within 300 feet of the site were notified of the public hearing. D. ENGINEERING COMMENTS: Public Works Conditions: 1. The proposed land use would classify North Ridge Road on the Master Street Plan as a commercial street. Dedicate right-of-way to 30 feet from centerline as indicated on the plans. 2 FILE NO.: Z-7896 (Cont. 2_ With site development, provide design of streets conforming to the Master Street Plan. Construct one-half street improvement to these streets including 5 -foot sidewalks with planned development. For Cantrell Road, a right turn lane with 5 -foot sidewalks is required. For North Ridge Road, improve as indicated on the plans. 3. 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. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. 4. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. In addition, improvements may be required to the existing drainage -way located along the eastern property boundary. 5. Provide the direction of flow and all storm water flows (Q) entering and leaving the property. 6. Driveway locations do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. Locate the first driveway a minimum 200 feet back from the Cantrell right-of-way to meet standards for a minor commercial street. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required, with easement, if service is required for the project. Contact Little Rock Wastewater Utility at 688-1414 for additional details. Entergy: No comment received. Center -Point Energy: Approved as submitted. SBC: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. A water main extension will be required in order to provide service to this property. A Capital Investment Charge based on the size of 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. Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). 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. 3 ILE NO.: Z-7896 Countv Planning: No comment. CATA: The site is not located on a dedicated CATA bus route. F. ISSUESITECHNICAUDESIGN: Planning Division: This request is located in the Pinnacle Planning District. The Land Use Plan shows Existing Business Node for this property. The applicant has applied for a rezoning from R-2 (Single Family District) to PCD (Planned Commercial Development) to allow for the construction of a restaurant and 10,200 square foot office building. The request does not require a change to the Land Use Plan. Master Street Plan: Cantrell Road is shown as a Principal Arterial on the plan and is built as a five -lane road adjacent to the property. 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. Additional commercial and office uses at this location could result in added congestion at this section of Cantrell Road. Cantrell Road may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class II bikeway is shown on Cantrell Road adjacent to this property. A Class II bikeway is a route designated for the sole use of bicycles but is physically connected to the roadway. Additional paving and right of way may be required. City Recognized Neighborhood Action Plan: The property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. Landscape_: The eastern perimeter landscape buffer width is 2,594 square feet less than the 25 feet average required by the Highway 10 Overlay District regulation. A six foot high opaque screen, either a wooden fence with its face side directed outward, a wall or dense evergreen plantings, is required along the sites northern perimeter and that portion of the eastern perimeter that abuts residential property. An irrigation system to water landscaped areas will be required. 4 FILE NO.: Z-7896 (Cont. G. SUBDIVISION COMMITTEE COMMENT: (July 28, 2005) The applicant was present representing the request. Staff presented an overview of the proposed development. Staff stated there were additional items necessary to complete the review process. Staff stated the site plan indicated a drive-thru facility but did not include the placement of an order menu board or speaker box. Staff also stated the proposed dumpsters were located adjacent to the single-family homes to the north. Staff requested the applicant relocate the dumpsters away from the homes and provide a note concerning the proposed screening and the proposed hours of service. Public Works comments were addressed. Staff stated the development would be required to construct the street to Master Street Plan standards. Staff also stated a grading permit would be required with the proposed development prior to construction. Staff stated storm water detention would apply to the site. Landscaping comments were addressed. Staff stated the eastern perimeter landscape buffer width was less than the 25 -foot average required by the Highway 10 Design Overlay District. Staff stated screening would be required along the northern and eastern perimeters of the site where the property abutted residential property. . Staff noted comments from the various other reporting departments and agencies suggesting the applicant contact them individually for further clarification. There was no further discussion of the item and the committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised plan to staff addressing most of the issues raised at the July 28, 2005, Subdivision Committee meeting. The applicant has indicated a proposed speaker box for the restaurant facility and relocated the dumpsters away from the residential uses to the north. The applicant has also indicated street improvements to North Ridge Road per the Master Street Plan. The site plan includes the placement of two buildings on the site; one for a restaurant facility the second for an office use. Staff is reviewing the development as an overall development plan for the site, which would impose the Highway 10 Design Overlay District requirements on both of the indicated lots. The office building has been located on proposed Lot 1, 25 -feet from the rear property line. The Highway 10 Design Overlay District typically requires the placement of a building 40 -feet from the rear property line. The applicant has not indicated any activity along the rear of the site, which would impose on the existing residential uses in the area. The area to the north of the site is currently zoned single-family but is indicated on the Future Land Use Plan as Office. Staff �1 FILE NO.: Z-7896 feels if the office building is developed with limited openings and proper screening is put in place, the existing homes will be protected until such a time as redevelopment occurs. The site plan also indicates a side yard setback of 25 -feet for the proposed restaurant building located on Lot 2. The Highway 10 Design Overlay District typically requires a 30 -foot side yard setback. The property to the east is currently zoned PCD and is being used as a residential and non-residential use. Staff does not feel the reduced side yard setback will negatively impact the adjoining property. The areas designated for landscape along the eastern perimeter also do not meet the 25 -foot average requirement. The applicant has indicated a minimum of nine feet with larger areas designated as landscaping adjacent to the front of the site. The applicant has indicated two parking spaces near the front of the site and east of the drive-through window heading east which in staff's opinion will not be serviceable. Staff recommends the removal of these parking spaces, which will allow the applicant the ability to obtain the necessary landscaping to meet the typical minimum landscape strip required. The front yard setback and landscape strip meet with the Highway 10 Design Overlay District requirement of a 40 -foot landscape strip and 100 -foot building setback. The applicant has indicated an order menu board and speaker box located along the eastern side of the proposed restaurant facility. Staff has concerns with the placement of the speaker box on the site. The applicant has indicated the hours of operation from 10:00 am to 11:00 pm for the restaurant facility. The speaker box is located very near the existing single-family home to the east. Staff does not feel the site is suitable for a speaker box and menu board. Staff is supportive of the drive-through window to allow customers to call ahead and pick up their orders similar to other establishments in the City. The applicant has indicated the development of a 6,000 square foot restaurant and a 10,200 square foot office building. The applicant has indicated 72 parking spaces to serve the restaurant facility and 43 parking spaces to serve the office facility. The typical minimum parking required would be 60 parking spaces to serve the restaurant facility and 26 parking spaces to serve the office building. The indicated parking is more than adequate to meet the typical minimum parking demand for each of the uses. The total lot area for Lot 1 (the office lot) is 1.0 acre. The applicant has indicated the total building coverage of this lot will be 23.3 percent and the total landscaped area will be 15.4 percent. The applicant has indicted Lot 2 (the commercial lot) will contain 1.45 acres with 9.5 percent building coverage and 18.3 percent of landscaped area. N FILE NO.: Z-7896 Cont. The applicant stated the property is currently not within the City Limits of the City of Little Rock but is part of an island that exists on the north side Highway 10. The applicant has indicated if the application is approved the property will be annexed into the City in order to receive sewer service along with Police and Fire protection. Staff would recommend the applicant seek and be approved the annexation request prior to a grading permit or building permit being issued. The applicant has indicated North Ridge Road will be improved as part of the development to one-half of a 36 -foot wide commercial street with a sidewalk along the east side. Right of way along Highway 10 exceeds the 55 -foot required by the Master Street Plan adjacent to the site. Staff is supportive of the applicant's request. The site is located in a Business Node per the City's Future Land Use Plan. The area was originally designated to recognize existing businesses and requires a planned zoning district zoning classification. The proposal is not inconsistent with uses located in the area. Staff feels with the placement of the restaurant facility on the front of the site and the placement of the office building along the rear the applicant is providing a transition to allow continuity with future development to the north. In the short term the applicant is providing a buffer to the existing homes in the area to allow a stepping down of uses with the construction of the office building. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the conditions outlined in paragraphs D, E, F and H of the above agenda staff report. Staff would recommend the applicant seek and be approved the annexation request prior to a grading permit or building permit being issued. Staff recommends no speaker box or menu board be allowed on the site. Staff recommends the drive-up/pick-up window be only for customers who have placed orders by phone. Signage for each of the indicated lots shall comply with typical signage allowed under the Highway 10 Design Overlay District. PLANNING COMMISSION ACTION: (AUGUST 18, 2005) The applicant was present representing the request. There were registered objectors present. Staff presented the item with a recommendation of approval. Mr. Joe White addressed the Commission on the merits of the request. He stated the developers were requesting to develop the site with an office and restaurant use. He stated his clients would agree to removal of the indicated parking spaces along the 7 FILE NO.: Z-7896 Cont. eastern perimeter of the site as requested by staff. He stated the developers were locating in an existing node and the proposed use was not an expansion of the commercial areas along Highway 10. He stated there were commercial uses located to the east and west of the site and the developers were only filling in the gap. Ms. Alicia Finch addressed the Commission in opposition of the proposed request. She stated the Maywood neighborhood was opposed to rezoning along Highway 10 to allow for additional commercial development. She stated currently there was 186 acres of property zoned for office and commercial activity from Highway 300 to Rodney Parham Road. She stated there were a number of commercial developments being constructed in the same area and the Bella Rosa Commercial Center was currently vacant. She stated forty percent of the commercial in the area was currently available for development. Ms. Finch stated traffic was currently congested and with the additional commercial and residential uses in the area this situation would only worsen. She stated the police and fire departments were currently stretched to the limit and by allowing additional development in the area would only tax these departments more. She stated the developers did not post the sign as required by the Commission's by- laws. She stated the proposal should be deferred to allow the proper notification of area residents. Ms. Finch stated the development did not comply with the minimum ordinance requirements with regard to landscaping, driveway placement and sewer service. Ms. Finch stated she did not feel the development appropriate since the developers could not meet the minimum requirements of the current ordinances. She stated with the current development pattern Highway 10 was being stripped out similar to Rodney Parham Road. She stated Highway 10 did not need a commercial development on every street corner. Ms. Janus Argo addressed the Commission on behalf of the Aberdeen Court Neighborhood Association. She stated the residents of Aberdeen were concerned with the increased commercial activity in the area. She stated there were 198 homes in the subdivision she was representing. Ms. Argo questioned what would justify the granting of the rezoning request when such a large area of land was currently zoned for commercial use and remained vacant. She stated currently there were 18 banks, 3 schools and a day care center located in the area. She stated the area around Wal- Mart was zoned for commercial activity but was vacant. She stated with the increase in commercialization the area would continue to experience increased noise levels, traffic congestion, resulting in a depletion of the ozone and a reduced quality of life for the residents. Mr. White stated he understood the neighborhoods concerns. He stated the developers felt they were not expanding the commercial node. He stated the site was located 1/4 miles east of the Maywood Subdivision entrance and close to the same distance from the Aberdeen Neighborhood entrance. E:3 FILE NO.: Z-7896 There was a general discussion concerning the proposed development and the applicant not meeting the Highway 10 Design Overlay standards. Mr. White stated the neighbor was also the seller. He stated once the adjoining property redeveloped this would allow for landscaping which would give the appearance of a greater landscape strip. The Commission questioned if the developer removed the parking spaces would the site then comply with the Overlay District. Staff stated it would not meet the 25 -foot minimum requirement but they were supportive of the buffering as proposed with the removal of the indicated parking. A motion was made to approve the request as amended. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. 9 August 18, 2005 ITEM NO.: 14 FILE NO.: Z-7896 NAME: Nair Short -form PCD LOCATION: Located on the Northeast corner of Cantrell Road and North Ridge Road DEVELOPER: Dr. Balan Nair c/o the Hathaway Group 1001 North University Avenue, Suite 100 Little Rock, AR 72205 ENGINEER: White Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 2.5 acres CURRENT ZONING: ALLOWED USES: PROPOSED ZONING: PROPOSED USE: NUMBER OF LOTS: 2 R-2, Single-family Single-family residential R FT. NEW STREET: 0 LF Restaurant and 0-3, General Office District VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: The applicant is proposing the development of 2.5 acres at the northeast corner of Arkansas Highway 10 (Cantrell Road) and North Ridge Road. The property will be developed as two lots both taking access from North Ridge Road. The front lot will contain a 6,000 square foot restaurant with 72 parking spaces to meet the City requirements. The rear lot will contain a 10,200 square foot office with 43 parking spaces for a parking ratio of 4.3 spaces per 1,000 square feet. The applicant stated the property is currently not within the City Limits of the City of Little Rock but is part of an island that exists on the north side Highway 10. August 18, 2005 SUBDIVISION ITEM NO.: 14 Cont. FILE NO.: Z-7896 The applicant has indicated if the application is approved the property will be annexed into the City in order to receive sewer service along with Police and Fire protection. The applicant has indicated North Ridge Road will be improved as part of the development to one-half of a 36 -foot wide commercial street with a sidewalk along the east side. Right of way along Highway 10 exceeds the 55 -foot required by the Master Street Plan adjacent to the site. B. EXISTING CONDITIONS: The site contains a single-family home along with an out -storage building located near the rear of the site. There is a drainage channel located along the northern and eastern boundaries of the site. There are a number of uses located in the area including residential, commercial and a church. The area is shown on the City's Future Land Use Plan as a Business Node, which was established to recognize existing businesses at the time of extending the City's Extraterritorial Planning Jurisdiction into the area. There are a number of sites zoned PCD in the area, which were zoned to recognize existing uses. The PCD immediately west of the site was to recognize a window drapery shop; the PCD further west was to recognize an automobile repair shop, liquor store and contractors storage yard. The PCD zoned property immediately east of the site contains a business forms printing company. C. NEIGHBORHOOD COMMENTS: As of this writing staff has received a letter of opposition from the Maywood Manor Neighborhood Association and several informational phone calls from area residents. The Maywood Manor Neighborhood Association, the Bayonne Place Property Owners Association, the Aberdeen Court Property Owners Association, the Margeaux Place Property Owners Association, the Johnson Ranch Neighborhood Association, along with all property owners located within 200 -feet of the site and all residents who could be identified located within 300 feet of the site were notified of the public hearing. D. ENGINEERING COMMENTS: Public Works Conditions: 1. The proposed land use would classify North Ridge Road on the Master Street Plan as a commercial street. Dedicate right-of-way to 30 feet from centerline as indicated on the plans. 2. With site development, provide design of streets conforming to the Master Street Plan. Construct one-half street improvement to these streets 2 August 18, 2005 SUBDIVISION ITEM NO.: 14 Cont. FILE NO.: Z-7896 including 5 -foot sidewalks with planned development. For Cantrell Road, a right turn lane with 5 -foot sidewalks is required. For North Ridge Road, improve as indicated on the plans. 3. 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. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. 4. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. In addition, improvements may be required to the existing drainage -way located along the eastern property boundary. 5. Provide the direction of flow and all storm water flows (Q) entering and leaving the property. 6. Driveway locations do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. Locate the first driveway a minimum 200 feet back from the Cantrell right-of-way to meet standards for a minor commercial street. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required, with easement, if service is required for the project. Contact Little Rock Wastewater Utility at 688-1414 for additional details. Entergy: No comment received. Center -Point Energy: Approved as submitted. SBC: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. A water main extension will be required in order to provide service to this property. A Capital Investment Charge based on the size of 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. Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). 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. 3 August 18, 2005 SUBDIVISION ITEM NO.: 14(Cont.)FILE NO.: Z-7895 County Planning: No comment. CATA: The site is not located on a dedicated CATA bus route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Pinnacle Planning District. The Land Use Plan shows Existing Business Node for this property. The applicant has applied for a rezoning from R-2 (Single Family District) to PCD (Planned Commercial Development) to allow for the construction of a restaurant and 10,200 square foot office building. The request does not require a change to the Land Use Plan. Master Street Plan: Cantrell Road is shown as a Principal Arterial on the plan and is built as a five -lane road adjacent to the property. 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. Additional commercial and office uses at this location could result in added congestion at this section of Cantrell Road. Cantrell Road may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class II bikeway is shown on Cantrell Road adjacent to this property. A Class II bikeway is a route designated for the sole use of bicycles but is physically connected to the roadway. Additional paving and right of way may be required. City Recognized Neighborhood Action Plan: The property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. Landscape: The eastern perimeter landscape buffer width is 2,594 square feet less than the 25 feet average required by the Highway 10 Overlay District regulation. A six foot high opaque screen, either a wooden fence with its face side directed outward, a wall or dense evergreen plantings, is required along the sites northern perimeter and that portion of the eastern perimeter that abuts residential property. An irrigation system to water landscaped areas will be required. 4 August 18, 2005 SUBDIVISION ITEM NO.: 14 Cont. FILE NO.: Z-7896 G. SUBDIVISION COMMITTEE COMMENT: (July 28, 2005) The applicant was present representing the request. Staff presented an overview of the proposed development. Staff stated there were additional items necessary to complete the review process. Staff stated the site plan indicated a drive-thru facility but did not include the placement of an order menu board or speaker box. Staff also stated the proposed dumpsters were located adjacent to the single-family homes to the north. Staff requested the applicant relocate the dumpsters away from the homes and provide a note concerning the proposed screening and the proposed hours of service. Public Works comments were addressed. Staff stated the development would be required to construct the street to Master Street Plan standards. Staff also stated a grading permit would be required with the proposed development prior to construction. Staff stated storm water detention would apply to the site. Landscaping comments were addressed. Staff stated the eastern perimeter landscape buffer width was less than the 25 -foot average required by the Highway 10 Design Overlay District. Staff stated screening would be required along the northern and eastern perimeters of the site where the property abutted residential property. Staff noted comments from the various other reporting departments and agencies suggesting the applicant contact them individually for further clarification. There was no further discussion of the item and the committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised plan to staff addressing most of the issues raised at the July 28, 2005, Subdivision Committee meeting. The applicant has indicated a proposed speaker box for the restaurant facility and relocated the dumpsters away from the residential uses to the north. The applicant has also indicated street improvements to North Ridge Road per the Master Street Plan. The site plan includes the placement of two buildings on the site; one for a restaurant facility the second for an office use. Staff is reviewing the development as an overall development plan for the site, which would impose the Highway 10 Design Overlay District requirements on both of the indicated lots. The office building has been located on proposed Lot 1, 25 -feet from the rear property line. The Highway 10 Design Overlay District typically requires the placement of a building 40 -feet from the rear property line. The applicant has not indicated any activity along the rear of the site, which would impose on the existing residential uses in the area. The area to the north of the site is currently 5 August 18, 2005 SUBDIVISION ITEM NO.: 14 Cont. FILE NO.: Z-7896 zoned single-family but is indicated on the Future Land Use Plan as Office. Staff feels if the office building is developed with limited openings and proper screening is put in place, the existing homes will be protected until such a time as redevelopment occurs. The site plan also indicates a side yard setback of 25 -feet for the proposed restaurant building located on Lot 2. The Highway 10 Design Overlay District typically requires a 30 -foot side yard setback. The property to the east is currently zoned PCD and is being used as a residential and non-residential use. Staff does not feel the reduced side yard setback will negatively impact the adjoining property. The areas designated for landscape along the eastern perimeter also do not meet the 25 -foot average requirement. The applicant has indicated a minimum of nine feet with larger areas designated as landscaping adjacent to the front of the site. The applicant has indicated two parking spaces near the front of the site and east of the drive-through window heading east which in staff's opinion will not be serviceable. Staff recommends the removal of these parking spaces, which will allow the applicant the ability to obtain the necessary landscaping to meet the typical minimum landscape strip required. The front yard setback and landscape strip meet with the Highway 10 Design Overlay District requirement of a 40 -foot landscape strip and 100 -foot building setback. The applicant has indicated an order menu board and speaker box located along the eastern side of the proposed restaurant facility. Staff has concerns with the placement of the speaker box on the site. The applicant has indicated the hours of operation from 10:00 am to 11:00 pm for the restaurant facility. The speaker box is located very near the existing single-family home to the east. Staff does not feel the site is suitable for a speaker box and menu board. Staff is supportive of the drive-through window to allow customers to call ahead and pick up their orders similar to other establishments in the City. The applicant has indicated the development of a 6,000 square foot restaurant and a 10,200 square foot office building. The applicant has indicated 72 parking spaces to serve the restaurant facility and 43 parking spaces to serve the office facility. The typical minimum parking required would be 60 parking spaces to serve the restaurant facility and 26 parking spaces to serve the office building. The indicated parking is more than adequate to meet the typical minimum parking demand for each of the uses. The total lot area for Lot 1 (the office lot) is 1.0 acre. The applicant has indicated the total building coverage of this lot will be 23.3 percent and the total landscaped area will be 15.4 percent. The applicant has indicted Lot 2 (the commercial lot) will contain 1.45 acres with 9.5 percent building coverage and 18.3 percent of landscaped area. August 18, 2005 SUBDIVISION ITEM NO.: 14 (Cont.) FILE NO.: Z-7896 The applicant stated the property is currently not within the City Limits of the City of Little Rock but is part of an island that exists on the north side Highway 10. The applicant has indicated if the application is approved the property will be annexed into the City in order to receive sewer service along with Police and Fire protection. Staff would recommend the applicant seek and be approved the annexation request prior to a grading permit or building permit being issued. The applicant has indicated North Ridge Road will be improved as part of the development to one-half of a 36 -foot wide commercial street with a sidewalk along the east side. Right of way along Highway 10 exceeds the 55 -foot required by the Master Street Plan adjacent to the site. Staff is supportive of the applicant's request. The site is located in a Business Node per the City's Future Land Use Plan. The area was originally designated to recognize existing businesses and requires a planned zoning district zoning classification. The proposal is not inconsistent with uses located in the area. Staff feels with the placement of the restaurant facility on the front of the site and the placement of the office building along the rear the applicant' is providing a transition to allow continuity with future development to the north. In the short term the applicant is providing a buffer to the existing homes in the area to allow a stepping down of uses with the construction of the office building. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the conditions outlined in paragraphs D, E, F and H of the above agenda staff report. Staff would recommend the applicant seek and be approved the annexation request prior to a grading permit or building permit being issued. Staff recommends no speaker box or menu board be allowed on the site. Staff recommends the drive-up/pick-up window be only for customers who have placed orders by phone. Signage for each of the indicated lots shall comply with typical signage allowed under the Highway 10 Design Overlay District. PLANNING COMMISSION ACTION: (AUGUST 18, 2005) The applicant was present representing the request. There were registered objectors present. Staff presented the item with a recommendation of approval. 7 August 18, 2005 SUBDIVISION ITEM NO.: 14 Cont. FILE NO.: Z-7896 Mr. Joe White addressed the Commission on the merits of the request. He stated the developers were requesting to develop the site with an office and restaurant use. He stated his clients would agree to removal of the indicated parking spaces along the eastern perimeter of the site as requested by staff. He stated the developers were locating in an existing node and the proposed use was not an expansion of the commercial areas along Highway 10. He stated there were commercial uses located to the east and west of the site and the developers were only filling in the gap. Ms. Alicia Finch addressed the Commission in opposition of the proposed request. She stated the Maywood neighborhood was opposed to rezoning along Highway 10 to allow for additional commercial development. She stated currently there was 186 acres of property zoned for office and commercial activity from Highway 300 to Rodney Parham Road. She stated there were a number of commercial developments being constructed in the same area and the Bella Rosa Commercial Center was currently vacant. She stated forty percent of the commercial in the area was currently available for development. Ms. Finch stated traffic was currently congested and with the additional commercial and residential uses in the area this situation would only worsen. She stated the police and fire departments were currently stretched to the limit and by allowing additional development in the area would only tax these departments more. She stated the developers did not post the sign as required by the Commission's by- laws. She stated the proposal should be deferred to allow the proper notification of area residents. Ms. Finch stated the development did not comply with the minimum ordinance requirements with regard to landscaping, driveway placement and sewer service. Ms. Finch stated she did not feel the development appropriate since the developers could not meet the minimum requirements of the current ordinances. She stated with the current development pattern Highway 10 was being stripped out similar to Rodney Parham Road. She stated Highway 10 did not need a commercial development on every street corner. Ms. Janus Argo addressed the Commission on behalf of the Aberdeen Court Neighborhood Association. She stated the residents of Aberdeen were concerned with the increased commercial activity in the area. She stated there were 198 homes in the subdivision she was representing. Ms. Argo questioned what would justify the granting of the rezoning request when such a large area of land was currently zoned for commercial use and remained vacant. She stated currently there were 18 banks, 3 schools and a day care center located in the area. She stated the area around Wal- Mart was zoned for commercial activity but was vacant. She stated with the increase in commercialization the area would continue to experience increased noise levels, traffic congestion, resulting in a depletion of the ozone and a reduced quality of life for the residents. r;1 August 18, 2005 SUBDIVISION ITEM NO.: 14 FILE NO.: Z-7896 Mr. White stated he understood the neighborhoods concerns. He stated the developers felt they were not expanding the commercial node. He stated the site was located 1/4 miles east of the Maywood Subdivision entrance and close to the same distance from the Aberdeen Neighborhood entrance. There was a general discussion concerning the proposed development and the applicant not meeting the Highway 10 Design Overlay standards. Mr. White stated the neighbor was also the seller. He stated once the adjoining property redeveloped this would allow for landscaping which would give the appearance of a greater landscape strip. The Commission questioned if the developer removed the parking spaces would the site then comply with the Overlay District. Staff stated it would not meet the 25 -foot minimum requirement but they were supportive of the buffering as proposed with the removal of the indicated parking. A motion was made to approve the request as amended. The motion carried by a vote of 9 ayes, 0 noes and 2 absent.