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HomeMy WebLinkAboutZ-7917-C Staff AnalysisAugust 12, 2010 ITEM NO.: 7 NAME: Arkansas Dental Health Revised Short -form PCD LOCATION: Located at 12018 Chenal Parkway DEVELOPER: Matt Chandler Sperry Van Ness 5509 Springvale Road, Suite B North Little Rock, AR 72116 ENGINEER: White-Daters and Associates #24 Rahling Road Little Rock, AR 72223 AREA: 1.19 acres CURRENT ZONING ALLOWED USES PROPOSED ZONING PROPOSED US NUMBER OF LOTS: 1 PCD FILE NO.: Z -7917-C FT. NEW STREET: 0 LF C-3, General Commercial District Uses Revised PCD C-3, General Commercial District Uses — Wall sign east facade 55.35 square feet VARIANCESIWAIVERS REQUESTED: None requested. BACKGROUND: The site was constructed as a single user building which housed a Gateway computer store. Once the original tenant moved from the site the property was divided into two (2) individual retail spaces, to be leased independently. An application request was filed to allow signage on the western wall of the building; the wall was located without public street frontage. According to the applicant the sign allowances per the Ordinance provided limited visibility for tenants leasing the west side of the property. Based on the property being located within the Chenal Parkway/Financial Center Design Overlay District the only option for allowance of signage without public street frontage required the applicant to file a Planned Development application and rezone the site from C-3, August 12, 2010 SUBDIVISION ITEM NO.: 7 (Cont. FILE NO.: Z -7917-C General Commercial District. The allowable uses for the site remained as C-3, General Commercial District uses. The original application for Verizon indicated a total sign area which would not exceed 240 square feet and the "V" being the largest letter with a maximum height of 57 inches. During the Planning Commission public hearing the applicant reduced the total sign area being requested to 100 square feet. The application request was amended during the Board of Directors meeting as well. The Board of Directors approved the applicant's amended request to allow signage along the western facade with a maximum area of fifty (50) square feet by the adoption of Ordinance No. 19,429 on November 1, 2005. On December 7, 2005. the Little Rock Planning Commission denied a request to allow expanded signage on the western facade of this building. The request was to allow the placement of a sign without public street frontage with a total sign area of 150 square feet. The developers indicated a new facade would be placed on the front and west walls changing the color of the building and adding architectural elements such as brick accents and false windows. The denial was appealed to the Board of Directors. The applicant amended the request at the Board of Directors meeting to limit the signage to seventy-five (75) square feet. Ordinance No. 19,724 adopted by the Little Rock Board of Directors on March 20, 2007, approved signage on the western facade not to exceed seventy-five (75) square feet in sign area. The building facade improvements were not completed and the seventy-five (75) square foot sign was not installed. On December 3, 2009, the Little Rock Planning Commission approved a request to revise the PCD to allow the signage along the western facade to be increased to 117 square feet. On February 17, 2010, the Board of Directors denied the request. A. PROPOSAUREQUEST/APPLICANT'S STATEMENT: The tenant on the east side of the building is now requesting wall signage along the east fagade; also located without public street frontage. The request is to allow signage similar to signage approved for the tenant on the west along the western fagade of the building. The sign is proposed 12.3 -feet in length and 4.5 -feet in height for a total of 55.35 square feet of sign area. There are no other changes to the PCD proposed. The Bill of Assurance for the Subdivision indicates the covenants are to run with the land and shall be binding on all parties for a period of twenty-five (25) years from the date of recording after which time said covenants shall have an automatic extension for successive periods of ten (10 years unless an instrument signed by a majority of the owners of lots in the Parkway West Addition has been 2 August 12, 2010 SUBDIVISION ITEM NO.: 7 (Cont - FILE NO.: Z -7917-C recorded, agreeing to change of said covenants in whole or part. The Bill of Assurance for this lot does not address specifics related to signage. B. EXISTING CONDITIONS: The site contains a two (2) bay commercial building with one side occupied by Verizon and the other with Arkansas Dental Health and TMJ Therapy Center. Wal -mart is located to the south with a bank located to the east. There are several restaurants in the area to the northeast, west and northwest. This site has a right in right out drive onto Chenal Parkway. Persons traveling from the west do not have direct access to the site but must turn on Westhaven Drive and access the site through the adjacent restaurant site parking lot. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from the area property owners. All property owners located within 200 feet site, all residents, who could be identified, located within 300 feet of the site and the Gibraltar Heights Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: No comment. E UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Enter : No comment received. Center -Point Ener : No comment received. AT & T: No comment received. Central Arkansas Water: Approved as submitted. Fire Department: Approved as submitted. County Planning: No comment. CATA: The site is located on CATA Bus Route #5 — the West Markham Route - 3 August 12, 2010 SUBDIVISION ITEM NO.: 7 Cont. FILE NO.: Z -7917-C Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Ellis Mountain Planning District. The Land Use Plan shows Commercial for this property. The applicant has applied for a revised Planned Commercial Development to allow signage on the east facade of the existing building located without public street frontage. This is not a usage type issue, however each Planned Zoning District is to be reviewed on its own merits with consideration of the Land Use Plan for the site and surrounding areas. This area is covered by the Rock Creek Neighborhood Plan, but the plan does not address signage issues. Master Street Plan: Chenal Parkway 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 Chenal Parkway since it is a Principal Arterial. Bicycle Plan: There are no bike routes shown in the immediate vicinity. Landscape: Any dead, diseased or missing landscaping must be replaced and/or installed regardless of the approval of this application request. G. SUBDIVISION COMMITTEE COMMENT: (July 22, 2010) Mr. Matt Chandler was present representing the request. Staff stated there were few outstanding technical issues associated with the request. Staff stated the request was to allow a sign on the east facade of the building similar to the sign on the west facade; both located without street frontage. Staff noted there were no comments from the various reporting departments and agencies. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: There were no outstanding technical issues in need of addressing raised at the July 22, 2010, Subdivision Committee meeting. The request is to allow wall signage on the east fagade of the building which is located without public street frontage. The proposed sign is 4.5 feet high and 12.3 feet wide for a total facade area of 55.25 square feet. 0 August 12, 2010 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z -7917-C Staff is not supportive of the applicant's request. The zoning ordinance does not allow wall signage without public street frontage. The site is located within the Financial Center/Chenal Parkway Design Overlay District which regulates only two (2) issues; one related to overhead utility lines and the other signage. Chenal Parkway is also a Scenic Corridor and staff feels the area should be protected. Staff feels the DOD should be protected as intended to limit the number of signs allowed along the parkway. STAFF RECOMMENDATION.- Staff ECOMMENDATION: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (AUGUST 12, 2010) Dr. Sam Beavers was present representing the request. There was one registered objector present. Staff presented the item with a recommendation of denial. Dr. Beavers stated he had moved into the eastern portion of the former Gateway Computer Store and was in awe when he requested a sign along the eastern fagade of the building and was denied the request. He stated the business located on the west side of the building was allowed signage and he felt this would be the case with his business as well. He stated a number of his customers had missed the drive because they were unable to see the existing front sign until it was to late. He stated he felt for safety reasons it was important to allow signage on the east facade to allow his patients to know his location. Ms. Ruth Bell addressed the Commission in opposition of the request. She stated the League of Women Voters had long supported the Design Overlay District and the City's sign ordinance. She stated this was a perfect example of allowing something on one side of the building the business on the other would desire the same. She stated she did not feel the sign on the east fagade would be visible for persons traveling east. She stated there was a significant elevation change on the western side of the building but did not feel this was the case on the eastern side of the building. She requested the Commission adhere to the DOD and the City's sign ordinance. Dr. Beavers stated the sign would be visible for the east. He stated the sign would be located in such a manner as to allow persons on Bowman Road and Chenal Parkway a view of the business before being in front of the building and having to turn sharply. He stated -the desire for the sign was strictly for safety reasons for his customers. 5 August 12, 2010 SUBDIVISION ITEM NO.: 7 FILE NO.: Z -7917 - There was a general discussion by the Commission concerning the signage request, how the request fit with the DOD and the City's sign ordinance. Dr. Beavers stated Gateway Computer Stores had a sign on the wall. Staff stated they were not aware of any legally permitted signage on the eastern facade. A motion was made to approve the request. The motion failed by a vote of 3 ayes, 3 noes, 4 absent and 1 open position. A ITEM NO_: 7, Z -7917-C NAME: Arkansas Dental Health Revised Short -form PCD LOCATION: located at 12018 Chenal Parkway Planning Staff Comments: 1. Provide notification of property owners located within 200 -feet of the site, complete with the certified abstract list, notice form with affidavit executed and proof of mailing. The notice must be mailed no later than July 28, 2010. The Office of Planning and Development must receive the proof of notice no later than August 6, 2010. 2. Provide details of the proposed sign including total height, length and total square footage. Variance/Waivers: None requested. Public Works Conditions: No comment. Utilities and Fire Department/County Planning: Wastewater: Sewer available to this project. Entergy: No comment received. Center -Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: Approved as submitted. Fire Department: Approved as submitted. County Planning: No comment. CATA: The site is located on CATA Bus Route #5 — the West Markham Route. Parks and Recreation: No comment received. Planning Division: This request is located in the Ellis Mountain Planning District. The Land Use Plan shows Commercial for this property. The applicant has applied for a revised Planned Commercial Development to allow signage on the east fagade of the existing building located without public street frontage. This is not a usage type issue, Item # 7. however each Planned Zoning District is to be reviewed on its own merits with consideration of the Land Use Plan for the site and surrounding areas. This area is covered by the Rock Creek Neighborhood Plan, but the plan does not address signage issues. Master Street Plan: Chenal Parkway 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 Chenal Parkway since it is a Principal Arterial. Bicycle Plan: There are no bike routes shown in the immediate vicinity. Landscape: Any dead, diseased or missing landscaping must be replaced and/or installed regardless of the approval of this application request. Revised plat/plan: Submit four (4) copies of a revised preliminary plat/plan (to include the additional information as noted above) to staff on Wednesday, July 28, 2010. Item # 7.