HomeMy WebLinkAboutZ-7919-A Staff AnalysisFILE NO.: Z -7919-A
NAME: JAPB, LLC Marina -Condo Project Revised Long -form PCD
LOCATION: Located North of 3�d Street and East of Bond Street
DEVELOPER:
JAPB, LLC
John Burkhalter Managing Member
26 Collins Industrial
North Little Rock, AR 72113
FNC;INFFR-
The Holloway Firm
200 Cassey Drive
Maumelle, AR 72113
AREA: 11.3 acres
CURRENT ZONIN
ALLOWED USES
PROPOSED ZONING
PROPOSED USE
NUMBER OF LOTS: 1
PCD
FT. NEW STREET: 0 LF
Mixed Use Development, Commercial, Marina and
Residential
Revised PCD
Mixed Use Development, Commercial, Marina and
Residential
VARIAN CESANAIVERS REQUESTED:
1. A variance from the Land Alteration Ordinance to allow advanced grading of the site.
2. A waiver of the storm water detention ordinance requirements.
BACKGROUND:
Ordinance No. 19,425 adopted by the Little Rock Board of Directors on November 1,
2005, rezoned the site from R-4, Two-family District to PCD. The applicant proposed to
construct a mixed used development containing apartments, commercial, a marina and
a public boat launch ramp. The apartments would occupy 4.5 acres; the restaurant,
public launch ramp, and marina, 5.0 acres; the retail facility 1.5 acres; and the surface
parking areas would occupy 1.67 acres.
FILE NO.: Z -7919-A Cont.
The approved site plan included 206 -covered slips for both public and private access for
dockage, storage and launching. The applicant indicated amenities including a ship's
store, fueling facility, pubic launch ramp and boardwalk. There were uncovered slips
and transient moorage that would support 336 boats.
A. PROPOSAL/REQUEST:
The project now consists of a condominium/marina project developed in four
phases. The initial phase will begin in 2008 with completion of the project in
2014. The Master Plan for the site indicates two developments planned for the
site. The condominium development and the marina, each stands alone.
The condominium development consists of 268 residential units, 250 residential
storage units and 700 parking spaces. The development site is south of the
floodway line on the property where the existing elevation is approximately
252.00. The 100 -year flood elevation at the site is 252.00. Three buildings are
planned for the condominium development with building number being a two
story structure that will be used as the development office for each separate
development. The development office will be used for the marketing selling,
leasing, construction and maintenance of the condominium development and will
also be used for management of the condominium development after the
condominium buildings are completed. Building number 2 and 3 will each be ten
story buildings. The first three floors of each will be utilized for parking. The
remaining seven floors will be a mixed use of residential
condominiums/apartments, and office uses. The condominium development will
reflect a Mediterranean Architectural style that utilizes environmental friendly
LEED Certified green construction. The development will be a gated community
with 24 hour security.
The marina development consists of 13 docks which contain 450 watercraft slips.
The development lies north of the floodway line to the edge of the southern
navigation channel line in the Arkansas River. Two boat basins are to be built for
the marina development. Boat basin numbers 1 and 2 will have a manmade
floating wave break protecting the harbor from wave entry and river debris. The
marina development will be a full service facility that includes: marine fuel,
transient boat dockage, a neighborhood market complete with grocery, tackle,
bait, hardware, laundry and shower facilities, full service restaurant, fishing pier
and public walking promenades. Covered and uncovered boat slips will be
provided for boats ranging in size from personal water crafts to yachts of 130 feet
in length. Shore service for the boat slips will include dockside lighting, fresh
water, outlets for single and three phase electricity, slop -side pump out stations
and boat cleaning. The floodway property will include pavement for unloading
and parking. The marina development will reflect a Mediterranean Architecture
style that utilizes environmental friendly LEED Certified green construction similar
to the condominium development.
FILE NO.: Z -7919-A (Cont.
The developer has indicated the desire to develop the City owned property
adjacent to the west including a public boat launch ramp, park and playground
area and the river trail system with both bike and pedestrian access.
The phasing of the marina -condo project has been shown on a phased
development plan. The initial phases begin at the west end of the property.
Waterlines for fire flow along with other utilities systems need to extend all the
way from the west to the east end of the property. The earthwork must be
completed to final grade on the south side of the floodway first, in order that other
phases of development may proceed without tearing up the initial phase and
successive phases by the weight of heavy trucks traveling across the
construction areas. The applicant is seeking a variance from the Land Alteration
Ordinance to allow advanced grading of the site with the construction of the first
building.
The developer is also requesting a waiver of the storm water detention ordinance
requirement. The runoff from the marina -condo project will run into the Arkansas
River which will be totally unaffected by any detention that might be
accomplished on the site.
B. EXISTING CONDITIONS:
The site is vacant and was recently cleared. The Arkansas River is located to
the north of the site and single-family homes on smaller lots are located to the
south of the site. To the east of the site is the FOP meeting facility and further
east of the site is the Pulaski County Health Building.
C. NEIGHBORHOOD COMMENTS -
As of this writing, staff has received one informational phone call from an area
resident. The East Little Rock Neighborhood Association and the Hanger Hill
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:
The proposed site is within the adopted regulatory floodway. The proposed
alteration or encroachments of the floodway will require flood map revisions
and conditional approval from Public Works and the Federal Emergency
Management Agency prior to the issuance of City permits for the start of
work in the floodway.
3
FILE NO.: Z -7919-A (Cont.
2. Alteration of the water course or encroachment within the floodway and
flowage easements of the Arkansas River will require approval from the
Little Rock District of the US Army Corps of Engineers prior to the issuance
of City permits and the start of work in the floodway.
3. Alteration or use of the levee will require approval from the Little Rock
Levee District prior to start of work.
4. The floodway delineation is not shown on the plan as depicted on the
effective FIRM. Due to the date of beginning construction, the preliminary
FIRMs dated September 21, 2007 should be shown on the site plan.
Contact Vince Floriani in Civil Engineering for an electronic file of the new
floodway delineation at 371-4817.
5. Per Section 36-341 no structure shall be closer than twenty-five (25) feet to
any established floodway line. The storage or processing aboveground and
the storage belowground of material and fuel which is flammable or
explosive or which could other wise be injurious to human, animal or plant
life in time of flood shall be unlawful. Floodways shall be kept free of
structural involvement including fences, open storage of materials and
equipment, vehicle parking and other impediments to the free flow of
floodwater.
6. The proposed land use would classify 2nd Street on the Master Street Plan
as a commercial street. Dedicate right-of-way to 30 feet from centerline.
7. With site development, provide the design of the street conforming to the
Master Street Plan. Construct street improvement to 2"d Street including
5 -foot sidewalks with the planned development.
8. A special Grading Permit for Flood Hazard Areas will be required per
Section 8-283 prior to construction in the floodway.
9. A concrete driveway should be located at the end of 2nd Street. An 80 foot
diameter cul de sac and 100 foot diameter right-of-way should be provided
for vehicles to turnaround on public property.
10. Repair or replace any curb and gutter or sidewalk that is damaged in the
public right-of-way prior to occupancy.
11. 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).
12. Private access is proposed for these lots. In accordance with Section
31-207, private streets must be designed and constructed to the same
standards as public streets. A minimum access easement width of 45 feet
is required and street width of 24 feet from back of curb to back of curb.
13. 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. A variance is required to be issued for grading of
S
FILE NO.: Z -7919-A [Cont.
the area for the proposed condominium buildings since only the office is
being constructed at this time.
14. If disturbed area is one (1) or more acres, obtain a NPDES storm water
permit from the Arkansas Department of Environmental Quality prior to the
start of construction.
15. Streetlights are required by Section 31-403 of the Little Rock code. Provide
plans for approval to Traffic Engineering. Streetlights must be installed prior
to platting or certificate of occupancy. Contact Traffic Engineer 379-1813
(Steve Philpott) for more information.
16. Obtain permits prior to doing any street cuts or curb cuts. Obtain barricade
permit prior to doing any work in the right-of-way. Contact Traffic
Engineering at (501) 379-1805 (Travis Herbner) for more information.
17. The proposed park designed should be reviewed by the Little Rock Parks
Department. Contact Mark Webre at 371-6851 for additional assistance.
18. Is any construction including utility work proposed in the floodway?
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Existing Sewer Outfall located on site. No construction within
25 -feet of existing outfall without written authorization from Little Rock
Wastewater.
Entergy: Approved as submitted. .
Center -Point Energy: No comment received.
AT & T: No comment received.
Central Arkansas Water: All Central Arkansas Water requirements in effect at
the time of request for water service must be met. The facilities on-site will be
private. When meters are planned off private lines, private facilities shall be
installed to Central Arkansas Water's material and construction specifications
and installation will be inspected by an engineer, licensed to practice in the State
of Arkansas. Execution of Customer Owned Line Agreement is required. 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: Install and place fire hydrants per code. Contact the Little
Rock Fire Department for additional information concerning Fire Department
Connections.
County Planning: No comment.
CATA: The site is not located on a dedicated CATA Bus Route.
FILE NO.: Z -7919-A f Cont.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: This request is located in the East Little Rock Planning
District. The Land Use Plan shows Mixed Use and Parks and Open Space for
this property. The applicant has applied for a revised Long form PCD.
The request does not require a change to the Land Use Plan
Master Street Plan: Bond is shown as a Collector and East 3rd is shown as a
Local Street. These streets may require dedication of right-of-way and may
require street improvements for entrances and exits to the site. The primary
function of a Collector Street is to provide a connection from Local Streets to
Arterials. The primary function of a Local Street is to provide access to adjacent
properties. Local Streets which are abutted by non-residential zoning/use or
more intensive zoning than duplexes are considered as "Commercial Streets".
These streets have a design standard the same as a Collector.
Bicycle Plan: A Class I bike route is shown proposed along the south shore of
the Arkansas River just north of this site. A Class I bikeway is built separate from
or alongside a road. Additional paving and right of way may be required.
Neighborhood Action Plan: This area is not covered by a City of Little Rock
Neighborhood Action Plan.
Parks and Recreation: Little Rock Parks and Recreation Department has been
approached by the applicant to develop river access for boating and fishing
activities, a park area and a section of the Arkansas River Trail. The City owns
park property that will enable the applicant to perform access to boating and
fishing and the park area. In order to comply with State law, a Request for
Proposals will be issued to see if any other parties would be interested in
assisting the City of Little Rock in developing this project.
The applicant has requested that the City locate the Arkansas River Trail along
the levee and would help contribute funds towards its development. Staff has not
approached the levee owners or determined the scope of work for this request.
However, if it is found to be feasible, then staff is supportive of this request
Landscape:
1. Site plan must comply with the City's minimal landscape and buffer ordinance
requirements.
2. All interior islands are to be a minimum of three hundred (300) square foot in
area and to be evenly distributed throughout the site.
3. Street trees are required along 2 d Street.
0
FILE NO.: Z -7919-A (Cont.
4. A franchise agreement must be obtained with the City of Little Rock Public
Works department for the street trees prior to the issuance of a building
permit.
5. Coordination with the City of Little Rock, Parks and Recreation Department is
required in conjunction with this proposal.
6. An automatic irrigation system to water landscaped areas will be required.
7. Prior to the issuance of a building permit, it will be necessary to provide an
approved landscape plan stamped with the seal of a Registered Landscape
Architect.
8. The City Beautiful Commission recommends preserving as many existing
trees as feasible on this site. Credit toward fulfilling Landscape Ordinance
requirements can be given when preserving trees of six (6) inch caliper or
larger.
G. SUBDIVISION COMMITTEE COMMENT: (October 18, 2007)
The applicant was present. Staff presented an overview of the proposed
development stating there were a number of issues related to the site plan in
need of addressing prior to the item being considered by the Commission. Staff
stated the site plan indicated the utilization of City owned property which the
applicant did not have control of. Staff also stated the site plan did not include
elements of the Master Parks Plan including the bike trail or the walking trail.
Staff questioned the potential office and commercial uses identified on the site
plan. Staff also requested the applicant provide the location of the proposed fuel
storage.
Public Works comments were addressed. Staff stated the site was within the
regulatory floodway. Staff also stated the floodway delineation was not shown on
the plat as depicted on the effective FIRM dated September 21, 2007. Staff
stated the land use would classify East 2nd Street as a commercial street and a
right of way dedication to 30 -feet from centerline would be required. Staff also
stated a grading permit would be required prior to any clearing or filling on the
site.
Landscaping comments were addressed. Staff stated street trees would be
required along East 2nd Street. Staff also stated parking lot islands should be a
minimum of 300 square feet and evenly distributed through out the site.
Staff noted comments from the various other reporting departments and
agencies suggesting the applicant contact them directly for additional information
and clarification. There was no further discussion of the item. The Committee
then forwarded the item to the full Commission for final action.
7
FILE NO.: Z -7919-A Cont.)
H. ANALYSIS:
The applicant submitted a revised site plan to staff addressing a number of the
issues raised at the October 18, 2007, Subdivision Committee meeting. The
revised plan continues to indicate development of the City owned property,
indicates the proposed office and commercial uses and indicates the location of
the fuel tanks. The applicant has also indicated they will work with City staff to
locate the pedestrian and bike trails as indicated on the City's Master Parks Plan.
The applicant has also indicated a RFP or PRQ will be secured with the City prior
to development of the City owned property. Construction of the facilities on City
owned property will begin upon approval from the City and all regulatory
agencies.
The fuel storage area is located outside the floodplain and outside the floodway.
The dumpster facilities will be limited to accommodate the pubic part of the
improvements separately from the private part. All dumpster locations have been
identified outside the floodway.
The development will likely be one to two floors of tower devoted to executive
offices, and retail will also be located on the floating marina facilities such as a
restaurant, general retail and convenience store. Dock services will also be
provided for fuel and the restocking of typical supplies. Other retail shops will be
available at the marina for miscellaneous and aquatic activities. Typically all
retail activities will be enclosed retail activities.
Fencing is proposed as wrought iron type construction and will generally follow
the south property line from the gate leading to the private marina slips and the
condominium development to the eastern boundary. The maximum fence height
proposed is eight feet.
The maximum building height proposed is 120 -feet with an architectural tower
extending an additional 30 -feet.
The applicant is requesting a waiver of the required storm water detention
requirements. The site is located adjacent to the Arkansas River and providing
detention would not service the overall needs or the intention of the storm
drainage detention policy.
The applicant is also seeking a variance from the Land Alteration Ordinance to
allow advanced grading of the site. The applicant is seeking to fill the entire site
with the construction of the Phase I building. The applicant has indicated the
Phase I development will include filling the floodway to a 253.5 foot elevation,
installation of utilities, construction of 2nd Street Extension, construction of a
2 -story office building, landscape and tree planting, underground sprinkler
system and construction of the harbor master building and office. This portion of
the development is scheduled for construction during 2007 and 2008. According
to the applicant the variance is necessary to limit the truck traffic to the site and
limit the repetitive heavy loads across 2Rd Street with every expansion or phase.
The second phase consists of construction of the river channel wave break, (boat
basin #1), construction of boat slips, construction of the fuel islands and
construction of the first condo tower. This phase of development is proposed to
take place in 2008 and 2009. The third phase will include construction of the
9
FILE NO.: Z -7919-A Cont.
river channel wave break (boat basin #2), construction of boat slips and
construction of the restaurant. This phase is slated for 2010 — 2011. The final
phase will take place in 2012 — 2014 and consists of construction of the 2"a
condo tower, construction of additional retail on the boat dock and the completion
of all the remaining portions of the development.
The site plan indicates four commercial buildings with a building footprint totaling
30,400 square feet and three residential/office buildings with a building footprint
totaling 57,600 square feet. The development contains 11.3 acres with
8.83 acres available as common usable open space area. The development will
contain 268 residential units, 250 residential storage units and 700 parking
spaces. The applicant is seeking a variance from the zoning ordinance to allow
parking within the fioodway. According to the applicant the Arkansas River does
not experience flash flooding. The river rises at a slow rate and is controlled by
the Arkansas Corp of Engineers. The development will provide gates to secure
the parking areas located within the fioodway which will be secured during the
event of a flood and upon notification by the Corp of Engineers.
Although, staff is generally supportive of the request there are concerns related
to developing in the fioodway and issues recently raised by the airport. Staff
continues to study these issues.
STAFF RECOMMENDATIONS:
Staff recommendation is forthcoming.
PLANNING COMMISSION ACTION: (NOVEMBER 8, 2007)
The applicant was present. There were no registered objectors present. Staff
presented the item stating the applicant had resolved staffs concerns related to the
floodway and the previously identified airport concerns. Staff stated the airport was
offering conditions for approval in addition to the City comments and conditions. Staff
stated according to the airport due to the proximity and use of the proposed
development, certain measures were recommended to minimize any impact, singular or
cumulative, to Little Rock National Airport and should be addressed. The following are
conditions of approval related to the airport:
1. The notices of the development shall be filed with Federal Aviation Administration by
submitting FAA form 7460-1, Notice of Proposed Construction or Alteration. Little
Rock National Airport will object to the development if the FAA determines such
development will have an effect on instrument approach procedures at the Little
Rock National Airport.
2. JAPB, LLC shall provide an Avigation Easement to Little Rock National Airport at no
cost to the airport.
3. The development should provide construction methods to sound attenuate any
interior residential and hotel rooms to achieve an interior sound level of 45 db or less
with the windows closed and the doors shut.
9
FILE NO.: Z -7919-A (Cont.
Staff also presented a recommendation of approval of the request subject to compliance
with the comments and conditions as outlined in paragraphs D, E and F of the agenda
staff report. Staff presented a recommendation of approval of the applicant's request
for a variance to the Land Alteration Ordinance to allow advanced grading of the site.
There was no further discussion of the item. The chair entertained a motion for
placement of the item on the consent agenda for approval. The motion carried by a
vote of 10 ayes, 1 noes and 0 absent.
10
November 8, 2007
ITEM NO.: 22
FILE NO.: Z -7919-A
NAME: JAPB, LLC Marina -Condo Project Revised Long -form PCD
LOCATION: Located North of 3rd Street and East of Bond Street
DEVELOPER:
JAPB, LLC
John Burkhalter Managing Member
26 Collins Industrial
North Little Rock, AR 72113
ENGINEER:
The Holloway Firm
200 Cassey Drive
Maumelle, AR 72113
AREA: 11.3 acres
CURRENT ZONING
ALLOWED USES:
PROPOSED ZONING
ROPOSED USE
NUMBER OF LOTS: 1
PCD
FT. NEW STREET: 0 LF
Mixed Use Development, Commercial, Marina and
Residential
Revised PCD
Mixed Use Development, Commercial, Marina and
Residential
VARIANCES/WAIVERS REQUESTED:
1. A variance from the Land Alteration Ordinance to allow advanced grading of the site.
2. A waiver of the storm water detention ordinance requirements.
BACKGROUND:
Ordinance No. 19,425 adopted by the Little Rock Board of Directors on November 1,
2005, rezoned the site from R-4, Two-family District to PCD. The applicant proposed to
construct a mixed used development containing apartments, commercial, a marina and
a public boat launch ramp. The apartments would occupy 4.5 acres; the restaurant,
November 8, 2007
SUBDIVISION
ITEM NO.: 22 (Cont.) FILE NO.: Z -7919-A
public launch ramp, and marina, 5.0 acres; the retail facility 1.5 acres; and the surface
parking areas would occupy 1.67 acres.
The approved site plan included 206 -covered slips for both public and private access for
dockage, storage and launching. The applicant indicated amenities including a ship's
store, fueling facility, pubic launch ramp and boardwalk. There were uncovered slips
and transient moorage that would support 336 boats.
A. PROPOSAL/REQUEST:
The project now consists of a condominium/marina project developed in four
phases. The initial phase will begin in 2008 with completion of the project in
2014. The Master Plan for the site indicates two developments planned for the
site. The condominium development and the marina, each stands alone.
The condominium development consists of 268 residential units, 250 residential
storage units and 700 parking spaces. The development site is south of the
floodway line on the property where the existing elevation is approximately
252.00. The 100 -year flood elevation at the site is 252.00. Three buildings are
planned for the condominium development with building number being a two
story structure that will be used as the development office for each separate
development. The development office will be used for the marketing selling,
leasing, construction and maintenance of the condominium development and will
also be used for management of the condominium development after the
condominium buildings are completed. Building number 2 and 3 will each be ten
story buildings. The first three floors of each will be utilized for parking. The
remaining seven floors will be a mixed use of residential
condominiums/apartments, and office uses. The condominium development will
reflect a Mediterranean Architectural style that utilizes environmental friendly
LEED Certified green construction. The development will be a gated community
with 24 hour security.
The marina development consists of 13 docks which contain 450 watercraft slips.
The development lies north of the floodway line to the edge of the southern
navigation channel line in the Arkansas River. Two boat basins are to be built for
the marina development. Boat basin numbers 1 and 2 will have a manmade
floating wave break protecting the harbor from wave entry and river debris. The
marina development will be a full service facility that includes: marine fuel,
transient boat dockage, a neighborhood market complete with grocery, tackle,
bait, hardware, laundry and shower facilities, full service restaurant, fishing pier
and public walking promenades. Covered and uncovered boat slips will be
provided for boats ranging in size from personal water crafts to yachts of 130 feet
in length. Shore service for the boat slips will include dockside lighting, fresh
water, outlets for single and three phase electricity, slop -side pump out stations
and boat cleaning. The floodway property will include pavement for unloading
E
November 8, 2007
SUBDIVISION
ITEM NO.: 22 (Cont.
FILE NO.: Z -7919-A
and parking. The marina development will reflect a Mediterranean Architecture
style that utilizes environmental friendly LEED Certified green construction similar
to the condominium development.
The developer has indicated the desire to develop the City owned property
adjacent to the west including a public boat launch ramp, park and playground
area and the river trail system with both bike and pedestrian access.
The phasing of the marina -condo project has been shown on a phased
development plan. The initial phases begin at the west end of the property.
Waterlines for fire flow along with other utilities systems need to extend all the
way from the west to the east end of the property. The earthwork must be
completed to final grade on the south side of the floodway first, in order that other
phases of development may proceed without tearing up the initial phase and
successive phases by the weight of heavy trucks traveling across the
construction areas. The applicant is seeking a variance from the Land Alteration
Ordinance to allow advanced grading of the site with the construction of the first
building.
The developer is also requesting a waiver of the storm water detention ordinance
requirement. The runoff from the marina -condo project will run into the Arkansas
River which will be totally unaffected by any detention that might be
accomplished on the site.
B. EXISTING CONDITIONS:
The site is vacant and was recently cleared. The Arkansas River is located to
the north of the site and single-family homes on smaller lots are located to the
south of the site. To the east of the site is the FOP meeting facility and further
east of the site is the Pulaski County Health Building.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has received one informational phone call from an area
resident. The East Little Rock Neighborhood Association and the Hanger Hill
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 site is within the adopted regulatory floodway. The proposed
alteration or encroachments of the floodway will require flood map revisions
3
November 8, 2007
SUBDIVISION
ITEM NO.: 22(Cont.)FILE NO.: Z-791 9-A
and conditional approval from Public Works and the Federal Emergency
Management Agency prior to the issuance of City permits for the start of
work in the floodway.
2. Alteration of the water course or encroachment within the floodway and
flowage easements of the Arkansas River will require approval from the
Little Rock District of the US Army Corps of Engineers prior to the issuance
of City permits and the start of work in the floodway.
3. Alteration or use of the levee will require approval from the Little Rock
Levee District prior to start of work.
4. The floodway delineation is not shown on the plan as depicted on the
effective FIRM. Due to the date of beginning construction, the preliminary
FIRMs dated September 21, 2007 should be shown on the site plan.
Contact Vince Floriani in Civil Engineering for an electronic file of the new
floodway delineation at 371-4817.
5. Per Section 36-341 no structure shall be closer than twenty-five (25) feet to
any established floodway line. The storage or processing aboveground and
the storage belowground of material and fuel which is flammable or
explosive or which could other wise be injurious to human, animal or plant
life in time of flood shall be unlawful. Floodways shall be kept free of
structural involvement including fences, open storage of materials and
equipment, vehicle parking and other impediments to the free flow of
floodwater.
6. The proposed land use would classify 2"d Street on the Master Street Plan
as a commercial street. Dedicate right-of-way to 30 feet from centerline.
7. With site development, provide the design of the street conforming to the
Master Street Plan. Construct street improvement to 2"d Street including
5 -foot sidewalks with the planned development.
8. A special Grading Permit for Flood Hazard Areas will be required per
Section 8-283 prior to construction in the floodway.
9. A concrete driveway should be located at the end of 2nd Street. An 80 foot
diameter cul de sac and 100 foot diameter right-of-way should be provided
for vehicles to turnaround on public property.
10. Repair or replace any curb and gutter or sidewalk that is damaged in the
public right-of-way prior to occupancy.
11. 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).
Il
November 8, 2007
SUBDIVISION
ITEM NO.: 22 (Cont.
219=10NWAY sS1104a1
12. Private access is proposed for these lots. In accordance with Section
31-207, private streets must be designed and constructed to the same
standards as public streets. A minimum access easement width of 45 feet
is required and street width of 24 feet from back of curb to back of curb.
13. 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. A variance is required to be issued for grading of
the area for the proposed condominium buildings since only the office is
being constructed at this time.
14. If disturbed area is one (1) or more acres, obtain a NPDES storm water
permit from the Arkansas Department of Environmental Quality prior to the
start of construction.
15. Streetlights are required by Section 31-403 of the Little Rock code. Provide
plans for approval to Traffic Engineering. Streetlights must be installed prior
to platting or certificate of occupancy. Contact Traffic Engineer 379-1813
(Steve Philpott) for more information.
16. Obtain permits prior to doing any street cuts or curb cuts. Obtain barricade
permit prior to doing any work in the right-of-way. Contact Traffic
Engineering at (501) 379-1805 (Travis Herbner) for more information.
17. The proposed park designed should be reviewed by the Little Rock Parks
Department. Contact Mark Webre at 371-6851 for additional assistance.
18. Is any construction including utility work proposed in the floodway?
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Existing Sewer Outfall located on site. No construction within
25 -feet of existing outfall without written authorization from Little Rock
Wastewater.
Entergy. Approved as submitted. .
Center -Point Energy: No comment received.
AT & T: No comment received.
Central Arkansas Water: All Central Arkansas Water requirements in effect at
the time of request for water service must be met. The facilities on-site will be
private. When meters are planned off private lines, private facilities shall be
installed to Central Arkansas Water's material and construction specifications
and installation will be inspected by an engineer, licensed to practice in the State
of Arkansas. Execution of Customer Owned Line Agreement is required. This
l•
November 8, 2007
SUBDIVISION
ITEM NO.: 22 (Cont.
FILE NO.: Z -7919-A
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: Install and place fire hydrants per code. Contact the Little
Rock Fire Department for additional information concerning Fire Department
Connections.
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 East Little Rock Planning
District. The Land Use Plan shows Mixed Use and Parks and Open Space for
this property. The applicant has applied for a revised Long form PCD.
The request does not require a change to the Land Use Plan.
Master Street Plan: Bond is shown as a Collector and East 3rd is shown as a
Local Street. These streets may require dedication of right-of-way and may
require street improvements for entrances and exits to the site. The primary
function of a Collector Street is to provide a connection from Local Streets to
Arterials. The primary function of a Local Street is to provide access to adjacent
properties. Local Streets which are abutted by non-residential zoning/use or
more intensive zoning than duplexes are considered as "Commercial Streets".
These streets have a design standard the same as a Collector.
Bicycle Plan: A Class I bike route is shown proposed along the south shore of
the Arkansas River just north of this site. A Class I bikeway is built separate from
or alongside a road. Additional paving and right of way may be required.
Neighborhood Action Plan: This area is not covered by a City of Little Rock
Neighborhood Action Plan.
Parks and Recreation: Little Rock Parks and Recreation Department has been
approached by the applicant to develop river access for boating and fishing
activities, a park area and a section of the Arkansas River Trail. The City owns
park property that will enable the applicant to perform access to boating and
fishing and the park area. In order to comply with State law, a Request for
Proposals will be issued to see if any other parties would be interested in
assisting the City of Little Rock in developing this project.
9
November 8, 2007
SUBDIVISION
ITEM NO.: 22 (Cont.
FILE NO.: Z -7919-A
The applicant has requested that the City locate the Arkansas River Trail along
the levee and would help contribute funds towards its development. Staff has not
approached the levee owners or determined the scope of work for this request.
However, if it is found to be feasible, then staff is supportive of this request
Landscape.
1. Site plan must comply with the City's minimal landscape and buffer ordinance
requirements.
2. All interior islands are to be a minimum of three hundred (300) square foot in
area and to be evenly distributed throughout the site.
3. Street trees are required along 2nd Street.
4. A franchise agreement must be obtained with the City of Little Rock Public
Works department for the street trees prior to the issuance of a building
permit.
5. Coordination with the City of Little Rock, Parks and Recreation Department is
required in conjunction with this proposal.
6. An automatic irrigation system to water landscaped areas will be required.
7. Prior to the issuance of a building permit, it will be necessary to provide an
approved landscape plan stamped with the seal of a Registered Landscape
Architect.
8. The City Beautiful Commission recommends preserving as many existing
trees as feasible on this site. Credit toward fulfilling Landscape Ordinance
requirements can be given when preserving trees of six (6) inch caliper or
larger.
G. SUBDIVISION COMMITTEE COMMENT: (October 18, 2007)
The applicant was present. Staff presented an overview of the proposed
development stating there were a number of issues related to the site plan in
need of addressing prior to the item being considered by the Commission. Staff
stated the site plan indicated the utilization of City owned property which the
applicant did not have control of. Staff also stated the site plan did not include
elements of the Master Parks Plan including the bike trail or the walking trail.
Staff questioned the potential office and commercial uses identified on the site
plan. Staff also requested the applicant provide the location of the proposed fuel
storage.
Public Works comments were addressed. Staff stated the site was within the
regulatory floodway. Staff also stated the floodway delineation was not shown on
the plat as depicted on the effective FIRM dated September 21, 2007. Staff
7
November 8, 2007
UBDIVISION
ITEM NO.: 22 (Cont.
FILE NO.: Z -7919-A
stated the land use would classify East 2nd Street as a commercial street and a
right of way dedication to 30 -feet from centerline would be required. Staff also
stated a grading permit would be required prior to any clearing or filling on the
site.
Landscaping comments were addressed. Staff stated street trees would be
required along East 2nd Street. Staff also stated parking lot islands should be a
minimum of 300 square feet and evenly distributed through out the site.
Staff noted comments from the various other reporting departments and
agencies suggesting the applicant contact them directly for additional information
and 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 a number of the
issues raised at the October 18, 2007, Subdivision Committee meeting. The
revised plan continues to indicate development of the City owned property,
indicates the proposed office and commercial uses and indicates the location of
the fuel tanks. The applicant has also indicated they will work with City staff to
locate the pedestrian and bike trails as indicated on the City's Master Parks Plan.
The applicant has also indicated a RFP or PRQ will be secured with the City prior
to development of the City owned property. Construction of the facilities on City
owned property will begin upon approval from the City and all regulatory
agencies.
The fuel storage area is located outside the floodplain and outside the floodway.
The dumpster facilities will be limited to accommodate the pubic part of the
improvements separately from the private part. All dumpster locations have been
identified outside the floodway.
The development will likely be one to two floors of tower devoted to executive
offices, and retail will also be located on the floating marina facilities such as a
restaurant, general retail and convenience store. Dock services will also be
provided for fuel and the restocking of typical supplies. Other retail shops will be
available at the marina for miscellaneous and aquatic activities. Typically all
retail activities will be enclosed retail activities.
Fencing is proposed as wrought iron type construction and will generally follow
the south property line from the gate leading to the private marina slips and the
condominium development to the eastern boundary. The maximum fence height
proposed is eight feet.
The maximum building height proposed is 120 -feet with an architectural tower
extending an additional 30 -feet.
November 8, 2007
SUBDIVISION
ITEM NO.: 22 Cont. FILE NO.: 2-7919-A
The applicant is requesting a waiver of the required storm water detention
requirements. The site is located adjacent to the Arkansas River and providing
detention would not service the overall needs or the intention of the storm
drainage detention policy.
The applicant is also seeking a variance from the Land Alteration Ordinance to
allow advanced grading of the site. The applicant is seeking to fill the entire site
with the construction of the Phase I building. The applicant has indicated the
Phase I development will include filling the floodway to a 253.5 foot elevation,
installation of utilities, construction of 2nd Street Extension, construction of a
2 -story office building, landscape and tree planting, underground sprinkler
system and construction of the harbor master building and office. This portion of
the development is scheduled for construction during 2007 and 2008. According
to the applicant the variance is necessary to limit the truck traffic to the site and
limit the repetitive heavy loads across 2nd Street with every expansion or phase.
The second phase consists of construction of the river channel wave break, (boat
basin #1), construction of boat slips, construction of the fuel islands and
construction of the first condo tower. This phase of development is proposed to
take place in 2008 and 2009. The third phase will include construction of the
river channel wave break (boat basin #2), construction of boat slips and
construction of the restaurant. This phase is slated for 2010 — 2011. The final
phase will take place in 2012 — 2014 and consists of construction of the 2nd
condo tower, construction of additional retail on the boat dock and the completion
of all the remaining portions of the development.
The site plan indicates four commercial buildings with a building footprint totaling
30,400 square feet and three residential/office buildings with a building footprint
totaling 57,600 square feet. The development contains 11.3 acres with
8.83 acres available as common usable open space area. The development will
contain 268 residential units, 250 residential storage units and 700 parking
spaces. The applicant is seeking a variance from the zoning ordinance to allow
parking within the floodway. According to the applicant the Arkansas River does
not experience flash flooding. The river rises at a slow rate and is controlled by
the Arkansas Corp of Engineers. The development will provide gates to secure
the parking areas located within the floodway which will be secured during the
event of a flood and upon notification by the Corp of Engineers.
Although, staff is generally supportive of the request there are concerns related
to developing in the floodway and issues recently raised by the airport. Staff
continues to study these issues.
STAFF RECOMMENDATIONS:
Staff recommendation is forthcoming.
PLANNING COMMISSION ACTION: (NOVEMBER 8, 2007)
The applicant was present. There were no registered objectors present. Staff
presented the item stating the applicant had resolved staff s concerns related to the
IJ
November 8, 2007
SUBDIVISION
1111111111MUMU OMMI[Gne Ali
FILE NO.: Z -7919-A
floodway and the previously identified airport concerns. Staff stated the airport was
offering conditions for approval in addition to the City comments and conditions. Staff
stated according to the airport due to the proximity and use of the proposed
development, certain measures were recommended to minimize any impact, singular or
cumulative, to Little Rock National Airport and should be addressed. The following are
conditions of approval related to the airport:
1. The notices of the development shall be filed with Federal Aviation Administration by
submitting FAA form 7460-1, Notice of Proposed Construction or Alteration. Little
Rock National Airport will object to the development if the FAA determines such
development will have an effect on instrument approach procedures at the Little
Rock National Airport.
2. JAPB, LLC shall provide an Avigation Easement to Little Rock National Airport at no
cost to the airport.
3. The development should provide construction methods to sound attenuate any
interior residential and hotel rooms to achieve an interior sound level of 45 db or less
with the windows closed and the doors shut.
Staff also presented a recommendation of approval of the request subject to compliance
with the comments and conditions as outlined in paragraphs D, E and F of the agenda
staff report. Staff presented a recommendation of approval of the applicant's request
for a variance to the Land Alteration Ordinance to allow advanced grading of the site.
There was no further discussion of the item. The chair entertained a motion for
placement of the item on the consent agenda for approval. The motion carried by a
vote of 10 ayes, 1 noes and 0 absent.
10
ITEM NO.: 22. Z-791 9-A
NAME: JAPB, LLC Marina -Condo Project Revised Long -form PCD
LOCATION: located North of 3rd Street and East of Bond Street
Plannina Staff Comments:
1. Provide notification of all 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 October 24, 2007. The Office of
Planning and Development must receive the proof of notice no later than November
2, 2007.
2. The site plan includes City of Little Rock property which has not been approved for
development. Seek assistance from the Little Rock Parks Department for the
process of securing a RFP or RFQ to allow development of the area.
3. The site plan does not indicate the City's Master Parks Plan items such as the Bike
Trail or the Walking Trail.
4. Provide the location of the fuel storage.
5. Provide the location of any proposed dumpster facilities. Will the hours of service of
the dumpster be limited? If so provide a note on the site plan indicating the hours of
service.
6. Provide details of any proposed fencing including location and construction material.
7. The site plan indicates a variance from the zoning ordinance to allow parking within
the floodway.
8. Identify the commercial and office uses proposed.
9. Provide the maximum building height proposed for the structures.
Variance[Waivers: None requested.
Public Works Conditions:
1. The proposed site is within the adopted regulatory floodway. The proposed
alteration or encroachments of the floodway will require flood map revisions and
conditional approval from Public Works and the Federal Emergency Management
Agency prior to the issuance of City permits for the start of work in the floodway.
2. Alteration of the water course or encroachment within the floodway and flowage
easements of the Arkansas River will require approval from the Little Rock District of
the US Army Corps of Engineers prior to the issuance of City permits and the start of
work in the floodway.
3. Alteration or use of the levee will require approval from the Little Rock Levee District
prior to start of work.
4. The floodway delineation is not shown on the plan as depicted on the effective
FIRM. Due to the date of beginning construction, the preliminary FIRMs dated
September 21, 2007 should be shown on the site plan. Contact Vince Floriani in
Item # 22
Civil Engineering for an electronic file of the new floodway delineation at 371-4817.
5. Per Section 36-341 no structure shall be closer than twenty-five (25) feet to any
established floodway line. The storage or processing aboveground and the storage
belowground of material and fuel which is flammable or explosive or which could
other wise be injurious to human, animal or plant life in time of flood shall be
unlawful. Floodways shall be kept free of structural involvement including fences,
open storage of materials and equipment, vehicle parking and other impediments to
the free flow of floodwater.
6. The proposed land use would classify 2nd Street on the Master Street Plan as a
commercial street. Dedicate right-of-way to 30 feet from centerline.
7. With site development, provide the design of the street conforming to the Master
Street Plan. Construct street improvement to 2"d Street including 5 -foot sidewalks
with the planned development.
8. A special Grading Permit for Flood Hazard Areas will be required per Section 8-283
prior to construction in the floodway.
9. A concrete driveway should be located at the end of 2"d Street. An 80 foot diameter
cul de sac and 100 foot diameter right-of-way should be provided for vehicles to
turnaround on public property.
10. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-
of-way prior to occupancy.
11. 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).
12.Private access is proposed for these lots. In accordance with Section 31-207,
private streets must be designed and constructed to the same standards as public
streets. A minimum access easement width of 45 feet is required and street width of
24 feet from back of curb to back of curb.
13.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. A variance
is required to be issued for grading of the area for the proposed condominium
buildings since only the office is being constructed at this time.
14. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit from
the Arkansas Department of Environmental Quality prior to the start of construction.
15.Streetlights are required by Section 31-403 of the Little Rock code. Provide plans
for approval to Traffic Engineering. Streetlights must be installed prior to platting or
certificate of occupancy. Contact Traffic Engineer 379-1813 (Steve Philpott) for
more information.
16.Obtain permits prior to doing any street cuts or curb cuts. Obtain barricade permit
prior to doing any work in the right-of-way. Contact Traffic Engineering at (501) 379-
1805 (Travis Herbner) for more information.
17. The proposed park designed should be reviewed by the Little Rock Parks
Department. Contact Mark Webre at 371-6851 for additional assistance.
18. Is any construction including utility work proposed in the floodway?
Utilities and Fire Department/County Planning:
Wastewater: Existing Sewer Outfall located on site. No construction within 25 -feet of
existing outfall without written authorization from Little Rock Wastewater.
Item # 22
Entergy: No comment received.
Center -Point Energy: No comment received.
AT & T: No comment received.
Central Arkansas Water: All Central Arkansas Water requirements in effect at the
time of request for water service must be met. The facilities on-site will be private. When
meters are planned off private lines, private facilities shall be installed to Central
Arkansas Water's material and construction specifications and installation will be
inspected by an engineer, licensed to practice in the State of Arkansas. Execution of
Customer Owned Line Agreement is required. 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: Install and place fire hydrants per code. Contact the Little Rock
Fire Department for additional information concerning Fire Department Connections.
County Planning: No comment.
CATH: The site is not located on a dedicated CATA Bus Route.
Planning Division: This request is located in the East Little Rock Planning District. The
Land Use Plan shows Mixed Use and Parks and Open Space for this property. The
applicant has applied for a revised Long form PCD.
The request does not require a change to the Land Use Plan.
Master Street Plan: Bond is shown as a Collector and East 3`d is shown as a Local
Street. These streets may require dedication of right-of-way and may require street
improvements for entrances and exits to the site. The primary function of a Collector
Street is to provide a connection from Local Streets to Arterials. The primary function of
a Local Street is to provide access to adjacent properties. Local Streets which are
abutted by non-residential zoning/use or more intensive zoning than duplexes are
considered as "Commercial Streets". These streets have a design standard the same
as a Collector.
Bicycle Plan: A Class I bike route is shown proposed along the south shore of the
Arkansas River just north of this site. A Class I bikeway is built separate from or
alongside a road. Additional paving and right of way may be required.
Neighborhood Action Plan: This area is not covered by a City of Little Rock
Neighborhood Action Plan.
Parks and Recreation: Little Rock Parks and Recreation Department has been
approached by the applicant to develop river access for boating and fishing activities, a
park area and a section of the Arkansas River Trail. The City owns park property that
will enable the applicant to perform access to boating and fishing and the park area. In
Item # 22
order to comply with State law, a Request for Proposals will be issued to see if any
other parties would be interested in assisting the City of Little Rock in developing this
project.
The applicant has requested that the City locate the Arkansas River Trail along the
levee and would help contribute funds towards its development. Staff has not
approached the levee owners or determined the scope of work for this request.
However, if it is found to be feasible, then staff is supportive of this request
Landscape:
1. Site plan must comply with the City's minimal landscape and buffer ordinance
requirements.
2. All interior islands are to be a minimum of three hundred (300) square foot in area
and to be evenly distributed throughout the site.
3. Street trees are required along 2" Street,
4. A franchise agreement must be obtained with the City of Little Rock Public Works
department for the street trees prior to the issuance of a building permit.
5. Coordination with the City of Little Rock, Parks and Recreation Department is
required in conjunction with this proposal.
6. An automatic irrigation system to water landscaped areas will be required.
7. Prior to the issuance of a building permit, it will be necessary to provide an approved
landscape plan stamped with the seal of a Registered Landscape Architect.
8. The City Beautiful Commission recommends preserving as many existing trees as
feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can
be given when preserving trees of six (6) inch caliper or larger.
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, October 24, 2007.
Item # 22