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HomeMy WebLinkAboutZ-7919 Staff AnalysisSeptember 29, 2005 ITEM NO.: 13.1 FILE NO.: Z-7919 NAME: Lighthouse Point Long -form PCD LOCATION: North of East 3rd Street, East of Bond Street DEVELOPER: Irwin Partners, LLC 1701 Centerview Drive, Suite 201 Little Rock, AR 72211 FN(;INFFR- Carter and Burgess Engineers 10816 Executive Center Drive, Suite 300 Little Rock, AR 72211 AREA: 12.67 acres CURRENT ZONING: ALLOWED USES: PROPOSED ZONING PROPOSED USE: NUMBER OF LOTS: 1 R-4, Two Family Two Family District PCD FT. NEW STREET: 0 LF Mixed Use Development, Commercial, Marina and Residential VARIANCESIWAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: The area of Lighthouse Point is 12.67 acres — 3.71 acres owned by the City of Little Rock would be leased from the City, and 8.958 acres owned by VGH Inc., LLC. The applicant proposes to construct a mixed used development containing apartments, commercial, a marina and a public boat launch ramp. The apartments at Lighthouse Point will 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 will occupy 1.67 acres. The applicant has indicated there is no full service marina on the Arkansas River, and there is only one public launch ramp on the south bank in the Little September 29, 2005 SUBDIVISION ITEM NO.: 13.1 (Cont.) _ FILE NO.: Z-7919 Rock/North Little Rock reach of the river. The applicant has indicated the City of Little Rock has been trying to create a marina and supportive facilities in the River Market area since 1996. With the proposed development of Lighthouse Point, according to the developer, that vision will become a reality. The applicant has indicated a 206 -covered slip Marina at Lighthouse Point to provide both public and private access to boat slips, dockage, storage and launching. The applicant has indicated amenities include a ship's store, fueling facility, pubic launch ramp and boardwalk. The applicant has also indicated there will be covered and uncovered slips and transient moorage that will be able to support 336 boats. The applicant has indicated the design of the facility will conform to the riverbank, so that the navigation channel is not obstructed. The applicant has indicated the existing dikes and revetment in the area for fishing piers and transient moorage slips without diminishing their function for the waterway. The applicant has indicated river -accessible restaurants will provide both Little Rock and the surrounding area with an upscale, profitable venue that's accessible from the river to draw the community to the River Market District and Alltel Arena. The applicant has indicated it will complement the full-service marina, Clinton Presidential Library and the Heifer Project Headquarters sites and will provide a unique dining experience for visitors whether they choose to eat inside or on the large deck. The applicant has indicated there is also an opportunity for the restaurant operator to develop specific conferencing space at the restaurant to serve the needs in the area, as well as the Clinton Presidential Library and Heifer Project. The applicant has indicated the development will contain 9,000 square feet of freestanding retail space. The shops at Lighthouse Point will bring boutique or specialty shops to the area. The applicant has indicated after a full day of boating, shopping, fabulous food and entertainment, home could be just a few steps away. The applicant has indicated two hundred twenty (220) upscale apartments constructed upon a one -level parking deck to provide comfortable living accommodations with beautiful view and easy access to downtown. The applicant has indicated the residents of the apartments will enjoy the amenities of suburban living with the convenience of the City's financial and business districts, the River Market area, hotels and Alltel Arena. The developers are also requesting the City's support in the development of an east/west corridor that will provide adequate public access from the site and the current downtown and River Market districts across the south side of the Clinton Presidential Park property and around the Heifer Project's Headquarters. The applicant has indicated the new corridor will provide access for visitors to the 2 September 29, 2005 SUBDIVISION ITEM NO.: 13.1 Cont. FILE NO.: Z-7919 Clinton Presidential Library and Heifer Project Headquarters and provide vehicles pulling boats on trailers easy access to the marina and public launch ramp, residents direct access to their apartments, and customers a route to the restaurant and shopping. The applicant has indicated the corridor will enhance the east/west access for current residents and businesses in the area and improve the image and safety of the area with appropriate lighting and streetscapes. The applicant has indicated the road will have two lanes, with a median that could accommodate a light rail system. The applicant has indicated not only will the corridor benefit current developments in the area, but it also would help pave the way for future developments in the area ranging from residential to recreational to a direct transportation link with the airport. The applicant has indicated the Developer is requesting the City of Little Rock to form a Redevelopment District (the "TIF") that will encompass only the property within the Lighthouse Point development, including sites for the apartment project, restaurant, retail market, public launch ramp, and full service marina. The applicant has indicated the corridor would be developed and constructed with financing through the formation of a Municipal Improvement District and contributions from Lighthouse Point Development. B. EXISTING CONDITIONS: The site is vacant with a scattering of trees. 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's. 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. The Planning Commission By-laws typically require the placement of a sign on the site for a minimum of 30 -days prior to the public hearing. Staff is aware the sign was not posted as required by the Commission's By-laws. The site was "pick-up" from staff on September 14, 2005, 15 days prior to the public hearing. 3 September 29, 2005 SUBDIVISION ITEM NO.: 13.1 Cont. FILE NO.: Z-7919 D. ENGINEERING COMMENTS: Public Works Conditions: 1. Property is within the floodway of the Arkansas River. Per Section 13-62(1) encroachments are prohibited, including fill, new construction, substantial improvements and other development within the adopted regulatory floodway unless it has been demonstrated through hydrology and hydraulic analysis performed in accordance with standard engineering practices that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood event. Obtain conditional approval from Public Works and the Federal Emergency Management agency. 2. Alteration of the watercourse or encroachment within the flowage easements of the Arkansas River will require approval from the Little Rock District of the US Army Corps of Engineers. 3. Alteration or use of the levee will require approval from the Little Rock Levee District especially the parking area and street crossings. 4. Provide existing topographic information at maximum five-foot contour interval. Show the limits of the 100 -year floodway and floodplain. 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 3rd Street on the Master Street Plan as a commercial street. Dedicate right-of-way to 30 feet from centerline. 7. 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. B. 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 the planned development. 9. Provide abandonment request documents for 2nd Street. 10. A special Grading Permit for Flood Hazard Areas will be required per Section 8-283 prior to construction. 11. Obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 12. 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 September 29, 2005 SUBDIVISION ITEM NO.: 13.1 Cont. FILE NO.: Z-7919 13. Provide a Sketch Grading and Drainage Plan per Section 29-186 (e). 14. The maximum finished floor elevation of 1 foot greater that the base flood elevation is required for all insurable structures in the floodplain. The finished floor elevation must be shown on the plat and grading plan. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Existing Sewer Outfall on this property with an existing 50 -foot easement. No construction will be allowed within the 50 -foot easement and any construction over or in close proximity to the easement must be approved by Little Rock Wastewater Utility. This includes any crossing of the easement by construction equipment of any kind. Contact Little Rock Wastewater Utility at 688-1414 for additional information. Entergy: No comment received. Center -Point Ener-gy: 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. 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 fire hydrants per code. Contact the Little Rock Fire Department at 918-3700 for additional information. County Planning: No comment. CATA: The site is not located adjacent to a dedicated CATA Bus Route. F. 1SSUES/TECH NICAL/DESIGN: Planning Division: This request is located in the East Little Rock Planning District. The Land Use Plan shows Park / Open Space for this property. The applicant has applied for a rezoning from R-4, C-3, and 1-3 to PCD to allow for construction of a marina, commercial activities, and apartments. A land use plan amendment for a change to Mixed Use for part of the project area is a separate item on this agenda. (LU05-06-02) 5 September 29, 2005 SUBDIVISION ITEM NO.: 13.1 Cont. FILE NO.: Z-7919 Master Street Plan: Bond Avenue is shown as a Collector and 3rd Street and 2nd Street are shown as Local Streets on the Master Street Plan. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials and the primary function of a Local Street is to provide access to adjacent properties; while the primary function of a Collector Street is to provide a connection from Local Streets to Arterials. These streets will require dedication of right-of-way and will require street improvements. The applicant has indicated additional street improvements will be made in the area, consistent with the Master Street Plan. Bicycle Plan: A Class I bikeway is shown paralleling the Arkansas River through this site. This class I bikeway is part of the River Trail System that is currently under construction west of the site. A Class I bikeway is built separate from or alongside a road and 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 schematic plan submitted is not detailed enough for a full review of the cities minimal landscaping and buffer requirements. Submittal of all future plans must comply with the City of Little Rock's minimal zoning buffer and landscaping requirements. An automatic irrigation system to water landscaped areas will be required. 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. G. SUBDIVISION COMMITTEE COMMENT: (September 8, 2005) The applicant was present representing the request. Staff presented an overview of the proposed development indicating there were several outstanding issues associated with the proposed request. Mr. Ron Tabor addressed the Committee members indicating the development needed several factors to "come together to make the development happen". He stated there were on-site and off-site improvements necessary to complete the project. He stated the developers were requesting a conceptual approval of the site plan to allow the developers to move forwarded with FEMA and Corp of Engineers approval. Commissioner Rector questioned if the approval was to get City input on the site development and the allowable uses for the site. Mr. Tabor stated once FEMA and Corp of Engineers approval was received there was very little lead way for shifting buildings. L September 29, 2005 SUBDIVISION NO.: 13.1 (Cont.) FILE NO.: Z-7919 Staff stated roadways to the south would also require relocation and right-of-way acquisition. Mr. Tabor stated his firm was working with property owners in the area to acquire the required right-of-way to extend Bond Street to the development as a collector street. He stated at some point in the process the developers would possibly require City assistance to secure the remaining right-of-ways. Landscaping comments were addressed. Staff stated the indicated site plan did not provide enough detail to ensure all buffer requirements were being met. Staff stated the proposed development would be required to meet the minimum zoning buffer and landscaping requirements. Public Works comments were addressed. Staff noted development would require approval from the Corp of Engineers and FEMA prior to construction. Staff also noted all boundary streets would require construction to Master Street Plan standard. Staff noted the site was identified in the City's Master Parks Plan with a trail. Staff stated the proposed site plan did not include the placement of the identified trails. Mr. Tabor stated he and the developers had met with the Parks Department on a number of occasions and the intent was to provide the trail connection through the site and keep the connection of the trail as identified on the Master Parks Plan. Staff stated Little Rock Wastewater Utility had raised concerns with regard to construction near the existing wastewater line easement. Mr. Tabor stated he had contacted the wastewater utility and they were agreeable to working with the developers to allow a crossing and the development to occur. 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 drawing to staff addressing most of the issues raised at the September 8, 2005, Subdivision Committee meeting. The applicant has not located the proposed trail on the site plan but has indicted intentions of working with staff to ensure the trail connection along the Arkansas River bank is not broken. The applicant has also indicated they will not construct the trails but will provide the City with easements to allow the City access to the trail network. The applicant has also indicated boundary street construction and right-of-way dedication will be completed per the Master Street Plan. 7 September 29, 2005 SUBDIVISION ITEM NO.: 13.1 (Cont, FILE NO.: Z-7919 Staff is supportive of the proposed development but staff feels the development lacks adequate detail to approve the site plan without further review. Staff feels there are a number of issues, which remain outstanding related to access, the trail system and the public launching ramp. The applicant has indicated road realignment to the south of the site. Staff feels the proposed uses are appropriate for the area and feels the redevelopment of the site could have a positive impact on the area. As a conceptual plan staff is supportive of allowing the site to develop with the proposed mixture of uses containing residential, commercial and a marina both public and private. Staff would however recommend the applicant provide a final development plan for final review and approval by the Planning Commission and the Board of Directors prior to construction. I. STAFF RECOMMENDATION: Staff recommends approval of a conceptual PCD to allow the site to develop with the indicated uses subject to compliance with the conditions outlined in paragraphs D, E, F and H of the above agenda staff report. Staff would further recommend once the applicant received all necessary approvals from the Corp of Engineers and FEMA the applicant provide a final site plan for review and approval by the Planning Commission and Board of Directors through a revised PCD. PLANNING COMMISSION ACTION: (SEPTEMBER 29, 2005) The applicant was present representing the request. There were registered objectors present. Staff presented the item with a recommendation of approval. Staff indicated the proposed development would require a waiver of the Commission's By-laws with regard to the late posting of the sign. Staff stated the signs were posted only fifteen days prior to the public hearing not the thirty days as required by the Commission's By-laws. There was a lengthy discussion concerning the posting of the sign and the typical requirements for the posting of the sign announcing the rezoning request. Commissioner Rector questioned those in attendance if they felt there would be additional participants if the sign had been posted the full thirty days. Comments made indicated there would be more in attendance but in support of the proposed development. A motion was made to waive the By-laws with regard to the posting of the sign. The motion carried by a vote of 8 ayes, 1 no, 1 recuse and 1 absent. 0 September 29, 2005 SUBDIVISION ITEM NO.: 13.1 (Cont.) FILE NO.: Z-7919 Mr. Ron Tabor addressed the Commission on the merits of the request. He stated the proposed developers had been meeting with the area residents, the Airport Commission and State and Federal regulatory agencies. Mr. Tabor stated there had been numerous meeting with staff and he was well aware the plan was far from finalized. He stated there were a number of pieces to put together and it would be a costly project. He stated without knowing if the City would support the proposed use of the site the developers were reluctant to move forward. He stated the trail of parks would be maintained through the site as requested by the City but the developers would not construct the park trail. Ms. Ruth Bell addressed the Commission in opposition of the proposed request. She stated the site was a large tract of land being removed from the City's Parks Plan. She stated the League of Women Voters felt it vital to maintain the open space for all the residents of the City. She stated the development had three strikes against them. She stated the uncertainty of the airport, the possibility of approving a TIF District and the loss of four acres of park lands. She stated the area was not a blighted area and did not need a TIF District to support redevelopment. She stated she agreed a marina in the area would be an asset to the area but she questioned the loss of park lands to gain the marina. She stated she did not feel taking four acres from the public for private development was an advantage to the City. She stated she also felt finding the public boat launch ramp would be difficult for the patrons due to the location of the proposed launch ramp. She questioned if the developers would consider leaving two acres along the river bank for public access and enjoyment. Mr. Tabor stated the developers were maintaining the trail of parks and would allow public access to the site. He stated he felt there would be a multiplicity of construction material along the trail. He stated the development itself would be a park like atmosphere. He stated the marina would utilize the waters beauty to for the park atmosphere. Mr. Tabor stated the developers were looking for support from the City for a defined site plan before moving forward. He stated the alignment of the roadway and the parking areas would be better defined prior to the final development plan being submitted. He stated he would work with the area property owners to ensure the redevelopment of the area offered the best protection for the area and their property. Mr. Bob Rossen addressed the Commission in support of the proposed request. He stated he represented area property owners most of which supported the proposed development. Mr. Rahman Ehhmin addressed the Commission in support of the proposed request. He stated he represented 45 property owners in the area all of which supported the proposed development. He stated the area felt the request would enhance the neighborhood and property values. 9 September 29, 2005 SUBDIVISION ITEM NO.: 13.1 Cont. FILE NO.: Z-7919 Mr. Nathan Denny addressed the Commission. He stated he felt the Commission should consider the development with regard to the current criminal element in the area. There was a general discussion concerning the proposed development and the appropriateness of the indicted uses. A motion was made to approve the request. The motion carried by a vote of 9 ayes, 0 noes, 1 recuse (Commissioner Gary Langlais) and 1 absent. W] ITEM NO.: 13. FILE NO.: Z-7919 NAME: Lighthouse Point Long -form PCD LOCATION: located North of East 3`d Street, East of Bond Street 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. 2. Provide a Bill of Assurance for Subdivision from the County Clerks Office, Real Estate Records. This Bill of Assurance may be obtained at the Pulaski County Circuit Clerk's office located at 401 West Markham Street. 3. Provide the maximum building height in the general notes section of the site plan. 4. The eastern most drive must be relocated to the west to allow a direct connection to the south. 5. Will there be an area of storage of boat trailers on the site for boats utilizing the marina? If so indicate the location for storage. 6. Provide the days and hours of operation of the commercial aspect of the development. 7. Provide details of the proposed gating. 8. Provide details of the proposed off site street construction. 9. Provide the location of the trail required as a part of the City's Master Parks Plan. Variance/Waivers: 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/or conditional approval from Public Works and the Federal Emergency Management Agency prior to start of work. 2. Alteration of the water course or encroachment within the flowage easements of the Arkansas River will require approval from the Little Rock District of the US Army Corps of Engineers prior to start of work. 3. Alteration or use of the levee will require approval from the Little Rock Levee District prior to start of work especially the parking area and street crossings. 4. Provide existing topographic information at maximum five-foot contour interval. Show the limits of the 100 -year floodway and floodplain. 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 C 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 3rd Street on the Master Street Plan as a commercial street. Dedicate right-of-way to 30 feet from centerline. 7. 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. 8. 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 the planned development. 9. Provide abandonment request documents for 2nd Street. 10.A special Grading Permit for Flood Hazard Areas will be required per Section 8-283 prior to construction. 11.Obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 12.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. 13. Provide a Sketch Grading and Drainage Plan per Section 29-186 (e). Utilities and Fire Department/County Planning: Wastewater: Existing Sewer Outfall on this property with an existing 50 -foot easement. No construction will be allowed within the 50 -foot easement and any construction over or in close proximity to the easement must be approved by Little Rock Wastewater Utility. This includes any crossing of the easement by construction equipment of any kind. Contact Little Rock Wastewater Utility at 688-1414 for additional information. Enter : 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. 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 fire hydrants per code. Contact the Little Rock Fire Department at 918-3700 for additional information. County Planning: No comment. CATA: No comment received. Planning Division: This request is located in the East Little Rock Planning District. The Land Use Plan shows Park / Open Space for this property. The applicant has applied for a rezoning from R-4, C-3, and 1-3 to PCD to allow for construction of a marina, commercial activities, and apartments. A land use plan amendment for a change to Mixed Use for part of the project area is a separate item on this agenda. (LU05-06-02) Master Street Plan: Bond Avenue is shown as a Collector and Td Street and 2nd Street are shown as Local Streets on the Master Street Plan. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials and the primary function of a Local Street is to provide access to adjacent properties; while the primary function of a Collector Street is to provide a connection from Local Streets to Arterials. These streets will require dedication of right-of-way and will require street improvements. The applicant has indicated additional street improvements will be made in the area, consistent with the Master Street Plan. Bicycle Plan: A Class I bikeway is shown paralleling the Arkansas River through this site. This class I bikeway is part of the River Trail System that is currently under construction west of the site. A Class I bikeway is built separate from or alongside a road and 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 schematic plan submitted is not detailed enough for a full review of the cities minimal landscaping and buffer requirements. Submittal of all future plans must comply with the City of Little Rock's minimal zoning buffer and landscaping requirements. An automatic irrigation system to water landscaped areas will be required. 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. Revised plat/plan: Submit four (4) copies of a revised preliminary plan (to include the additional information as noted above) to staff on Wednesday, September 14, 2005. FILE NO.: Z-7919 NAME: Lighthouse Point Long -form PCD LOCATION: North of East 3rd Street, East of Bond Street DEVELOPER: Irwin Partners, LLC 1701 Centerview Drive, Suite 201 Little Rock, AR 72211 FNr;INFFR- Carter and Burgess Engineers 10816 Executive Center Drive, Suite 300 Little Rock, AR 72211 AREA: 12.67 acres CURRENT ZONING: ALLOWED USES: PROPOSED ZONING NUMBER OF LOTS: 1 R-4, Two Family Two Family District . t FT. NEW STREET: 0 LF PROPOSED USE: Mixed Use Development, Commercial, Marina and Residential VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: The area of Lighthouse Point is 12.67 acres — 3.71 acres owned by the City of Little Rock would be leased from the City, and 8.958 acres owned by VGH Inc., LLC. The applicant proposes to construct a mixed used development containing apartments, commercial, a marina and a public boat launch ramp. The apartments at Lighthouse Point will 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 will occupy 1.67 acres. The applicant has indicated there is no full service marina on the Arkansas River, and there is only one public launch ramp on the south bank in the Little FILE NO.: Z-7919 Rock/North Little Rock reach of the river. The applicant has indicated the City of Little Rock has been trying to create a marina and supportive facilities in the River Market area since 1996. With the proposed development of Lighthouse Point, according to the developer, that vision will become a reality. The applicant has indicated a 206 -covered slip Marina at Lighthouse Point to provide both public and private access to boat slips, dockage, storage and launching. The applicant has indicated amenities include a ship's store, fueling facility, pubic launch ramp and boardwalk. The applicant has also indicated there will be covered and uncovered slips and transient moorage that will be able to support 336 boats. The applicant has indicated the design of the facility will conform to the riverbank, so that the navigation channel is not obstructed. The applicant has indicated the existing dikes and revetment in the area for fishing piers and transient moorage slips without diminishing their function for the waterway. The applicant has indicated river -accessible restaurants will provide both Little Rock and the surrounding area with an upscale, profitable venue that's accessible from the river to draw the community to the River Market District and Alltel Arena. The applicant has indicated it will complement the full-service marina, Clinton Presidential Library and the Heifer Project Headquarters sites and will provide a unique dining experience for visitors whether they choose to eat inside or on the large deck. The applicant has indicated there is also an opportunity for the restaurant operator to develop specific conferencing space at the restaurant to serve the needs in the area, as well as the Clinton Presidential Library and Heifer Project. The applicant has indicated the development will contain 9,000 square feet of freestanding retail space. The shops at Lighthouse Point will bring boutique or specialty shops to the area. The applicant has indicated after a full day of boating, shopping, fabulous food and entertainment, home could be just a few steps away. The applicant has indicated two hundred twenty (220) upscale apartments constructed upon a one -level parking deck to provide comfortable living accommodations with beautiful view and easy access to downtown. The applicant has indicated the residents of the apartments will enjoy the amenities of suburban living with the convenience of the City's financial and business districts, the River Market area, hotels and Alltel Arena. The developers are also requesting the City's support in the development of an east/west corridor that will provide adequate public access from the site and the current downtown and River Market districts across the south side of the Clinton Presidential Park property and around the Heifer Project's Headquarters. The applicant has indicated the new corridor will provide access for visitors to the Clinton Presidential Library and Heifer Project Headquarters and provide vehicles PAI FILE NO.: Z-7919 pulling boats on trailers easy access to the marina and public launch ramp, residents direct access to their apartments, and customers a route to the restaurant and shopping. The applicant has indicated the corridor will enhance the east/west access for current residents and businesses in the area and improve the image and safety of the area with appropriate lighting and streetscapes. The applicant has indicated the road will have two lanes, with a median that could accommodate a light rail system. The applicant has indicated not only will the corridor benefit current developments in the area, but it also would help pave the way for future developments in the area ranging from residential to recreational to a direct transportation link with the airport. The applicant has indicated the Developer is requesting the City of Little Rock to form a Redevelopment District (the "TIF") that will encompass only the property within the Lighthouse Point development, including sites for the apartment project, restaurant, retail market, public launch ramp, and full service marina. The applicant has indicated the corridor would be developed and constructed with financing through the formation of a Municipal Improvement District and contributions from Lighthouse Point Development. B. EXISTING CONDITIONS: The site is vacant with a scattering of trees. 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's. 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. The Planning Commission By-laws typically require the placement of a sign on the site for a minimum of 30 -days prior to the public hearing. Staff is aware the sign was not posted as required by the Commission's By-laws. The site was "pick-up" from staff on September 14, 2005, 15 days prior to the public hearing. D. ENGINEERING COMMENTS: Public Works Conditions: 1. Property is within the floodway of the Arkansas River. Per Section 13-62(1) encroachments are prohibited, including fill, new construction, substantial improvements and other development within the adopted regulatory floodway unless it has been demonstrated through hydrology and hydraulic analysis KI FILE NO.: Z-7919 (Cont. performed in accordance with standard engineering practices that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood event. Obtain conditional approval from Public Works and the Federal Emergency Management agency. 2. Alteration of the watercourse or encroachment within the flowage easements of the Arkansas River will require approval from the Little Rock District of the US Army Corps of Engineers. 3. Alteration or use of the levee will require approval from the Little Rock Levee District especially the parking area and street crossings. 4. Provide existing topographic information at maximum five-foot contour interval. Show the limits of the 100 -year floodway and floodplain. 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 3rd Street on the Master Street Plan as a commercial street. Dedicate right-of-way to 30 feet from centerline. 7. 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. 8. 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 the planned development. 9. Provide abandonment request documents for 2nd Street. 10.A special Grading Permit for Flood Hazard Areas will be required per Section 8-283 prior to construction. 11.Obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 12.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. 13. Provide a Sketch Grading and Drainage Plan per Section 29-186 (e). 14.The maximum finished floor elevation of 1 foot greater that the base flood elevation is required for all insurable structures in the floodplain. The finished floor elevation must be shown on the plat and grading plan. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Existing Sewer Outfall on this property with an existing 50 -foot easement. No construction will be allowed within the 50 -foot easement and any construction over or in close proximity to the easement must be approved by Little Rock Wastewater Utility. This includes any crossing of the easement by construction equipment of any kind. Contact Little Rock Wastewater Utility at 688-1414 for additional information. FILE NO.: Z-7919 (Cant_ 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. 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 fire hydrants per code. Contact the Little Rock Fire Department at 918-3700 for additional information. County Planning: No comment. CATA: The site is not located adjacent to 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 Park / Open Space for this property. The applicant has applied for a rezoning from R-4, C-3, and 1-3 to PCD to allow for construction of a marina, commercial activities, and apartments. A land use plan amendment for a change to Mixed Use for part of the project area is a separate item on this agenda. (LU05-06-02) Master Street Plan: Bond Avenue is shown as a Collector and 3`d Street and 2nd Street are shown as Local Streets on the Master Street Plan. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials and the primary function of a Local Street is to provide access to adjacent properties; while the primary function of a Collector Street is to provide a connection from Local Streets to Arterials. These streets will require dedication of right-of-way and will require street improvements. The applicant has indicated additional street improvements will be made in the area, consistent with the Master Street Plan. Bicycle Plan: A Class I bikeway is shown paralleling the Arkansas River through this site. This class I bikeway is part of the River Trail System that is currently under construction west of the site. A Class I bikeway is built separate from or alongside a road and additional paving and right of way may be required. 5 FILE NO.: Z-7919 (Cont. 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 schematic plan submitted is not detailed enough for a full review of the cities minimal landscaping and buffer requirements. Submittal of all future plans must comply with the City of Little Rock's minimal zoning buffer and landscaping requirements. An automatic irrigation system to water landscaped areas will be required. 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. G. SUBDIVISION COMMITTEE COMMENT: (September 8, 2005) The applicant was present representing the request. Staff presented an overview of the proposed development indicating there were several outstanding issues associated with the proposed request. Mr. Ron Tabor addressed the Committee members indicating the development needed several factors to "come together to make the development happen". He stated there were on-site and off-site improvements necessary to complete the project. He stated the developers were requesting a conceptual approval of the site plan to allow the developers to move forwarded with FEMA and Corp of Engineers approval. Commissioner Rector questioned if the approval was to get City input on the site development and the allowable uses for the site. Mr. Tabor stated once FEMA and Corp of Engineers approval was received there was very little lead way for shifting buildings. Staff stated roadways to the south would also require relocation and right-of-way acquisition. Mr. Tabor stated his firm was working with property owners in the area to acquire the required right-of-way to extend Bond Street to the development as a collector street. He stated at some point in the process the developers would possibly require City assistance to secure the remaining right-of-ways. Landscaping comments were addressed. Staff stated the indicated site plan did not provide enough detail to ensure all buffer requirements were being met. Staff stated the proposed development would be required to meet the minimum zoning buffer and landscaping requirements. Public Works comments were addressed. Staff noted development would require approval from the Corp of Engineers and FEMA prior to construction. Staff also noted all boundary streets would require construction to Master Street Plan standard. N FILE NO.: Z-7919 (Con Staff noted the site was identified in the City's Master Parks Plan with a trail. Staff stated the proposed site plan did not include the placement of the identified trails. Mr. Tabor stated he and the developers had met with the Parks Department on a number of occasions and the intent was to provide the trail connection through the site and keep the connection of the trail as identified on the Master Parks Plan. Staff stated Little Rock Wastewater Utility had raised concerns with regard to construction near the existing wastewater line easement. Mr. Tabor stated he had contacted the wastewater utility and they were agreeable to working with the developers to allow a crossing and the development to occur. 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 drawing to staff addressing most of the issues raised at the September 8, 2005, Subdivision Committee meeting. The applicant has not located the proposed trail on the site plan but has indicted intentions of working with staff to ensure the trail connection along the Arkansas River bank is not broken. The applicant has also indicated they will not construct the trails but will provide the City with easements to allow the City access to the trail network. The applicant has also indicated boundary street construction and right-of-way dedication will be completed per the Master Street Plan. Staff is supportive of the proposed development but staff feels the development lacks adequate detail to approve the site plan without further review. Staff feels there are a number of issues, which remain outstanding related to access, the trail system and the public launching ramp. The applicant has indicated road realignment to the south of the site. Staff feels the proposed uses are appropriate for the area and feels the redevelopment of the site could have a positive impact on the area. As a conceptual plan staff is supportive of allowing the site to develop with the proposed mixture of uses containing residential, commercial and a marina both public and private. Staff would however recommend the applicant provide a final development plan for final review and approval by the Planning Commission and the Board of Directors prior to construction. STAFF RECOMMENDATION: Staff recommends approval of a conceptual PCD to allow the site to develop with the indicated uses subject to compliance with the conditions outlined in paragraphs D, E, F and H of the above agenda staff report. Staff would further recommend once the applicant received all necessary approvals from the Corp of 7 FILE NO.: Z-7919 (Cont. Engineers and FEMA the applicant provide a final site plan for review and approval by the Planning Commission and Board of Directors through a revised PCD. PLANNING COMMISSION ACTION: (SEPTEMBER 29, 2005) The applicant was present representing the request. There were registered objectors present. Staff presented the item with a recommendation of approval. Staff indicated the proposed development would require a waiver of the Commission's By-laws with regard to the late posting of the sign. Staff stated the signs were posted only fifteen days prior to the public hearing not the thirty days as required by the Commission's By-laws. There was a lengthy discussion concerning the posting of the sign and the typical requirements for the posting of the sign announcing the rezoning request. Commissioner Rector questioned those in attendance if they felt there would be additional participants if the sign had been posted the full thirty days. Comments made indicated there would be more in attendance but in support of the proposed development. A motion was made to waive the By-laws with regard to the posting of the sign. The motion carried by a vote of 8 ayes, 1 no, 1 recuse and 1 absent. Mr. Ron Tabor addressed the Commission on the merits of the request. He stated the proposed developers had been meeting with the area residents, the Airport Commission and State and Federal regulatory agencies. Mr. Tabor stated there had been numerous meeting with staff and he was well aware the plan was far from finalized. He stated there were a number of pieces to put together and it would be a costly project. He stated without knowing if the City would support the proposed use of the site the developers were reluctant to move forward. He stated the trail of parks would be maintained through the site as requested by the City but the developers would not construct the park trail. Ms. Ruth Bell addressed the Commission in opposition of the proposed request. She stated the site was a large tract of land being removed from the City's Parks Plan. She stated the League of Women Voters felt it vital to maintain the open space for all the residents of the City. She stated the development had three strikes against them. She stated the uncertainty of the airport, the possibility of approving a TIF District and the loss of four acres of park lands. She stated the area was not a blighted area and did not need a TIF District to support redevelopment. She stated she agreed a marina in the area would be an asset to the area but she questioned the loss of park lands to gain the marina. She stated she did not feel taking four acres from the public for private development was an advantage to the City. She stated she also felt finding the public boat launch ramp would be difficult for the patrons due to the location of the proposed launch ramp. She questioned if the developers would consider leaving two acres along the river bank for public access and enjoyment. Mr. Tabor stated the developers were maintaining the trail of parks and would allow public access to the site. He stated he felt there would be a multiplicity of construction 0 FILE NO.: Z-7919 (Cont. material along the trail. He stated the development itself would be a park like atmosphere. He stated the marina would utilize the waters beauty to for the park atmosphere. Mr. Tabor stated the developers were looking for support from the City for a defined site plan before moving forward. He stated the alignment of the roadway and the parking areas would be better defined prior to the final development plan being submitted. He stated he would work with the area property owners to ensure the redevelopment of the area offered the best protection for the area and their property. Mr. Bob Rossen addressed the Commission in support of the proposed request. He stated he represented area property owners most of which supported the proposed development. Mr. Rahman Ehhmin addressed the Commission in support of the proposed request. He stated he represented 45 property owners in the area all of which supported the proposed development. He stated the area felt the request would enhance the neighborhood and property values. Mr. Nathan Denny addressed the Commission. He stated he felt the Commission should consider the development with regard to the current criminal element in the area. There was a general discussion concerning the proposed development and the appropriateness of the indicted uses. A motion was made to approve the request. The motion carried by a vote of 9 ayes, 0 noes, 1 recuse (Commissioner Gary Langlais) and 1 absent.