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HomeMy WebLinkAboutZ-8117-A Staff AnalysisITEM NO.: 5. Z -8117-A NAME: 15924 Cantrell Road Short -form PD -0 LOCATION: located at 15924 Cantrell Road Plannina Staff Comments: 1. Provide notification of all property owners located within 200 -feet of the site along with the certified abstract list, notice form with affidavit executed and proof of mailing. The notice must be mailed no later than February 1, 2012. The Office of Planning and Development must receive the proof of notice no later than February 10, 2012. 2. Provide details of any proposed signage including ground and building signage. Provide the percentage of fagade area proposed for building signage. Provide the location, total height and total sign area for any proposed ground signage. 3. The site is located within the Highway 10 Design Overlay District. The ordinance states where a developer demonstrates that the 40 -foot front landscape strip constitutes an undue hardship, a landscaped area exclusive of right of way may consist of a minimum of twenty-five (25) feet. A '/2 berm of three (3) feet in height with tree plantings as required by the ordinance is allowable. 4. Will there be a dumpster located on the site. If so provide the location of the proposed dumpster facility and a note indicating screening. Will the hours of dumpster service be limited to daylight hours? 5. All site lighting must be low level and directional, directed downward and into the site. 6. Provide the maximum number of employees. 7. Provide the days and hours of operation. 8. Will the new construction be single story construction? Provide the maximum building height for the new construction. 9. The floodplain zoning district states no building or structure is allowed within the floodway — as defined by the FBFM. 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. Exceptions may be granted when existing topography is at or above the existing one hundred year flood level and when the velocity of flow is less than three (3) feet per second. Variance/Waivers'. None requested. Public Works Conditions: 1. Cantrell Road is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to 55 feet from centerline will be required. Right-of-way should be dedicated to the existing block wall. 2. Repair or replace any curb and gutter or sidewalk that is damaged in the public right- of-way prior to occupancy. 3. Sidewalks with appropriate handicap ramps are required in accordance with Section Item # 5. 31-175 of the Little Rock Code and the Master Street Plan. 4. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. 5. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 6. A special Grading Permit for Flood Hazard Areas will be required per Section 8-283 prior to construction. 7. In accordance with Section 31-176, floodway areas must be shown as floodway easements or be dedicated to the public. In addition, a 25 foot wide access easement is required adjacent to the floodway boundary. 8. Per Chapter 36-341 h(2)d, vehicle parking is not allowed in the floodway. 9. If the estimated cost of the proposed building addition, as estimated by a licensed contractor, is 50% or more of the appraised value of the existing structure, the finished floor elevation of the existing structure must be elevated to at least 1 foot above the base flood elevation. Provide the estimate of the building addition and the appraised value of the existing structure. 10. The finish floor elevation of the building addition must be elevated to 1 foot or more above the base flood elevation. 11.A hard surface backup area must be provided on site for vehicles leaving the site. Utilities and Fire Department/County Planning: Wastewater: Sewer main extension required with easements for this project. Contact Little Rock Wastewater for additional information. Enter : Entergy's overhead service drop will required relocation prior to construction start. Contact 1 -800 -Entergy for new service location. Center -Point Enerq : No comment received. AT & T: No comment received. Central Arkansas Water: No objection. All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water if additional fire protection or metered water service is required. Due to the nature of the facility, installation of an approved reduced pressure zone backflow preventer is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by Central Arkansas Water. The test results must be sent to Central Arkansas Water's Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) are required. If additional fire hydrant(s) are required, they will be installed at the Developer's expense. Contact Central Arkansas Water regarding the size and location of the water meter. A Capital Item # 5. Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including meter connections off the private fire system. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: Approved as submitted. The site is not located on a dedicated CATA Bus Route. Parks and Recreation: No comment received Planning Division: This request is located in the River Mountain Planning District. The Land Use Plan shows Transition (T) for this property. Transition is a land use plan designation that provides for an orderly transition between residential uses and other more intense uses. Transition was established to deal with areas, which contain zoned residential uses and nonconforming nonresidential uses. A Planned Zoning District is required unless the application conforms to the Design Overlay standards. Uses that may be considered are low-density multi -family residential and office uses if the proposals are compatible with quality of life in nearby residential areas. The applicant has applied for a rezoning from R-2 (Single -Family) to PDO (Planned Development Office) to allow for the conversion of the existing structure for general/professional office use. The request is within the Highway 10 Design Overlay District. Master Street Plan: Cantrell Road is shown as a Principal Arterial on the Master Street Plan. A Principal Arterial is to serve thorough traffic and to connect major traffic generators or activity centers within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Cantrell Road. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class I Bike Path is shown along Cantrell Road. A Bike Path is to be a paved path physically separate for the use of bicycles. Additional right-of-way or and easement is recommended. Nine -foot paths are recommended to allow for pedestrian use as well (replacing the sidewalk). Landscape: 1. Site plan must comply with the City's minimal landscape and buffer ordinance requirements. 2. The Highway 10 Overlay District requires a forty foot (40') wide landscape strip along Highway 10; currently parking is shown within this area; remove the parking from this area or a variance must be obtained for it to remain in this area. 3. The proposed land use buffer along the western perimeter abutting residential property is less than the 25 -feet average width required by the Highway 10 Overlay District Ordinance. Item # 5. 4. The proposed land use buffer along the eastern perimeter abutting Tulley Cove is less than the 15 -feet average width required by the Highway 10 Overlay District Ordinance. 5. The zoning buffer ordinance requires an average street buffer of twelve foot (12') along Cantrell Road. The site plan appears to be deficient in meeting this minimal requirement. 6. The zoning buffer ordinance requires an average street buffer of nine foot (9') along Tulley Cove Road. The site plan appears to be deficient in meeting this minimal requirement. 7. The landscape ordinance requires a nine foot (9') wide landscape perimeter around the sites entirety. A variance from this minimal amount must be obtained from the City Beautiful Commission prior to the issuance of a building permit. 8. A screening fence is typically required between your property and the neighboring property; however, some of this area is located within a floodway area and thus fences are not allowed. Get with the Public Works Department regarding an alternative to fencing the required area(s). 9. An automatic irrigation system to water landscaped areas will be required. 10. 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. 11.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, February 1, 2012. Item # 5. FILE NO.: Z -8117-A NAME: 15924 Cantrell Road Short -form PD -O LOCATION: Located at 15924 Cantrell Road DEVELOPER - David Trent 15800 Cantrell Road Little Rock, AR 72223 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 0.35 acres CURRENT ZONING: ALLOWED USES PROPOSED ZONING: PROPOSED USE: NUMBER OF LOTS: 1 R-2, Single-family Single-family PD -O General and Professional Office VARIAN CESNVAIVERS REQUESTED: None requested. BACKGROUND: FT. NEW STREET: 0 LF A request to rezone the site from R-2, Single-family to Planned Development Office (PD -0) was withdrawn by the Little Rock Planning Commission at their January 18, 2007, public hearing. The request included the rezoning of the property to allow an appraisal company to locate on the site. The company had three employees and did not anticipate any growth in the company in the near future. The survey showed the property to be located within the floodway. Since the structure was in the floodway, according to City ordinance, the structure could only be improved up to 50% of the market value of the structure. A certified appraisal of the structure and estimate of the cost of the improvements prepared by a licensed contractor, professional engineer, or architect were required to determine value. The applicant did FILE NO.: Z -8117-A (Cont. not provided staff with the requested appraisal report. Staff had previously supported two applications in this area to allow the conversion of single-family structures into office uses but these structures were not located within the floodway. Due to the fact this site was located within the floodway, staff could not support the request for rezoning. Staff did not feel the City should rezone the site and add value to the structure by providing the site with a zoning classification of a value which was higher than single-family and in turn potentially have to purchase the property in the future. The applicant did not follow through with the request and the item was later withdrawn. 0 PROPOSAL/REQUESTIAPPLICANT'S STATEMENT.- The TATEMENT: The developer is now proposing to use the existing structure for a quiet office. A portion of the structure is located in the floodway. The applicant states the portion of the structure located in the floodway will be removed (430 square feet). The applicant proposes to add 730 square feet to the west side of the structure which is located outside the floodway. The front yard area will be reworked to allow two (2) parking spaces and a drive will be extended to the rear of the structure to place four (4) parking spaces for employees. Two (2) visitor spaces will be added on the east side of the drive as it extends to the rear yard. Hours of operation will be from 8 am to 6 pm Monday through Saturday. Upon completion of the demolition and addition to the structure a total office area of 1,530 square feet is proposed. The request includes an in -lieu contribution to meet the stormwater detention ordinance requirements. The proposed development is increasing the run-off by a small amount and the property sits adjacent to Taylor Loop Creek. B. EXISTING CONDITIONS: The site contains a single-family structure with a single drive from Cantrell Road. The property to the west is zoned PD -O and is used as an insurance agency. North of the site is a creek with a single-family subdivision located further to the north accessed from Tulley Cove, the eastern boundary of the property. Across Cantrell Road is Bella Rosa Commerce Center an office development wrapping mini -warehouse units. Southeast of the site is a POD zoned area containing number of office uses including a bank and mortgage company. A large portion of the site including the structure is located within the regulated floodway. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational requests from the Tulley Cove Neighborhood Association and area property owners. All property owners located within 200 -feet of the site along with the Westchester, Tulley Cove and Pinnacle Valley Neighborhood Associations were notified of the public hearing. 2 FILE NO_: Z -8117-A (Cont. D_ ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Cantrell Road is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to 55 feet from centerline will be required. Right-of-way should be dedicated to the existing block wall. 2. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 3. Sidewalks with appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. 4. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. 5. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 6. A special Grading Permit for Flood Hazard Areas will be required per Section 8-283 prior to construction. 7. In accordance with Section 31-176, floodway areas must be shown as floodway easements or be dedicated to the public. In addition, a 25 foot wide access easement is required adjacent to the floodway boundary. 8. Per Chapter 36-341 h(2)d, vehicle parking is not allowed in the floodway. 9. If the estimated cost of the proposed building addition, as estimated by a licensed contractor, is 50% or more of the appraised value of the existing structure, the finished floor elevation of the existing structure must be elevated to at least 1 foot above the base flood elevation. Provide the estimate of the building addition and the appraised value of the existing structure. 10. The finish floor elevation of the building addition must be elevated to 1 foot or more above the base flood elevation. 11. A hard surface backup area must be provided on site for vehicles leaving the site. E. UTILITIES AND FIRE DEPARTMENTICOUNTY PLANNING: Wastewater: Sewer main extension required with easements for this project. Contact Little Rock Wastewater for additional information. 3 FILE NO.: Z -8117-A (Cont. Entergy: Entergy's overhead service drop will required relocation prior to construction start. Contact 1 -800 -Entergy for new service location. Center -Point Enerav: No comment received. AT & T: No comment received. Central Arkansas Water: No objection. All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water if additional fire protection or metered water service is required. Due to the nature of the facility, installation of an approved reduced pressure zone backflow preventer is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by Central Arkansas Water. The test results must be sent to Central Arkansas Water's Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) are required. If additional fire hydrant(s) are required, they will be installed at the Developer's expense. Contact Central Arkansas Water regarding the size and location of the water meter. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including meter connections off the private fire system. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: Approved as submitted. The site is not located on a dedicated CATA Bus Route. rks and Recreation: No comment received_ F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the River Mountain Planning District. The Land Use Plan shows Transition (T) for this property. Transition is a land use plan designation that provides for an orderly transition between residential uses and other more intense uses. Transition was established to deal with areas, which contain zoned residential uses and nonconforming nonresidential uses. A Planned Zoning District is required unless the application conforms to the Design Overlay standards. Uses that may be considered are low-density multi -family residential and office uses if the proposals are ER FILE NO.: Z -8117-A (Cont. compatible with quality of life in nearby residential areas. The applicant has applied for a rezoning from R-2 (Single -Family) to PDO (Planned Development Office) to allow for the conversion of the existing structure for general/professional office use. The request is within the Highway 10 Design Overlay District. Master Street Plan: Cantrell Road is shown as a Principal Arterial on the Master Street Plan. A Principal Arterial is to serve thorough traffic and to connect major traffic generators or activity centers within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Cantrell Road. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class I Bike Path is shown along Cantrell Road. A Bike Path is to be a paved path physically separate for the use of bicycles. Additional right-of- way or and easement is recommended. Nine -foot paths are recommended to allow for pedestrian use as well (replacing the sidewalk). Landscape: 1. The Highway 10 Overlay District requires a forty foot (40') wide landscape strip along Highway 10. 2. The proposed land use buffer along the western perimeter abutting residential property is less than the 25 -feet average width typically required by the Highway 10 Overlay District Ordinance. 3. The proposed land use buffer along the eastern perimeter abutting Tulley Cove is less than the 15 -feet average width typically required by the Highway 10 Overlay District Ordinance. 4. The zoning buffer ordinance typically requires an average street buffer of twelve feet (12') along Cantrell Road. 5. The zoning buffer ordinance typically requires an average street buffer of nine foot (9') along Tulley Cove Road. 6. The landscape ordinance requires a nine foot (9') wide landscape perimeter around the sites entirety. A variance from this minimal amount must be obtained from the City Beautiful Commission prior to the issuance of a building permit. 7. A screening fence is typically required between this property and the neighboring property; however, some of this area is located within a floodway area and thus fences are not allowed. Get with the Public Works Department regarding an alternative to fencing the required area(s). 8. An automatic irrigation system to water landscaped areas will be required. 5 FILE NO.: Z -8117-A (Cont. IV :I 9. 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. 10. 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. SUBDIVISION COMMITTEE COMMENT: (January 25, 2012) Mr. Joe White and Mr. David Trent were present representing the request. Staff presented an overview of the development stating there were a number of technical issues associated with the request in need of addressing prior to the full Commission acting on the request. Staff stated the property was located within the Highway 10 Design Overlay District. Staff stated a portion of the property and a portion of the structure were located within the floodway. Staff questioned the days and hours of operation, the hours of dumpster service and the number of employees. Staff stated all site lighting was to be low level and directional, directed downward and into the site. Public Works comments were addressed. Staff stated the zoning ordinance did not allow for any portion of the building or parking within the floodway. Staff stated the finished floor elevation for any new construction was to be placed at least one foot above the minimum flood elevation. Landscaping comments were addressed. Staff stated the Highway 10 DOD required the placement of a 40 -foot front yard landscape strip, a 25 -foot side yard landscape strip on the western perimeter and a 15 -foot landscape strip along Tulley Cove. Staff stated the Landscape Ordinance required the placement of a nine (9) foot landscape strip around the entirety of the sites perimeter. Staff stated the site plan as presented did not comply with the typical minimum standards of the Highway 10 DOD or the Landscape Ordinance. Staff stated a screening fence was typically required between this property and the neighboring property to the north. Staff stated fences were prohibited within the floodway area and suggested Mr. White contact Public Works staff to determine an appropriate alternative to fencing. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. ANALYSIS: The applicant submitted a revised site plan to staff addressing a number of the comments raised at the January 25, 2012, Subdivision Committee meeting. The applicant has provided the number of employees and the days and hours of operation. No dumpster is proposed for the site. The revised plan indicates removal of the portion of the structure located within the floodway. The site plan C. NO.: Z -8117-A (Cont.) does include a driveway and parking in the rear yard which is located within the floodway. The request is to allow the existing structure as a general or professional office use. The hours of operation are proposed from 8 am to 6 pm Monday through Saturday. There four (4) to six (6) employees which will be using the site but not all will access the site on a daily basis. The applicant states a number of his employees work from home and need an area for meeting space with clients when the need arises. A portion of the structure is located within the floodway. This portion of the structure will be removed (430 square feet). The applicant proposes to add 730 square feet to the west side of the structure. Upon completion of the demolition and the addition the structure will contain a total area of 1,530 square feet. The new construction will be located 25.1 feet from the right of way on Cantrell Road and 9.2 feet from the western property line. The front yard area will be reworked to allow two (2) parking spaces. The site plan indicates a landscape strip of 6.75 -feet within the front yard area. The existing carport will be removed and a drive will be extended to the rear of the structure with two (2) visitor spaces placed along side adjacent to Tulley Cove. The landscape strip in this area varies from 10.6 -feet at Cantrell Road to 6.75 -feet along the limits of the existing structure and increased to 9 -feet adjacent to the rear parking area. The site plan also places four (4) parking spaces and a back up turnaround in the rear yard, within the floodway. The landscape strip on the western perimeter of the rear parking area is 9 -feet. The northern perimeter is adjacent to the creek and appears to be 60 -feet. Section 36-348 states property, due to topography, size, irregular shapes or other constraints, such as adjacent structures or features which significantly affect visibility and thus cannot be developed without violating the standards shall be reviewed through the planned development section of the zoning ordinance, with the intent to devise a workable development plan which is consistent with the purpose and intent of the overlay standard. Section 36-341(h)(2)(d) states 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. Exceptions may be granted when existing topography is at or above the existing one -hundred year flood level and when the velocity of flow is less than three (3) feet per second. Public Works is supportive of a variance to allow parking within the floodway since the use is an office use and no cars will remain on-site overnight. The property is located within the Highway 10 Design Overlay District. Section 36-343 defines the purpose and intent of the ordinance and subsequent sections outline the criteria for development and redevelopment of properties within the Overlay boundaries. The ordinance states there is to be a minimum lot size of two (2) acres, a front building setback of 100 -feet, a rear building setback of 7 FILE NO.: Z -8117-A 40 -feet and a side yard setback of 30 -feet. Landscaping is to include a 40 -foot front yard landscape strip. The ordinance states when the developer can demonstrate that this is a hardship, a landscape strip area exclusive of right of way may consist of a minimum of twenty-five (25) feet. The rear and side yard landscape strips are to average a minimum of twenty-five (25) feet from the property line. Where such yards abut a street right of way a fifteen (15) foot landscaped strip shall be required adjacent to land zoned, office or residential. A seven (7) foot landscaped strip shall be required when adjacent to lands zoned commercial. Section 36-346(f) identifies signage allowed within the Overlay district. The development would be allowed a ground mounted monument sign located within the front yard landscaped area not to exceed six (6) feet in height and seventy-two (72) square feet in area. Building signage is to comply with wall signage allowed in office zones or a maximum of ten (10) percent of the front facade of the structure. The applicant has indicated the signage for the development will comply with the standards established by the Overlay district. The request includes an in -lieu contribution to meet the stormwater detention ordinance requirements. The applicant states the proposed development is increasing the run-off by a small amount and the property sits adjacent to Taylor Loop Creek. The applicant has indicated an in -lieu contribution of $1.00 per cubic foot would be provided to the City to be used to mitigate any down stream flooding or drainage problems. Section 29-103 defines alternatives to on-site detention and allows for in -lieu contributions for the required detention. Subsection 3 states the in -lieu fee contribution shall be based upon an amount of ten thousand dollars ($10,000.00) per acre-foot of stormwater storage. Staff is supportive of the request. Although there are specific development criteria for the Highway 10 Corridor the typical development standards are based on sites which have a land area much larger than this site. This site contains 0.35 acres and is an existing developed site. The applicant is proposing the renovation of the existing structure and the removal of the portion of the structure which is located within the floodway. There are two (2) new parking spaces located within the front yard which will be limited to visitor parking. The site plan indicates a dense evergreen screen will be placed along the Tulley Road frontage. Berming as required by the Highway 10 DOD will be provided along Cantrell Road and the landscaping within this area will be enhanced. Staff recommends the enhanced landscaping include a minimum of six (6) trees (four (4) trees are required) to be installed within the front yard area and shrubs planted with a minimum height of 36 -inches at the time of planting and installed at one and one-half times the minimum required by the landscape ordinance. Otherwise to staff's knowledge there are no remaining outstanding technical issues associated with the request. Staff feels the redevelopment of the site as proposed is appropriate. E FILE NO.: Z -8117-A Cont. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as noted in paragraphs D, E and F of the agenda staff report. Staff recommends approval of the landscape strips as proposed on the site plan. Staff recommends enhanced landscaping along Cantrell Road include a minimum of six (6) trees be installed within the front yard area and shrubs planted with a minimum height of 36 -inches at the time of planting and installed at one and one-half times the minimum required by the landscape ordinance. Staff recommends approval of the applicant's request for an in -lieu contribution of $1.00 per cubic foot be provided to used to mitigate any down stream flooding or drainage problems. Staff recommends approval of the variance request to allow the placement of the drive accessing the rear parking area and the placement of parking in the rear yard area which is located within the floodway. PLANNING COMMISSION ACTION: (FEBRUARY 16, 2012) Mr. Joe White of White-Daters and Associates was present representing the request. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated February 1, 2012, requesting a deferral of the item to the March 29, 2012, public hearing. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The chair entertained a motion of approval of the item as presented by staff. The motion carried by a vote of 11 ayes, 0 noes and 0 absent. STAFF UPDATE: The applicant submitted a request dated March 14, 2012, requesting a deferral of this item to the May 10, 2012, public hearing. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (MARCH 29, 2012) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated March 14, 2012, requesting a deferral of the item to the May 10, 2012, public hearing. Staff stated they were supportive of the deferral request. E FILE NO.: Z -8117-A (Cont. There was no further discussion of the item. The Chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. STAFF UPDATE: This application was originally filed for the February 16, 2012, public hearing and was subsequently deferred to the March 29, 2012, public hearing. At the March 29, 2012, public hearing the item was deferred to the May 10, 2012, public hearing. The applicant submitted a request dated April 27, 2012, requesting a deferral of this item to the June 21, 2012, public hearing. Item E General Policies Item #9 of the Little Rock Planning Commission By-laws with regard to deferrals state: 9. All deferral shall be governed by the following: a. No application which as been docketed for public hearing and advertised for such hearing shall be deferred except for cause and with a written request five working days prior to the public hearing from the applicant. b. No single request for deferral shall be granted for more than ninety consecutive days, except by unanimous vote of all members present. c. In no case shall more than two requests for deferral from an applicant be granted. d. A third deferral of any public hearing item shall require renotification of property owners as set forth in Article IV. Such a request by the applicant shall be his cost to renotify. A third deferral by the Commission or as required by staff shall cause the City to bear the cost. e. In the public hearing, the Planning Commission may by its motion or at the request of the applicant for cause defer an application. The length of the deferral shall be specified by the Commission in the motions. The applicant has stated the third deferral is necessary to continue to work with the area neighbors and City staff. Staff has met the applicant on site on two different occasions and discussed possible alternatives for redevelopment of the site. The applicant has also kept the Tulley Cove Property Owners Association up to date on the proposal and possible alternatives for the site development. Staff is supportive of the deferral request subject to the applicant renotifying as set forth in Article IV, via certified mail. 10 FILE NO.: Z -8117-A (Cont. PLANNING COMMISSION ACTION: (MAY 10, 2012) The applicant was present representing the request. There were no registered objectors present. Staff presented the item stating the application was originally filed for the February 16, 2012, public hearing and was subsequently deferred to the March 29, 2012, public hearing. Staff stated at the March 29, 2012, public hearing the item was deferred to the May 10, 2012, public hearing. Staff stated the applicant had submitted a request dated April 27, 2012, requesting a deferral of the item to the June 21, 2012, public hearing. Staff stated a third deferral of the item would require the Planning Commission waive their By-laws to allow the deferral. Staff stated the applicant would be required to renotify property owners within 200 -feet via certified mail of the new date and time of the public hearing. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The Chair entertained a motion for approval of the By-law waiver with regard to the number of deferral requests. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. The Chair entertained a motion for approval of the item as presented by staff on the Consent Agenda. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. PLANNING COMMISSION ACTION- (JUNE 21, 2012) Mr. Joe White of White-Daters and Associates was present representing the request. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as noted in paragraphs D, E and F of the agenda staff report. Staff presented a recommendation of approval of the landscape strips as proposed on the site plan. Staff presented a recommendation the development provide enhanced landscaping along Cantrell Road to include a minimum of six (6) trees to be installed within the front yard area and shrubs planted with a minimum height of 36 -inches at the time of planting and installed at one and one-half times the minimum required by the landscape ordinance. Staff presented a recommendation of approval of the applicant's request for an in -lieu contribution for stormwater detention based on $1.00 per cubic foot which would be used by the City to mitigate any down stream flooding or drainage problems. Staff presented a recommendation of approval of the variance request to allow the placement of the drive accessing the rear parking area and the placement of parking in the rear yard area which is located within the floodway. There was no further discussion of the item. The item was placed on the consent agenda and approved as recommended by staff by a vote of 11 ayes, 0 noes and 0 absent. 11