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HomeMy WebLinkAboutZ-8152-A Staff AnalysisFILE NO.: Z-8152-A NAME: Storthz Short -form POD LOCATION; Located at 424 North University Avenue DEVELOPER: LIPS Properties, LLC Sam Storthz III, Managing Partner 810 North University Avenue Little Rock, AR 72205 FNC_�INFFR- Edward Smith — White Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 0.96 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: 0-3, General Office District ALLOWED USES: General and Professional Office Uses PROPOSED ZONING: PCD PROPOSED USE: 0-3 uses and selected C-3 uses VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: On March 1, 2007, the Little Rock Planning Commission withdrew a request to rezone the site from 0-3, General Office District to PCD at the request of the applicant. The applicant's proposal was the same proposal as currently being considered by the Commission. The building located at 424 N. University was originally constructed in 1970 as a masonry construction and contains approximately 11,968 square feet of rental area. The property is currently zoned 0-3, General Office District which allows for general office type uses as allowable uses on the site. In addition, the site is allowed a maximum of ten percent of the gross floor area as a listed accessory use as indicated in the 0-3, General Office District zoning classification. The FILE NO.: Z-8152-A (Cont.) applicant is proposing a rezoning of the site to PCD to expand the allowable uses for the site. The site is proposed as a mixed use development and is proposed to contain the following uses either as a single user or a mixture of uses: A. Keeping the existing permitted uses under the "0-Y General Office District Zoning. B. Keeping the following existing permitted uses under the "0-Y General Office District Accessory Uses Zoning except delete the "shall not exceed ten (10) percent of the total floor area on the site" provision. - Antique shop, Barber and beauty shop, Book and stationary shop, Camera shop, Candy store, Clothing store, (including clothing accessories), Custom sewing or millinery, Drugstore or pharmacy, Eating place, (Pick-up Only), Florist shop, Health studio or spa, Hobby shop, Jewelry store, Key shop, Laundry pickup station, Tailor shop. C. Add the following permitted uses in the "C-3" General Commercial District: Appliance sales and repairs, Audio sales and service, Auto parts and accessories, Bakery or confectionery shop, Beauty supply store, Bicycle shop, Beverage shop, (coffee, tea, fruit or health drinks), Card shop, Carpet and flooring store, Catering, commercial, Clock or watch repair, Cosmetic store, Computer sales and repair, Dollar and variety store, Fabric store, Food store, Frame shop, Furniture store and/or rentals and/or repairs, Garden and supply shop (indoor only), Gift shop, Handicraft, ceramic, sculpture or similar artwork store, studio or gallery, Hardware store, Houseware and kitchen store, Interior decorating shop, Job printing, Lithographer, printing or blue printing, Kitchen remodeling store, Linen shop, Luggage store, Medical appliance fittings and sales, Mail services store, Massage therapist, Music store, Office equipment sales and service, Office supply store, Optical shop, Paint and wallpaper store, School supplies, Second hand shop (resale of used goods such as used furniture, clothes, books, etc, ), Shoe repair, Sporting goods store, Swimming pool sales and supplies, Telephone and accessory sales and repair, Television sales and repairs, Toy store, Upholstery shop, Video, DVD, CD's sales and rentals, Vitamins and health food store. B. EXISTING CONDITIONS: The site contains an office building and associated parking currently being used as a medical office. To the north of the site is a private school and to the south of the site is a residential tower and an office tower is located to the southwest. There is a nursing home located immediately west of the site and east of the site are office uses. Other uses in the area include two shopping centers, Park Plaza and Mid -Towne. 2 FILE NO.: Z-8152-A Cont.) C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received an informational phone call from an area resident. The Hillcrest Residents Neighborhood Association, 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. In recognition of the fact that this is a developed site and the applicant proposes only use changes and no changes to the existing building footprint, drives, parking, staff is recommending a reduced right of way dedication on Father Tribou Street (formerly Lee Street) of 25 feet from the centerline (instead of the Master Street Plan requirement of 30 feet) and 45 feet from the centerline of University Avenue (rather than 55 feet). The approximate 5-foot dedication on Father Tribou and University Avenue are required due to the increased intensity of uses for the site with the change from office to commercial uses and the allowance of a large percentage of the building square footage as selected C-3, General Commercial District uses by right. With greater intensity of the use mix, additional traffic is expected which right turn lanes can correct when added to the existing streets, but until such lanes are built, the City will provide the applicant with a franchise to allow the existing parking to be located in the portion of the right of way to be dedicated. Any future development on the site will require full right of way dedication and meeting the boundary street ordinance requirements. For City -funded projects, the City bears the cost of relocating improvements such as driveways, curbing and landscaping which is disturbed in the street widening process. 2. Obtain a franchise agreement from Public Works (Bennie Nicolo, 371-4818) for the private improvements located in the right-of-way. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this property. Entergy: No comment received. Center -Point Energy: Approved as submitted. AT & T: No comment received. Central Arkansas Water: No objection. Fire Department: Approved as submitted. 3 FILE NO.: Z-8152-A (Cont.) County Planning: No comment. CATA: The site is located on CATA Bus Route #21, the University Avenue Route. Parks and Recreation: No comment. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the West Little Rock Planning District. The Land Use Plan shows Mixed Use for this property. The applicant has requested to rezone the site from 0-3, General Office District to Planned Office Development to add additional uses to the site including selected commercial uses. The request does not require a change to the Land Use Plan. Master Street Plan: University Avenue is shown as a Principal Arterial. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on University since it is a Principal Arterial. Father Tribou Drive is shown as a Local Street. 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. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes shown in the immediate vicinity. Neighborhood Action Plan: This area is covered by the Midtown Neighborhood Action Plan. The Commercial Development goal states: "To increase the long-term viability of our retail, office, and medical centers, and prevent destabilization of surrounding neighborhoods." Landscape: 1. The site plan must comply with the City's landscape and buffer ordinance requirements. 2. This site plan appears to be a use issue only. However, should the building undergo rehabilitation then the parking lot will be required to be brought into compliancy with both the zoning ordinance and the landscape ordinance at such time. 3. A landscape plan will be required in conjunction with redevelopment of this site. El FILE NO.: Z-8152-A (Cont. G. SUBDIVISION COMMITTEE COMMENT: (January 24, 2008) The applicant was present representing the request. Staff presented an overview of the development stating the request was to rezone the site from 0-3, General Office District to PCD and add additional uses as allowable uses to the site. Public Works comments were addressed. Staff stated a reduced right of way dedication was being requested. Staff noted due to the potential increase in intensity of the use of the site additional right of way and turn lanes could be required. Staff stated a franchise would be provided to the owners to allow parking within the public right of way. Landscaping comments were addressed. Staff stated if the building was rehabilitated then the parking lot would be required to be brought into compliance with the current typical ordinance standards. Staff noted comments provided by the various other departments and agencies stating if there were specific concerns the applicant should contact the agency directly. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: There were no outstanding technical issues remaining from the January 24, 2008, Subdivision Committee meeting. The applicant is seeking a rezoning of the site to allow additional uses to be added as allowable uses for the site. The primary issue between staff and the applicant involves the right of way dedication. The applicant has indicated a right of way dedication to the edge of the parking stalls is acceptable with them. Staff is supportive of the allowance of reduced right of way dedication including a 25-foot right of way dedication along Father Tribou Drive and a 45-foot right of way dedication along South University Avenue. Staff feels the right of way should be dedicated as a part of the approval. The rezoning request will potentially increase the activity on the site, creating a commercial development, thus potentially necessitating additional street improvements in the area. A portion of the existing parking will be impacted by the right of way dedication which staff is agreeable to the allowance of a franchise agreement to allow the existing parking to remain until such time as the additional improvements are installed. The site is located within the Midtown Overlay District. The purpose of the Midtown Overlay District is to create a quality vital atmosphere for businesses, commercial or office and residents. Buildings, parking, signage, landscaping and street furnishings should all be designed to complement and encourage pedestrian use both day and evening. As stated in the purpose and intent section of the Midtown Overlay District proper planning is necessary to ensure visual clutter is avoided. Guideline and strategies must be in place to protect the 5 FILE NO.: Z-8152-A Cont. district from the negative impact of poorly planned or incompatible development has the potential to destroy the attributes that will attract people to the district. The district regulations shall apply to new development, and redevelopment exceeding fifty percent of the structure's current replacement value and expansion of existing development. The design guidelines shall be implemented when a permit is requested for exterior improvements on buildings or in the public right of way. Routine repairs, maintenance and interior alterations shall not require compliance with the overlay regulations. It does not appear the overlay requirements will be evoked with the development as proposed. The applicant is proposing the redevelopment of the site as a mixed -use development with no limits placed on the uses proposed. There are no exterior modifications proposed to the existing building or parking. All renovations will be interior renovations only. The building contains 11,968 square feet along with 72 parking spaces. Based on typically minimum parking requirements for a commercial development, 39 parking spaces would be required. Based on typical parking ratios for a mixed use development (1 space per 225 square feet) 53 parking spaces would typically be required. Neither the site plan nor cover letter indicates any signage either existing or proposed. Signage typically allowed in office zones is a maximum of six feet in height and sixty-four square feet in area. With regard to signage, the Midtown Overlay District states no pole -mounted signs and no wood, painted signs or pan -faced -style signs are permitted. Staff would recommend if additional signage is approved, the signage conform to signage as allowed per the Midtown Overlay District. The site is indicated as MX on the City's Future Land Use Plan. The MX — Mixed Use Category allows for a mixture of residential, office and commercial uses to occur. A Planned Zoning District is required if the use is entirely office or commercial or if the use is a mixture of the three. The applicant has not placed limits on the proposed use mix of the site; only indicated the site will be redeveloped as a mixed use development. Staff recommends a percentage be placed on the proposed uses limiting the site to 60 percent commercial uses and 40 percent office uses. Staff is generally supportive of the proposed development. There is an outstanding issue related to the right of way dedication for the abutting streets. Staff cannot support the application as filed with limiting the right of way dedication to the edge of the parking stalls along the abutting streets. STAFF RECOMMENDATIONS: Staff recommends denial of the request. XI FILE NO.: Z-8152-A (Cont. PLANNING COMMISSION ACTION: (FEBRUARY 14, 2008) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had requested a deferral of the item to the February 28, 2008, public hearing. Staff stated the deferral request would require a waiver of the Commission's By-laws with regard to the late deferral request since the request was made on February 13, 2008. Staff stated they were supportive of the deferral request. There was no further discussion of the item. A motion was made to approve the item as presented by staff on the consent agenda. The motion carried by a vote of 8 ayes, 0 noes and 3 absent. PLANNING COMMISSION ACTION: (FEBRUARY 28, 2008) The applicant was present. There were no registered objectors present. Staff stated the original application was submitted with a survey, which was outdated and did not show the existing right of way located along the abutting roadways. Staff stated the applicant had since provided them with a current survey, which indicated right of way along Father Tribou and North University Avenue somewhat different than originally thought. Staff stated they originally thought the existing right of way along Father Tribou was 20-feet and recommended a reduced right of way standard requesting an additional 5-feet along Father Tribou Street. Staff stated along North University Avenue staff requested a reduced standard and a right of dedication of 45-feet. Staff state they continued to recommend the reduced right of way standard along North University Avenue or a dedication to 45-feet from centerline as opposed the typically required 55-feet from centerline. Staff stated the 45-foot right of way along North University Avenue was currently in place. Staff stated the reduced standard would require adoption of an ordinance by the Board of Directors to allow a variance from the Master Street Plan. Staff stated the reduced right of way standard was only being supported for the current PCD rezoning request to add additional uses to the site. Staff recommends at the time the site is redeveloped the full 55-feet of right of way be dedicated. Staff stated with regard to Father Tribou Street they recommended the applicant dedicate an existing 10-foot gap in the right of way as presently existed bring the total right of way for Father Tribou to the Master Street Plan standard or 30-feet from centerline. Staff stated there was presently parking and landscaping within the right of way for North University Avenue and Father Tribou Street. Staff stated they supported the issuance of franchise permit for the parking, landscaping, and other improvements located in the right-of-way. Staff stated the applicant must contact Public Works for the permit application. Staff stated the original recommendation was the development be limited to a 60 percent commercial and 40 percent office use mix but now felt the developers 7 FILE NO.: Z-8152-A (Cont. proposal was acceptable. Staff stated they were supportive of allowing the development to contain a mixed -use development with 75 percent commercial uses and 25 percent office uses. Staff stated otherwise to their knowledge there are no remaining outstanding technical issues associated with the request. Staff presented a recommendation of approval of the request including the above comments and the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. 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 9 ayes, 0 noes and 2 absent. 0 February 28, 2008 ITEM NO.: J FILE NO.: Z-8152-A NAME: Storthz Short -form POD LOCATION: Located at 424 North University Avenue DEVELOPER: LPS Properties, LLC Sam Storthz III, Managing Partner 810 North University Avenue Little Rock, AR 72205 ENGINEER: Edward Smith — White Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 0.96 acres CURRENT ZONING: ALLOWED USES: NUMBER OF LOTS: 1 0-3, General Office District FT. NEW STREET: 0 LF General and Professional Office Uses PROPOSED ZONING: PCD PROPOSED USE: 0-3 uses and selected C-3 uses VARIANCESMAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: On March 1, 2007, the Little Rock Planning Commission withdrew a request to rezone the site from 0-3, General Office District to PCD at the request of the applicant. The applicant's proposal was the same proposal as currently being considered by the Commission. The building located at 424 N. University was originally constructed in 1970 as a masonry construction and contains approximately 11,968 square feet of rental area. The property is currently zoned 0-3, General Office District which allows for general office type uses as allowable uses on the site. In addition, the site is allowed a maximum of ten percent of the gross floor area as a listed accessory February 28, 2008 ITEM NO.: J Cont. FILE NO.: Z-8152-A use as indicated in the 0-3, General Office District zoning classification. The applicant is proposing a rezoning of the site to PCD to expand the allowable uses for the site. The site is proposed as a mixed use development and is proposed to contain the following uses either as a single user or a mixture of uses: A. Keeping the existing permitted uses under the "04' General Office District Zoning. B. Keeping the following existing permitted uses under the "04' General Office District Accessory Uses Zoning except delete the "shall not exceed ten (10) percent of the total floor area on the site" provision. - Antique shop, Barber and beauty shop, Book and stationary shop, Camera shop, Candy store, Clothing store, (including clothing accessories), Custom sewing or millinery, Drugstore or pharmacy, Eating place, (Pick-up Only), Florist shop, Health studio or spa, Hobby shop, Jewelry store, Key shop, Laundry pickup station, Tailor shop. C. Add the following permitted uses in the "C-3" General Commercial District: Appliance sales and repairs, Audio sales and service, Auto parts and accessories, Bakery or confectionery shop, Beauty supply store, Bicycle shop, Beverage shop, (coffee, tea, fruit or health drinks), Card shop, Carpet and flooring store, Catering, commercial, Clock or watch repair, Cosmetic store, Computer sales and repair, Dollar and variety store, Fabric store, Food store, Frame shop, Furniture store and/or rentals and/or repairs, Garden and supply shop (indoor only), Gift shop, Handicraft, ceramic, sculpture or similar artwork store, studio or gallery, Hardware store, Houseware and kitchen store, Interior decorating shop, Job printing, Lithographer, printing or blue printing, Kitchen remodeling store, Linen shop, Luggage store, Medical appliance fittings and sales, Mail services store, Massage therapist, Music store, Office equipment sales and service, Office supply store, Optical shop, Paint and wallpaper store, School supplies, Second hand shop (resale of used goods such as used furniture, clothes, books, etc, ), Shoe repair, Sporting goods store, Swimming pool sales and supplies, Telephone and accessory sales and repair, Television sales and repairs, Toy store, Upholstery shop, Video, DVD, CD's sales and rentals, Vitamins and health food store. B. EXISTING CONDITIONS: The site contains an office building and associated parking currently being used as a medical office. To the north of the site is a private school and to the south of the site is a residential tower and an office tower is located to the southwest. There is a nursing home located immediately west of the site and east of the site are office uses. Other uses in the area include two shopping centers, Park Plaza and Mid -Towne. 2 February 28, 2008 ITEM NO.: J (Cont. C. NEIGHBORHOOD COMMENTS: FILE NO.: Z-8152-A As of this writing, staff has received an informational phone call from an area resident. The Hillcrest Residents Neighborhood Association, 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: In recognition of the fact that this is a developed site and the applicant proposes only use changes and no changes to the existing building footprint, drives, parking, staff is recommending a reduced right of way dedication on Father Tribou Street (formerly Lee Street) of 25 feet from the centerline (instead of the Master Street Plan requirement of 30 feet) and 45 feet from the centerline of University Avenue (rather than 55 feet). The approximate 5-foot dedication on Father Tribou and University Avenue are required due to the increased intensity of uses for the site with the change from office to commercial uses and the allowance of a large percentage of the building square footage as selected C-3, General Commercial District uses by right. With greater intensity of the use mix, additional traffic is expected which right turn lanes can correct when added to the existing streets, but until such lanes are built, the City will provide the applicant with a franchise to allow the existing parking to be located in the portion of the right of way to be dedicated. Any future development on the site will require full right of way dedication and meeting the boundary street ordinance requirements. For City -funded projects, the City bears the cost of relocating improvements such as driveways, curbing and landscaping which is disturbed in the street widening process. 2. Obtain a franchise agreement from Public Works (Bennie Nicolo, 371-4818) for the private improvements located in the right-of-way. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this property. Entergy: No comment received. Center -Point Energy: Approved as submitted. AT & T: No comment received. Central Arkansas Water: No objection. 3 February 28, 2008 ITEM NO.:.! Cont. FILE NO.: Z-8152-A Fire Department: Approved as submitted. County_ Planning: No comment. CATA: The site is located on CATA Bus Route #21, the University Avenue Route. Parks and Recreation: No comment. F. ISSUESITECHNICALIDESIGN: Planning Division: This request is located in the West Little Rock Planning District. The Land Use Plan shows Mixed Use for this property. The applicant has requested to rezone the site from 0-3, General Office District to Planned Office Development to add additional uses to the site including selected commercial uses. The request does not require a change to the Land Use Plan. Master Street Plan: University Avenue is shown as a Principal Arterial. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on University since it is a Principal Arterial. Father Tribou Drive is shown as a Local Street. 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. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes shown in the immediate vicinity. Neighborhood Action Plan: This area is covered by the Midtown Neighborhood Action Plan. The Commercial Development goal states: "To increase the long-term viability of our retail, office, and medical centers, and prevent destabilization of surrounding neighborhoods." Landscape: 1. The site plan must comply with the City's landscape and buffer ordinance requirements. 0 February 28, 2008 ITEM NO.: J (Cont.) FILE NO.: Z-8152-A 2. This site plan appears to be a use issue only. However, should the building undergo rehabilitation then the parking lot will be required to be brought into compliancy with both the zoning ordinance and the landscape ordinance at such time. 3. A landscape plan will be required in conjunction with redevelopment of this site. G. SUBDIVISION COMMITTEE COMMENT: (January 24, 2008) The applicant was present representing the request. Staff presented an overview of the development stating the request was to rezone the site from 0-3, General Office District to PCD and add additional uses as allowable uses to the site. Public Works comments were addressed. Staff stated a reduced right of way dedication was being requested. Staff noted due to the potential increase in intensity of the use of the site additional right of way and turn lanes could be required. Staff stated a franchise would be provided to the owners to allow parking within the public right of way. Landscaping comments were addressed. Staff stated if the building was rehabilitated then the parking lot would be required to be brought into compliance with the current typical ordinance standards. Staff noted comments provided by the various other departments and agencies stating if there were specific concerns the applicant should contact the agency directly. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: There were no outstanding technical issues remaining from the January 24, 2008, Subdivision Committee meeting. The applicant is seeking a rezoning of the site to allow additional uses to be added as allowable uses for the site. The primary issue between staff and the applicant involves the right of way dedication. The applicant has indicated a right of way dedication to the edge of the parking stalls is acceptable with them. Staff is supportive of the allowance of reduced right of way dedication including a 25-foot right of way dedication along Father Tribou Drive and a 45-foot right of way dedication along South University Avenue. Staff feels the right of way should be dedicated as a part of the approval. The rezoning request will potentially increase the activity on the site, creating a commercial development, thus potentially necessitating additional street improvements in the area. A portion of the existing parking will be impacted by the right of way dedication which staff is agreeable to the allowance 5 February 28, 2008 ITEM NO.: J Cont.) FILE NO.: Z-8152-A of a franchise agreement to allow the existing parking to remain until such time as the additional improvements are installed. The site is located within the Midtown Overlay District. The purpose of the Midtown Overlay District is to create a quality vital atmosphere for businesses, commercial or office and residents. Buildings, parking, signage, landscaping and street furnishings should all be designed to complement and encourage pedestrian use both day and evening. As stated in the purpose and intent section of the Midtown Overlay District proper planning is necessary to ensure visual clutter is avoided. Guideline and strategies must be in place to protect the district from the negative impact of poorly planned or incompatible development has the potential to destroy the attributes that will attract people to the district. The district regulations shall apply to new development, and redevelopment exceeding fifty percent of the structure's current replacement value and expansion of existing development. The design guidelines shall be implemented when a permit is requested for exterior improvements on buildings or in the public right of way. Routine repairs, maintenance and interior alterations shall not require compliance with the overlay regulations. It does not appear the overlay requirements will be evoked with the development as proposed. The applicant is proposing the redevelopment of the site as a mixed -use development with no limits placed on the uses proposed. There are no exterior modifications proposed to the existing building or parking. All renovations will be interior renovations only. The building contains 11,968 square feet along with 72 parking spaces. Based on typically minimum parking requirements for a commercial development, 39 parking spaces would be required. Based on typical parking ratios for a mixed use development (1 space per 225 square feet) 53 parking spaces would typically be required. Neither the site plan nor cover letter indicates any signage either existing or proposed. Signage typically allowed in office zones is a maximum of six feet in height and sixty-four square feet in area. With regard to signage, the Midtown Overlay District states no pole -mounted signs and no wood, painted signs or pan -faced -style signs are permitted. Staff would recommend if additional signage is approved, the signage conform to signage as allowed per the Midtown Overlay District. The site is indicated as MX on the City's Future Land Use Plan. The MX — Mixed Use Category allows for a mixture of residential, office and commercial uses to occur. A Planned Zoning District is required if the use is entirely office or commercial or if the use is a mixture of the three. The applicant has not placed limits on the proposed use mix of the site; only indicated the site will be redeveloped as a mixed use development. Staff recommends a percentage be placed on the proposed uses limiting the site to 60 percent commercial uses and 40 percent office uses. R February 28, 2008 ITEM NO.: J (Cont. FILE NO.: Z-8152-A Staff is generally supportive of the proposed development. There is an outstanding issue related to the right of way dedication for the abutting streets. Staff cannot support the application as filed with limiting the right of way dedication to the edge of the parking stalls along the abutting streets. I. STAFF RECOMMENDATIONS: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (FEBRUARY 14, 2008) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had requested a deferral of the item to the February 28, 2008, public hearing. Staff stated the deferral request would require a waiver of the Commission's By-laws with regard to the late deferral request since the request was made on February 13, 2008. Staff stated they were supportive of the deferral request. There was no further discussion of the item. A motion was made to approve the item as presented by staff on the consent agenda. The motion carried by a vote of 8 ayes, 0 noes and 3 absent. PLANNING COMMISSION ACTION: (FEBRUARY 28, 2008) The applicant was present. There were no registered objectors present. Staff stated the original application was submitted with a survey, which was outdated and did not show the existing right of way located along the abutting roadways. Staff stated the applicant had since provided them with a current survey, which indicated right of way along Father Tribou and North University Avenue somewhat different than originally thought. Staff stated they originally thought the existing right of way along Father Tribou was 20-feet and recommended a reduced right of way standard requesting an additional 5-feet along Father Tribou Street. Staff stated along North University Avenue staff requested a reduced standard and a right of dedication of 45-feet. Staff state they continued to recommend the reduced right of way standard along North University Avenue or a dedication to 45-feet from centerline as opposed the typically required 55-feet from centerline. Staff stated the 45-foot right of way along North University Avenue was currently in place. Staff stated the reduced standard would require adoption of an ordinance by the Board of Directors to allow a variance from the Master Street Plan. Staff stated the reduced right of way standard was only being supported for the current PCD rezoning request to add additional uses to the site. Staff recommends at the time the site is redeveloped the full 55-feet of right of way be dedicated. Staff stated with regard to Father Tribou Street they recommended the applicant dedicate an existing 10-foot gap in the right of way as presently existed bring 7 February 28, 2008 ITEM NO.: J Cont. FILE NO.: Z-8152-A the total right of way for Father Tribou to the Master Street Plan standard or 30-feet from centerline. Staff stated there was presently parking and landscaping within the right of way for North University Avenue and Father Tribou Street. Staff stated they supported the issuance of franchise permit for the parking, landscaping, and other improvements located in the right-of-way. Staff stated the applicant must contact Public Works for the permit application. Staff stated the original recommendation was the development be limited to a 60 percent commercial and 40 percent office use mix but now felt the developers proposal was acceptable. Staff stated they were supportive of allowing the development to contain a mixed -use development with 75 percent commercial uses and 25 percent office uses. Staff stated otherwise to their knowledge there are no remaining outstanding technical issues associated with the request. Staff presented a recommendation of approval of the request including the above comments and the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. 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 9 ayes, 0 noes and 2 absent. 1;1 ITEM NO.: 12. Z-8152-A NAME: Storthz Short -form POD LOCATION: located at 424 North University Avenue Planning Staff Comments: 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 January 30, 2008. The Office of Planning and Development must receive the proof of notice no later than February 8, 2008. Neighborhood Associations — Hillcrest Residents Neighborhood Association Variance/Waivers: None requested. Public Works Conditions: 1. In recognition of the fact that this is a developed site and the applicant proposes only use changes and no changes to the existing building footprint, drives, parking, staff is recommending a reduced right of way dedication on Father Tribou Street (formerly Lee Street) of 25 feet from the centerline (instead of the Master Street Plan requirement of 30 feet) and 45 feet from the centerline of University Avenue (rather than 55 feet). The approximate 5 foot dedication on Father Tribou and University Avenue are required due to the increased intensity of uses for the site with the change from office to commercial uses and the allowance of a large percentage of the building square footage as selected C-3, General Commercial District uses by right. With greater intensity of the use mix, additional traffic is expected which right turn lanes can correct when added to the existing streets, but until such lanes are built, the City will provide the applicant with a franchise to allow the existing parking to be located in the portion of the right of way to be dedicated. Any future development on the site will require full right of way dedication and meeting the boundary street ordinance requirements. For City -funded projects, the City bears the cost of relocating improvements such as driveways, curbing and landscaping which is disturbed in the street widening process. 2. Obtain a franchise agreement from Public Works (Bennie Nicolo, 371-4818) for the private improvements located in the right-of-way. Utilities and Fire Department/County Planning: Wastewater: Sewer available to this property. Item # 12. Entergy: No comment received. Center -Point Energy: Approved as submitted. AT & T: No comment received. Central Arkansas Water: No objection. Fire Department: Approved as submitted. County Planning: No comment. CATA: The site is located on CATA Bus Route #21, the University Avenue Route. Parks and Recreation: No comment. Planning Division: This request is located in the West Little Rock Planning District. The Land Use Plan shows Mixed Use for this property. The applicant has requested to rezone the site from 0-3, General Office District to Planned Office Development to add additional uses to the site including selected commercial uses. The request does not require a change to the Land Use Plan. Master Street Plan: University Avenue is shown as a Principal Arterial. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on University since it is a Principal Arterial. Father Tribou Drive is shown as a Local Street. 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. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes shown in the immediate vicinity. Neighborhood Action Plan: This area is covered by the Midtown Neighborhood Action Plan. The Commercial Development goal states: "To increase the long-term viability of our retail, office, and medical centers, and prevent destabilization of surrounding neighborhoods." Landscape: 1. The site plan must comply with the City's landscape and buffer ordinance requirements. 2. This site plan appears to be a use issue only. However, should the building undergo rehabilitation then the parking lot will be required to be brought into compliancy with both the zoning ordinance and the landscape ordinance at such time. Item # 12. 3. A landscape plan will be required in conjunction with redevelopment of this site. Additional Comment — The Planning Commission and Board of Directors will no lon er allow presentation boards to present materials. You must have all presentation material in a size that can be projected on the screen — a maximum size of 11 x 17 but preferably the material should be no larger than 8 Y2 by 14. 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, January 30, 2008. Item # 12.