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HomeMy WebLinkAboutZ-8348 Staff AnalysisFILE NO.: Z-8348 NAME: Loftin Short -form PD-C LOCATION: Located on the Southeast corner of Cantrell Road and Black Street DEVELOPER: Desjoyanux Pools of Arkansas James Randleas 8723 Batesville Pike Jacksonville, AR 72076 ENGINEER: The Sentinel Group, LLC 305 Pinnacle Drive Bryant, AR 72202 AREA: 0.74 ± acres CURRENT ZONING ALLOWED USES: PROPOSED ZONING: PROPOSED USE NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF R-2, Single-family Single-family residential PD-C Pool Supply Business VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUE The developers of the property are requesting a rezoning of the site from R-2, Single-family to Planned Commercial Development to allow the development of a pool/spa supply store. The store will carry common swimming pool/spa items such as chemicals, hot tubs, accessories and decorative mailboxes. The planned hours of operation are from 9:00 am to 5:00 pm, Monday through Friday and possibly Saturday if the business dictates. Initially, there will be one person staffing the store until business and customer traffic develop. The proposed store will be 60-feet by 30-feet and have access off of Black Street. There will be four parking spaces. The exterior portion of the site will be extensively landscaped and manicured and will feature a display pool on the north side within FILE NO.: Z-8348 (Cont. the 100-foot building setback as established by the Highway 10 Design Overlay District. B. EXISTING CONDITIONS: The site is located on the southeast corner of Cantrell Road and Black Street. There are three structures on the site in a state of disrepair. The uses in the area include commercial and residential uses. To the east is the Pankey community which is primarily a single-family neighborhood. To the north and west of the site are commercial and office uses including a branch bank, a grocery store, a liquor store, a carwash facility and a mini -warehouse facility. North of Cantrell is a large multi -family complex accessed from Highland Drive. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received one informational phone call from an area property owners. All property owners located within 200 feet of the site, all residents, who could be identified, located within 300 feet of the site and the Pankey Community Improvement Association were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Black Road is classified on the Master Street Plan as a collector street. A dedication of right-of-way 30 feet from centerline will be required. The scale does not seem to match the dimensions. The 60-foot right-of-way does not appear to be in place. 2. Per the Master Street Plan where a principal arterial intersects a collector street, the applicant shall dedicate an additional 10 feet of right-of-way measured from the centerline of the right-of-way for a right turn lane. This additional right-of-way shall normally be 250 feet in length measured from the intersecting right-of-way. At such intersections, the intersecting right-of- way line shall normally have a radius of 75 to 100 feet. 3. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to Black Street including 5-foot sidewalks with the planned development. The back of curb should be located 18 feet from centerline with sidewalk at the property line. 4. Per the Boundary Street Ordinance, Section 30-281, boundary street improvements shall include one hundred (100) percent bridge and box culvert construction on streets other than arterial streets. This code would be met by providing an in -lieu fee for construction of one (1) side of the bridge. 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 2 FILE NO.: Z-8348 (Cont.) 6. Sidewalks with appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan along Cantrell Road. 7. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. 8. A special Grading Permit for Flood Hazard Areas will be required per Section 8-283 prior to construction. 9. The minimum Finish Floor elevation of at least one (1) foot above the base flood elevation is required to be shown on plat and grading plans. 10. From the effective FIRMs along the centerline of Black Street, it appears the northern boundary of the floodway is approximately 230 feet and the boundary of the floodplain is approximately 150 feet from the south curb line of Cantrell Road. The new preliminary FIRMs should be considered when planning development. Provide accurate location of the floodplain delineations. 11. Per Chapter 36-341, 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. 12. 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. 13. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 14. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. 15. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 16. Street Improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. 17. Streetlights are required by Section 31-403 of the Little Rock code. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting/certificate of occupancy. Contact Traffic Engineering 379-1813 (Steve Philpott) for more information. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to the property. Easement required to be platted for existing sewer main. Entergy: No comment received. Center -Point Energy: No comment received. 3 AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. A Capital Investment Charge based on the size of connection(s) will apply to this project in addition to normal charges. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department for additional information. Counter Planning: No comment. CATA: The site is located on CATA Bus Route #25, the Highway 10 Express Route. F. ISSUES/TECHNICAL/DESIGN: Planninq Division: This request is located in the River Mountain Planning District. The Land Use Plan shows Low Density Residential for this property. The applicant has applied for a rezoning R-2, Single-family to Planned Commercial Development to allow the development of a pool supply business. A change to the Land Use Plan from Low Density Residential to Commercial is a separate item on this agenda (LU08-01-02). Master Street Plan: Cantrell Road is a Principal Arterial. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Cantrell Road since it is a Principal Arterial. Black Street is shown as a Collector. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. 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 in the immediate vicinity. Neighborhood Action Plan: This area is covered by the River Mountain Neighborhood Action Plan. The Infrastructure Goal states: "Ensure that roads are improved in a manner that is supportive of all modes of transportation (walking, cycling, automobile, public transit and truck) and help to minimize the conflicts between the various modes." M FILE NO.: Z-8348 Landscape: 1. The site plan must comply with the City's landscape and buffer ordinance requirements. The site plan must also comply with the Highway 10 Design Overlay District requirements. 2. The Highway 10 Design Overlay District requires a twenty-five foot wide (25) landscape strip along the perimeters of the site. 3. The zoning buffer ordinance requires a seventeen -foot (17') wide land use buffer to separate this proposed development from the residential property on southern perimeter of the site. Seventy percent (70%) of these buffers are to remain undisturbed. 4. The zoning buffer ordinance requires a twelve -foot (12') wide land use buffer to separate this proposed development from the residential property on eastern perimeter of the site. Seventy percent (70%) of these buffers are to remain undisturbed. 5. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the southern and eastern perimeters of the site. Credit towards fulfilling this requirement can be given for existing trees and undergrowth that satisfies this year -around requirement. 6. An automatic irrigation system to water landscaped areas will be required. 7. Prior to the issuance of a building permit, it will be necessary to provide an approved landscape plan stamped with the seal of a Registered Landscape Architect. 8. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (May 29, 2008) The applicant was present. Staff presented an overview of the proposed development stating there were additional items necessary to complete the review process. Staff stated screening was required along the southern and eastern perimeters of the site. Staff requested the applicant include a note on the site plan concerning the proposed screening mechanism. Staff also requested the applicant provide the days and hours of operation and the buildings proposed for salvage on the site details of the proposed front yard landscaping. Public Works comments were addressed. Staff stated the right of way required for Black Road per the Master Street Plan was 30-feet from centerline. Staff also stated a dedication of an additional 10-feet would be required for the construction 5 FILE NO.: Z-8348 of a right turn lane. (Staff has since determined a right turn lane on Black Road is not required. Since the street does not extend to the north the northbound lane configuration will be one left turn, one combination through -left lane, and one right lane. ) Staff also stated the areas identified as floodway did not appear to be correct. Staff stated an in -lieu contribution for the bridge located at the southern boundary would be required. Staff also stated street construction per the Master Street Plan would be required. Staff stated if the cost of the improvements were in excess of 15 percent of the total project cost a hardship could be established and an in -lieu contribution could be accepted for the cost of improvements. Staff stated it was the developers job to provide staff with the cost estimates for construction of the project and the cost of the associated street improvements for staff to determine if the hardship did exist. Landscaping comments were addressed. Staff stated the site plan did not comply with the typical landscape strips along the perimeters of the site. Staff stated typically a 25-foot landscape strip was required along the perimeter. Staff also stated typically a 30-foot building setback was required for the side yard setbacks. Staff noted the site plan indicated a 20-foot setback and landscape strip. Staff noted comments from the various other reporting departments and agencies. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing most of the issues raised at the May 29, 2008, Subdivision Committee meeting. The site plan indicates the placement of an eight foot screening fence along the eastern perimeter up to the floodway. A screening fence is not proposed along the southern perimeter since the entire southern perimeter is located within the floodway. The applicant has indicated the areas located within the floodway will be screened as allowed per City ordinance and the Public Works Department. Berming will be used along Highway 10 within the front 40-foot landscaped area. The applicant has indicated the hours of operation will be from 9 am to 6 pm Monday through Friday initially. As the business grows the hours will be extended to Saturday from 8 am to 2 pm. The proposal is to construct a new 1,800 square foot building and maintain one of the existing buildings located in the southern portion of the site. The applicant has indicated any modifications to the existing structure will comply with City standards for rehabilitation of structures within a floodway. The existing building will be used for storage of pool chemicals and supplies. The new building will also house pool supplies and a display for hot tubs. Within the front yard 0 FILE NO.: Z-8348 (Cont.) 100-foot building setback a 14-foot by 20-foot in -ground pool will be constructed complete with concrete aprons. The area will be extensively landscaped as a display area for customers to visualize the product available. The site plan indicates the placement of four parking spaces and a small loading area. The ordinance would typically require the placement of six parking spaces. According to the owner four spaces will serve the needs of the development. There will be only one employee of the business and customer traffic is expected to be staggered not generating a great demand for parking. A portion of the paving for the parking is located within the floodway. The FP, Floodplain District section of the ordinance 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 (Section 36-341(2)(d)). The ordinance also requires no building to be placed any closer than 25-feet form the established floodway line. The building has been indicated with an adequate setback from the floodway line. The site plan indicates the placement of a 5-foot side yard setback and landscaped area along the eastern perimeter. The ordinance would typically require the placement of a 25-foot landscape strip and a 30-foot building setback. Along the western perimeter for the first 150-feet the required landscape strip is seven feet where the site is not proposing the placement of a parking area and is adjacent to commercially zoned property. The remainder of the site would require the placement of a 15-foot landscape strip per the Highway 10 DOD. The site plan is complying with the exception of the proposed parking area. Within this area based on the Landscape Ordinance requirements a minimum of nine feet of landscaping is required. Within this area it appears the landscape strip proposed is zero. The applicant has indicated site lighting will comply with the typical ordinance standard of the Highway 10 DOD. All site and parking lot lighting will be low level and will not spill onto adjacent properties or the corridor. The site plan indicates the placement of a single ground mounted monument style sign not to exceed six feet in height and seventy-two square feet in area. Building signage is proposed consistent with signage allowed per commercial zones or a maximum of ten percent of the fagade area. The signage as proposed complies with the Highway 10 DOD. Staff is not supportive of the proposed use or the site plan as proposed. The proposed use of the property is typically allowed as a C-4, Open Display District use. Although there are other pool supply businesses located on Highway 10, these businesses do not have outdoor display of product or inventory. Based on the current land use plan, the commercial uses have been limited to the west side of Black Road and east of Black Road has been held for residential including low density residential stepping down to single-family. In addition, there 7 FILE NO.: Z-8348 (Cont. are a number of variations from the Highway 10 DOD related to the development of the site. The proposed eastern setback and landscape strip is not adequate to meet the typical ordinance standard and are proposed at minimal five foot. The proposed landscape area along Black Road adjacent to the parking area is not adequate to meet the overlay or the landscape ordinance requirements and is indicated at or near zero. The site plan also indicates the paving within the floodway, which is typically prohibited. Based the proposed use of the property and the inconsistencies with the overlay standards, staff is not supportive of the request. I. STAFF RECOMMENDATIONS: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (JUNE 19, 2008) Mr. Eric Krebs was present representing the applicant. Staff presented the item stating they were not in support of the request and presenting a recommendation of denial. Mr. Krebs stated the site had not been occupied since 2006 and the site had not been used as residential since the 1960's. He stated the site was most recently used as storage and workshop area. He stated the developers intended to construct a display pool within the front yard area and landscape the site heavily to accent their product. He stated there were few occupied residences in the area. He stated the site south of the development was most recently used as a beauty salon. He stated the site would not likely be used as residential. He stated there were limits on the site with the floodplain and floodway. He stated the site was also located at the intersection of an arterial and collector street and once the bridge was replaced and access secured to the south the street would generated a great deal of traffic. Mr. Jessie Gibson addressed the Commission on behalf of his client Ada Norwood. He stated Ms. Norwood's family owned property in the area and were long standing members of the Pankey Community. He stated Ms. Norwood was concerned with the placement of a commercial business at this location. He stated she was also concerned with potential chemicals a pool business might expose the neighborhood to. He stated the land use in the area was residential and the commercial business would be out of character with the neighborhood. Mr. Gibson stated there was a concern with the display pool area and the hazards the pool might impose on the neighborhood. He stated the development was inconsistent with the Highway 10 Overlay. He stated there were a number of places both east and west of the site where the development could occur and not impact the residential areas. Ms. Ruth Bell addressed the Commission in opposition. She stated there had been a long term goal of preserving the Pankey Community. She stated the neighborhood was established and the City had grown around the community. She stated the area was an established neighborhood. She stated if the development was proposed in a downtown 0 FILE NO.: Z-8348 (Cont. neighborhood the Commission would deny the request. She questioned if this area was different. There was a general discussion by the site and the constraints imposed on t Commission indicated their desire \A floodway. The Commission noted the which currently had a flooding problem. Commission of the difficulties for developing the ie site by the Overlay and the Floodway. The as to not approve something located in the site was not far from Westchester Subdivision, Mr. Krebs stated there was no construction in the floodway. He stated only the drive of the parking lot was located within the floodway. Commissioner Rector stated there was an existing building located in the floodway. Mr. Krebs stated if it was desired the developer would remove the building but they did desire to maintain the building for storage. Commissioner Hargraves stated the issue was bigger than the floodway. He stated there were concerns with the land use as well. He stated the request was to rezone the site from R-2, Single-family to a C-4, Open Display District use. He stated that was a stretch. He stated there was a structure being placed in the 100-foot building setback. He stated with all the issues he could not support the development. A motion was made to approve the rezoning request. The motion failed by a vote of 0 ayes, 8 noes, 2 absent and 1 recusal (Jeff Yates). .01 ITEM NO.: 9.1. NAME: Loftin Short -form PCD LOCATION: located on the Southeast corner of Cantrell Road and Black 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. The Office of Planning and Development must receive the proof of notice no later than June 13, 2008. 2. Provide a signed survey of the property. 3. Provide details of the proposed screening along the eastern and southern perimeters. 4. All site lighting must be low level and directional, directed downward and into the site. 5. Provide details of the proposed front landscape treatment. Will berming be used? 6. Provide the hours of operation for the proposed pool supply business. 7. The site plan indicates existing buildings. Label all existing buildings to remain. 8. Provide the minimum floor elevation for the proposed structure. 9. A minimum of 10 to 15 percent of the site is to be designated to landscape. Provide the percentage provide. 10. Provide the percentage of building coverage, the percentage of landscaping and the percentage of paved area. 11.The request includes a variation from the Highway 10 DOD to allow the placement of a structure within the 100 foot building setback, a reduced landscape strip along the eastern perimeter (25-feet) and to allow the placement of a structure within the 30 foot side yard setback (east). Variance/Waivers: None requested. Public Works Conditions: 1. Black Road is classified on the Master Street Plan as a collector street. A dedication of right-of-way 30 feet from centerline will be required. The scale does not seem to match the dimensions. The 60 foot right-of-way does not appear to be in place. 2. Per the Master Street Plan where a principal arterial intersects a collector street, the applicant shall dedicate an additional 10 feet of right-of-way measured from the centerline of the right-of-way for a right turn lane. This additional right-of-way shall normally be 250 feet in length measured from the intersecting right-of-way. At such intersections, the intersecting right-of-way line shall normally have a radius of 75 to 100 feet. 3. With site development, provide design of street conforming to the Master Street Plan. Construct one-half street improvement to Black Street including 5-foot Item # 9.1. sidewalks with planned development. The back of curb should be located 18 feet from centerline with sidewalk at the property line. 4. Per the Boundary Street Ordinance, Section 30-281, boundary street improvements shall include one hundred (100) percent bridge and box culvert construction on streets other than arterial streets. This code would be met by providing an in -lieu fee for construction of one (1) side of the bridge. 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. Sidewalks with appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan along Cantrell Road. 7. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. 8. A special Grading Permit for Flood Hazard Areas will be required per Section 8-283 prior to construction. 9. The minimum Finish Floor elevation of at least one (1) foot above the base flood elevation is required to be shown on plat and grading plans. 10. From the effective FIRMs along the centerline of Black Street, it appears the northern boundary of the floodway is approximately 230 feet and the boundary of the floodplain is approximately 150 feet from the south curb line of Cantrell Road. The new preliminary FIRMs should be considered when planning development. Provide accurate location of the floodplain delineations. 11. Per Chapter 36-341, 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. 12.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. 13. Repair or replace any curb and gutter or sidewalk that is damaged in the public right- of-way prior to occupancy. 14.Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. 15. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 16. Street Improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. 17. Streetlights are required by Section 31-403 of the Little Rock code. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting/certificate of occupancy. Contact Traffic Engineering 379-1813 (Steve Philpott) for more information. Utilities and Fire Department/County Planning: Wastewater: Sewer available to the property. Easement required to be platted for existing sewer main. Entergy: No comment received. Item # 9.1. Center -Point Enemy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. A Capital Investment Charge based on the size of connection(s) will apply to this project in addition to normal charges. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is located on CATA Bus Route #25, the Highway 10 Express Route. Planning Division: This request is located in the River Mountain Planning District. The Land Use Plan shows Low Density Residential for this property. The applicant has applied for a rezoning R-2, Single-family to Planned Commercial Development to allow the development of a pool supply business. A change to the Land Use Plan from Low Density Residential to Commercial is a separate item on this agenda (LU08-01-02). Master Street Plan: Cantrell Road is a Principal Arterial. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Cantrell Road since it is a Principal Arterial. Black Street is shown as a Collector. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. 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 in the immediate vicinity. Neighborhood Action Plan: This area is covered by the River Mountain Neighborhood Action Plan. The Infrastructure Goal states: "Ensure that roads are improved in a manner that is supportive of all modes of transportation (walking, cycling, automobile, public transit and truck) and help to minimize the conflicts between the various modes." Landscape: 1. The site plan must comply with the City's minimal landscape and buffer ordinance requirements. 2. The site plan must comply with the Highway 10 Design Overlay District requirements. 3. Berming is encouraged along Highway 10. 4. The Highway 10 Design Overlay District requires a twenty-five foot wide (25) landscape strip. The proposed parking lot plan encroaches into this area. Item # 9.1. 5. The zoning buffer ordinance requires a seventeen foot (17') wide land use buffer to separate this proposed development from the residential property on southern perimeter of the site. Seventy percent (70%) of these buffers are to remain undisturbed. 6. The zoning buffer ordinance requires a twelve foot (12') wide land use buffer to separate this proposed development from the residential property on eastern perimeter of the site. Seventy percent (70%) of these buffers are to remain undisturbed. 7. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the southern and eastern perimeters of the site. Credit towards fulfilling this requirement can be given for existing trees and undergrowth that satisfies this year -around requirement. 8. An automatic irrigation system to water landscaped areas will be required. 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 tree covered 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, June 4, 2008. Item # 9.1. June 19, 2008 ITEM NO.: 9.1 NAME: Loftin Short -form PD-C FILE NO.: Z-8348 LOCATION: Located on the Southeast corner of Cantrell Road and Black Street DEVELOPER: Desjoyanux Pools of Arkansas James Randleas 8723 Batesville Pike Jacksonville, AR 72076 FNGINEFR- The Sentinel Group, LLC 305 Pinnacle Drive Bryant, AR 72202 AREA: 0.74 ± acres CURRENT ZONING ALLOWED USES PROPOSED ZONING PROPOSED USE NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF R-2, Single-family Single-family residential Pool Supply Business VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: The developers of the property are requesting a rezoning of the site from R-2, Single-family to Planned Commercial Development to allow the development of a pool/spa supply store. The store will carry common swimming pool/spa items such as chemicals, hot tubs, accessories and decorative mailboxes. The planned hours of operation are from 9:00 am to 5:00 pm, Monday through Friday and possibly Saturday if the business dictates. Initially, there will be one person staffing the store until business and customer traffic develop. The proposed store will be 60-feet by 30-feet and have access off of Black Street. There will be four parking spaces. The exterior portion of the site will be extensively landscaped and manicured and will feature a display pool on the north side within June 19, 2008 SUBDIVISION ITEM NO.: 9.1 FILE NO.: Z-8348 the 100-foot building setback as established by the Highway 10 Design Overlay District. B. EXISTING CONDITIONS: The site is located on the southeast corner of Cantrell Road and Black Street. There are three structures on the site in a state of disrepair. The uses in the area include commercial and residential uses. To the east is the Pankey community which is primarily a single-family neighborhood. To the north and west of the site are commercial and office uses including a branch bank, a grocery store, a liquor store, a carwash facility and a mini -warehouse facility. North of Cantrell is a large multi -family complex accessed from Highland Drive. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received one informational phone call from an area property owners. All property owners located within 200 feet of the site, all residents, who could be identified, located within 300 feet of the site and the Pankey Community Improvement Association were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Black Road is classified on the Master Street Plan as a collector street. A dedication of right-of-way 30 feet from centerline will be required. The scale does not seem to match the dimensions. The 60-foot right-of-way does not appear to be in place. 2. Per the Master Street Plan where a principal arterial intersects a collector street, the applicant shall dedicate an additional 10 feet of right-of-way measured from the centerline of the right-of-way for a right turn lane. This additional right-of-way shall normally be 250 feet in length measured from the intersecting right-of-way. At such intersections, the intersecting right-of- way line shall normally have a radius of 75 to 100 feet. 3. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to Black Street including 5-foot sidewalks with the planned development. The back of curb should be located 18 feet from centerline with sidewalk at the property line. 4. Per the Boundary Street Ordinance, Section 30-281, boundary street improvements shall include one hundred (100) percent bridge and box culvert construction on streets other than arterial streets. This code would be met by providing an in -lieu fee for construction of one (1) side of the bridge. 2 June 19, 2008 SUBDIVISION ITEM NO.: 9.1 Cont. FILE NO.: Z-8348 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. Sidewalks with appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan along Cantrell Road. 7. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. 8. A special Grading Permit for Flood Hazard Areas will be required per Section 8-283 prior to construction. 9. The minimum Finish Floor elevation of at least one (1) foot above the base flood elevation is required to be shown on plat and grading plans. 10. From the effective FIRMs along the centerline of Black Street, it appears the northern boundary of the floodway is approximately 230 feet and the boundary of the floodplain is approximately 150 feet from the south curb line of Cantrell Road. The new preliminary FIRMs should be considered when planning development. Provide accurate location of the floodplain delineations. 11. Per Chapter 36-341, 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. 12. 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. 13. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 14. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. 15. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 16. Street Improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. 17. Streetlights are required by Section 31-403 of the Little Rock code. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting/certificate of occupancy. Contact Traffic Engineering 379-1813 (Steve Philpott) for more information. K June 19, 2008 SUBDIVISION ITEM NO.: 9.1 (Cont.) FILE NO.: Z-8348 E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to the property. Easement required to be platted for existing sewer main. Entergy: No comment received. Center -Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. A Capital Investment Charge based on the size of connection(s) will apply to this project in addition to normal charges. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is located on CATA Bus Route #25, the Highway 10 Express Route. F. ISSUES/TECHNICAL/DESIGN: Planninq Division: This request is located in the River Mountain Planning District. The Land Use Plan shows Low Density Residential for this property. The applicant has applied for a rezoning R-2, Single-family to Planned Commercial Development to allow the development of a pool supply business. A change to the Land Use Plan from Low Density Residential to Commercial is a separate item on this agenda (LU08-01-02). Master Street Plan: Cantrell Road is a Principal Arterial. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Cantrell Road since it is a Principal Arterial. Black Street is shown as a Collector. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. 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 in the immediate vicinity. 0 June 19, 2008 SUBDIVISION ITEM NO.: 9.1 (Cont.) FILE NO.: Z-8348 Neighborhood Action Plan: This area is covered by the River Mountain Neighborhood Action Plan. The Infrastructure Goal states: "Ensure that roads are improved in a manner that is supportive of all modes of transportation (walking, cycling, automobile, public transit and truck) and help to minimize the conflicts between the various modes." Landscape: 1. The site plan must comply with the City's landscape and buffer ordinance requirements. The site plan must also comply with the Highway 10 Design Overlay District requirements. 2. The Highway 10 Design Overlay District requires a twenty-five foot wide (25) landscape strip along the perimeters of the site. 3. The zoning buffer ordinance requires a seventeen -foot (17') wide land use buffer to separate this proposed development from the residential property on southern perimeter of the site. Seventy percent (70%) of these buffers are to remain undisturbed. 4. The zoning buffer ordinance requires a twelve -foot (12') wide land use buffer to separate this proposed development from the residential property on eastern perimeter of the site. Seventy percent (70%) of these buffers are to remain undisturbed. 5. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the southern and eastern perimeters of the site. Credit towards fulfilling this requirement can be given for existing trees and undergrowth that satisfies this year -around requirement. 6. An automatic irrigation system to water landscaped areas will be required. 7. Prior to the issuance of a building permit, it will be necessary to provide an approved landscape plan stamped with the seal of a Registered Landscape Architect. 8. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (May 29, 2008) The applicant was present. Staff presented an overview of the proposed development stating there were additional items necessary to complete the review process. Staff stated screening was required along the southern and 5 June 19, 2008 SUBDIVISION ITEM NO.: 9.1 (Cont.) FILE NO.: Z-8348 eastern perimeters of the site. Staff requested the applicant include a note on the site plan concerning the proposed screening mechanism. Staff also requested the applicant provide the days and hours of operation and the buildings proposed for salvage on the site details of the proposed front yard landscaping. Public Works comments were addressed. Staff stated the right of way required for Black Road per the Master Street Plan was 30-feet from centerline. Staff also stated a dedication of an additional 10-feet would be required for the construction of a right turn lane. (Staff has since determined a right turn lane on Black Road is not required. Since the street does not extend to the north the northbound lane configuration will be one left turn, one combination through -left lane, and one right lane. ) Staff also stated the areas identified as floodway did not appear to be correct. Staff stated an in -lieu contribution for the bridge located at the southern boundary would be required. Staff also stated street construction per the Master Street Plan would be required. Staff stated if the cost of the improvements were in excess of 15 percent of the total project cost a hardship could be established and an in -lieu contribution could be accepted for the cost of improvements. Staff stated it was the developers job to provide staff with the cost estimates for construction of the project and the cost of the associated street improvements for staff to determine if the hardship did exist. Landscaping comments were addressed. Staff stated the site plan did not comply with the typical landscape strips along the perimeters of the site. Staff stated typically a 25-foot landscape strip was required along the perimeter. Staff also stated typically a 30-foot building setback was required for the side yard setbacks. Staff noted the site plan indicated a 20-foot setback and landscape strip. Staff noted comments from the various other reporting departments and agencies. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing most of the issues raised at the May 29, 2008, Subdivision Committee meeting. The site plan indicates the placement of an eight foot screening fence along the eastern perimeter up to the floodway. A screening fence is not proposed along the southern perimeter since the entire southern perimeter is located within the floodway. The applicant has indicated the areas located within the floodway will be screened as allowed per City ordinance and the Public Works Department. Berming will be used along Highway 10 within the front 40-foot landscaped area. n. June 19, 2008 SUBDIVISION ITEM NO.: 9.1 (Cont.) FILE NO.: Z-8348 The applicant has indicated the hours of operation will be from 9 am to 6 pm Monday through Friday initially. As the business grows the hours will be extended to Saturday from 8 am to 2 pm. The proposal is to construct a new 1,800 square foot building and maintain one of the existing buildings located in the southern portion of the site. The applicant has indicated any modifications to the existing structure will comply with City standards for rehabilitation of structures within a floodway. The existing building will be used for storage of pool chemicals and supplies. The new building will also house pool supplies and a display for hot tubs. Within the front yard 100-foot building setback a 14-foot by 20-foot in -ground pool will be constructed complete with concrete aprons. The area will be extensively landscaped as a display area for customers to visualize the product available. The site plan indicates the placement of four parking spaces and a small loading area. The ordinance would typically require the placement of six parking spaces. According to the owner four spaces will serve the needs of the development. There will be only one employee of the business and customer traffic is expected to be staggered not generating a great demand for parking. A portion of the paving for the parking is located within the floodway. The FP, Floodplain District section of the ordinance 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 (Section 36-341(2)(d)). The ordinance also requires no building to be placed any closer than 25-feet form the established floodway line. The building has been indicated with an adequate setback from the floodway line. The site plan indicates the placement of a 5-foot side yard setback and landscaped area along the eastern perimeter. The ordinance would typically require the placement of a 25-foot landscape strip and a 30-foot building setback. Along the western perimeter for the first 150-feet the required landscape strip is seven feet where the site is not proposing the placement of a parking area and is adjacent to commercially zoned property. The remainder of the site would require the placement of a 15-foot landscape strip per the Highway 10 DOD. The site plan is complying with the exception of the proposed parking area. Within this area based on the Landscape Ordinance requirements a minimum of nine feet of landscaping is required. Within this area it appears the landscape strip proposed is zero. The applicant has indicated site lighting will comply with the typical ordinance standard of the Highway 10 DOD. All site and parking lot lighting will be low level and will not spill onto adjacent properties or the corridor. 7 June 19, 2008 SUBDIVISION ITEM NO.: 9.1 (Cont. FILE NO.: Z-8348 The site plan indicates the placement of a single ground mounted monument style sign not to exceed six feet in height and seventy-two square feet in area. Building signage is proposed consistent with signage allowed per commercial zones or a maximum of ten percent of the fagade area. The signage as proposed complies with the Highway 10 DOD. Staff is not supportive of the proposed use or the site plan as proposed. The proposed use of the property is typically allowed as a C-4, Open Display District use. Although there are other pool supply businesses located on Highway 10, these businesses do not have outdoor display of product or inventory. Based on the current land use plan, the commercial uses have been limited to the west side of Black Road and east of Black Road has been held for residential including low density residential stepping down to single-family. In addition, there are a number of variations from the Highway 10 DOD related to the development of the site. The proposed eastern setback and landscape strip is not adequate to meet the typical ordinance standard and are proposed at minimal five foot. The proposed landscape area along Black Road adjacent to the parking area is not adequate to meet the overlay or the landscape ordinance requirements and is indicated at or near zero. The site plan also indicates the paving within the floodway, which is typically prohibited. Based the proposed use of the property and the inconsistencies with the overlay standards, staff is not supportive of the request. STAFF RECOMMENDATIONS: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (JUNE 19, 2008) Mr. Eric Krebs was present representing the applicant. Staff presented the item stating they were not in support of the request and presenting a recommendation of denial. Mr. Krebs stated the site had not been occupied since 2006 and the site had not been used as residential since the 1960's. He stated the site was most recently used as storage and workshop area. He stated the developers intended to construct a display pool within the front yard area and landscape the site heavily to accent their product. He stated there were few occupied residences in the area. He stated the site south of the development was most recently used as a beauty salon. He stated the site would not likely be used as residential. He stated there were limits on the site with the floodplain and floodway. He stated the site was also located at the intersection of an arterial and collector street and once the bridge was replaced and access secured to the south the street would generated a great deal of traffic. June 19, 2008 SUBDIVISION ITEM NO.: 9.1 (Cont.) FILE NO.: Z-8348 Mr. Jessie Gibson addressed the Commission on behalf of his client Ada Norwood. He stated Ms. Norwood's family owned property in the area and were long standing members of the Pankey Community. He stated Ms. Norwood was concerned with the placement of a commercial business at this location. He stated she was also concerned with potential chemicals a pool business might expose the neighborhood to. He stated the land use in the area was residential and the commercial business would be out of character with the neighborhood. Mr. Gibson stated there was a concern with the display pool area and the hazards the pool might impose on the neighborhood. He stated the development was inconsistent with the Highway 10 Overlay. He stated there were a number of places both east and west of the site where the development could occur and not impact the residential areas. Ms. Ruth Bell addressed the Commission in opposition. She stated there had been a long term goal of preserving the Pankey Community. She stated the neighborhood was established and the City had grown around the community. She stated the area was an established neighborhood. She stated if the development was proposed in a downtown neighborhood the Commission would deny the request. She questioned if this area was different. There was a general discussion by the Commission of the difficulties for developing the site and the constraints imposed on the site by the Overlay and the Floodway. The Commission indicated their desire was to not approve something located in the floodway. The Commission noted the site was not far from Westchester Subdivision, which currently had a flooding problem. Mr. Krebs stated there was no construction in the floodway. He stated only the drive of the parking lot was located within the floodway. Commissioner Rector stated there was an existing building located in the floodway. Mr. Krebs stated if it was desired the developer would remove the building but they did desire to maintain the building for storage. Commissioner Hargraves stated the issue was bigger than the floodway. He stated there were concerns with the land use as well. He stated the request was to rezone the site from R-2, Single-family to a C-4, Open Display District use. He stated that was a stretch. He stated there was a structure being placed in the 100-foot building setback. He stated with all the issues he could not support the development. A motion was made to approve the rezoning request. The motion failed by a vote of 0 ayes, 8 noes, 2 absent and 1 recusal (Jeff Yates). 9 June 19, 2008 FILE NO.: Z-8348 NAME: Loftin Short -form PD-C LOCATION: Located on the Southeast corner of Cantrell Road and Black Street DEVELOPER: Desjoyanux Pools of Arkansas James Randleas 8723 Batesville Pike Jacksonville, AR 72076 ENGINEER: The Sentinel Group, LLC 305 Pinnacle Drive Bryant, AR 72202 AREA: 0.74 ± acres CURRENT ZONING ALLOWED USES: PROPOSED ZONING: PROPOSED USE: NUMBER OF LOTS: 1 zoning lot R-2, Single-family Single-family residential P D-C Pool Supply Business VARIANCESNVAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: FT. NEW STREET: 0 LF The developers of the property are requesting a rezoning of the site from R-2, Single-family to Planned Commercial Development to allow the development of a pool/spa supply store. The store will carry common swimming pool/spa items such as chemicals, hot tubs, accessories and decorative mailboxes. The planned hours of operation are from 9:00 am to 5:00 pm, Monday through Friday and possibly Saturday if the business dictates. Initially, there will be one person staffing the store until business and customer traffic develop. The proposed store will be 60-feet by 30-feet and have access off of Black Street. There will be four parking spaces. The exterior portion of the site will be extensively landscaped and manicured and will feature a display pool on the north side within June 19, 2008 SUBDIVISION ITEM NO.: 9.1 (Cont. FILE NO.: Z-8348 the 100-foot building setback as established by the Highway 10 Design Overlay District. B. EXISTING CONDITIONS: The site is located on the southeast corner of Cantrell Road and Black Street. There are three structures on the site in a state of disrepair. The uses in the area include commercial and residential uses. To the east is the Pankey community which is primarily a single-family neighborhood. To the north and west of the site are commercial and office uses including a branch bank, a grocery store, a liquor store, a carwash facility and a mini -warehouse facility. North of Cantrell is a large multi -family complex accessed from Highland Drive. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received one informational phone call from an area property owners. All property owners located within 200 feet of the site, all residents, who could be identified, located within 300 feet of the site and the Pankey Community Improvement Association were notified of the Public Hearing. J'/ ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Black Road is classified on the Master Street Plan as a collector street. A dedication of right-of-way 30 feet from centerline will be required. The scale does not seem to match the dimensions. The 60-foot right-of-way does not appear to be in place. 2. Per the Master Street Plan where a principal arterial intersects a collector street, the applicant shall dedicate an additional 10 feet of right-of-way measured from the centerline of the right-of-way for a right turn lane. This additional right-of-way shall normally be 250 feet in length measured from the intersecting right-of-way. At such intersections, the intersecting right-of- way line shall normally have a radius of 75 to 100 feet. 3. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to Black Street including 5-foot sidewalks with the planned development. The back of curb should be located 18 feet from centerline with sidewalk at the property line. 4. Per the Boundary Street Ordinance, Section 30-281, boundary street improvements shall include one hundred (100) percent bridge and box culvert construction on streets other than arterial streets. This code would be met by providing an in -lieu fee for construction of one (1) side of the bridge. 2 June 19, 2008 SUBDIVISION ITEM NO.: 9.1 (Cont. FILE NO.- Z-8348 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. Sidewalks with appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan along Cantrell Road. 7. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. 8. A special Grading Permit for Flood Hazard Areas will be required per Section 8-283 prior to construction. 9. The minimum Finish Floor elevation of at least one (1) foot above the base flood elevation is required to be shown on plat and grading plans. 10. From the effective FIRMs along the centerline of Black Street, it appears the northern boundary of the floodway is approximately 230 feet and the boundary of the floodplain is approximately 150 feet from the south curb line of Cantrell Road. The new preliminary FIRMs should be considered when planning development. Provide accurate location of the floodplain delineations. 11. Per Chapter 36-341, 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. 12. 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. 13. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 14. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. 15. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 16. Street Improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. 17. Streetlights are required by Section 31-403 of the Little Rock code. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting/certificate of occupancy. Contact Traffic Engineering 379-1813 (Steve Philpott) for more information. 3 June 19, 2008 SUBDIVISION ITEM NO.: 9.1 (Cont.) FILE NO.: Z-8348 E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to the property. Easement required to be platted for existing sewer main. Entergy: No comment received. Center -Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. A Capital Investment Charge based on the size of connection(s) will apply to this project in addition to normal charges. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is located on CATA Bus Route #25, the Highway 10 Express Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the River Mountain Planning District. The Land Use Plan shows Low Density Residential for this property. The applicant has applied for a rezoning R-2, Single-family to Planned Commercial Development to allow the development of a pool supply business. A change to the Land Use Plan from Low Density Residential to Commercial is a separate item on this agenda (LU08-01-02). Master Street Plan: Cantrell Road is a Principal Arterial. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Cantrell Road since it is a Principal Arterial. Black Street is shown as a Collector. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. 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 in the immediate vicinity. C! June 19, 2008 SUBDIVISION ITEM NO.: 9.1 Cont. FILE NO.: Z-8348 Neighborhood Action Plan: This area is covered by the River Mountain Neighborhood Action Plan. The Infrastructure Goal states: "Ensure that roads are improved in a manner that is supportive of all modes of transportation (walking, cycling, automobile, public transit and truck) and help to minimize the conflicts between the various modes." (Ct)Landscape- 1. The site plan must comply with the City's landscape and buffer ordinance requirements. The site plan must also comply with the Highway 10 Design Overlay District requirements. 2. The Highway 10 Design Overlay District requires a twenty-five foot wide (25) landscape strip along the perimeters of the site. 3. The zoning buffer ordinance requires a seventeen -foot (17') wide land use buffer to separate this proposed development from the residential property on southern perimeter of the site. Seventy percent (70%) of these buffers are to remain undisturbed. 4. The zoning buffer ordinance requires a twelve -foot (12') wide land use buffer to separate this proposed development from the residential property on eastern perimeter of the site. Seventy percent (70%) of these buffers are to remain undisturbed. 5. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the southern and eastern perimeters of the site. Credit towards fulfilling this requirement can be given for existing trees and undergrowth that satisfies this year -around requirement. 6. An automatic irrigation system to water landscaped areas will be required. 7. Prior to the issuance of a building permit, it will be necessary to provide an approved landscape plan stamped with the seal of a Registered Landscape Architect. 8. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (May 29, 2008) The applicant was present. Staff presented an overview of the proposed development stating there were additional items necessary to complete the review process. Staff stated screening was required along the southern and 5 June 19, 2008 SUBDIVISION M NO.: 9.1 (Cont. FILE NO.: Z eastern perimeters of the site. Staff requested the applicant include a note on the site plan concerning the proposed screening mechanism. Staff also requested the applicant provide the days and hours of operation and the buildings proposed for salvage on the site details of the proposed front yard landscaping. Public Works comments were addressed. Staff stated the right of way required for Black Road per the Master Street Plan was 30-feet from centerline. Staff also stated a dedication of an additional 10-feet would be required for the construction of a right turn lane. (Staff has since determined a right turn lane on Black Road is not required. Since the street does not extend to the north the northbound lane configuration will be one left turn, one combination through -left lane, and one right lane. ) Staff also stated the areas identified as floodway did not appear to be correct. Staff stated an in -lieu contribution for the bridge located at the southern boundary would be required. Staff also stated street construction per the Master Street Plan would be required. Staff stated if the cost of the improvements were in excess of 15 percent of the total project cost a hardship could be established and an in -lieu contribution could be accepted for the cost of improvements. Staff stated it was the developers job to provide staff with the cost estimates for construction of the project and the cost of the associated street improvements for staff to determine if the hardship did exist. Landscaping comments were addressed. Staff stated the site plan did not comply with the typical landscape strips along the perimeters of the site. Staff stated typically a 25-foot landscape strip was required along the perimeter. Staff also stated typically a 30-foot building setback was required for the side yard setbacks. Staff noted the site plan indicated a 20-foot setback and landscape strip. Staff noted comments from the various other reporting departments and agencies. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing most of the issues raised at the May 29, 2008, Subdivision Committee meeting. The site plan indicates the placement of an eight foot screening fence along the eastern perimeter up to the floodway. A screening fence is not proposed along the southern perimeter since the entire southern perimeter is located within the floodway. The applicant has indicated the areas located within the floodway will be screened as allowed per City ordinance and the Public Works Department. Berming will be used along Highway 10 within the front 40-foot landscaped area. )i June 19, 2008 SUBDIVISION M NO.: 9.1 (Cont. FILE NO.: Z-8348 The applicant has indicated the hours of operation will be from 9 am to 6 pm Monday through Friday initially. As the business grows the hours will be extended to Saturday from 8 am to 2 pm. The proposal is to construct a new 1,800 square foot building and maintain one of the existing buildings located in the southern portion of the site. The applicant has indicated any modifications to the existing structure will comply with City standards for rehabilitation of structures within a floodway. The existing building will be used for storage of pool chemicals and supplies. The new building will also house pool supplies and a display for hot tubs. Within the front yard 100-foot building setback a 14-foot by 20-foot in -ground pool will be constructed complete with concrete aprons. The area will be extensively landscaped as a display area for customers to visualize the product available. The site plan indicates the placement of four parking spaces and a small loading area. The ordinance would typically require the placement of six parking spaces. According to the owner four spaces will serve the needs of the development. There will be only one employee of the business and customer traffic is expected to be staggered not generating a great demand for parking. /A portion of the paving for the parking is located within the floodway. The FP, Floodplain District section of the ordinance 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 (Section 36-341(2)(d)). The ordinance also requires no building to be placed any closer than 25-feet form the established floodway line. The building has been indicated with an adequate setback from the floodway line. The site plan indicates the placement of a 5-foot side yard setback and landscaped area along the eastern perimeter. The ordinance would typically require the placement of a 25-foot landscape strip and a 30-foot building setback. Along the western perimeter for the first 150-feet the required landscape strip is seven feet where the site is not proposing the placement of a parking area and is adjacent to commercially zoned property. The remainder of the site would require the placement of a 15-foot landscape strip per the Highway 10 DOD. The site plan is complying with the exception of the proposed parking area. Within this area based on the Landscape Ordinance requirements a minimum of nine feet of landscaping is required. Within this area it appears the landscape strip proposed is zero. The applicant has indicated site lighting will comply with the typical ordinance standard of the Highway 10 DOD. All site and parking lot lighting will be low level and will not spill onto adjacent properties or the corridor. 7 June 19, 2008 SUBDIVISION ITEM NO.: 9.1 (Cont.) FILE NO.: Z-8348 • he site plan indicates the placement of a single ground mounted monument style sign not to exceed six feet in height and seventy-two square feet in area. Building signage is proposed consistent with signage allowed per commercial zones or a maximum of ten percent of the facade area. The signage as proposed complies with the Highwa 10 DOD. Staff is not supportive of the proposed use or the site plan as proposed. The proposed use of the property is typically allowed as a C-4, Open Display District use. Although there are other pool supply businesses located on Highway 10, these businesses do not have outdoor display of product or inventory. Based on the current land use plan, the commercial uses have been limited to the west side of Black Road and east of Black Road has been held for residential including low density residential stepping down to single-family. In addition, there are a number of variations from the Highway 10 DOD related to the development of the site. The proposed eastern setback and landscape strip is not adequate to meet the typical ordinance standard and are proposed at minimal five foot. The proposed landscape area along Black Road adjacent to the parking area is not adequate to meet the overlay or the landscape ordinance requirements and is indicated at or near zero. The site plan also indicates the paving within the floodway, which is typically prohibited. Based the proposed use of the property and the inconsistencies with the overlay standards, staff is not supportive of the request. STAFF RECOMMENDATIONS Staff recommends denial of the request. PLANNING COMMISSION ACTION: (JUNE 19, 2008) Mr. Eric Krebs was present representing the applicant. Staff presented the item stating they were not in support of the request and presenting a recommendation of denial. Mr. Krebs stated the site had not been occupied since 2006 and the site had not been used as residential since the 1960's. He stated the site was most recently used as storage and workshop area. He stated the developers intended to construct a display pool within the front yard area and landscape the site heavily to accent their product. He stated there were few occupied residences in the area. He stated the site south of the development was most recently used as a beauty salon. He stated the site would not likely be used as residential. He stated there were limits on the site with the floodplain and floodway. He stated the site was also located at the intersection of an arterial and collector street and once the bridge was replaced and access secured to the south the street would generated a great deal of traffic. .11 June 19, 2008 SUBDIVISION ITEM NO.: 9.1 Cont. FILE NO.: Z-8348 Mr. Jessie Gibson addressed the Commission on behalf of his client Ada Norwood. He stated Ms. Norwood's family owned property in the area and were long standing members of the Pankey Community. He stated Ms. Norwood was concerned with the placement of a commercial business at this location. He stated she was also concerned with potential chemicals a pool business might expose the neighborhood to. He stated the land use in the area was residential and the commercial business would be out of character with the neighborhood. Mr. Gibson stated there was a concern with the display pool area and the hazards the pool might impose on the neighborhood. He stated the development was inconsistent with the Highway 10 Overlay. He stated there were a number of places both east and west of the site where the development could occur and not impact the residential areas. Ms. Ruth Bell addressed the Commission in opposition. She stated there had been a long term goal of preserving the Pankey Community. She stated the neighborhood was established and the City had grown around the community. She stated the area was an established neighborhood. She stated if the development was proposed in a downtown neighborhood the Commission would deny the request. She questioned if this area was different. There was a general discussion by the Commission of the difficulties for developing the site and the constraints imposed on the site by the Overlay and the F000dway. The Commission indicated their desire was to not approve something located in the floodway. The Commission noted the site was not far from Westchester Subdivision, which currently had a flooding problem. Mr. Krebs stated there was no construction in the floodway. He stated only the drive of the parking lot was located within the floodway. Commissioner Rector stated there was an existing building located in the floodway. Mr. Krebs stated if it was desired the developer would remove the building but they did desire to maintain the building for storage. Commissioner Hargraves stated the issue was bigger than the floodway. He stated there were concerns with the land use as well. He stated the request was to rezone the site from R-2, Single-family to a C-4, Open Display District use. He stated that was a stretch. He stated there was a structure being placed in the 100-foot building setback. He stated with all the issues he could not support the development. A motion was made to approve the rezoning request. The motion failed by a vote of 0 ayes, 8 noes, 2 absent and 1 recusal (Jeff Yates). 01