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HomeMy WebLinkAboutZ-8490 Staff AnalysisFILE NO_: Z-8490 NAME: Johnson Short -form PD-C LOCATION: Located at 4314 Asher Avenue DEVELOPER: Tracy Johnson C/o Stephen Giles, PA 425 West Capitol, Suite 3200 Little Rock, AR 72201 ENGINEER: White Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 0.335 acres CURRENT ZONIN ALLOWED USES PROPOSED ZONING PROPOSED USE: NUMBER OF LOTS: 1 C-4, Open Display District Commercial — Open Display PD-C Bar/grill, lounge or tavern VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: FT. NEW STREET: 0 LF The applicant is requesting a rezoning of the site from the current C-4, Open Display Zoning District to PD-C to allow the site to be redeveloped with a bar/grill, lounge or tavern. The site is currently vacant and is proposed with the construction of a two (2) story 4,500 square foot building. The site plan indicates the placement of 31 on -site parking spaces and indicates agreements to allow additional off site parking spaces. The hours of operation are from 9:00 pm to 2:00 am Thursday through Saturday. FILE NO.: Z-8490 (Cont. B. EXISTING CONDITIONS: The site is a vacant parcel located on the north side of Asher Avenue. This area contains a number of uses including auto repair, auto towing, bars, churches, a gas station, a funeral home, a hair salon, a mortgage company office and auto financing. This area of Asher Avenue also contains a number of vacant buildings and large paved areas. Further north of the site are single-family homes. This area of Asher Avenue does not have curb and gutter in place. There is an existing sidewalk which is in various states of disrepair. The alley located to the north of the site is a very narrow alley and is signed as one-way. C. NEIGHBORHOOD COMMENT As of this writing, staff has received several informational phone calls from area property owners. All property owners located within 200 feet, all residents, who could be identified, located within 300 feet of the site, the Curran Conway Neighborhood Association, the Goodwill Neighborhood Association, the Love Neighborhood Association, the Midway Neighborhood Association and the South of Asher Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS- 1 . Asher Avenue is classified on the Master Street Plan as a minor arterial with alternative design standards. A dedication of right-of-way 35 feet from centerline will be required. Show the centerline of the right-of-way on the site plan. 2. Sidewalks with appropriate handicap ramps and in compliance with ADA requirements are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. The existing sidewalk is in disrepair and maintenance is required. 3. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. 4. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). 5. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The lot must have a single driveway access centered on the property. The width of driveway must not exceed 36 feet. 6. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. K FILE NO.: Z-8490 (Cont. 7. An alley dedication should be made to 10 feet from centerline. The alley should be overlaid with asphalt prior to certificate of occupancy adjacent to the property. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to the project. Entergy: No comment received. Center -Point Energy: No comment received. 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 #14 — the Rosedale Route, F. ISSUESITECHNICAL/DESIGN: Planning Division: This request is located in the 1-630 Planning District. The Land Use Plan shows Commercial for this property. The applicant has applied for a rezoning for a Planned Development Commercial. The request does not require a change to the Land Use Plan. Master Street Plan: Asher Avenue 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 Asher since it is a Principal Arterial. This street 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 Oak Forest Neighborhood Action Plan. The Economic Development Goal states: Promote Asher Avenue and West 12th Street as viable commercial and service oriented locations/corridors." 3 FILE NO.: Z-8490 Cont. Landscape: 1. The site plan must comply with the City's landscape and buffer ordinance requirements. 2. Before a building permit is issued a landscape plan must be submitted to the City. Developments of two (2) acres or more require the landscape plan be affixed with the seal of a registered landscape architect. 3. A perimeter planting strip is required along any side of a vehicular use area that abuts adjoining property or the right-of-way of any street, highway or freeway. This strip must be at least nine (9) feet wide. 4. Street buffers are required in all instances. All sites developed, modified or enlarged must provide street buffers at six (6) percent of the average depth of the lot with a minimum dimension of one-half (1 /2) the full width requirement but in no case less than nine (9) feet. The maximum dimension required is fifty (50) feet. 5. Interior landscape areas must comprise at least eight (8) percent of any vehicular use area containing twelve (12) or more parking spaces. In order to apply toward the required eight (8) percent landscape area, the minimum size of an interior landscape area must be one hundred fifty (150) square feet for developments with one hundred fifty (150) or fewer parking spaces. Trees must be included in the interior landscape areas at the rate of one (1) tree for every twelve (12) parking spaces. Flexibility is permitted with placement of interior landscape islands, however, interior landscaping should be generally distributed throughout the vehicular use areas. 6. Interior planting island width must be not less than seven and one-half (7 1/2) feet in order to receive credit. 7. Dumpsters, loading docks, heating and air conditioning units, external storage of materials, communications equipment and similar outside activities and appurtenances must be screened from abutting properties and streets. The screen must exceed the height of the dumpster or trash containment areas by at least two (2) feet not to exceed eight (8) feet total height. 8. Landscape areas may be installed in the area immediately adjacent to the building or elsewhere on the site at the discretion of the responsible party. However, landscape areas must be provided between the vehicular use area used for public parking and the general vicinity of the building, excluding truck loading or service areas not open to public parking. These areas must be equal to an equivalent planter strip three (3) feet wide along the vehicular use area. G. SUBDIVISION COMMITTEE COMMENT: (August 13, 2009) Mr. Stephen Giles, Tracy Johnson and Stephen Yelenich were present representing the applicant. Staff presented an overview of the request stating there were a number of outstanding technical issues in need of addressing prior N FILE NO.: Z-8490 to the item being forwarded to the Commission for final action. Staff stated the site plan as presented was not a workable site plan. Staff stated a better option would be to bring the building to the street and provide parking in the rear yard area. Staff also stated if the building was located at the property line the landscaping street buffer would not be required except adjacent to paved areas which could be reduced to six feet nine inches (6'9"). Staff questioned the proposed signage plan. Staff also stated the parking requirement was one space for every one hundred gross square feet of building space. Mr. Johnson stated parking agreements had been reached with adjoining property owners. Staff requested copies of the parking agreements for the file. The Committee questioned the use of the property. Mr. Johnson stated the use of the property would be a bar and grill. Public Works comments were addressed. Staff stated right of way dedications on Asher Avenue and the alley were required. Staff stated sidewalks were required along Asher Avenue. Staff stated all broken curb, gutter and sidewalk would require repair prior to the issuance of a certificate of occupancy. Landscaping comments were noted. Staff stated any questions related to the landscape comments could be addressed at the time the revised site plan was submitted to staff for review. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing a number of issues raised at the August 13, 2009, Subdivision Committee meeting. The revised plan has "pulled" the building to the front property line and provided parking within the rear yard area. The parking is indicated with access from the alley located north of the site. Additional dedication and paving will be provided along the alley. The signage plan has not been provided to staff. The building is proposed as a two-story building containing 4,500 square feet. The site plan is indicates the placement of 31 on -site parking spaces. The use of the site as a bar and grill would typically require the placement of one parking space per one hundred square feet of gross floor area requiring 45 parking spaces. The site plan is indicated with 31 on -site parking spaces. Of the parking indicated, three spaces will be lost due to landscaping (one space) or required backing and turn around (two spaces) resulting in 28 on -site parking spaces. The developer has indicated agreements with nearby property owners to allow off -site parking but as of this writing, these agreements have not been provided to staff. G1 LE NO.: Z-8490 (Cont. Section 36-507, Location of off-street parking states all parking spaces provided pursuant to Chapter 36 shall be on the same lot with the building or within three hundred feet thereof. The distance to any parking area as herein required shall be measured between the nearest point of the off-street parking facility and the nearest point of the building said parking area or facility is to serve. Off -site parking shall not exceed twenty-five percent of the total number of spaces required by Chapter 36. All off site parking shall be noted on the zoning map so as to assure maintenance of the requirement. The applicant is proposing to place seventeen (17) or thirty-eight percent (38%) of the required parking spaces off -site. The detached parking facilities or satellite parking lots shall be zoned to allow the principal use the parking is intended to serve. The applicant has not provided staff with the location of the off -site parking areas to verify the zoning. The landscaping indicated on the site plan is not adequate to provide the required street buffer. Also the site plan as presented does not provide the minimum six foot nine inch (6'9") landscape strip along the eastern and western perimeters of the site. The landscape strip located within the proposed parking area is not adequate to meet the minimum width requirement to count towards the required interior landscaping requirements. Staff has concerns with the site plan as proposed. The site plan does not provide the required landscape strip along the property lines, the required interior landscaping or adequate street buffers. Staff also has concerns with the parking plan as presented. Staff has concerns with the placement of thirty-eight (38) percent of the required parking off -site and, not knowing the location of the off - site parking, staff cannot verify if the property is zoned appropriately. Based on the number of unresolved issues related to the site plan, staff cannot support the application as filed. STAFF RECOMMENDATION Staff recommends denial of the request as filed. PLANNING COMMISSION ACTION: (SEPTEMBER 3, 2009) Mr. Steve Giles and Mr. Tracy Johnson were present representing the request. Staff presented the item stating the applicant had submitted a revised site plan and additional information to staff addressing the issues raised by staff in the agenda write-up. Staff stated the revised plan indicated the construction of a 4,000 square foot two story building and 27 on -site parking spaces. Staff stated the applicant had provided an agreement with an adjoining property owner located across the alley to allow the use of 16 parking spaces. Staff stated with the on -site parking and the leased parking the applicant had at their disposal 43 parking spaces. Staff stated the ordinance typically required 40 parking spaces to serve the proposed use. L FILE NO.: Z-8490 (Cont. Staff stated Section 36-507, location of off-street parking stated all parking spaces provided pursuant to the zoning ordinance were to be on the same lot with the building or within three hundred feet of the building. Staff stated the distance to any parking area was measured between the nearest point of the off-street parking facility and the nearest point of the building the parking area or facility was to serve. Staff stated off - site parking was not to exceed twenty-five percent of the total number of spaces required by the zoning ordinance. Staff stated the detached parking facilities or satellite parking lots were to be zoned to allow the principal use the parking intended to serve. Staff stated the property proposed for off site parking was zoned C-3, General Commercial District. Staff stated the property was located within the 300-foot typical required parking distance. Staff stated the off -site parking resulted in 37 percent of the parking being located off site which was more than typically allowed per the zoning ordinance but staff was supportive of the parking as proposed since the parking was located immediately adjacent to the site across the alley. Staff stated the site plan indicated the placement of a dumpster located adjacent to the two parking spaces located off the alley. Staff stated the hours of operation for the business were from 9:00 pm to 2:00 am Thursday through Sunday. Staff stated the dumpster would be serviced during non -business hours. Staff stated the site plan as presently presented allowed for the minimum landscape strips per the Landscape Ordinance and the perimeter landscape strip was six feet seven -five inches. Staff stated the interior landscaping was indicated at the eight percent minimum. Staff stated building landscaping would be provided at the time of construction of the new building. Staff stated based on the revised site plan they were now supportive of the request. Staff stated they felt the applicant had done an adequate job in addressing their concerns related to the site plan and issues previously raised. Staff stated they did not feel the placement of the use on the site and the use of the adjacent parking area would significantly impact the area. Staff stated the site was located within an area of the City, which had historically been commercial and industrial uses. Staff stated a study of the Asher Avenue Corridor suggested the open display C-4 and Industrial uses be limited to the south side of Asher Avenue and the C-3 indoor retail activities be located on the north side of Asher Avenue. Staff stated the proposed use of the property fit with the plan for the area. Staff presented a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D,. E and F of the agenda staff report. Mr. Steve Giles addressed the Commission on behalf of the applicant. He stated the site plan had been revised to address staff's concerns. He stated the development was an in -fill development and the plan was a tight fit but was a workable plan. He requested the Commission allow the opposition to speak and he would then address any issues raised. 7 FILE NO.: Z-8490 (Cont Ms. Clarice Littleton Coleman addressed the Commission in opposition of the request. She stated she was the owner of the property next door. She stated Mr. Johnson had leased her property for the past three years and had an agreement with Mr. Johnson to purchase the property. She stated Mr. Johnson backed out on the agreement after he received his liquor license to operate a club at the proposed new location. She stated the area did not need another club. She stated there were four clubs within one-half a mile of the site. She stated placing two clubs side by side would create problems and would create congestion and traffic issues. The Commission questioned Ms. Coleman as to the location of her parking. She stated she had agreements with adjoining property owners in the area to allow her customers to park after hours. The Commission questioned the number of parking spaces available. She stated approximately 300 spaces were available for her use. Mr. Charles Webb addressed the Commission in opposition of the request. He stated he was co-owner of CC's the club next door. He stated his concern was the clientele served. He stated his customer base was an older crowd and Mr. Johnson catered to the younger patrons. He stated with two clubs located side by side there would be parking concerns. He stated it would be difficult to keep Mr. Johnson's customers from parking in his parking lots. Ms. Coleman continued to address the Commission. She stated there were a number of property owners opposed to placing the club in the area. She stated staff presented a recommendation of denial so the other owners did not feel the need to be present. She stated she would get the opposition to come to the Board of Directors meeting when the item was heard. She stated parking and traffic in the area were her two main concerns. Mr. Giles stated he appreciated Mr. Coleman's concerns but felt the site plan was a workable site plan. He stated the site plan had staff's support. He stated the parking his client was leasing was not parking mentioned by Ms. Coleman as her parking. There was a discussion of the Commission concerning land use and economic issues. Commissioner Rector stated the job of the Commission was not to determine if a development made good economic sense but to determine if a land use was appropriate for a site or area. A motion was made to approve the request as presented by staff based on the revised site plan submitted providing the additional landscaping and the parking agreements provided and to include all staff comments noted in the agenda write-up. The motion carried by a vote of 9 ayes, 1 no and 1 absent. 0 September 3, 2009 ITFM NO_- 14 NAME: Johnson Short -form PD-C LOCATION: Located at 4314 Asher Avenue DEVELOPER: Tracy Johnson C/o Stephen Giles, PA 425 West Capitol, Suite 3200 Little Rock, AR 72201 ENGINEER: White Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 0.335 acres CURRENT ZONING: ALLOWED USES: PROPOSED ZONING PROPOSED USE: MBER OF LOTS: 1 C-4, Open Display District Commercial — Open Display PD-C Bar/grill, lounge or tavern VARIANCESMAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: FILE NO.: Z-8490 FT. NEW STREET: 0 LF The applicant is requesting a rezoning of the site from the current C-4, Open Display Zoning District to PD-C to allow the site to be redeveloped with a bar/grill, lounge or tavern. The site is currently vacant and is proposed with the construction of a two (2) story 4,500 square foot building. The site plan indicates the placement of 31 on -site parking spaces and indicates agreements to allow additional off site parking spaces. The hours of operation are from 9:00 pm to 2:00 am Thursday through Saturday. September 3, 2009 SUBDIVISION ITEM NO.: 14 (Cont.) FILE NO.: Z-84 B. EXISTING CONDITIONS: The site is a vacant parcel located on the north side of Asher Avenue. This area contains a number of uses including auto repair, auto towing, bars, churches, a gas station, a funeral home, a hair salon, a mortgage company office and auto financing. This area of Asher Avenue also contains a number of vacant buildings and large paved areas. Further north of the site are single-family homes. This area of Asher Avenue does not have curb and gutter in place. There is an existing sidewalk which is in various states of disrepair. The alley located to the north of the site is a very narrow alley and is signed as one-way. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area property owners. All property owners located within 200 feet, all residents, who could be identified, located within 300 feet of the site, the Curran Conway Neighborhood Association, the Goodwill Neighborhood Association, the Love Neighborhood Association, the Midway Neighborhood Association and the South of Asher Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Asher Avenue is classified on the Master Street Plan as a minor arterial with alternative design standards. A dedication of right-of-way 35 feet from centerline will be required. Show the centerline of the right-of-way on the site plan. 2. Sidewalks with appropriate handicap ramps and in compliance with ADA requirements are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. The existing sidewalk is in disrepair and maintenance is required. 3. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. 4. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). 5. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The lot must have a single driveway access centered on the property. The width of driveway must not exceed 36 feet. September 3, 2009 SUBDIVISION ITEM NO.: 14 (Cont. FILE NO.: Z-8490 6. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 7. An alley dedication should be made to 10 feet from centerline. The alley should be overlaid with asphalt prior to certificate of occupancy adjacent to the property. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to the project. Enter : No comment received. Center -Point Energv: No comment received. 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 #14 — the Rosedale Route. F. ISSUES/TECHNICAL/DESIGN-- Planning Division: This request is located in the 1-630 Planning District. The Land Use Plan shows Commercial for this property. The applicant has applied for a rezoning for a Planned Development Commercial. The request does not require a change to the Land Use Plan. Master Street Plan: Asher Avenue 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 Asher since it is a Principal Arterial. This street 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 Oak Forest Neighborhood Action Plan. The Economic Development Goal states: "Promote K? September 3, 2009 SUBDIVISION ITEM NO.: 14 (Cont. FILE NO.: Z-8490 Asher Avenue and West 12th Street as viable commercial and service oriented locations/corridors." Landscape: 1. The site plan must comply with the City's landscape and buffer ordinance requirements. 2. Before a building permit is issued a landscape plan must be submitted to the City. Developments of two (2) acres or more require the landscape plan be affixed with the seal of a registered landscape architect. 3. A perimeter planting strip is required along any side of a vehicular use area that abuts adjoining property or the right-of-way of any street, highway or freeway. This strip must be at least nine (9) feet wide. 4. Street buffers are required in all instances. All sites developed, modified or enlarged must provide street buffers at six (6) percent of the average depth of the lot with a minimum dimension of one-half (1/2) the full width requirement but in no case less than nine (9) feet. The maximum dimension required is fifty (50) feet. 5. Interior landscape areas must comprise at least eight (8) percent of any vehicular use area containing twelve (12) or more parking spaces. In order to apply toward the required eight (8) percent landscape area, the minimum size of an interior landscape area must be one hundred fifty (150) square feet for developments with one hundred fifty (150) or fewer parking spaces. Trees must be included in the interior landscape areas at the rate of one (1) tree for every twelve (12) parking spaces. Flexibility is permitted with placement of interior landscape islands, however, interior landscaping should be generally distributed throughout the vehicular use areas. 6. Interior planting island width must be not less than seven and one-half (7 1/2) feet in order to receive credit. 7. Dumpsters, loading docks, heating and air conditioning units, external storage of materials, communications equipment and similar outside activities and appurtenances must be screened from abutting properties and streets. The screen must exceed the height of the dumpster or trash containment areas by at least two (2) feet not to exceed eight (8) feet total height. 8. Landscape areas may be installed in the area immediately adjacent to the building or elsewhere on the site at the discretion of the responsible party. However, landscape areas must be provided between the vehicular use area used for public parking and the general vicinity of the building, excluding truck loading or service areas not open to public parking. These areas must be equal to an equivalent planter strip three (3) feet wide along the vehicular use area. 4 September 3, 2009 ci iRnivicinN ITEM NO.: 14 Cont. FILE NO.: Z-8490 G. SUBDIVISION COMMITTEE COMMENT: (August 13, 2009) Mr. Stephen Giles, Tracy Johnson and Stephen Yelenich were present representing the applicant. Staff presented an overview of the request stating there were a number of outstanding technical issues in need of addressing prior Jo the item being forwarded to the Commission for final action. Staff stated the site plan as presented was not a workable site plan. Staff stated a better option would be to bring the building to the street and provide parking in the rear yard area. Staff also stated if the building was located at the property line the landscaping street buffer would not be required except adjacent to paved areas which could be reduced to six feet nine inches (69"). Staff questioned the proposed signage plan. Staff also stated the parking requirement was one space for every one hundred gross square feet of building space. Mr. Johnson stated parking agreements had been reached with adjoining property owners. Staff requested copies of the parking agreements for the file. The Committee questioned the use of the property. Mr. Johnson stated the use of the property would be a bar and grill. Public Works comments were addressed. Staff stated right of way dedications on Asher Avenue and the alley were required. Staff stated sidewalks were required along Asher Avenue. Staff stated all broken curb, gutter and sidewalk would require repair prior to the issuance of a certificate of occupancy. Landscaping comments were noted. Staff stated any questions related to the landscape comments could be addressed at the time the revised site plan was submitted to staff for review. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing a number of issues raised at the August 13, 2009, Subdivision Committee meeting. The revised plan has "pulled" the building to the front property line and provided parking within the rear yard area. The parking is indicated with access from the alley located north of the site. Additional dedication and paving will be provided along the alley. The signage plan has not been provided to staff. The building is proposed as a two-story building containing 4,500 square feet. The site plan is indicates the placement of 31 on -site parking spaces. The use of 5 September 3, 2009 SUBDIVISION ITEM NO.: 14(Cont.)FILE NO.: Z-8490 the site as a bar and grill would typically require the placement of one parking space per one hundred square feet of gross floor area requiring 45 parking spaces. The site plan is indicated with 31 on -site parking spaces. Of the parking indicated, three spaces will be lost due to landscaping (one space) or required backing and turn around (two spaces) resulting in 28 on -site parking spaces. The developer has indicated agreements with nearby property owners to allow off -site parking but as of this writing, these agreements have not been provided to staff. Section 36-507, Location of off-street parking states all parking spaces provided pursuant to Chapter 36 shall be on the same lot with the building or within three hundred feet thereof. The distance to any parking area as herein required shall be measured between the nearest point of the off-street parking facility and the nearest point of the building said parking area or facility is to serve. Off -site parking shall not exceed twenty-five percent of the total number of spaces required by Chapter 36. All off site parking shall be noted on the zoning map so as to assure maintenance of the requirement. The applicant is proposing to place seventeen (17) or thirty-eight percent (38%) of the required parking spaces off -site. The detached parking facilities or satellite parking lots shall be zoned to allow the principal use the parking is intended to serve. The applicant has not provided staff with the location of the off -site parking areas to verify the zoning. The landscaping indicated on the site plan is not adequate to provide the required street buffer. Also the site plan as presented does not provide the minimum six foot nine inch (6'9") landscape strip along the eastern and western perimeters of the site. The landscape strip located within the proposed parking area is not adequate to meet the minimum width requirement to count towards the required interior landscaping requirements. Staff has concerns with the site plan as proposed. The site plan does not provide the required landscape strip along the property lines, the required interior landscaping or adequate street buffers. Staff also has concerns with the parking plan as presented. Staff has concerns with the placement of thirty-eight (38) percent of the required parking off -site and, not knowing the location of the off - site parking, staff cannot verify if the property is zoned appropriately. Based on the number of unresolved issues related to the site plan, staff cannot support the application as filed. STAFF RECOMMENDATION: Staff recommends denial of the request as filed. C� September 3, 2009 SUBDIVISION ITEM NO.: 14 (Cont, FILE NO.: Z-84 PLANNING COMMISSION ACTION: (SEPTEMBER 3, 2009) Mr. Steve Giles and Mr. Tracy Johnson were present representing the request. Staff presented the item stating the applicant had submitted a revised site plan and additional information to staff addressing the issues raised by staff in the agenda write-up. Staff stated the revised plan indicated the construction of a 4,000 square foot two story building and 27 on -site parking spaces. Staff stated the applicant had provided an agreement with an adjoining property owner located across the alley to allow the use of 16 parking spaces. Staff stated with the on -site parking and the leased parking the applicant had at their disposal 43 parking spaces. Staff stated the ordinance typically required 40 parking spaces to serve the proposed use. Staff stated Section 36-507, location of off-street parking stated all parking spaces provided pursuant to the zoning ordinance were to be on the same lot with the building or within three hundred feet of the building. Staff stated the distance to any parking area was measured between the nearest point of the off-street parking facility and the nearest point of the building the parking area or facility was to serve. Staff stated off - Site parking was not to exceed twenty-five percent of the total number of spaces required by the zoning ordinance. Staff stated the detached parking facilities or satellite parking lots were to be zoned to allow the principal use the parking intended to serve. Staff stated the property proposed for off site parking was zoned C-3, General Commercial District. Staff stated the property was located within the 300-foot typical required parking distance. Staff stated the off -site parking resulted in 37 percent of the parking being located off site which was more than typically allowed per the zoning ordinance but staff was supportive of the parking as proposed since the parking was located immediately adjacent to the site across the alley. Staff stated the site plan indicated the placement of a dumpster located adjacent to the two parking spaces located off the alley. Staff stated the hours of operation for the business were from 9:00 pm to 2:00 am Thursday through Sunday. Staff stated the dumpster would be serviced during non -business hours. Staff stated the site plan as presently presented allowed for the minimum landscape strips per the Landscape Ordinance and the perimeter landscape strip was six feet seven -five inches. Staff stated the interior landscaping was indicated at the eight percent minimum. Staff stated building landscaping would be provided at the time of construction of the new building. Staff stated based on the revised site plan they were now supportive of the request. Staff stated they felt .the applicant had done an adequate job in addressing their concerns related to the site plan and issues previously raised. Staff stated they did not feel the placement of the use on the site and the use of the adjacent parking area would significantly impact the area. Staff stated the site was located within an area of the City, which had historically been commercial and industrial uses. Staff stated a study of the 7 September 3, 2009 SUBDIVISION ITEM NO.: 14 (Cont. FILE NO.: Z-8490 Asher Avenue Corridor suggested the open display C-4 and Industrial uses be limited to the south side of Asher Avenue and the C-3 indoor retail activities be located on the north side of Asher Avenue. Staff stated the proposed use of the property fit with the plan for the area. Staff presented a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Mr. Steve Giles addressed the Commission on behalf of the applicant. He stated the site plan had been revised to address staff's concerns. He stated the development was an in -fill development and the plan was a tight fit but was a workable plan. He requested the Commission allow the opposition to speak and he would then address any issues raised. Ms. Clarice Littleton Coleman addressed the Commission in opposition of the request. She stated she was the owner of the property next door. She stated Mr. Johnson had leased her property for the past three years and had an agreement with Mr. Johnson to purchase the property. She stated Mr. Johnson backed out on the agreement after he received his liquor license to operate a club at the proposed new location. She stated the area did not need another club. She stated there were four clubs within one-half a mile of the site. She stated placing two clubs side by side would create problems and would create congestion and traffic issues. The Commission questioned Ms. Coleman as to the location of her parking. She stated she had agreements with adjoining property owners in the area to allow her customers to park after hours. The Commission questioned the number of parking spaces available. She stated approximately 300 spaces were available for her use. Mr. Charles Webb addressed the Commission in opposition of the request. He stated he was co-owner of CC's the club next door. He stated his concern was the clientele served. He stated his customer base was an older crowd and Mr. Johnson catered to the younger patrons. He stated with two clubs located side by side there would be parking concerns. He stated it would be difficult to keep Mr. Johnson's customers from parking in his parking lots. Ms. Coleman continued to address the Commission. She stated there were a number of property owners opposed to placing the club in the area. She stated staff presented a recommendation of denial so the other owners did not feel the need to be present. She stated she would get the opposition to come to the Board of Directors meeting when the item was heard. She stated parking and traffic in the area were her two main concerns. Mr. Giles stated he appreciated Mr. Coleman's concerns but felt the site plan was a workable site plan. He stated the site plan had staff's support. He stated the parking his client was leasing was not parking mentioned by Ms. Coleman as her parking. September 3, 2009 SUBDIVISION ITEM NO.: 14 (Cont. I9IIWN10 WA :I,P111 There was a discussion of the Commission concerning land use and economic issues. Commissioner Rector stated the job of the Commission was not to determine if a development made good economic sense but to determine if a land use was appropriate for a site or area. A motion was made to approve the request as presented by staff based on the revised site plan submitted providing the additional landscaping and the parking agreements provided and to include all staff comments noted in the agenda write-up. The motion carried by a vote of 9 ayes, 1 no and 1 absent. A ITEM NO.: 14. Z-8490 NAME: Johnson Short -form PD-C LOCATION: located at 4314 Asher Avenue Planning Staff Comments: 1. Provide notification of all property owners located within 200-feet of the site, complete with the certified abstract list, notice form with affidavit executed and proof of mailing. The notice must be mailed no later than August 19, 2009. The Office of Planning and Development must receive the proof of notice no later than August 28, 2009. 2. The site plan as proposed is not workable. The drive lanes, the parking stall depth, the back -out depth is inadequate to serve typical parking lot construction per the ordinance. The site plan as presented indicates parking backing into Asher Avenue. 3. The ordinance typically requires a minimum stall depth of 20-feet and a minimum backing area of 20 feet. Angled parking should have a minimum of 30-feet to accommodate the parking stall and required back out distance. 34-feet is recommended. 4. The ordinance would typically require the placement of 45 parking spaces to serve the proposed use. The plan indicates 24 spaces. 5. The building scales 50' x 79'. The site plan states the building is 50' x 90'. 6. The ordinance typically requires a perimeter planting strip of six feet nine inches around the perimeter of the site abutting paved surfaces. The site pan does not indicate any landscaped areas. 7. The ordinance typically requires the placement of a landscape strip along the abutting streets with a minimum width of six feet nine inches. Variance/Waivers: None requested. Public Works Conditions: 1. Asher Avenue is classified on the Master Street Plan as a minor arterial with alternative design standards. A dedication of right-of-way 35 feet from centerline will be required. Show the centerline of the right-of-way on the site plan. 2. Sidewalks with appropriate handicap ramps and in compliance with ADA requirements are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. The existing sidewalk is in disrepair and maintenance is required. 3. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. 4. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). Item # 14. 5. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The lot must have a single driveway access centered on the property. The width of driveway must not exceed 36 feet. 6. Repair or replace any curb and gutter or sidewalk that is damaged in the public right- of-way prior to occupancy. 7. An alley dedication should be made to 10 feet from centerline. The alley should be overlaid with asphalt prior to certificate of occupancy adjacent to the property. Utilities and Fire Department/County Planning: Wastewater: Sewer available to the project. Entergy: No comment received. Center -Point Energy: No comment received. 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 #14 — the Rosedale Route. Planning Division: This request is located in the 1-630 Planning District. The Land Use Plan shows Commercial for this property. The applicant has applied for a rezoning for a Planned Development Commercial. The request does not require a change to the Land Use Plan. Master Street Plan: Asher Avenue 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 Asher since it is a Principal Arterial. This street 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 Oak Forest Neighborhood Action Plan. The Economic Development Goal states: "Promote Asher Avenue and West 12th Street as viable commercial and service oriented locations/corridors." Landscape: 1. The site plan must comply with the City's minimal landscape and buffer ordinance requirements. Item # 14. 2. Before a building permit is issued a landscape plan must be submitted to the City. Developments of two (2) acres or more require the landscape plan be affixed with the seal of a registered landscape architect. 3. A perimeter planting strip is required along any side of a vehicular use area that abuts adjoining property or the right-of-way of any street, highway or freeway. This strip must be at least nine (9) feet wide. 4. Street buffers are required in all instances. All sites developed, modified or enlarged must provide street buffers at six (6) percent of the average depth of the lot with a minimum dimension of one-half (1/2) the full width requirement but in no case less than nine (9) feet. The maximum dimension required is fifty (50) feet. 5. Interior landscape areas must comprise at least eight (8) percent of any vehicular use area containing twelve (12) or more parking spaces. In order to apply toward the required eight (8) percent landscape area, the minimum size of an interior landscape area must be one hundred fifty (150) square feet for developments with one hundred fifty (150) or fewer parking spaces. Trees must be included in the interior landscape areas at the rate of one (1) tree for every twelve (12) parking spaces. Flexibility is permitted with placement of interior landscape islands, however, interior landscaping should be generally distributed throughout the vehicular use areas. 6. Interior planting island width must be not less than seven and one-half (7 1/2) feet in order to receive credit. 7. Dumpsters, loading docks, heating and air conditioning units, external storage of materials, communications equipment and similar outside activities and appurtenances must be screened from abutting properties and streets. The screen must exceed the height of the dumpster or trash containment areas by at least two (2) feet not to exceed eight (8) feet total height. 8. Landscape areas may be installed in the area immediately adjacent to the building or elsewhere on the site at the discretion of the responsible party. However, landscape areas must be provided between the vehicular use area used for public parking and the general vicinity of the building, excluding truck loading or service areas not open to public parking. These areas must be equal to an equivalent planter strip three (3) feet wide along the vehicular use area. 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, August 19, 2009. Item # 14.