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HomeMy WebLinkAboutZ-8834 Staff AnalysisMarch 7, 2013 ITEM NO.: A FILE NO.: Z-8834 NAME: Mapco Express Short -form PCD and Alley Abandonment for a North/South Alley, the South Y2 of Block 141 Original City LOCATION: Located North of 3rd Street between State and Izard Streets DEVELOPER: NTI Investments LLC 7102 Commerce Way Brentwood, TN 37027 ENGINEER: Barge, Waggoner, Sumner and Cannon, Inc. Jay Fulmer, PE 211 Commerce Street, Suite 600 Nashville, TN 37201 SURVEYOR: Global Surveying 6511 Heilman Court North Little Rock, AR 72118 AREA: 1.224 acres NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF CURRENT ZONING: UU, Urban Use District ALLOWED USES: Various uses including residential, office, retail and industrial PROPOSED ZONING: PCD PROPOSED USE: Convenience store with gas pumps VARIANCESIWAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT: The applicant is seeking a rezoning of this site from UU, Urban Use District to PCD to allow the redevelopment of this site with a convenience store with gas pumps. In addition the applicant is requesting a right of way abandonment for a March 7, 2013 SUBDIVISION ITEM NO.: A Cont. FILE NO.: Z-8834 north/south alley located within the proposed development area. The project will include a 4,780 square foot convenience mart and a canopy covering over eight (8) fueling islands. In addition, there will be an outdoor patio, approximately 600 square feet, for outdoor dining, as the convenience mart includes a restaurant as well as other food sales. The proposed alley abandonment includes the south half of a 20-foot alley located in Block 141, Original City of Little Rock. The abandonment is 20-feet by 168.91-feet and contains 3,389 square feet. Easements will be retained within the abandonment area. B. EXISTING CONDITIONS: The property is one-half block located north of 3rd Street, between Izard and Chester Streets. The site is currently paved with a landscaped strip located within the western portion of the site. Within this area there is a large trunk diameter tree. The perimeters contain a number of street trees. There are a number of uses located in this area including office, residential and commercial uses. North of the site is an financial advisor's office located within a converted single-family home. Further north is a vacant commercial building located on the corner of West 2"d and Chester Streets. There are other office uses located north of the site along West 2"d Street and south of the site along West 3rd Street. Along the northwestern boundary is a vacant building previously used as an engineering office. East of the site are office uses including a three story office building which was recently used as a testing center. West of the site are residential uses. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents. All property owners located within 200 feet of the site and the Downtown Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. 3rd Street is classified on the Master Street Plan as a minor arterial with special design standards. A dedication of right-of-way 35 feet from centerline will be required. 2. A 20 foot radial dedication of right-of-way is required at the intersection of State Street and West 3rd Street. 2 March 7, 2013 SUBDIVISION ITEM NO.: A FILE NO.: Z-8834 3. A 20 foot radial dedication of right-of-way is required at the intersection of W 3rd Street and Izard Street. 4. With the alley abandonment request, access is shown to be removed by a retaining wall, curb, and gutter on the south end of the alley. Access should be provided. 5. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 6. Sidewalks with appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. The width of the sidewalk should be increased to six (6) feet adjacent to West 3rd Street. 7. Handicap ramps located at the Izard Street/3rd Street and the State Street/3rd Street intersections should be constructed as Type 2 ramps per Public Works detail PW-50. 8. Due to obstruction of site distance caused by vehicles making left turns with 3 lane driveways, all driveway widths should be reduced to 2 lanes and a maximum 27 feet. 9. Easements should be provided for all utilities located within the proposed alley abandonment. 10. 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). 11. Stormwater detention ordinance applies to this property. 12. If disturbed area is one (1) or more acres, obtain a NPDES stormwater permit from the Arkansas Department of Environmental Quality prior to the start of construction. 13. Street Improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. 14. Remove all old curb cuts not used. 15. On site striping and signage plans should be forwarded to Public Works, Traffic Engineering for approval with the site development package. 16. Per City intersection sight distance requirements, the sign located at State Street/3rd Street intersection is within the 50 foot sight distance triangle and should be removed north out of the triangle. 17. Per City intersection sight distance requirements, the closest trees to be located near the State Street/3rd Street intersection and near the Izard Street/3rd Street intersection and within the 50 foot sight distance triangle should be relocated to the back of the sidewalk. t1 March 7, 2013 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-8834 18. Obtain a franchise agreement from Public Works (Bennie Nicolo, 371-4818) for the private improvements located in the right-of-way. These improvements include street trees, irrigation systems, and any other private improvements. 19. Damage to public and private property due to hauling operations or operation of construction related equipment from a nearby construction site shall be repaired by the responsible party prior to issuance of a certificate of occupancy. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING - Wastewater: Sewer available to this project. Easement must be retained on alley abandonment. Existing sewer main in alley right of way. Contact Little Rock Wastewater Utility for additional information. Entergy: No comment received. Center -Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: Central Arkansas Water retains easement rights within the alley as shown on the site plan for abandonment. All Central Arkansas Water requirements in effect at the time of request for water service must be met. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the developer's expense. Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. Contact Central Arkansas Water regarding the size and location of the water meter. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the Developer. Due to the nature of the facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water requires that upon installation of the RPZ assembly, successful test of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by Central Arkansas Water. The test results must be sent to Central Arkansas Water's Cross Connection Section within ten (10) days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like 2 March 7, 2013 SUBDIVISION ITEM NO.: A FILE NO.: Z-8834 to discuss backflow prevention requirements for this project. The facilities on -site will be private. When meters are planned off private lines, private facilities shall be installed to Central Arkansas Water's material and construction specifications and installation will be inspected by an engineer, licensed to practice in the State of Arkansas. Execution of a Customer Owned Line Agreement is required. Fire Department: Maintain access of at least twenty (20) feet; fire hydrants per Code. Contact Fire Marshall Tony Rhodes at 607-3560 with any questions. Counly Planning: No comment. CATA: The site is located on CATA Bus Routes #1, the Pulaski Heights Route and #8, the Rodney Parham Route. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Downtown Planning District. The Land Use Plan shows Mixed Use Urban (MXU) for this property. The Mixed Use Urban category provides for a mix of residential, office and commercial uses not only in the same block but also within the same structure. This category is intended for older "urban" areas to allow dissimilar uses to exist, which support each other to create a vital area. Development should reinforce the urban fabric cresting a 24-hour activity area. The applicant has applied for a rezoning from UU (Urban Use District) to PCP (Planned Commercial District) to allow for development of a convenience store with gas pumps on this site. Master Street Plan: 3rd Street is Principal Arterial, State Street is a Collector and Izard Street is a Local Street on the Master Street Plans. A Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on 3`d Street. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. The primary function of a Local Street is to provide access to adjacent properties. Local Streets that are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as "Commercial Streets". A Collector design standard is used for Commercial Streets. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class II Bike Lane is shown along 3rd Street. Bike Lanes provide a portion of the pavement for the sole use of bicycles. March 7, 2013 SUBDIVISION ITEM NO.: A Cont. FILE NO.: Z-8834 Landscape: 1. Site plan must comply with the City's landscape and buffer ordinance requirements. 2. This site is located within the Urban Use (UU) area; therefore, street trees are required. 3. The zoning buffer ordinance requires a nine foot (9') wide street buffer along the southern perimeter of the site. This site is located within the designated mature area of the City; therefore, this amount can be reduced to six foot nine inches (6'-9"). Currently, this proposal does not meet this minimal ordinance requirement. 4. The zoning buffer ordinance requires an average eighteen foot (18') wide street buffer along the eastern and western perimeters of the site and is in no case to be less than half. The site plan appears to be meeting this minimal ordinance requirement. 5. The landscape ordinance requires a nine foot (9) wide perimeter landscape strip around the sites entirety. This proposal does not meet this minimal ordinance requirement; therefore, a variance must be obtained from the City Beautiful Commission prior to the issuance of a building permit. This amount can also be reduced to six foot nine inches (6-9"). 6. It appears a few of the non -handicap spaces are drawn larger in width than needed. Some of these can be reduced to nine foot (9') in width allowing for additional green space along the street. 7. The dumpster enclosure area appears to be deep; can it be brought closer to the driveway; reducing the amount of impermeable coverage. 8. The landscape ordinance requires a minimum of eight percent (8%) of the paved areas be landscaped with interior islands of at least 7 '/2 feet in width and 150 square feet in area. Interior islands are to be evenly distributed throughout the property. 9. A small amount of building landscaping will be required. 10. Is the Pecan tree shown to be saved in conjunction with this project? If so, credit can be given towards meeting the landscape ordinance. 11. An automatic irrigation system to water landscaped areas will be required. 12. 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. 1.1 March 7, 2013 SUBDIVISION ITEM NO • A (Cont.) FILE NO.: Z-8834 13. 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: (January 3, 2013) Mr. Jay Fulmer was present representing the request. Staff presented the item stating the property was located within the UU, Urban Use Zoning District which allowed various types of uses as long as the uses were located indoors. Staff stated the proposed convenience store did not meet the indoor aspect of the criteria and based on the number of variations from the development criteria the applicant was seeking to rezone the property to PCD. Staff requested Mr. Fulmer provide details for the development as related to the typical standards of the UU, Urban Use Zoning District. Public Works comments were addressed. Staff stated dedication of right of way and radial dedications were required along the abutting streets to comply with the City's Master Street Plan. Staff stated access to the alley was to be maintained from the north since the entire block of the alley was not being abandoned. Staff stated due to obstruction of site distance caused by vehicles making left turns with three (3) lane driveways, the driveway width on West 3rd Street was to be reduced to two (2) lanes and a maximum of 27-feet in width. Staff stated all old curb cuts not being used were to be removed. Landscaping comments were addressed. Staff stated the perimeter landscape strip around the sites entirety was to be a minimum of six feet nine inches (69"). Staff stated the street buffer required along the eastern and western perimeters was to be a minimum of 18-feet and in no case less than one-half. Staff stated a minimum of eight percent (8%) of the paved areas was to be landscaped with interior landscape islands. Staff stated prior to the issuance of a building permit a landscape plan, stamped with the seal of a registered landscape architect would be required. 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. 7 March 7, 2013 SUBDIVISIO ITEM NO.: A Cont. FILE NO.: Z-8834 H. ANALYSIS: The applicant submitted a revised cover letter and site plan to staff addressing a number of the issues raised at the January 3, 2013, Subdivision Committee meeting. The site contains 1.224 acres and is currently a commercial parking lot. The applicant is requesting a rezoning from UU, Urban Use District to Planned Commercial Development, PCD to allow the redevelopment of this site with a convenience store with restaurant and petroleum sales. The development includes a variance from the buffer and landscape ordinances to allow the landscape strip along West 3rd Street to be reduced to three (3) feet, east of the proposed driveway and to four feet six inches (4'6") along a portion of the northern perimeter. The landscape ordinance requires a nine foot (9) wide perimeter landscape strip around the sites entirety. This amount can be reduced to six feet nine inches (6-9") because the site is located within the Designated Mature Area of the City. The applicant is seeking a variance request from the City Beautiful Commission for the proposed reduction in the landscape strip as relates to the Landscape Ordinance requirements. The UU, Urban Use Zoning District has specific development criteria related to street trees and sidewalk placement. The applicant has worked with the City's Traffic Engineer concerning the placement of the proposed street trees to limit visual impacts of the trees on the motoring public. Staff feels the tree locations on the plan best maintain sight distances for this area. The following outlines the specific UU, Urban Use District criteria and the applicant's proposal: a. Lighting — any lighting is to be placed so as to reflect away from adjacent residential structures. Fixtures adjacent to roadways shall be of a design that minimizes glare to the motoring public. No excessive or unusual noise, odor or vibration shall be emitted so that it constitutes a nuisance, which substantially exceeds that general level of noise, odor or vibration emitted by uses adjacent to or immediately surrounding the site. The applicant has indicated all lighting will be installed to minimize impacts on the adjacent properties. A photometric plan can be provided to show the proposed lighting levels of less than a foot-candle at the property line. No excessive or unusual noise, odor or vibration shall be emitted so that it constitutes a nuisance, which substantially exceeds that general level of noise, odor or vibration emitted by uses adjacent to or immediately surrounding the site. 1.1 March 7, 2013 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-8834 b. All ground mounted mechanical systems and trash receptacles and pickup shall be oriented away from a primary street side of the property and screened from the public right of way. Ground mounted mechanical systems and trash receptacles shall be placed adjacent to alleys if alleys are available. The trash receptacles will be located along Izard Street. The receptacles will be screened per the typical ordinance requirements. The mechanical equipment will be screened as to not be visible from the abutting streets. c. No new drive-in or drive -through facilities may be visible or take direct access from a primary street. Not applicable. d. Fagade materials may be any standard material, except corrugated or ribbed materials. The materials proposed will be consistent with the typical DOD standards. e. All vehicular use areas are to be landscaped in compliance with Chapter 15, the City Landscape Ordinance. The plan includes a variance from this requirement. The applicant has applied with the City Beautiful Commission's February meeting date to seek the required variance. The plan falls below the minimum required landscape strip along a portion of the northern and southern perimeters. f. Street trees a minimum of three inch caliper are required. The trees are to be located a minimum of two feet off the back of a curb and be placed 30 feet on center and no closer than 30 feet to a street intersection with a water source provided. The tree canopy is to be maintained at least 8 feet above the sidewalk. The development will comply with this standard. g. Sidewalks are to be a minimum of five foot concrete walk, excluding the first two feet from the curb. Sidewalks are to provide a minimum seven foot horizontal clearance at a height of four feet from the ground. The development will comply with this standard. h. Buildings must be oriented to the street. The primary entrance of the building shall be at street level on the street at the sidewalk. Entrances shall be designed so that the door will not swing beyond the property line. The fagade along Izard Street does not meet this requirement, no customer entrance. i. The ground -level (street fronting) floor of nonresidential structures shall have a minimum surface area of sixty (60) percent transparent or window display. The 3'd Street and Izard Street sides do not meet this requirement. 9 March 7, 2013 SUBDIVISION ITEM NO.: A Cont. FILE NO.: Z-8834 j. Projections (all requirements for a franchise remain in place). i. Objects shall not project from the building facade over the public right-of-way except for awnings, balconies and signs as specified in Section 36-553. Not applicable. ii. Awnings shall not. project more than five (5) feet from the building facade and have a minimum clearance of eight (8) feet above the sidewalk. Not applicable. iii. Balconies over the public right-of-way shall have a minimum clearance of nine (9) feet above the sidewalk. The maximum projection shall be four (4) feet. Not applicable. k. Parking requirements. No off-street parking shall be required. I. Parking lots. Surface parking is to be located behind or adjacent to a structure, never between the building and abutting street. Parking is located within the front of the building. m. [Screening.] An opaque screening wall no less than three (3) feet in height shall be placed on the exterior perimeter of the first floor of the street frontage of all parking structures not otherwise required to have active uses or building facade construction as noted in subsection a. above. The screening wall shall extend above the finished floor of the first floor of the parking structure so as to screen vehicles in the parking structure. Not applicable. n. Signs — signage is allowed as in office and institutional zones or a maximum of six feet in height and 64 square feet in area. The signage plan will comply with the typical standards of the UU Zoning District. o. Permitted uses. Unless otherwise indicated, uses permitted shall include all those allowed in the residential districts, office districts and commercial districts as "permitted uses" in this chapter. All uses must be inside or enclosed except areas of outdoor dining. Outdoor aspect of the development/fueling center. p. Area regulations. Front yard. No setback is required except as noted below. (In no case may -a structure be built in the right-of-way.) i. Along Capitol Avenue, west of Broadway Street and east of Scott Street, the front building line shall be twenty-five (25) feet. Along Chester Street from 1-630 to La Harpe Boulevard, the front building line shall be ten (10) feet. Not applicable. 10 March 7, 2013 SUBDIVISION ITEM NO.: A Cont. FILE NO.: Z-8834 ii. In no case is the storage or parking of vehicles allowed in the front setback. Not applicable. iii. Rear yard. No setback required except where adjacent to lots containing single-family detached structures. In this case the rear yard shall have a setback of not less than twenty-five (25) feet. Not applicable. iv. Side yard. No setback required except where adjacent to lots containing single-family detached structures. In this case the side yards shall have a setback of not less than four (4) feet. Not applicable. Staff is not supportive of the requested rezoning. Staff does not feel this is an appropriate location for this type use. Staff feels the redevelopment of this '/z block as proposed will significantly impact redevelopment of other properties within this area. Primarily new construction and renovations within this area have been limited to office type uses. Immediately to the west of this site are residential units and Y2 block to the south are also residential units. Staff feels the 24-hour activity of a convenience store will adversely impact the quality of lives of the residents within these units. Although the UU, Urban Use Zoning District allows for a variety of uses staff does not feel this site is best suited for this use. STAFF RECOMMENDATION: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (JANUARY 24, 2013) The applicant was present. There were registered objectors present. Vice Chair Fountain stated the applicant had requested a deferral of this item to the March 7, 2013, public hearing. He stated the deferral request was not made within the typical time frame established by the Commission's By-laws with regard to deferral request. He requested the applicant come forward. Mr. Bill Spivey addressed the Commission on the deferral request. He stated his client was unaware of the magnitude of opposition to the request. He stated once the objections were noted to his client the request for deferral was made. He stated a number of the comment letters were sent to staff over the weekend and the first of this 11 March 7, 2013 SUBDIVISION ITEM NO.: A Cont. FILE NO.: Z-8834 week. He stated based on the receipt of the comments and the City offices being closed on Monday for the observation of Martin Luther King, Jr. Day the deferral request was made on Tuesday, the first date available to make the request. Mr. David Wood addressed the Commission in opposition of the deferral request. He stated the opposition had spent a great deal of time preparing for the meeting. He stated the notices were mailed within the time frame required by the Commission's By-laws but were mailed from Tennessee. He stated the property owners in the area had gone to a great effort to get the opposition to come out for this meeting. He requested the Commission deny the request for deferral. Ms. Evin Cassinelli addressed the Commission in opposition of the request. She stated the property owners had spent a great deal of time and rearranged schedules to be present at the meeting. She stated there were a number of property owners which would have a conflict with the March 7, 2013, hearing date. She stated she did not think the application would change enough to gain support. She stated she would like to Commission to hear the request at this meeting. Mr. Pat James addressed the Commission in opposition of the deferral request. He stated the opposition was present and ready to move forward. Mr. Brent Baber addressed the Commission in opposition of the deferral request. He stated the five day rule was put in place to establish fairness for the citizens. He stated he understood there was a way for the Commission to waive the five day rule under circumstances which warranted the deferral. Staff stated fairness was also to apply to the applicant as well as the citizens. Staff stated the reason for the public review process was to give due process. Staff stated they had told a number of interested persons the applicant was requesting a deferral and based on this comment there may have been some who wanted to address the Commission who did not come down. There was a general discussion by the Commission concerning their practice on allowing deferrals. Commissioner Nunnley questioned if those present could address the Commission. The Deputy City Attorney stated this was not a good idea since at the March meeting there could be a new Commissioner who would not have had the benefit of all the citizen input. Mr. Spivey addressed the Commission stating he fully appreciated the opposition to the deferral request but he and his client were unaware of the number of persons opposed to the request since a number of the letters were received over the weekend and the past few days. He stated his desire was to work with the citizens and minimize their concerns. He stated he desired for this client to be treated fairly as well as the citizenry of Little Rock. 12 March 7, 2013 SUBDIVISION ITEM NO.: A Cont. FILE NO.: Z-8834 There was no further discussion of the item. The Chair entertained a motion for a waiver of the By-laws and the deferral of the item to the March 7, 2013, public hearing. The motion carried by a vote of 9 ayes, 0 noes, 0 absent, 1 recusal (Chairman Bill Rector) and 1 open position. STAFF UPDATE: The applicant submitted a written request dated February 20, 2013, requesting withdrawal of this item without prejudice. Staff is supportive of the withdrawal request. PLANNING COMMISSION ACTION: (MARCH 7, 2013) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a written request dated February 20, 2013, requesting withdrawal of this item without prejudice. Staff stated they were supportive of the withdrawal request. There was no further discussion of the item. The Chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 10 ayes, 0 noes, 0 absent and 1 open position. 13 ITEM NQ.: 5. Z-8834 NAME: Mapco Express Short -form PCD and Alley Abandonment for a North/South Alley, the South Y2 of Block 141 Original City LOCATION: located North of 3Id Street between State and Izard Streets Planning Staff Comments: 1. Provide notification of the property owners located within 200-feet of the site including the certified abstract list, notice form with affidavit executed and proof of mailing. The notice must be mailed no later than January 9, 2013. The Office of Planning and Development must receive the proof of notice no later than January 18, 2013. 2. The property is located within the UU, Urban Use Zoning District — the development criteria is as follows: a. Lighting — any lighting is to be placed so as to reflect away from adjacent residential structures. Fixtures adjacent to roadways shall be of a design that minimizes glare to the motoring public. No excessive or unusual noise, odor or vibration shall be emitted so that it constitutes a nuisance, which substantially exceeds that general level of noise, odor or vibration emitted by uses adjacent to or immediately surrounding the site. b. All ground mounted mechanical systems and trash receptacles and pickup shall be oriented away from a primary street side of the property and screened from the public right of way. Ground mounted mechanical systems and trash receptacles shall be placed adjacent to alleys if alleys are available. Provide the location for the proposed mechanical equipment. c. No new drive-in or drive -through facilities may be visible or take direct access from a primary street. d. Fagade materials may be any standard material, except corrugated or ribbed materials. Provide the proposed construction materials. e. All vehicular use areas are to be landscaped in compliance with Chapter 15, the City Landscape Ordinance. The plan includes a variance from this requirement. f. Street trees a minimum of three inch caliper are required. The trees are to be located a minimum of two feet off the back of a curb and be placed 30 feet on center and no closer than 30 feet to a street intersection with a water source provided. The tree canopy is to be maintained at least 8 feet above the sidewalk. g. Sidewalks are to be a minimum of five foot concrete walk, excluding the first two feet from the curb. Sidewalks are to provide a minimum seven foot horizontal clearance at a height of four feet from the ground. h. Buildings must be oriented to the street. The primary entrance of the building shall be at street level on the street at the sidewalk. Entrances shall be designed so that the door will not swing beyond the property line. The Item # 5. facade along Izard Street does not meet this requirement, no customer entrance. i. The ground -level (street fronting) floor of nonresidential structures shall have a minimum surface area of sixty (60) percent transparent or window display. The 3rd Street and Izard Street sides do not meet this requirement. j. Projections (all requirements for a franchise remain in place). i. Objects shall not project from the building facade over the public right- of-way except for awnings, balconies and signs as specified in Section 36-553. Not applicable. ii. Awnings shall not project more than five (5) feet from the building facade and have a minimum clearance of eight (8) feet above the sidewalk. Does not appear to be applicable. iii. Balconies over the public right-of-way shall have a minimum clearance of nine (9) feet above the sidewalk. The maximum projection shall be four (4) feet. Does not appear to be applicable. k. Parking requirements. No off-street parking shall be required. I. Parking lots. Surface parking is to be located behind or adjacent to a structure, never between the building and abutting street. Parking in front of the building. m. [Screening.] An opaque screening wall no less than three (3) feet in height shall be placed on the exterior perimeter of the first floor of the street frontage of all parking structures not otherwise required to have active uses or building facade construction as noted in subsection a. above. The screening wall shall extend above the finished floor of the first floor of the parking structure so as to screen vehicles in the parking structure. n. Signs — signage is allowed as in office and institutional zones or a maximum of six feet in height and 64 square feet in area. The signage plan as presented indicates a sign 72 square feet in area. o. Permitted uses. Unless otherwise indicated, uses permitted shall include all those allowed in the residential districts, office districts and commercial districts as "permitted uses" in this chapter. All uses must be inside or enclosed except areas of outdoor dining. Outdoor aspect of the development/fueling center. p. Area regulations. Front yard. No setback is required except as noted below. (In no case may a structure be built in the right-of-way.) q. Along Capitol Avenue, west of Broadway Street and east of Scott Street, the front building line shall be twenty-five (25) feet. Along Chester Street from I- 630 to La Harpe Boulevard, the front building line shall be ten (10) feet. r. In no case is the storage or parking of vehicles allowed in the front setback. s. Rear yard. No setback required except where adjacent to lots containing single-family detached structures. In this case the rear yard shall have a setback of not less than twenty-five (25) feet. Item # 5. t. Side yard. No setback required except where adjacent to lots containing single-family detached structures. In this case the side yards shall have a setback of not less than four (4) feet. Not applicable. Variance/Waivers: None requested. Public Works Conditions: 1. 3rd Street is classified on the Master Street Plan as a minor arterial with special design standards. A dedication of right-of-way 35 feet from centerline will be required. 2. A 20 foot radial dedication of right-of-way is required at the intersection of State Street and West 3rd Street. 3. A 20 foot radial dedication of right-of-way is required at the intersection of W 3rd Street and Izard Street. 4. With the alley abandonment request, access is shown to be removed by a retaining wall, curb, and gutter on the south end of the alley. Access should be provided. 5. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 6. Sidewalks with appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. The width of the sidewalk should be increased to 6 feet adjacent to West 3rd Street. 7. Handicap ramps located at the Izard Street/3rd Street and the State Street/3rd Street intersections should be constructed as Type 2 ramps per Public Works detail PW-50. 8. Due to obstruction of site distance caused by vehicles making left turns with 3 lane driveways, all driveway widths should be reduced to 2 lanes and a maximum 27 feet. 9. Easements should be provided for all utilities located within the proposed alley abandonment. 10. 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). 11. Stormwater detention ordinance applies to this property. 12. If disturbed area is one (1) or more acres, obtain a NPDES stormwater permit from the Arkansas Department of Environmental Quality prior to the start of construction. 13. Street Improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. 14. Remove all old curb cuts not used. 15.On site striping and signage plans should be forwarded to Public Works, Traffic Engineering for approval with the site development package. 16. Per City intersection sight distance requirements, the sign located at State Street/3rd Street intersection is within the 50 foot sight distance triangle and should be removed north out of the triangle. 17. *****Per City intersection sight distance requirements, the closest trees to be located near the State Street/3rd Street intersection and near the Izard Street/3rd Item # 5. Street intersection and within the 50 foot sight distance triangle should be relocated to the back of the sidewalk. 18.Obtain a franchise agreement from Public Works (Bennie Nicolo, 371-4818) for the private improvements located in the right-of-way. These improvements include street trees, irrigation systems, and any other private improvements. 19. Damage to public and private property due to hauling operations or operation of construction related equipment from a nearby construction site shall be repaired by the responsible party prior to issuance of a certificate of occupancy. Utilities and Fire Department/County Planning: Wastewater: Sewer available to this project. Easement must be retained on alley abandonment. Existing sewer main in alley right of way. Contact Little Rock Wastewater Utility for additional information. Entergy: No comment received. Center -Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: Central Arkansas Water retains easement rights within the alley as shown on eh site plan for abandonment. All Central Arkansas Water requirements in effect at the time of request for water service must be met. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the developer's expense. Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. Contact Central Arkansas Water regarding the size and location of the water meter. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the Developer. Due to the nature of the facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water requires that upon installation of the RPZ assembly, successful test of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by Central Arkansas Water. The test results must be sent to Central Arkansas Water's Cross Connection Section within ten (10) days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. The facilities on -site will be private. When meters are planned off private lines, private facilities shall be installed to Central Arkansas Water's material and construction specifications and installation will be inspected by an engineer, licensed to practice in the State of Arkansas. Execution of a Customer Owned Line Agreement is required. Fire Department: Maintain access of at least twenty (20) feet; fire hydrants per Code. Contact Fire Marshall Tony Rhodes at 607-3560 with any questions. Item # 5. County Planning: No comment. CATA: The site is located on CATA Bus Routes #1, the Pulaski Heights Route and #8, the Rodney Parham Route. Parks and Recreation: No comment received. Planning Division: This request is located in the Downtown Planning District. The Land Use Plan shows Mixed Use Urban (MXU) for this property. The Mixed Use Urban category provides for a mix of residential, office and commercial uses not only in the same block but also within the same structure. This category is intended for older "urban" areas to allow dissimilar uses to exist, which support each other to create a vital area. Development should reinforce the urban fabric cresting a 24-hour activity area. The applicant has applied for a rezoning from UU (Urban Use District) to PCD (Planned Commercial District) to allow for development of a convenience store with gas pumps on this site. Master Street Plan: 3rd Street is Principal Arterial, State Street is a Collector and Izard Street is a Local Street on the Master Street Plans. A Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on 3rd Street. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. The primary function of a Local Street is to provide access to adjacent properties. Local Streets that are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as "Commercial Streets". A Collector design standard is used for Commercial Streets. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class II Bike Lane is shown along 3rd Street. Bike Lanes provide a portion of the pavement for the sole use of bicycles. Landscape: 1. Site plan must comply with the City's landscape and buffer ordinance requirements. 2. This site is located within the Urban Use (UU) area; therefore, street trees are required. 3. The zoning buffer ordinance requires a nine foot (9') wide street buffer along the southern perimeter of the site. This site is located within the designated mature area of the City; therefore, this amount can be reduced to six foot nine inches (6'-9"). Currently, this proposal does not meet this minimal ordinance requirement. 4. The zoning buffer ordinance requires an average eighteen foot (18') wide street buffer along the eastern and western perimeters of the site and is in no case to be less than half. The site plan appears to be meeting this minimal ordinance requirement. 5. The landscape ordinance requires a nine foot (9') wide perimeter landscape strip around the sites entirety. This proposal does not meet this minimal ordinance requirement; therefore, a variance must be obtained from the City Beautiful Item # 5. Commission prior to the issuance of a building permit. This amount can also be reduced to six foot nine inches (6'-9"). 6. It appears a few of the non -handicap spaces are drawn larger in width than needed. Some of these can be reduced to nine foot (9') in width allowing for additional green space along the street. 7. The dumpster enclosure area appears to be deep; can it be brought closer to the driveway; reducing the amount of impermeable coverage. 8. The landscape ordinance requires a minimum of eight percent (8%) of the paved areas be landscaped with interior islands of at least 7 '/z feet in width and 150square feet in area. Interior islands are to be evenly distributed throughout the property. 9. A small amount of building landscaping will be required. 10.Is the Pecan tree shown to be saved in conjunction with this project? If so, credit can be given towards meeting the landscape ordinance. 11.An automatic irrigation system to water landscaped areas will be required. 12. 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. 13. The City Beautiful Commission recommends preserving as many existing trees .as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. Revised plat/plan: Submit four (4) copies of a revised preliminary plat/plan (to include the additional information as noted above) to staff on Wednesday, January 9, 2013. Item # 5.