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HomeMy WebLinkAboutZ-8882 Staff AnalysisITEM NO.: 9. Z-8882 NAME: SRM Properties Short -form PCD LOCATION: located at 318 — 324 President Clinton Avenue Planning Staff Comments: 1. Provide notification of the abutting property owners including the certified abstract list, notice form with affidavit executed and proof of mailing. The notice must be mailed no later than September 18, 2013. The Office of Planning and Development must receive the proof of notice no later than September 27, 2013. 2. Signs — a. Signs shall not hide significant architectural detail or features of a building. b. Signs shall not visually clutter nor interfere with views of the building. c. Wall signs shall be confined to the flat surface of the building and shall not project more than five (5) inches from the building facade. d. Signs shall not be painted directly on the face of a building. e. Awning valences are appropriate locations for signage. f. Freestanding signage is prohibited. g. Signs shall be adequately spaced from other signs. h. All signs must face public street right-of-way except those permitted on facades facing the Arkansas River. 3. Appearance. a. Signs shall be compatible with the architecture of the building on which it is located. b. Design of signs shall capitalize on the special character of the District. c. Window signs shall not cover more than 25% of each glass panel. d. Awning signs shall not exceed twelve (12) square feet per awning. e. Neon illumination is permitted. f. Internally illuminated signs are prohibited. g. In accordance with federal law, businesses with registered trademarks are allowed to display the mark in signage which otherwise complies with City sign regulations. h. Advertising copy on signs is prohibited. i. Materials used in signs shall be sensitive to signs and architecture on adjacent sites 4. Location. a. Building signs shall not extend above the overhang of the roof. b. Signs shall not number more than three (3) per business. 5. Appearance. Signs shall not cover more than ten (10) percent of the facade facing the river. Item # 9, 6. Sign illumination. Internally lit signs are prohibited. When signs are externally lit, they shall be illuminated from a concealed source of light or a decorative source that is integral to the design of the sign. 7. Projecting signs. Location - a. Projecting signs shall maintain a nine -foot clearance in all pedestrian walkways and a thirteen -foot clearance over vehicular use areas, i.e. alleys and driveways. b. Height of projecting signs shall not extend past the sill of the second story windows. c. Projecting signs shall extend a maximum of three (3) feet from the face of the building. d. The number of projecting signs shall be limited to one (1) sign per one hundred (100) feet of primary street frontage per building. e. Projecting signs shall be placed at a ninety -degree angle to the building. f. Signs shall be spaced so not to conflict or obscure other signage. 8. Appearance. a. Projecting signs shall have a maximum of twenty five (25) square feet of sign face per sign. b. Thickness of projecting signs shall be limited to twelve (12) inches. c. Signage colors, typeface, and style shall be compatible with the district. 9. Sign illumination. a. Internally lit signs are prohibited. When projecting signs are externally lit, they shall be illuminated from a concealed source of light or a decorative source that is integral to the design of the sign. b. Neon is permitted on projecting signs. No movement, flashing, or change of illumination level shall be permitted on signs. Each neon sign shall have a one-year maintenance review, by city staff, for functionality. 10. Sandwich board signs. -Location. a. Sandwich board signs shall be located within the brick planting strip portion of the sidewalk. b. Signs shall not number more than one (1) per business. c. Signs shall be displayed only when the business is open for business and shall be removed from the exterior of the building when the business is closed. d. Signs shall have a minimum spacing of one (1) per twenty-five (25) linear feet of sidewalk not to exceed six (6) per block face. e. A franchise permit and sign permit for a permanent type sign shall be required for all sandwich board signs. 11. Appearance. a. Signs shall be no larger than twenty-four (24) inches wide and thirty-six (36) inches tall per face with a total height not to exceed thirty-six (36) inches. b. Merchants shall limit the wording on the signage to effectively use the space. c. Signs shall have a wooden or simulated wooden frame that encases and supports the message area. Molded plastic or metal construction is prohibited unless encased in wood or simulated wood trim. d. Signs shall be kept in a tidy and clean condition and maintained in good repair. Signs shall be stable and weighted to resist overturning due to wind or accidental pedestrian contact. Item # 9. e. All individually changeable letters, tacking of flyers or loose leaf pages, and poster boards on signs are prohibited. Chalkboards and dry -erase boards are permitted. f. Balloons, ribbons, streamers, and other decorative attachments are prohibited. 12. [Illumination.] Signs shall not be illuminated. 13. Balconies over the public right of way shall have a minimum clearance of nine (9) feet above the sidewalk. One (1) inch of projection is permitted for each additional inch of clearance above eight (8) feet, provided that no such projection shall exceed a distance of four (4) feet. 14. Sidewalks and right-of-way improvements in general. All repairs and new construction shall match existing improvements in materials, construction methods, shape, size, etc. Samples of material shall be provided to the DRC or its representative to verify material match prior to installation. 15. Tree -planting strip. The tree -planting strip shall be a four -foot -wide red brick paving strip on two-inch sand base and eighteen -inch topsoil backfill. The six-inch concrete tree gate frame shall be integrated with the top of the curb 16. Building form - Materials. a. Historic materials or distinctive architectural features shall not be removed or hidden. b. The type of materials and their color, texture, scale and detailing shall be compatible with those of buildings on adjacent sites. c. Surface cleaning of historic structures shall be done with the gentlest possible method. Physical or chemical treatments, such as sandblasting or high pressure water cleaning, that cause damage to historic material shall be prohibited. 17. Roof types. Building roofs shall relate to the overall size, shape, slope, color and texture of roofs of buildings within the district. 18.Openings. a. Historical upper facade windows shall retain original dimensions and details. b. Historical storefront configuration shall not be altered. c. New construction shall have a pattern of windows and doors that resemble similar patterns on facades of adjacent buildings. d. Primary entrances shall be parallel with the street. 19. Style and form. a. Height regulations. No building hereafter erected or structurally altered shall exceed a height of sixty (60) feet. b. [Building levels.] Buildings shall maintain the distinction between upper and street levels. c. [Historical context.] Historical context of buildings shall be restored to original designs. 20. Mass. a. New construction wider than the typical building width shall be visually massed to appear similar to buildings on adjacent sites. b. The primary facade of a building shall be oriented parallel with the street. 21. Projections. Objects shall not project from the building facade over the public right of way except for awnings, signs, and balconies. Item # 9. a. Awnings shall not project more than five (5) feet from the building facade and have a minimum clearance of nine (9) feet above the sidewalk. b. Balconies over the public right of way shall have a minimum clearance of nine (9) feet above the sidewalk. One (1) inch of projection is permitted for each additional inch of clearance above eight (8) feet, provided that no such projection shall exceed a distance of four (4) feet. Balconies shall not be supported with posts extending to the sidewalk. Mounting heights for balcony brackets shall conform to minimum clearance standards. 22. Setbacks. Buildings shall have a zero -foot build to line along the public street right- of-ways. 23.Awnings - Appearance. a. Colors should be compatible with others used in the River Market district. b. Awnings shall relate to the shape of the opening. c. Direct back illuminated awnings are prohibited. d. Awnings shall be composed of canvas, vinyl coated canvas, acrylic fabrics or other architectural materials compatible with the building and the district. e. Retractable canvas awnings are allowed and shall conform to other awning standards for appearance and location. f. Location. g. Awnings shall cover only the storefront display windows, balconies or transom above the main entrance. Upper facade details shall not be obscured. h. Awnings and support structures shall have a minimum clearance of nine (9) feet from the sidewalk. i. Awnings shall not project more than five (5) feet from the building facade. 24. Landscaping - Plant materials. a. All plant materials shall be as prescribed in this section or substitute materials of equal quality approved in advance by the DRC. b. President Clinton Avenue from Interstate 30 to Cumberland Street shall be Acer X Freemanii "Jeffersred," autumn blaze maple trees. c. Plazas and open spaces shall be Ostrya virginiana; American hophornbeam trees and Gleditsia tricanthos var. inermis "Moraine;" moraine thornless honey locust trees. d. All planting of trees and planting adjacent to sidewalks shall meet ADAAG 4.4.2 standards. e. Plant size. Street trees shall be one and one -half -inch to two and one -half - inch caliper trees at planting. f. Plazas and open spaces shall be one and one -half -inch to two-inch caliper trees at planting. g. Location and spacing. Trees shall be thirty (30) feet on center and two (2) feet off back of curb. h. Trees placement shall allow for adequate site distance at intersections. i. Irrigation systems. Irrigation systems shall provide four (4) irrigation bubbler heads per tree well. j. All systems shall have backflow preventors. k. Automatic controllers shall be pole mounted. I. Valve -box covers shall have snaplocks and be located within the brick -planter strip. m. Tree grates. Tree grates shall be four (4) feet by four (4) feet cast iron with slot openings no more than one -quarter ('/4) inch. All replacement and new Item # 9. tree grates shall match existing grates in manufacturer and model number. Samples of materials shall be provided to the DRC or its representative to verify match prior to installation. n. Tree grates shall be set into concrete and angle iron curb collar, six (6) inches exposed at surface, minimum twelve -inch depth. o. Subdrainage. A gravel drain shall consist of a four (4) inch perforated pipe wrapped in washed, crushed gravel and geotextile running parallel with planting strip. p. A gravel drain shall be approximately four (4) feet below finished pavement elevation and connected to the storm drainage inlet. q. The bottom of the gravel drain shall be sloped for positive flow towards the four (4) inch perforated pipe. r. Planting medium. Topsoil backfill shall contain ten (10) percent organic material and be free of objectionable materials. s. The tree root ball shall be set in place on compacted SB-2 sub -base pedestal and covered with two (2) inches washed river gravel. 25. Street lights and furnishing — a. Lights. - Pedestrian posts and luminaries shall be Antique Lighting "Capitol' Series or preapproved substitute. b. Roadway intersection posts and luminaries shall be Antique Lighting "Capitol' Series or preapproved substitute. c. Spacing and location. - Pedestrian posts and luminaries shall be located every third tree within a block. d. Roadway posts and luminaries shall be located fifteen (15) feet off right-of- way of perpendicular streets; one (1) per corner. e. Furnishings. - Signage and street equipment shall be in the same design family as light posts and luminaries. f. Trash receptacles shall be manufactured by Canterbury International; Pennsylvania Avenue model or preapproved substitute. g. Benches shall be six (6) feet in length and located on the inside of roadway intersection posts and luminaries manufactured by Dumor Model #57 Bench or pre -approved substitute. h. Bus shelters and information kiosks shall be uniform in architectural style and character with streetscape equipment and building form. i. Newspaper stands shall be of the same style and size and be incorporated as an integral part of the street furnishings 26. Views — a. Corridors. New construction shall be designed to preserve all view corridors including the President Clinton Avenue corridor and the Commerce Street corridor. b. River. Views of the river shall be protected from any obstructions or visual clutter Per the UU, Urban Use Zoning District - Separation requirements for private clubs shall be determined by the planning commission so as not to adversely impact the neighborhood. 1. Private club review shall consider the following additional requirement: Item # 9. a. A private club shall not be located within seven hundred fifty (750) feet of the following: b. A church or other religious facility. c. A sexually -oriented business as defined by Chapter 17 of the Code of Ordinances. d. A public or private elementary, secondary or postsecondary school, a day care center or any facility that operates programs for children or youth. e. Any single-family or multifamily residential use, except a hotel or motel, or a residential use that is within a unified development that contains both the private club and the residential use. 2. For the purposes of subsection (a) of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of a building or structure proposed for occupancy as a private club to the nearest property line of any use listed in subsection (a). Variance/Waivers: None requested. Public Works Conditions: 1. No City of Little Rock stormwater drainage infrastructure is located within the abandoned alley. Utilities and Fire Department/County Planning: Wastewater: Sewer available to this project. Entergy: Entergy has exiting secondary service line in the vicinity of the northwest corner of the proposed deck. Entergy must be contacted prior to construction to determine if relocation or adjustment of the wires will be required. Center -Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: 1. All Central Arkansas Water requirements in effect at the time of request for water service must be met. 2. Contact Central Arkansas Water regarding the size and location of the water meter. 3. 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. 4. Contact Central Arkansas Water if additional fire protection or metered water service is required. Item # 9. 5. 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. 6. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZA) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by Central Arkansas Water. The test results must be sent to Central Arkansas Water's Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. 7. A short water main extension may be needed to provide water service to this property. 8. 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 Customer Owned Line agreement is required. Fire Department: Place fire hydrant(s) per code. Maintain access. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: Site is located directly adjacent to River Rail Streetcar system. Electrical and other development construction cannot impede the service and operating hours of the streetcar system. Contact CATA for additional information. 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 creating a 24-hour activity area. Using, the Planned Zoning District or the Urban Use District, high and moderate density developments that result in a vital (dense) pedestrian oriented area are appropriate. The applicant has applied for a rezoning from UU (Urban Use District) to PCD (Planned Commercial District) to allow for a private club, outdoor areas, etc. for this site. The site is within the River Market Design Overlay District. Item # 9. Master Street Plan: President Clinton Avenue is a Local Street on the Master Street Plan. 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. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class I Bike Path is shown along the Arkansas River (in Riverfront Park). A Bike Path is to be a paved path physically separate for the use of bicycles. Additional right-of-way or/and easement is recommended. Twelve -foot paths are recommended along creeks and as independent paths. Landscape: 1. Site plan must comply with the City's landscape and buffer ordinance requirements. 2. The site is located within the River Market DOD. The development/redevelopment must comply with the minimum standards of the DOD. 3. Per the UU Zoning District standards street trees must be installed with this application, which will include automatic irrigation and tree grates. If there are currently trees within this area they must be in good condition or replaced as a part of this application. 4. Street trees a minimum of three inch caliper shall be required. The trees shall be located a minimum of 2-feet off the back of curb and 30-feet on center and no closer than 30-feet to a street intersection with a water source provided. Tree canopy shall be maintained at least 8-feet above the sidewalk. The applicant must work with staff on the selection of specific trees for planting. 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, September 18, 2013. Item # 9. FILE NO.: Z-8882 NAME: SRM Properties Short -form PCD LOCATION: Located at 318 — 324 President Clinton Avenue DEVELOPER: SRM Properties LLC 318 President Clinton Avenue Little Rock, AR 72201 SURVFYOR, Global Surveying Consultants Inc. 6511 Heilman Court North Little Rock, AR 72118 ARCHITECT: AMR Architects 201 East Markham Street Little Rock, AR 72201 AREA: 0.56 acres CURRENT ZONING: ALLOWED USES PROPOSED ZONI PROPOSED USE: NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF UU, Urban Use District Residential, Office, Commercial, Industrial PCD Add a private club as an allowable use for this site VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT: SRM Properties is requesting to rezone the property from UU, Urban Use District to PCD (Planned Commercial Development) to allow an existing restaurant at this location to be licensed by the State ABC Commission as a private club. Willy D's has been in operation since the early 2000's and is licensed by the State FILE NO.: Z-8882 (Cont. ABC Commission as a bar and restaurant. The approval of the PCD zoning will allow the business to be licensed by the State as a private club which then allows the closing hour on Saturday morning to be extended by one (1) hour (2:00 am closing). The property is currently zoned UU, Urban Use District which allows businesses to be licensed by the State ABC Commission as a restaurant or bar. With this ABC license restaurants and bars are allowed to remain open until 2:00 am except Saturday night when they must close at 1:00 am. B. EXISTING CONDITIONS: The property is located within the River Market District, an entertainment district with the City of Little Rock. The specific building proposed for rezoning congtains a number of users including LaHarpe's Office Furniture, Willie D's, Channel 7 and other retail and office users. South of the site are restaurants, bars and retail users. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents concerning the proposed request. All property owners located within 200-feet of the site along with the Downtown Neighborhood Association and the River Market Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. No City of Little Rock stormwater drainage infrastructure is located within the abandoned alley. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: Entergy has exiting secondary service line in the vicinity of the northwest corner of the proposed deck. Entergy must be contacted prior to construction to determine if relocation or adjustment of the wires will be required. Center -Point Enerav: No comment received. AT & T: No comment received. f! FILE NO.: Z-8882 (Cont. Central Arkansas Water: 1. All Central Arkansas Water requirements in effect at the time of request for water service must be met. 2. Contact Central Arkansas Water regarding the size and location of the water meter. 3. 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. 4. Contact Central Arkansas Water if additional fire protection or metered water service is required. 5. 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. 6. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZA) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by Central Arkansas Water. The test results must be sent to Central Arkansas Water's Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. 7. A short water main extension may be needed to provide water service to this property. 8. 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 Customer Owned Line agreement is required. Fire Department: Place fire hydrant(s) per code. Maintain access. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: Site is located directly adjacent to River Rail Streetcar system. Electrical and other development construction cannot impede the service and operating hours of the streetcar system. Contact CATA for additional information. 3 FILE NO.: Z-8882 Cont.) 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 creating a 24-hour activity area. Using the Planned Zoning District or the Urban Use District, high and moderate density developments that result in a vital (dense) pedestrian oriented area are appropriate. The applicant has applied for a rezoning from UU (Urban Use District) to PCD (Planned Commercial District) to allow for a private club, outdoor areas, etc. for this site. The site is within the River Market Design Overlay District. Master Street Plan: President Clinton Avenue is a Local Street on the Master Street Plan. 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. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycie Plan: A Class I Bike Path is shown along the Arkansas River (in Riverfront Park). A Bike Path is to be a paved path physically separate for the use of bicycles. Additional right-of-way or/and easement is recommended. Twelve -foot paths are recommended along creeks and as independent paths. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (September 11, 2013) The applicant was present. Staff presented an overview of the development stating there were a number of outstanding technical issues associated with the request in need of addressing prior to the Commission hearing the request. Staff stated the request was located within the River Market DOD. Staff stated the DOD had specific development criteria related to the development and redevelopment of properties. Staff stated the proposal included the addition of a private club as an allowable use for the site. Staff stated the applicant was also proposing to remodel the existing furniture store into two (2) or three (3) lease spaces for restaurant and/or bar space and/or general retail space. Staff stated within the building the applicant was proposing to allow the two (2) to three (3) restaurant/bars to remain open for one (1) additional hour on Saturday night -Sunday morning. Staff noted the request was not for a 5:00 am club. 2 FILE NO.: Z-8882 (Cont. Staff stated in addition to adding a private club as an allowable use for the development the applicant was proposing the addition of a deck on the rear of the existing building. Staff noted the alley located behind the building had been abandoned but the easement rights were retained within the former alley. Staff stated the deck was a self-supporting structure and deck would extend over a portion of the former alley but no supports would touch the ground within the former alley. Public Works comment was addressed. Staff noted there was no stormwater infrastructure located within the former alley. Landscaping comments were addressed. Staff stated the River Market DOD has specific development criteria related to landscaping and street trees. Staff stated the DOD also dictated the species of tree to be planted within this portion of the District. 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 has amended the request to remove the renovation of the existing furniture store and the allowance of the deck and private club as an allowable use. The request before the Commission and the Board of Directors is to allow an existing bar, Willy D's, to be permitted by the State ABC Commission as a private club. This will allow Willy D's to operate one additional hour per week. Based on the amended request there were no site plan issues in need of addressing related to the rezoning request. The Zoning Ordinance has specific development criteria related to the placement of private clubs. The ordinance states a private club shall not be located within 750-feet of a church or other religious facility, a sexually -oriented business as defined by Chapter 17 of the Code of Ordinances, a public or private elementary, secondary or postsecondary school, a daycare center or any facility that operates programs for children or youth, any single-family or multi -family residential use, except a hotel or motel, or a residential use that is within a unified development that contains both the private club and the residential use. The property is located within the spacing distance from residential uses located in the River Market District. Staff is supportive of the request. There are other businesses within the River Market District which operate as private clubs and are allowed to operate until 2:00 am seven (7) days per week. Staff does not feel the allowance of this business to operate as a private club and remain open until 2:00 am seven days 5 per week will adversely impact the area. To staff's knowledge there are no remaining outstanding technical issues associated with the request. STAFF RECOMMENDATION: Staff recommends 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. PLANNING COMMISSION ACTION: (OCTOBER 3, 2013) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 8 ayes, 0 noes, 2 absent and 1 open position.