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HomeMy WebLinkAboutS-1009 Staff Analysis1. Meeting Date: April 19, 1994 2. Case No.: S-1009 3. Reouest: Waiver from the Master Street Plan and Subdivision Regulations which require the dedication of additional right-of-way and construction of an additional traffic lane along the Chenal Parkway frontage of CHENAL BUSINESS ADDITION 4. Location: At the southwest corner of Chenal Parkway and West Markham Street, extending west to Atkins Road. 5. Owner/Applicant: Roman Catholic Diocese of Little Rock, c/o Dickson Flake 6. Existing Status: Vacant; Zoned C-2, Shopping Center District 7. Proposed Use: Commercial & Office Subdivision 8. Staff Recommendation: Approval 9. Planning Commission Recommendation: Approval 10. Conditions or Issues Remainin❑ to be Resolved: None 11. Ri ht-of-Wa Issues: None 12. Recommendation Forwarded With: A vote of 10 ayes, 1 nay, 0 absent, and 0 abstentions 13. Objectors: Mary Douglas; Christi Phelps 14. Neighborhood Plan: Ellis Mountain (18) ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A WAIVER OF STREET RIGHT-OF-WAY AND STREET CONSTRUCTION REQUIREMENTS FOR CHENAL BUSINESS ADDITION (S-1009), AND LOCATED AT THE SOUTHWEST CORNER OF CHENAL PARKWAY AND WEST MARKHAM STREET; AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: SECTION 1. That Chapter 31 of the Code of Ordinances be amended to provide for waivers of certain requirements within Subdivision Regulations of the city of Little Rock for CHENAL BUSINESS ADDITION (S-1009) and located at the southwest corner Chenal Parkway and West Markham Street, as follows: Subsection a. That Section 31-209 of the Subdivision Regulations be waived which would require the dedication of additional right-of-way and construction of an additional traffic lane along the Chenal Parkway frontage of CHENAL BUSINESS ADDITION. SECTION 2. This ORDINANCE shall take effect thirty (30) days from and after its passage. PASSED: ATTEST: City Clerk Mayor the of FILE NO-: 5-1009 NAME: CHENAL BUSINESS ADDITION -- PRELIMINARY PLAT LOCATION: At the southwest corner of Chenal Parkway and West Markham Street, west to Atkins Road and to Timber Ridge Addition on the south DEVELOPER: ROMAN CATHOLIC DIOCESE LITTLE ROCK C/o Dickson Flake 1200 First Commercial P. O. Box 3546 Little Rock, AR 72203 372-6161 AREA• 16.74 ACRES ZONING: C-2 & 0-3 PLANNING DISTRICT: 18 CENSUS TRACT: 42.06 ENGINEER: OF ROBERT BROWN DEVELOPMENT CONSULTANTS, INC. 10411 W. Markham St., Suite 210 Building Little Rock, AR 72205 221-72205 r NUMBER OF LOTS: 2 FT. NEW STREET: 0 PROPOSED USES: Commercial & Office VARIANCES REQUESTED: Waiver from the Master Street Plan requirement which will require the dedication of additional right-of-way on Chenal Parkway and construction of an additional traffic lane along the Chenal Parkway frontage. TATEMENT OF PROPOSAL: The applicant proposes a preliminary plat for the development of a 16.74 acre site bounded on the east by Chenal Parkway, on the north by West Markham Street, on the west by Atkins Road, and on the south by the Timber Ridge Addition. For the present, one lot and one tract are designated. The lot, the north 3.31 acres, is proposed for immediate development, and an application for a PCD for Dick Layton Buick is filed to be heard as an additional item on the agenda. The remaining 13.43 acres is designated as a tract which is reserved for future development. Besides the PCD application to be heard, the applicant has filed an application to re -zone a portion of the tract, and the re -zoning request is also to be heard on the agenda. No interior streets are proposed. Improvements required by the Master Street Plan are proposed to be accomplished along West Markham Street and on Atkins Road, as is the construction of the required sidewalk along Chenal Parkway. However, no additional right-of-way and no construction of an additional traffic lane is proposed for Chenal Parkway. A. PROPOSAL/REOUEST: Approval of the Planning Commission is requested for a preliminary plat involving a 16.74 acre tract for a FILE NO.: S-1 0 Continued B. C. commercial subdivision. The proposal involves the designation of one 3.31 acre lot for immediate development and the leaving of the remaining 13.43 acres as a tract for future development. For the present, then, no internal streets are proposed. Improvements required by the Master Street Plan are anticipated to be provided along West Markham Street and along Atkins Road, as is a sidewalk along Chenal Parkway. A waiver from the Master Street Plan requirements for dedication of additional right-of-way and construction of an additional traffic lane along the Chenal Parkway frontage is requested to be granted by the Board of Directors. EXISTING CONDITIONS:, The site is undeveloped and wooded. The site has about a 70 foot difference in topography across it, with the low points being along the north property line. The existing zoning of the Lot 1 area is C-2. The C-2 zoning district extends southward to approximately mid -way in the site. The remainder of the site is zoned 0-3. Property to the north and east is zoned C-3; to the west and south is zoned 0-3. ENGINEERING•UTILITY COMMENTS: Engineering reports that the Ordinance will require dedication of an additional 10 feet of right-of-way, construction of an additional traffic lane, and construction of a sidewalk on Chenal Parkway. On West Markham Street and on Atkins Road, sidewalks will have to be constructed. PAGIS monuments will be required. The Stormwater Detention and the Excavation Ordinances are applicable. Water Works reports that the water main in West Markham Street is a 20 inch main. Domestic service is not allowed off of this main. A water main extension and possibly on - site fire protection will be required. Wastewater reports that the sanitary sewer easement must match the location of the existing 10 inch sewer main shown on the plat. Arkansas Power and Light Co. will require a 15 foot easement at the perimeter of the platted area as well as along the proposed lot line of Lot 1. Arkansas Louisiana Gas Co. approved the submittal without comment. Southwestern Bell Telephone Co. will require a 5 foot easement along the south lot line of lot 1. E FILE NO.: 3)-100 Continued D. TSSLTES I LEGAL TECHNICAL DESIGN: There are minor deficiencies in the preliminary plat as submitted: the acreage to remain for future development needs to be designated as a tract; the acreage of the lot and tract must be shown; show the proposed building lines on the plat; complete the information on abutting property ownerships; show the zoning of the site and of abutting properties. Remaining to be executed are the Owner, Engineering, and Surveying Certification. Items which will be required are the location of the PAGIS monuments, etc. E. ANALYSIS• The deficiencies noted can be easily remedied. There are no insurmountable problems with the submittal or with the design of the plat. F. STAFF RECQMMENDATI Staff recommends approval of the preliminary plat and the planning staff recommends approval of the waiver. SUBDIVISION COMMITTEE CQMMENT: (MARCH 3, 1994) Mr. Dickson Flake, representing the owner, and Mr. Robert Brown, the project engineer, were present. Staff presented the Proposal, and Mr. Brown reviewed the deficiencies and comments contained in the discussion outline. Mr. Flake responded to the City Engineering comment regarding the Master Street Plan requirements for dedication of additional right-of-way and construction of the additional lane on Chenal Parkway, indicating that the owner was pursuing a clarification of the requirements to the Board of Directors. Staff reported that, by the time the waiver would normally be heard by the Board, the Board may have reached a decision on an amendment of the Master Street Plan which would make a waiver unnecessary. The Committee confirmed with Mr. Brown that there were no questions regarding the item listed in the discussion outline, then referred the item to the full Commission for the public hearing. Mr. Dickson Flake, representing the owner, and Mr. Robert Brown, the project engineer, were present. Staff presented the proposal, and Mr. Brown reviewed the deficiencies and comments contained in the discussion outline. Mr. Flake responded to the City Engineering comment regarding the Master Street Plan requirements for dedication of additional right-of-way and construction of the additional lane on Chenal Parkway, indicating 3 FILE NO.: S-1009 (Continued that the owner was pursuing a clarification of the requirements to the Board of Directors. Staff reported that, by the time the waiver would normally be heard by the Board, the Board may have reached a decision on an amendment of the Master Street Plan which would make a waiver unnecessary. The Committee confirmed with Mr. Brown that there were no questions regarding the item listed in the discussion outline, then referred the item to the full Commission for the public hearing. PLANNING COMMISSION ACTION: Chairperson Chachere explained that Addition Preliminary PlatT, Item 16 PCD), and Item 25 (the rezoning of a Chenal Business Addition from 0-3 to together, but then would be voted on (MARCH 22, 1994) Item 2 (Chenal Business (Dick Layton Buick Short -Form portion of the proposed C-2) would be discussed individually. Staff presented the various requests and reported that Ruth Bell, representing the League of Women Voters, had delivered a statement to staff outlining the League's concerns which she feels need to be addressed, and staff reported that a copy of the statement from Ms. Bell was at each Commissioners desk. David Jones, with Vogle Realty, introduced himself, and indicated that he was representing the interests of Dick Layton Buick in the hearing. He related that Dick Layton Buick had tried to make sure that the development was as sensitive as possible to the neighborhoods in the area; that, therefore, the deed restrictions imposed on the sale of the property will contain provisions which will prohibit: an adult book or adult video store; a night club or place of recreation or amusement; a car wash, except as an incidental use associated with the auto dealership; and, any business serving alcoholic beverages, except as an incidental use to a restaurant use. He explained that he and others involved in the project had met with the neighbors, that 12-15 had showed up and the meeting had lasted about 2 hours; and, that, as a result, the developer was prepared to make the following concessions: there would be no body shop constructed as part of the development; there would be no outdoor paging of employees; there would be no off -site parking of vehicles; there would be no off-street loading of vehicles being delivered; there would be no circus tents, flashing lights, search lights, pendents, or carnival -type promotions; test drive routs will be defined and will not run through the Timber Ridge neighborhood, and customers will be accompanied by sales representatives during test drives; and, site lighting will be directional and controlled to light only the site, and site lighting will be reduced after hours by two-thirds. Mr. Jones concluded with the statement that Dick Layton, at the meeting with neighbors, had committed to assist the Timber Ridge and Point West neighborhoods in the development of a neighborhood park. 4 FILL NO.: 5-1009 Continued Robert Brown, with Development Consultants, the project engineer, presented the development scheme to the Commission. He reviewed with Commissioners the site plan, landscaping plan, the location of the various proposed activities, and the rendering showing the view of the project from the front. Mr. Jones added that the Dick Layton Buick and the rezoning issues are contractually interrelated, and one cannot proceed without the other. Dick Layton promised that he would not return to the Commission at a late time with requests for tents or banners. He reiterated that there would be no outside paging, and that the alarm system is a silent alarm, not an audible alarm. He explained that the University Ave. location will be retained and will be used for a storage lot for overflow vehicle storage from the new lot. Dickson Flake, representing the Catholic Diocese, explained that the Diocese had concerns in concluding the sale to Dick Layton Buick that the remaining C-2 land available could not be developed; that the remaining tract of C-2 land was too narrow and development would be difficult. The 0-3 area, on the other hand, was a large area. There was a need, then, to increase the C-2 area for development of that area to be workable. The change of a portion of the 0-3 area to C-2 would leave a 5 acre tract zoned 0-3, and would be 200 feet in depth along the Timber Ridge neighborhood. The advantage of the change to the Diocese would be that there would be adequate C-2 area to be marketable. The advantage to the neighborhood would be that the 0-3 area would be too small for a high rise development, necessitating a smaller office development scheme of no more than two -store office buildings. This would provide a good buffer along the neighborhood's boundary. Commissioner Oleson asked Mr. Flake if the Diocese would commit to that restriction of no more than two story office buildings. Mr. Flake responded that the Diocese would make that commitment. Mary Douglas introduced herself as a representative of the Timber Ridge, Gibralter Heights, and Point West subdivisions, and indicated that she had a prepared statement to read, which she then read. She related that she also had a map which shows the intensity of the commercial development in the area of the three neighborhoods, and explained that there was too much development making it too congested; that the area would not be a pleasant place to live in the future is development continued. She then asked that the item be deferred to give the neighborhood time to do further study on the effects of the proposed development on the neighborhoods. 5 FILE NO.t S-10 Con inued Mr. Jones responded that the site is already composed of 8 acres of C-2 land which would allow'a major development to be constructed without rezoning. In such a case, traffic would be a great deal greater than it would with the current proposal. Dick Layton Buick would generate 60-70 vehicles per day; therefor, on 3 acres of the tract, traffic would be substantially decreased from what might be expected from C-2 zoned land. He said that the developer had met all requirements to notify the neighbors and to meet with them, and the developer does not want to delay the matter. The developer does not want another consultant brought in by the neighborhood "second-guessing" the design and choices already made. Commissioner Putnam, addressing Ms. Douglas, related that the area is currently zoned C-2, and there are about 100 uses that could go into the area without review or the property owners being notified or consulted. Deputy City Attorney Steve Giles advised the applicant and neighbors that there is approximately a month between the Commission hearing and the Board of Directors meeting, and that during this interim, further discussion could take place. Mr. Jones related that, if the item were recommended for approval, that, indeed, further discussion could continue, and that a meeting with the neighborhood and their consultant, George Wittenberg, could be held. Ms. Douglas indicted that she felt that there were questions remaining which needed clarification. Commissioner Nicholson responded that all the issues had been resolved and "signed -off" on by staff. Ms. Nicholson, addressing Ms. Douglas, said that the neighborhood was not sure that they were for or against the development, and that she would not support a request by the neighborhood for a deferral without specific reasons. She advised Ms. Douglas to meet with Mr. Wittenberg and develop specific requests which might be points of discussion with the developer, then to bring these to the developer for a response. Any further concessions or agreements could be addressed at the Board of Directors meeting. Ms. Nicholson then asked Ms. Douglas for a clarification as to who the letter which Ms. Douglas had read was from. Ms. Douglas explained that there was no neighborhood association; that the letter was from the group of residents who had been meeting and discussing the situation. Christi Phelps addressed the Commission. She said that the neighborhood has a good "confidence level" regarding the Dick Layton Buick proposal, but that they do not have a good 6 FILE NO.: S-1009 (Continued "confidence level" regarding the rezoning issue. Relating to the rezoning issue, the neighborhood requests: a 150 foot deep open space strip abutting the Timber Ridge neighborhood; that there be permitted no access to Atkins Rd.; that a study be conducted to determine the effect of the change in zoning on the surrounding neighborhoods; and, a requirement be imposed which will provide for site plan review on any development in the rezoned area. Relating to the Dick Layton Buick, Ms. Phelps continued: that there be no access to Atkins Rd.; that there be no pole signs allowed; that parking for employees be restricted to on -site; that there be no unloading of the transport trucks from Atkins Rd., W. Markham St., or Chenal Parkway; that the alarm system be a silent alarm; that the dumpster be in an enclosure and that servicing be restricted to weekdays only and only after 8:30 A.M.; that there be no test driving allowed on Atkins Rd. or in the surrounding neighborhoods; that the dealership be closed on Sundays; that there be no promotional activities allowed; that there be no expansion of the dealership allowed onto adjacent property; that if the dealership were vacated, that notification and review by the neighborhoods be required; that lighting be controlled and directional; and that landscaping be with evergreen trees and scrubs. Mr. Layton responded that, in the years he had been in business, he had never been open on Sundays, but that he could not commit to such a restriction. Mr. Jones responded that most of the items had already been agreed to; others could not be agreed to, such as the restriction on the expansion of the dealership. Robert Brown discussed the location of the proposed signs, saying that the one sign along Chenal Parkway would conform to the "Design Overlay District" requirements, but that the sign which lies 300 feet to the west of Chenal Parkway on W. Markham St. would be a standard commercial sign. He explained that since the sign is over 300 feet from Chenal Parkway, that it was not proposed to conform to the "DOD" restrictions. Mr. Jones, returning to the discussion of the proposed rezoning, added that the request is for C-2 zoning, and that site plan review is required; therefore, the neighbors would have a chance to participate in site plan review hearings when the development continues. Commissioner Putnam asked Mr. Flake to comment further on the interrelatedness of the proposals. Mr. Flake explained that the approval of one request without the other would not permit the Dick Layton Buick proposal to continue. The Diocese could not conclude the sale without assurance that the remaining tract is marketable. Mr. Flake, continuing, said that, as well as restricting the development in the 0-3 area to 2 floors in height, he would also make the concession to provide for site plan review of the development within the 0-3 area. 7 FILE NO.; 5-1009 (Continued) Art Kelly, saying that he was a resident of the Timber Ridge neighborhood, indicated that he supported the proposed development. A motion was made and seconded to approve Item #2, the preliminary plat for Chenal Business Addition. The motion carried with the vote of 10 ayes, 1 nay, 0 absent, and 0 abstentions. A motion was made and seconded to approve Item #16, the Dick Layton Buick Short -Form PCD. The motion carried with the vote of 11 ayes, 0 nays, 0 absent, and 0 abstentions. A motion was made and seconded to approve Item #25, the rezoning of a portion of the tact from 0-3 to C-2. The motion carried with the vote of 10 ayes, 1 nay, 0 absent, and 0 abstentions. 0 March 22, 1994 ITEM NO.: 2 FILE NO.: S-1009 NAME: CHENAL BUSINESS ADDITION -- PRELIMINARY PLAT LOCATION: At the southwest corner of Chenal Parkway and West Markham Street, west to Atkins Road and to Timber Ridge Addition on the south DEVELOPER: ENGINEER• ROMAN CATHOLIC DIOCESE OF ROBERT BROWN LITTLE ROCK DEVELOPMENT CONSULTANTS, INC. C/o Dickson Flake 10411 W. Markham St., Suite 210 1200 First Commercial Building Little Rock, AR 72205 P. 0. Box 3546 221-72205 Little Rock, AR 72203 372-6161 AREA: 16.74 ACRES NUMBER OF LOTS: 2 FT. NEW STREET: 0 ZONING• C-2 & 0-3 PLANNING DISTRICT: 18 CENSUS TRACT: 42.06 PROPOSED USES: Commercial & Office VARIANCES REOUESTED: Waiver from the Master Street Plan requirement which will require the dedication of additional right-of-way on Chenal Parkway and construction of an additional traffic lane along the Chenal Parkway frontage. TATEMENT OF PROPOSAL: The applicant proposes a preliminary plat for the development of a 16.74 acre site bounded on the east by Chenal Parkway, on the north by West Markham Street, on the west by Atkins Road, and on the south by the Timber Ridge Addition. For the present, one lot and one tract are designated. The lot, the north 3.31 acres, is proposed for immediate development, and an application for a PCD for Dick Layton Buick is filed to be heard as an additional item on the agenda. The remaining 13.43 acres is designated as a tract which is reserved for future development. Besides the PCD application to be heard, the applicant has filed an application to re -zone a portion of the tract, and the re -zoning request is also to be heard on the agenda. No interior streets are proposed. Improvements required by the Master Street Plan are proposed to be accomplished along West Markham Street and on Atkins Road, as is the construction of the required sidewalk along Chenal Parkway. However, no additional right-of-way and no construction of an additional traffic lane is proposed for Chenal Parkway. March 22, 1994 SUBDIVISION ITEM NO.: 2 (Continued) FILE NO.: S-1009 A. PROPOSAL/REQUEST: Approval of the Planning Commission is requested for a preliminary plat involving a 16.74 acre tract for a commercial subdivision. The proposal involves the designation of one 3.31 acre lot for immediate development and the leaving of the remaining 13143 acres as a tract for future development. For the present, then, no internal streets are proposed. Improvements required by the Master Street Plan are anticipated to be provided along West Markham Street and along Atkins Road, as is a sidewalk along Chenal Parkway. A waiver from the Master Street Plan requirements for dedication of additional right-of-way and construction of an additional traffic lane along the Chenal Parkway frontage is requested to be granted by the Board of Directors. B. EXISTING CONDITIONS: The site is undeveloped and wooded. The site has about a 70 foot difference in topography across it, with the low points being along the north property line. The existing zoning of the Lot 1 area is C-2. The C-2 zoning district extends southward to approximately mid -way in the site. The remainder of the site is zoned 0-3. Property to the north and east is zoned C-3; to the west and south is zoned 0-3. C. ENGINEERINGLU_TI_LITY COMMENTS: Engineering reports that the Ordinance will require dedication of an additional 10 feet of right-of-way, construction of an additional traffic lane, and construction of a sidewalk on Chenal Parkway. On West Markham Street and on Atkins Road, sidewalks will have to be constructed. PAGIS monuments will be required. The Stormwater Detention and the Excavation Ordinances are applicable. Water Works reports that the water main in West Markham Street is a 20 inch main. Domestic service is not allowed off of this main. A water main extension and possibly on - site fire protection will be required. Wastewater reports that the sanitary sewer easement must match the location of the existing 10 inch sewer main shown on the plat. Arkansas Power and Light Co. will require a 15 foot easement at the perimeter of the platted area as well as along the proposed lot line of Lot 1. E March 22, 1994 SUBDIVISION ITEM NO.: 2 (Continued) FILE NO.: S-1009 Arkansas Louisiana Gas Co. approved the submittal without comment. Southwestern Bell Telephone Co. will require a 5 foot easement along the south lot line of lot 1. D. ISSUES/LEGAL/TECHNICAL/DESIGN: There are minor deficiencies in the preliminary plat as submitted: the acreage to remain for future development needs to be designated as a tract; the acreage of'the lot and tract must be shown; show the proposed building lines on the plat; complete the information on abutting property ownerships; show the zoning of the site and of abutting properties. Remaining to be executed are the Owner, Engineering, and Surveying Certification. Items which will be required are the location of the PAGIS monuments, etc. E. ANALYSIS• The deficiencies noted can be easily remedied. There are no insurmountable problems with the submittal or with the design of the plat. F. STAFF RECOMMENDATIONS: Staff recommends approval of the preliminary plat and the planning staff recommends approval of the waiver. SUBDIVI IO MMITTEE COMME T: (MARCH 3, 1994) Mr. Dickson Flake, representing the owner, and Mr. Robert Brown, the project engineer, were present. Staff presented the proposal, and Mr. Brown reviewed the deficiencies and comments contained in the discussion outline. Mr. Flake responded to the City Engineering comment regarding the Master Street Plan requirements for dedication of additional right-of-way and construction of the additional lane on Chenal Parkway, indicating that the owner was pursuing a clarification of the requirements to the Board of Directors. Staff reported that, by the time the waiver would normally be heard by the Board, the Board may have reached a decision on an amendment of the Master Street Plan which would make a waiver unnecessary. The Committee confirmed with Mr. Brown that there were no questions regarding the item listed in the discussion outline, then referred the item to the full Commission for the public hearing. 3 City of Little Rock Department of Neighborhoods and Planning uk 723 West Markham Little Rock, Arkansas 72201-1334 (501) 371-4790 April 18, 1994 Roman Catholic Diocese of Little Rock c/o Dickson Flake 1200 First Commercial Bldg. P. O. Box 3546 Little Rock, AR 72203 RE: CHENAL BUSINESS ADDITION --PRELIMINARY PLAT (S-1009) Dear Mr. Flake: Planning Zoning and Subdivision Attached is a copy of the March 22, 1994 Planning Commission minute record for the CHENAL BUSINESS ADDITION PRELIMINARY PLAT. As is reflected in the minute record, the preliminary plat was approved by the Commission, subject to the Board of Directors approval of the waiver of street improvements along the Chenal Blvd.. frontage of the site. The Board of Directors will consider an ordinance waiving the Chenal Blvd. improvements at its meeting on April 19. The Board meetings are held at 6:00 in the evening. If you have any questions regarding this matter, please call me at 371-6814. Sincerely, Bobby .Sims Subdivision Administrator cc: Robert Brown 10411 W. Markham St., Suite 210 Little Rock, AR 72205 March 22, 1994 SUBDIVISION ITEM NO.: 2 Continued FILE NO.: S-1009 Mr. Dickson Flake, representing the owner, and Mr. Robert Brown, the project engineer, were present. Staff presented the proposal, and Mr. Brown reviewed the deficiencies and comments contained in the discussion outline. Mr. Flake responded to the City Engineering comment regarding the Master Street Plan requirements for dedication of additional right-of-way and construction of the additional lane on Chenal Parkway, indicating that the owner was pursuing a clarification of the requirements to the Board of Directors. Staff reported that, by the time the waiver would normally be heard by the Board, the Board may have reached a decision on an amendment of the Master Street flan which would make a waiver unnecessary. The Committee confirmed with Mr. Brown that there were no questions regarding the item listed in the discussion outline, then referred the item to the full Commission for the public hearing. PLANNING COMMISSION ACTION: Chairperson Chachere explained that Addition Preliminary Plat), Item 16 PCD), and Item 25 (the rezoning of a Chenal Business Addition from 0-3 to together, but then would be voted on (MARCH 22, 1994) Item 2 (Chenal Business (Dick Layton Buick Short -Form portion of the proposed C-2) would be discussed individually. Staff presented the various requests and reported that Ruth Bell, representing the League of Women Voters, had delivered a statement to staff outlining the League's concerns which she feels need to be addressed, and staff reported that a copy of the statement from Ms. Bell was at each Commissioners desk. David Jones, with Vogle Realty, introduced himself, and indicated that he was representing the interests of Dick Layton Buick in the hearing. He related that Dick Layton Buick had tried to make sure that the development was as sensitive as possible to the neighborhoods in the area; that, therefore, the deed restrictions imposed on the sale of the property will contain provisions which will prohibit: an adult book or adult video store; a night club or place of recreation or amusement; a car wash, except as an incidental use associated with the auto dealership; and, any business serving alcoholic beverages, except as an incidental use to a restaurant use. He explained that he and others involved in the project had met with the neighbors, that 12-15 had showed up and the meeting had lasted about 2 hours; and, that, as a result, the developer was prepared to make the following concessions: there would be no body shop constructed as part of the development; there would be no outdoor paging of employees; there would be no off -site parking of vehicles; there would be no off-street loading of vehicles being delivered; there would be no 4 March 22, 1994 SUBDIVISION ITEM NO_: 2 (Continued) FILE NO.: S-1009 circus tents, flashing lights, search lights, pendents, or carnival -type promotions; test drive routs will be defined and will not run through the Timber Ridge neighborhood, and customers will be accompanied by sales representatives during test drives; and, site lighting will be directional and controlled to light only the site, and site lighting will be reduced after hours by two-thirds. Mr. Jones concluded with the statement that Dick Layton, at the meeting with neighbors, had committed to assist the Timber Ridge and Point West neighborhoods in the development of a neighborhood park. Robert Brown, with Development Consultants, the project bngineer, presented the development scheme to the Commission. He reviewed with Commissioners the site plan, landscaping plan, the location of the various proposed activities, and the rendering showing the view of the project from the front. Mr. Jones added that the Dick Layton Buick and the rezoning issues are contractually interrelated, and one cannot proceed without the other. Dick Layton promised that he would not return to the Commission at a late time with requests for tents or banners. He reiterated that there would be no outside paging, and that the alarm system is a silent alarm, not an audible alarm. He explained that the University Ave. location will be retained and will be used for a storage lot for overflow vehicle storage from the new lot. Dickson Flake, representing the Catholic Diocese, explained that the Diocese had concerns in concluding the sale to Dick Layton Buick that the remaining C-2 land available could not be developed; that the remaining tract of C-2 land was too narrow and development would be difficult. The 0-3 area, on the other hand, was a large area. There was a need, then, to increase the C-2 area for development of that area to be workable. The change of a portion of the 0-3 area to C-2 would leave a 5 acre tract zoned 0-3, and would be 200 feet in depth along the Timber Ridge neighborhood. The advantage of the change to the Diocese would be that there would be adequate C-2 area to be marketable. The advantage to the neighborhood would be that the 0-3 area would be too small for a high rise development, necessitating a smaller office development scheme of no more than two -store office buildings. This would provide a good buffer along the neighborhood's boundary. Commissioner Oleson asked Mr. Flake if the Diocese would commit to that restriction of no more than two story office buildings. Mr. Flake responded that the Diocese would make that commitment. Mary Douglas introduced herself as a representative of the Timber Ridge, Gibralter Heights, and Point West subdivisions, and indicated that she had a prepared statement to read, which she 5 March 22, 1994 SUBDIVISION ITEM NO.: 2 (Continued) FILE NO.: S-1009 then read. She related that she also had a map which shows the intensity of the commercial development in the area of the three neighborhoods, and explained that there was too much development making it too congested; that the area would not be a pleasant place to live in the future is development continued. She then asked that the item be deferred to give the neighborhood time to do further study on the effects of the proposed development on the neighborhoods. Mr. Jones responded that the site is already composed of 8 acres of C-2 land which would allow a major development to be constructed without rezoning. In such a case, traffic would be a great deal greater than it would with the current proposal. Dick Layton Buick would generate 60-70 vehicles per day; therefor, on 3 acres of the tract, traffic would be substantially decreased from what might be expected from C-2 zoned land. He said that -the developer had met all requirements to notify the neighbors and to meet with them, and the developer does not want to delay the matter. The developer does not want another consultant brought in by the neighborhood "second-guessing" the design and choices already made. Commissioner Putnam, addressing Ms. Douglas, related that the area is currently zoned C-2, and there are about 100 uses that could go into the area without review or the property owners being notified or consulted. Deputy City Attorney Steve Giles advised the applicant and neighbors that there is approximately a month between the Commission hearing and the Board of Directors meeting, and that during this interim, further discussion could take place. Mr. Jones related that, if the item were recommended for approval, that, indeed, further discussion could continue, and that a meeting with the neighborhood and their consultant, George Wittenberg, could be held. Ms. Douglas indicted that she felt that there were questions remaining which needed clarification. Commissioner Nicholson responded that all the issues had been resolved and "signed -off" on by staff. Ms. Nicholson, addressing Ms. Douglas, said that the neighborhood was not sure that they were for or against the development, and that she would not support a request by the neighborhood for a deferral without specific reasons. She advised Ms. Douglas to meet with Mr. Wittenberg and develop specific requests which might be points of discussion with the developer, then to bring these to the developer for a response. Any further concessions or agreements could be addressed at the Board of Directors meeting. Ms. Nicholson then asked Ms. Douglas for a clarification as to who the letter which Ms. Douglas had read was from. 6 March 22, 1994 SUBDIVISION ITEM NO.: 2 JContinued) FILE NO.: 5-1009 Ms. Douglas explained that there was no neighborhood association; that the letter was from the group of residents who had been meeting and discussing the situation. Christi Phelps addressed the Commission. She said that the neighborhood has a good "confidence level" regarding the Dick Layton Buick proposal, but that they do'not have a good "confidence level" regarding the rezoning issue. Relating to the rezoning issue, the neighborhood requests: a 150 foot deep open space strip abutting the Timber Ridge neighborhood; that there be permitted no access to Atkins Rd.; that a study be condubted to determine the effect of the change in zoning on the surrounding neighborhoods; and, a requirement be imposed which will provide for site plan review on any development in the rezoned area. Relating to the Dick Layton Buick, Ms. Phelps continued: that .there be no access to Atkins Rd.; that there be no pole signs allowed; that parking for employees be restricted to on -site; that there be no unloading of the transport trucks from Atkins Rd., W. Markham St., or Chenal Parkway; that the alarm system be a silent alarm; that the dumpster be in an enclosure and that servicing be restricted to weekdays only and only after 8:30 A.M.; that there be no test driving allowed on Atkins Rd. or in the surrounding neighborhoods; that the dealership be closed on Sundays; that there be no promotional activities allowed; that there be no expansion of the dealership allowed onto adjacent property; that if the dealership were vacated, that notification and review by the neighborhoods be required; that lighting be controlled and directional; and that landscaping be with evergreen trees and scrubs. Mr. Layton responded that, in the years he had been in business, he had never been open on Sundays, but that he could not commit to such a restriction. Mr. Jones responded that most of the items had already been agreed to; others could not be agreed to, such as the restriction on the expansion of the dealership. Robert Brown discussed the location of the proposed signs, saying that the one sign along Chenal Parkway would conform to the "Design Overlay District" requirements, but that the sign which lies 300 feet to the west of Chenal Parkway on W. Markham St. would be a standard commercial sign. He explained that since the sign is over 300 feet from Chenal Parkway, that it was not proposed to conform to the "DOD" restrictions. Mr. Jones, returning to the discussion of the proposed rezoning, added that the request is for C-2 zoning, and that site plan review is required; therefore, the neighbors would have a chance to participate in site plan review hearings when the development continues. 7 March 22, 1994 SUBDIVISION ITEM NO.: 2 (Continued) FILE NO.: 5-1009 Commissioner Putnam asked Mr. Flake to comment further on the interrelatedness of the proposals. Mr. Flake explained that the approval of one request without the other would not permit the Dick Layton Buick proposal to continue. The Diocese could not conclude the sale without assurance that the remaining tract is marketable. Mr. Flake, continuing, said that, as well as restricting the development in the 0-3 area to 2 floors in height, he would also make the concession to provide for site plan review of the development within the 0-3 area. Art Kelly, saying that he was a resident of the Timber Ridge neighborhood, indicated that he supported the proposed development. A motion was made and seconded to approve Item #2, the preliminary plat for Chenal Business Addition. The motion carried with the vote of 10 ayes, 1 nay, 0 absent, and 0 abstentions. A motion was made and seconded to approve Item #16, the Dick Layton Buick Short -Form PCD. The motion carried with the vote of 11 ayes, 0 nays, 0 absent, and 0 abstentions. A motion was made and seconded to approve Item #25, the rezoning of a portion of the tact from 0-3 to C-2. The motion carried with the vote of 10 ayes, 1 nay, 0 absent, and 0 abstentions. 0