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HomeMy WebLinkAboutConditions Approved by BOD 082024Conditions Required for Neighborhood Support of Cantrell West Proposal — Last updated 08/17/2024 The intent of this document is to define the conditions that would be required for the neighbors in the surrounding residential neighborhoods to support the current proposed Cantrell West development (application Z-5817-N). These conditions are intended to reduce the risk of negative impact on the health, safety and welfare of the surrounding neighborhoods. The assumptions for these conditions and the rationales for how these are concessions on the part of the neighbors from the land use plan and previously supported zoning are largely consistent with the conditions for support as provided to the developer in 2022 (see Exhibit 1). Moreover, these conditions should apply to any future development S� on any part of the property that may be sold to another party.f An application that meets all of the specific conditions listed below will be supported. Any application that does not meet all the conditions listed below will be opposed. I I 1) The application of record must be consistent with the application recommended for approval by the Planning Commission on July 11, 2024, except for the following additions and updates listed in points 3-7 below 2) The updates to the application of record, consistent with points 3-7, must be submitted to oil, Planning Staff and on the record before the Board of Directors Meeting on August 20, 2024 3) Language must be added to application Z-5817-N stating that if there is ever a driveway or any form of access point that touches Rummel Road, it will be for emergency access only, permanently gated with a Knox Box and have appropriate screening. This is consistent with the , I conditions provided to the Developer in 2022 (see Exhibit 1) 4) Consistent with Ordinance No. 21,513, all businesses in this center will be lights out by 10:00 pm. There will be no deliveries, trash pick-up or construction before 7:00 AM on Monday— Friday, and no delivery, trash pick-up or construction on weekends or holidays. No businesses open before noon on Sundays. This is consistent with the conditions provided to the Developer in 2022 (see Exhibit 1) Exceptions: Donutshop/Bakery may open at 5:00 AM. An Urgent Care Clinic may stay open until 11:00 pm. 5) If there are two driveways touching Cantrell Road (aka Arkansas Highway 10), the eastern driveway should be entrance only, and the western driveway should be exit only 6) Sketch 3 of the application should be updated to reflect the site plan provided by the applicant's attorney to Mr. Grey Williams on 8/8/2024 (see exhibit 2) 7) The application must be updated to reflect the following usage parameters and only permitted uses listed below. These parameters are consistent with the conditions provided to the Developer in 2022 (see Exhibit 1). Uses with a * and in italics have been added or updated at the request of the developer based on meeting that occurred on 08/13/2024. Letters are consistent with Little Rock City code. • No businesses that sell alcoholic beverages, except in the freestanding restaurant location • No businesses that sell tobacco related products, "vapes" related products or other products that require the purchaser to be 18 old or older, or 21 years old or order, or have parental consent • 0-1 Permitted uses - a. Bank or savings and loan office. - *b. Church. - *c. Clinic (medical, dental or optical). Conditions Required for Neighborhood Support of Cantrell West Proposal — Last updated 08 17 2024 - *f. Establishment of a religious, charitable or philanthropic organization. j. Library, art gallery, museum or similar public use k. Office (general and professional). ■ 0-1 Conditional Uses - *a. Animal clinic (enclosed). - b. Barber and beauty shop (excluding tattoo, piercing shops, body modification or other adult businesses that required the purchaser be 18 years old or older, or 21 years old or older, or the consent of an adult, or an age requirement to enter the establishment) - m. Photography studio - *a. Studio (broadcasting or recording). - q. Antique shop - C-1 Permitted uses a. Antique shop, without repair. - b. Bakery or confectionery shop. - c. Bank or savings and loan office. - d. Barber and beauty (excluding tattoo, piercing shops, body modification or other adult businesses that required the purchaser be 18 years old or older, or 21 years old or older, or the consent of an adult, or an age requirement to enter the establishment) - e. Book and stationery store. (excluding adult book stores and associated toys and accessories or other adult businesses that required the purchaser be 18 years old or older, or 21 years old or older, or the consent of an adult, or an age requirement to enter the establishment) (also permitted under 0-2) - f. Camera shop. (also permitted under 0-2) - * i. Cigar, tobacco and candy store (without sell if tobacco related products, "vapes" related products or other products that require the purchaser to be 18 old or older, or 21 years old or order, or have parental consent (also permitted under 0-3) j. Clinic (medical, dental or optical). k. Clothing store (also permitted under 0-3) - m. Customer sewing and millinery - p. Drugstore or pharmacy (also permitted under 0-2) q. Duplication shop (also permitted under o-2) - r. Eating place inside (only 2, no drive through except for the freestanding building on the eastern most part of the property) (also permitted under 0-2) - u. Florist shop. (also permitted under 0-2) - w. Furniture store. y. Handicraft, ceramic, sculpture or similar art work (also permitted under 0-2) - z. Hardware or sporting goods store. - aa. Hobby shop. - bb. Jewelry store. (also permitted under 0-3) cc. Key shop. - ee. Library, art gallery, museum or similar public use (also permitted under 0-3) gg. Medical appliance fittings and sales. - ll. Office (general and professional). - mm. Optical shop. (also permitted under 0-2) - oo. Pet shop. (pet supplies only, no live animals). 2 Conditions Required for Neighborhood Support of Cantrell West Proposal — Last updated 08/17/2024 - qq. Photography studio. - tt. Shoe repair. (also permitted under 0-3, applicant requested "shoe store" but that use is not defined under Little Rock City code) - xx. Tailor. - zz. Travel bureau. • C-1 Conditional Uses b. Animal clinic (enclosed). - * f. Catering, commercial and personal (complying with hour restrictions, personal added at request of developer after 08/13/2024 meeting) - n. Food store under five thousand (5,000) square feet gross floor area, without sales of beer or wine. o. Furniture repair store. - p. Health studio or spa. (also permitted under 0-2) * q.Microbrewery or microbrewery restaurant. (also permitted under 0-3) * u. School (business). (also permitted under 0-2) * cc.Key shop. (also permitted under 0-3) - * dd.Laundromat or pickup station (. (also permitted under 0-3), including dry cleaners (dry cleaner not specifically defined under Little Rock Code but specifically requested by applicant). • Other Acceptable Uses from Developer's Appendix A of the Developer's 2022 submission to Planning Commission, or meeting on 0811312024. - b. Bakery or confectionery shop. - w. Furniture store. - y. Handicraft, ceramic, sculpture or similar art work. - z. Hardware or sporting goods store. - gg. Medical appliance fittings and sales. - nn. Paint and wallpaper store. - oo. Pet shop (supplies only, no live animals) - f. Catering, commercial (compliant with hour restricts) - n. Food store under five thousand (5,000) square feet gross floor area, without sales of beer or wine. - bb. Swimming pool sales and supply. * Beverage shop or nutrition store (non-alcoholic) (not defined under Little Rock code but requested by developer after 08/13/2024 meeting). - * Eyebrow Threading Shop (not defined under Little Rock code but requested by developer after 08/13/2024 meeting). * Medical Botox (not defined under Little Rock code but requested by developer after 08/13/2024 meeting). Additional concessions from Neighborhood since meeting with Developer and Team on 08/13/2024 1) Agree allow delivery and trash pickup at 7:00 AM rather than 8:00 AM 2) Agree to allow Donut shop/Bakery to open at 5:00 AM 3) Agree to allow an Urgent Care Clinic to stay open until 11:00 pm rather than 10:00 PM 4) The following uses were specifically added at the request of the Developer and their team: 91 Conditions_ Required for Neighborhood Support of Cantrell West Proposal — Last updated 08/17/7-024 • 0-1 Permitted uses - *b. Church. - *c. Clinic (medical, dental or optical). - *f. Establishment of a religious, charitable or philanthropic organization. • 0-1 Conditional Uses - *a. Animal clinic (enclosed). - *o. Studio (broadcasting or recording). C-1 Permitted uses - * i. Cigar, tobacco and candy store (without sell if tobacco related products, "vapes" related products or other products that require the purchaser to be 18 old or older, or 21 years old or order, or have parental consent (also permitted under 0-3) - tt. Shoe repair. (also permitted under 0-3, applicant requested "shoe store" but that use is not defined under Little Rock City code) • C-1 Conditional Uses * f. Catering, commercial and personal (complying with hour restrictions, personal added at request of developer after 08/13/2024 meeting) - * q. Microbrewery or microbrewery restaurant. (also permitted under 0-3) * u. School (business). (also permitted under 0-2) - *cc. Key shop. (also permitted under 0-3) - * dd. Laundromat or pickup station (also permitted under 0-3), including dry cleaners (dry cleaner not specifically defined under Little Rock Code but specifically requested by applicant). • Other Acceptable Uses from Developer's AppendixA of the Developer's 2022 submission to Planning Commission, or meeting on 0811312024. * Beverage shop or nutrition store (non-alcoholic) (not defined under Little Rock code but requested by developer after 08/13/2024 meeting). * Eyebrow Threading Shop (not defined under Little Rock code but requested by developer after 08/13/2024 meeting). - * Medical Botox (not defined under Little Rock code but requested by developer after 08/13/2024 meeting). 4 Conditions Required for Neighborhood Support of Cantrell West Proposal — Last updated 08 17 2024 Exhibit 1 Conditions of Support for Z-5817-K These were provided to Development via e-mail in May of 2022, and a physical copy was provided during a community meeting at the Pankey Center on July 22, 2022. The intent of this document is to define the conditions that would be required for the neighbors in the surrounding residential neighborhoods to support the proposed Cantrell West development (application Z-5817-K). An application that meets all of the specific conditions listed below will be supported. Any application that does not meet all the conditions listed below will be opposed. Assumptions 1. The neighbors in the surrounding residential neighborhoods purchased their properties with the understanding that the location in question (parcels 43L-008.00-051.00, 43L-008.24-001.00 and 43L- 008.24-002.00) was intended to be a low intensity location for suburban office (SO) use as per the Little Rock Land Use Plan and prior zoning 2. In 2016 the neighbors did support the rezoning of this location (parcels 43L-008.24-001.00 and 43L- 008.24-002.00) to PDO for a medical office as that would fit within the intended land use. 3. In 2017 the neighbors in the surrounding residential neighborhoods voiced opposition to the rezoning of the spot that is now the Taziki's (application Z-5817-1) out of concern that this would set a precedent for further westward zone creep. The neighbors were assured by the Board of Directors that this would go no further. 4. The developer acquired the properties in question on 02/28/2020 (43L-008.00-051.00) and 07/29/2020 (43L-008.24-001.00 and 43L-008.24-002.00) 5. This proposal is combining 3 lots into a single development 6. The staff write up for Z-5817-K shows this as a 3.803 acres, but Pulaski County proper records show this as 3.36 acres 7. In 2020 the residential neighbors objected to the prior application (Z-5817-J) as it would be a high intensity usage. The Board of Directors unanimously rejected that proposal in August of 2020 8. The neighbors continue to oppose any high intensity plan at this location 9. At the May 17, 2022 Little Rock Board of Directors Meeting, Director Peck made a motion to send the current plan back to the Planning Commission with the specific instructions and/or requests that they specifically look at: 9.1. Traffic concerns 9.2. The density issue 9.3. And uses that the neighborhood can live with so that there is a unified development Conditions for Support ■ If the city continues to require the emergency access on Rummel Road, the language in the proposal must be clear and explicit that this will be permanently gated with a Knox Box, and not changed to a commercial driveway at any later date. Appropriate screening must be provided to "hide" the Rummel emergency exit Conditions Required for Neighborhood Support of Cantrell West Proposal — Last updated 08/17/2024 o Planning Staff and Directors have indicated support for the driveway being permanently gated with a Knox Box o If at some point prior to development the city determine that this is not necessary, it will be removed o How this is a concession from the neighbors: The neighbors on Rummel Road and the Countryside neighborhoods have been adamant in opposition to any access on Rummel due to this being our only access point • Consistent with Ordinance No. 21,513, all businesses in this center will be lights out by 10:00 pm. There will be no deliveries, trash pick-up or construction before 8:00 AM on Monday — Friday, and no delivery, trash pick-up or construction on weekends or holidays. No businesses open before noon on Sundays. o How this is a concession from the neighbors: The neighbors purchased their homes expecting this location to be suburban office with general office hours (e.g., weekdays 8:00 AM to 5:00 PM) with little to no traffic or impact on weekends or holidays. These are extensions beyond that. ■ No more than two (2) buildings total o No more than one free standing restaurant of no more than 3600 square feet with no drive through. This building will be the eastern most building o No more than 15,000 total square feet of total construction, inclusive of both the restaurant and any additional building (e.g., retail center). o No more than one drive through on the non -restaurant building. Drive through must be on the eastern portion and is limited to the following types of businesses ■ Bakery or confectionery shop. ■ Bank or savings and loan office. ■ Candy store. ■ Clinic (medical, dental or optical). ■ Drugstore or pharmacy. ■ Florist shop. o No buildings with more than one story o No outdoor storage or display o No more than 125 parking spaces o How this is a concession from the neighbors: This amount of density would still be 3,944.25 sq ft of density per acer of building based on Planning Staff write-up (4,464.29 based on current Pulaski County Proper records), and 32.86 parking spaces per acre (37.20 based on current Pulaski County Proper records). This is approximately double the average density of the three closest properties touching Cantrell (2104.23 sq. ft.). This also allow for more parking spaces density than the nearest location (29.33 per acre), all of which are further away from the residences than this location. The neighbors have also previously voiced opposition to any drive throughs. • 1 Driveway on Cantrell rather than 2 o Engineering comment #8 from latest Staff write up states "Driveway locations and widths do not meet the traffic access and circulation requirements of Section 30-43 and 31-210. The property does not have the required frontage of 750 feet on Cantrell Conditions _Req_uired for Neighborhood Support of Cantrell West Proposal — Last updated p8_1,IZ 2024 Road to provide for two (2) driveways (per the Master Street Plan). The lots must share a single driveway access centered on the property line. A variance must be requested for driveways located closer than 300 feet to other driveways and intersections and 150 feet from side property line." o The distance between Rummel Road and the Taziki's driveway is approximately 565 feet (according to Google maps). • No businesses that sell alcoholic beverages, except in the freestanding restaurant location • No businesses that sell tobacco related products, "vapes" related products or other products that require the purchaser to be 18 old or older, or 21 years old or order, or have parental consent The only acceptable uses for this proposal are the ones listed below. o How this is a concession from the neighbors: As per Assumption #1, the neighbors invested where they did with the assumption that any development at this location would be low intensity uses consistent with suburban office (SO) uses as per the Little Rock Land Use Plan, and previously supported PDO zoning consistent with 0-1 uses. These conditions include six (6) 0-1 permitted and conditional uses, thirty- three (33) C-1 permitted and conditional uses, and ten (10) other specific uses identified in the developer's Appendix A that was previously submitted to the Planning Commission • 0-1 Permitted uses - a. Bank or savings and loan office. - j. Library, art gallery, museum or similar public use k. Office (general and professional). • 0-1 Conditional Uses - b. Barber and beauty shop (excluding tattoo, piercing shops, body modification or other adult businesses that required the purchaser be 18 years old or older, or 21 years old or older, or the consent of an adult, or an age requirement to enter the establishment) - m. Photography studio - q. Antique shop C-1 Permitted uses - a. Antique shop, without repair. b. Bakery or confectionery shop. c. Bank or savings and loan office. d. Barber and beauty (excluding tattoo, piercing shops, body modification or other adult businesses that required the purchaser be 18 years old or older, or 21 years old or older, or the consent of an adult, or an age requirement to enter the establishment) - e. Book and stationery store. (excluding adult book stores and associated toys and accessories or other adult businesses that required the purchaser be 18 years old or older, or 21 years old or older, or the consent of an adult, or an age requirement to enter the establishment) - f. Camera shop. - j. Clinic (medical, dental or optical). - k. Clothing store - m. Customer sewing and millinery Conditions Required for Neighborhood Support of Cantrell West Proposal — Last updated 08 17 2024 - p. Drugstore or pharmacy - q. Duplication shop) - r. Eating place inside (only 1, no drive through except the free standing building on east side of property) - u. Florist shop. - w. Furniture store. - y. Handicraft, ceramic, sculpture or similar art work - z. Hardware or sporting goods store. - aa. Hobby shop. - bb. Jewelry store. - cc. Key shop. - ee. Library, art gallery, museum or similar public use - gg. Medical appliance fittings and sales. - II. Office (general and professional). - mm. Optical shop. - oo. Pet shop. (pet supplies only, no live animals). - qq. Photography studio. - tt. Shoe repair. - xx. Tailor. - zz. Travel bureau. C-1 Conditional Uses - b. Animal clinic (enclosed). - f. Catering, commercial (complying with hour restrictions) - n. Food store under five thousand (5,000) square feet gross floor area, without sales of beer or wine. - o. Furniture repair store. - p. Health studio or spa. Other Acceptable Uses from Developer's Appendix in the latest submission to Planning Commission. - b. Bakery or confectionery shop. - w. Furniture store. - y. Handicraft, ceramic, sculpture or similar art work. - z. Hardware or sporting goods store. - gg. Medical appliance fittings and sales. - nn. Paint and wallpaper store. - oo. Pet shop (supplies only, no live animals) - f. Catering, commercial (compliant with hour restricts) - n. Food store under five thousand (5,000) square feet gross floor area, without sales of beer or wine. - bb. Swimming pool sales and supply. E. Conditions Reg uired for Nei hborhood Su pport of Cantrell West Proposal — Last updated 08 17 2024 Exhibit 2 Revised Sketch 3 Provided to Grey Williams from Chris Stewart (applicant's attorney) on 8/8/2024 HR?PY a.- . .— ruWAvlawRrn uRE n ccira iuwnr arc � r„ti E., ANEW REAILTESTURAW OEVELOP"E- CANTRELL WEST - A REES COMMERCIAL DEVELOPMENT POMMEL ROAD B HIGMYAY 1a LRTLE ROCK. 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