HomeMy WebLinkAboutBOD Staff ReportOFFICE OF THE CITY MANAGER
LITTLE ROCK, ARKANSAS
BOARD OF DIRECTORS COMMUNICATION
AUGUST 20, 2024 AGENDA
Subject
An Ordinance approving
a Planned Zoning
Development titled Cantrell
West Retail Center — PCD,
located at 15122 Cantrell
Road (Z-5817-N).
Submitted by:
Department of Planning and
Development
SYNOPSIS
FISCAL IMPACT
RECOMMENDATION
BACKGROUND
Action Required
Ordinance
Resolution
Approval
Information Report
Approved By
Emily Cox
Interim City Manager
The applicant requests to rezone the 3.80 acre property
from "R-2" and "PD-O" to "PCD" to allow a commercial
retail development.
I None
The Planning Commission recommends approval of the
Ordinance. Staff recommends denial.
The applicant proposes to rezone a 3.803-acre property
from R-2 and PD-O to PCD. The property is located at the
Northeast corner of Cantrell Road and Rummel Road. The
rezoning is to allow for a future commercial retail
development with a main retail structure, and restaurant
with drive-thru service. The subject property is located in
the Highway 10 Design Overlay District (Ord. 15965).
The property is currently divided into three (3) tracts with
a majority of the property cleared and graded. Tract # 1 is
a 0.58-acre R-2 zoned undeveloped tract which is mostly
wooded and is located on the west border of the site
adjacent to Rummel Road and north side of Cantrell Road.
BACKGROUND
CONTINUED
Tract # 2 is a PD-O zoned lot centrally located on the north
side of Cantrell Road with a gravel access drive. Tract # 3
is located at the eastern edge of the overall site with a paved
access connecting to Cantrell Road to the south. The
property is bordered to the east by commercially zoned
properties and mostly R-2 zoned properties to the north and
west across Rummel Road. To the south of the property
across Cantrell Road is a mixture of residential and
commercial zoned properties.
The applicant is proposing a 15,600 square foot
commercial restaurant/retail structure to be located within
the northern portion of the property and a 3,200 square foot
restaurant in the eastern portion of the development. Paved
parking and internal access drives will be located along the
front and sides of each building. The site plan indicates that
internal drives will circle internal parking areas in the south
and east portions of the development and accommodate a
restaurant that will include a drive-thru window at the east
end of the retail center building.
The site plan shows the existing property line will be
adjusted 57.7 feet to the north. The applicant is also
proposing a forty (40) foot grading easement north of the
proposed new north property line.
The site plan shows building setbacks being over one
hundred (100) feet from the front property line, more than
fifteen (15) feet from the proposed rear property line, and
more than fifty (50) feet from the east and west property
lines.
The applicant notes the western portion of the property will
be sold to the Arkansas State Highway Department
(ARDOT); however, the applicant will include this portion
of the site in the rezoning of the property but are aware a
separate application will be required to develop this portion
of the property in the future.
The applicant is requesting the following uses for the
proposed development:
• All 0-1, 0-2, and 0-3 & C-1 permitted uses and
conditional uses.
2
BACKGROUND
CONTINUED
• Other commercial uses to be included.
a) Beverage Shop
b) Swimming pool sales and supply
c) Bakery and Confectionary Shop
d) Savings and Loan
e) Dry cleaners
f) Pharmacy
g) Medical clinic
h) Cigar, Tobacco, and candy store
i) Eating place with drive-thru service
The applicant did not provide the hours of operation with
this application. However, the applicant's previously
submitted hours of operation for the development were
from 7:00 am to 10:00 pm Monday through Saturday and
from 10:00 am to 8:00 pm on Sunday.
The site plan shows the main parking area is centrally
located and contains one -hundred -four (104) parking
spaces to serve the main building and forty-one (41)
parking spaces to serve the drive-thru restaurant located at
the southeast corner of the property for a total of one -
hundred -forty-five (145) total parking spaces. Staff feels
the overall parking plan will be sufficient to support the
proposed use.
The applicant is proposing two (2) access drives to the site;
one (1) centrally located at the south perimeter and one (1)
located near the southeast corner of the development
connecting to Cantrell Road. Each of the access drives
includes a single, bi-directional, entry/exit lane which
connects Cantrell Road to the internal drives. The site plan
does not show the width of either ingress/egress driveways.
Section 31-210 (e) (1) of the City's Subdivision Ordinance
for arterial streets requires 625 feet of frontage for two (2)
drives. The applicant has requested a variance from the
regulations to allow two (2) access drives from an arterial
street with a lot frontage of less than six hundred -twenty-
five (625) feet in length. The existing lot frontage is
approximately 490 feet.
Section 31-210 (e) (1) of the City's Subdivision Ordinance
for arterial streets, driveway spacing shall be three hundred
BACKGROUND
CONTINUED
(300) feet. Driveway spacing shall be centerline to
centerline or centerline to right of way of an intersecting
collector street or street of higher classification. Minimum
spacing from the property line shall be one hundred fifty
(150) feet. The applicant. has requested a variance from the
regulations to allow the two (2) access drives from Cantrell
Road to be separated by approximately 270 feet and the
eastern most driveway to be located approximately 65 feet
from the east side property line.
The applicant is proposing two (2) dumpster areas located
near the northeast corner of the development. The
dumpster areas must be screened as per Section 36-523 of
the City's Zoning Ordinance.
On July 11, 2024, the Planning Commission voted
7 ayes, 0 noes, 2 absent and 2 abstentions (Brown and
Hodges), to approve the PCD rezoning. There was one (1)
objector present.
All owners of property located within 300 feet of the site
and all neighborhood associations registered with The City
of Little Rock were notified of the public hearing.
Please see the attached Planning Commission minute
record for the complete staff analysis.
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ORDINANCE NO.
AN ORDINANCE APPROVING A PLANNED ZONING
DEVELOPMENT AND ESTABLISHING A PLANNED
COMMERCIAL DISTRICT TITLED CANTRELL WEST RETAIL
CENTER — PCD, LOCATED AT 15122 CANTRELL ROAD
(Z-5817-N), CITY OF LITTLE ROCK, PULASKI COUNTY,
ARKANSAS, AMENDING THE OFFICIAL ZONING MAP OF
THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES.
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE
ROCK, ARKANSAS.
SECTION 1. That the zoning classification of the following described property be
changed from R-2, Single Family District and PD-O, Planned District - Office, to PCD,
Planned Commercial District:
Z-5817-N — Described as all of Lots 1 and 2 Magnolia Terrace Addition
to the City of Little Rock, filed for record Book H, Page 797, Records of
Pulaski County, Arkansas;
Lands lying in the Fractional Northwest Quarter of the Fractional
Northwest Quarter of Section 19, Township 2 North, Range 13 West,
City of Little Rock, Pulaski County, Arkansas more particularly as
follows:
Beginning at the Northwest Corner of the said Lot 1 Magnolia Terrace
Addition South 01 degrees 04 minutes 14 seconds East 215.11 feet to a
point on the North Right -of -Way of Arkansas Highway 10 (Cantrell
Road); thence along said North Right -of -Way North 75 degrees 17
minutes 14 seconds West 43.28 feet to a point on the East Line of
Page 1 of 3
I Rummel Road; thence leaving said North Right -of -Way along said East
2 Right -of -Way North 15 degrees 07 minutes 42 seconds West 88.12 feet;
3 thence North 64 degrees 10 minutes 10 seconds West 128.45 feet; thence
4 North 13 degrees 13 minutes 58 seconds West 75.40 feet to a point on the
5 North Line of the said Fractional Northwest Quarter of the Fractional
6 Northwest Quarter; thence leaving said East Right -of -Way Line along
7 said North Line South 86 degrees 56 minutes 34 seconds East 193.99 feet
8 to the point of beginning;
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10 All containing 3.089 acres more or less.
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12 SECTION 2. That the preliminary site development plan/plat be approved as
13 recommended by the Little Rock Planning Commission.
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15 SECTION 3. That the change in zoning classification contemplated for Cantrell
16 West Retail Center — PCD, located at 15122 Cantrell Road (Z-5817-N) is conditioned upon
17 obtaining final plan approval within the time specified by Chapter 36, Article VII, Section
18 36-454 (e) of the Code of Ordinances.
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20 SECTION 4. That this Ordinance shall not take effect and be in full force until the
21 final plan approval.
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23 SECTION 5. That the map referred to in Chapter 36 of the Code of Ordinances of
24 the City of Little Rock, Arkansas, and designated district map be and is hereby amended to the
25 extent and in the respects necessary to affect and designate the change provided for in
26 Section 1 hereof.
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28 SECTION 6. Severability. In the event any title, section, paragraph, item,
29 sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid or
30 unconstitutional, such declaration or adjudication shall not affect the remaining portions of the
Page 2 of 3
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ordinance which shall remain in full force and effect as if the portion so declared or adjudged
invalid or unconstitutional was not originally a part of the ordinance.
SECTION 7. Repealed. All laws, ordinances, resolutions, or parts of the same
that are inconsistent with the provisions of this ordinance are hereby repealed to the extent of
such inconsistency.
PASSED:
ATTEST:
City Clerk
APPROVED AS TO FORM:
20
City Attorney
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APPROVED:
Mayor
Page 3 of 3
FILE NO.: Z-5817-N
NAME: Cantrell West Retail Center — PCD
LOCATION: 15122 Cantrell Road
DEVELOPER:
Rees Commercial
11719 Hinson Road, Suite 130
Little Rock, AR 72212
OWNER/AUTHORIZED AGENT:
Jesse Griffin
Griffin Engineering
11719 Hinson Road, Suite 130E
Little Rock, AR 72212
(501) 690-3456
SURVEYOR/ENGINEER:
Jesse Griffin
Griffin Engineering
11719 Hinson Road, Suite 130E
Little Rock, AR 72212
(501) 690-3456
AREA: 3.80 acres NUMBER OF LOTS: 2 FT. NEW STREET: 0 LF
WARD: 4 PLANNING DISTRICT: 1 CENSUS TRACT: 42.05
CURRENT ZONING: PD-O
VARIANCE/WAIVERS: None
BACKGROUND:
On July 16, 2020, the Planning Commission voted to approve a request to rezone this
property from PD-O and R-2 to PCD, to allow the property to be subdivided into three (3)
lots with a restaurant development on each lot. The rezoning request was denied by the
Board of Directors. On December 9, 2021, the applicant submitted a revised site plan
FILE NO.: Z-5817-N
with a request to rezone the property from R-2 to PD-O. On February 10, 2022, the
Planning Commission voted to approve the request to rezone the property from R-2 to
PD-O with conditions. The rezoning request was referred back to the Planning
Commission by the Board of Directors on May 17, 2022.
A. PROPOSAUREQUEST/APPLICANT'S. STATEMENT:
The applicant proposes to rezone a 3.803-acre property from PD-O to PCD. The
property is located at the Northeast corner of Cantrell Road and Rummel Road.
The rezoning is to allow for a future commercial retail development with a main
retail structure, and restaurant with drive-thru service. The subject property is
located in the Highway 10 Design Overlay District (Ord. 15965).
B. EXISTING CONDITIONS:
The property is currently divided into three (3) tracts with a majority of the property
cleared and graded. Tract # 1 is a 0.58-acre R-2 zoned undeveloped tract which
is mostly wooded and is located on the west border of the site adjacent to Rummel
Road and north side of Cantrell Road. Tract # 2 is a PD-O zoned lot centrally
located on the north side of Cantrell Road with a gravel access drive. Tract # 3 is
located at the eastern edge of the overall site with a paved access connecting to
Cantrell Road to the south. The property is bordered to the east by commercially
zoned properties and mostly R-2 zoned properties to the north and west across
Rummel Road. To the south of the property across Cantrell Road is a mixture of
residential and commercial zoned properties.
C. NEIGHBORHOOD NOTIFICATIONS:
All owners of property located within 300 feet of the site and all neighborhood
associations registered with The City of Little Rock were notified of the public
hearing.
D. ENGINEERING COMMENTS:
Any work involving one (1) or more acres of disturbed area require a
State of Arkansas NPDES permit. Contact the Arkansas Department of
Environmental Quality, NPDES branch at 501-682-0744 for applications
and information about General Stormwater Discharge Construction Permit
#ARR150000.
2. Damage to public and private property due to hauling operations or
operations of construction related equipment from a construction site shall be
repaired by the responsible party prior to the issuance of a certificate of
occupancy.
3. A grading permit must be obtained prior to initiation of work. Grading permits
are issued by the Planning and Development Dept. at 723 West Markham
2
ILE NO.: Z-5817-N (Cont.
Street after approval of sediment and erosion control plans, grading and
drainage plans, land survey, drainage study, and soil loss calculations per
City's stormwater management and drainage manual. Contact Planning
and Development Dept., Engineering Division at 501-371-4817 or at
501-918-5348 or Permits0littlerock _ ov_ to schedule an appointment for
issuance or to answer any questions. Permit cost is based on total project
area at $100.00 for the less than '/z acre, $200.00 for Y2 to 1 acre, and $200.00
for the first acre and $100.00 for each additional acre for project greater than
1 acre.
4. Whenever access to State Highways is needed for residential or commercial
purposes, an access driveway permit is required. These permits are issued
by the Permit officer for the District in which the driveway will be located.
Please contact ARDOT District 6 permit officer at 501-569-2266.
5. A special permit is issued for work on the Arkansas Department of
Transportation right of way that is not an access driveway. The permit is
issued by the Permit officer for the District in which the special permit is
requested. Please contact ARDOT District 6 permit officer at 501-569-2266.
6. The Department requires three (3) phase sediment and erosion control (SEC)
plans to be submitted for all construction projects showing best management
practices (BMPs) for mitigating sediment runoff and erosion along with
vegetation specifications for temporary and permanent soil stabilization.
Phase 1 SEC plans shall show SEC BMPs during the stripping, clearing,
grubbing, and rough grading of the site. Phase 2 SEC plans shall show SEC
BMPs during construction of utilities, buildings, roadway infrastructure and
drainage infrastructure. Phase 3 SEC Plans shall show SEC BMPs for final
grading, seeding, and landscaping of the site.
7. Sediment and Erosion Control plans shall also show the pertinent information
as outlined in ADEQ ARR150000 Permit Part II section A-4-H (1-14) and Part
II section A-4-1-2 (A-B).
8. Per City Rev. Code 29-99, stormwater detention for developments is
required. Provide stormwater detention infrastructure to satisfy this
requirement.
9. A drainage study showing all hydrologic calculations for the site and all
hydraulic calculations for the proposed storm sewer pipe system, swales and
ditches, detention ponds, outlet structures, and inlets is required per City's
stormwater management and drainage manual. For final drainage report,
sign, date, and seal the report per AR State Board of Professional Engineers
and Professional Surveyors rules Article 12, Section B (1) (a). Provide
engineer's certification statement saying this drainage report was conducted
by yourself or directly under your supervision and attesting to the accuracy of
the information within this report.
10. Per City Code 31-210 (e) (1) for arterial streets, driveway spacing shall be
three hundred (300) feet. Driveway spacing shall be centerline to centerline
3
FILE NO.: Z-5817-N Cont.
or centerline to right of way of an intersecting collector street or street of
higher classification. Minimum spacing from the property line shall be one
hundred fifty (150) feet. Maximum driveway width is thirty-six (36) feet.
Revise driveways to meet above requirement accordingly or a variance
request will have to be filed with the application for the planning commission's
consideration per City Code 31-210 0).
11. Submit a clearer, more legible site plan for staff's review.
12. If proposed retaining walls shown on plans are equal to or above four feet tall
measured from the bottom of the footing or leveling layer or if there is
surcharge loading for a retaining wall less than four feet tall measured from
the bottom of the footing or leveling layer, the Department requires retaining
wall design plans by an Arkansas licensed professional engineer showing
plan, profile, and cross sectional views of the wall with special details, design
loading calculations clearly showing all required factors of safety are met or
exceed per state building codes. A separate building permit -accessory
structure will be required for the retaining walls along with inspections by
Department engineering staff during their construction.
13. Per City Code Sec. 29-190, cuts or fills shall be limited to ten (10) feet before
terraces are required unless 3:1 slopes can be constructed. With the
proposed retaining wall along the north and east property lines, the proposed
grading in these areas does not meet the City Code requirements as outlined
in Sec. 29-190. The future grading and land alteration on the site in these
areas with the proposed retaining wall shall comply with City Code Sec.
29-190 or a variance request will have to be filed with the application for the
planning commission's consideration per City Code Sec. 29-187.
E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING:
Little Rock Water Reclamation Authority: No comments received.
Enter : No comments received.
Summit Utilities: No comments.
AT & T: No comments received.
Central Arkansas Water: No comments received.
Fire Department:
Maintain Access:
Fire Hydrants.
Maintain fire apparatus access roads at fire hydrant locations as per Appendix D
of the 2021 Arkansas Fire Prevention Code Vol. 1 Section D103.1 Access road
4
FILE NO.: Z-5817-N Cont.
width with a hydrant. Where a fire hydrant is located on a fire apparatus access
road, the minimum road width shall be 26 feet, exclusive of shoulders.
Grade
Maintain fire apparatus access roads as per Appendix D of the 2021 Arkansas Fire
Prevention Code Vol. 1 Section D103.2 Grade. Fire apparatus access roads
shall not exceed 10 percent in grade except as approved by the fire chief. If
the grade exceeds 10 percent, approval will be denied, and the applicant
must submit request to be reviewed by Fire Chief for Approval.
Loading
Maintain fire apparatus access road design as per Appendix D of the 2021
Arkansas Fire Prevention Code Vol. 1 Section D102.1 Access and loading.
Facilities, buildings or portions of buildings hereafter constructed shall be
accessible to fire department apparatus by way of an approved fire apparatus
access road with an asphalt, concrete or other approved driving surface capable
of supporting the imposed load of fire apparatus weighing at least 75,000 pounds.
Commercial and Industrial Developments — 2 means of access. - Maintain fire
apparatus access roads as per Appendix D of the 2021 Arkansas Fire Prevention
Code Vol. 1
Section D104.1 Buildings exceeding three stories or 30 feet in height.
Building or facilities exceeding 30 feet or three stories in height shall have at least
two means of fire apparatus access for each structure.
Section D104.2 Building exceeding 62,000 square feet in area. Buildings or
facilities having a gross building area of more than 62,000 square feet shall be
provided with two separate and approved fire apparatus access roads.
Exception: Projects having a gross building area of up to 124,000 square
feet that have a single approved fire apparatus access road when all
buildings are equipped throughout with approved automatic sprinkler
systems.
D104.3 Remoteness. Where two fire apparatus access roads are required, they
shall be placed a distance apart equal to not less than one half of the length of the
maximum overall diagonal dimension of the lot or area to be served, measured in
a straight line between accesses.
30' Tall Buildin s - Maintain aerial fire apparatus access roads as per
Appendix D of the 2021 Arkansas Fire Prevention Code Vol.1 Section D105.1
— D105.4
D105.1 Where Required. Where the vertical distance between the grade
plane and the highest roof surface exceeds 30', approved aerial fire apparatus
access roads shall be provided. For the purposes of this section the highest roof
surfaces shall be determined by measurement to the eave of a pitched roof, the
intersection of a roof to the exterior wall, or the top of the parapet walls, whichever
is greater.
5
FILE NO.: Z-5817-N (Cont.
D105.2 Width. Aerial fire apparatus access roads shall have a minimum
unobstructed with of 26', exclusive of shoulders, in the immediate vicinity of the
building or portion thereof.
D105.3 Proximity to building. At least one of the required access routes
meeting this condition shall be located within a minimum of 15 feet and a maximum
of 30 feet from the building and shall be positioned parallel to one entire side of the
building. The side of the building on which the aerial fire apparatus access road is
positioned shall be approved by the fire code official.
D105.4 Obstructions. Overhead utility and power lines shall not be located
over the aerial fire apparatus access road or between the aerial fire apparatus road
and the building. Other obstructions shall be permitted to be placed with the
approval of the fire code official.
Dead Ends.
Maintain fire apparatus access roads at dead end locations as per Appendix
D of the 2021 Arkansas Fire Prevention Code Vol. 1 Section D103.4 Dead
Ends. Dead-end fire apparatus access roads in excess of 150 feet shall be
provided with width and turnaround provisions in accordance with Table D103.4.
Requirements for Dead-end fire apparatus access roads.
Gates
Maintain fire apparatus access road
Arkansas Fire Prevention Code Vol. 1
road gates. Gates securing the fire
with all the following criteria:
gates as per Appendix D of the 2021
Section D103.5 Fire apparatus access
apparatus access roads shall comply
1. Minimum gate width shall be 20 feet.
2. Gates shall be of swinging or sliding type.
3. Construction of gates shall be of material that allows manual operation by one
person.
4. Gate components shall be maintained in an operable condition at all times
and replaced or repaired when defective.
5. Electric gates shall be equipped with a means of opening the gate by fire
department personnel for emergency access. Emergency opening devices
shall be approved by the fire code official.
6. Manual opening gates shall not be locked with a padlock or chain and padlock
unless they are capable of being opened by means of forcible entry tools or
when a key box containing the keys to the lock is installed at the gate location.
7. Locking device specifications shall be submitted for approval by the fire
code official.
8. Electric gate operators, where provided, shall be listed in accordance with
UL 325.
N.
FILE NO.: Z-5817-N Cont.
9. Gates, intended for automatic operation shall be designed, constructed and
installed to comply with requirements of ASTM F 2200.
Fire Hydrants
Locate Fire Hydrants as per Appendix C of the 2021 Arkansas Fire
Prevention Code. Section C101 — C105, in conjunction with Central Arkansas
Water (Jason Lowder 501-377-1245) and the Little Rock Fire Marshal's Office
(Capt. Tony Rhodes 501-918-3757, or Fire Marshal Derek N. Ingram
501-918-3756 Number and Distribution of Fire Hydrants as per Table C105.1.
Parks and Recreation: No comments received.
County Planning: No comments.
F. BUILDING CODES/LANDSCAPE:
Buildinq Code: No comments received.
Landscape: No comments received.
G. TRANSPORTATIONIPLANNING:
Rock Region Metro: No comments.
Planning Division:
The request is in the River Mountain Planning District. The Land Use Plan shows
Suburban Office (SO) for the requested area. The Suburban Office (SO) category
provides for low intensity development of office or office parks in close proximity to
lower density residential areas. To assure compatibility, a Planned Zoning District
is required. The application is to rezone from PD-O to PCD future commercial
retail development with a main retail structure, and restaurant with drive-thru
service.
Surrounding the application area west across Rummel Road is Park and Open
Space (PK/OS) which is a buffer to the floodway of a tributary to the Little Maumelle
River. North is a large tract of undeveloped Residential Low -Density (RL). To the
east are two undeveloped tracts in Suburban Office (SO) use area. South of the
site, across Cantrell Road is a fully developed subdivision in Residential Low -
Density (RL), and a continuation of the (PK/OS) buffer area.
The subject site is located in the Highway 10 Design Overlay District (Ord. 15965).
Master Street Plan:
To the south, Cantrell Road is shown as a Principal Arterial on the Master Street
Plan Map. Principal Arterials are roads designed to serve through traffic and to
connect major traffic generators or activity centers within urbanized areas.
7
FILE NO.: Z-5817-N Cont.
Standard right-of-way of 110 feet is required. Sidewalks are required on both
sides. This street may require dedication of additional right-of-way and additional
street improvements.
To the west, Rummel Road is Commercial Street. Commercial Streets are a Local
public street which is abutted by non-residential or residential use which is more
intense than duplex or two -unit residential. These streets have the same design
standard as a Collector. The standard Right-of-way is 60 feet. Sidewalks are
required on one side. This street may require dedication of right-of-way and may
require street improvements.
Bicycle Plan:
Cantrell Road is on the Master Bike Plan as a Proposed Class I Bike Path.
Class I Bike Paths are a route designated for the sole use of bicycles that is
physically separated from vehicular lanes.
Historic Preservation Plan:
This property is not located in a Historic District.
H. ANALYSIS:
The applicant proposes to rezone a 3.803-acre property from PD-O to PCD. The
property is located at the Northeast corner of Cantrell Road and Rummel Road.
The rezoning is to allow for a future commercial retail development with a main
retail structure, and restaurant with drive-thru service. The subject property is
located in the Highway 10 Design Overlay District (Ord. 15965).
The property is currently divided into three (3) tracts with a majority of the property
cleared and graded. Tract # 1 is a 0.58-acre R-2 zoned undeveloped tract which
is mostly wooded and is located on the west border of the site adjacent to Rummel
Road and north side of Cantrell Road. Tract # 2 is a PD-O zoned lot centrally
located on the north side of Cantrell Road with a gravel access drive. Tract # 3 is
located at the eastern edge of the overall site with a paved access connecting to
Cantrell Road to the south. The property is bordered to the east by commercially
zoned properties and mostly R-2 zoned properties to the north and west across
Rummel Road. To the south of the property across Cantrell Road is a mixture of
residential and commercial zoned properties.
The applicant is proposing a 15,600 square foot commercial restaurant/retail
structure to be located within the northern portion of the property and a 3,200
square foot restaurant in the eastern portion of the development. Paved parking
and internal access drives will be located along the front and sides of each building.
The site plan indicates that internal drives will circle internal parking areas in the
FILE NO.: Z-5817-N (Cont.)
south and east portions of the development and accommodate a restaurant that
will include a drive-thru window at the east end of the retail center building.
The site plan shows the existing property line will be adjusted 57.7 feet to the north.
The applicant is also proposing a forty (40) foot grading easement north of the
proposed new north property line.
The site plan shows building setbacks being over one hundred (100) feet from the
front property line, more than fifteen (15) feet from the proposed rear property line,
and more than fifty (50) feet from the east and west property lines.
The applicant notes the western portion of the property will be sold to the Arkansas
State Highway Department (ARDOT); however, the applicant will include this
portion of the site in the rezoning of the property but are aware a separate
application will be required to develop this portion of the property in the future.
The applicant is requesting the following uses for the proposed development:
• All 0-1, 0-2, and 0-3 & C-1 permitted uses and conditional uses.
• Other commercial uses to be included.
a) Beverage Shop
b) Swimming pool sales and supply
c) Bakery and Confectionary Shop
d) Savings and Loan
e) Dry cleaners
f) Pharmacy
g) Medical clinic
h) Cigar, Tobacco, and candy store
i) Eating place with drive-thru service
The applicant did not provide the hours of operation with this application. However,
the applicant's previously submitted hours of operation for the development were
from 7:00 am to 10:00 pm Monday through Saturday and from 10:00 am to 8:00
pm on Sunday.
The site plan shows the main parking area is centrally located and contains one -
hundred -four (104) parking spaces to serve the main building and forty-one (41)
parking spaces to serve the drive-thru restaurant located at the southeast corner
of the property for a total of one -hundred -forty-five (145) total parking spaces. Staff
feels the overall parking plan will be sufficient to support the proposed use.
The applicant is proposing two (2) access drives to the site; one (1) centrally
located at the south perimeter and one (1) located near the southeast corner of the
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FILE NO.: Z-5817-N (Cont.
development connecting to Cantrell Road. Each of the access drives includes a
single, bi-directional, entry/exit lane which connects Cantrell Road to the internal
drives. The site plan does not show the width of either ingress/egress driveways.
Section 31-210 (e) (1) of the City's Subdivision Ordinance for arterial streets
requires 625 feet of frontage for two (2) drives. The applicant has requested a
variance from the regulations to allow two (2) access drives from an arterial street
with a lot frontage of less than six hundred -twenty-five (625) feet in length. The
existing lot frontage is approximately 490 feet.
Section 31-210 (e) (1) of the City's Subdivision Ordinance for arterial streets,
driveway spacing shall be three hundred (300) feet. Driveway spacing shall be
centerline to centerline or centerline to right of way of an intersecting collector
street or street of higher classification. Minimum spacing from the property line
shall be one hundred fifty (150) feet. The applicant has requested a variance from
the regulations to allow the two (2) access drives from Cantrell Road to be
separated by approximately 270 feet and the eastern most driveway to be located
approximately 65 feet from the east side property line.
The applicant is proposing two (2) dumpster areas located near the northeast
corner of the development. The dumpster areas must be screened as per Section
36-523 of the City's Zoning Ordinance.
Section 36-346 (f) (2) of the City's Zoning Ordinance (Highway 10 DOD) allows the
following: Commercial building signage. Each commercial building will be allowed
a single monument ground -mounted sign located on the building site or in the
landscaped front yard of the commercial development. The sign shall be a
maximum of six (6) feet in height and seventy-two feet in area.
The applicant notes that the development will have two (2) freestanding signs not
to exceed sixty-four (64) feet and not to exceed a height of six (6) feet. Also, either
a wall sign or mansard signs not to exceed ten (10) percent in aggregate sign area
for that occupancy's fagade area or one (1) under -canopy or projecting sign
occupancy, not to exceed twelve (12) square feet in sign area.
All site lighting must be low-level and directed away from adjacent properties.
The applicant is requesting to construct retaining walls along the north and east
property lines greater than fifteen (15) feet in height, and without block face. The
applicant notes the developer is coordinating with a geotechnical engineer
regarding the proposed final wall design. All retaining wall construction must
comply with City Code standards.
The applicant notes that the land use buffers along the north and east perimeters
will be significantly reduced to accommodate site grading requirements. Section
36-521 requires that a minimum of 70 percent of land use buffers be undisturbed.
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FILE NO.: Z-5817-N Cont.
The applicant notes that more than 30 percent of the required buffers will be
disturbed and has requested a variance from the regulations to allow 100 % of the
land use buffer requirement along the north perimeter of the site to be disturbed.
Staff is not supportive of the overall proposed site development plan as submitted
due to the following issue:
Staff has requested that the applicant rezone the west portion of the
property for which no development plan is shown to OS (Open Space) or
remove it from the PZD zoning request. The most recent site plan shows
the west portion to be included in the PZD zoning.
The applicant has noted the following: "Our plan currently for this portion of
the property is to sell it to the State of Arkansas."
Staff objects to the west portion of the property being included in the PCD
zoning request.
I. STAFF RECOMMENDATION:
Staff recommends denial of the requested PCD zoning.
PLANNING COMMISSION ACTION: (JUNE 13, 2024)
This item was deferred to the July 11, 2024, agenda, as the applicant failed to post the
notice of public hearing sign as required.
PLANNING COMMISSION ACTION: (JULY 11, 2024)
The applicant was present. Staff presented the item and a recommendation of denial as
outlined in the "staff analysis" above. There was one person registered in opposition.
Richard Stoker spoke about concerns pertaining to the drive-thru restaurant and traffic
issues. After further discussion, there was a motion to approve the application. There
was a second. The vote was 5 ayes, 1 nays, 3 recused (Brown, McDonald and Hodges)
and 2 absent.
Due to the fact that Commissioner McDonald recused herself due to the fact that her
webex wasn't working properly and she could not hear the item, Commissioner Russell
made a motion to expunge the previous vote and rehear the item so that Commissioner
McDonald could hear the item. The motion was seconded. The vote was 8 ayes, 0 nays
and 2 absent. The vote was expunged. Staff then re -presented the item and a
recommendation of denial as outlined in the "staff analysis" above. After much discussion
there was a motion to approve the item. There was a second. The vote was 6 ayes,
1 nay 2 recused (Brown and Hodges) and 2 absent. The motion passed.
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