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HomeMy WebLinkAboutS-1537 Staff AnalysisNAME: The Centre Addition Revised Preliminary Plat LOCATION: Located on the Northwest corner of Colonel Glenn Road and 1-430 DEVELOPER: LLFI, LLC P.O. Box 22407 Little Rock, AR 72221 FNGINFFR- The Holloway Firm, Inc. 200 Casey Drive Maumelle, AR 72113 AREA: 8.44 acres CURRENT ZONIN PLANNING DISTRICT NUMBER OF LOTS: 3 C-2, Shopping Center District 11 — 1-430 CENSUS TRACT: 24.05 VARIANCESNVAIVERS REQUESTED: FT. NEW STREET: 0 1. A variance to allow the development of lots with less than the five (5) acre minimum lot size required for C-2, Shopping Center District zoned property. BACKGROUND: A preliminary plat for the subdivision of 87.137 acres zoned C-2, Shopping Center District was approved by the Planning Commission at their March 11, 2004, Public Hearing. The applicant intended to subdivide the site into four (4) lots to be marketed for C-2 commercial uses. The minimum lot proposed was 225 feet by 225 feet or 1.162 acres for three lots abutting Colonel Glenn Road with the bulk of the property contained in proposed Lot 4. On April 22, 2004, the Little Rock Planning Commission approved a revision to the preliminary plat for the site to allow the creation of 12 lots on the 87.13 acre site. The Commission also approved a site plan review for the area to allow the construction of FILE NO.: S-1537 (Cont. 484,849 square feet of department stores, retail space and restaurant space and 2,546 parking spaces. The plat has expired. A. PROPOSAUREQUEST: The applicant is proposing approval of a preliminary plat for a potion of the site. The plat area contains 8.44 acres and three lots. The lots are proposed with access from a new private drive extending from Colonel Glenn Road constructed to a commercial street standard. The lots range from 1.42 acres to 3.96 acres. The lots will be final platted based on market demand. B. EXISTING CONDITIONS: The site is vacant and tree covered, abutting 1-430 and Colonel Glenn Road. The site slopes to the north from Colonel Glenn Road. There are a number of non-residential uses in the area including an automobile dealership, a movie theater, a nursing school and a strip office/showroom/warehouse development. Further southwest of the site is a public school, Fair High School, located on David O Dodd Road. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received one informational phone call from an area resident. All property owners located within 200-feet of the site, the John Barrow Neighborhood Association and the Stagecoach Dodd Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: Public Works: 1. Colonel Glenn Road is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to 55 feet from centerline will be required. An additional 10 feet of dedication is required with 250 feet from intersection. 2. A 20 foot radial dedication of right-of-way is required at the intersection of Colonel Glenn and Brodie Creek Center. 3. Private access is proposed for these lots. In accordance with Section 31-207, private streets must be designed to the same standards as public streets. A minimum access easement width of 60 feet is required and street width of 36 feet from back of curb to back of curb with sidewalks on both sides. 4. Sidewalks with appropriate handicap ramps are required along existing private drives in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. 2 FILE NO.: S-1537 (Cont. 5. With the site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to Colonel Glenn Road including 5-foot sidewalk with the planned development. 6. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. A variance is required for advanced grading beyond the right-of-way and easements. 7. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. The detention structure is required to be located on site and not within AHTD right-of-way. 8. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 9. A temporary paved cul de sac or turn around must be located at end of proposed street. 10. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. 11. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1817 (Derrick Bergfield). 12. Prepare a letter of pending development addressing streetlights as required by Section 31-403 of the Little Rock code. Contact Traffic Engineering at (501) 379-1813 (Steve Philpott) for more information regarding streetlight requirements. 13. Provide a Sketch Grading and Drainage Plan as required per Section 29-186 (e). E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required with easements. Contact Little Rock Wastewater Utility at 688-1414 for additional information. Enter : Approved as submitted. Center -Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZA) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and Q 1537 (Cont. approved by CAW. The test results must be sent to CAW's Cross Connection Section within ten days of installation and annually thereafter. Contact Carroll Keatts at 377-1226 if you would like to discuss backflow prevention requirements for this project. Please submit two copies of the plans for the private fire line to Central Arkansas Water for review. Contact Central Arkansas Water regarding procedures for installation of private fire line. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. A Capital Investment Charge based on the size of the meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all meter connections including any metered connections off the private fire system. Fire Department: Place fire hydrants per code. On site fire hydrants may be required. Contact the Little Rock Fire Department at 918-3700 for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. F. ISSUES/TECHNICAUDESIGN: Planning Division: No comment. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (August 24, 2006) The applicant was present representing the request. Staff presented an overview of the proposed development indicating there were additional items necessary to complete the review process. Staff requested the applicant provide the source of title of the landowner and the height of any proposed retaining walls. Public Works comments were addressed. Staff stated a grading permit was required at the time of development. Staff stated any advance grading would require approval of a variance from the Land Alteration Ordinance. Staff stated the proposed detention was located within the AHTD right-of-way and was not acceptable. Staff stated all detention was required on the developer's property. Staff also stated the street would require extension along the property boundary of Lot 3 and a temporary turn -around would be required. Staff noted comments from the various other reporting departments and agencies suggesting the applicant contact them directly for additional information and clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. 51 FILE NO.: S-1537 (Cont.) H. ANALYSIS: The applicant submitted a revised preliminary plat to staff addressing most of the issues raised at the August 24, 2006, Subdivision Committee meeting. The applicant has indicated the source of title of the landowner and indicated the retaining walls will be constructed as allowed by the Land Alteration Ordinance. The revised plat also indicates the extension of the proposed roadway and located the detention storage outside the AHTD right-of-way. The applicant is requesting a variance to allow the development of lots with less than the five (5) acre minimum lot size for C-2, Shopping Center District zoned property. The ordinance typically requires a minimum lot size of five (5) acres except in those instances where a subdivision site plan and plat proposing peripheral lots and multiple ownership is approved by the Planning Commission. The Planning Commission shall establish the size, orientation and access to multiple lot C-2 development with special emphasis on interior circulation, curb cuts and siting of physical improvements. In addition, there shall be not less than 300-feet of district frontage on at least one abutting street, whether for single or multiple building/lot development. The lots range in size from 1.4 acres to 3.9 acres. The lots will be final platted based on market demand. Staff is supportive of the request and the requested variance. Although, there is a variance request to allow the development of lots with lot sizes less than the typical minimum ordinance standard staff does not feel this will negatively impact the development or the area. To staff's knowledge there are no outstanding issues associated with the request. STAFF RECOMMENDATIONS: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends approval of the requested variance to allow the development of lots with less than the five (5) acre minimum lot size for C-2, Shopping Center District zoned property. PLANNING COMMISSION ACTION: (SEPTEMBER 14, 2006) The applicant was not present. Staff presented the item stating the applicant had submitted a request on September 12, 2006, requesting the item be deferred to the Commission's October 26, 2006, public hearing. Staff stated the deferral request would require a waiver of the Commission's By-laws with regard to the time frame for the deferral request. 5 FILE NO.: S-1537 (Cont. There was no further discussion of the item. The Chair entertained a motion for the By-law waiver. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. The Chair entertained a motion for placement of the item on the Consent Agenda for Deferral. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. STAFF UPDATE: The applicant submitted a revised preliminary plat to staff increasing the overall land area and increasing the proposed number of lots for preliminary plat approval. The current request includes 17.613 acres within the overall tract and the creation of eight lots and one tract containing 0.333 acres to be used as regional detention. The lots range in size from 0.610 acres to 4.047 acres. Construction to Colonel Glenn Road will be completed with the final platting of Lot 3 and the extension of Brodie Creek Centre Drive is proposed to be phased with the final platting of Lots 4 — 8. Temporary turn-arounds will be provided in the interim, as lots abutting the street are final platted. The proposed plat also indicates the placement of proposed driveway locations for Lots 1, 2 and 3. Drives for the remaining lots will be determined at the time of final platting. A site plan review application request for the development of Lot 3 is a separate item on this agenda Colonel Glenn Shopping Center Zoning Site Plan Review (Z-3371-R). As stated the property is currently zoned C-2, Shopping Center District which typically requires a minimum lot size of five acres. The applicant is requesting a variance to allow the development of lots with less than the five (5) acre minimum lot size for C-2, Shopping Center District zoned property. The ordinance typically requires a minimum lot size of five (5) acres except in those instances where a subdivision site plan and plat proposing peripheral lots and multiple ownership is approved by the Planning Commission. The Planning Commission shall establish the size, orientation and access to multiple lot C-2 development with special emphasis on interior circulation, curb cuts and siting of physical improvements. In addition, there shall be not less than 300-feet of district frontage on at least one abutting street, whether for single or multiple building/lot development. The lots range in size from 0.610 acres to 4.047 acres. The lots will be final platted based on market demand. Staff is supportive of the request and the requested variance. Although, there is a variance request to allow the development of lots with lot sizes less than the typical minimum ordinance standard staff does not feel this will negatively impact the development or the area. To staff's knowledge there are no remaining outstanding issues associated with the request. Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Cej O.: S-1537 (Cont. Staff recommends approval of the requested variance to allow the development of lots with less than the five (5) acre minimum lot size for C-2, Shopping Center District zoned property. PLANNING COMMISSION ACTION: (OCTOBER 26, 2006) The applicant was present representing the request. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff presented a recommendation of approval of the requested variance to allow the development of lots with less than the five (5) acre minimum lot size for C-2, Shopping Center District zoned property. There was no further discussion of the item. The chair entertained a motion for placement of the item on the Consent Agenda for Approval. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. 7 ITEM NO.: 7. NAME: The Centre Addition Revised Preliminary Plat S-1537 LOCATION: located on the Northwest corner of Colonel Glenn Road and 1-430 Planning Staff Comments: 1. Provide notification of abutting property owners of the site, complete with the certified abstract list, notice form with affidavit executed and proof of mailing. The notice must be mailed no later than August 30, 2006. The Office of Planning and Development must receive the proof of notice no later than September 6, 2006. 2. Provide the source of title of the landowner in the general notes section of the proposed preliminary plat. 3. Provide the limits of the floodplain and floodway on the proposed preliminary plat. 4. Provide a storm drainage analysis, data to be provided for all watercourses entering and leaving the plat boundary. 5. Provide a preliminary storm drainage plan, typical ditch section is required to be shown. Variance/Waivers: A variance to allow the development of lots with less than the five (5) acre minimum lot size for C-2, Shopping Center District zoned property. Public Works Conditions- 1. Colonel Glenn Road is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to 55 feet from centerline will be required. An additional 10 feet of dedication is required with 250 feet from intersection. 2. A 20 foot radial dedication of right-of-way is required at the intersection of Colonel Glenn and Brodie Creek Center. 3. Private access is proposed for these lots. In accordance with Section 31-207, private streets must be designed to the same standards as public streets. A minimum access easement width of 60 feet is required and street width of 36 feet from back of curb to back of curb with sidewalks on both sides. 4. Sidewalks with appropriate handicap ramps are required along existing private drives in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. 5. With the site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to Colonel Glenn Road including 5-foot sidewalk with the planned development. 6. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. A variance is required for advanced grading beyond the right -of - Item # 7 way and easements. 7. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. The detention structure is required to be located on site and not within AHTD right-of-way. 8. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 9. A temporary paved cul de sac or turn around must be located at end of proposed street. 10. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. 11. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1817 (Derrick Bergfield). 12. Prepare a letter of pending development addressing streetlights as required by Section 31-403 of the Little Rock code. Contact Traffic Engineering at (501) 379- 1813 (Steve Philpott) for more information regarding streetlight requirements. 13. Provide a sketch Grading and Drainage Plan as required per Section 29-186 (e). Utilities and Fire Department/County Planning: Wastewater: Sewer main extension required with easements. Contact Little Rock Wastewater Utility at 688-1414 for additional information. Entergy: No comment received. Center -Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZA) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW s Cross Connection Section within ten days of installation and annually thereafter. Contact Carroll Keatts at 377-1226 if you would like to discuss backflow prevention requirements for this project. Please submit two copies of the plans for the private fire line to Central Arkansas Water for review. Contact Central Arkansas Water regarding procedures for installation of private fire line. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. A Capital Investment Charge based on the size of the meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all meter connections including any metered connections off the private fire system. Item # 7 Fire Department: Place fire hydrants per code. On site fire hydrants may be required. Contact the Little Rock Fire Department at 918-3700 for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. Planninq Division: No comment. Landscape: No comment. Revised plat/plan: Submit four (4) copies of a revised preliminary plat (to include the additional information as noted above) to staff on Wednesday, August 30, 2006. Item # 7 October 26, 2006 ITEM NO.. G FILE NO.: S-1537 NAME: The Centre Addition Revised Preliminary Plat LOCATION: Located on the Northwest corner of Colonel Glenn Road and 1-430 DEVELOPER: LLFI, LLC P.O. Box 22407 Little Rock, AR 72221 ENGINEER: The Holloway Firm, Inc. 200 Casey Drive Maumelle, AR 72113 AREA: 8.44 acres CURRENT ZONING PLANNING DISTRICT CENSUS TRACT: NUMBER OF LOTS: 3 C-2, Shopping Center District 11 —1-430 24.05 VARIANCESNVAIVERS REQUESTED: FT. NEW STREET: 0 1. A variance to allow the development of lots with less than the five (5) acre minimum lot size required for C-2, Shopping Center District zoned property. BACKGROUND: A preliminary plat for the subdivision of 87.137 acres zoned C-2, Shopping Center District was approved by the Planning Commission at their March 11, 2004, Public Hearing. The applicant intended to subdivide the site into four (4) lots to be marketed for C-2 commercial uses. The minimum lot proposed was 225 feet by 225 feet or 1.162 acres for three lots abutting Colonel Glenn Road with the bulk of the property contained in proposed Lot 4. On April 22, 2004, the Little Rock Planning Commission approved a revision to the preliminary plat for the site to allow the creation of 12 lots on the 87.13 acre site. The Commission also approved a site plan review for the area to allow the construction of October 26, 2006 SUBDIVISION ITEM NO.: G (C NO.: S-1537 484,849 square feet of department stores, retail space and restaurant space and 2,546 parking spaces. The plat has expired. 0 C X 7' 1 PROPOSAL/REQUEST: The applicant is proposing approval of a preliminary plat for a potion of the site. access from a new private drive extending from Colonel Glenn Road construct The plat area contains 8.44 acres and three lots. The lots are proposed with to a commercial street standard. The Iots ran f ed The lots will be final platted based on market demandm 1.42 acres #0 3.96 acres. EXISTING CONDITIONS. - The site is vacant and tree covered, abutting 1-430 and Colonel Glenn Road. The site slopes to the north from Colonel Glenn Road. There are a number of non-residential uses in the area including an automobile dealership, a movie theater, a nursing school and a strip otficelshowroom/warehouse development. Further southwest of the site is a public school, Fair High School, located on David O Dodd Road. NEIGHBORHOOD COMMENTS; As of this writing, staff has received one informational phone call from an area resident. All property owners located within 200-feet of the site, the John Barrow Neighborhood Association and the Stagecoach Dodd Neighborhood Association were notified of the public hearing. ENGINEERING COMMENTS: Public Works; 1. Colonel Glenn Road is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to 55 feet from centerline will be required. An additional 10 feet of dedication is required with 250 feet from intersection. 2. A 20 foot radial dedication of right-of-way is required at the intersection of Colonel Glenn and Brodie Creek Center. 3. Private access is proposed for these lots. In accordance with Section 31-207, private streets must be designed to the same standards as public streets. A minimum access easement width of 60 feet is required and street width of 36 feet from back of curb to back of curb with sidewalks on both sides. 4. Sidewalks with appropriate handicap ramps are required along existing private drives in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. 2 October 26, 2006 SUBDIVISION M NO.: G(Cont.) FILE NQ,: 5-1537 5. With the site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to Colonel Glenn Road including 5-foot sidewalk with the planned development. 6. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. A variance is required for advanced grading beyond the right-of-way and easements. 7. Storm water detention ordinance applies to this properly. Show the proposed location for storm water detention facilities on the plan. The detention structure is required to be located on site and not within AHTD right-of-way. 8. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 9. A temporary paved cul de sac or turn around must be located at end of proposed street. 10. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. 11. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1817 (Derrick Bergfield). 12. Prepare a letter of pending development addressing streetlights as required by Section 31-403 of the Little Rock code. Contact Traffic Engineering at (501) 379-1813 (Steve Philpott) for more information regarding streetlight requirements_ 13. Provide a Sketch Grading and Drainage Plan as required per Section 29-186 (e). E. UTILITIES AND FIRE DEPARTMENTICOUNTY PLANNING: Wastewater: Sewer main extension required with easements. Contact Little Rock Wastewater Utility at 688-1414 for additional information. Entergy: Approved as submitted. Center —Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZA) is required on the domestic water service. This assembly must 3 October 26, 2006 SUBDIVISION ITEM NO.: G (Cont. F. G C O.: 5-153 be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW's Cross Connection Section within ten days of installation and annually thereafter. Contact Carroll Keatts at 377-1226 if you would like to discuss backflow prevention requirements for this project. Please submit two copies of the plans for the private fire line to Central Arkansas Water for review. Contact Central Arkansas Water regarding procedures for installation of private fire line. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. A Capital Investment Charge based on the size of the meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all meter connections including any metered connections off the private fire system. Fire De artment: Place fire hydrants per code. On site fire hydrants may be required. Contact the Little Rock Fire Department at 918-3700 for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. 1SSUESITECHNICALIDESIGN. Planning_ Division: No comment. Landscape: No comment. SUBDIVISION COMMITTEE COMMENT: (August 24, 2006) The applicant was present representing the request. Staff overview of the proposed development indicating there were additionale eman s necessary to complete the review process. Staff requested the applicant provide the source of title of the landowner and the height of any proposed retaining walls. Public Works comments were addressed. Staff stated a grading permit was required at the time of development. Staff stated any advance grading would require approval of a variance from the Land Alteration Ordinance. Staff stated the proposed detention was located within the AHTD right-of-way and was not acceptable_ Staff stated all detention was required on the developer's property. Staff also stated the street would require extension along the property boundary of Lot 3 and a temporary turn -around would be required. 0 October 26, 2006 SUBDIVISION ITEM NO.: G Cont. FILE NO.: S-1 537 Staff noted comments from the various other reporting departments and agencies suggesting the applicant contact them directly for additional information and clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised preliminary plat to staff addressing most of the issues raised at the August 24, 2006, Subdivision Committee meeting. The applicant has indicated the source of title of the landowner and indicated the retaining walls will be constructed as allowed by the Land Alteration Ordinance. The revised plat also indicates the extension of the proposed roadway and located the detention storage outside the AHT❑ right-of-way. The applicant is requesting a variance to allow the development of lots with less than the five (5) acre minimum lot size for C-2, Shopping Center District zoned property. The ordinance typically requires a minimum lot size of five (5) acres except in those instances where a subdivision site plan and plat proposing peripheral lots and multiple ownership is approved by the Planning Commission. The Planning Commission shall establish the size, orientation and access to multiple lot C-2 development with special emphasis on interior circulation, curb cuts and siting of physical improvements. In addition, there shall be not less than 300-feet of district frontage on at least one abutting street, whether for single or multiple building/lot development. The lots range in size from 1.4 acres to 3.9 acres. The lots will be final platted based on market demand. Staff is supportive of the request and the requested variance. Although, there is a variance request to allow the development of lots with lot sizes less than the typical minimum ordinance standard staff does not feel this will negatively impact the development or the area. To staff's knowledge there are no outstanding issues associated with the request. STAFF RECOMMENDATIONS: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends approval of the requested variance to allow the development of lots with less than the five (5) acre minimum lot size for C-2, Shopping Center District zoned property. 5 October 26, 2006 SUBDIVISION ITEM NO.: G (Cont.) FILE NO.: S-1537 PLANNING COMMISSION ACTION: (September 14, 2006) The applicant was not present. Staff presented the item stating the applicant had submitted a request on September 12, 2006, requesting the item be deferred to the Commission's October 26, 2006, public hearing. Staff stated the deferral request would require a waiver of the Commission's By-laws with regard to the time frame for the deferral request. There was no further discussion of the item. The Chair entertained a motion for the By-law waiver. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. The Chair entertained a motion for placement of the item on the Consent Agenda for Deferral. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. STAFF UPDATE: The applicant submitted a revised preliminary plat to staff increasing the overall land area and increasing the proposed number of lots for preliminary plat approval. The current request includes 17.613 acres within the overall tract and the creation of eight lots and one tract containing 0.333 acres to be used as regional detention. The lots range in size from 0.610 acres to 4.047 acres. Construction to Colonel Glenn Road will be completed with the final platting of Lot 3 and the extension of Brodie Creek Centre Drive is proposed to be phased with the final platting of Lots 4 — 8. Temporary turn -grounds will be provided in the interim, as lots abutting the street are final platted. The proposed plat also indicates the placement of proposed driveway locations for Lots 1, 2 and 3. Drives for the remaining lots will be determined at the time of final platting. A site plan review application request for the development of Lot 3 is a separate item on this agenda Colonel Glenn Shopping Center Zoning Site Plan Review (Z-3371-R). As stated the property is currently zoned C-2, Shopping Center District which typically requires a minimum lot size of five acres. The applicant is requesting a variance to allow the development of lots with less than the five (5) acre minimum lot size for C-2, Shopping Center District zoned property. The ordinance typically requires a minimum lot size of five (5) acres except in those instances where a subdivision site plan and plat proposing peripheral lots and multiple ownership is approved by the Planning Commission. The Planning Commission shall establish the size, orientation and access to multiple lot C-2 development with special emphasis on interior circulation, curb cuts and siting of physical improvements. In addition, there shall be not less than 300-feet of district frontage on at least one abutting street, whether for single or multiple building/lot development. The lots range in size from 0.610 acres to 4.047 acres. The lots will be final platted based on market demand. 0 October 26, 2006 SUBDIVISION ITEM NO.: G (Cont.) FILE NO.: S-1 Staff is supportive of the request and the requested variance. Although, there is a variance request to allow the development of lots with lot sizes less than the typical minimum ordinance standard staff does not feel this will negatively impact the development or the area. To staffs knowledge there are no remaining outstanding issues associated with the request. Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends approval of the requested variance to allow the development of lots with less than the five (5) acre minimum lot size for C-2, Shopping Center District zoned property. PLANNING COMMISSION ACTION: (OCTOBER 26, 2006) The applicant was present representing the request. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff presented a recommendation of approval of the requested variance to allow the development of lots with less than the five (5) acre minimum lot size for C-2, Shopping Center District zoned property. There was no further discussion of the item. The chair entertained a motion for placement of the item on the Consent Agenda for Approval. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. 7