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HomeMy WebLinkAboutS-1231-C Staff AnalysisITEM NO.: 6. S-1231-C NAME: Chenal Commons Subdivision Site Plan Review LOCATION: located at 12801 Chenal Parkway Planning Staff Comments: 1. Provide notification of all property owners located within 200-feet 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 January 30, 2008. The Office of Planning and Development must receive the proof of notice no later than February 8, 2008. 2. Dumpsters facilities are to provide screening to exceed the height of the dumpster or trash containment area by at least two feet not to exceed eight feet total height. This requirement may be modified as to location within the buffer when a circumstance unique to a site indicates that the screening will not serve its intended purpose and may in some fashion be inappropriate. Staff feels if the dumpster facilities are visible then the dumpster should be screened. Staff feels the enclosures are visible from the street. 3. Provide a time frame for completion of the enclosures located along the eastern end of the building. 4. The neighborhood has indicated a preference that if wood is used to screen the enclosures within the parking lot area the material be painted to blend with the building. Nei hborhood Associations Notified — Gibralter Heights/Point West/Timber Ridge Neighborhood Association Variance/Waivers: A variance from Section 36-523 to allow two (2) dumpster facilities to not be screened. Public Works Conditions: No comments. Utilities and Fire Department/County Planning: Wastewater: Sewer available to this property. Entergy: No comment received. Center -Point Energy Approved as submitted. Item # 6. AT & T: No comment received. Central Arkansas Water: No objection. Fire Department: Approved as submitted. County Planning: No comment. CATA: The site is located near CATA Bus Route #5, the West Markham Route. Parks and Recreation: No comment. Planning Division: No comment. Landscape: Replace any dead or diseased landscaping located within the parking lot and street buffer area. Additional Comment — The Planning Commission and Board of Directors will no longer allow presentation boards to present materials. You must have all presentation material in a size that can be projected on the screen — a maximum size of 11 x 17 but preferably the material should be no larger than 8'/z b 14. Revised plat/plan: Submit four (4) copies of a revised preliminary plat/plan (to include the additional information as noted above) to staff on Wednesday, January 30, 2008. Item # 6. March 27, 2008 ITEM NO.: D NAME: Chenal Commons Subdivision Site Plan Review LOCATION: Located at 12801 Chenal Parkway DEVELOPER: Shantell Barnes Commercial Property Manager Inland Continental Property Management Corp. 2901 Butterfield Road Oak Brook, IL 60523 ENGINEER: White Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 5.5 acres NUMBER OF LOTS: 1 CURRENT ZONING: C-3, General Commercial District PLANNING DISTRICT: 18 — Ellis Mountain CENSUS TRACT: 42.10 VARIANCES/WAIVERS REQUESTED: FILE NO.: S-1231-C FT. NEW STREET: 0 LF 1. A variance from Section 36-523 to allow two (2) dumpster facilities located along West Markham Street to not be screened. A. PROPOSAUREQUEST: A Subdivision Site Plan Review for the development of Lot 9R Hillvale Addition was approved by the Planning Commission on August 27, 1999. The approval allowed the development of the site with approximately 70,000 square feet of retail space and 284 parking spaces. Per the original site plan approval, a total of four (4) trash containers with appropriate screening was approved. Currently, one trash container is screened and is located on the west end of the property adjacent to Chenal Parkway. A second, container screen previously existed on the east side of the property, but was removed by management due to its March 27, 2008 SUBDIVISION ITEM NO.: D (Cont. FILE NO.: 5-1231-C dilapidated condition. The owners are in the process of reconstruction of this screening enclosure. The developers are requesting the removal of the screening requirement for the remaining two dumpster enclosure locations which are located on the rear of the site (along West Markham Street). According to the applicant they do not appear to be needed due to the height and length of the berm and the retaining wall that runs along the rear of the property and along West Markham Street. The applicant states the berm and retaining wall provide adequate screening at these two locations and the trash containers in these two locations are not visible from West Markham Street nor are they in public view. B. EXISTING CONDITIONS: The site is a developed commercial site containing a number of retail uses. There are four dumpster locations on the site, only one of which as been screened. The unscreened locations are located along Gamble Road and Atkins Road. The dumpster locations along Gamble Road are located behind the building. The location along Atkins Road is located within the parking lot area along the end of the building. Uses in the area include two automobile dealerships, a bank and commercial uses along Chenal Parkway. The commercial uses include a strip center, Target and Home Depot directly north of the site. South of the site is vacant 0-3, General Office District zoned property and a church located on R-2, Single-family zoned property. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received two Gibralter Heights/Point West/Timber Ridge Gibralter Heights/Point West/Timber Ridge property owners located within 200 feet of Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: LQ No comments. informational phone calls from the Neighborhood Association. The Neighborhood Association and all the site were notified of the Public UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this property. 2 March 27, 2008 SUBDIVISION ITEM NO.: D (Cont. Entergy: No comment received. Center -Point Ener : Approved as submitted. AT & T: No comment received. Central Arkansas Water: No objection. Fire Department: Approved as submitted. County Planning: No comment. FILE NO.: S-1231-C CATA: The site is located near CATA Bus Route #5, the West Markham Route. Parks and Recreation: No comment. F. ISSUES/TECHNICAL/DESIGN: Planninq Division: No comment. Landscape: Replace any dead or diseased landscaping located within the parking lot and street buffer area. G. SUBDIVISION COMMITTEE COMMENT: (January 24, 2008) The applicant was not present. Staff presented an overview of the proposed request stating presently there were four dumpster locations on the site, three of which were not screened. Staff stated the applicant had agreed to screen the three dumpsters located along the eastern portion of the site, near Atkins Road. Staff stated the request was to remove the screening requirement for the other two single dumpsters located along the rear of the building and adjacent to West Markham Street. Staff stated the applicant had indicated the dumpsters were not visible from the street and this was their justification for the request and the removal of the screening requirement. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: There were no changes to the site plan necessary as a result of the January 24, 2008, Subdivision Committee meeting. The applicant is seeking approval to not screen two dumpster locations on the site. The two dumpsters are located along the rear of the building visible from West Markham Street and Gamble Road. According to the applicant, the grade of West Markham Street does not allow the dumpsters to be viewed from the abutting roadways. The applicant has indicated a screening fence will be placed around the three dumpsters located within the March 27, 2008 SUBDIVISION ITEM NO.: D (Cont. LE NO.: S-1231-C parking lot on the east side of the building. Per Section 36-298(2) Dumpsters and trash containment areas shall not be located within the front yard setback area or street side or exterior side yard setback area. Dumpsters and trash containment areas shall be screened as required by Section 36-523. Section 36-523(d) states dumpsters or trash containment areas shall be screened and the screen shall exceed the height of the dumpster or trash containment area by at least two (2) feet not to exceed eight (8) feet total height. This requirement may be modified as to location within the buffer when a circumstance unique to a site indicates that the screening will not serve its intended purpose and may, in some fashion, be inappropriate. Staff feels the dumpster facilities should be screened per the typical ordinance standard. In staffs opinion, the dumpster facilities are visible from West Markham Street and from Gamble Road. To meet the intent of the ordinance for the allowance to not screen a dumpster facility, the facilities are to not be visible from the abutting roadways and should be screened with natural topography or vegetation which is not the case here. Both containers are somewhat visible from West Markham Street and highly visible from Gamble Road. In addition the screening fence offers an additional element of containment of the trash within the enclosure thus reducing litter in the area. Staff feels all dumpster locations should be screened per typical minimum ordinance requirements. STAFF RECOMMENDATIONS: Staff recommends denial of the request as filed. PLANNING COMMISSION ACTION: (FEBRUARY 14, 2008) The applicant was not present. There were no objectors present. Staff informed the Commission that the applicant had not provided staff with the notification of property owners as required by the Commission's By-laws and the item needed to be deferred. There was no further discussion. The item was placed on the consent agenda and deferred to the March 27, 2008 meeting. A motion was made to approve the item as presented by staff on the consent agenda. The motion carried by a vote of 8 ayes, 0 noes and 3 absent. STAFF UPDATE: The applicant has notified the property owners as required by the Commission's By-laws. There are no changes to the proposed site plan. Staff continues to recommend denial of the request. CI March 27, 2008 SUBDIVISION ITEM NO.: ❑(Cont.)FILE NO.: S-1231-C PLANNING COMMISSION ACTION: (MARCH 27, 2008) Ms. Shantel Barnes was present representing the request. There was a registered objector present. Staff presented the item with a recommendation of denial. Staff stated the dumpsters were visible from the street and should be screened per the typical ordinance standards. Ms. Barnes addressed the Commission as the owners representative. She stated the request was to allow the dumpster located on the rear of the building and adjacent to West Markham Street to not be screened. She stated the dumpsters located along the east side of the building would be screened per the ordinance standards. She stated due to the topography of West Markham Street the dumpsters were not visible from the abutting street. She stated with the present landscaping the facilities were adequately screened. She stated management was willing to add additional landscaping within the landscape strip to further screen the dumpsters if the Commission felt the dumpsters were visible. Ms. Barnes stated management had met with a fence company and the hauling company and due to the present location of the dumpsters screening was not practical. She stated the location of the utilities and the fire hydrants did not allow adequate area for the screening fence and allow adequate maneuvering room for the fire vehicles and the trash haulers. Ms. Ruth Bell, League of Women Voters, addressed the Commission in opposition of the request. She stated if the dumpsters were located in an area which was unsafe to screen then it was likely the dumpsters themselves were unsafe in this location. She stated the developers should move the location of the dumpsters to an area where screening could be provided. She stated the variances section of the ordinance was to allow for hardship cases and extreme circumstances. She stated the dumpster locations were highly visible and screening should be provided per typical ordinance standards. Ms. Banes stated the site was limited on parking and moving the dumpsters to an alternative location was not an option. She stated the building was constructed in 1999 and were never screened. She questioned why in 2008 this had become an issue. She stated if the Commission felt the dumpsters an eyesore then additional landscaping would be added to screen the facility and if necessary increase the number of pick ups to keep the site clean and debris free. The Commission questioned staff if the site was lacking in landscaping. Staff stated the dumpster screening was an enforcement case and the officers typically checked for other violations when on site and no violations were reported for the landscaping. The Commission also questioned if the dumpsters located on the rear of the building had not 6i March 27, 2008 SUBDIVISION ITEM NO.: D (Cont. FILE NO.: 5-1231-C been screened. Staff stated they did not feel the facilities were screened in the past but felt the facilities should be screened since they were visible from the street. There was no further discussion of the item. The chair entertained a motion for approval of the item. The motion carried by a vote. of 0 ayes, 9 noes and 2 absent. on