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HomeMy WebLinkAboutS-1308 Staff AnalysisMay 3, 2001 ITEM NO.: A NAME: Rocky - Replat FILE NO.: S-1308 LOCATION: Southeast corner of Baseline Road and Chicot Road LMT.T/-TT.TW%-M . Yelenich Family Revocable Living Trust Laha Engineers, Inc. 5706 Partridge Lane P. O. Box 190251 No. Little Rock, AR 72118 Little Rock, AR 72219 AREA: approximately 3.23 acres FT. NEW STREET: 0 ZONING: C-3 PLANNING DISTRICT: 15 CENSUS TRACT: 41.06 NUMBER OF LOTS: 3 VARIANCES/WAIVERS REQUESTED: 1. A variance to allow reduced rear platted building lines (Lots 1 and 2). 2_ A waiver of right-of-way dedication for Baseline and Chicot Roads. 3. A waiver of street improvements for Baseline and Chicot Roads. A. PROPOSAL: The applicant proposes to replat the two (2) existing lots at the southeast corner of Baseline and Chicot Roads into three (3) lots. The applicant proposes to construct an auto parts store on the newly created lot (Lot 1). Lot 2 as shown on the proposed replat contains a service station, May 3, 2001 ITEM NO.: A (Cont.) FILE NO.: S-1308 which will be removed in the future with development of a new convenience store. The south and east lot lines of this existing lot are proposed to be slightly adjusted, with Lot 2 being enlarged. Lot 3 contains an existing commercial building, formerly a Fred's Store. The applicant is requesting a variance for reduced rear platted building setbacks for Lots 1 and 2. A 5-foot rear platted building line is proposed for each of these lots. The applicant is requesting a waiver of additional required right-of-way dedication for Baseline and Chicot Roads. The applicant is also requesting a waiver of additional street improvements for Baseline and Chicot Roads. B. EXISTING CONDITIONS: There is a vacant commercial building (old Fred's Store) on Lot 3 of the proposed replat, with a service station on Lot 2. The area proposed for Lot 1 is asphalt parking area for the existing commercial building. There is a mixture of commercial uses to the east and to the north across Baseline Road. There is a church across Chicot Road to the west. There is an Entergy sub -station immediately south of this site, with commercial uses further south. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received no comment from the neighborhood. The Chicot, Cloverdale, West Baseline and SWLR UP Neighborhood Associations were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1.South edge of property is in floodplain. 2. Baseline and Chicot Roads are classified as principal arterials on the Master Street Plan. A dedication of right-of-way to 45 feet from centerlines is required. 3.A Grading Permit for Special Flood Hazard Area, per Sec. 8-283 will be required. 4.A development permit for Flood Hazard, per Sec. 8-283 will be required. 2 May 3, 2001 ITEM NO.: A (Cont.) FILE NO.: S-1308 5. Provide design of streets conforming to Master Street Plan. Construct right turn lane from Chicot Road onto Baseline Road. 6.Driveway locations shall conform to Ordinance 18,031. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available, not adversely affected. Entergy: No Comment. ARKIA: No Comment received. Southwestern Bell: No Comment received. Water: An acreage charge of $150 per acre applies in addition to normal fees in this area. Fire Department: No Comment. County Planning: No Comment received. CATA: Project site is located on bus routes 17 and 17A, but has no effect on bus radius, turnout and route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No Comment. Landscape Issues: No Comment. G. SUBDIVISION COMMITTEE COMMENT: (MARCH 29, 2001) Rocky Yelenich and Troy Laha were present, representing the application. Staff briefly described the proposed replat and noted several items which needed to be shown on the replat drawing. The Public Works requirements were discussed at length, primarily right-of-way dedication. Cross -access and parking easements were briefly discussed. Mr. Yelenich noted that the existing drive near the east property line of Lot 1 would be closed, with shared access from Baseline Road between Lots 1 and 2. 3 May 3, 2001 ITEM NO.: A (Cont.) FILE NO.: 5-1308 Staff noted that based on the C-3 zoning of the property, the front platted building lines could be reduced to 25 feet. The front building lines were originally platted at 40 feet. Staff noted that the reduction of the front building lines was based on the required right-of-way being dedicated. This issue was discussed. After the discussion, the Committee forwarded the replat to the full Commission for resolution. H. ANALYSIS: The applicant submitted a revised replat drawing to staff on April 4, 2001. The revised replat addresses some of the issues as raised by staff and the Subdivision Committee. Street centerlines, descriptions of monuments and the required legal description have been noted. The applicant has also submitted a parking plan for Lot 3. The plan shows that there will be 90 parking spaces remaining on Lot 3 to serve the existing commercial building. The ordinance requires a minimum of 64 spaces for the existing building. Therefore, the creation of Lot 1 does not encroach into the required parking for the existing commercial building. As noted in paragraph A., the applicant is requesting waivers of the Master Street Plan right-of-way dedication and street improvements to Baseline and Chicot Roads. The required right-of-way for both streets is 45 feet from existing street centerlines. This would mean an additional five (5) feet of dedication along Baseline Road and an extra width varying from five (5) feet to ten (10) feet along the Chicot Road frontage. The revised replat submitted shows an additional five (5) feet of dedication along a portion of Baseline Road, which would bring the overall right-of-way on this street to 40 feet from centerline. The applicant is also requesting a waiver of street improvements to these streets, which would include construction of a right turn lane from Chicot Road onto Baseline Road. Public Works recommends denial of the waivers as requested. As noted in paragraph G., the C-3 zoning of the property allows a 25 foot front platted building line. The front platted building lines on this property were platted at 40 feet years ago. The revised replat submitted shows 25 foot 4 May 3, 2001 ITEM NO.: A (Cont.) FILE NO.: S-1308 platted building lines for the proposed lots,.but the 25 foot measurement was made from the existing front property lines. Staff feels that if the original 40 foot front platted building lines are reduced to 25 feet, the 25 foot measurement should be taken from the required Master Street Plan right-of-way line. Also, the applicant is requesting a reduced rear yard setback line for Lots 1 and 2. The required rear yard setback in C-3 zoning is 25 feet. The applicant is requesting a five (5) foot rear yard setback for these two lots. Staff will only support the rear yard setback variance if the required Master Street Plan right-of-way is dedicated. Without the required right-of-way dedication, staff feels that there is no hardship nor justification for the setback variance. Although staff has no objection to the concept of a replat to create Lot 1 and adjust the south and east property lines for Lot 2, staff cannot fully support the replat until the outstanding issues mentioned in this paragraph are resolved. I. STAFF RECOMMENDATIONS: Staff recommends approval of the proposed replat subject to the following conditions: 1.Compliance with the requirements as noted in paragraphs D and E of this report. 2. Staff recommends that the front 25 foot platted building line be measured from the required Master Street Plan right-of-way line. 3. Staff recommends denial of the rear yard setback variance if the required right-of-way is not dedicated. 4. Staff recommends denial of the waivers of right-of-way dedication and street improvements. PLANNING COMMISSION ACTION: (APRIL 19, 2001) Rocky Yelenich and Troy Laha were present, representing the application. Staff briefly described the replat and noted that the Commission needed to address a bylaw waiver for the notification before hearing the item. There were no objectors present. 5 May 3, 2001 ITEM NO.: A (Cont.) FILE NO.: S-1308 Rocky Yelenich explained that he did not obtain an abstract list of adjacent property owners, but researched the county records and created his own property owner list. He stated that he hand - delivered a notice to each of these owners and obtained their signatures. The Commission reviewed the notice and signatures as presented by Mr. Yelenich. Commissioner Adcock noted that the neighborhood associations in the area knew about the proposed development and supported the development. Commissioner Faust noted that two (2) neighborhood associations submitted letters supporting the plat. Commissioner Rahman stated that he was concerned with setting precedence in waiving the bylaws. Mr. Yelenich noted that the developers of Lot 1 were ready to proceed with development of this lot. Staff expressed concern that an abstract list was not used to notify adjacent property owners. There was a general discussion of a possible bylaw waiver and the required notice procedure. There was a motion to defer the application to the May 3, 2001 Planning Commission agenda. The motion was discussed. The Commission noted that the applicant needed to obtain an abstract list and verify that he notified all of the required adjacent property owners. If any of the property owners were not notified, the Commission instructed the applicant to do so as soon as possible. The staff was to review the abstract list and parties given notice and report to the Commission on May 3, 2001. The motion passed by a vote of 7 ayes, 0 nays and 4 absent. PLANNING COMMISSION ACTION: (MAY 30, 2001) Troy Laha and Rocky Yelenich were present, representing the application. Staff briefly described the proposed replat. Staff noted that the front platted building lines along Baseline and Chicot Roads had been revised to 40 feet. With this being done, staff noted support of the variance for reduced rear yard setback for Lots 1 and 2. Staff noted a recommendation of denial of the requested waivers for right-of-way dedication for Baseline and Chicot Roads and right turn lane construction on Chicot Road. May 3, 2001 ITEM NO.: A (Cont.) FILE NO.: 5-1308 Staff noted that the applicant mailed the required certified mail notices as per an abstract list on April 20, 2001. Staff informed the Commission that a waiver of the bylaws was in order to approve the notices being two (2) days late. There was a motion to approve the bylaw waiver and accept the notification as completed by the applicant. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. Troy Laha addressed the Commission in support of the replat. He noted that the applicant requested a waiver of the right-of-way dedication for Baseline and Chicot Roads and a waiver of the required street improvements (right turn lane) on Chicot Road. He discussed the reasons for the waiver requests. He noted that three (3) existing driveways along the property frontage would be eliminated and replaced with curb and gutter. He noted that the property was not in the floodplain. Norm Floyd, with SWLR UP and West Baseline Neighborhood Associations, noted that both groups supported the project. He noted a desire to have opaque screening along the south side of the property. Mr. Laha noted that the applicant agreed to the opaque fencing. He noted that this would be done to deter parking on this property for the fireworks display/sales on the south property. He also noted that there would be no pay phones on this property and no parking of vehicles overnight. Bob Turner, Director of Public Works, discussed the required right-of-way dedication and street improvements. He noted that Public Works supported the driveway locations with the removal of three existing drives. Mr. Turner recommended that the right turn lane on Chicot Road be constructed. Commissioner Adcock asked if the right turn lane was warranted. Mr. Turner noted that it was and explained. Commissioner Nunnley asked if there was a right turn lane on Baseline Road north. Mr. Turner commented that there was not. There was a discussion of when the State Highway Department made the improvements to Baseline and Chicot Roads. Mr. Turner and Mr. Laha indicated that the Baseline improvements were done within the last 10 years and the Chicot improvements were done around 1985. There was additional discussion of this issue. 7 May 3, 2001 ITEM NO.: A (Cont.) FILE NO.: S-1308 Commissioner Rahman asked about the length of the required turn lane. Mr. Turner noted that it needed to be 200 feet with a 50 foot taper. There was additional discussion of the Public Works issues. Mr. Laha noted that the State had no plans to widen Chicot Road and needed no additional right-of-way. Commissioner Nunnley asked about the impact should the Planning Commission approve the right-of-way waiver. Mr. Turner indicated that there would be no significant impact on Baseline and discussed. Commissioner Nunnley asked about traffic signals at the intersection. Mr. Turner noted that there was standard signalization at the intersection. Commissioner Adcock expressed concern about the accident rate at this intersection. This issue was briefly discussed. There was a main motion to approve the replat subject to the conditions as noted by staff, to include approval of the variance for reduced rear yard setback for Lots 1 and 2 and denial of the waiver requests for right-of-way dedication for Baseline and Chicot Roads and improvements to Chicot Road. There was a discussion of the right-of-way requirement and a past issue at West Markham Street and Mississippi Avenue. Mr. Turner explained the issue. There was a motion to amend the main motion and approve the waiver request for right-of-way dedication for Baseline Road. The motion failed by a vote of 2 ayes, 8 nays and 1 absent. There was a second motion to amend the main motion and approve the waiver request for right-of-way dedication for Chicot Road. The motion failed by a vote of 1 ayes, 9 ayes and 1 absent. Commissioner Faust asked if an in -lieu contribution could be made for the street improvements. Mr. Lowery stated that in -lieu could be made for the improvements and explained. There was a third motion to amend the main motion and approve the waiver request for right turn lane construction on Chicot Road. The motion failed by a vote of 2 ayes, 8 nays and 1 absent. 8 May 3, 2001 ITEM NO.: A (Cont.) FILE NO.: 5-1308 Chairman Downing called for a vote on the main motion. The main motion passed by a vote of 10 ayes, 0 nays and 1 absent. E