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HomeMy WebLinkAboutS-1413-A Staff AnalysisFebruary 14, 2008 ITEM NO.: 7 FILE NO.: Z-3371-U NAME: The Village at Brodie Creek Revised Preliminary Plat, Zoning Site Plan Review and Land Alteration Variance Request LOCATION: Located on the Northwest corner of Colonel Glenn Road and 1-430 IDISTJOINIUM:1 CGBRD 1 LLC 425 West Capitol Avenue, Suite 300 Little Rock, AR 72201 FNf,IKIF:r-R- White-Daters and Associates #24 Rahling Circle Little Rock, AR 72224 AREA: 81.6 acres CURRENT ZONING PLANNING DISTRICT: NUMBER OF LOTS: 12 FT. NEW STREET: 300 C-2 — Shopping Center District 18 — Ellis Mountain CENSUS TRACT: 24.05 VARIANCES/WAIVERS REQUESTED: 1. A variance from Section 36-300(e)(2) to allow the creation of lots less than five acres. 2. A variance from Section 36-200(e)(2) to allow reduced lot widths for Lots 1, 2, 9, 10, 13 and 14. 3. A variance from the Land Alteration Ordinance to allow advanced grading of the entire site (2 phases). 4. A variance from Section 36-300(e)(1) to allow a reduced building setbacks from 40-feet to 25-feet and 30-feet. 5. A variance from Section 36-522 to remove the buffer requirement along the northern property line adjacent to Bowman Road. 6. A variance from the Land Alteration Ordinance to allow an increased slope on selected cuts on the site. February 14, 2008 SUBDIVISION ITEM NO.: 7 Cont. FILE NO.: Z-3371-U 7. A variance from Article X Section 36-554 to allow signage in excess of the typically allowed signage for a commercial development. 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 size proposed was 225 feet by 225 feet or 1.162 acres for three lots which abutted Colonel Glenn Road with the bulk of the property contained in proposed Lot 4. The three peripheral lots were under separate ownership. On April 22, 2004, the Little Rock Planning Commission approved a site plan review for the development of this 81.6 acres as a shopping center and a preliminary plat to create 12 non-residential lots (previously approved Lot 4 of the 1-4301Colonel Glenn Subdivision). The project consisted of 484,849 square feet of department stores, retail space and restaurant space. Parking was proposed at 2,546 parking spaces. The developer proposed to subdivide the site into nine lots and three tracts with the remaining property held by the developer. The approval allowed tenants to own property in fee. Bowman Road frontage would be improved to the minor arterial standard as required by the Master Street Plan. Right-of-way dedicated on 36th Street was required, however, a deferral of street improvements until some development occurred on the 36th Street frontage was approved. The Commission approved a variance from the Land Alteration Ordinance to allow the grading of the site with the Phase I development. That development never occurred. On August 16, 2007, the Little Rock Planning Commission approved a Zoning Site Plan Review to allow the development of 81.69 acres with a shopping center development. The site plan indicated the placement of 387,065 square feet of retail shops, a 75,000 square foot hotel, 25,000 square feet of restaurant space for a total building area of 487,065 square feet. Parking was proposed at 2,285 spaces. Variances from various ordinance development standards were approved. Two variances from the Land Alteration Ordinance were approved. One to allow advanced grading of a portion of the site with the development of the first phase and second a 2 February 14, 2008 SUBDIVISION ITEM NO.: 7 Cont. FILE NO.: Z-3371-U variance to allow an increased slope. The applicant sought variances from the Subdivision Ordinance to allow the creation of lots without public street frontage. A variance from the Zoning Ordinance to allow a reduced buffer along the northern perimeter and the Interstate Frontage was approved. The request also included a variance from the Zoning Ordinance to allow a reduced building setback for the internal lots. A. PROPOSAUREQUEST: The applicant is now proposing to amend the previously approved site plan, preliminary plat and land alteration variance request. The site plan and preliminary plat are somewhat similar to the previous approval with regard to lot layout and potential building footprints. The revision is for the most part related to the variance request from the Land Alteration Ordinance. The developer is requesting to grade the entire site with the issuance of a building permit on two buildings. The developer is proposing to not begin any construction or clearing until construction is imminent for the retail building on Colonel Glenn Road and one of the large lots on top of the hill. During the grading process buffers will remain until additional interior lots are developed. A plan has been provided to ensure visibility into the site is obscured during the grading process. A plan for the removal of the temporary buffers and the final development of the lots has also been provided. B. EXISTING CONDITIONS: The site is tree covered, abutting 1-430 and Bowman Roads. There is a creek located within the site with a portion of the site abutting West 36th Street. 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. North of the site are single-family homes located along South Bowman Road and West 36th Street. The Church at Rock Creek is also located to the north accessed from West 36th Street. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents. The John Barrow Neighborhood Association, Southwest Little Rock United for Progress and all property owners located within 200 feet of the site were notified of the Public Hearing. 3 February 14, 2008 SUBDIVISION ITEM NO.: 7(Cont.FILE NO.: Z-3371-U D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITION 1. 36th Street is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. 2. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to 36th Street, Bowman Road and Colonel Glenn Road including 5-foot sidewalk with the planned development. An additional lane and improvements will be required on Colonel Glenn Road from the off ramp to the driveway. Staff recommends deferral of construction on 36th Street for 5 years or until adjacent site development whichever occurs first. 3. Additional lanes are needed to be added in each direction of Colonel Glenn Road. These improvements are located off site which the developer is not typically required to install. In the previous application agreements were made to make off site street improvements such as increasing road lanes. 4. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 5. 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) 379-1805 (Travis Herbner). 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. From previous meetings construction of all the buildings was not being proposed. City code (Section 29-186(b)) states no land alteration shall be permitted until all necessary City approval of all plans and permits, except building permit, have been issued and construction is imminent. Imminent construction is defined as the installation of a foundation or erection of a structure without unreasonable delay following land alteration activities. City code (Section 29-187(e)) states variances may be granted, to the extent that the change will not be contrary to the purposes set forth in Section 29-168: (1) to clear and grade a multi -lot or multiphase development where construction is not imminent on all phases of the development. 7. Provide a Sketch Grading and Drainage Plan as required per Section 29-186(e). Provide all wall heights and slopes. Provide undisturbed buffers to remain. ld February 14, 2008 SUBDIVISIO ITEM NO.: 7 (Cont.) FILE NO.: Z-3371-U 8. A maximum of 30 vertical feet of fill or excavation (3-10 foot vertical terraces or 2-15 foot vertical terraces) is permitted however additional development areas may be constructed a minimum of 150 feet in width at a slope no more than 8%. The maximum of 30 feet of fill or excavation may again be utilized. 9. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. 10. Bowman Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. 11. 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. 12. Street Improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. 13. On site striping and signage plans should be forwarded to Public Works, Traffic Engineering for approval with the site development package. 14. Streetlights are required by Section 31-403 of the Little Rock code. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting/certificate of occupancy. Contact Traffic Engineering 379-1813 (Steve Philpott) for more information. 15. Obtain permits prior to doing any street cuts or curb cuts. Obtain barricade permit prior to doing any work in the right-of-way. Contact Traffic Engineering at (501) 379-1805 (Travis Herbner) for more information. 16. Installation of storm water detention facilities is required. These detention facilities should be operable at the conclusion of grading. Easements for proposed storm water detention facilities are required. 17. Hauling of fill material on or off site over municipal streets and roads requires approval prior to a grading permit being issued. Contact Public Works Traffic Engineering at 621 S. Broadway, (501) 379-1805 (Travis Herbner) for more information. 18. The proposed streets should be constructed to commercial street standards with sidewalks on both sides as required by the Master Street Plan. 19. Coordinate design of traffic signal upgrade with proposed street improvements. Plans to be forwarded to Traffic Engineering for approval. 20. If conditions have changed from previous applications such as building square footage and uses, submit a Traffic Impact Study for the proposed project. Contact Bill Henry, Traffic Engineering, at 379-1816 for specifics of the traffic study. The previous study showed a Level of Service of E and F February 14, 2008 SUBDIVISION ITEM NO.: 7 Cont. FILE NO.: Z-3371-U and traffic would lock up at peek times. In particularly, a recommendation was made to improve the 1-430 interchange to maintain a reasonable Level of Service and prevent long traffic delays. 21. The south driveway on the east side of proposed public street should be removed. 22. Provide phase lines as shown in notes. 23. The driveway from Lot 8 onto Brodie Creek Cove must be located at least 250 feet from the right-of-way line of Brodie Creek Boulevard. 24. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. Per City code driveways accessing commercial streets are to be located 125 feet from property lines. Lots 7 and 8 and Lots 3 and 4 must share driveway accesses centered on the property line. The width of driveway must not exceed 36 feet. 25. It is unknown at this time if additional variances are needed for issuance of a grading permit. 26. Provide a schedule of grading, street construction, boundary street improvements, and building construction. 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: Approved as submitted. 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. Installation of public water mains and private fire facilities will be required to serve this property. Contact Central Arkansas Water regarding procedures for installation of water facilities. 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 development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. C. February 14, 2008 SUBDIVISION ITEM NO.: 7 Cont. FILE NO.: Z-3371-U Fire Department: Install and place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located on a CATA Bus Route. Parks and Recreation: There are proposed trails located within and to the north of the proposed development area. F. ISSUES/TECHNICAUDESIGN: Planning Division: No comment. Landscape: 1. Compliance with the City's Landscape and Buffer Ordinances is required. 2. The landscape ordinance requires a thirty foot wide (30) undisturbed green belt along the Interstate 430. This area is to remain completely undisturbed. 3. The zoning street buffer ordinance requires an average fifty -foot wide (50) landscape area along both Interstate 430 and along Bowman Road. 4. The zoning land use buffer requires a fifty -foot wide (50) land use buffer along the northern perimeter of the site next to the residentially zoned properties. Seventy percent (70%) of these buffers are to remain undisturbed. 5. The site plan reflects residentially zoned properties along the northern perimeter of the site. It is recommended the area be screened visually with vegetation; however, if the proposed vegetation does not meet this visual requirement then a six (6) foot high opaque screen, either a wooden fence with its face side directed outward will be required. 6. This site is being reviewed as one project; therefore, an overall landscape plan for the sites entirety will need to be submitted and approved prior to the issuance of a building permit. Any changes to the approved plan must be coordinated with the zoning department. Final landscaping requirements will ultimately fall upon the developer prior to the issuance of a certificate of occupancy. 7. An automatic irrigation system to water landscaped areas will be required. 8. Prior to the issuance of a building permit, it will be necessary to provide an approved landscape plan stamped with the seal of a Registered Landscape Architect. 7 February 14, 2008 SUBDIVISION ITEM NO.: 7 �Cont} FILE NO.: Z-3371-U 9. The City Beautiful Commission recommends preserving as many existing trees as feasible on this tree covered site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (January 24, 2008) The applicant was present representing the request. Staff presented an overview of the proposed development stating there were a number of issues associated with the request remaining outstanding. Staff questioned the areas of improvements for the first phase of construction, requested the areas proposed for buffers, the plans for maintaining, the plans for removal of the temporary buffers and the areas of permanent buffers including the widths of the permanent buffers. Staff also questioned the maximum building height, the screening of mechanical equipment and the signage plan. Staff stated the dumpsters located adjacent to roadways would require screening and requested the applicant provide details of the proposed screening mechanism. Public Works comments were addressed. Staff stated the site plan indicated a variance to allow advanced grading including an area to the south of the site. Staff requested the developer provide a sketch grading and drainage plan. Staff also stated the abutting streets would require dedication and construction to Master Street Plan standards. Staff requested the applicant provide a letter verifying sight distance at the intersections. Staff stated if conditions had changed from the previous applications such as building square footage and uses a traffic impact study for the proposed project was required. Staff questioned if the previous commitments would continue to apply with regard to off site improvements. Mr. Daters stated a traffic light would be installed at Bowman Road and Brodie Creek Blvd, an additional lane would be added along Colonel Glenn from the Southbound exit ramp of 1-430 to Brodie Creek Blvd and a financial contribution of $100,000 would be provided to be used for a traffic signal at Brodie Creek Blvd and Colonel Glenn Road or to toward access ramps to or from 1-430 or other called for improvements that were required by ordinance. Landscaping comments were addressed. Staff stated the indicated street buffers did not appear to comply with the typical minimum ordinance requirements. Staff stated a small amount of building landscaping would be required at the time of development. Staff stated the buffers and screening along the western perimeter did not comply with typical minimum ordinance standards where the site abutted single-family zoned or used property. Staff requested Mr. Daters provide a site plan with the buffers highlighted. 0 February 14, 2008 SUBDIVISION ITEM NO.: 7 NO.: Z-3371-LJ 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 site plan to staff addressing most of the issues raised at the :January 24, 2008, Subdivision Committee meeting. The applicant has indicated the dimensions of all building setbacks, provided the maximum building height in the general notes section of the site plan and dimensioned the landscape buffer along the northern property line and the Interstate frontage. The applicant is requesting reduced setbacks for all interior lots from the front and side yard setbacks requirement. The development will be developed with a unified development plan and staff does not feel the reduced setbacks will have a negative impact on the adjoining lots. The site plan indicates a maximum building height of 45-feet. The property is presently zoned C-2. Shopping Center District which typically allows a maximum building height of 45-feet. The applicant has indicated tower elements not to exceed 60-feet. The Zoning Ordinance allows steeples, chimneys or similar ornamental structures to be constructed provided the structure does not exceed twice the height permitted in the classification. The indicated structures are within the allowable height for C-2, Shopping Center District zoning. The applicant has indicated all mechanical equipment will be roof mounted and screened from view by parapet walls. The applicant has also indicated the low architectural walls will be faced with stone or brick and conform to the general architectural theme of the center. The applicant has indicated the street buffer along Bowman Road and Colonel Glenn Road to meet the minimum ordinance requirement. The applicant has also indicated landscape islands will be included within the development to soften the impact of the on site paved area complying with the Zoning and Landscape Ordinances. The applicant is requesting a reduced land use buffer along the northwestern property line. The site plan indicates the placement of a 40-foot temporary buffer. The plan indicates the width of the buffer can be achieved but the requirement of 70 percent undisturbed cannot be achieved. The area abuts an adjoining parcel which is bordered by a creek on the northern property line and is not likely to be developed as a residential use. This area will more than likely become a commercial use or be maintained as open space due to the topography and access to the parcel. Staff recommends the 40-foot area be retained and the area replanted upon completion of the grading. A 30-foot landscape strip has been indicated along the Interstate frontage along the 9 February 14, 2008 SUBDIVISION ITEM NO.: 7 Cont. FILE NO.: Z-3371-U southern portion of the site. The landscape strip will be as typically required by the zoning buffer ordinance (Section 36-522(3)). Parking for the development will comply with typical parking required for the activity of the future development of the lots. The site plan indicates Office/Retail shops with a total of 262,600 square feet, a hotel with 75,000 square feet and restaurant space of 15,300 square feet. A total of 1,244 parking spaces have been indicated. Lot 14 is proposed with 20,457 square feet of retail space and 5,500 square feet of restaurant space. A total of 234 parking spaces has been indicated on Lot 14. The indicated parking is more than adequate to meet the typical minimum ordinance standards. Office buildings have been indicated on Lots 6, 7 and 8. The buildings range in size from 75,000 square feet to 112,600 square feet. Restaurants are propose for Lots 1 and 5. A hotel is proposed for Lot 4. The site plan indicates adequate parking to serve the proposed uses. The applicant has indicated signage will comply with signage as typically allowed in commercial zones and wall signage is proposed as allowed in commercial zones per the Zoning Ordinance for percentage coverage. In addition the applicant has indicated fagade signage, over -door transom signage and blade signage. The total sign area and lettering height is based on the tenant space leased by the retailer but less than typically allowed per the zoning ordinance for wall signage in commercial zones. Signage will be placed on the front of the buildings and on the side or rear of the buildings where the building has street frontage or is visible from a nearby street. The applicant has indicated three development signs. One development sign has been requested along 1-430 and is proposed as forty feet in height and a sign area of three hundred square feet. The ordinance typically allows a sign thirty-six feet in height and one hundred sixty square feet in area. Staff is supportive of the increased signage area at this location. Staff recommends the sign height be measured from grade on the applicant's site and not from the centerline of the adjoining interstate. The remainder of the development signs are proposed as a maximum of thirty-six feet in height and one hundred sixty square feet in area. The proposed signage is consistent with signage allowed in commercial zones. The applicant has indicated signage for each of the proposed lots consistent with signage allowed per commercial zones. The site plan also indicates the placement of building signage along the interior drive and along the street sides. The applicant is requesting approval of the creation of a fifteen -lot plat in conjunction with the site plan review. Property zoned C-2, Shopping Center District typically requires a minimum lot size of five acres, except in those instances where a subdivision site plan and plat proposing peripheral lots and 10 February 14, 2008 SUBDIVISION ITEM NO.: 7 Cont. FILE NO.: Z-3371-U multiple ownership is approved by the Commission. The ordinance further states there shall be not less than three hundred feet of district frontage on at least one abutting street, whether for single or multiple building/lot development. Proposed Lots 1, 2, 9, 10, 13 and 14 do not appear to meet the minimum lot width criteria. The lots have public street access. Staff does not feel the development of the lots as proposed will have any adverse impact on adjoining properties. Staff is supportive of the variance request. The applicant has indicated street improvements will be constructed to Bowman Road and Colonel Glenn Road. The applicant is requesting a deferral of street improvements to West 36th Street until adjacent development. Staff is supportive of a five-year deferral of the street improvements to West 36th Street or until adjacent development. The developer has indicated previous commitments for street improvements will be a part of the current application request. The improvements include (1) Traffic light at Bowman Road and Brodie Creek Blvd and related necessary improvements to the intersection of the new road to satisfy the traffic requirements of Brodie Creek Blvd intersecting with Bowman Road. (2) Additional lane along Colonel Glenn from Southbound exit ramp of 1-430 at Colonel Glenn to Brodie Creek Blvd intersection at Colonel Glenn and Brodie Creek Blvd. and (3) Financial contribution of up to $100,000 to go toward first, a traffic light at Colonel Glenn Road and Brodie Creek Blvd, and then any or all widening of Colonel Glenn, access ramps to or from 1-430 or other called for improvements that are required by ordinance. The applicant is requesting a variance from the Land Alteration Ordinance to allow advanced grading of the site. The applicant is requesting to grade the entire site with the development of Phase I of the building construction and the issuance of two building permits for this 80+ acre tract. The applicant has indicated to balance the site, the advance grading is necessary to eliminate hauling of material from the site during construction of the first phase and then bringing the material back during subsequent phases. The applicant has provided a plan which indicates the retention of temporary undisturbed buffers around the perimeter of the site during the grading process. All areas of the site will be screened from the abutting roadways during the grading process and upon completion of the grading, the buffers will remain until the lot which contains the buffer is developed. Staff recommends the developer catch all water located on the east side of Bowman Road and channel the water to the creek located along the northern property line to eliminate any potential for silting of a nearby drainage way located on the west side of Bowman Road near the northwest corner of this site. The applicant has indicated the development will have 24-hour access seven days per week. Staff is supportive of this request. The development will be a mixed use commercial development with restaurants. The site abuts commercial 11 February 14, 2008 SUBDIVISION ITEM NO.: 7 Cont. FILE NO.: Z-3371-U uses to the south and non-residential uses to the west. Staff does not feel the development with the proposed hours will have a negative impact on adjoining properties. The applicant has provided preliminary building elevations and construction materials. Staff continues to have concerns with the massing of the buildings and the view of the rears of the structures when viewed from the adjoining roadways. Staff recommends the buildings be constructed as 360-degree buildings with the rears being treated with architectural elements to break the massing and give the appearance of a false front. Staff recommends the applicant work with staff at the time of building permit to ensure the development is constructed with visual interest and limiting the massing. The dumpster screening has not been addressed. Staff recommends the dumpster facilities located adjacent to the roadways be screened to ensure their appearance from the abutting roadways is not obtrusive. Staff is supportive of the proposed site plan and proposed lot configuration. Staff feels the applicant has done a good job in meeting most of the minimum requirements with regard to a Zoning Site Plan Review for the proposed site with regard to landscaping, access and circulation, signage, maximum building height and parking. Staff is also supportive of the variance request from the Land Alteration Ordinance to allow the grading as proposed by the applicant. Staff feels the indicated buffers are adequate to screen the site from the adjoining roadways until the final development of the lots occurs. To staff's knowledge there are no remaining outstanding technical issues associated with the request. Staff feels the development of the site as proposed should not significantly impact the area. STAFF RECOMMENDATIONS: Staff recommends approval of the requested subject to compliance with the comments and conditions as outlined in paragraphs D, E, F and H of the agenda staff report. Staff recommends the developer catch all water located on the east side of Bowman Road and channel the water to the creek located along the northern property line to eliminate any potential for silting of a nearby drainage way located on the west side of Bowman Road near the northwest corner of this site. Staff recommends approval of the variance request from Section 36-300(e)(2) to allow the creation of lots less than five acres. Staff recommends approval of the variance from Section 36-200(e)(2) to allow reduced lot widths for Lots 1, 2, 9, 10, 13 and 14. 12 February 14, 2008 SUBDIVISION ITEM NO.: 7 Cont. FILE NO.: Z-3371-U Staff recommends approval of the variance from the Land Alteration Ordinance to allow advanced grading of the entire site with the issuance of two building permits on the site. Staff recommends approval of the variance from Section 36-300(e)(1) to allow a reduced building setback from 40-feet to 25-feet and 30-feet. Staff recommends approval of the variance from Section 36-522 to remove the buffer requirement along the northern property line adjacent to Bowman Road maintaining a 40-foot buffer width and replanting the undisturbed buffer area. Staff recommends approval of the variance from the Land Alteration Ordinance to allow an increased slope on selected cuts on the site. Staff recommends approval of the variance from Article X Section 36-554 to allow signage in excess of the typically allowed signage for a commercial development. PLANNING COMMISSION ACTION: (FEBRUARY 14, 2008) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the requested subject to compliance with the comments and conditions as outlined in paragraphs D, E, F and H of the agenda staff report. Staff presented a recommendation the developer catch all water located on the east side of Bowman Road and channel the water to the creek located along the northern property line to eliminate any potential for silting of a nearby drainage way located on the west side of Bowman Road near the northwest corner of this site. Staff also presented a recommendation of approval of the variance request from Section 36-300(e)(2) to allow the creation of lots less than five acres, the variance from Section 36-200(e)(2) to allow reduced lot widths for Lots 1, 2, 9, 10, 13 and 14, the variance request from the Land Alteration Ordinance to allow advanced grading of the entire site with the issuance of two building permits on the site, the variance from Section 36-300(e)(1) to allow a reduced building setback from 40-feet to 25-feet and 30-feet, the variance from Section 36-522 to remove the buffer requirement along the northern property line adjacent to Bowman Road maintaining the 40-foot buffer width and replanting the undisturbed buffer area, the variance from the Land Alteration Ordinance to allow an increased slope on selected cuts on the site and the variance to allow a 40 foot retaining wall that extends approximately 250 feet on the east side of the property. Staff presented a recommendation of approval of the variance from Article X Section 36-554 to allow signage in excess of the typically allowed signage for a commercial development. Staff also presented a recommendation the south driveway on Lot 8 onto Brodie Creek Cove be located at least 250 feet from the right-of-way of Brodie Creek Boulevard as required by code and a recommendation Lots 7 and 8 and Lots 3 and 4 shared driveways on the property line aligned across from each other and not have separate driveways for each lot as shown on revised plan. Staff presented a 13 February 14, 2008 SUBDIVISIO 1TEM NO.: 7(Cont.)FILE NO.: Z-3371-U recommendation the buildings be constructed as 360 degree buildings with the rear of the buildings being treated with architectural elements to break the massing and give the appearance of false fronts and the applicant work with staff at the time of building permit review to ensure the building were constructed with visual interest and limits on the massing of the rear walls abutting roadways. Staff also presented a recommendation the dumpsters be screened from abutting roadways to ensure their appearance is not obtrusive. There was no further discussion of the item. 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, 3 absent and 1 abstention (Commissioner Adcock). 14