NAME:   Basham Cantrell Long-form PCD

LOCATION:  Located South of Cantrell Road, West of Taylor Loop Road

DEVELOPER: 

Basham Inc.

1123 South University Avenue, Suite 245

Little Rock, AR 72204

ENGINEER:

DCI Consultants, Inc.

2200 North Rodney Parham Road

Little Rock, AR 72212

AREA: 6.49 Acres    NUMBER OF LOTS:  3     FT. NEW STREET:  0

CURRENT ZONING:  R-2, Single-family

ALLOWED USES:  Single-family residential

PROPOSED ZONING:   PCD

PROPOSED USE:  Office and commercial

VARIANCES/WAIVERS REQUESTED:  None requested.

Staff has been unable to contact the applicant concerning outstanding issues from the August 5, 2004 Subdivision Committee meeting. Staff recommends this item be deferred to the October 7, 2004 Public Hearing.

A.     PROPOSAL/REQUEST:

The applicant proposes the development of this site as an office and retail development through a planned commercial development and the creation of a three lot plat. The site plan includes the placement of four office buildings totaling 40,000 square feet on the rear lot (Lot 3) and the placement of a 10,200 square foot retail building on proposed Lot 2. Lot 1 is proposed to be held for future development.

 

The proposed uses requested in the application are as follows: Lots 1 & 2 are proposed to have the following commercial uses: Antique shop, with repair, Auto parts and accessories, Bakery or confectionery shop, Bank or savings and loan office, Barber and beauty shop, Beverage shop, Book and stationery store, Butcher shop, Camera shop, Cigar, tobacco and candy store, Clinic (medical, dental or optical), Clothing store, Community welfare or health center, Custom sewing and millinery, Day nursery or day care center, Drugstore or pharmacy, Duplication shop, Eating place without drive-in service, Establishment of a religious, charitable or philanthropic organization, Feed store, Florist shop, Food store, Furniture store, Handicraft, ceramic sculpture or similar artwork, Hardware or sporting goods store, Health studio or spa, Hobby shop, Jewelry store, Job printing, lithographer, printing or blueprinting, Key shop, Laboratory, Dry Cleaners or pickup station, Lawn and garden center, enclosed, Library, art gallery, museum or similar public use, Lodge or fraternal organization, Medical appliance fittings and sales, Office (general and professional), Office equipment sales and service, Optical shop, Paint and wallpaper store, Pet shop, Photography studio, Retail uses not listed (enclosed), School (business), School (commercial, trade, or craft), Shoe repair, Studio (art, music, speech, drama, dance or other artistic endeavors), Studio broadcasting and recording, Tailor, Tool and equipment rental (inside display only), Travel bureau.

 

Lot 3 is to be limited to the following general office uses: Bank or savings and loans office, Clinic (medical, dental or optical), Duplication shop, Establishment of religious, charitable or philanthropic organization, Laboratory, Lodge or fraternal organization, Mortuary or funeral home, Office (general or professional), Photography studio, School (business), School (public or denominational), Studio (broadcasting and recording), Studio (art, music, speech, drama, dance or other artistic endeavors), Travel bureau. The applicant is also requesting accessory uses allowed under 0-3 zoning up to ten percent of the total floor area for Lot 3.

 

B. EXISTING CONDITIONS:

The site is tree covered site. To the east of the site is a commercial business, David Claiborne’s Antiques, and to the west of the site is a single-family home. To the south of the site are single-family homes in the Westchester Subdivision. North of the site is a mixture of residential and non-residential uses. A Wal-Green’s Pharmacy is located to the northeast and a bank to the northwest.

 

C. NEIGHBORHOOD COMMENTS:

The Johnson Ranch Neighborhood Association, the Westchester/Heatherbrae Neighborhood Association, all owners of property located within 200-feet of the site and all residents located within 300-feet of the site, who could be identified, were notified of the public hearing. As of this writing staff has received several phone calls in opposition to the request from area residents.

 

 

D. ENGINEERING COMMENTS:

Public Works:

 

Cantrell Road is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way 55-feet from centerline will be required. No survey or proposed dedication is provided to document compliance.

Sidewalks with appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. All driveways shall be concrete aprons per City Ordinance.

Provide the direction of flow and all storm water flows (Q) entering and leaving the property and any proposed piping.

Storm water detention ordinance applies to this property. Shown the proposed location for storm water detention facilities on the plan.

Plans for all work in the 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) and AHTD, District 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.

Prepare a letter of pending development addressing streetlights as required by Section 31-403 of the Little Rock Code of Ordinances. Contact Traffic Engineering at (501) 379-1813 (Steve Philpott) for more information.

Show cross-access easement for properties to the east and west.

 

E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:

Wastewater: Sewer main extension required, with easements, if service is required for the project. Contact Little Rock Wastewater Utility at 688-1414 for additional information.

 

Entergy: Approved as submitted.

 

Center-Point Energy: Approved as submitted.

 

SBC: No comment received.

 

Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. A Capital Investment Charge based on the size of connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. A water main extension will be required in order to provide service to this property. On site fire protection will be required. 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.

 

Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department at 918-3752 for additional information.

 

County Planning: No comment.

 

CATA: No comment received.

 

F. ISSUES/TECHNICAL/DESIGN:

Planning Division: This request is located in the Chenal Planning District. The Land Use Plan shows Transition for this property. The applicant has applied for a Planned Commercial Development for three lots with two lots of commercial uses fronting on Cantrell Road and one lot in the rear with four office buildings.

 

A land use plan amendment for a change to Commercial is a separate item on this agenda (LU04-01-05).

 

Master Street Plan: Cantrell Road is shown as a Principal Arterial on the Master Street Plan and may require dedication of right-of-way and street improvements. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas.

 

City Recognized Neighborhood Action Plan: The property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan

 

Landscape: Areas set-aside for buffers and landscaping meet with ordinance requirements.

 

A 6-foot high opaque screen, either a wooden fence with its face side directed outward, a wall or dense evergreen plantings, is required along the southern and western perimeters of the site.

 

An irrigation system to water landscaped areas will be required.

 

Prior to a building permit being issued, it will be necessary to provide landscape plans stamped with the seal of a Registered Landscape Architect.

 

The City Beautiful Commission recommends preserving as many trees as feasible on this property. Extra credit toward fulfilling Landscape Ordinance requirements can be given when properly preserving trees of 6-inch caliper or larger.

 

A tree count of trees 6-inch caliper or larger should be provided within the proposed 40-foot wide southern perimeter land use buffer. This buffer should be labeled as an undisturbed area. Temporary fencing must be in place to protect trees prior to site work taking place.

 

 G. SUBDIVISION COMMITTEE COMMENT:       (September 16 2004)

Mr. Robert Brown and Mr. Charles Basham were present representing the request. Staff stated the item was a deferred item from the August 26, 2004, public hearing and the applicant had requested to discuss the item before the Subdivision Committee prior to the public hearing. Staff noted all comments were previously given to the applicant and the applicant had addressed most of the issues.

 

Staff stated the site had a history of drainage complaints. Staff questioned the proposed detention. Mr. Brown stated detention would be handled from a detention basin located near Cantrell Road. Mr. Brown stated there was not a defined channel, just surface flow through the site. He stated a small portion of the site would drain to the southwest along an existing drainage basin.

 

Mr. Brown stated landscaping comments had been addressed. He stated the development would include the placement of the required buffer and screening. He stated in addition a row of evergreen plantings would be added to the rear of the buildings to further screen the development from the adjoining single-family homes.

 

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 has submitted a revised site plan indicating four single story office buildings on proposed Lot 3. The applicant has also indicated a 10,200 square foot retail building on Lot 2 and has indicated Lot 1 will be held for future commercial development. The applicant is requesting the approval of a three lot plat in conjunction with the PCD zoning request. The applicant has indicated Lot 1 will contain 1.26 acres, Lot 2 will contain 1.66 acres and Lot 3 will contain 3.57 acres. The Highway 10 Design Overlay District typically requires a two acre minimum lot size for development. Through the Planned Development process, sites containing less than two acres may be developed.

 

The applicant has indicated signage on the proposed site plan consistent with signage allowed in the Highway 10 Design Overlay District for Lots 1 and 2. The applicant has indicated a single sign located on each of the proposed lots abutting Cantrell Road a maximum of six feet in height and seventy-two square feet in area. The applicant has indicated each of the buildings on Lot 3 will have a single ground mounted sign a maximum of six feet in height and sixty-four square feet in area. The ordinance typically allows a single sign for each individual lot.

 

The applicant has indicated the proposed development of the site as an office and retail development. The proposed uses requested in the application are as follows: Lots 1 & 2 are proposed to have the following commercial uses: Antique shop, with repair, Auto parts and accessories, Bakery or confectionery shop, Bank or savings and loan office, Barber and beauty shop, Beverage shop, Book and stationery store, Butcher shop, Camera shop, Cigar, tobacco and candy store, Clinic (medical, dental or optical), Clothing store, Community welfare or health center, Custom sewing and millinery, Day nursery or day care center, Drugstore or pharmacy, Duplication shop, Eating place without drive-in service, Establishment of a religious, charitable or philanthropic organization, Feed store, Florist shop, Food store, Furniture store, Handicraft, ceramic sculpture or similar artwork, Hardware or sporting goods store, Health studio or spa, Hobby shop, Jewelry store, Job printing, lithographer, printing or blueprinting, Key shop, Laboratory, Dry Cleaners or pickup station, Lawn and garden center, enclosed, Library, art gallery, museum or similar public use, Lodge or fraternal organization, Medical appliance fittings and sales, Office (general and professional), Office equipment sales and service, Optical shop, Paint and wallpaper store, Pet shop, Photography studio, Retail uses not listed (enclosed), School (business), School (commercial, trade, or craft), Shoe repair, Studio (art, music, speech, drama, dance or other artistic endeavors), Studio broadcasting and recording, Tailor, Tool and equipment rental (inside display only), Travel bureau.

 

Lot 3 is to be limited to the following general office uses: Bank or savings and loans office, Clinic (medical, dental or optical), Duplication shop, Establishment of religious, charitable or philanthropic organization, Laboratory, Lodge or fraternal organization, Mortuary or funeral home, Office (general or professional), Photography studio, School (business), School (public or denominational), Studio (broadcasting and recording), Studio (art, music, speech, drama, dance or other artistic endeavors), Travel bureau. The applicant is also requesting accessory uses allowed under 0-3 zoning up to ten percent of the total floor area for Lot 3.

 

The applicant has indicated the days and hours of operation for the office development will be from 7:00 am and 6:00 pm, Monday through Saturday only. Lot 1 is proposed to have limited hours of operation and may be open between the hours of 5:00 am and 2:00 am seven days per week. Lot 2 is proposed to have limited hours of operation between 6:00 am and 11:00 pm seven days per week.

 

The applicant has provided the following phasing plan for proposed Lot 3. The southern two buildings will be completed within 1.5 to 2 years following approval. The other two buildings would be completed within 3 to 4 years following approval. The applicant has indicated if a development is secured for Lot 1 the PCD will be revised to indicate the building footprint, parking and landscaped areas.

 

Staff is not supportive of the applicant’s request. The site is located in an area, shown as Transition on the City’s Future Land Use Plan, which does not allow for commercial development. Staff feels the development is too far west of an existing commercial node and does not feel the expansion of this node is appropriate at this time. Staff feels the site should be developed with uses allowed in the Transition category of the Future Land Use Plan to allow a step down from the commercial node located at the intersection of Taylor Loop Road and Cantrell Road. Staff feels the placement of the four office buildings on the rear of the site is appropriate but also feels the front two lots should also be developed with office uses. Staff would also question some of the requested uses for the proposed office site. Staff does not feel a mortuary or funeral home, studio (broadcasting and recording) or lodge or fraternal organization are appropriate uses for the site.

 

In addition, the applicant has indicated the development of the site with a three lot plat, two of which are less than the minimum square footage required by the Highway 10 Design Overlay District. Staff feels the development of these two lots with less than the minimum acreage required will erode the corridor. Staff feels the site should be developed as an office development limiting the commercial uses to those allowed in office zones or ten percent of the gross floor area.

 

I. STAFF RECOMMENDATION: 

The applicant was present representing the request. There were no registered objectors present. Staff stated the applicant was working with them to resolve outstanding technical issues associated with the proposed site plan. Staff presented a recommendation the item be deferred to the October 7, 2004, Public Hearing to allow the applicant additional time to resolve the outstanding issues.

There was no further discussion of the item. The chair entertained a motion to place the item for inclusion on the consent agenda for deferral. The motion carried by a vote of
9 ayes, 0 noes and 2 absent.

PLANNING COMMISSION ACTION: (OCTOBER 7, 2004)

Mr. Randy Frazier was present representing the applicant. There were registered objectors present. Staff stated the applicant had submitted a request dated October 4, 2004, requesting this item be deferred to the December 2, 2004, Public Hearing. Staff stated the request would require a waiver of the By-Laws for the late deferral request. Staff stated they were supportive of the applicant’s request.

There was no further discussion of the item. The Chair entertained a motion to place the item on the Consent Agenda for deferral. The motion carried by a vote of 9 ayes,
0 noes and 2 absent.

The applicant submitted a revised plan to staff and revised the list of requested uses for the proposed development. The revised site plan includes the placement of a 13,600 square foot office building on proposed Lot 2 and the placement of four buildings totaling 40,000 square feet of office on proposed Lot 3. The applicant has indicated Lots 1 and 2 will be developed with entirely O-3, General Office uses with no allowance for accessory uses. The applicant is requesting to concentrate the allowable ten percent commercial activities, typically allowed for O-3 zoned properties, on proposed Lot 1. The applicant has indicated a maximum of 5,300 square feet of accessory retail will be located in the proposed building for Lot 1.

The applicant is now requesting Lots 2 and 3 be allowed O-3, General Office uses with no accessory or conditional uses. The applicant is requesting the 5300 square foot building on Lot 1 be allowed O-3, General Office uses; O-3 accessory uses; plus the following commercial uses: Bakery, Specialty foods, Butcher shop, Commercial catering, Store or studio for artwork or ceramics or handicraft, Hardware store, Sporting goods store, Medical support services, Office equipment sales and service, Optical shop, Paint and wallpaper store, Video rental store, and Window treatments and/or interior decorator shop with no limit on the percentages.

The applicant has indicated the proposed drainage will run along the south side of Cantrell Road and carry storm water directly to the creek channel west of the site, instead of releasing it at the western edges of the site. The applicant has indicated it may also be possible to accomplish this by connecting to the existing drainage facilities existing along Cantrell Road.

The site plan includes the placement of an eight foot wood fence along the southern and eastern perimeters to act as screening were adjacent to residentially zoned properties. The applicant as also included the placement of a 48-foot buffer along the southern boundary to act as a buffer to the adjoining single-family neighborhood. The site plan includes the placement of 36-feet of undisturbed buffer area and 8-feet of landscaping to be replanted with evergreen shrubs such as southern magnolias that are eight feet in height, and branched full to the ground. The Highway 10 Design Overlay District typically requires a 40-foot rear yard buffer. The proposed buffer exceeds the minimum ordinance requirement by 20 percent.

Staff is not supportive of the proposed development. The development is proposed as a three lot plat with a mixture of office and commercial uses. The applicant is proposing Lot 1 to potentially be developed as 100 percent commercial. Staff does not feel the intent of the Mixed Office Commercial Land Use designation is to allow lots within a development to develop independently as a retail development and two office lots. Staff feels the intent of a Mixed Office Development is to allow a truly mixed development within the buildings and without independent lots. As staff previously indicated staff is supportive of the site developing as an office development and the individual buildings being allowed ten percent accessory uses but not of concentrating the commercial activity on one lot within the development.

PLANNING COMMISSION ACTION: (DECEMBER 2, 2004)

Mr. Robert Brown was present representing the request. There were registered objectors present. Staff presented the item indicating the request had been amended to a POD. Staff stated the applicant was now requesting an office development with O-3 uses being allowable uses and the allowable ten percent accessory uses listed with no more than ten percent of the gross floor area in each building. Staff stated the building foot print for Lot 1 had not been determined and an amendment would be sought when development plans were secured. Staff stated the request was consistent with the City’s Future Land Use Plan and consistent with the requirements of the Highway 10 Design Overlay District. Staff presented a recommendation of approval of the request.

Mr. Robert Brown addressed the Commission on the merits of the proposed request. He stated the proposed site contained 6.6 acres. He stated of the 6.6 acres 1.56 acres were being held as buffers for adjoining properties. He stated there had been several revisions to the proposed request. He stated there had been two meetings with the neighborhood and some of their request had been included in the proposed request. He stated the neighborhood was requesting a 75 to 100-foot buffer along the southern perimeter similar to the commercial development to the east. He stated Harvest Foods was developed as a commercial development and the 100-foot buffer made sense to protect the neighborhood. He stated the request before the Commission currently was an office development not a commercial development. He stated the proposed site plan included the placement of a 48-foot setback with 36-feet remaining undisturbed.

He stated he was well aware of the flooding problems the neighborhood suffered. He stated the developer had committed to pipe the water from the site to Cantrell Road. He stated only a small portion of the site would continue to drain to the south. He stated there was an existing drainage way along the western edge of the property, which would be handled by canalization or piping around the southern perimeter and along the western property line.

He stated the developer had agreed to place additional plantings within the buffer area both in the disturbed and undisturbed areas. He stated a six foot fence would also be placed along the retaining wall to add additional screening. He stated the buffer area contained mature trees, which did not allow for under growth. He stated the developer had also agreed to not place any HVAC units on the rears of the buildings adjacent to the single-family subdivision.

Mr. Robbie Linn addressed the Commission in opposition of the proposed request. He stated his home was located at 14 Westchester Court immediately south of the proposed development. He stated the neighborhood had very little notice of the proposed changes to the request. He provided pictures of the proposed development and the indicated buffer areas. He also provided an elevation of the proposed building height in relation to the proposed single-family homes. He stated the proposed development would tower above the homes with little buffer or screening. Mr. Linn stated the retaining wall would be 24-feet in height and the buildings would be 15-feet in height. He stated the buildings would be 40-feet above the homes. He stated the lighting would then be 50 to 60-feet above the neighboring homes.

Mr. Linn stated he disagreed with staff concerning the compatibility of the proposed request. He stated according to the City codes proposed developments were to provide for a transition between adjoining uses and not be used for the sole benefit of the applicant. He stated he felt the proposed development would adversely affect the quality of life of the adjoining property owners and he felt the request did not comply with the existing codes and ordinances. Mr. Linn stated the neighborhood was requesting a 100-foot buffer similar to the buffer provided by Harvest Foods. He stated the site contained 53 parking spaces more than was typically required by ordinance. He stated with the removal of the additional parking spaces additional buffers could be provided. He also requested the developer provide a detailed drainage analysis prior to approval to ensure the drainage proposed was adequate to handle the development and run-off.

Mr. Bob Altof addressed the Commission in opposition of the proposed request. He stated planning was for the past, present and future. He stated the City was aware of the neighborhood’s flooding problems. He stated the subdivision’s drainage was listed on the City’s un-funded infrastructure improvement list. He stated it was important to address the existing problems before approving a plan which would provide additional drainage problems.

Mr. William Ripple addressed the Commission in opposition of the proposed request. He stated the property currently drained to the northeast. He stated the proposed development would directly affect the existing drainage of the site. He stated the water flow would be impeded with the proposed buffer. He stated if the buffer were increased to 100-feet the drainage concerns could be minimized.

Mr. Nathan Culp addressed the Commission in opposition of the proposed request. He stated he was President of the Westbury Neighborhood Association. He stated the neighborhood was opposed to the development of the site as intensely as requested. He stated the primary concerned with for the quality of life of the area residents. He stated two buildings containing 10,000 square feet each sitting on top of a 24-foot retaining wall would not contribute to the quality of life of the area residents.

Mr. Robert Brown stated the drainage plan was part of the PZD request. He stated the proposal was to take six to six and one-half acres out of the existing watershed. He stated water would be collected and piped to Cantrell Road. He stated the retaining walls would be poured in place walls for the building foundation and architectural blocks could be used in the other locations.

There was a general discussion concerning the proposed development and the indicated retaining walls. Staff stated the walls would require a variance to allow the indicated height. Mr. Brown stated he was willing to terrace the walls and provide an additional ten feet of building setback to provide the required ten foot bench. Mr. Brown stated landscaping would be placed on the bench to provide additional screening. The Commission questioned the required landscaping. Staff stated the spacing would be fifteen feet with two inch caliper trees and also shrubs put in place to break the massing of the wall. Staff stated both the lower and upper terraces would require plantings.

A motion was made to approve the request as amended. The amendment included the placement of additional plantings within the buffer both the disturbed and undisturbed areas, the uses of the site be limited to O-3 uses and the allowable accessory uses limited to ten percent of the gross floor area of each building, the placement of architectural blocks limited to a maximum wall height of fifteen feet with a ten foot terrace to be planted with trees on a minimum of 15-foot centers and additional shrubs, and the planting of trees and shrubs on the top of the terrace and a six foot fence with the face side directed outward. The motion failed by a vote of 5 ayes, 4 noes and
2 absent.