FILE NO.: Z-6915-C. Gamble Road Short-form PCD and Land Alteration Variance Request

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1 FILE NO.: Z-6915-C NAME: Gamble Road Short-form PCD and Land Alteration Variance Request LOCATION: Located on the Northwest corner of Chenal Parkway and Gamble Road DEVELOPER: Davis Properties P.O. Box Little Rock, AR ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR ARCHITECT: Terry Burruss, Architects 1202 South Main Street, Suite 230 Little Rock, AR AREA: 3.22 acres NUMBER OF LOTS: 2 FT. NEW STREET: 0 CURRENT ZONING: ALLOWED USES: PROPOSED ZONING: PROPOSED USE: PCD O-3, General Office District and C-3, General Commercial District uses Revised PCD O-3, General Office District and C-3, General Commercial District uses VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: A request to rezone the site from O-3, General Office District to PCD was reviewed and approved by the Little Rock Planning Commission at their March 8, 2001, Public Hearing. This applicant requested staff not forward the item to the Board of Directors

2 for final action therefore the property remained zoned O-3. The applicant proposed a three-lot plat to consist of O-3, General Office District permitted uses and a furniture store. The Planning Commission reviewed and approved a request for a preliminary plat of this site at their May 26, 2005, Public Hearing. The applicant requested the subdivision of 3.22 acres of O-3, General Office District zoned property into two lots. The average lot size proposed was 1.79 acre with Lot 1 being 1.23 acres and Lot 2 being 2.34 acres. Proposed Lot 1 had street frontage to Chenal Parkway but was not allowed a driveway access. A cross access and utility easement was approved to serve Lot 1. Ordinance No. 19,455 adopted by the Little Rock Board of Directors on December 5, 2005, rezoned the site from O-3, General Office District to PCD and established Gamble Road Short-form PCD. The rezoning for Lot 2 to PCD allowed the development of Gamble Road Plaza Center a three-story building with a lower level, a main level and an upper level. The lower level would be used for office space and some storage space. The main level was proposed for retail space and the upper level containing office space. The site was to be developed with approximately 12,000 square feet of retail space and 19,630 square feet of office space. The development was proposed as 62 percent office utilizing O-3, General Office District uses and 38 percent commercial utilizing C-3, General Commercial District uses. The applicant indicated a furniture store was proposed to locate on the site along with several office users. The furniture store would have an area of showroom and display along with an area of warehousing. The applicant proposed the right of way for Gamble Road be abandoned and access to Rock Creek Park to the north preserved via an access and utility easement located within the east 20-feet of the existing right of way. Access to Lot 1 would be maintained with an access easement for use of the existing driveway along the east side of Lot 1. Ordinance No. 19,454 adopted by the Little Rock Board of Directors on December 5, 2005, abandoned the right of way for Gamble Road. A. PROPOSAL/REQUEST: The applicant is now seeking a rezoning of the site to allow the development of the site in two phases with a single building constructed in each phase. The first phase is proposed with the construction of a 6,000 square foot two story building constructed for an office user. The second building is also proposed as a two-story building with 20,300 square feet utilizing the ground level as retail and the upper level as office spaces. The site plan includes 76 on-site parking spaces to serve the development. The applicant is also seeking a variance from the Land Alteration Ordinance to allow advanced grading of the site. The applicant is seeking to grade the entire site with the construction of the sites first building. 2

3 B. EXISTING CONDITIONS: The site contains an existing medical office building taking access from Gamble Road (previously abandoned). There is an apartment complex located to the west of the site. To the north of the site is the Rock Creek Floodway; an area identified on the Parks Master Plan as recreational open space. The area to the east of the site is zoned PCD and is a strip retail center. South of the site are commercial uses located on C-3, General Commercial District zoned property. C. NEIGHBORHOOD COMMENTS: The Parkway Place Neighborhood Association, the Gibralter Heights Neighborhood Association along with all property owners located within 200-feet of the site and all residents who could be identified located within 300 feet of the site were notified of the public hearing. As of this writing staff has received one informational phone call from an area resident. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. A grading permit in accordance with Section (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. If the applicant plans to clear Phase 2 with construction of Phase 1, a variance from the Land Alteration Regulations must be requested. 2. A Sketch Grading and Drainage Plan will be required per Section (e). 3. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. 4. 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. 5. A special Grading Permit for Flood Hazard Areas will be required per Section prior to construction. 6. Provide existing topographic information at maximum five-foot contour interval. Show the limits of the 100-year floodway and floodplain. 7. The minimum Finish Floor elevation is required to be shown on plat and grading plans. 8. The median shown in the site plan is not drawn correctly. The intersection has 2 thru lanes and a right turn lane. 3

4 9. In accordance with Section , floodway areas must be shown as floodway easements or be dedicated to the public. In addition, a 25 foot wide access easement is required adjacent to the floodway boundary. 10. The abandoned right of way must be platted with a 20 foot access easement to allow access to City owned property for maintenance. The previous application showed the easement on the eastern side of the abandoned right of way. 11. The proposed driveway into and out of proposed development must be redesigned for a straight vehicular movement into and out of the development and not require vehicles to jog left or right. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to the site. Sewer service for Chenal Parkway may cross property involved in development. If so sewer main will be required with easement to serve the existing building. Contact Little Rock Wastewater Utility at for additional information. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: Contact Central Arkansas Water regarding the size and location of the water meter. Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). No signs, light poles, flag poles or other objects with foundations will be allowed within the waterline easement crossing this property. Extra care must be taken to protect the water main within this easement. Fire Department: Place and install 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 dedicated CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Chenal Planning District. The Land Use Plan shows Multi Family for this property. The applicant has applied for a revised Planned Commercial Development to allow construction of two buildings on the site. 4

5 A Land Use Plan Amendment (LU ) to change this area to Mixed Use was approved by the Planning Commission for this site on March 8, 2001, but this amendment was never acted on by the Board of Directors. If the current zoning item Z-6915-C is approved by the Planning Commission, this Land Use Plan amendment will go to the Board of Directors along with the zoning item. Master Street Plan: Chenal Parkway is shown as a Principal Arterial on the Master Street Plan. This street may require dedication of right-of-way and may require 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. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians since this is a Principal Arterial. Bicycle Plan: A Class I bike route is shown north of this site according to the Master Street Plan bicycle section. A Class I bikeway is built separate from or alongside a road. Additional paving and right of way may be required. City Recognized Neighborhood Action Plan: The applicant s property lies in the area covered by the Rock Creek Neighborhood Action Plan. The Park and Recreation goal states: Work with Parks and Recreation to develop open space behind Target into a passive park system with access from Chenal Parkway (via Gamble Road) and Markham Street. The Office and Commercial Development goal states: Aggressively use Planned Zoning Districts (PZDs) to influence more neighborhood-friendly and better quality developments. Landscape: 1. The site plan must comply with the City s minimal landscape and buffer ordinance requirements. 2. The zoning buffer ordinance requires a twenty-three foot (23 ) wide land use buffer along the northern perimeter of the property. Seventy percent of this area is to remain undisturbed. 3. The zoning buffer ordinance requires a twenty foot wide (20 ) land use buffer along the western most portion of the property, next to the residentially zoned areas. Seventy percent of this area is to remain undisturbed. 4. The zoning buffer ordinance requires a nine foot wide (9 ) land use buffer along the western/southern portion of the site, next to the office zoned property. Seventy percent of this area is to remain undisturbed. 5. The zoning street buffer requires an average twenty-three foot (23 ) wide street buffer and in no point be less than half along Chenal Parkway. 6. A six (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 northern, western, and southern perimeters of the site, where located to areas that are deemed less intensity uses by the City of Little Rock code. Credit 5

6 towards fulfilling this requirement can be given for existing trees and undergrowth that satisfies this year-around requirement. 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. 9. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (July 26, 2007) The applicant was present. Staff presented an overview of the proposed development stating there were a number of technical issues associated with the request remaining outstanding. Staff requested the applicant include a cross access easement on the site plan to serve Lot 1. Staff also questioned the total office and total commercial spaces proposed for the site. Staff questioned if the developers were willing to limit the available square footage for restaurant use. Staff stated the site was located within the Chenal Design Overlay District which regulated signage and overhead utilities. Staff questioned the location for the proposed signage including the total height and area and the total area for the proposed building signage. Public Works comments were addressed. Staff stated the driveway into the proposed development must be realigned to provide straight vehicular movement into and out of the development. Staff stated the abandoned right of way must be platted as a 20 foot access easement to access City owned property for maintenance. Staff questioned if the entire site would be cleared with the development of Phase I. Staff stated if this was the case a variance from the Land Alteration Ordinance would be required. Landscaping comments were addressed. Staff stated a minimum street buffer of 23-feet would be required along Chenal Parkway. Staff also stated a 20-foot land use buffer would be required along the western perimeter and 9-foot along the eastern perimeter. Staff stated an automatic irrigation system would be required to water landscaped areas. Staff stated a landscape plan would be required prior to the issuance of a building permit. 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. 6

7 H. ANALYSIS: The applicant submitted a revised site plan to staff addressing most of the issues raised at the July 26, 2007, Subdivision Committee meeting. The revised plan has not addressed staff s concerns related to vehicular access. Vehicles must still jog left or right to enter or exit the development creating a traffic hazard. Staff feels only a minor modification is necessary to remedy this situation and recommends the entrance be redesigned with the assistance of the City Traffic Engineer. The site is proposed for development in two phases with a single building constructed in each phase. The first phase is proposed with the construction of a building footprint with 3,000 square feet and the structure being a two story office building. The second building is proposed as a two story building with a 10,150 square foot building footprint utilizing the ground level as retail and the upper level as office spaces. The maximum building height proposed is 30-feet. The request includes a limit of 20 percent of the gross floor area for a restaurant user or 2,030 square feet. The total building square footage proposed for the site is 26,300 square feet with 16,150 square feet designated for office space and 10,150 square feet for commercial space. The site plan includes 76 on-site parking spaces to serve the development. Based on typical minimum parking requirements a total of 40 parking spaces would be required to serve the proposed office use and 33 to serve the commercial space. Based on a portion of the site being used for a restaurant use 47 parking spaces would be required to serve the commercial portion of the development or 20 spaces for the restaurant and the remainder to serve potential commercial users. Based on the maximum intensity of uses a total of 80 parking spaces would typically be required for the office and commercial uses. Although the indicated parking is four spaces less than the typical minimum ordinance requirement staff is supportive of the parking as proposed. The street buffer has been indicated at 11-feet 9-inches narrowing to 9-feet. The ordinance typically requires the placement of a 23-foot street buffer and in no case less than one-half or 11-feet 5-inches. The width of the drive aisle accessing the western property exceeds the typical design standard and could be reduced to allow for the typical minimum width of the street buffer. Staff recommends the drive be reduced to allow the entirety of the street buffer to be not less than 11-feet 5-inches. In addition, staff recommends the applicant provide a berm and additional plantings at one and one-half times the typical planting requirement in this area to enhance the landscaped area and minimize any potential impact of the reduced buffering. A single ground mounted sign has been indicated on the site plan at the driveway entrance. The sign is proposed consistent with signage allowed per the Chenal Design Overlay District or a maximum of eight feet in height and 100 square feet in area. Building signage is proposed as typically allowed per the zoning ordinance for commercial building signage or a maximum of ten percent of the 7

8 façade area. The applicant is seeking to place the signage on the fronts of the building as allowed in Section According to this section all on-premise wall signage must face required street frontage except in complexes where a sign without street frontage would be the only means of identification for a tenant. The applicant is also seeking a variance from the Land Alteration Ordinance to allow advanced grading of the site. The applicant is seeking to grade the entire site with the construction of the sites first building. Staff is supportive of the request but requests the applicant provide sketch grading and drainage plan showing areas proposed to be graded and areas not disturbed prior to the issuance of a building permit. The site plan includes the placement of a dumpster pad containing two dumpster receptacles. The hours of service are indicated after 6:00 am. The site is located adjacent to Rock Creek with the St. Charles Neighborhood to the north and an apartment development located to the west. To limit the potential adverse impacts to the adjoining residential uses, staff recommends the dumpster service hours be limited to daylight hours. Staff is supportive of the applicant s request. The applicant is seeking a rezoning of the site to allow the site to develop with a mixed use development utilizing 61 percent of the site as office uses. Although the site does not fully comply with the typical minimum standards for parking and street buffering staff does not feel the development as proposed will significantly impact the development or the adjoining properties. To staff s knowledge there are no remaining outstanding technical issues associated with the request. I. STAFF RECOMMENDATIONS: Staff recommends approval of the request 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 applicant increase the street buffer along Chenal Parkway to a minimum of 11-feet 5-inches and include a berm and additional plantings at one and one half times the typical minimum ordinance requirement. Staff recommends approval of the variance request from the Land Alteration Ordinance to allow grading of the area proposed for Phase II with the development of Phase I. Staff recommends the dumpster service hours be limited to daylight hours. PLANNING COMMISSION ACTION: (AUGUST 16, 2007) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to 8

9 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 street buffer along Chenal Parkway be increased to a minimum of 11-feet 5-inches and include a berm and additional plantings at one and one half times the typical minimum ordinance requirement. Staff presented a recommendation of approval of the variance request from the Land Alteration Ordinance to allow grading of the area proposed for Phase II with the development of Phase I. Staff also presented a recommendation the dumpster service hours be limited to daylight hours. 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 7 ayes, 0 noes, 3 absent and 1 open position. 9