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pc_07 14 2022 LITTLE ROCK PLANNING COMMISSION SUMMARY AND MINUTE RECORD JULY 14, 2022 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present there being ten (10) members present. II. Members Present: Harold Betton Derick Brooks Todd Hart Marlon D. Haynes Kat Hodge Paul Latture Alicia McDonald Diana M. Thomas Michael Vickers Robby Vogel Members Absent: Open Position City Attorney: Shawn Overton III. Approval of the Minutes of the June 9, 2022 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION AGENDA JULY 14, 2022 OLD BUSINESS: Item Number: File Number: Title: A. Z-9681 Rezoning from I-2 to I-3 East side of Thayer Street (2000 Block) B. Z-9689 Rezoning from R-2 to R-4 13506 Alexander Road NEW BUSINESS: Item Number: File Number: Title: 1. S-1930 Harley Lane Minor Subdivision – Final Plat West side of Arch Street Pike, approximately 0.46 mile south of W. 65th Street 2. Z-8142-C PDC Development Co. – Conditional Use Permit 4124 S. Shackleford Road 3. Z-9692 JRJ Building, LLC Duplex – Conditional Use Permit 1504 S. Valentine Street 4. Z-9698 Christ Community Church – Conditional Use Permit Northeast corner of Chenal Pkwy. and Chenal Valley Drive 5. Z-9696 Rezoning from R-2 to C-4 12297 Interstate 30 6. Z-9536-A Woodlands Valley – Revised PRD South side of Cooper Orbit Road at Kanis Road Agenda, Page Two NEW BUSINESS: (Continued) Item Number: File Number: Title: 7. Z-9695 The Villas at Autumn Road – PRD 400-412 Autumn Road 8. A-341/Z-9699 Thibault Zeuber Annexation and I- 3, Heavy Industrial Zoning Northwest corner Thibault and Zeuber Roads 9. Discussion Item: “Complete Streets: Bicycle Plan” 10. Zoning Ordinance Amendment to add Short-Term Rental. 11. Presentation on establishment of Central High Local Ordinance Historic District July 14, 2022 ITEM NO.: A FILE NO.: Z-9681 NAME: Rezoning from I-2 to I-3 LOCATION: East side of Thayer Street (2000 Block) DEVELOPER: Stedman Williams 3616 Stonehedge Drive Little Rock, AR 72204 OWNER/AUTHORIZED AGENT: Stedman Williams 3616 Stonehedge Drive Little Rock, AR 72204 SURVEYOR/ENGINEER: Brooks Surveying 20820 Arch Street Pike Hensley, AR 72065 AREA: 1.00 acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 1 PLANNING DISTRICT: 8 CENSUS TRACT: 11 CURRENT ZONING: I-2 VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is proposing to rezone the 1.00 acre located on the East side of Thayer Street (2000 Block) from “I-2” Industrial to “I-3” Industrial to allow for development of a contractor maintenance yard and ready-mix concrete plant. B. EXISTING CONDITIONS: The property is currently vacant and is heavily wooded. The property contains varying degrees of slope, primarily sloping downward from north to south. July 14, 2022 ITEM NO.: A (Cont.) FILE NO.: Z-9681 2 C. NEIGHBORHOOD NOTIFICATIONS: All owners of property within 200 feet of the site and all neighborhood associations registered with the City of Little Rock were notified of the public hearing. D. ENGINEERING COMMENTS: No comment. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: No comments received. Entergy: No comments received. CenterPoint Energy: No comments received. AT & T: No comments received. Central Arkansas Water: NO OBJECTIONS: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Fire Department: Maintain Access:  Fire Hydrants. Maintain fire apparatus access roads at fire hydrant locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.1 Access Road width with a hydrant. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet, exclusive of shoulders. Grade Maintain fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.2 Grade. Fire apparatus access roads shall not exceed 10 percent in grade except as approved by the fire chief. If the grade exceeds 10 percent, approval will be denied and the applicant must submit request to be reviewed by Fire Chief for Approval. Loading Maintain fire apparatus access road design as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D102.1 Access and loading. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus July 14, 2022 ITEM NO.: A (Cont.) FILE NO.: Z-9681 3 access road with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of fire apparatus weighing at least 75,000 pounds. Commercial and Industrial Developments – 2 means of access. - Maintain fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D104.1 Buildings exceeding three stories or 30 feet in height. Building or facilities exceeding 30 feet or three stories in height shall have at least two means of fire apparatus access for each structure. Section D104.2 Building exceeding 62,000 square feet in area. Buildings or facilities having a gross building area of more than 62,000 square feet shall be provide with two separate and approved fire apparatus access roads. Exception: Projects having a gross building area of up to 124,000 square feet that have a single approved fire apparatus access road when all building are equipped throughout with approved automatic sprinkler systems. D104.3 Remoteness. Where two fire apparatus access roads are required, they shall be placed a distance apart equal to not less than one half of the length of the maximum overall diagonal dimension of the lot or area to be served, measured in a straight line between accesses. Fire Hydrants Locate Fire Hydrants as per Appendix C of the 2012 Arkansas Fire Prevention Code. Section C101 – C105, in conjunction with Central Arkansas Water (Daniel Tull 501-377-1245) and the Little Rock Fire Marshal’s Office (Capt. Tony Rhodes 501-918-3757, or Fire Marshal Derek N. Ingram 501-918-3756 Number and Distribution of Fire Hydrants as per Table C105.1. Parks and Recreation: No comment received. County Planning: No comments received. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. Landscape: No comment. G. TRANSPORTATION/PLANNING: Rock Region Metro: No Comments Received. July 14, 2022 ITEM NO.: A (Cont.) FILE NO.: Z-9681 4 Planning Division: The request is in the Central City Planning District. The Land Use Plan shows Industrial (I) for the requested area. The Industrial (I) category encompasses a wide variety of manufacturing, warehousing research and development, processing, and industry related office and service activities. Industrial development typically occurs on an individual tract basis rather than according to an overall development plan. The application is to rezone from Light Industrial District (I-2) to Industrial District (I-3) to allow for the storage of raw materials and the use of the property as a ready-mix plant. Surrounding the application area, the Land Use Plan shows Industrial (I) to the north, west and south. To the east is Parks/Open Space (PK/OS) and Residential Low Density (RL). The Parks/Open Space category includes all public parks, recreation facilities, greenbelts, flood plains, and other designated open space and recreational land. The Residential Low Density (RL) category provides for single- family homes at densities not to exceed 6 units per acre. Such residential development is typically characterized by conventional single-family homes but may include patio or garden homes and cluster homes, provided that the density remains less than 6 units per acre. According to the Land Use Plan, the PK/OS area is a buffer between the Industrial area and the Residential Low-Density area to the east. In the Plan, the PK/OS area covers the rear half the of the single-family homes existing in the RL area. There are no parks or open spaces that exists in this area today. The single-family homes directly abut the applicant area. West of the property, across Thayer Street, is the Arkansas Midland Railroad tracks, a Class 1 Railroad. Across the tracks, further west, is Public/Institutional (PI). This category includes public and quasi-public facilities that provide a variety of services to the community such as schools, libraries, fire stations, churches, utility substations, and hospitals. This property is the Roselawn Cemetery. The land surrounding the applicant property is currently zoned Light Industrial District (I-2) to the north, west, and south. I-2 is designed to accommodate a wide range of industrial and related uses which conform to high development standards. Industrial establishments of this type may either be located in extensive areas devoted solely to these uses or may provide a buffer between commercial districts and other industrial uses which involve more objectionable influences. Directly east, the majority of land is zoned Single-family (R-3). R-3 p rovides an appropriate district for existing developed areas occupied by smaller scale single-family housing while at the same time maintaining reasonable standards of light, air and similar amenities for living. The requested zoning, Industrial District (I-3), is a heavy industrial district designed to accommodate industrial uses which involve July 14, 2022 ITEM NO.: A (Cont.) FILE NO.: Z-9681 5 potentially objectionable uses and hazards, and which, therefore, cannot be reasonably expected to conform to a high level of performance standards, but which are essential to the economic viability of the city. The applicant land is currently zoned Light Industrial District (I-2) and is a vacant lot. Master Street Plan: To the west of the site is Thayer Street, a Local Street on the Master Street Plan. The primary function of Local Streets is to provide access to adjacent properties. Local Streets that are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There is a proposed Class I Bike Path shown to the west of the property running parallel to the railroad tracks. Historic Preservation Plan: There are no existing historic sites on this land. However, the site is a quarter of a mile from the Central High Historic District to the east. Equally, it is 150 feet from the Lamb-McSwain House (PU9974), an Individually listed structure on the National Register of Historic Places (NRHP). It is also a quarter of a mile east of the Roselawn Memorial Gatehouse (PU3166), a NRHP Individually listed structure. H. ANALYSIS: The applicant is proposing to rezone the 1.00-acre property located on the East side of Thayer Street (2000 Block) from “I-2” Light Industrial to “I-3” Industrial to allow for development of a contractor maintenance yard and ready-mix concrete plant. The property is currently vacant and is heavily wooded. The property contains varying degrees of slope, primarily sloping downward from north to south. The site is located within an area just south of Wright Avenue and is primarily surrounded by I-2 Light Industrial zoned properties to the north, and south, with Thayer Street along the west border. The property is bordered by a developed R-3 zoned residential area to the east. The City’s Future Land Use Plan designates this property as “I” “Industrial”. The requested I-3 zoning does not require an amendment to the future land use plan. July 14, 2022 ITEM NO.: A (Cont.) FILE NO.: Z-9681 6 Staff does not support the proposed rezoning. Staff does not consider the proposed I-3 zoning appropriate for the site. The surrounding properties to the north, south, and west are zoned “I-2” Light Industrial. The site’s shallow lot depth does not allow for appropriate natural buffer transition to occur between a heavy industrial use and the residential zoned properties to the east. The proposed I-3 zoning is too intense for the size of the property and will have a negative impact on the abutting residential zoned properties. I. STAFF RECOMMENDATION: Staff recommends denial of the requested I-3 rezoning. PLANNING COMMISSION ACTION: (MAY 12, 2022) Staff informed the Commission that the applicant failed to send the required notifications to surrounding property owners. Staff recommended the application be deferred to the June 9, 2022 agenda. The item was placed on the Consent Agenda and deferred as recommended by staff. The vote was 10 ayes, 0 nays, 0 absent and 1 open position. PLANNING COMMISSION ACTION: (JUNE 9, 2022) Staff informed the Commission that the applicant failed to send the required notifications to surrounding property owners. Staff recommended the application be deferred to the July 14, 2022 agenda. The item was placed on the Consent Agenda and deferred as recommended by staff. The vote was 10 ayes, 0 nays, 0 absent and 1 open position. PLANNING COMMISSION ACTION: (JULY 14, 2022) The item was placed on consent agenda for deferral. By a vote of 10 for, 0 against, 0 absent, and 1 vacant position the consent deferral was approved. July 14, 2022 ITEM NO.: B FILE NO.: Z-9689 NAME: Rezoning from R-2 to R-4 LOCATION: 13506 Alexander Road DEVELOPER: Mariel Martinez Martinez 23 Whispering Drive Alexander, AR 72002 OWNER/AUTHORIZED AGENT: Mariel Martinez Martinez 23 Whispering Drive Alexander, AR 72002 SURVEYOR/ENGINEER: Brooks Surveying, Inc 20820 Arch Street Pike Hensley, AR 72065 AREA: 0.46 acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 7 PLANNING DISTRICT: 16 CENSUS TRACT: 41.04 CURRENT ZONING: R-2 VARIANCE/WAIVERS: None requested. A. ROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes to rezone 0.46 acre site located at 13506 Alexander Road from R-2 to R-4 to allow for the development of a two-family residence (duplex). B. EXISTING CONDITIONS: The site is currently undeveloped. Trees are sparsely located throughout the property. A circular driveway provides two access points along Alexander Road. July 14, 2022 ITEM NO.: B (Cont.) FILE NO.: Z-9689 2 A house which previously existed on the site was recently removed. All surrounding properties are zoned R-2 and contain single-family residences. C. NEIGHBORHOOD NOTIFICATIONS: All owners of property located within 200 feet of the site and all neighborhood associations registered with the City of Little Rock were notified of the public hearing. D. ENGINEERING COMMENTS: No comments. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: No comments received. Entergy: No comments received. Summit Energy: No comments. AT & T: No comments received. Central Arkansas Water: No comments received. Fire Department: Maintain Access: Fire Hydrants. Maintain fire apparatus access roads at fire hydrant locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.1 Access road width with a hydrant. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet, exclusive of shoulders. Grade Maintain fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.2 Grade. Fire apparatus access roads shall not exceed 10 percent in grade except as approved by the fire chief. If the grade exceeds 10 percent, approval will be denied and the applicant must submit request to be reviewed by Fire Chief for Approval. Loading Maintain fire apparatus access road design as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D102.1 Access and loading. July 14, 2022 ITEM NO.: B (Cont.) FILE NO.: Z-9689 3 Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of fire apparatus weighing at least 75,000 pounds. One- or Two-Family Residential Developments As per Appendix D, Section D107.1 of the Arkansas Fire Prevention Code Vol. 1, One- or Two-Family dwelling residential developments. Developments of one- or two-family dwellings where the number of dwelling units exceeds 30 shall be provided with two separate and approved fire apparatus access roads, and shall meet the requirements of Section D104.3. Exceptions: 1. Where there are more than 30 dwelling units on a single public or private fire apparatus access road and al dwelling units are equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3 of the Arkansas Fire Code, access from two directions shall not be required. 2. The number of dwelling units on a single fire apparatus access road shall not be increased unless fire apparatus access roads will connect with future development, as determined by the fire code official. Fire Hydrants Locate Fire Hydrants as per Appendix C of the 2012 Arkansas Fire Prevention Code. Section C101 – C105, in conjunction with Central Arkansas Water (Daniel Tull 501-377-1245) and the Little Rock Fire Marshal’s Office (Capt. Tony Rhodes 501-918-3757, or Fire Marshal Derek N. Ingram 501-918-3756 Number and Distribution of Fire Hydrants as per Table C105.1. Parks and Recreation: No comments received. County Planning: No comments. F. BUILDING CODES/LANDSCAPE: Building Code: Project is subject to full commercial plan review and approval prior to issuance of a building permit. For information on submittal requirements and the review process, contact a commercial plans examiner: Curtis Richey at 501.371.4724; crichey@littlerock.gov or Steve Crain at 501-371-4875; scrain@littlerock.gov. Landscape: No comments. July 14, 2022 ITEM NO.: B (Cont.) FILE NO.: Z-9689 4 G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. Planning Division: The request is in the Otter Creek Planning District. The Land Use Plan shows Residential Low Density (RL) for the requested area. The Residential Low Density (RL) category provides for single family homes at densities not to exceed 6 dwelling units per acre. Such residential development is typically characterized by conventional single family homes, but may also include patio or garden homes and cluster homes, provided that the density remain less than 6 units per acre. The application is to rezone from Single Family District (R2) to Two Family District (R-4) to allow for the future development of a duplex on this property. Surrounding the application area, the Land Use Plan shows Residential Low Density (RL) in all directions from the site. The Residential Low Density (RL) category provides for single family homes at densities not to exceed 6 dwelling units per acre. Such residential development is typically characterized by conventional single family homes, but may also include patio or garden homes and cluster homes, provided that the density remain less than 6 units per acre. The surrounding land is zoned Single Family District (R-2). There are single-family houses on the land either side and across Alexander Road from the application area. Master Street Plan: To the east is Alexander Road, shown as a Minor Arterial on the Master Street Plan. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Alexander Road since it is a Minor Arterial. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There is a Class II Bike Route shown on Alexander Road. A Bike Lane provides a portion of the pavement for the sole use of bicycles. Historic Preservation Plan: There are no existing historic sites on, or in proximity to, this land. H. ANALYSIS: The applicant proposes to rezone 0.46 acre site located at 13506 Alexander Road from R-2 to R-4 to allow for the development of a two-family residence (duplex). July 14, 2022 ITEM NO.: B (Cont.) FILE NO.: Z-9689 5 The site is currently undeveloped. Trees are sparsely located throughout the property. A circular driveway provides two access points along Alexander Road. A house which previously existed on the site was recently removed. All surrounding properties are zoned R-2 and contain single-family residences. The City’s Future Land Use Plan designates this property as “RL” Residential Low Density. The requested R-4 zoning does not require a change to the future plans. Staff is not supportive of the requested rezoning from R-2 to R-4 to allow for the development of a duplex. Staff feels the request does not conform to the development pattern in this area. There are no two-family or multi-family developments within the general area. All surrounding properties are zoned R-2 and contain single-family residences. Staff feels the proposal is out of character with the neighborhood and will have an adverse impact on the area. STAFF RECOMMENDATION: Staff recommends denial of the requested rezoning. PLANNING COMMISSION ACTION: (JUNE 9, 2022) Staff informed the Commission that the applicant failed to send the required notifications to surrounding property owners. Staff recommended the application be deferred to the July 14, 2022 agenda. The item was placed on the Consent Agenda and deferred as recommended by staff. The vote was 10 ayes, 0 nays, 0 absent and 1 open position. PLANNING COMMISSION ACTION: (JULY 14, 2022) The item was placed on consent agenda for deferral. By a vote of 10 for, 0 against, 0 absent, and 1 vacant position the consent deferral was approved. July 14, 2022 ITEM NO.: 1 FILE NO.: S-1930 NAME: Harley Lane Minor Subdivision – Preliminary/Final Plat LOCATION: West side of Arch Street Pike, approximately 0.46 miles south of West 65th Street DEVELOPER: Brian Rodgers 2001 Harley Lane Little Rock, AR 72206 (501) 722-7845 OWNER/AUTHORIZED AGENT: Brian Rodgers - (Owner) Megan Weckwerth – (Agent) Tyler Group Engineers (Agent) 240 Skyline Drive, Suite 3000 Conway, AR 72032 (501) 329-1400 (A) SURVEYOR/ENGINEER: Tyler Group Engineers 240 Skyline Drive, Suite 3000 Conway, AR 72032 (501) 329-1400 (A) AREA: 4.78 acres NUMBER OF LOTS: 3 FT. NEW STREET: 0 LF WARD: 2 PLANNING DISTRICT: 14 CENSUS TRACT: 40.01 CURRENT ZONING: R-2 VARIANCE/WAIVERS: 1. None requested. July 14, 2022 ITEM NO.: 1 (Cont.) FILE NO.: S-1930 2 A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is proposing to subdivide 4.88 acres into 3 lots for single family residential development with an existing internal street. The proposed subdivision will take access from Arch Street. B. EXISTING CONDITIONS: The property currently has a residential dwelling centrally located on the site with an open yard area to the northwest and wooded area to the southeast. The property also contains a garage structure to the north of the dwelling and metal frame barn to the west. The property contains varying degrees of slope, primarily sloping downward from the northeast to southwest with a railway track along the western perimeter of the property. C. NEIGHBORHOOD NOTIFICATIONS: All owners of property abutting the site and all neighborhood associations registered with the City of Little Rock were notified of the public hearing. D. ENGINEERING COMMENTS: 1. The R-O-W for Harley Lane is shown per deed 9352913. How was the land dedicated to? If it was to the city, It should not be included in the boundary for this plat, since it was already dedicated. Please provide the 9352913 instruments. 2. Clearly state on the plat if Harley Lane is public or private. 3. Label state plane coordinates on all boundary corners. 4. The area indicated as floodplain appears to be floodway, please verify. 5. If the area is floodway, The city needs a permanent drainage easement for the property that is included in the floodway, and a 25’ maintenance and access easement along the floodway line that is not within the floodway. 6. The 2017 source deed does not match the legal on the proposed plat. 7. Does Lot 3 abut the adjoining parcels on the north side that is not in the subdivision plat? 8. Verify/label R-O-W on Arch Street Pike. 9. Verify/label the Railroad R-O-W. July 14, 2022 ITEM NO.: 1 (Cont.) FILE NO.: S-1930 3 10. Provide finish floor elevation on Lot 1 which conforms to city codes (min of 1 foot above the BFE). E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: No comments received. Entergy: No comments received. CenterPoint Summit Energy: Final Plat, Summit Utilities has no conflict, please let this serve as our final plat approval. AT & T: No comments received. Central Arkansas Water: No comments received. Fire Department: Maintain Access: Fire Hydrants. Maintain fire apparatus access roads at fire hydrant locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.1 Access road width with a hydrant. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet, exclusive of shoulders. Grade Maintain fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.2 Grade. Fire apparatus access roads shall not exceed 10 percent in grade except as approved by the fire chief. If the grade exceeds 10 percent, approval will be denied and the applicant must submit request to be reviewed by Fire Chief for Approval. Loading Maintain fire apparatus access road design as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D102.1 Access and loading. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of fire apparatus weighing at least 75,000 pounds. July 14, 2022 ITEM NO.: 1 (Cont.) FILE NO.: S-1930 4 One- or Two-Family Residential Developments. As per Appendix D, Section D107.1 of the Arkansas Fire Prevention Code Vol. 1, One- or Two-Family dwelling residential developments. Developments of one- or two-family dwellings where the number of dwelling units exceeds 30 shall be provided with two separate and approved fire apparatus access roads, and shall meet the requirements of Section D104.3. Exceptions: 1. Where there are more than 30 dwelling units on a single public or private fire apparatus access road and al dwelling units are equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3 of the Arkansas Fire Code, access from two directions shall not be required. 2. The number of dwelling units on a single fire apparatus access road shall not be increased unless fire apparatus access roads will connect with future development, as determined by the fire code official. Fire Hydrants Locate Fire Hydrants as per Appendix C of the 2012 Arkansas Fire Prevention Code. Section C101 – C105, in conjunction with Central Arkansas Water (Daniel Tull 501-377-1245) and the Little Rock Fire Marshal’s Office (Capt. Tony Rhodes 501-918-3757, or Fire Marshal Derek N. Ingram 501-918-3756 Number and Distribution of Fire Hydrants as per Table C105.1. Parks and Recreation: No comment received. County Planning: No comments received. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. Landscape: No comment. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. Planning Division: No comments. July 14, 2022 ITEM NO.: 1 (Cont.) FILE NO.: S-1930 5 H. ANALYSIS: The applicant is proposing to subdivide 4.78 acres into 3 lots for single family residential development with an existing internal street. The proposed subdivision will take access from Arch Street. The proposed lot areas are as follows: Lot 1 – 1.58 Acres Lot 2 - 1.08 Acres Lot 3 – 2.12 Acres The property currently has a residential dwelling centrally located on the site with an open yard area to the northwest and wooded area to the southeast. The property also contains a garage structure to the north of the dwelling and a metal frame barn to the west. The property contains varying degrees of slope, primarily sloping downward from the northeast to southwest with a railway track along the western perimeter of the property. The property is bordered on the east by an “M” (Mining) zoned property, an “I-3” (Industrial) zoned property to the west, R-2 residential properties to the north, and residential properties along the city border to the south. Additionally, there are two (2) R-2 zoned properties containing metal structures with commercial business uses along the north side of Harley Lane. Lots 1 and 3 shall include setbacks of 25 feet from the street side building line as measured from the Right-of-Way line of Harley Lane. Lot 2 has an existing dwelling with a garage located at the northeast corner of the lot near the new proposed property line adjacent to Harley Lane. An access easement is proposed at the northwest corner of lot 2 extending from Harley Lane west to Lot 1. The proposed access easement intersects a proposed twenty-five (25) foot setback building line located at the northeast corner of the lot 1. If the property owner plans on using a septic system for each lot rather than connect to the city sewer system, then a construction permit for the installation of septic systems on all lots must be obtained from the Arkansas Department of Health prior to city staff signing the final plat for this proposed subdivision. To staff’s knowledge, there are no outstanding issues related to this final plat request. The applicant has done a good job in addressing issues as raised by staff during staffs review of this plat. The subdividing of this property should have no adverse impact on the surrounding properties. July 14, 2022 ITEM NO.: 1 (Cont.) FILE NO.: S-1930 6 I. STAFF RECOMMENDATION: Staff recommends approval of the proposed preliminary/final plat, subject to compliance with the comments and conditions outlined in paragraphs D and E, and the staff analysis, of the agenda staff report. PLANNING COMMISSION ACTION: (JULY 14, 2022) The item was placed on consent agenda for approval. By a vote of 10 for, 0 against, 0 absent, and 1 vacant position the consent approval was approved. July 14, 2022 ITEM NO.: 2 FILE NO.: Z-8142-C NAME: PDC Development Company – Conditional Use Permit LOCATION: 4124 S Shackleford Road DEVELOPER: PDC Development Company 1501 N University, Suite 740 Little Rock, AR 72207 OWNER/AUTHORIZED AGENT: Mark Redder (Agent) Holloway Engineering 200 Casey Drive Maumelle, AR 72113 SURVEYOR/ENGINEER: Holloway Engineering 200 Casey Drive Maumelle, AR 72113 AREA: 10.10 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 6 PLANNING DISTRICT: 11 CENSUS TRACT: 24.05 CURRENT ZONING: O-2 VARIANCE/WAIVERS: None requested. BACKGROUND: Ordinance No. 21,249 adopted by the Little Rock Board of Directors on June 17, 2016 was approved to rezone a ten (10) acre site located on the west side of Shackleford Road, north of Colonel Glenn Road from MF-18 to O-2. The site was never developed as approved and is currently vacant. July 14, 2022 ITEM NO.: 2 (Cont.) FILE NO.: Z-8142-C 2 A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is requesting a Conditional Use Permit to allow for the development of multi-family housing within the O-2 Zoning District. The residential units will be developed on a ten (10) acre site and will contain 168 units. B. EXISTING CONDITIONS: The site is wooded and undeveloped. A pond is located in the southeastern portion of the property. An existing private road, Rock Ridge Drive, is partially developed and takes access from S. Shackleford Road at the south east corner of the property. The property to the south is zoned MF-18 and contains a nine (9) building multi-family development with additional undeveloped acreage for multi-family residential buildings. Property to the east contains a mobile home park with over one-hundred (100) existing units. West of the site contains additional O-2 zoned property and uses. North of the site contains undeveloped R-2 zoning and uses. C. NEIGHBORHOOD NOTIFICATIONS: All owners of property located within 200 feet of the site and all neighborhood associations registered with the City of Little Rock were notified of the public hearing. D. ENGINEERING COMMENTS: 1. A grading permit might be required prior to initiation of work. Grading permits are issued by the Planning and Development Dept. at 723 West Markham Street after approval of sediment and erosion control plans, grading and drainage plans, land survey, drainage study, and soil loss calculations per City’s stormwater management and drainage manual. Contact Planning and Development Dept., Civil Engineering Private Development at 501-371-4817 or at 501-918-5348 or Permits@littlerock.gov to schedule an appointment for issuance or to answer any questions. Permit cost is based on total project area at $100.00 for the less than ½ acre, $200.00 for ½ to 1 acre, and $200.00 for the first acre and $100.00 for each additional acre for project greater than 1 acre. 2. Boundary street improvements are required on Shackleford Rd per master street plan. Boundary street improvements shall include, but not be limited to, reconstruction of one-half section of the abutting street if the existing street is not up to city standards. Repair, replace, or extend existing damaged, missing, and noncompliant curb and gutter, sidewalk, access ramps or concrete driveway aprons within the public right-of-way adjacent to the site. Remove abandoned driveway cuts and replace with curb, gutter, and July 14, 2022 ITEM NO.: 2 (Cont.) FILE NO.: Z-8142-C 3 sidewalk. All work within the public right-of-way shall conform to City of Little Rock Public Works Standard Details and ADA guidelines. 3. Any work involving one (1) or more acres of disturbed area requires a State of Arkansas NPDES permit. Contact the Arkansas Department of Environmental Quality, NPDES branch at 501-682-0744 for applications and information about General Stormwater Discharge Construction Permit #ARR150000. 4. Per City Rev. Code 29-99, stormwater detention for developments is required. Provide stormwater detention infrastructure to satisfy this requirement. 5. For the required, final drainage report, sign, date, and seal the report per AR State Board of Professional Engineers and Professional Surveyors rules Article 12, Section B (1) (a). 6. Provide engineer's certification statement saying this drainage report was conducted by yourself or directly under your supervision and attesting to the accuracy of the information within this report. 7. The Department requires three (3) phase sediment and erosion control (SEC) plans to be submitted for all construction projects showing best management practices (BMPs) for mitigating sediment runoff and erosion along with vegetation specifications for temporary and permanent soil stabilization. Phase 1 SEC plans shall show SEC BMPs during the stripping, clearing, grubbing, and rough grading of the site. Phase 2 SEC plans shall show SEC BMPs during construction of utilities, buildings, roadway infrastructure and drainage infrastructure. Phase 3 SEC Plans shall show SEC BMPs for final grading, seeding, and landscaping of the site. 8. Sediment and Erosion Control plans shall also show the pertinent information as outlined in ADEQ ARR150000 Permit Part II section A-4-H (1-14) and Part II section A-4-I-2 (A-B). 9. Damage to public and private property due to hauling operations or operations of construction related equipment from a construction site shall be repaired by the responsible party prior to the issuance of a certificate of occupancy. 10. Hauling of fill material on or off project sites over municipal streets require approval prior to a grading permit being issued. Contact Public Works Traffic Engineering at 621 S. Broadway 501-379-1800 with any questions or for more information. 11. Is there an agreement or legal document allowing access to be taken from Rock Ridge Dr.? 12. How is the exiting pond being handled? Plans seem to show a relocation of the existing pond and then utilization of it as detention. July 14, 2022 ITEM NO.: 2 (Cont.) FILE NO.: Z-8142-C 4 E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: No comments received. Entergy: No comments received. Summit Energy: No comments. AT & T: No comments received. Central Arkansas Water: No comments received. Fire Department: Dead Ends. Maintain fire apparatus access roads at dead end locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.4 Dead Ends. Dead-end fire apparatus access roads in excess of 150 feet shall be provided with width and turnaround provisions in accordance with Table D103.4. Requirements for Dead-end fire apparatus access roads. Gates Maintain fire apparatus access road gates as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.5 Fire apparatus access road gates. Gates securing the fire apparatus access roads shall comply with all of the following criteria: 1. Minimum gate width shall be 20 feet. 2. Gates shall be of swinging or sliding type. 3. Construction of gates shall be of material that allow manual operation by one person. 4. Gate components shall be maintained in an operable condition at all times and replaces or repaired when defective. 5. Electric gates shall be equipped with a means of opening the gate by fire department personnel for emergency access. Emergency opening devices shall be approved by the fire code official. 6. Manual opening gates shall not be locked with a padlock or chain and padlock unless they are capable of being opened by means of forcible entry tools or when a key box containing the keys to the lock is installed at the gate location. July 14, 2022 ITEM NO.: 2 (Cont.) FILE NO.: Z-8142-C 5 7. Locking device specifications shall be submitted for approval by the fire code official. 8. Electric gate operators, where provided, shall be listed in accordance with UL 325. 9. Gates, intended for automatic operation shall be designed, constructed and installed to comply with requirements of ASTM F 2200. Multi-Family Residential Developments As per Appendix D, Section D106.1 of the 2012 Arkansas Fire Prevention Code Vol. 1. Projects having more than 100 dwelling units. Multiple-family residential projects having more than 100 dwelling units shall be equipped throughout with two separate and approved fire apparatus access roads. Exception: Projects having up to 200 dwelling units may have a single approved fire apparatus access road when all building, including nonresidential occupancies are equipped throughout with approved automatic sprinkler systems installed in accordance with Section 903.3.1.1 or 903.3.1.2. As per Appendix D, Section D106.2 of the 2012 Arkansas Fire prevention Code Vol. 1. Projects having more than 200 dwelling units. Multiple-family residential projects having more than 200 dwelling units shall be provided with two separate and approved fire apparatus access roads regardless of whether they are equipped with an approved automatic sprinkler system. Fire Hydrants Locate Fire Hydrants as per Appendix C of the 2012 Arkansas Fire Prevention Code. Section C101 – C105, in conjunction with Central Arkansas Water (Daniel Tull 501-377-1245) and the Little Rock Fire Marshal’s Office (Capt. Tony Rhodes 501-918-3757, or Fire Marshal Derek N. Ingram 501-918-3756 Number and Distribution of Fire Hydrants as per Table C105.1. Parks and Recreation: No comments received. County Planning: No comments. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. Landscape: 1. Any new site development must comply with the City’s minimal landscape and buffer ordinance requirements. July 14, 2022 ITEM NO.: 2 (Cont.) FILE NO.: Z-8142-C 6 2. A land use buffer six (6) percent of the average width / depth of the lot will be required when an adjacent property has a dissimilar use of a more restrictive nature. The properties to north is zoned R-2. As a component of all land use buffer requirements, opaque screening, whether a fence or other device, a minimum of six (6) feet in height shall be required upon the property line side of the buffer. A minimum of seventy (70) percent of the land use buffer shall be undisturbed. In addition to the required screening, buffers are to be landscaped at the rate of one (1) tree and three (3) shrubs for every thirty (30) linear feet. Easements cannot count toward fulfilling this requirement. The plantings, existing and purposed, shall be provided within the landscape ordinance of the city, section 15-81. 3. Street buffers will be required at six (6) percent of the average depth of the lot. The minimum dimension shall be one-half (½) the full width requirement but in no case be less than nine (9) feet. 4. Screening requirements will need to be met for the vehicular use areas adjacent to street rights-of-way. Provide screening shrubs with an average linear spacing of not less at three (3) feet within the required landscape area. Provide trees with an average linear spacing of not less than thirty (30) feet. 5. A perimeter planting strip is required along any side of a vehicular use area that abuts adjoining property, or the right-of-way of any street. This strip shall be at least nine (9) feet wide. One (1) tree and three (3) shrubs or vines shall be planted for every thirty (30) linear feet of perimeter planting strip. 6. Building landscape areas shall be provided at the rate equivalent to planter strip three (3) feet wide along the vehicular use area. One (1) tree and four (4) shrubs shall be planted in the building landscape areas for each forty (40) linear feet of vehicular use area abutting the building. 7. Eight percent (8%) of the vehicular use area must be designated for green space; this green space needs to be evenly distributed throughout the parking area(s). For developments with more than one hundred fifty (150) parking spaces the minimum size of an interior landscape area shall be three hundred (300) square feet. Interior islands must be a minimum of seven and one half (7 1/2) feet in width. Trees shall be included in the interior landscape areas at the rate of one (1) tree for e very twelve (12) parking spaces. 8. An automatic irrigation system to water landscaped areas shall be required for developments of one (1) acre or larger. 9. The development of two (2) acres or more requires the landscape plan to be stamped with the seal of a Registered Landscape Architect. 10. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance July 14, 2022 ITEM NO.: 2 (Cont.) FILE NO.: Z-8142-C 7 requirements can be given when preserving trees of six (6) inch caliper or larger. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. Planning Division: No comments received. H. ANALYSIS: The applicant is requesting a Conditional Use Permit to allow for the development of multi-family housing within the O-2 Zoning District. The residential units will be developed on a ten (10) acre site and will contain nine (9) separate buildings which will include 168 units (16.8 units per acre) that will provide a variety of 1-, 2-, and 3 – bedroom apartments along with a manager’s unit that will include an office, maintenance and community room. The applicant notes the maximum building height will be fifty-five (55) feet. Section 36-280 of the Code allows maximum building height of forty-five (45) feet at the required front, rear and side setback lines, one (1) foot may be added to the height of each building for each foot that the building is set back from the property lines, to a maximum height of one-hundred twenty (120) feet. Building “E” needs to be at least thirty-five (35) feet from the north property line for a fifty-five (55) foot building height. All other buildings shown on the site plan are set back far enough from all property lines to have fifty-five (55) foot building heights. Access is provided from two (2) driveways along S. Shackleford Road. The first access drive provides a twenty-eight (28) foot concrete drive in the northern portion of the property. A second access drive exists along a private road, Rock Ridge Drive, at the south east corner of the property. The applicant is proposing 298 parking spaces, 20 spaces will be designated as ADA accessible. Typically, the City’s Zoning Ordinance requires 252 parking spaces. The number of parking spaces shown on the site plan complies with Section 36-502 of the City’s Zoning Ordinance. The applicant notes a mail kiosk area located on the property to the north of Building “D.” The applicant notes a dumpster located along the north property line of the overall development. All dumpsters must be screened and comply with Section 36-523 of the City’s Zoning Ordinance. July 14, 2022 ITEM NO.: 2 (Cont.) FILE NO.: Z-8142-C 8 The applicant is proposing no signage at this time. Any future signage must comply with Section 36-553 of the City’s Zoning Ordinance (signs permitted in office zones). All sight lighting must be low-level and directed away from adjacent properties. The applicant provided responses and additional information to all issues raised during staff’s review of the application. To staff’s knowledge, there are no outstanding issues. Staff is supportive of the requested CUP to allow for the development of multi-family housing within the O-2 Zoning District. The O-2 Zoning District allows high-rise multi-family, at a density not greater than thirty (30) units per gross acre. The property to south is zoned MF-18 and contains a nine (9) building multi-family development with additional undeveloped acreage for additional multi-family residential buildings. Property to the east contains a mobile home park with over one-hundred residential (100) units. West of the site contains additional O-2 zoning and uses. North of the site contains undeveloped R-2 zoning and uses. Staff feels the request conforms to the development pattern in this area and will have no adverse impact on the area. STAFF RECOMMENDATION: Staff recommends approval of the requested Conditional Use Permit to allow for the development of a high-rise, multi-family development within the O-2 Zoning District, subject to the compliance with the comments and conditions outlined in paragraphs D, E and F, and the staff analysis, of the agenda staff report. PLANNING COMMISSION ACTION: (JULY 14, 2022) The item was placed on consent agenda for approval. By a vote of 10 for, 0 against, 0 absent, and 1 vacant position the consent approval was approved. July 14, 2022 ITEM NO.: 3 FILE NO.: Z-9692 NAME: JRJ Building, LLC Duplex – Conditional Use Permit LOCATION: 1504 S. Valentine Street DEVELOPER: JRJ Building, LLC 1522 S. 2nd Street Cabot, AR 72023 OWNER/AUTHORIZED AGENT: JRJ Building, LLC 1522 S. 2nd Street Cabot, AR 72023 SURVEYOR/ENGINEER: Bond Consulting Engineers, Inc. 2601 T. P. White Drive Jacksonville, AR 72076 AREA: 0.08 acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 1 PLANNING DISTRICT: 9 CENSUS TRACT: 13 CURRENT ZONING: R-3 VARIANCE/WAIVERS: Rear yard setback. STAFF UPDATE: The applicant submitted a letter to staff on June 22, 2022 requesting this application be deferred to the August 11, 2022 agenda. Staff supports the deferral request. PLANNING COMMISSION ACTION: (JULY 14, 2022) The item was placed on consent agenda for deferral. By a vote of 10 for, 0 against, 0 absent, and 1 vacant position the consent deferral was approved. July 14, 2022 ITEM NO.: 4 FILE NO.: Z-9698 NAME: Christ Community Church – Conditional Use Permit LOCATION: Northeast corner of Chenal Parkway and Chenal Valley Drive DEVELOPER: Christ Community Church 16603 Cantrell Rd Suite 1 Little Rock, AR 72223 OWNER/AUTHORIZED AGENT: Deltic Real Estate LLC (Owner) Tim Daters (Agent) White Daters Engineers (Agent) 24 Rahling Circle Little Rock, AR 72223 501-821-1667 SURVEYOR/ENGINEER: White Daters Engineers (Agent) 24 Rahling Circle Little Rock, AR 72223 501-821-1667 AREA: 20.95 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 5 PLANNING DISTRICT: 19 CENSUS TRACT: 42.12 CURRENT ZONING: C-2 and R-2 VARIANCE/WAIVERS: 1. Building height variance to exceed 35’ in an R-2 district and 45’ in a C-2 district. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: Christ Community Church is requesting a Conditional Use Permit (CUP) to allow for the construction of a two (2) story 110,000 square foot church facility with associated parking near the intersection of Chenal Parkway and Chenal Valley Drive. The applicant also proposes to construct a future structure in the eastern July 14, 2022 ITEM NO.: 4 (Cont.) FILE NO.: Z-9698 2 portion of the site to be determined at a later date. The applicant notes the church will contain lobby, worship area, fellowship hall, classrooms, and administrative areas. B. EXISTING CONDITIONS: The property is undeveloped and heavily wooded and slopes downward from the southwest corner to the north and east. Residential uses and zoning lie to the north, south and west of the proposed site with Open Space zoned property along the east perimeter of the site. C. NEIGHBORHOOD NOTIFICATIONS: All owners of property located within 200 feet of the site and all neighborhood associations registered with the City of Little Rock were notified of the public hearing. D. ENGINEERING COMMENTS: 1. This shows to be zoned OS please provide evidence that it is zoned otherwise. If not then the property will have to be rezoned before the CUP can be processed. 2. Any work involving one (1) or more acres of disturbed area requires a State of Arkansas NPDES permit. Contact the Arkansas Department of Environmental Quality, NPDES branch at 501-682-0744 for applications and information about General Stormwater Discharge Construction Permit #ARR150000. 3. A grading permit must be obtained prior to initiation of work. Grading permits are issued by the Planning and Development Dept. at 723 West Markham Street after approval of sediment and erosion control plans, grading and drainage plans, land survey, drainage study, and soil loss calculations per City’s stormwater management and drainage manual. Contact Planning and Development Dept., Civil Engineering Private Development at 501-371-4817 or at 501-918-5348 or Permits@littlerock.gov to schedule an appointment for issuance or to answer any questions. Permit cost is based on total project area at $100.00 for the less than ½ acre, $200.00 for ½ to 1 acre, and $200.00 for the first acre and $100.00 for each additional acre for project greater than 1 acre. 4. For final drainage report, sign, date, and seal the report per AR State Board of Professional Engineers and Professional Surveyors rules Article 12, Section B (1) (a). 5. Hauling of fill material on or off project sites over municipal streets require approval prior to a grading permit being issued. Contact Public Works Traffic Engineering at 621 S. Broadway 501-379-1800 with any questions or for more information. 6. Damage to public and private property due to hauling operations or operations of construction related equipment from a construction site shall be repaired by the responsible party prior to the issuance of a certificate of occupancy. July 14, 2022 ITEM NO.: 4 (Cont.) FILE NO.: Z-9698 3 7. Provide as-built plans and data entry template of newly installed or modified public and private stormwater drainage system prior to issuance of the certificate of occupancy. The as-built plans should contain information as found on the City of Little Rock website at https://www.littlerock.gov/city-administration/city- departments/public-works/applications-details-and-manuals/. Provide the as-built plans and data entry template to Planning and Development Dept., Civil Engineering Private Development by email to csmith@littlerock.gov and cc dwarner@littlerock.gov. If you have any questions or desire additional information, please do not hesitate to contact Planning and Development Dept., Civil Engineering Private Development at 501-371-4817 or at 501-918-5348 or email Permits@littlerock.gov. 8. Obtain Traffic Control permits prior to doing any street cuts or curb cuts. Obtain Traffic Control permits prior to doing any work on city streets or in the right-of-way. Contact Traffic Engineering at 501-379-1800 for more information. 9. A maintenance bond for 50% of total construction costs for all completed public street and drainage improvements within City right of way and as-built storm drainage infrastructure plans shall be provided to the Department of Planning and Development before the issuance of a final certificate of occupancy. 10. The Department requires three (3) phase sediment and erosion control (SEC) plans to be submitted for all construction projects showing best management practices (BMPs) for mitigating sediment runoff and erosion along with vegetation specifications for temporary and permanent soil stabilization. Phase 1 SEC plans shall show SEC BMPs during the stripping, clearing, grubbing, and rough grading of the site. Phase 2 SEC plans shall show SEC BMPs during construction of utilities, buildings, roadway infrastructure and drainage infrastructure. Phase 3 SEC Plans shall show SEC BMPs for final grading, seeding, and landscaping of the site. 11. Sediment and Erosion Control plans shall also show the pertinent information as outlined in ADEQ ARR150000 Permit Part II section A-4-H (1-14) and Part II section A-4-I-2 (A-B). 12. Contact Planning and Development Dept., Civil Engineering Private Development at 501-371-4817 or at 501-918-5348 for inspections of any work in the public right-of- way prior to placement of concrete or asphalt or for on-site clarification of requirements prior to commencing work. Failure to do so can result in removal of any improperly placed concrete or asphalt at the expense of the owner or contractor. 13. Where is the detention? 14. Is the future a proposed building? 15. Provide finished floor elevations (FFE) for the proposed building on site plan. 16. When permit is pulled provide spot elevations and grades for all ADA stalls, aisles, and access ways. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: No comments received. July 14, 2022 ITEM NO.: 4 (Cont.) FILE NO.: Z-9698 4 Entergy: No comments received. CenterPoint Summit Energy: No comment. AT & T: No comments received. Central Arkansas Water: No comments received. Fire Department: Maintain Access: Fire Hydrants. Maintain fire apparatus access roads at fire hydrant locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.1 Access road width with a hydrant. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet, exclusive of shoulders. Grade Maintain fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.2 Grade. Fire apparatus access roads shall not exceed 10 percent in grade except as approved by the fire chief. If the grade exceeds 10 percent, approval will be denied and the applicant must submit request to be reviewed by Fire Chief for Approval. Loading Maintain fire apparatus access road design as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D102.1 Access and loading. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of fire apparatus weighing at least 75,000 pounds. Commercial and Industrial Developments – 2 means of access. - Maintain fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1. Section D104.1 Buildings exceeding three stories or 30 feet in height. Building or facilities exceeding 30 feet or three stories in height shall have at least two means of fire apparatus access for each structure. Section D104.2 Building exceeding 62,000 square feet in area. Buildings or facilities having a gross building area of more than 62,000 square feet shall be provide with two separate and approved fire apparatus access roads. Exception: Projects having a gross building area of up to 124,000 square feet that have a single approved fire apparatus access road when all building are equipped throughout with approved automatic sprinkler systems. D104.3 Remoteness. Where two fire apparatus access roads are required, they shall be placed a distance apart equal to not less than one half of the length of the July 14, 2022 ITEM NO.: 4 (Cont.) FILE NO.: Z-9698 5 maximum overall diagonal dimension of the lot or area to be served, measured in a straight line between accesses. 30’ Tall Buildings - Maintain aerial fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D105.1 – D105.4 D105.1 Where Required. Where the vertical distance between the grade plane `and the highest roof surface exceed 30’, approved aerial fire apparatus access roads shall be provided. For the purposes of this section the highest roof surfaces shall be determined by measurement to the eave of a pitched roof, the intersection of a roof to the exterior wall, or the top of the parapet walls, whichever is greater. D105.2 Width. Aerial fire apparatus access roads shall have a minimum unobstructed with of 26’, exclusive of shoulders, in the immediate vicinity of the building or portion thereof. D105.3 Proximity to building. At least one of the required access routes meeting this condition shall be located within a minimum of 15 feet and a maximum of 30 feet from the building, and shall be positioned parallel to one entire side of the building. The side of the building on which the aerial fire apparatus access road is positioned shall be approved by the fire code official. D105.4 Obstructions. Overhead utility and power lines shall not be located over the aerial fire apparatus access road or between the aerial fire apparatus road and the building. Other obstructions shall be permitted to be places with the approval of the fire code official. Fire Hydrants Locate Fire Hydrants as per Appendix C of the 2012 Arkansas FirePrevention Code. Section C101 – C105, in conjunction with Central Arkansas Water (Daniel Tull 501-377-1245) and the Little Rock Fire Marshal’s Office (Capt. Tony Rhodes 501-918-3757, or Fire Marshal Derek N. Ingram 501-918-3756 Number and Distribution of Fire Hydrants as per Table C105.1. Parks and Recreation: No comments received. County Planning: No comments received. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. Landscape: No comment. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments. Planning Division: No comment. July 14, 2022 ITEM NO.: 4 (Cont.) FILE NO.: Z-9698 6 H. ANALYSIS: Christ Community Church is requesting a Conditional Use Permit (CUP) to allow for the construction of a two (2) story 110,000 square foot church facility with associated parking near the intersection of Chenal Parkway and Chenal Valley Drive. The applicant also proposes to construct a future structure in the eastern portion of the site to be determined at a later date. The applicant notes the church will contain lobby, worship area, fellowship hall, classrooms, and administrative areas. The project may be developed in more than one (1) phase. The church will have a seating capacity of 600. The property is undeveloped and heavily wooded and slopes downward from the southwest corner to the north and east. Residential uses and zoning lie to the north, south and west of the proposed site with Open Space zoned property along east perimeter of the site. The applicant proposes two (2) paved access drives from Chenal Valley Drive circling the building site accessing approximately 600 paved parking spaces. The applicant proposes to locate a majority of the parking on the south and east sides of the building, with a circular drop off drive and additional parking on the north side of the building. The City’s Zoning Ordinance requires a minimum of 120 parking spaces for the proposed church use. The proposed plan meets this requirement. The applicant notes that the proposed building will not exceed a fifty (50) foot maximum building height which exceeds the allowable heights in an R-2 and a C-2 zoning uses. The applicant requests a building height variance to exceed the allowable height of 35’ in an R-2 zoning per Section 36-254 and 45’ in a C-2 zoning per Section 36-300 of the City’s Zoning Ordinance. Staff is supportive the requested building height variance. The applicant notes that all proposed building setbacks comply with ordinance standards. All sight lighting will be low-level and directed away from adjacent properties. The proposed site plan shows a dumpster location near the northeast center of the south parking lot area. The dumpster area must be screened as per Section 36-523 (d) of the City's Zoning Ordinance. The applicant proposes a monument sign to be located at the west access drive adjacent to Chenal Valley Drive and a larger monument sign with landscape features at the southwest corner of the property along Chanal Parkway. All signage July 14, 2022 ITEM NO.: 4 (Cont.) FILE NO.: Z-9698 7 must comply with Section 36-349 of the Code (signs allowed in the Chenal / Financial Center Design Overlay District). The site plan shows four (4) storm water detention areas located at the eastern portions of the site and at the southwest portion of site adjacent to the parking area and access drives. The plan also includes a playground area to the north of the proposed building adjacent to the Classes/Fellowship section of the structure. The applicant provided responses and additional information to all issues raised during staff’s review of the application. To staff’s knowledge, there are no outstanding issues. The applicant is requesting a building height variance with the proposed CUP. Staff is supportive of the requested conditional use permit to allow for the development of a church at the intersection of Chenal Parkway and Chenal Valley Drive. Staff views the request is reasonable. Staff feels that the new church facility will not be out of character with the overall area. Staff believes that the proposed church facility development will have no adverse impact on the general area. STAFF RECOMMENDATION: Staff recommends approval of the requested Conditional Use Permit (CUP) to allow for the development of a church facility at the northeast corner of Chenal Parkway and Chenal Valley Drive, subject to compliance with the comments and conditions outlined in paragraphs D and E, and the staff analysis, of the agenda staff report. PLANNING COMMISSION ACTION: (JULY 14, 2022) The item was placed on consent agenda for approval. By a vote of 10 for, 0 against, 0 absent, and 1 vacant position the consent approval was approved. July 14, 2022 ITEM NO.: 5 FILE NO.: Z-9696 NAME: Rezoning from R-2 and C-3 to C-4 LOCATION: 12297 Interstate 30 DEVELOPER: Copart, Inc. Steve Powers c/o GarNat Engineering OWNER/AUTHORIZED AGENT: Clay Family, LLC – Owner Vernon Williams - Agent SURVEYOR/ENGINEER: GarNat Engineering, LLC 3825 Mt. Carmel Road Bryant, AR 72022 AREA: 66.02 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 7 PLANNING DISTRICT: 16 CENSUS TRACT: 41.04 CURRENT ZONING: R-2 and C-3 VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes to rezone 66.02 acres from R-2 and C-3 to C-4 for future commercial development. The portion of the property located in the floodplain/floodway will be zoned “FP” Floodplain District as per Section 36-341 of the City’s Zoning Ordinance. B. EXISTING CONDITIONS: The I-30 Speedway facilities and parking are located within the north portion of the property. A small restaurant building is located near the northeast corner of the July 14, 2022 ITEM NO.: 5 (Cont.) FILE NO.: Z-9696 2 property along I-30. A billboard is located at the northwest corner of the property. The south portion of the property is located within the floodplain and floodway. C. NEIGHBORHOOD NOTIFICATIONS: All owners of property located within 200 feet of the site and all neighborhood associations registered with the City of Little Rock were notified of the public hearing. D. ENGINEERING COMMENTS: 1. Provide an updated survey that has been performed within the last 5 years. 2. A Special Flood Hazard Development Permit is required to be obtained to prior to beginning construction. The Special Flood Hazard Development Permit application can be found at https://www.littlerock.gov/city- administration/city-departments/public-works/. Special Flood Hazard Development Permits are issued by the Public Works Department at 701 West Markham Street and no fee collected for issuance. Contact Planning and Development Dept. Civil Engineering Private Development at 501-399- 3470 or CEPermits@littlerock.gov to schedule an appointment for issuance or to answer any questions. 3. The property or portion of the property lies within the 100 year floodplain. The lowest finished floor (including basement) of the proposed structure must be elevated to at least 1 foot above the base flood elevation. Attendant utility and sanitary facilities must be elevated to above the base flood elevation. The finished floor elevation of at least 1 foot above the base flood elevation must be shown on the grading plan and all final plats. 4. Development or fill within the floodway is prohibited. In accordance with Section 31-176, floodway areas must be shown as floodway easements or be dedicated to the City of Little Rock. In addition, a 25 ft access and maintenance easement is required adjacent to the floodway boundary. 5. Any work involving one (1) or more acres of disturbed area requires a State of Arkansas NPDES permit. Contact the Arkansas Department of Environmental Quality, NPDES branch at 501-682-0744 for applications and information about General Stormwater Discharge Construction Permit #ARR150000. 6. A grading permit must be obtained prior to initiation of work. Grading permits are issued by the Planning and Development Dept. at 723 West Markham Street after approval of sediment and erosion control plans, grading and drainage plans, land survey, drainage study, and soil loss calculations per City’s stormwater management and drainage manual. Contact Planning and Development Dept., Civil Engineering Private Development at 501-371-4817 July 14, 2022 ITEM NO.: 5 (Cont.) FILE NO.: Z-9696 3 or at 501-918-5348 or Permits@littlerock.gov to schedule an appointment for issuance or to answer any questions. Permit cost is based on total project area at $100.00 for the less than ½ acre, $200.00 for ½ to 1 acre, and $200.00 for the first acre and $100.00 for each additional acre for project greater than 1 acre. 7. For final drainage report, sign, date, and seal the report per AR State Board of Professional Engineers and Professional Surveyors rules Article 12, Section B (1) (a). 8. Hauling of fill material on or off project sites over municipal streets require approval prior to a grading permit being issued. Contact Public Works Traffic Engineering at 621 S. Broadway 501-379-1800 with any questions or for more information. 9. Damage to public and private property due to hauling operations or operations of construction related equipment from a construction site shall be repaired by the responsible party prior to the issuance of a certificate of occupancy. 10. Provide as-built plans and data entry template of newly installed or modified public and private stormwater drainage system prior to issuance of the certificate of occupancy. The as-built plans should contain information as found on the City of Little Rock website at https://www.littlerock.gov/city- administration/city-departments/public-works/applications-details-and- manuals/. Provide the as-built plans and data entry template to Planning and Development Dept., Civil Engineering Private Development by email to csmith@littlerock.gov and cc dwarner@littlerock.gov. If you have any questions or desire additional information, please do not hesitate to contact Planning and Development Dept., Civil Engineering Private Development at 501-371-4817 or at 501-918-5348 or email Permits@littlerock.gov. 11. Obtain Traffic Control permits prior to doing any street cuts or curb cuts. Obtain Traffic Control permits prior to doing any work on city streets or in the right-of-way. Contact Traffic Engineering at 501-379-1800 for more information. 12. A maintenance bond for 50% of total construction costs for all completed public street and drainage improvements within City right of way and as-built storm drainage infrastructure plans shall be provided to the Department of Planning and Development before the issuance of a final certificate of occupancy. 13. The Department requires three (3) phase sediment and erosion control (SEC) plans to be submitted for all construction projects showing best management practices (BMPs) for mitigating sediment runoff and erosion along with vegetation specifications for temporary and permanent soil stabilization. Phase 1 SEC plans shall show SEC BMPs during the stripping, clearing, July 14, 2022 ITEM NO.: 5 (Cont.) FILE NO.: Z-9696 4 grubbing, and rough grading of the site. Phase 2 SEC plans shall show SEC BMPs during construction of utilities, buildings, roadway infrastructure and drainage infrastructure. Phase 3 SEC Plans shall show SEC BMPs for final grading, seeding, and landscaping of the site. 14. Sediment and Erosion Control plans shall also show the pertinent information as outlined in ADEQ ARR150000 Permit Part II section A-4-H (1-14) and Part II section A-4-I-2 (A-B). 15. Contact Planning and Development Dept., Civil Engineering Private Development at 501-371-4817 or at 501-918-5348 for inspections of any work in the public right-of-way prior to placement of concrete or asphalt or for on- site clarification of requirements prior to commencing work. Failure to do so can result in removal of any improperly placed concrete or asphalt at the expense of the owner or contractor. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: No comments received. Entergy: No comments received. Summit Utilities: No comments. AT & T: No comments received. Central Arkansas Water: No comments received. Fire Department: Maintain Access: Fire Hydrants. Maintain fire apparatus access roads at fire hydrant locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.1 Access road width with a hydrant. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet, exclusive of shoulders. Grade Maintain fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.2 Grade. Fire apparatus access roads shall not exceed 10 percent in grade except as approved by the fire chief. If the grade exceeds 10 percent, approval will be denied and the applicant must submit request to be reviewed by Fire Chief for Approval. July 14, 2022 ITEM NO.: 5 (Cont.) FILE NO.: Z-9696 5 Loading Maintain fire apparatus access road design as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D102.1 Access and loading. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of fire apparatus weighing at least 75,000 pounds. Commercial and Industrial Developments – 2 means of access. - Maintain fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D104.1 Buildings exceeding three stories or 30 feet in height. Building or facilities exceeding 30 feet or three stories in height shall have at least two means of fire apparatus access for each structure. Section D104.2 Building exceeding 62,000 square feet in area. Buildings or facilities having a gross building area of more than 62,000 square feet shall be provide with two separate and approved fire apparatus access roads. Exception: Projects having a gross building area of up to 124,000 square feet that have a single approved fire apparatus access road when all building are equipped throughout with approved automatic sprinkler systems. D104.3 Remoteness. Where two fire apparatus access roads are required, they shall be placed a distance apart equal to not less than one half of the length of the maximum overall diagonal dimension of the lot or area to be served, measured in a straight line between accesses. 30’ Tall Buildings - Maintain aerial fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D105.1 – D105.4 D105.1 Where Required. Where the vertical distance between the grade plane and the highest roof surface exceed 30’, approved aerial fire apparatus access roads shall be provided. For the purposes of this section the highest roof surfaces shall be determined by measurement to the eave of a pitched roof, the intersection of a roof to the exterior wall, or the top of the parapet walls, whichever is greater. D105.2 Width. Aerial fire apparatus access roads shall have a minimum unobstructed with of 26’, exclusive of shoulders, in the immediate vicinity of the building or portion thereof. D105.3 Proximity to building. At least one of the required access routes meeting this condition shall be located within a minimum of 15 feet and a maximum of 30 feet from the building, and shall be positioned parallel to one entire side of July 14, 2022 ITEM NO.: 5 (Cont.) FILE NO.: Z-9696 6 the building. The side of the building on which the aerial fire apparatus access road is positioned shall be approved by the fire code official. D105.4 Obstructions. Overhead utility and power lines shall not be located over the aerial fire apparatus access road or between the aerial fire apparatus road and the building. Other obstructions shall be permitted to be places with the approval of the fire code official. Dead Ends. Maintain fire apparatus access roads at dead end locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.4 Dead Ends. Dead-end fire apparatus access roads in excess of 150 feet shall be provided with width and turnaround provisions in accordance with Table D103.4. Requirements for Dead-end fire apparatus access roads. Gates Maintain fire apparatus access road gates as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.5 Fire apparatus access road gates. Gates securing the fire apparatus access roads shall comply with all of the following criteria: 1. Minimum gate width shall be 20 feet. 2. Gates shall be of swinging or sliding type. 3. Construction of gates shall be of material that allow manual operation by one person. 4. Gate components shall be maintained in an operable condition at all times and replaces or repaired when defective. 5. Electric gates shall be equipped with a means of opening the gate by fire department personnel for emergency access. Emergency opening devices shall be approved by the fire code official. 6. Manual opening gates shall not be locked with a padlock or chain and padlock unless they are capable of being opened by means of forcible entry tools or when a key box containing the keys to the lock is installed at the gate location. 7. Locking device specifications shall be submitted for approval by the fire code official. 8. Electric gate operators, where provided, shall be listed in accordance with UL 325. 9. Gates, intended for automatic operation shall be designed, constructed and installed to comply with requirements of ASTM F 2200. July 14, 2022 ITEM NO.: 5 (Cont.) FILE NO.: Z-9696 7 Fire Hydrants Locate Fire Hydrants as per Appendix C of the 2012 Arkansas Fire Prevention Code. Section C101 – C105, in conjunction with Central Arkansas Water (Daniel Tull 501-377-1245) and the Little Rock Fire Marshal’s Office (Capt. Tony Rhodes 501-918-3757, or Fire Marshal Derek N. Ingram 501-918-3756 Number and Distribution of Fire Hydrants as per Table C105.1. Parks and Recreation: No comments received. County Planning: No comments. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. Landscape: 1. Any new site development must comply with the City’s minimal landscape and buffer ordinance requirements. 2. Screening requirements will need to be met for the vehicular use areas adjacent to street rights-of-way. Provide screening shrubs with an average linear spacing of not less at three (3) feet within the required landscape area. Provide trees with an average linear spacing of not less than thirty (30) feet. 3. A perimeter planting strip is required along any side of a vehicular use area that abuts adjoining property, or the right-of-way of any street. This strip shall be at least nine (9) feet wide. One (1) tree and three (3) shrubs or vines shall be planted for every thirty (30) linear feet of perimeter planting strip. 4. An automatic irrigation system to water landscaped areas shall be required for developments of one (1) acre or larger. 5. The development of two (2) acres or more requires the landscape plan to be stamped with the seal of a Registered Landscape Architect. 6. 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. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. July 14, 2022 ITEM NO.: 5 (Cont.) FILE NO.: Z-9696 8 Planning Division: The request is in the Otter Creek Planning District. The Land Use Plan shows Mixed Commercial Industrial (MCI) for the requested area. The Mixed Commercial Industrial (MCI) category provides for a mixture of commercial and industrial uses to occur. Acceptable uses are commercial or mixed commercial and industrial. A Planned Zoning District is required if the use is mixed commercial and industrial. The application is to rezone from Single Family District (R-2) to Open Display Commercial District (C-4) to allow for the future use of outdoor sales of undamaged and damaged vehicles, machinery and equipment on this property. Surrounding the application area, the Land Use Plan shows Mixed Commercial Industrial (MCI) to the southwest and northeast from the site. Park/Open Space (PK/OS) is shown on the Plan Map to the east. Across Interstate 30, to the north, is land shown for Commercial (C) use. The Mixed Commercial Industrial (MCI) category provides for a mixture of commercial and industrial uses to occur. Acceptable uses are commercial or mixed commercial and industrial. A Planned Zoning District is required if the use is mixed commercial and industrial. The land both to the southwest and northeast of the application area is zoned Open Display Commercial District (C-4). To the south are equipment sales and service companies. To the north there are equipment, boat, and auto sales and service businesses in this area. The Park/Open Space (PK/OS) category includes all public parks, recreation facilities, greenbelts, flood plains, and other designated open space and recreational land. The land with this designation is the floodway and floodplain of Crooked Creek. The Commercial (C) category includes a broad range of retail and wholesale sales of products, personal and professional services, and general business activities. Commercial activities vary in type and scale, depending on the trade area that they serve. This land, north of the freeway, is zoned Open Display Commercial District (C-4), There are several outdoor retail sales businesses, convenience store with gas pumps and flooring business. Master Street Plan: To the north is Interstate 30, shown as a Freeway on the Master Street Plan. This roadway is part of the Interstate freeway system and ArDOT controls the design and right-of-way requirements of such roadways. Bicycle Plan: There are no bike routes shown in the immediate vicinity. Historic Preservation Plan: There are no existing historic sites on, or in proximity to, this land. H. ANALYSIS: Clay Family, LLC, owner of the 66.02 acre property located at 12297 Interstate 30, is requesting that the property be rezoned from “R-2” Single Family District and “C-3” General Commercial District to “C-4” Open Display District. The July 14, 2022 ITEM NO.: 5 (Cont.) FILE NO.: Z-9696 9 majority of the property is zoned R-2, with a relatively small area of C-3 zoning at the northwest corner of the overall property. A large portion of the property (south portion) is located in the floodplain and floodway. The rezoning is proposed to allow the sales and storage of vehicles, machinery and equipment. The I-30 Speedway facilities and parking are located within the north portion of the property. A small restaurant building is located near the northeast corner of the property along I-30. A billboard is located at the northwest corner of the property. A mixture of commercial and light industrial uses are located east and west of the site on properties zoned C-4, PCD and I-2. Mixed commercial uses are located to the north across I-30, with C-4 being the predominate zoning. A creek and railroad right-of-way are located along the south property boundary. R-2 zoned properties are located further south. The City’s Future Land Use Plan designates this property as “MCI” Mixed Commercial Industrial and “PK/OS” Park-Open Space for the floodway area. The requested C-4 zoning will not require an amendment to the future land use plan. Staff is supportive of the requested C-4 zoning. Staff views the request as reasonable. C-4 zoning is located immediately east, west and north of the subject property. The proposed C-4 zoning will represent a continuation of the zoning pattern along this section of I-30. The property is designated as “MCI” Mixed Commercial – Industrial by the City’s Future Land Use Plan. As per Section 36-341 of the City’s Zoning Ordinance, the south portion of the property located in the floodplain and floodway will be zoned “FP” Floodplain District. Staff believes the proposed C-4 zoning will have no adverse impact on the general area. I. STAFF RECOMMENDATION: Staff recommends approval of the requested C-4 rezoning. PLANNING COMMISSION ACTION: (JULY 14, 2022) The item was placed on consent agenda for approval. By a vote of 10 for, 0 against, 0 absent, and 1 vacant position the consent approval was approved. July 14, 2022 ITEM NO.: 6 FILE NO.: Z-9536-A NAME: Woodlands Valley – Revised PRD LOCATION: South side of Cooper Orbit Road at Kanis Road DEVELOPER: Woodland Hills Valley, LLC 15100 Pride Valley Road Little Rock, AR 72223 OWNER/AUTHORIZED AGENT: Joe White – Agent Joe White Associates 25 Rahling Circle, Suite A-2 Little Rock, AR 72223 SURVEYOR/ENGINEER: Joe White Associates 25 Rahling Circle, Suite A-2 Little Rock, AR 72223 AREA: 41.5969 acres NUMBER OF LOTS: 215 FT. NEW STREET: 5,835 LF WARD: 7 PLANNING DISTRICT: 18 CENSUS TRACT: 42.07 CURRENT ZONING: PRD/R-2 VARIANCE/WAIVERS: 1. Advanced grading with infrastructure. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes to revise the previously approved PRD rezoning of a R-2 residential development at the intersection of Cooper Orbit Road and Kanis Road for a 215-lot development with single-family patio homes and attached residential townhomes. July 14, 2022 ITEM NO.: 6 (Cont.) FILE NO.: Z-9536-A 2 B. EXISTING CONDITIONS: The site is currently undeveloped and heavily wooded The property contains varying degrees of slope primarily sloping downward from south to north. C. NEIGHBORHOOD NOTIFICATIONS: All owners of property located within 200 feet of the site and all neighborhood associations registered with the City of Little Rock were notified of the public hearing. D. ENGINEERING COMMENTS: 1. When is Cooper Orbit Road being relocated? 2. Who is performing the work? Has a contract been awarded? 3. When is the R/W to be abandoned? What parties are involved? 4. Width of drive connecting to new proposed Cooper Orbit Relocation? 5. Comments based on layout are subject to change depending on the Cooper Orbit Rd. relocation. This would affect the proposed lots on the north (101-118), proposed retention area, the proposed ditch, and the proposed dog park area. 6. Is the drive between lots for access and parking? 7. What is the width of the drive between the lots? 8. This layout exceeds the number of lots allowed per loop street on a single entrance. Where is the second access proposed to be? 9. How is the access, if any, from Woodland Trails being utilized? The ditch runs directly to it. 10. A grading permit shall be required prior to initiation of work to include the advance grading variance with infrastructure. Grading permits are issued by the Planning and Development Dept. at 723 West Markham Street after approval of sediment and erosion control plans, grading and drainage plans, land survey, drainage study, and soil loss calculations per City’s stormwater management and drainage manual. Contact Planning and Development Dept., Civil Engineering Private Development at 501-371-4817 or at 501-918-5348 or Permits@littlerock.gov to schedule an appointment for issuance or to answer any questions. Permit cost is based on total project area at $100.00 for the less than ½ acre, $200.00 for ½ to 1 acre, and $200.00 for the first acre and $100.00 for each additional acre for project greater than 1 acre. 11. Boundary street improvements are required on Cooper Orbit per master street plan. Boundary street improvements shall include, but not be limited to, reconstruction of one-half section of the abutting street if the existing street is not up to city standards. Repair, replace, or extend existing damaged, missing, July 14, 2022 ITEM NO.: 6 (Cont.) FILE NO.: Z-9536-A 3 and noncompliant curb and gutter, sidewalk, access ramps or concrete driveway aprons within the public right-of-way adjacent to the site. Remove abandoned driveway cuts and replace with curb, gutter, and sidewalk. All work within the public right-of-way shall conform to City of Little Rock Public Works Standard Details and ADA guidelines. 12. Any work involving one (1) or more acres of disturbed area requires a State of Arkansas NPDES permit. Contact the Arkansas Department of Environmental Quality, NPDES branch at 501-682-0744 for applications and information about General Stormwater Discharge Construction Permit #ARR150000. 13. Per City Rev. Code 29-99, stormwater detention for developments is required. Provide stormwater detention infrastructure to satisfy this requirement. 14. For the required, final drainage report, sign, date, and seal the report per AR State Board of Professional Engineers and Professional Surveyors rules Article 12, Section B (1) (a). 15. Provide engineer's certification statement saying this drainage report was conducted by yourself or directly under your supervision and attesting to the accuracy of the information within this report. 16. The Department requires three (3) phase sediment and erosion control (SEC) plans to be submitted for all construction projects showing best management practices (BMPs) for mitigating sediment runoff and erosion along with vegetation specifications for temporary and permanent soil stabilization. Phase 1 SEC plans shall show SEC BMPs during the stripping, clearing, grubbing, and rough grading of the site. Phase 2 SEC plans shall show SEC BMPs during construction of utilities, buildings, roadway infrastructure and drainage infrastructure. Phase 3 SEC Plans shall show SEC BMPs for final grading, seeding, and landscaping of the site. 17. Sediment and Erosion Control plans shall also show the pertinent information as outlined in ADEQ ARR150000 Permit Part II section A-4-H (1-14) and Part II section A-4-I-2 (A-B). 18. Damage to public and private property due to hauling operations or operations of construction related equipment from a construction site shall be repaired by the responsible party prior to the issuance of a certificate of occupancy. 19. Hauling of fill material on or off project sites over municipal streets require approval prior to a grading permit being issued. Contact Public Works Traffic Engineering at 621 S. Broadway 501-379-1800 with any questions or for more information. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: No Comments Received. July 14, 2022 ITEM NO.: 6 (Cont.) FILE NO.: Z-9536-A 4 Entergy: No comments received. CenterPoint Summit Energy: No comment. AT & T: No comments received. Central Arkansas Water: No comments received. Fire Department: Maintain Access: Fire Hydrants. Maintain fire apparatus access roads at fire hydrant locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.1 Access road width with a hydrant. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet, exclusive of shoulders. Grade Maintain fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.2 Grade. Fire apparatus access roads shall not exceed 10 percent in grade except as approved by the fire chief. If the grade exceeds 10 percent, approval will be denied and the applicant must submit request to be reviewed by Fire Chief for Approval. Loading Maintain fire apparatus access road design as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D102.1 Access and loading. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of fire apparatus weighing at least 75,000 pounds. Gates Maintain fire apparatus access road gates as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.5 Fire apparatus access road gates. Gates securing the fire apparatus access roads shall comply with all of the following criteria: 1. Minimum gate width shall be 20 feet. 2. Gates shall be of swinging or sliding type. 3. Construction of gates shall be of material that allow manual operation by one person. July 14, 2022 ITEM NO.: 6 (Cont.) FILE NO.: Z-9536-A 5 4. Gate components shall be maintained in an operable condition at all times and replaces or repaired when defective. 5. Electric gates shall be equipped with a means of opening the gate by fire department personnel for emergency access. Emergency opening devices shall be approved by the fire code official. 6. Manual opening gates shall not be locked with a padlock or chain and padlock unless they are capable of being opened by means of forcible entry tools or when a key box containing the keys to the lock is installed at the gate location. 7. Locking device specifications shall be submitted for approval by the fire code official. 8. Electric gate operators, where provided, shall be listed in accordance with UL 325. 9. Gates, intended for automatic operation shall be designed, constructed and installed to comply with requirements of ASTM F 2200. One- or Two-Family Residential Developments. As per Appendix D, Section D107.1 of the Arkansas Fire Prevention Code Vol. 1, One- or Two-Family dwelling residential developments. Developments of one- or two-family dwellings where the number of dwelling units exceeds 30 shall be provided with two separate and approved fire apparatus access roads, and shall meet the requirements of Section D104.3. Exceptions: 1. Where there are more than 30 dwelling units on a single public or private fire apparatus access road and al dwelling units are equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3 of the Arkansas Fire Code, access from two directions shall not be required. 2. The number of dwelling units on a single fire apparatus access road shall not be increased unless fire apparatus access roads will connect with future development, as determined by the fire code official. Fire Hydrants Locate Fire Hydrants as per Appendix C of the 2012 Arkansas Fire Prevention Code. Section C101 – C105, in conjunction with Central Arkansas Water (Daniel Tull 501-377-1245) and the Little Rock Fire Marshal’s Office (Capt. Tony Rhodes 501-918-3757, or Fire Marshal Derek N. Ingram 501-918-3756 Number and Distribution of Fire Hydrants as per Table C105.1. Parks and Recreation: No comments received. County Planning: No comments. July 14, 2022 ITEM NO.: 6 (Cont.) FILE NO.: Z-9536-A 6 F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. Landscape: No comment. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. Planning Division: The request is in the Ellis Mountain Planning District. The Land Use Plan shows Residential Low Density (RL) and Mixed Office Commercial (MOC) for the requested area. The Residential Low Density (RL) category provides for single family homes at densities not to exceed 6 dwelling units per acre. Such residential development is typically characterized by conventional single family homes, but may also include patio or garden homes and cluster homes, provided that the density remain less than 6 units per acre. Mixed Office Commercial (MOC) provides for a mixture of office and commercial uses to occur. Acceptable uses are office or mixed office and commercial. The application is to rezone from Planned Residential Development District (PRD) and Single Family District (R-2) to Planned Residential Development District (PRD) to allow for the future development of 215 lots with single-family and patio homes. Surrounding the application area, the Land Use Plan shows Residential Low Density (RL) to the west and south. Suburban Office (SO) is shown to the north and Mixed Office Commercial (MOC) is shown to the east of the application area. The Residential Low Density (RL) category provides for single family homes at densities not to exceed 6 dwelling units per acre. Such residential development is typically characterized by conventional single family homes, but may also include patio or garden homes and cluster homes, provided that the density remain less than 6 units per acre. To the south is the Woodlands Edge neighborhood of single-family homes, zoned Single Family District (R-2). To the west is a legally non-conforming business and then single-family homes on larger tracts. All this land is zoned R-2. The Suburban Office (SO) category shall provide for low intensity development of office or office parks in close proximity to lower density residential areas to assure compatibility. A Planned Zoning District is required. This land has been developed as an apartment complex. The land is zoned Planned Development Residential (PDR) District and Neighborhood Commercial District (C-1) Mixed Office Commercial (MOC) provides for a mixture of office and commercial uses to occur. Acceptable uses are office or mixed office and commercial. The land to the west and northwest is undeveloped and either vacant or wooded. The property is zoned General Commercial District (C-3) and Neighborhood Commercial District (C-1). July 14, 2022 ITEM NO.: 6 (Cont.) FILE NO.: Z-9536-A 7 Master Street Plan: To the north is Cooper Orbit Road is a Local Street on the Master Street Plan. The primary function of Local Streets is to provide access to adjacent properties. Local Streets that are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes shown in the immediate vicinity. Historic Preservation Plan: There are no existing historic sites on, or in proximity to, this land. H. ANALYSIS: The applicant proposes to revise the previously approved PRD rezoning of a R-2 residential development at the intersection of Cooper Orbit Road and Kanis Road for a 215-lot development with single-family patio homes and attached residential townhomes (5.17 lots per acre). The previously approved PRD portion of the property had 81 lots, with the R-2 zoned (preliminary plat) portion being approved for 65 lots (146 lots total). The site is currently undeveloped and heavily wooded The property contains varying degrees of slope primarily sloping downward from south to north. The applicant proposes the average perimeter lot size to be 50 feet by 110 feet (5,500 square feet) and the average internal lot size to be 32 feet by 130 feet (4,160 square feet). The applicant proposes to develop the subdivision in four (4) phases as follows: Phase I – Lots 101-121, 201-224 and 166-169. Phase II – Lots 225-249, 301-325, 122-125 and 160-165. Phase III – Lots 154-159, 126-129, 326-350, and 401-425 Phase IV – Lots 426-447 and 130-153 The proposed plan will consist of garden patio homes on the perimeter lots around the north, east, south, and west sides of the development and attached residential townhomes on the internal lots. The perimeter lots will have a proposed twenty (20) foot front building line and the internal lots will have a ten (10) foot setback at the front and sides, with a fifteen (15) foot setback at the street sides and rear yards adjacent to an access alley. The applicant is requesting a variance from the Land Alteration Regulations to advance grade the entire subdivision with the issuance of the grading permit for construction of the streets, drainage infrastructure, and utilities in Phase 1 the development. The request is proposed in order eliminate the need to export and July 14, 2022 ITEM NO.: 6 (Cont.) FILE NO.: Z-9536-A 8 import materials across the newly built city streets as each phase and lot is developed. The Staff supports the requested variance. The applicant also proposes to abandon the portion of Cooper Orbit Road adjacent to this overall property as part of the development plan. The applicant proposes for Cooper Orbit Road to re-align with Panther Branch Drive to the northwest for a new intersection with Kanis Road. The City of Little Rock and Pulaski County are in a joint effort to re-align Cooper Orbit Road with Panther Branch Drive. The abandonment request for the portion of Cooper Orbit Road adjacent to this proposed subdivision will not be submitted to the City Board of Directors for approval until the re-alignment project is complete and accepted by the City of Little Rock. The site plan shows an access drive at the northwest corner of the development connecting to Cooper Orbit Road. The drive includes a turnaround area along the south lane containing a mail kiosk. The 5,835-liner foot internal drive continues around the perimeter of the property between the single-family homes along the exterior and interior townhome lots. The site plan also includes two (2) internal streets and three (3) internal alleys crossing the site from east to west between the townhomes connecting the perimeter drive. An emergency access drive is proposed at the northeast corner of the development connecting the internal drive to Kanis Road. The interior lots will be accessed via the new alleys. A 10-foot wide “no vehicular access” easement will be located along the front of all the interior lots. The applicant proposes to provide a stormwater detention area at the east central portion of the development adjacent to the east property line along with a proposed recreation area at the northwest corner of the development and a dog park at the northeast corner of the project. The applicant is proposing a mail kiosk along the south edge of the main access drive connecting to Cooper Orbit Road. The mailbox kiosk location must be constructed in conformance with USPS and City of Little Rock design standards and be ADA accessible. Trash will be collected using standard City of Little Rock garbage collection. The applicant is proposing a monument sign at the north edge of the access drive connecting to Cooper Orbit Road. The proposed new signage will comply with Section 36-551 (a) (4) of the City’s zoning ordinance. The property is bordered to the north by PD-R and C1 zoned properties and primarily by R-2 developments containing single family dwellings along the west, south, and east perimeters of the property. July 14, 2022 ITEM NO.: 6 (Cont.) FILE NO.: Z-9536-A 9 To staff's knowledge, there are no outstanding issues related to this preliminary plat request. The applicant has done a good job in addressing issues as raised by staff during staff's review of this plat. The subdividing of this property should have no adverse impact on the surrounding properties. Staff is supportive of the requested revised PRD zoning to allow the single family / townhome development. Staff views the request as reasonable. The property is located in an area with predominately R-2 zoned residential properties with a scattering of commercial zoned properties to the north along Kanis Road. The proposed development will represent a quality in-fill type development. Staff believes the proposed increased density will have no adverse impact on the surrounding properties. I. STAFF RECOMMENDATION: Staff recommends approval of the requested revised PRD zoning, subject to compliance with the comments and conditions outlined in paragraphs D and E, and the staff analysis, of the agenda staff report. PLANNING COMMISSION ACTION: (JULY 14, 2022) Brian Dale was present, representing the application. There was one (3) objectors present. Staff presented the application with a recommendation of approval. Brian Dale addressed the Commission in support of the application. He briefly described the project, noting that changes to the intersection of Kanis and Copper Orbit. Ross Phillips addressed the Commission. He stated that he represented the Spring Hill POA and that they were not necessarily opposing the project but needed information. He stated that their primary concern was the Panther Road / Cooper Orbit Road work timeline and how it would impact traffic in the area. Steve Lucci addressed the Commission. He stated that he lived on Winthrop Point and had not had an opportunity to review the proposed site plan. He stated that he was concerned about what type of development it was and if it included high rise buildings which would impact his privacy. Rainey Ray addressed the commission. He stated that he was concerned about the buffers and their depths adjacent to him and his subdivision. He asks if there were any new stop lights included in the proposal for the relocation of the streets. Brian Dale addressed the commission. He stated that the project would include only single-family homes around the perimeter bordering the existing subdivisions and that they July 14, 2022 ITEM NO.: 6 (Cont.) FILE NO.: Z-9536-A 10 were including buffers larger than required. He also stated that the site and road work were being monitored by the city and ADEQ for regulatory compliance and that any road work will be scheduled to minimize the impact on the existing residence in the area. Scott Hurley addressed the commission stating he was part of the development team and that the property funding and layout had been signed off on by all the interested parties. There was a discussion by the Planning Commission regarding the relationship of the development to the surrounding properties and the buffers. The Planning Commission members also noted that the development layout had changed since the original plat was introduced and requested what factors caused the change. Scott Hurley addressed the commission stating that the changed economic factors such as site work cost, material cost, and mortgage rates increases impacted the cost of the lots which required an enlarged project. There was a motion to approve the application as recommended by staff, including all staff comments and conditions. The motion passed by a vote of 10 ayes, 0 nays, and 1 open position. The application was approved. July 14, 2022 ITEM NO.: 7 FILE NO.: Z-9695 NAME: The Villas at Autumn Road – PRD LOCATION: 400-412 Autumn Road DEVELOPER: Empire Development Group, LLC P.O. Box 23713 Little Rock, AR 72201 OWNER/AUTHORIZED AGENT: Larry Gamble, Jessie Gamble, Donald Gamble and Terry Holt (Owners) Eugene Chandler (Agent) SURVEYOR/ENGINEER: Hope Consulting 117 S Market Street Benton, AR 72015 AREA: 5.02 acres NUMBER OF LOTS: 51 FT. NEW STREET: 1540 LF WARD: 6 PLANNING DISTRICT: 11 CENSUS TRACT: 24.07 CURRENT ZONING: R-2 VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is proposing to rezone 5.02 acres from R-2, single-family to Planned Residential District (PRD) to allow for the development of fifty-one (51) attached single-family residences. B. EXISTING CONDITIONS: A majority of the lots are developed to some degree and contain at least one single- family residence. The Birchwood Subdivision is located to the north contains R-2 zoning. Properties to the west and south contain planned commercial July 14, 2022 ITEM NO.: 7 (Cont.) FILE NO.: Z-9695 2 developments. Located to the east, 401 Autumn Road, is zoned O-2 (Lile Real Estate, Inc). 601 Autumn Road (Modern Storage West Little Rock, LLC) is zoned PD-C and contains a minimum forty (40) foot open-space buffer along the north and east sides of the property which provides screening for R-2 zoned property to the north and east which abuts single-family residences within the Birchwood Subdivision. C. NEIGHBORHOOD NOTIFICATIONS: All owners of property within 200 feet of the site and all neighborhood associations registered with the City of Little Rock were notified of the public hearing. D. ENGINEERING COMMENTS: 1. Proposed R/W variance needed for requested street widths within development. 2. Provide Design Vehicle Tracking Plan showing the maneuverability of a ladder firetruck wheelbase within the development. 3. A grading permit shall be required prior to initiation of work to include the advance grading variance with infrastructure. Grading permits are issued by the Planning and Development Dept. at 723 West Markham Street after approval of sediment and erosion control plans, grading and drainage plans, land survey, drainage study, and soil loss calculations per City’s stormwater management and drainage manual. Contact Planning and Development Dept., Civil Engineering Private Development at 501-371-4817 or at 501-918- 5348 or Permits@littlerock.gov to schedule an appointment for issuance or to answer any questions. Permit cost is based on total project area at $100.00 for the less than ½ acre, $200.00 for ½ to 1 acre, and $200.00 for the first acre and $100.00 for each additional acre for project greater than 1 acre. 4. Boundary street improvements are required on Autumn Rd. per master street plan. Boundary street improvements shall include, but not be limited to, reconstruction of one-half section of the abutting street if the existing street is not up to city standards. Repair, replace, or extend existing damaged, missing, and noncompliant curb and gutter, sidewalk, access ramps or concrete driveway aprons within the public right-of-way adjacent to the site. Remove abandoned driveway cuts and replace with curb, gutter, and sidewalk. All work within the public right-of-way shall conform to City of Little Rock Public Works Standard Details and ADA guidelines. 5. Any work involving one (1) or more acres of disturbed area requires a State of Arkansas NPDES permit. Contact the Arkansas Department of Environmental Quality, NPDES branch at 501-682-0744 for applications and July 14, 2022 ITEM NO.: 7 (Cont.) FILE NO.: Z-9695 3 information about General Stormwater Discharge Construction Permit #ARR150000. 6. Per City Rev. Code 29-99, stormwater detention for developments is required. Provide stormwater detention infrastructure to satisfy this requirement. 7. For the required, final drainage report, sign, date, and seal the report per AR State Board of Professional Engineers and Professional Surveyors rules Article 12, Section B (1) (a). 8. Provide engineer's certification statement saying this drainage report was conducted by yourself or directly under your supervision and attesting to the accuracy of the information within this report. 9. The Department requires three (3) phase sediment and erosion control (SEC) plans to be submitted for all construction projects showing best management practices (BMPs) for mitigating sediment runoff and erosion along with vegetation specifications for temporary and permanent soil stabilization. Phase 1 SEC plans shall show SEC BMPs during the stripping, clearing, grubbing, and rough grading of the site. Phase 2 SEC plans shall show SEC BMPs during construction of utilities, buildings, roadway infrastructure and drainage infrastructure. Phase 3 SEC Plans shall show SEC BMPs for final grading, seeding, and landscaping of the site. 10. Sediment and Erosion Control plans shall also show the pertinent information as outlined in ADEQ ARR150000 Permit Part II section A-4-H (1-14) and Part II section A-4-I-2 (A-B). 11. Damage to public and private property due to hauling operations or operations of construction related equipment from a construction site shall be repaired by the responsible party prior to the issuance of a certificate of occupancy. 12. Hauling of fill material on or off project sites over municipal streets require approval prior to a grading permit being issued. Contact Public Works Traffic Engineering at 621 S. Broadway 501-379-1800 with any questions or for more information. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: No comments received. Entergy: No comments received. Summit Energy: No comments. AT & T: No comments received. July 14, 2022 ITEM NO.: 7 (Cont.) FILE NO.: Z-9695 4 Central Arkansas Water: No comments received. Fire Department: Maintain Access: Fire Hydrants. Maintain fire apparatus access roads at fire hydrant locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.1 Access road width with a hydrant. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet, exclusive of shoulders. Grade Maintain fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.2 Grade. Fire apparatus access roads shall not exceed 10 percent in grade except as approved by the fire chief. If the grade exceeds 10 percent, approval will be denied and the applicant must submit request to be reviewed by Fire Chief for Approval. Loading Maintain fire apparatus access road design as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D102.1 Access and loading. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of fire apparatus weighing at least 75,000 pounds. Dead Ends. Maintain fire apparatus access roads at dead end locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.4 Dead Ends. Dead-end fire apparatus access roads in excess of 150 feet shall be provided with width and turnaround provisions in accordance with Table D103.4. Requirements for Dead-end fire apparatus access roads. Gates Maintain fire apparatus access road gates as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.5 Fire apparatus access road gates. Gates securing the fire apparatus access roads shall comply with all of the following criteria: 1. Minimum gate width shall be 20 feet. 2. Gates shall be of swinging or sliding type. July 14, 2022 ITEM NO.: 7 (Cont.) FILE NO.: Z-9695 5 3. Construction of gates shall be of material that allow manual operation by one person. 4. Gate components shall be maintained in an operable condition at all times and replaces or repaired when defective. 5. Electric gates shall be equipped with a means of opening the gate by fire department personnel for emergency access. Emergency opening devices shall be approved by the fire code official. 6. Manual opening gates shall not be locked with a padlock or chain and padlock unless they are capable of being opened by means of forcible entry tools or when a key box containing the keys to the lock is installed at the gate location. 7. Locking device specifications shall be submitted for approval \by the fire code official 8. Electric gate operators, where provided, shall be listed in accordance with UL 325. 9. Gates, intended for automatic operation shall be designed, constructed and installed to comply with requirements of ASTM F 2200. One- or Two-Family Residential Developments. As per Appendix D, Section D107.1 of the Arkansas Fire Prevention Code Vol. 1, One- or Two-Family dwelling residential developments. Developments of one- or two-family dwellings where the number of dwelling units exceeds 30 shall be provided with two separate and approved fire apparatus access roads, and shall meet the requirements of Section D104.3. Exceptions: 1. Where there are more than 30 dwelling units on a single public or private fire apparatus access road and al dwelling units are equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3 of the Arkansas Fire Code, access from two directions shall not be required. 2. The number of dwelling units on a single fire apparatus access road shall not be increased unless fire apparatus access roads will connect with future development, as determined by the fire code official. Fire Hydrants Locate Fire Hydrants as per Appendix C of the 2012 Arkansas Fire Prevention Code. Section C101 – C105, in conjunction with Central Arkansas Water (Daniel Tull 501-377-1245) and the Little Rock Fire Marshal’s Office July 14, 2022 ITEM NO.: 7 (Cont.) FILE NO.: Z-9695 6 (Capt. Tony Rhodes 501-918-3757, or Fire Marshal Derek N. Ingram 501-918- 3756 Number and Distribution of Fire Hydrants as per Table C105.1. Parks and Recreation: No comments received. County Planning: No comments Received. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. Landscape: No comments. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments Received. Planning Division: The request is in the I-430 Planning District. The Land Use Plan shows Office (O) for the requested area. Office (O) category represents services provided directly to consumers (e.g., legal, financial, medical) as well as general offices which support more basic economic activities. The application is to rezone from Single Family District (R2) to Planned Residential Development (PRD) District to allow for the future development of 32 patio homes in 14 buildings on this property. Surrounding the application area, the Land Use Plan shows Park/Open Space (PK/OS) and Residential Low Density (RL) to the north. Commercial (C) is shown on the Plan Map to the west and southwest of the site. Mixed Office Commercial (MOC) is shown on the Plan Map to the south of the application area. To the east, across Autumn Road is shown as Office (O) on the Plan Map. The Park/Open Space (PK/OS) category includes all public parks, recreation facilities, greenbelts, flood plains, and other designated open space and recreational land. This land is shown as a buffer between dis-similar uses. The Residential Low Density (RL) category provides for single family homes at densities not to exceed 6 dwelling units per acre. Such residential development is typically characterized by conventional single family homes, but may also include patio or garden homes and cluster homes, provided that the density remain less than 6 units per acre. This land is zoned R-2, Single Family District. The developed Birchwood neighborhood of single-family houses is on this land. The Commercial (C) category includes a broad range of retail and wholesale sales of products, personal and professional services, and general business activities. Commercial activities vary in type and scale, depending on the trade area that they serve. The property to the west and south is zoned with Planned Commercial Development (PCD) Districts. To the west is Best Buy and Whole Foods and to the southwest is an athletic workout July 14, 2022 ITEM NO.: 7 (Cont.) FILE NO.: Z-9695 7 facility. Mixed Office Commercial (MOC) provides for a mixture of office and commercial uses to occur. Acceptable uses are office or mixed office and commercial. There is a Planned Commercial Development (PCD) District to the south with a medical office on the land. Office (O) category represents services provided directly to consumers (e.g., legal, financial, medical) as well as general offices which support more basic economic activities. The land to the east, across Autumn Road is zoned Office and Institutional District (O-2) and Planned Development Commercial (PDC) District. The O-2 land has an office on it and there is a multi-story mini-warehouse development on the PDC land. Master Street Plan: To the east is Autumn Road, shown as a Collector on the Master Street Plan. The primary function of a Collector Road is to provide a connection from Local Streets to Arterials. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There is a Class III Bike Route shown on Autumn Road. Bike Routes require no additional right-of-way, but either a sign or pavement marking to identify and direct the route. Historic Preservation Plan: There are no existing historic sites on, or in proximity to, this land. H. ANALYSIS: The applicant is proposing to develop 5.02 acres from R-2, single-family to Planned Residential District (PRD) to allow for the development of fifty-one (51) attached, zero lot line patio homes comprised of fourteen (14) residential buildings with a density of two (2) to five (5) attached single-family units per building. All of the homes will be of new construction and will be approximately 1,200 square feet to 1,400 square feet in area with a height not exceeding thirty-five (35) feet. The patio homes will take access from Autumn Road via a divided gated entry with ample turnaround space. All gated access entry points must comply with the City of Little Rock Fire Department standards. All patio homes will consist of two bedrooms, two bathrooms, one or two car attached garage(s) and two-car driveways to minimize on-street parking. Section 36-502 of the City’s Zoning Ordinance typically requires one off-street parking space per single-family dwelling. Staff feels the provided off-street parking is sufficient to serve this development. July 14, 2022 ITEM NO.: 7 (Cont.) FILE NO.: Z-9695 8 The applicant proposes the following setbacks for all units within the development: 1. Front – 20 feet 2. Rear – 10 feet 3. Side – 7 feet/0 feet Staff feels the proposed setbacks are sufficient for this development. The applicant is proposing a six (6) foot wooden privacy fence where fences do not currently exist. The applicant notes the decorative side of the fence will face outward. Any new fencing must comply with Section 31-516 of the City’s Zoning Ordinance. The applicant notes all lawns and all common areas will be maintained by the developer. The applicant notes a sign will be located at the entrance to the subdivision. All signs must comply with Section 36-551(a)(4) of the City’s Zoning Ordinance (signs permitted in residential one – and two family zones). The site plan indicates mail kiosks located within the north and south internal common areas. The applicant has provided a statement from the Postmaster at the Huron Lane Office approving the location of the kiosks. The applicant notes the residences will have trash collection provided by standard City of Little Rock garbage collection. Staff is supportive of the requested application to allow the 5.02 acre site to be rezoned from R-2 to Planned Residential District (PRD) to allow for new construction of fifty-one (51), zero lot line single-family residences. Staff will require that all streets be developed according to the City’s Master Street Plan Standards. Staff feels the request is reasonable. Comparable developments within the area include Taylor Park located off Kanis Road, Parkside off Denny Road, Madison Park off LaMarche Blvd., Ranch West Villas and Valley View Court on Katillus Road. Staff feels the proposed development will have no adverse impact on the area. To staff’s knowledge, there are no outstanding issues associated with this application. I. STAFF RECOMMENDATION: Staff recommends approval of the requested PRD zoning, subject to compliance with the comments and conditions outlined in paragraphs D and E, and the staff analysis, of the agenda staff report. July 14, 2022 ITEM NO.: 7 (Cont.) FILE NO.: Z-9695 9 PLANNING COMMISSION ACTION: (JULY 14, 2022) The item was placed on consent agenda for deferral. By a vote of 10 for, 0 against, 0 absent, and 1 vacant position the consent deferral was approved. July 14, 2022 ITEM NO.: 8 FILE NO.: A-341 / Z-9699 NAME: Thibault Zeuber Annexation and I-3, Heavy Industrial Zoning REQUEST: Accept 23.3 acres plus or minus to the City LOCATION: Northwest of the Thibault - Zeuber Roads intersection SOURCE: Grant Cox, agent GENERAL INFORMATION: • The Pulaski County Judge was scheduled to have a hearing to sign the Judge’s Order verifying that the applicant meets all the requirements of the voluntary annexation process and approving the annexation on Tuesday July 12, 2022. • The site is mostly cleared with no structures. The property owners indicated that they plan to market the land for future industrial development. • There are two property owners. Both owners have signed the petition of annexation. • The site is contiguous to the City of Little Rock along the north boundary. • The annexation request is to obtain City services. • The site is rectangular shaped. The northern and southern boundaries are approximately 1314 and 1319 feet, respectively. The eastern and western boundaries are approximately 767 and 771 feet, respectively. Zeuber Road is along the southern boundary and Thibault Road is along the eastern boundary of the annexation area. • The site consists of approximately 23.26 acres, currently not zoned. AGENCY COMMENTS: Public Safety: Fire: Little Rock Fire Department has indicated they have no issues or concerns with the proposed annexation. Police: No Comment received. Infrastructure and Community Facilities: Rock Region METRO Transit: No Comment received. July 14, 2022 ITEM NO.: 8 (Cont.) FILE NO. A-341 / Z-9699 2 Parks and Recreation: No Comment received. Public Works: No Comment received. Pulaski County Planning: No Comment received. Arkansas Geographic Information Office: AGIO expressed no concerns with the annexation and noted the applicant had followed ARK CODE 14-40-101. Utilities: Central Arkansas Water: No Comment received. Entergy: No Comment received. Reliant-Energy: No Comment received. Little Rock Water Reclamation Authority: No Comment received. AT&T: No Comment received. Schools: Little Rock: No Comment received. The annexation area is not within the Little Rock School District. Pulaski County Special: No Comment received. The annexation area is within the Pulaski County Special School District. ANALYSIS: The area requesting annexation is contiguous with the City limits along its northern boundary. The City of Little Rock annexed the area to the north of the site in 1979 - via Ordinance 13370 (Little Rock Port South Annexation). The annexation area has been farm land since at least the 1960s. There are no structures in the area of annexation. The area has a gentle slope from north to south. The land falls off approximately four feet in the approximately 770 feet from north to south. The entire region in which the annexation is located (both areas currently with in the City and outside) is protected by a levee system. The southern half of the annexation area is within the 100-year floodplain. The property currently is not zoned. There is no zoning outside the City in this area. The land within the City to the north and northeast is zoned I-3, Heavy Industrial District. This land is part of the Port Industrial Park. It is partially developed with manufacturing and industrial structures. All the lands to the east, west and south are not zoned and are outside the current City Limits. To the immediate west and south, across Zeuber Road, July 14, 2022 ITEM NO.: 8 (Cont.) FILE NO. A-341 / Z-9699 3 from the annexation area there are warehouse distribution types of uses. The land to the east, across Thibault Road, is vacant and mostly former farmland. This land was recently acquired by a prospective industrial user (TREK) to manufacture their product. Much of the land further to the south and east is either agricultural in use or wooded. The Land Use Plan Map shows the annexation area as Industrial (I). The Industrial category encompasses a wide variety of manufacturing, warehousing research and development, processing, and industry related office and service activities. Industrial development typically occurs on an individual tract basis rather than according to an overall development plan. The Land Use Plan Map shows Industrial (I) in all directions from the annexation area. Most of the land to the south, east and west of the annexation area is either agricultural in use or wooded. The applicant has requested the land be zoned I-3, Heavy Industrial District (Z-9699) as part of their annexation request. The land to the south, east and west of the annexation area is currently not zoned and outside of the City. The land to the north is zoned I-3, Heavy Industrial District. The I-3 land is partially developed with manufacturing and warehouse uses as part of the Port Industrial Park. The Little Rock Port has acquired land beyond this annexation to the east, southeast and southwest and is marketing it for industrial development. The owners of the annexation area agree with the City that industrial development of their land is most appropriate future use. The applicant has provided the City with a letter from the Arkansas GIS Office (AGIO) confirming the request meets all the requirements of Section 14-40-101 (dated December 21, 2021). This confirms that the area requesting annexation is contiguous to the City of Little Rock and all requirements of Arkansas Law have been fulfilled. This annexation is following the property owner voluntary annexation process. The Pulaski County Judge set a hearing for June 13 to consider the request. This Order will set the exact boundaries of the annexation. The norm is to include all adjacent rights-of-way. Once staff has received the Judge’s Order the annexation ordinance will be drafted with the legal proved in the Judge’s Order. Once the Planning Commission has added, no further action on this annexation will occur until receipt of the Judge’s Order. Approximately 1315 linear feet of Zeuber Road and 770 linear feet of Thibault Road are included in this annexation. Zeuber and Thibault Roads are two-lane roads with shoulders. There are open ditches on both sides of the roads. Zeuber Road is shown on the Master Street Plan as a Collector. Thibault Road is shown on the Master Street Plan as a Minor Arterial. The primary function of a Collector Road is to provide a connection from Local Streets to Arterials. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Zeuber and Thibault Roads has been constructed to ‘Industrial Street’ design standards with shoulders and open ditches. The Master Bike Plan shows a Class III Bike Route along Zeuber Road and a Class II Bike Route along Thibault Road. A Class III route shares the roadway with a sign or July 14, 2022 ITEM NO.: 8 (Cont.) FILE NO. A-341 / Z-9699 4 street marketing. A Class II route dedicates a portion of the roadway for the sole use of bicycles. The streets have been marked with bike lanes on the shoulders (a class II Bike Route). Upon annexation, the City will be responsible for the continuing maintenance of approximately 2100 linear feet of roadway and related drainage structures. (This is Thibault and Zeuber Roads.) The infrastructure was improved prior to the Amazon Annexation in 2021. The County widened both roads and added shoulders with open ditches for drainage. The roads are currently constructed to the City’s industrial design approved for roads in the Port district. Since there are not currently any structures on the land and the proposed use would be non-residential, there will not be any solid waste services provided to this land by the City. The Public Works Department did not respond to the request for comment on the annexation. A 16-inch water service line exists along Zeuber Road and Thibault Road to both the east and south of the annexation area. A 30-inch force wastewater service line is along Zeuber Road and Thibault Road to the south and east of the annexation area. As part of the development of any land within the annexation area, the developer will have to extend these services from the existing service lines to any new development. No comments have been received from either Central Arkansas Water or Little Rock Water Reclamation on the proposed annexation. The closest fire station (Station 4) is located at 7500 Lindsey Road. From this station via existing streets is just over a mile to the annexation area. Station 13, at 1105 East Roosevelt Road, is the next closest station with runs of over 5.5 miles to the annexation area over current roads. The Fire Department responded they have no concerns or issues with this annexation. The Little Rock Police Department did not respond to a request for comments on this annexation. The annexation would increase the linear feet of road where the Department might have to respond to traffic issues. Currently portions of both roads on within the Little Rock. It is likely to patrol the areas inside the City a vehicle would pass over the roadway proposed to be annexed. The annexation area is undeveloped. Neither public safety agency expects significant new demand. Staff Recommendation: Approval of the annexation and classification of the land as I-3, Heavy Industrial District. PLANNING COMMISSION ACTION: (JULY 14, 2022) The item was placed on the consent agenda for approval. By a vote of 10 for, 0 against, and 1 vacancy the consent agenda was approved. July 14, 2022 ITEM NO.: 9 Complete Streets: Bicycle Plan Discussion Item: Complete Streets: Bicycle Plan PLANNING COMMISSION ACTION: (JULY 14, 2022) Walter Malone, Planning Staff introduced John Landosky Bike/Ped Coordinator for the City of Little Rock. Mr. Landosky with the Board of Directors adoption in 2013 of the Complete Streets Ordinance. He discussed what ‘Complete Streets’ means and what the resolution stated as the purposes. Within the Master Street Plan is the Master Bike Plan. This was developed by bike commuters and had little input from planners and traffic engineers. Some of the routes proposed just do not work. So as Bike/Ped Coordinator he wrote a grant have planners and engineers develop a plan. The team of Alta Planning & Design and McClelland Engineers was selected to do the report. As part of the study community outreach resulted in over 1600 contacts. The draft before the Commission was developed by the team. Mr. Landosky is here to answer any questions. Mr. Collins, Director of Planning stated this report would be incorporated into the Master Street Plan along with other changes. He talked about adding the ‘trails plan’ and a section of Rock region routes. The purpose is to replace the Master Street Plan with a Transportation Plan. He stated that this will come back before the Commission and Board of Director hopefully this year. Chairman Vogel and Commissioner Brook thanked Mr. Landosky for the hard work. July 14, 2022 ITEM NO.: 10 Name: Short Term Rental Ordinance Location: City of Little Rock Zoning Jurisdiction Request: Establish Ordinance Providing Short Term Rental Land Use Controls Source: City of Little Rock, Planning & Development BACKGROUND: Short Term Rental (STR) describes furnished self-contained apartments and/or homes that are rented for short periods of times (less than 30-days), as opposed to long term rentals in the furnished or unfurnished apartment rental market. STRs are often used as an alternative to hotels and hostels. Popular uses include vacation rentals and relocation, often advertised for lease through international company platforms such as Airbnb and Vrbo.   In February 2020, there were approximately 300 short term rentals in operation within the City’s boundary. However, the City’s zoning ordinance does not have specific land use and life safety standards for STRs. For this reason, staff made an initial administrative ruling for STRs. If the structure was owner occupied with a portion used as an STR, the Special Use Permit process would be used. If the entire unit/structure was used as an STR, then the Planned Zoning District process would be used. In late 2019/early 2020 it was decided the administrative process should be added to the zoning code. For comparison, other municipal regulations and best practices were investigated and examined. To address the land use and life safety issues with STR operations, Staff started the process of drafting an ordinance. A draft ordinance was published on the City’s website early April of 2021 for public comment. At the April 8, 2021 Planning Commission meeting, the City’s Planning Director asked for volunteers from the Planning Commission to form a working group on a draft STR ordinance. This committee provided feedback and guidance in the production of a draft ordinance. The intent was to provide land use and life safety controls for short-term rentals. Three Commissioners agreed to volunteer their time for the effort: Craig Berry, Harold Betton, and Robbin Rahman. This working group met with Staff via virtual meetings, asked questions on the draft ordinance, and gave Staff some general directives. The city coordinated two public meetings to receive comments and to publicize that there was a draft ordinance. Notice was sent to neighborhood associations throughout the city, posted on social media, and shared with the press. The notice included information on where the draft ordinance was housed on the city’s website and gave information on where and when the two public meetings would take place. The initial meeting was held June 2nd at the Josephine July 14, 2022 ITEM NO.: 10 2 Pankey Community Center (13700 Cantrell Road). Twelve (12) individuals came to this meeting to discuss the Ordinance. The initial second public meeting had to be cancelled due to inclement weather. The meeting was rescheduled to Hillcrest Hall (1501 Kavanaugh Boulevard), June 21st. In total, forty-four (44) individuals signed in at the two public meetings. Comments received at both public meetings, through the website, email and via US mail were compiled. Summaries of the comments were provided to the working group. The Commission working group met on June 29th and July 29th to discuss comments received and review possible revisions of the draft ordinance. Comments ranged from opposition to the legalization of Short Term Rentals to questioning the need to enact any regulations on STRs. Several individuals questioned the parking requirements and how the draft defined non-owner occupied STRs. Some suggested if the owner resided in the ‘area’ or ’neighborhood’, the STR should be treated as an owner-occupied STR. Concern was expressed about creating unattended impacts and on using a zone change for STRs. It was expressed that STRs are encouraging investment in some ‘marginal’ neighborhoods and the draft ordinance would be burdensome to this investment. An updated draft ordinance was passed out to the Planning Commission at their August 13th meeting and posted on the City’s webpage on August 16th. At the Commission’s March 2022 hearing, it was decided to have two more public input sessions during April 2022. In addition, the draft would be placed on the May hearing for discussion. A second round of ‘drop-in’ meetings was scheduled for April 11 (Terry Library – 2015 Napa Valley Drive) and April 18 (Capitol View/Stifft Station Resource Center – 2715 West 7th Street). Notices were sent to neighborhood associations and people who had previously contacted the city about the draft ordinance. Staff received a few written comments from these meetings and verbal comments at the meetings. ANALYSIS & DISCUSSION: Several years ago, Staff in the Zoning and Subdivision section of the Planning & Development Department were presented with the question of what do to with a request for what is now called a ‘Short Term Rental’. At that time, the decision was made that if no one continued to live in the dwelling as their primary residence then the use was commercial. The interpretation was that these uses functioned more like a hotel/motel. That is, they were short term housing for visits to the area whether for leisure or work- related endeavors. And if the structure continued to also serve as a primary residence, then the use was more like a ‘Bed and Breakfast’. Moving forward, that is how the city July 14, 2022 ITEM NO.: 10 3 has dealt with STR cases. The first type (non-owner occupied) required the use of the Planned Zoning District process and the later type (owner-occupied) used of the Special Use Permit process. The following is a review of the draft ordinance for STRs: • Section 1: Assures that STRs are taxed the same as hotels and motels for rooms. • Sections 2 and 3: Codifies the treatment of STRs whether the owner(s) lives on site and defines Bed and Breakfast and STR as the same. • Section 4: Adds a new Article to the Zoning Code (Chapter 36 of the Code of Ordinances) for STRs. This Article has multiple sections. The ‘Purpose’ section defines several terms including the two types of STRs—owner occupied, Type 1, and non-owner occupied, Type 2. This section also defines the ‘Responsible Party’ and ‘Administrative Approval’. The ‘Entitlement’ Section gives the requirements for each type of STR and delineates the process of review. It goes on to enumerate the documents need to confirm the STR pre-dates the ordinance. An annual inspection fee is proposed to verify life safety requirements are fulfilled. And the process for review and approval of pre-existing STRs is presented. Section 4 requires certain life safety measures and includes a fee to help defer some of the cost of providing safety checks of the units. This section goes on to address the process of implementation for pre-existing uses. The ‘Responsible Party’ section enumerates the duties and availability (24/7 and response within one hour) of the party. A requirement to post and sharing ‘Responsible Party’ contact information with the occupants, neighbors, and the city. The ‘Development Standards’ section lists activities not permitted as well as signage and parking standards. There is a requirement for a floor plan with safety devises and exit routes noted. This portion of the draft outlines life safety requirements, and occupancy requirements. A requirement for insurance is provided. The ‘Compliance’ section lists tasks that must be completed with the sanctions for non-compliance. The general process for review of complaints is outlined with an appeal process. The intent is to put the current administrative rules for STRs in the zoning code. The draft assures that Bed and Breakfasts are treated the same as STRs. The second major thing is to assure that STRs provide some of the same life safety protections that hotels and motels are expected to provide for overnight visitors. July 14, 2022 ITEM NO.: 10 4 NEIGHBORHOOD NOTIFICATIONS: Notices were sent to all neighborhood groups via email contact. The city also announced that the draft was posted on the city’s website and that public meetings would be held to obtain copies of the draft and/or leave comments. Staff received 40 to 50 comments via email, US mail or drop-off at meetings in the initial round. STAFF RECOMMENDATIONS: Staff recommends approval of the draft Short Term Rental Ordinance. PLANNING COMMISSION ACTION: (MAY 12, 2022) Jamie Collins, Planning Director, reviewed a PowerPoint presentation on Short Term Rentals (STR). This covered some of the issues related to STRs; other Arkansas City’s regulations; comments received from citizens; and highpoints from the draft – PowerPoint in case file). Mr. Collins mentioned issues about enforcement and costs to administer. He indicated that today we want to hear issues and concerns. A draft with changes will be completed for the June 9, Planning Commission meeting. It is hoped to have something for the Board of Directors to look at in July, but no timeline has been set. Chairman Vogel suggested allowing five minutes for each person who had requested to speak. And then he would ask the Commissioners to make any comments on the draft. Pamela Powell was called to speak. Ms. Powell indicated she was President of the University Park Neighborhood. She stated the neighborhood was quiet, where everyone knows everyone. There is a STR in their neighborhood. One day a larger unknown man was seen walking in the neighborhood (turned out was someone staying in the STR). This cause concern in some neighbors. She likes the draft. But suggested the requirement to get approval by immediate neighbors. Antoinette Johnson was called to speak. Ms. Johnson indicated her property was in Hillcrest. They have had an accessory structure as a STR since 2018. In the neighborhood many houses have an accessory dwelling. Must properties have a narrow driveway in this part of town. People relay on street parking. STRs can be positive in historic districts when the owner is close-by. Having a STR can bring in extra money that people can put into their property. Local businesses are supported by tenants of STRs. She is asking for a waiver of the parking pad requirement for owner occupied STRs without alleys. Ms. Johnson suggested that the approval should be to the owner not the property. Mike Orndorff was called to speak. Mr. Orndorff indicated this was a tough issue and affects people and areas differently. He stated he would present his path with STRs. He constructed a ‘tiny’ home 52 feet from his residence as an STR. This is due to the lot July 14, 2022 ITEM NO.: 10 5 limitations. In the neighborhood street parking can be ‘calming’ for traffic and provide a ‘steel barrier’ to protect pedestrians. This structure would be a STR-2 without off street parking and would be closed down (as drafted). Mr. Orndorff noted how STRs allowed for investment in housing units when other options would not work. The STR has allowed others to experience the neighborhood and see its true nature. STR development has help in the revitalization of the Pettaway Neighborhood. He did state that over saturation of STR2 will be negative to neighborhoods. Some regulations may be needed. He discussed some problem houses in the neighborhood and crime areas. The City does have bigger problems than this to address. Casey Huie was called to speak. Mr. Huie stated he is seeing the ‘sausage making’ of our government. Property owners do have rights. He acknowledged the city does need regulations related to doing business and collecting taxes. Everyone wants to ensure health, safety and welfare, but there is also a need for some certainty about process. Mr. Huie discussed issues related to his STR case on Cantrell Road. The STR meetings lead by Mr. Malone were not embracing (did not give a feeling of wanting to work with citizens). There is a need for an ordinance, but this is not ready. He discussed other cases on today’s agenda and how motions are read – calling of votes should be changed. Why not nurture and help the STR community? Mr. Huie questioned the lack of providing answers to questions at the previous meetings. He closed by thanking the Commission for hearing him. Amy Huie was called to speak. Ms. Huie gave some background on herself to start (discussed travels and always glad to be back, but does compare Little Rock to other places, etc). Little Rock always seems to be little bit prejudge against progress. She noted she is part of a group that are all involved with STRs. Ms. Huie stated the draft seems too much a ‘cut and paste’ from other places. The draft does not encourage entrepreneurship and growth in the community. Entrepreneurship feeds others, STRs could help grow other parts of the economy. She discussed the move to ‘work from home’ and how STR can be part of that. The PZD process is too impacted by opinion rather than facts. The draft would leave money on table. This will force STRs to other places with the growth that it will bring. Ms. Huie outlined her experience with the foster child system and that frustration. This process seems to be just as frustrating. The city needs to relook at the ordinance and meet with those who have done STRs and pick their brains. Anglea Mathews was called to speak. Ms. Mathews indicated that Mr. Orndorff did a good presentation. She lives in the Central High Neighborhood and enjoys it. There has been improvement but there is a long way to go. The neighborhoods south of I-630 have issues and need help. Ms. Mathews gave the history of how they got into STRs. Did renovations to the structure next door and used a portion as STR. This helped making the long-term rental more affordable. They are now looking at several 500 to 600 square foot dilapidated housing units nearby. These structures are too small for long-term rentals. STRs do work at this size. We need certainty with the process. The PZD is difficult and not predictable, which is not good to get development. The draft should make July 14, 2022 ITEM NO.: 10 6 STR1 broader maybe up to living within a 5-mile radius. There should be an except to allow STR1 status for condemned or long-term (5-plus years) vacant structures to be developed into STRs. Everyone wants to work together to make Little Rock better. Chairman Vogel asked how we are not drafting an ordinance that does not incentivize the STR investments. Ms. Mathews stated a more certain process is needed. One neighbor could throw a fit and stop the application. The PZD process is complicated, long and expensive. She stated to broaden STR1 and simply that process. STRs should be safe and secure, but a lot of that is self-regulated with the evolution process completed within Airbnb. City is not doing a good job with inspections of long-term rents. Frank Allison came to the podium. Mr. Allison stated that the regulations are appropriate. There are better ways than others to do things. (He used two sites near his property as examples). He indicated more people per room can mean more cars and there are parking problems in the Hillcrest neighborhood. Chairman Vogel called for Commissioner comments. Commissioner Brooks stated the Commission does love the citizens and revenue, but we have to listen to the other side as well. He does want to hear from both sides. Mr. Brooks thanked everyone for your time and comments. Commissioner Haynes stated he supported STRs. He uses them when he travels. There is a self-policies part with STRs. The occupant does want good reviews also. We must look at the future, progress is going to be the key. STRs is where the future is going. They offer options and do have self-policing. Commissioner Vickers stated he was for STRs and uses them. He does consider both the pros and cons. There can be fears but the system does have a self-policing component. STRs can help neighborhoods and small business. Commissioner Hart said there is a part of him that believes if you are living in a home then it is no one’s business who else is in the home. Maybe get government out of it – use HOAs (Home Owner Association) in areas where they exist. Shaun Overton, City Attorney, expressed some need for the City to be involved when there is out of town folks renting living space. Commissioner Hart stated there have been boarders for years and private contracts. A discussion about Property Owner Associations (POA) and rental property requirements followed. Mr. Collins stated he believed in strong private property rights but there is a life health and public safety issue that must be accommodated. The self-policing is not regulating. We must also remember the rights of the adjacent property owners. We must look at both sides and it can be hard. Mr. Collins said he will make the comments received, the presentation and draft available to everyone. Commissioner Hodge said that she heard tonight there was not opposition to regulations. With POA or HOA there would not be uniformity or specificity. There needs to be guidance that benefits both sides. She talked about the City enforcing on homeowners as well (she got a notice to cut her grass). Chairman Vogel thanked everyone for staying positive and staying so late. We can solve any problem if we put our collective efforts together. July 14, 2022 ITEM NO.: 10 7 PLANNING COMMISSION ACTION: (JUNE 9, 2022) Chairman Vogel stated the rest of the meeting will be devoted to the discussion of the Short Term Rental draft ordinance. Jamie Collins, Director of Planning and Development, addressed the Commission. He reminded the Commission that Staff had conducted meetings in the community. Staff has now taken the comments received from the community meetings; via the city website; and from the May Planning Commission meeting and developed some revisions. One is a change for STR1, where the owner could live within 1500 feet rather than on the same property. Mr. Collins stated we want to hear from citizens and Commissioners on the revised draft. Staff will try to address any concerns and follow-up from that point. Chairman Vogel said we would hear from those in the room (5-minutes each) then anyone online who wished to make further comments on the draft. All those in the room indicated they just wished to listen to the discussion. Antoinette Johnson stated she would address the commission. Ms. Johnson is a long time Hillcrest resident and vice president of that organization as well as a current STR host. In Hillcrest there is concerned about losing historic status. The off-street parking requirement might cause loss of the front yard or lead to removal of a structure which could affect character. There was discussion on the parking section of the draft ordinance (page 7). She asked for clarification about the parking requirement. It was agreed that the rooming house/boarding house requirements would be used for STRs. The revised section 5 on parking was read. Ms. Johnson had a question about taxes. Mr. Collins responded that if the provider is collecting the tax, then the host would not pay the room tax. There would be the additional business license and the fee to pay for inspections. Ms. Johnson raised the issue about inspections, how would the city get the staff to do inspections. Mr. Collins stated that is why there is fee in the draft, to help pay for added staff. (Discussion about alternative staffing to accomplish ordinance tasks followed.) Chairman Vogel asked about including in the ordinance the staffing to administer the ordinance. Mr. Collins stated that a zoning ordinance does not include staffing. That is a budgeting issue not a zoning issue. Staffing has already been noted as an issue. (Discussion about staffing and making sure there will be staff to do the work followed.) The Planning Commission could propose something about staffing. Sherri Latimer, City Attorney Office, stated staffing should not be in the ordinance, but the issue should be raised with the Board of Directors. Mr. Vogel stated the Commission needs to be the advocate to get staffing to administer the ordinance, if it is passed. Discussion about earmarking the money in the ordinance to fund the staffing needed to administer the ordinance followed. Commissioner Betton suggested sending a letter from the Commission about the staffing issue. Chairman Vogel asked, do the applications really need to move beyond the Planning Commission, i.e., use the Special Use Permit process for all STRs. There was discussion about how other jurisdictions review STRs. Mr. Collins believes that there needs to be a July 14, 2022 ITEM NO.: 10 8 public review, based on Arkansas Law, for any STR request. Some on the Board of Directors have indicated a desire to see the applications. If the Commission wishes to have all requests at the Commission level that is the way the draft could be worded. Discussion about the difference between Planned Zoning Districts and Special Use Permits followed (one stays with the land the other to the owner). Mr. Collins stated that the Planned Development could have a section the revotes it. Mr. Monte Moore, planning staff, stated there could also be a section that says the approval just goes to the owner. Mr. Vogel stated Planned Zoning District process would add a month or so to the review timeline. (Discussion about the time interval between the Commission and the Board of Directors hearing an item followed.) Commissioner Hodge asked about balancing Homeowners Association/Property Owners Association (POA) rights versus the ordinance. Mr. Collins stated that the POA rules are private. The City cannot enforce them. The POA would use the courts to enforced their rules. The Planning Commission is not bound by the POA rules but may consider them. Commissioner Hodge asked: If there is a rule that says no businesses, the Commission could approve the business request, but the POA could still sue to stop the business based on the POA rules. Mr. Collins stated that was correct. Commissioner Brooks asked if a Short Term Rental had been approved on a property could a future owner still do a residence on the land without coming in and getting a reclassification. Mr. Collins said once the owner sold the land the new owner would have to ask (go through zoning process) to have a STR. Chairman Vogel asked about preventing ‘ten STRs on the same block’. Mr. Collins stated that nothing in the draft would address that. Through the review process it could be considered by Staff and/or the Commission. Mr. Vogel asked if the number of STRs within a ‘radius’ of the application could be given as part of the review. Mr. Collins indicated that could be done. Commissioner Haynes stated he agreed that we should make this easier. The process should be with the Commission. To go to the Board just adds steps to the process. We should be more aggressive and help folks that want to do STRs. STRs are the future, we should take out the red tape. Chairman Vogel stated he agreed. Commissioner Brooks agreed with both Commissioners Vogel and Haynes. He stated reducing the steps is positive. The draft has come a long way and thanked all who have worked on this draft. Commissioner Vickers agreed. We need to do right by the city and not have all the red tape. We should make the process have less steps. Commissioner Hodge agrees about removing red tape. But the purpose seems to be to a line STRs with other businesses. We need to be consistent and treat them like we July 14, 2022 ITEM NO.: 10 9 do other businesses. Ms. Hodge asked if timing has been a problem between the Commission and Board? Mr. Collins stated that staff processes applications to the next meeting with all require paperwork. Most cases are processed in approximately a month. Typically, if it takes longer, it is at the request of the applicant not the city. Chairman Vogel asked that the most current version of the draft ordinance be placed on the website. All Commissioners need to review that draft and provide comments to staff. The goal is to have a vote on the draft at the next meeting. A motion was made to differ the item to the next meeting. By a vote of 10 for, 0 against and 1 vacancy the motion was approved. PLANNING COMMISSION ACTION: (JULY 14, 2022) Walter Malone, Planning Staff presented the changes in the draft since the June meeting. Ms. Pamela Powell, President of the University Park NA, addressed the Commission. Ms. Powell indicated that STR1 and STR2 are differ and should be treated differently. (The current version has the same review process for all STRs). She distributed a picture of an ‘incident’ to the commissioners. (Women sunning in the front yard). Ms. Powell did not think if the STR were an owner-occupied STR they would allow the sunbathing shown in the picture. She discussed the action of a STR application at the May Commission meeting. After seeing that action, she is not encouraged about future actions. The people who live in the neighborhood purchased their homes thinking the area was residential. A non-owner occupied STR is a business not a residence. Ms. Powell talked about the notice methods and how this increases the burdens on neighborhood presidents. The neighborhood should be able to say whether a STR should be approved or not. University Park is a close-knit neighborhood. There is not a lot of coming and going; residents walk in the streets; there are not parking issues or parking of large vehicles. She closed by stating the draft does not have ‘teeth’ (no fines) to address the neighborhoods issues. Ms. Joanne McLendon, President University West NA spoke to the commission. Ms. McLendon described the boundaries of her area. There are 400 homes with about half being rentals. Most problems reported to her are with the renters. These folks do not often follow the ‘norms’ of the neighborhood – parking, etc. She is skeptical about STRs. What are the people living there going to do this weekend? Will they do the right thing? She also spoke about the changes in the way the City notifies for meetings. The City should always ask the Neighborhood Contact if it is appropriate in their area. STRs will impact the homes even more than rentals. She does not want to live next to a STR because you never know who will be there and what they will do. Ms. McLendon hopes the neighborhood will have a strong voice in the process and the Commission will listen to what the neighborhood wants and says. That the neighborhood does have a voice. July 14, 2022 ITEM NO.: 10 10 Chairman Vogel indicated this has been a long process and the commission has a duty to address the issue. A good plan now is better than a perfect plan later. Mr. Vogel would like to add one amendment to the draft in two places with the same language. On page 4, Article 14, section 36.601, sub-section (a) 1. (a) 2 add a (a) – “The annual inspection fee would be waived if the structure is in a historic district and passes inspection adding to the historic district’s contributing structures.” It is important to incentives developers to add to contributing structures in the historic districts. The same language would also be added to Article 14, section 35.601, subsection b (3) – “The annual inspection fee would be waived if the structure is in a historic district and passes inspection adding to the historic district’s contributing structures.” This is a good plan not a prefect plan. It would provide a smoother path for neighborhoods to address the issue in the future. Mr. Vogel hoped the commission was ready to sent the draft on and asked if any other Commissioners had any comments. Commissioner Hart indicated he was ready to send this on to the Board of Directors. The commission could debate the finer points and tweet the draft for the next ten years. Ultimately it is the City Board who needs to decide how we are going to handle this. Unless another commissioner has an issue, he would strongly recommend sending this on to the Board tonight. Mr. Vogel suggested a motion be made with the amendment proposed earlier. Commissioner Betton moved the approval of the item with the proposed amendments. The motion was seconded by two commissioners. By a vote of 10 for, 0 against, 1 vacant the motion was approved. July 14, 2022 ITEM NO.: 11 Presentation on establishment of Central High Local Ordinance Historic District Discussion Item: PLANNING COMMISSION ACTION: (JULY 14, 2022) Commissioner Robby Vogel requested that item 11 would be heard before items 9 and 10. Hannah Ratzlaff, Urban Designer and staff to the Historic District Commission for the City of Little Rock introduced herself to the Commission. Ms. Ratzlaff introduced the initiative proposed by Planning and Development and Historic District Commission to establish a Local Ordinance District (“LOD”) for the Central High Neighborhood Historic District (“Central High District”). The proposal aims to provide a solution for the pervasive loss of historical fabric in the district. Currently, the district is in jeopardy of losing its National Register designation. The loss of national designation would remove the honorary historic status from the area and make all properties within the district, unless independently listed on the National Register of Historic Places, ineligible for state and federal tax credits and grants. Ms. Ratzlaff discussed the significance of access to state and federal historic rehabilitation tax credits and state rehabilitation/restoration grants for owners of historic property in the district. Ms. Ratzlaff discussed what a “Local Ordinance District” means and the role of the Planning Commission in the process to propose a new LOD. The proposed LOD would be consistent with the boundaries of the existing Central High Neighborhood Historic District. The ordinance would provide property owners with a public review process for exterior changes to all structures and any applications to alter, move, demolish, or construct based on design guidelines tailored to the district through the Little Rock Historic District Commission. Minor projects could be reviewed by City staff. The review process would not include interior-only permits, zoning changes, ordinary maintenance, and changes which a building inspector or other City agent certifies as required for public safety. Commissioner Betton asked how property owners were notified of these tax credit and grant opportunites. Ms. Ratzlaff shared that Little Rock has two hardworking preservation advocacy organizations that actively share this information with Little Rock and Arkansas residents as well as provide technical assistance. These are the Quapaw Quarter Association and Preserve Arkansas. Ms. Ratzlaff added that she makes a consistent effort to discuss eligible funding opportunities with property owners in any historic district in Little Rock. Commissioner Betton asked if both neighborhood associations within the Central High District are aware of this proposal. Both the Wright Avenue and Central High associations were notified. Staff anticipates public meetings taking place with both associations to further discuss the proposed ordinance. The Historic District Commission July 14, 2022 ITEM NO.: 11 2 now has a social media presence and intends to utilize this additional avenue to keep residents updated on all preservation initiatives within the city. Commissioner Vogel asked what additional regulations the residents will experience within a Local Ordinance District versus a National Register Historic District. Ms. Ratzlaff explained the applicable regulations and public review process that would be provided with the LOD. Commissioner Brooks asked how code enforcement would handle violations of the design guidelines within the district. Mr. Collins, Director of Planning, stated that staff would notify through code enforcement and the violation would be handled at the staff level or be reviewed at the Historic District Commission level. Violations are both driven by neighborhood complaint and staff identification. Commissioner Brooks asked, if the proposal is adopted, how property owners in the district will be notified of the ordinance. Property owners would be notified by the City through mail, public engagement initiatives, and the HDC’s social media. Commissioner Brooks asked if the code officers within LODs would be trained in the design guidelines for MacArthur Park and the proposed district. Mr. Collins confirmed that City review staff, such as Ms. Ratzlaff, are trained in historic preservation and would be the enforcers. Commissioner Brooks asked if staff mentioned historic districts in the southwest of Little Rock. Ms. Ratzlaff confirmed that Boyle Park and Broadmoor were both National Register Historic Districts and property owners in these districts were eligible for state and federal tax credits and grants. Commissioner Betton made a motion to support the proposal. Commissioner Vickers seconded. The motion passed by a vote of 10 ayes, 0 against, and 1 open position. PLANNING COMMISSION VOTE RECORD DATE: July 14, 2022 4:0013M Minutes Consent Agenda A,B,1,2,3,4,5,6,7,8 RegularAgenda MEMBER 6 9 10 11 BETTON, HAROLD, MD ✓ ✓ ✓ ✓ ✓ BROOKS, DERICK ✓ ✓ ✓ ✓ ✓ HART, TODD ✓ ✓ ✓ ✓ ✓ HAYNES, MARLON D. ✓ ✓ ✓ ✓ ✓ HODGE, KAT ✓ ✓ ✓ ✓ ✓ LATTURE, PAUL ✓ ✓ ✓ ✓ ✓ McDONALD, ALICIA A ✓ ✓ ✓ ✓ THOMAS, DIANA M. ✓ ✓ ✓ ✓ ✓ VICKERS, MICHAEL ✓ ✓ ✓ ✓ ✓ VOGEL, ROBBY ✓ ✓ ✓ ✓ ✓ Open Position MEMBER Note: Item 9 - No vote required Meeting Adjourned 6:15 PM ✓AYE • NAYE A ABSENT Ab ABSTAIN R RECUSE July 14, 2022 There being no further business before the Commission, the meeting was adjourned at 6:15 p.m. Date Chairman Secretary