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HomeMy WebLinkAboutpc_02 09 2023 LITTLE ROCK PLANNING COMMISSION SUMMARY AND MINUTE RECORD FEBRUARY 9, 2023 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present there being eleven (11) members present. II. Members Present: Harold Betton Jimmy Brown Todd Hart Marlon D. Haynes Kat Hodge Paul Latture Alicia McDonald Diana M. Thomas Michael Vickers Robby Vogel Pamela Whitaker Members Absent: None City Attorney: Shawn Overton III. Approval of the Minutes of the January 12, 2023 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION AGENDA FEBRUARY 9, 2023 OLD BUSINESS: Item Number: File Number: Title: A. Z-5502-J West Kanis Storage – Revised PD-C West of 17301 Kanis Road B. Z-9739 Love Family Care Facility – Special Use Permit 5918 Drexel Avenue C. Z-9747 York Accessory Dwelling – Conditional Use Permit 319 S. Valmar Street D. Z-9746 Rivera Event Center – Conditional Use Permit 7521 Geyer Springs Road E. Z-9535-A Ranch Creek Townhomes – PD-R West side of Tulley Cove, North of 16,100 Cantrell Road NEW BUSINESS: Item Number: File Number: Title: 1. S-1914-A Lot 1, O. Jack Hartsell III, Inc. Subdivision – Replat 7100 Beck Road 2. Z-9751 Masterminds Real Estate, LLC Duplex – Conditional Use Permit 1914 Dennison Street 3. Z-9755 HCS, Inc. Duplexes – Conditional Use Permit Northwest corner of West 46th Street and Foster Street 4. Z-7500-I Hamilton Station – POD North of 14800 Cantrell Road Agenda, Page Two NEW BUSINESS: (Continued) Item Number: File Number: Title: 5. Z-4156-C GSBC – Hair Salon – PDC 5901 West 57th Street 6. Z-5817-L Cantrell West Retail Center – PCD 15122 Cantrell Road 7. Appeal of Lots 33R and 34R, Grandview Addition – Lot Recombination 5120 / 5200 Grandview Street February 9, 2023 ITEM NO.: A FILE NO.: Z-5502-J NAME: West Kanis Storage – Revised PD-C LOCATION: 17301 Kanis Road DEVELOPER: Tisdale Properties & Development 43 Chenal Circle Little Rock, AR 72223 OWNER/AUTHORIZED AGENT: Olan Asbury (Agent) P.O. Box 241087 Little Rock, AR 72223 SURVEYOR/ENGINEER: White-Daters Engineers 24 Rahling Circle, Little Rock, AR 72223 AREA: 13.54 NUMBER OF LOTS: 2 FT. NEW STREET: 0 LF WARD: N/A PLANNING DISTRICT: 18 CENSUS TRACT: 42.25 CURRENT ZONING: PD-C (Planned Development – Commercial) VARIANCE/WAIVERS: None requested. BACKGROUND: On November 8, 2021 the Planning Commission approved zoning the property from R-2 to PD-C including a waiver for the required ½ street improvements to Kanis Road. The Board of Directors approved the PD-C request on January 18, 2022. The previously approved PD-C development included 11 mini-warehouse buildings and an office building with associated parking and access from Kanis Road. February 9, 2023 ITEM NO.: A (Cont.) FILE NO.: Z-5502-J 2 A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes to revise the PD-C for the property located at 17301 Kanis Road to allow the development of an additional 8.26 acres to the west to include seven (7) additional mini-warehouse buildings and additions to two (2) of the previously approved mini-warehouse buildings. B. EXISTING CONDITIONS: The site is vacant and cleared of structures and trees. A single driveway along the northeast edge of the property provides access from Kanis Road. A centrally located pond covers a good portion of the eastern section of the site from north to south and drains into a creek running southeast serving as a tributary to Rock Creek. The creek runs North to south parallel to the pond dividing the western portion of the site. Properties to the north and east of the development includes commercial, and office use zoned uses and properties to the south and west include residential uses. The property to the north directly across Kanis Road owned by Entergy, zoned R-2 and O-2 and includes electrical transmission lines traversing in a north/south direction. 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 finished floor elevations (FFE) for all buildings on site plan and grading and drainage plans. 2. Show all flood plain boundaries and flood zones on site plan and grading and drainage plans. 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. February 9, 2023 ITEM NO.: A (Cont.) FILE NO.: Z-5502-J 3 4. 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. 5. 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. 6. 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. 7. 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. 8. A drainage study showing all hydrologic and hydraulic calculations for the proposed storm sewer pipe system, detention ponds and structures, and inlets is required. 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). 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. Per City Rev. Code 29-99, stormwater detention for developments is required. Provide stormwater detention infrastructure to satisfy this requirement. 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 February 9, 2023 ITEM NO.: A (Cont.) FILE NO.: Z-5502-J 4 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. A Special Flood Hazard Development Permit (SFHA) is required to be obtained to prior to beginning construction. Contact Pulaski County Planning and Development Department’s floodplain administrator at 501-340-8265 (3200 Brown Street Little Rock, AR 72204) to obtain a SFHA permit. 13. Due to the proposed structures being located within the 100-year floodplain, an elevation certificate of the finished floor elevation for each structure must be provided to the Pulaski County Planning & Development Department’s floodplain administrator prior to the issuance of a certificate of occupancy. Contact Pulaski County Planning and Development Department’s floodplain administrator at 501-340-8265 (3200 Brown Street Little Rock, AR 72204). 14. Development or fill within the floodway is prohibited. Contact Pulaski County Planning and Development Department’s floodplain administrator at 501-340-8265 (3200 Brown Street Little Rock, AR 72204) to verify compliance with Pulaski County’s flood hazard damage prevention and control ordinances and codes. Dedication of additional right of way per City’s master street plan for a minor arterial will be required for future boundary street improvements. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: Submit plans and specifications for proposed sewer infrastructure to LRWRA for review and approval. Entergy: No comments received. Summit Utilities: No comments. AT & T: No comments received. Central Arkansas Water: 1. All Central Arkansas Water requirements in effect at the time of request for water service must be met. 2. Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. February 9, 2023 ITEM NO.: A (Cont.) FILE NO.: Z-5502-J 5 3. Plan revisions may be required after additional review. 4. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. 5. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. 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. February 9, 2023 ITEM NO.: A (Cont.) FILE NO.: Z-5502-J 6 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. 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 February 9, 2023 ITEM NO.: A (Cont.) FILE NO.: Z-5502-J 7 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 comments received. County Planning: 1. Obtain Driveway permit form Pulaski County Public Works for new driveway off Kanis Road. 2. Provide AHD septic permit for wastewater system. 3. Obtain West Pulaski Volunteer Fire Department Approval. 4. Provide CAW approval for water service. 5. Submit a copy of the SWPPP for this project. 6. Obtain flood permit for buildings/fill inside the 100 year floodplain. 7. Verify development does not violate any existing covenants/restrictions listed in the Independence Farms Subdivision Bill of Assurance. 8. Show State Plane Coordinates for two section or quarter section corners. 9. Verify Flood panel information Zone shows to be AE Zone not AH. 10. Show certificates of owner, surveying accuracy and engineering accuracy. 11. Include owner's name and address on certificate. 12. Any city required half street improvements to Kanis Road will need to be reviewed and approved by the County Public Works Department prior to construction. 13. Show property owners for abutting property. 14. Show existing property zoning. 15. Provide storm drainage plan. 16. Pay $33.00 review fee. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. February 9, 2023 ITEM NO.: A (Cont.) FILE NO.: Z-5502-J 8 Landscape: 1. Any new site development must comply with the City’s minimal landscape and buffer ordinance requirements. 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 the south, east, and west are 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. More than 70% of the of the existing south and west buffers are showing to be disturbed. 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. 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. Planning Division: The request is in the Ellis Mountain Planning District. The Land Use Plan shows Suburban Office (SO) and Park/Open Space (PK/OS) for the requested area. 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. The Park/Open Space February 9, 2023 ITEM NO.: A (Cont.) FILE NO.: Z-5502-J 9 (PK/OS) category includes all public parks, recreation facilities, greenbelts, flood plains, and other designated open space and recreational land. The request is to amend and expand an existing Planned Commercial Development (PCD) District (self-storage) to allow expansion into an area zoned R-2, Single Family District. Surrounding the application area, the Land Use Plan shows Suburban Office (SO) to the west. Mixed Office Commercial (MOC) is shown on the Plan map to the east. Across Kanis Road to the north the Plan map shows Commercial (C) then Park/Open Space (PK/OS) then Office (O) use (from east to west). To the south is Residential Low Density (RL). 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. Immediately to the west is land zoned R-2, Single Family with houses then C-3. Then beyond that is General Commercial District land with an auto repair business, house, and vacant land. The Mixed Office Commercial (MOC) category provides for a mixture of office and commercial uses to occur. Acceptable uses are office or mixed office and commercial. A Planned Zoning District is required if the use is mixed office and commercial. Beyond the R-2 zoned land owned by Entergy (transmission line), is land zoned Planned Commercial Development (PCD) District with a Costco. The Commercial (C) category provides for 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 land across Kanis Road is zoned O-2, Office and Institutional District, and Planned Office Development (POD) District. There are some houses that have been converted into businesses, such as a pet care facility and a halfway house. 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 land to the south is large-tract single-family houses zoned R-2, Single Family District. Master Street Plan: To the north is Kanis Road, It is 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 Kanis 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 are no bike routes shown in the immediate vicinity. February 9, 2023 ITEM NO.: A (Cont.) FILE NO.: Z-5502-J 10 Historic Preservation Plan: There are no existing historic sites on, or in proximity to, this land. H. ANNALYSIS: The applicant proposes to revise the PD-C for the property located at 17301 Kanis Road to allow the development of an additional 8.26 acres to the west to include seven (7) additional mini-warehouse buildings and additions to two (2) of the previously approved mini-warehouse buildings. The site is vacant and cleared of structures and trees. A single driveway along the northeast edge of the property provides access from Kanis Road. A centrally located pond covers a good portion of the eastern section of the site from north to south and drains into a creek running southeast serving as a tributary to Rock Creek. The creek runs North to south parallel to the pond dividing the western portion of the site. Properties to the north and east of the development includes commercial, and office use zoned uses and properties to the south and west include residential uses. The property to the north directly across Kanis Road owned by Entergy, zoned R-2 and O-2 and includes electrical transmission lines traversing in a north/south direction. The applicant proposes to extend the eastern portion of the proposed development west to 25 feet of the border the Rock Creek floodway to include approximately 0.28 acres for two (2) additional mini-warehouse structures and additions to two (2) of the previously approved structures. with a fenced enclosure. The site plan shows the development extending west across the Rock Creek floodway to include an additional 8.26 acres to include five (5) mini-warehouse structures and an access drive connecting to Kanis Road to the north. The site plan shows that the applicant proposes that the creek will be rerouted to drain into the floodway. Stormwater detention ponds are shown to be located in the southeast and southwest edges of the property to collect additional run-off from the site. All development is proposed to the located at least 25 feet from the edge of the existing floodway area. The applicant proposes that the overall development will contain eighteen (18) mini-warehouse storage structures and an office structure with an on-site manager’s residence. The site plan shows a fenced enclosure around the eastern portion of the development extending south from a twenty-four (24) hour access gate around the structures and bordering the Rock Creek floodway. The applicant notes there are five (5) parking spaces. Section 36-502(3)(c) of the City’s Zoning Ordinance would typically require three (3) parking spaces for office use. Staff believes the parking is sufficient to serve the proposed building. February 9, 2023 ITEM NO.: A (Cont.) FILE NO.: Z-5502-J 11 Applicant notes trash collection will be accomplished with a residential style container for the office/apartment. There will be no dumpster located at the site. Any new dumpsters must be screened as per Section 36-523 (d) of the City’s Zoning Ordinance. Applicant notes all sight lighting will be low-level and directed away from adjacent properties. A monument sign is proposed along West Kanis Road near the office and on the outside wall of the office/apartment. All signs in commercial zones must conform to Section 36-555 of the City’s Zoning Ordinance. 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 not supportive of the requested revised (PD-C) Planned Development – Commercial zoning. Staff does not view the request as reasonable. Although there are other mini-warehouse related uses in this immediate area, staff feels that the applicant’s proposed expansion of this development will proliferate this type of use and have an adverse impact on the area. The proposed development is similar other commercial properties located within the relatively small commercial area along the Kanis Road corridor between the Chenal Parkway intersection (east) and the Rahling Road intersection (west), two (2) of these properties currently have existing mini-warehouse type uses, with additional properties containing mini-warehouse type developments to the north and south of Chenal Parkway. Staff believes that there are enough self-storage uses within this small commercial area. The proposed use will only add to the proliferation of existing mini warehouse uses. Staff believes that the previously approved PD-C for the property will better serve the small area of use. I. STAFF RECOMMENDATION: Staff recommends denial of the requested revised PD-C zoning. PLANNING COMMISSION ACTION: (FEBRUARY 9, 2023) Staff informed the Commission that the applicant requested the application be withdrawn, without prejudice. Staff supported the withdrawal request. The item was placed on the Consent Agenda for withdrawal, without prejudice. The vote was 10 ayes, 0 nays and 1 absent. The application was withdrawn, without prejudice. February 9, 2023 ITEM NO.: B FILE NO.: Z-9739 NAME: Love Family Care Facility – Special Use Permit LOCATION: 5918 Drexel Avenue DEVELOPER: Veronica Love 5918 Drexel Avenue Little Rock, AR 72209 OWNER/AUTHORIZED AGENT: Veronica Love – Owner AREA: 0.28 acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 2 PLANNING DISTRICT: 14 CENSUS TRACT: 41.08 CURRENT ZONING: R-2 VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: A Special Use Permit is requested to allow a home healthcare facility to be operated in a single-family residence located at an R-2 zoned property. B. EXISTING CONDITIONS: The property contains a 1,416 square foot, one-story brick structure at the corner of Drexel Avenue and Geyer Springs Road. The residence has a rear yard which is fenced, and a drainage easement running along the backside of the property. 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. February 9, 2023 ITEM NO.: B (Cont.) FILE NO.: Z-9739 2 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 Utility: No comments. 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: No comments. Parks and Recreation: No comments received. County Planning: No comments. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. Landscape: No comments. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. Planning Division: No comments. H. ANALYSIS: The applicant is requesting a Special Use Permit to allow a home healthcare facility to be operated in a single-family residence located at an R-2 zoned property located at 5918 Drexel Avenue. The property contains a 1,416 square foot, one-story brick structure at the corner of Drexel Avenue and Geyer Springs Road. The residence has a rear yard which is fenced, and a drainage easement running along the backside of the property. February 9, 2023 ITEM NO.: B (Cont.) FILE NO.: Z-9739 3 The proposed home healthcare facility will have a maximum of six (6) clients at any given time. The applicant proposes to have a caregiver onsite 24 hours per day, 7 days per week. The level of care needed per each resident will determine how many schedules (units) or hours of care will take place at the residence. There will also be an administrator and or registered nurse on call. Their staffing will be administered by Home Health Care of Arkansas, who has over 35 caregivers employed in the area. According to the applicant, there will always be a caregiver onsite. Some employees will be responsible for cleaning, cooking, and laundry duties, while other will be assigned to do direct personal care for the clients. The residence has three bedrooms and two full bathrooms for use by the clients. The applicant states that each room will house two people and is spacious enough for two twin beds and all their belongings. Including the garage, there are six available parking spaces. Additionally, the applicant states the rear yard could be paved and used for parking if needed. No signage beyond that allowed in single family zones will be permitted. Section 36-3 of the City’s Zoning Ordinance defines a Family Care Facility as a facility which provides resident services in a family-like environment to six (6) or fewer individuals and not more than two (2) staff personnel. These individuals require a minimal level of supervision and are provided service and supervision in accordance with their individual needs. According to Section 36-54(e)(2), the site and location criteria for Family Care Facility are as follows: a. This use may be located only in a single-family dwelling. b. Medical or counseling needs must be provided off-site. c. No physical changes in the residence are permitted which would provide other than sleeping accommodations. d. Drives and parking shall not exceed that required by ordinance for a single- family residence. e. The number and spacing of existing similar facilities in the neighborhood. f. Existing zoning and land use patterns. g. Area-wide availability of facilities providing like services. h. Provision for readily accessible public or quasi-public transportation. i. The fire marshal must approve use of the residence for the proposed family care facility. February 9, 2023 ITEM NO.: B (Cont.) FILE NO.: Z-9739 4 Section 36-54 (e)(4) a. states the following: Separation, spacing and procedural requirements for family care facilities, group care facilities, group homes, parolee or probationer housing facilities and rooming, lodging and boarding facilities will be determined by the planning commission so as not to adversely impact the surrounding properties and neighborhood. Unless the commission determines that a different area is more appropriate, a neighborhood shall be defined as an area incorporating all properties lying within one thousand five hundred (1,500) feet of the site for which the permit is requested. Staff feels that the proposed family care facility is too intense for the residential setting and will have an adverse impact on the general area. To staff’s knowledge, there are no similar types of family care facilities / living facilities within 1,500 feet of the subject property. I. STAFF RECOMMENDATION: Staff recommends denial of the Special Use Permit to allow a family care family home at 5918 Drexel Avenue. PLANNING COMMISSION ACTION: (DECEMBER 8, 2022) The applicant was not present. There were no persons present registered in opposition. Staff informed the Commission that the applicant failed to send the required notices to surrounding property owners as required. Therefore, staff recommended the application be deferred to the January 12, 2023 agenda. There was no further discussion. The item remained on the consent agenda and was deferred as recommended by staff. The vote was 7 ayes, 0 nays, 3 absent and 1 open position. PLANNING COMMISSION ACTION: (JANUARY 12, 2023) The applicant was not present. There were no persons present registered in opposition. Staff informed the Commission that the applicant failed to send the required notices to surrounding property owners as required. Therefore, staff recommended the application be deferred to the February 9, 2023 agenda. There was no further discussion. The item remained on the consent agenda and was deferred as recommended by staff. The vote was 10 ayes, 0 nays, 0 absent and 1 open position. February 9, 2023 ITEM NO.: B (Cont.) FILE NO.: Z-9739 5 PLANNING COMMISSION ACTION: (FEBRUARY 9, 2023) Staff informed the Commission that the applicant requested the application be withdrawn. Staff supported the withdrawal request. The item was placed on the Consent Agenda for withdrawal. The vote was 10 ayes, 0 nays and 1 absent. The application was withdrawn. February 9, 2023 ITEM NO.: C FILE NO.: Z-9747 NAME: York Accessory Dwelling – Conditional Use Permit LOCATION: 319 Valmar Street DEVELOPER: Erica York (Owner) 319 Valmar Street Little Rock, AR 72205 OWNER/AUTHORIZED AGENT: Erica York (Owner) 319 Valmar Street Little Rock, AR 72205 AREA: 0.13 acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 3 PLANNING DISTRICT: 9 CENSUS TRACT: 48 CURRENT ZONING: R-3 VARIANCE/WAIVERS: 1. Variance to allow the accessory dwelling to exceed the maximum thirty (30) percent rear yard coverage. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is requesting a conditional use permit to allow an accessory dwelling on the R-3 zoned property located at 319 Valmar Street. B. EXISTING CONDITIONS: The property is occupied by a one-story brick and frame residence. The residence is approximately 1,336 square feet in area. A driveway provides access from Valmar Street and extends the length of the residence along the north property line. A one-story frame garage structure was recently removed from the rear yard area. February 9, 2023 ITEM NO.: C (Cont.) FILE NO.: Z-9747 2 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: 1. We have a sewer line in the rear of the property and no easement is shown. Entergy: No comments received. Summit Utility: No comments. AT & T: No comments received. Central Arkansas Water: No Objections. 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. 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 received. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. February 9, 2023 ITEM NO.: C (Cont.) FILE NO.: Z-9747 3 Landscape: No comments. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. Planning Division: No comments. H. ANALYSIS: The applicant is requesting a conditional use permit to allow an accessory dwelling on the R-3 zoned property located at 319 Valmar Street. The property is occupied by a one-story brick and frame residence. The residence is approximately 1,336 square feet in area. A driveway provides access from Valmar Street and extends the length of the residence along the north property line. A one-story frame garage and shed structure no longer exists in the rear yard area. The applicant notes the principal structure will be leased for a minimum of one (1) year, most likely to a UAMS hospital resident/fellow in town for training. The property owner will occupy the accessory dwelling as their main residence. The applicant proposes to construct a two-story accessory dwelling in the within the rear yard area. The accessory dwelling will be 26.33 feet by 28.33 feet (746 square feet) in area with a 2-car garage on the lower level. The dwelling will also contain two (2) bedrooms and one (1) bath on the second level. The proposed accessory dwelling structure will be located from 6.00 feet to 7.12 feet from the side (north) property line, 11 feet from the rear (east) property line and range from 8.14 feet to 9.20 feet from the south property line. The site plan indicates the accessory dwelling will be 30.55 feet from the principal structure which provides ample maneuvering room between the principal dwelling and the accessory dwelling utilizing the access drive from Valmar Street. The applicant is requesting one (1) variance with the proposed conditional use permit. Section 36-156(2)(c) of the City’s Zoning Ordinance requires that accessory dwellings in the R-1 through R4-A districts not occupy more than thirty (30) percent of the required rear yard area (rear 25 feet of the lot). The proposed accessory building will occupy thirty-five (35) percent of the required rear yard. Staff considers this variance to be minor in nature. Staff supports the variance request. Staff is supportive of the requested conditional use permit and minor variance request to allow construction of an accessory dwelling on the site. Staff views the request as reasonable. The general area contains a mixture of residential types and zoning, including rental properties. R-4 and PRD zoned properties are located in the general neighborhood area, which contain multi-unit rental properties. The February 9, 2023 ITEM NO.: C (Cont.) FILE NO.: Z-9747 4 proposed accessory dwelling will not be out of character with the surrounding properties and should have no adverse impact on the neighborhood. I. STAFF RECOMMENDATION: Staff recommends approval of the requested Conditional Use Permit subject to the comments and conditions noted in paragraph E, and the staff analysis, of the agenda staff report. PLANNING COMMISSION ACTION: (JANUARY 12, 2023) The applicant was present. There were no persons present registered in opposition in attendance. Staff informed the Commission that the applicant submitted a letter to staff on December 29, 2022, requesting this application be deferred to the February 9, 2023 Planning Commission Agenda. Staff supported the deferral request. There was no further discussion. The item remained on the consent agenda and was deferred as recommended by staff. The vote was 10 ayes, 0 nays, 0 absent and 1 open position. PLANNING COMMISSION ACTION: (FEBRUARY 9, 2023) The applicant was present. There were no persons present registered in opposition. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation” above. There was no further discussion. The item remained on the consent agenda for approval as recommended by staff, including all staff comments and conditions. The vote was 10 ayes, 0 nays and 1 absent. February 9, 2023 ITEM NO.: D FILE NO.: Z-9746 NAME: Rivera Event Center – Conditional Use Permit LOCATION: 7521 Geyer Springs Road DEVELOPER: Jesus Rivera 7521 Geyer Springs Road Little Rock, AR 72209 (501) 859-5264 OWNER/AUTHORIZED AGENT: Jesus Rivera 7521 Geyer Springs Road Little Rock, AR 72209 (501) 859-5264 SURVEYOR/ENGINEER: Joe White / Joe White and Associates 25 Rahling Circle, Suite A-2 Little Rock, AR 72203 (501) 214-9141 AREA: 1.19 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 2 PLANNING DISTRICT: 13 CENSUS TRACT: 20.02 CURRENT ZONING: C-3 VARIANCE/WAIVERS: No variances requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is requesting a Conditional Use Permit to allow the use of an existing single-story C-3 zoned commercial building for an event center. February 9, 2023 ITEM NO.: D (Cont.) FILE NO.: Z-9746 2 B. EXISTING CONDITIONS: The property is currently developed containing a 7,850 square foot commercial building, paved parking lot for up to (91) vehicles, and two (2) access drives connecting to Geyer Springs Road along the west perimeter of the property. 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: Existing building and site shall comply with accessibility requirements per AR Fire Prevention Code 3411.4.2 which includes: one accessible building entrance, one accessible route from the accessible building entrance to the accessible parking aisles and stalls and providing required number of accessible parking stalls and aisles. These requirements are to be provided to the maximum extent technically feasible on site. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: No comments. Entergy: No comments received. Summit 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. February 9, 2023 ITEM NO.: D (Cont.) FILE NO.: Z-9746 3 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. 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 received. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. Landscape: No Comments. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. Planning Division: No comments. H. ANALYSIS: The applicant is requesting a Conditional Use Permit to allow the use of an existing single-story C-3 zoned commercial building for an event center. February 9, 2023 ITEM NO.: D (Cont.) FILE NO.: Z-9746 4 The property is currently developed containing a 7,850 square foot commercial building, paved parking lot for up to (91) vehicles, and two (2) access drives connecting to Geyer Springs Road along the west perimeter of the property. The site plan shows an existing parking configuration including ninety-one (91) spaces which exceeds the required minimum. Staff believes the current number of parking spaces will be sufficient to serve the proposed uses. The applicant proposes to host events such as wedding receptions, baptisms, birthday parties, Quincereas, and graduation parties with hours of operation between 12:00 p.m. and 12:00 a.m. Fridays through Sundays. The applicant notes that the building is currently finished out with an estimated maximum occupancy of 500 which will be regulated by the fire code and that “booking operations” will be held in the space Monday through Thursday. The applicant notes that the renter (host) of the event will be responsible for service of food or beverages served at the events and that no alcoholic beverages or food service will be provided at the events by the owner of the building. The proposed site plan shows a proposed screened dumpster located at the southeast corner of the developed lot. The dumpster must be screened as per Section 36-523 of the City’s Zoning Ordinance. All new site lighting is low level and directed away from adjacent properties per ordinance requirements. The site plan shows existing signage between the existing Geyer Springs Road access drives. All new signage on the property must comply with Section 36-555 of the zoning ordinance (signs permitted in Commercial zones). The applicant provided responses and additional information to all issues raised during staff’s review of the application. The applicant requested no variances with the proposed Conditional Use Permit. Staff is supportive of the requested Conditional Use Permit to allow the development of an event venue in the existing commercial building. Staff views the request as reasonable. The property is in an area surrounded by similar uses and zoning, with similar commercial developments adjacent to the property to the north, west, and south long Geyer Springs Road. Staff believes the proposed use will have no adverse impact on the surrounding properties. I. STAFF RECOMMENDATION: Staff recommends approval of the requested Conditional Use Permit to allow the proposed event center use, subject to compliance with the comments and February 9, 2023 ITEM NO.: D (Cont.) FILE NO.: Z-9746 5 conditions outlined in paragraph E, and the staff analysis, of the agenda staff report. PLANNING COMMISSION ACTION: (JANUARY 12, 2023) The applicant was not present. There were no persons present registered in opposition. Staff informed the Commission that the applicant failed to send the required notices to surrounding property owners as required. Therefore, staff recommended the application be deferred to the February 9, 2023 agenda. There was no further discussion. The item remained on the consent agenda and was deferred as recommended by staff. The vote was 10 ayes, 0 nays, 0 absent and 1 open position. PLANNING COMMISSION ACTION: (FEBRUARY 9, 2023) The applicant was present. There were no persons present registered in opposition. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation” above. There was no further discussion. The item remained on the consent agenda for approval as recommended by staff, including all staff comments and conditions. The vote was 10 ayes, 0 nays and 1 absent. February 9, 2023 ITEM NO.: E FILE NO.: Z-9535-A NAME: Ranch Creek Townhomes – PD-R LOCATION: West side of Tulley Cove, North of 16100 Cantrell Road DEVELOPER: Newcap Land Holdings, LLC PO Box 241667 Little Rock, AR 72223 OWNER / AUTHORIZED AGENT: TLC, LLC – Owner Joe White & Associates – Agent SURVEYOR / ENGINEER: Joe White & Associates 25 Rahling Circle, Suite A-2 Little Rock, AR 72223 AREA: 1.9 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 4 PLANNING DISTRICT: 1 CENSUS TRACT: 42.05 CURRENT ZONING: R-2 VARIANCE / WAIVERS: None requested. A. PROPOSAL / REQUEST / APPLICANT’S STATEMENT: The applicant proposes to rezone 1.9 acres from “R-2” Single Family District to Planned Development – Residential (PD-R) to allow the construction of three (3) multi-family buildings, with fifteen (15) units in the development. B. EXISTING CONDITIONS: The site is currently undeveloped and wooded. The property contains varying degrees of slope. February 9, 2023 ITEM NO.: E (Cont.) FILE NO.: Z-9535-A 2 C. NEIGHBORHOOD COMMENTS: 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 finished floor elevations (FFE) for all buildings on plat, site plan, and grading and drainage plans at least one foot above base flood elevation or more per flood insurance study and FEMA FIRM panel. 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 Vince Floriani in Public Works at 501-371-4823 or VFloriani@littlerock.gov to schedule an appointment for issuance or to answer any questions. 3. Due to the proposed structure being located within the 100 year floodplain, an elevation certificate of the finished floor elevation must be provided to the Public Works Department at 701 West Markham Street prior to the issuance of a certificate of occupancy. Contact Vince Floriani in Public Works at 501-371-4823 or VFloriani@littlerock.gov to schedule an appointment for issuance or to answer any questions. 4. Per City Code, 13-57, variances for development in the regulatory floodway are prohibited unless (1) All requirements of 44 CFR 65.12 are first met or (2) (a) A no rise certificate signed and sealed by a professional engineer licensed to practice in the State of Arkansas is submitted to document that no increase in base flood elevation would result from granting a variance for the proposed development (b) protective measures are employed to minimize damages during flooding events and (c) the variance does not result in adverse impact to other lands. 5. In accordance with Section 31-176, floodway areas must be shown as floodway easements or be dedicated to the public. In addition, a 25-foot-wide drainage and access easement is required adjacent to the floodway boundary. 6. Alteration of the water course will require approval from the Little Rock District of the US Army Corps of Engineers prior to start of work. 7. The proposed alteration of the floodway will require flood map revisions. Obtain a conditional letter of map revision and no rise certification approval from Little Rock Public Works Department’s floodplain administrator and the February 9, 2023 ITEM NO.: E (Cont.) FILE NO.: Z-9535-A 3 Federal Emergency Management Agency prior to issuance of a grading permit and/or a building permit. An approved letter of map revision must be obtained prior to issuance of a certificate of occupancy. 8. Per City Code 29-186 (c), a grading permit is required for land alteration on properties within the designated floodplain without exception. 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., Engineering Division 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. 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. 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. 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. 11. A drainage study showing all hydrologic and hydraulic calculations for the proposed storm sewer pipe system, detention ponds and structures, and inlets is required. 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). 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. 12. Per City Rev. Code 29-99, stormwater detention for developments is required. Provide stormwater detention infrastructure to satisfy this requirement. 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. February 9, 2023 ITEM NO.: E (Cont.) FILE NO.: Z-9535-A 4 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. 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). E. UTILITIES / FIRE DEPARMENT / PARKS / COUNTY PLANNING: Little Rock Water Reclamation Authority: No comments. Entergy: No comments received. Summit Energy: No comments. AT&T: No comments received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Please submit plans for water facilities to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities. Approval of plans by Central Arkansas Water, the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. 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. February 9, 2023 ITEM NO.: E (Cont.) FILE NO.: Z-9535-A 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. 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. 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. February 9, 2023 ITEM NO.: E (Cont.) FILE NO.: Z-9535-A 6 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. 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 February 9, 2023 ITEM NO.: E (Cont.) FILE NO.: Z-9535-A 7 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. 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. 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. Planning Division: The request is in the River Mountain Planning District. The Land Use Plan shows Residential Low Density (RL) for the requested area. The Residential Low-Density 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 remains less than 6 units per acre. The application is to rezone from Single Family District (R-2) to Planned Development - Residential (PD-R) for the development of townhomes. This site is in the Highway 10 Design Overlay District. Surrounding the application area, the Land Use Plan shows RL to the north and east. North is the developed single-family Terra Bella subdivision, to the east is the developed single-family Thomas Park subdivision, both zoned R-2. To the south of the application area is Taylor Loop Creek shown as Park/Open Space on February 9, 2023 ITEM NO.: E (Cont.) FILE NO.: Z-9535-A 8 the Plan Map. South of Taylor Loop Creek, the Land Use Plan shows Transition (T). Transition is a land use plan designation that provides for an orderly transition between residential uses and other more intense uses. The Park Open Space category includes all public parks, recreation facilities, greenbelts, flood plains, and other designated open space and recreational land. This land is the floodway of Taylor Loop Creek. Transition was established to deal with areas which contain zoned residential uses and nonconforming nonresidential uses. A Planned Zoning District is required unless the application conforms to the Design Overlay standards. Uses that may be considered are low-density multi-family residential and office uses if the proposals are compatible with quality of life in nearby residential areas. Southeast are two offices developed as Planned Development- Office (PD-O), for single office use or building. Master Street Plan: To the south is Cantrell Road and is shown as a Principal Arterial on the Master Street Plan. Principal Arterial roads are designed to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Since these roads are designed for through traffic and are generally located three or more miles apart, dedication of additional right-of-way is required to allow for future expansion to six through lanes plus left and right turn lanes. Right-of-way of 110 feet is required but may vary due to topography, floodway or other constraints eliminating or reducing future adjacent development. Sidewalks are required on both sides. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: Cantrell Road is shown as a Class I Bike Path. Class I Bike Paths are designated for the sole use of bicycles that is physically separated from vehicular lanes. Historic Preservation Plan: There are no existing historic sites on, or in proximity to, this land. H. ANALYSIS: The applicant proposes to rezone the 1.9 acre property located at the west side of Tulley Cove, north of 16100 Cantrell Road from "R-2" Single Family District to "PD-R" Planned Development - Residential District. The property is part of the Taylor Loop Creek Addition (Lot 2 – unrecorded), which is currently undeveloped and wooded. Most of the property resides in the 100-year floodplain, with the floodway running along the south end of the development. The applicant proposes to construct three (3) three-story structures on the property with a total of 15 single family residential units available for use. One of the buildings will house five (5) of the units, while the other two will have four (4) and February 9, 2023 ITEM NO.: E (Cont.) FILE NO.: Z-9535-A 9 six (6) units, respectively. Each of the units will be individually owned, and the trash service for the property will be handled by waste and recycling containers at each unit. A development of this type calls for twenty-two (22) parking spaces; Ranch Creek Townhomes will have thirty-seven (37) parking spaces, with thirty (30) spaces shown in the fifteen (15) garages at each unit. Seven (7) spaces at the site will be reserved for guests (two of these will be handicap spaces). The proposed buildings will have a minimum front setback, per Highway 10 overlay standards, at one hundred (100) feet. The rear setback, also per Highway 10 overlay standards, will be forty (40) feet. The side setbacks will be thirty-five (35) feet. In addition to the development, the developer will construct a bridge to cross Taylor Loop Creek, similar to the bridge upstream serving Tulley Cove. 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 no variances with the proposed PD-R rezoning. Staff is supportive of the requested PD-R zoning to allow the 15-unit residential development. Staff views the request as reasonable. The property is in an area of mixed uses and zoning. The proposed development should prove to be compatible with the surrounding uses and zoning. Staff believes the proposed PD-R zoning will have no adverse impact on the general area and should prove to be a good transition use between the more intense uses along Cantrell Road and the single family uses to the north. I. STAFF RECOMMENDATION: Staff recommends approval of the requested PD-R zoning, subject to 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: (JANUARY 12, 2023) The applicant was present. There were no persons present registered in opposition in attendance. Staff informed the Commission that the applicant submitted a letter to staff on January 11, 2023, requesting this application be deferred to the February 9, 2023 Planning Commission Agenda. Staff supported the deferral request. There was no further discussion. The item remained on the consent agenda and was deferred as recommended by staff. The vote was 10 ayes, 0 nays, 0 absent and 1 open position. February 9, 2023 ITEM NO.: E (Cont.) FILE NO.: Z-9535-A 10 PLANNING COMMISSION ACTION: (FEBRUARY 9, 2023) Staff informed the Commission that the applicant requested the application be withdrawn. Staff supported the withdrawal request. The item was placed on the Consent Agenda for withdrawal. The vote was 10 ayes, 0 nays and 1 absent. The application was withdrawn. February 9, 2023 ITEM NO.: 1 FILE NO.: S-1914-A NAME: Lots 1R, O. Jack Hartsell III, Inc. Subdivision – Replat LOCATION: 7100 Beck Road DEVELOPER: O. Jack Hartsell, III c/o Harrison Kemp 221 West 2nd Street, Suite 408 Little Rock, AR 72201 OWNER/AUTHORIZED AGENT: O. Jack Hartsell, III – Owner Ryan Kiernan – Owner Harrison Kemp – Agent SURVEYOR/ENGINEER: E. S. Stan Cunningham, Jr. 2105 Lorance Drive Little Rock, AR 72206 AREA: 0.42 acre NUMBER OF LOTS: 2 FT. NEW STREET: 0 LF WARD: N/A PLANNING DISTRICT: 1 CENSUS TRACT: 42.05 CURRENT ZONING: R-2 VARIANCE/WAIVERS: None requested. BACKGROUND: On February 25, 2021 a lot split was recorded, splitting 3.75 acres at the northwest corner of Beck Road and County Farm Road into two (2) lots (Lots 1R and 2R, O. Jack Hartsell III, Inc. Subdivision). The lot split was approved by The City’s Planning Department and the Pulaski County Planning Department. On August 18, 2022, the property owner, O. Jack Hartsell III, sold the north 88 feet of Lot 1R to Ryan Kiernan, creating a lot split for Lot 1R. The second lot split was not reviewed nor approved by the City or the County. February 9, 2023 ITEM NO.: 1 (Cont.) FILE NO.: S-1914-A 2 Based on the fact that a third lot was created (from the original 3.75 acre property), the second replat issue needs to be approved by the Planning Commission. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes to replat Lot 1R, O. Jack Hartsell III, Inc. subdivision by splitting the lot into two (2) lots. B. EXISTING CONDITIONS: The proposed Lot 1RA contains a two-story single family residence (7100 Beck Road). The proposed Lot 1RB is undeveloped. Foundation work for a new single family residence has begun on Lot 1RB. 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. No comments. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: No comments received. Entergy: No comments received. Summit Utilities: No objection to replat. 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 February 9, 2023 ITEM NO.: 1 (Cont.) FILE NO.: S-1914-A 3 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. 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 C10. Parks and Recreation: No comments received. February 9, 2023 ITEM NO.: 1 (Cont.) FILE NO.: S-1914-A 4 County Planning: 1. Provide a bill of assurance. 2. Provide Pulaski County certificate of Final Approval. 3. Property is too small to have its own septic system. Provide and show a utility easement to the septic system this residence will connect to. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. Landscape: No comments. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. Planning Division: No comments. H. ANALYSIS: The applicant proposes to replat Lot 1R, O. Jack Hartsell III, Inc. subdivision by splitting the lot into two (2) lots. The existing Lot 1R was part of a previous staff- level lot split, therefore, this second lot split must be reviewed and approved by the Planning Commission. The applicant is proposing the two (2) lots as follows: Lot 1RA – 11,438.78 square feet (0.26 acre) Lot 1RB – 7,149.21 square feet (0.16 acre) The proposed Lot 1RA contains a two-story single family home and was sold to Ryan Kiernan on August 18, 2022 by O. Jack Hartsell, III. Mr. Hartsell retained ownership of the proposed Lot 1RB. Mr. Hartsell recently began foundation work for a new single family residence on Lot 1RB. Section 36-254 (d) (4) of the City’s Zoning Ordinance requires a minimum lot width of 50 feet, a minimum lot depth of 100 feet, and a minimum lot area of 6,000 square feet. Both of the proposed lots conform with ordinance standards. No variances are requested with the proposed replat. Both Lots 1RA and 1RB will be serviced by separate septic sewer systems. Both lots had successful percolation tests and both lots have been permitted by the Department of Health for the installation of septic tanks and field lines. The Department’s documentation was provided to staff by the applicant. A septic February 9, 2023 ITEM NO.: 1 (Cont.) FILE NO.: S-1914-A 5 system easement is proposed on the rear portion of Lot 1RB for part of the field lines for the septic system on Lot 1RA. The septic system for the proposed house on Lot 1RB will be located in the front yard area. Staff is supportive of the requested replat/lot split. Staff views the request as reasonable. Both of the proposed lots conform with ordinance standards and the applicant is requesting no variances. The proposed replat/lot split should have no adverse impact on the surrounding properties. I. STAFF RECOMMENDATION: Staff recommends approval of the requested replat, subject to the comments and conditions in paragraph E, and the staff analysis, of the agenda staff report. PLANNING COMMISSION ACTION: (FEBRUARY 9, 2023) Harrison Kemp was present representing the applicant. There were four (4) objectors present. Staff presented the application with a recommendation of approval. Matt Enderlin addressed the commission stating that he was opposed to the replat of a 900 square foot house and opposed any small houses in the area. Bob Woolsey addressed the commission stating that he was opposed to the small tract and construction of a “tiny” house in the area which would harm the neighborhood. Travis Moore addressed the commission stating that he was opposed and that a small lot and house were too small for the area. Kendall Jones addressed the commission stating that a partition has been circulated in the area in opposition to the proposed replat and tiny house. She also stated that this type of subdivision of the land will set a negative precedent in the area. Harrison Kemp addressed the commission representing the applicant stating that the application is for a replat of the lots and not for a small house and that the lots as proposed meets the ordinance standards. There was a discussion by the Planning Commission regarding the size of the lot, septic system approval by the state, any regulations regarding a house on the property and conformity of the replat in relation to the governing ordinance. There was a motion to approve the application, including all staff comments and conditions. The motion passed by a vote of 8 ayes, 1 nay, and 2 recuse. The application was approved. February 9, 2023 ITEM NO.: 2 FILE NO.: Z-9751 NAME: Masterminds Real Estate, LLC – Duplex – Conditional Use Permit LOCATION: 1914 Dennison Street DEVELOPER: Gerald Little Masterminds Real Estate, LLC 5217 District View Drive Fort Worth, TX 76123 OWNER/AUTHORIZED AGENT: Gerald Little (Owner) Masterminds Real Estate, LLC 5217 District View Drive Fort Worth, TX 76123 SURVEYOR/ENGINEER: Ed Lofton 15414 Oakcrest Lane Little Rock, AR 72206 AREA: 0.16 acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 1 PLANNING DISTRICT: 8 CENSUS TRACT: 11 CURRENT ZONING: R-3 VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is requesting a conditional use permit to allow construction of a duplex on R-3 zoned property. February 9, 2023 ITEM NO.: 2 (Cont.) FILE NO.: Z-9751 2 B. EXISTING CONDITIONS: The property is located in an area of mixed zoning and uses, including R-4, R-5, O-3, C-3 and I-2/I-3 zonings. A large area of R-4 zoning is located two (2) blocks to the east. 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 Utilities: No comments. AT & T: No comments received. Central Arkansas Water: 1. 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 February 9, 2023 ITEM NO.: 2 (Cont.) FILE NO.: Z-9751 3 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. 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 Codes: No comments received. February 9, 2023 ITEM NO.: 2 (Cont.) FILE NO.: Z-9751 4 Landscape: No comments. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. Planning Division: No comments. H. ANALYSIS: The applicant is requesting a conditional use permit to allow construction of a duplex on R-3 zoned property. The property is located in an area of mixed zoning and uses, including R-4, R-5, O-3, C-3 and I-2/I-3 zonings. A large area of R-4 zoning is located two (2) blocks to the east. The site plan indicates a lot width of 50 feet and a lot depth of 140 feet (7,000 square feet in area). The applicant proposes to build a two-story, 2,420 square foot duplex with each unit measuring 1,210 square feet in area. The applicant will not reside at the property and intends to rent/lease both units. The site plan shows a front building setback of forty (40) feet. All remaining building setbacks comply with ordinance requirements for structures in the R-3 Zoning District. The applicant notes the building height will not exceed thirty-five (35) feet. The applicant proposes to develop a driveway containing four (4) parking spaces, extending from Dennison Street. Section 36-502 of the City’s Zoning Ordinance requires a minimum of three (3) parking spaces for a duplex use. The proposed parking complies with the ordinance requirement. No signage is proposed at this time. Any future signage must comply with Section 36-551 of the City’s Zoning Ordinance (signs permitted in residential one – and two – family zones). To Staff’s knowledge, there are no outstanding issues associated with this application. The applicant is requesting no variances with this request. Staff believes the proposed duplex structure is an appropriate use for this property. The duplex will not be out of character and represents only a minor increase in density. Most properties south of I-630 looking south to W 30th Street and west from S Park Street looking east to S State Street contain R-4, R-6 and PDR zoning and uses. West of the site contain additional R-3 and I-2 zoning and uses. Staff feels the proposed duplex will have no adverse impact on the subdivision or surrounding uses. February 9, 2023 ITEM NO.: 2 (Cont.) FILE NO.: Z-9751 5 I. STAFF RECOMMENDATION: Staff recommends approval of the requested conditional use permit, subject to compliance with the comments and conditions outlined in paragraph E, and the staff analysis, of the agenda staff report. PLANNING COMMISSION ACTION: (FEBRUARY 9, 2023) The applicant was present. There were no persons present registered in opposition. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation” above. There was no further discussion. The item remained on the consent agenda for approval as recommended by staff, including all staff comments and conditions. The vote was 10 ayes, 0 nays and 1 absent. February 9, 2023 ITEM NO.: 3 FILE NO.: Z-9755 NAME: HCS Inc. Duplexes – Conditional Use Permit LOCATION: Northwest corner of West 46th Street and Foster Street DEVELOPER: HCS Inc. PO Box 46074 Little Rock, AR 72214 OWNER/AUTHORIZED AGENT: HCS Inc – (Owner) Jess Griffin – Griffin Engineering (Agent) 11719 Hinson Road, Suite 130E Little Rock, AR 72212 SURVEYOR/ENGINEER: Jess Griffin – Griffin Engineering 11719 Hinson Road, Suite 130E Little Rock, AR 72212 AREA: 1.64-acre NUMBER OF LOTS: 9 FT. NEW STREET: 0 LF WARD: 6 PLANNING DISTRICT: 11 CENSUS TRACT: 24.05 CURRENT ZONING: R-3 VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is requesting a conditional use permit to allow for the construction of nine (9) duplex structures on nine (9) lots (one (1) per lot) at 4524 Foster Street, Lots 10 through 18, Block 13, Euclid Place Addition. B. EXISTING CONDITIONS: The property is located within a residential neighborhood which contains mostly single-family dwellings and some commercial structures. The site is currently February 9, 2023 ITEM NO.: 3 (Cont.) FILE NO.: Z-9755 2 developed containing a dwelling with a garage out building and perimeter fencing. The site is mostly open with large lawn areas to the south and east adjacent to the dwelling. C. NEIGHBORHOOD NOTIFICATION: 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. Contact Planning and Development Dept., Engineering Division 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. 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. Boundary street improvements are required per master street plan for a local street along West 46th Street and Weldon Avenue. 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. 4. Additional right of way shall be dedicated to the City of Little Rock per master street plan for a local street along West 46th Street and Weldon Avenue for half-street improvements. Total right of way required from centerline of street is 25 feet. 5. 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. 6. Obtain Traffic Control (barricade) 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. February 9, 2023 ITEM NO.: 3 (Cont.) FILE NO.: Z-9755 3 7. 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., Engineering Division 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. 8. 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. 9. 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). 10. A drainage study showing all hydrologic calculations for the site and all hydraulic calculations for the proposed storm sewer pipe system, swales and ditches, detention ponds, outlet structures, and inlets is required per City’s stormwater management and drainage manual. 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). 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. 11. Per City Code 31-434, a 50% maintenance bond for all street and stormwater infrastructure shall be submitted to Department engineering staff prior to recording of the final plat. Before the 50% maintenance bond can be accepted, a contract unit bid price for every street and stormwater infrastructure construction item within the public right of way shall be submitted to Department engineering staff for review and approval. 12. Per City Code 31-117, as built stormwater drainage infrastructure information/data shall be submitted to the Department of Planning and Development Engineering Division prior to recording of the final plat. This information shall include but not limited to pipe inverts, length of pipe, size of pipe, type of pipe, and type of inlets. February 9, 2023 ITEM NO.: 3 (Cont.) FILE NO.: Z-9755 4 13. Per City Code 31-206 (f), “Property line corners at street intersections shall be rounded with a radius of at least twenty (20) feet.” E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: No comments received. Entergy: No comments received. Summit Energy: No comments received. AT & T: No comments received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer's expense. 14. If a fire hydrant is required on Weldon Ave or if fire sprinklers are required in the duplexes a water main extension will be required on Weldon Ave. They will be installed at the Developer's expense. 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. February 9, 2023 ITEM NO.: 3 (Cont.) FILE NO.: Z-9755 5 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 t wo-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. 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: No comments Received. Landscape: No Comment. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments. February 9, 2023 ITEM NO.: 3 (Cont.) FILE NO.: Z-9755 6 Planning Division: No comments. H. ANALYSIS: The applicant is requesting a conditional use permit to allow for the construction of nine (9) duplex structures on nine (9) lots (one (1) per lot) at 4524 Foster Street, Lots 10 through 18, Block 13 Euclid Place. The property is located within a residential neighborhood which contains mostly single-family dwellings and some commercial structures. The site is currently developed containing a dwelling with a garage out building and perimeter fencing. The site is mostly open with large lawn areas to the south and east adjacent to the dwelling. The applicant proposes to develop the 1.64 acre “L” shaped area which is bordered to the east by Foster Street, to the south by West 46th Street, and west by Weldon Street with a single-family lot to the north. The site plan show a single 2,348 square foot duplex structure on each platted lot at two (2) stories in height. The duplex structures will be located 25 feet back from the front property lines, 5 feet from the side property lines and 25 feet back from the rear property lines. All proposed setbacks will conform with Section 36- 255 (R-3 zoning standards) of the City’s Zoning Ordinance. The building heights are not to exceed 35 feet. The applicant is proposing that each unit have a single car garage centered in the front of the structure with paved access drives connecting to the adjacent Weldon and Foster streets. The garage space within the duplex and proposed paved driveways will provide parking for two (2) vehicles per unit. Section 36-502 requires a minimum of three (3) parking spaces for each duplex. The parking as proposed will be sufficient to serve the development. No new fencing is proposed for the development. No dumpster is proposed for the site and trash will be collected using standard City of Little Rock garbage collection. There is no signage proposed for the development. Any site lighting must be low-level and directed away from the adjacent properties. To staff’s knowledge, there are no outstanding issues associated with this application. The property is designated as “RL” Residential Low Density per the City’s Future Land Use Plan. Staff believes the proposed duplex structures located at 4525 Foster Street are appropriate uses for this property and not be out of character with the general area. February 9, 2023 ITEM NO.: 3 (Cont.) FILE NO.: Z-9755 7 Staff is supportive of the requested conditional use permit to allow the duplex development with the following boundary street improvements to be included: 1. Construction of one-half street improvements for each abutting street if the existing street, is not up to city standards. 2. 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. 3. 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. 4. Additional right of way shall be dedicated to the City of Little Rock per the Master. Street plan for a local street along West 46th Street and Weldon Avenue for half-street improvements. Total right of way required from centerline of street is 25 feet. Staff believes the proposed duplexes will have no adverse impact on the residentially zoned properties or other surrounding uses. The applicant is requesting no variances with the proposed development. I. STAFF RECOMMENDATION: Staff recommends approval of the requested CUP, subject to compliance with the comments and conditions outlined in paragraphs D, and E, and the staff analysis, in the agenda staff report. PLANNING COMMISSION ACTION: (FEBRUARY 9, 2023) Jesse Griffin was present, representing the application. There was eight (8) objectors present. Staff presented the application with a recommendation of approval. Savannah Wilkerson, Reba Lewis, Jennifer Wilkerson, Donald Scott, Beulah Scott, James Murray, Anthony Thompson, and Kim Scott addressed the Commission in opposition to the application. They stated that the proposed nine (9) duplexes will decrease property values, cause traffic issues, increase crime, and fill the area with people who have no connection to the neighborhood which will impact the current property owners quality of life. Jesse Griffin addressed the Commission representing the application. He briefly described the project, noting that the R-3 zoned property already contained the lots and was bordered by single family homes and that the duplexes will contribute to the area’s growth. February 9, 2023 ITEM NO.: 3 (Cont.) FILE NO.: Z-9755 8 There was a discussion by the Planning Commission regarding the street improvements, number of duplexes being proposed, and how the proposed density compared to the City’s Future Land Use Plan for the area. There was a motion to approve the application as recommended by staff, including all staff comments and conditions. The motion failed by a vote of 0 ayes, and 11 nays. The application was denied. February 9, 2023 ITEM NO.: 4 FILE NO.: Z-7500-I NAME: Hamilton Station – POD LOCATION: 14524 Cantrell Road DEVELOPER: Pinnacle Valley Shoppes, LLC John Rees 11719 Hinson Road, Suite 130 Little Rock, AR 72212 OWNER/AUTHORIZED AGENT: Pinnacle Valley Shoppes, LLC - Owner Jess Griffin - Agent SURVEYOR/ENGINEER: Jess Griffin, PE 11719 Hinson Road, Suite 130 Little Rock, AR 72212 AREA: 10.67 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 4 PLANNING DISTRICT: 1 CENSUS TRACT: 42.05 CURRENT ZONING: PCD and R-2 VARIANCE/WAIVERS: None requested. BACKGROUND: On August 31, 2017, the Planning Commission denied a proposed rezoning of this property titled The Hamilton Apartments Long-form PD-R, a proposed 250 unit multifamily development. The applicant appealed the Planning Commission’s decision to the Board of Directors, but that request was withdrawn by the applicant. On June 8, 2020, the applicant filed a second rezoning request for The Hamilton Apartments – PD-R. On September 24, 2020 the Planning Commission withdrew the PD-R rezoning at the request of the applicant. February 9, 2023 ITEM NO.: 4 (Cont.) FILE NO.: Z-7500-I 2 On February 10, 2022, the Planning Commission approved an application for the Hamilton Station – PCD (Z-7500-H) to allow mix commercial uses and mini-warehouse development. The application was denied by the Board of Directors on March 15, 2022. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes rezone 10.67 acres from R-2/PCD to POD. The developer will construct a forty-thousand (40,000) square foot commercial building on the 4.96 acres within the western portion of the overall property to contain O-3 permitted uses with office showroom/warehouse and office/warehouse. B. EXISTING CONDITIONS: The property is currently undeveloped and partially tree covered. Some site work has taken place, with fill material being placed on the 5.71 acre portion of the overall site to the east. North, east and west of the site contain R-2 zoning and uses. South of the site contains a mixture of commercial uses and zoning with frontage along Cantrell Road. C. NEIGHBORHOOD COMMENTS: 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 finished floor elevations (FFE) for all buildings on plat, site plan, and grading and drainage plans at least one foot above base flood elevation or more per flood insurance study and FEMA FIRM panel. 2. At the completion of the filling activities and prior to issuance of the final Certificate of Occupancy or final approval, a letter of map revision (LOMR) application must be submitted and approved by FEMA. 3. Due to the proposed structure being located within the 100-year floodplain, an elevation certificate of the finished floor elevation must be provided to the Public Works Department at 701 West Markham Street prior to the issuance of a certificate of occupancy. Contact Vince Floriani in Public Works at 501-371-4823 or VFloriani@littlerock.gov to schedule an appointment for issuance or to answer any questions. 4. 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 February 9, 2023 ITEM NO.: 4 (Cont.) FILE NO.: Z-7500-I 3 information about General Stormwater Discharge Construction Permit #ARR150000. 5. For future development for phase two to the east of the site, 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 a thttps://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 Vince Floriani in Public Works at 501-371-4823 or VFloriani@littlerock.gov to schedule an appointment for issuance or to answer any questions. 6. A grading permit must be obtained prior to initiation of work for future development for phase two to the east of the site. 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., Engineering Division 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. 7. 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. 8. A drainage study showing all hydrologic and hydraulic calculations for the proposed storm sewer pipe system, detention ponds and structures, and inlets is required. 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). 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. February 9, 2023 ITEM NO.: 4 (Cont.) FILE NO.: Z-7500-I 4 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). E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: No comments received. CenterPoint Energy: No comments received. Summit Utilities: No comments. AT & T: No comments received. Central Arkansas Water: 1. Grading of the eastern lot is denied. Resubmit plans addressing the comments below for further consideration. 2. CAW has critical, large, raw water lines on this property that are used to supply water to the treatment plant. Field locate the lines and indicate location of the lines on the plan. Include water line easements on the plan. Field verify depth of pipelines. 3. Indicate existing and proposed contours on the plan. Fill will not be allowed in the easement. If cuts are required, maintain a minimum of 36-inches of fill over the pipelines. 4. No structure or footing shall be located within the easement or within 15-ft of the pipelines. 5. Owner to provide a geotechnical engineer to examine the site to study the potential increased loads on the pipes due to fill, adjacent structures and dynamic loads during and after construction, and provide recommendations to minimize additional burden on the pipes that are acceptable to CAW. 6. Submit final site and grading plan to be reviewed for approval by CAW. 7. All construction work, including earthwork, shall be observed by CAW. Contact CAW, Andrew Pownall, prior to any work in this area. The following comments are for the lot on the western side of the property: 8. Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation February 9, 2023 ITEM NO.: 4 (Cont.) FILE NO.: Z-7500-I 5 of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. 9. 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 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. February 9, 2023 ITEM NO.: 4 (Cont.) FILE NO.: Z-7500-I 6 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 comments received. County Planning: No comments. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. Landscape: 1. Any new site development must comply with Chapter 15 of the City’s Landscape Ordinance. 2. Any variance request from Chapter 15 of the City’s Landscape Ordinance will require a variance application to the Little Rock City Beautiful Commission. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. Planning Division: The request is in the River Mountain Planning District. The Land Use Plan shows Transition (T) and Residential Low Density (RL) for the requested area. Transition provides for an orderly transition between residential uses and other more intense uses. A Planned Zoning District is required unless the application conforms to the Design Overlay standards. Uses that may be considered are low-density multi-family residential and office uses if the proposals are compatible with quality of life in nearby residential areas. The Residential Low Density category provides for single family homes at densities not to exceed 6 dwelling units per acre. Such residential development is typically characterized February 9, 2023 ITEM NO.: 4 (Cont.) FILE NO.: Z-7500-I 7 by conventional single-family homes but may also include patio or garden homes and cluster homes, provided that the density remains less than 6 units per acre. The application is to rezone from R-2, Single Family District to POD, Planned Office Development. Surrounding the application area, the Land Use Plan Map shows Residential Low Density (RL) developed to the west and north. These areas are developed with single-family houses. Partially developed Transition (T) area to the east. Mixed Office Commercial (MOC), Commercial (C), Mixed Use (MX) areas with dine-in and drive-thru restaurants, strip commercial and small offices to the south along Cantrell Rd. Master Street Plan: Access will be taken from the south through an adjacent property. Bicycle Plan: The Master Bike Plan shows an existing Class 1 Path traversing the southwest corner. Class I Bike Paths are designated for the sole use of bicycles that is physically separated from vehicular lanes. This path provides access from Cantrell Rd on the south to Waterside Dr on the north. Historic Preservation Plan: There are no historic structures or districts in the area. H. ANALYSIS: The applicant proposes rezone 10.67 acres from R-2/PCD to POD. The developer will construct a forty-thousand (40,000) square foot commercial building on the 4.96 acres within the western portion of the overall property to contain O-3 permitted uses with office showroom/warehouse and office/warehouse. During Phase I, the applicant is also requesting permission to regrade and clean up the remaining 5.71 acre portion of the overall property to the east, shown as Phase II on the site plan for future use. The applicant notes special permission will be obtained from Central Arkansas Water (CAW) prior to any construction activities conducted within utility easements. The western 4.96 acre portion of the overall property is currently undeveloped and tree covered. Some site work has taken place with fill material being placed on the 5.71 acre area to the east. R-2 zoning and uses are contained north, east and February 9, 2023 ITEM NO.: 4 (Cont.) FILE NO.: Z-7500-I 8 west of the site. South of the site contains a mixture of existing commercial developments at 14524 through 14810 Cantrell Road. The property is not located in the Highway 10 Design Overlay District. The site plan indicates that an area of fifteen-thousand (15,000) square feet (“Building Section A”) will contain only spaces for office use. The remaining twenty-five (25,000) square feet, (“Building Section B”) will contain additional office spaces’ including Office Showroom/Warehouse and Office Warehouse. The proposed building height will be sixty-five (65) feet and be constructed of brick, stone, glass and metal on the rear of the building. The site plan shows a setback over one-hundred (100) feet from the north (rear) property line, over eighty (80) feet from the south (front) property line, eighty-one (81) feet from the west property line and over sixteen (16) feet from what will be Phase II of the development. The applicant notes that the hours of operation will be from 7:00am to 8:30pm daily. The main entrance to the proposed development will be at the southwest corner of the overall property, through the Pinnacle Creek Shopping Center property at 14810 Cantrell Road. In addition, the developer will construct an emergency access to the west and bike path further to the west in the southwest corner of the development. The applicant is proposing 113 parking spaces. Staff feels the proposed parking is sufficient to serve this use. The applicant notes that there will be a forty-one (41) foot enhanced undisturbed buffer along the west property line. Low and mid-level evergreen plantings will be required within this area to help screen this development from the single family residences to the west. All other buffer and landscaped areas will conform with ordinance requirements. The applicant notes that there will be a retaining wall along the east side of the proposed enhanced undisturbed buffer. The retaining wall will have an average height of eight (8) feet. There will be an eight (8) foot high opaque fence on top of the retaining wall. Evergreen plantings (Emerald Arborvitae) will be placed inside the screening fence. The evergreen plantings will have a six (6) foot height at the time of planting, with a height of approximately 15 to 20 feet in maturity. Staff believes that this with the enhanced undisturbed buffer will provide adequate screening for the residential properties to the west. There will be a dumpster area located near the northwest corner of the developed area. The applicant notes that the dumpster area will be screened as per ordinance requirements. February 9, 2023 ITEM NO.: 4 (Cont.) FILE NO.: Z-7500-I 9 Any site lighting must be low-level and directed away from adjacent properties. All signage must conform with Section 36-553 of the City’s Zoning Ordinance (sings allowed in office zones). Since the property has no direct street frontage, wall signs will be allowed on the south and east sides of the multi-tenant office building. A ground-mounted sign will be allowed at the entry drive at the southwest corner of the development. The applicant is proposing an access easement and bike path construction at the southwest corner of the development. The bike path will be constructed as per Master Street Plan requirements. Floodway is located along the north and east property boundaries. Any portion of the proposed development will be located at least 25 feet back from the floodway. A stormwater detention area with easement will be located at the northwest corner of the development. The applicant previously submitted (previous application) a traffic study for the proposed development to staff. The traffic study concluded the following: “The traffic associated with the development of Hamilton Station has minimal impact to the traffic operations at the intersection of Cantrell Road and Taylor Loop Road.” The Department of Planning and Development staff engineer agreed at that time with the conclusions of the traffic study from the consultant. Staff requested that the applicant submit an amended traffic study addressing the current proposal. Staff cannot support the application prior to an amended traffic study with a favorable review for the proposed Phase I development. The applicant is requesting no variances with the proposed POD rezoning. The eastern 5.71 acres of the overall property is shown as Phase II of the proposed POD development. This portion of the site will need to be brought back to the Planning Commission for approval when development is proposed. Staff is generally supportive of the proposed POD development. The proposed development is less intense than the previous PCD request. However, staff cannot support the application until an amended traffic study is submitted and approved by the staff engineer. The proposed office development, with office showroom/warehouse and office warehouse, will be less intense than the previous PCD proposal, and will serve as more of a transitional use between the heavy commercial uses along Cantrell Road and the single-family residences to the north and west. February 9, 2023 ITEM NO.: 4 (Cont.) FILE NO.: Z-7500-I 10 I. STAFF RECOMMENDATION: Staff recommends denial of the requested POD zoning, until an approved amended traffic study is completed. PLANNING COMMISSION ACTION: (FEBRUARY 9, 2023) Jesse Griffin was present, representing the application. There was one (1) objector present. Staff presented the application with a recommendation of denial. The applicant deferred their time to the opposition for comments. Kent Brunen addressed the Commission in opposition to the application. He stated that represented the neighborhood association adjacent to the site and that the proposed development as submitted has drainage issues, an inaccurate grading plan , and that the required undisturbed buffers were not in the condition represented by the applicant. He stated that multiple proposals have been presented to the commission for this property and that the surrounding property owners concerns have yet to be addressed along with the ongoing site issues. Jesse Griffin addressed the Commission representing the application. He briefly described the project, noting that the applicant had submitted several variations of uses for the site and that the site was in transition regarding any grading or drainage. He stated that the applicant will provide the buffers as required once a final plan or use has been approved by the commission. There was a discussion by the Planning Commission regarding the landscaping, site access, grading, and if the requested traffic study had been submitted by the applicant as requested by staff. There was a motion to approve the application, including all staff comments and conditions. The motion denied by a vote of 4 ayes, and 7 nays. The application was denied. February 9, 2023 ITEM NO.: 5 FILE NO.: Z-4156-C NAME: GSBC – Hair Salon – PD-C LOCATION: 5901 W 57th Street DEVELOPER: Greater Second Baptist Church, Incorporated (Owner) 5615 Geyer Springs Road Little Rock, AR 72209 OWNER/AUTHORIZED AGENT: Marvin Jarret (Agent) Greater Second Baptist Church, Incorporated 5615 Geyer Springs Road Little Rock, AR 72209 SURVEYOR/ENGINEER: Harbor Environmental & Safety 5800 Evergreen Drive Little Rock, AR 72205 AREA: 0.40 acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 2 PLANNING DISTRICT: 13 CENSUS TRACT: 20.01 CURRENT ZONING: R-2 (CUP) VARIANCE/WAIVERS: None requested. BACKGROUND: On February 26, 2015, the Little Rock Planning Commission approved a conditional use permit to allow the residential building on the R-2 zoned lot to be utilized as a food pantry, church office, and meeting space and storage by Greater Second Baptist Church located on the north east corner of W 57th Street. February 9, 2023 ITEM NO.: 5 (Cont.) FILE NO.: Z-4156-C 2 A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is proposing to rezone the 0.40 acre site from R-2 (CUP) to PD-C to allow a hair salon (barber/beauty) located at 5901 W 57th Street. B. EXISTING CONDITIONS: The property contains an existing one-story, 1,424 square foot single-family residence. An existing driveway provides access along W 57th Street. Properties east and south contain and R-2 zoning and uses. Properties to the west along Geyer Springs Road contain R-2, O-1, O-2 and I-2 zoning. A large church complex is located to the north across W 57th Street. 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. Provide accessible parking stalls where parking is provided in accordance with 2012 Arkansas Fire Prevention Code Sections 3411 and 1106. 2. Provide accessible route from the accessible parking stalls’ aisles to existing building’s accessible entrance in accordance with Section 402 & 502 of ICC A117.1-2017 and 2012 Arkansas Fire Prevention Code Sections 1104. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: No comments received. Entergy: No comments received. Summit Energy: No comments received. AT & T: No comments received. Central Arkansas Water: No comments. 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 February 9, 2023 ITEM NO.: 5 (Cont.) FILE NO.: Z-4156-C 3 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 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 comments received. February 9, 2023 ITEM NO.: 5 (Cont.) FILE NO.: Z-4156-C 4 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. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. Planning Division: The request is in the 65th Street East Planning District. The Future Land Use Plan Map shows Public/Institutional (PI) for the requested area. 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. The application is to rezone from R-2, Single Family District to PD-C, Planned Development-Commercial. Surrounding the application area north of W 57th Street, the Land Use Plan shows Public/Institutional (PI) and Residential Low Density (RL). A church and single- family houses are located on this land. Residential Low Density (RL) to the east and south of the application site. Single-family houses are on most of these tracts. Across Geyer Springs Rd to the west are small areas of Office (O) and Public/Institutional (PI). A church and a few businesses are on this land. Commercial (C) is shown between Geyer Springs Road and University Avenue and along the South University Avenue Corridor. This land is mostly developed along University Avenue with some vacant land along Geyer Springs Road. Master Street Plan: On the north is W 57th St. a Local Street on the Master Street Plan. Local public street which is abutted by non-residential or residential use which is more intense than duplex or two-unit residential is considered a Commercial Street. These streets have the same design standard as a Collector. Right-of-way is 60’. Sidewalks are required on both sides. At the time of site development dedication of additional ROW or improvements may be required. February 9, 2023 ITEM NO.: 5 (Cont.) FILE NO.: Z-4156-C 5 Bicycle Plan: There are no Bike Routes in the vicinity. Historic Preservation Plan: There are no historic districts in the area. There are several potentially contributing homes to the north on Sunnydale Dr. H. ANALYSIS: The applicant proposes to rezone a 0.40 acre site from R-2 (CUP) to PD-C to allow a hair salon (barber/beauty) on the property. The property contains an existing one-story, 1,424 square foot single-family residence. An existing driveway provides access along W 57th Street. Properties east and south contain and R-2 zoning and uses. Properties to the west along Geyer Springs Road contain R-2, O-1, O-2 and I-2 zoning. A large church complex is located to the north across W 57th Street. The church currently owns the property which was approved for Conditional Use Permit in February 2015. The existing CUP allows a food pantry, church office, a meeting space and storage uses operated by Greater Second Baptist Church (GSBC). The applicant notes the hair salon will not be owned or operated by the church. The hair salon will be independently owned and operated. The hair salon will contain four (4) employees utilizing four (4) work stations. The operating hours will be from 10:00am to 8:00pm, Tuesday through Saturday. The applicant provided to staff an example the long-term parking agreement to be provided to the future owner and operator of the hair salon along with a parking plan for the facility. The proposed salon will utilize a small portion of the large church parking lot located immediately to the west. The parking plan provides six (6) dedicated spaces for the hair salon to be located along the west side of the building adjacent to a handicap access ramp which enters the proposed hair salon. Staff feels the parking provided is sufficient to serve this use. The church will remain in compliance for required parking for the church use. The applicant is proposing no additional signage at this time. Any future signage must comply with Section 36-553 of the City’s Zoning Ordinance (Signs allowed in office and institutional zones). Any new site lighting must be low-level and directed away from adjacent properties. February 9, 2023 ITEM NO.: 5 (Cont.) FILE NO.: Z-4156-C 6 The applicant notes standard City trash collection will be provided weekly. No dumpster is proposed at this time. Any new dumpster must comply with Section 36-523 of the City’s Zoning Ordinance. Staff is supportive of the requested PD-C zoning. Staff feels that this is a good location for a barber/beauty use to serve the community at large. There are additional barber/beauty uses to the west along Geyer Springs Road and further along Geyer Springs Road as it veers north of GSBC. Staff feels that the proposed use should have no adverse impact on surrounding properties. Ample parking for the church is provided along W 57th Street located on the east and west sides of the church. Additional church parking is provided to the south of W 57th Street. I. STAFF RECOMMENDATION: Staff recommends approval of the requested PD-C zoning, subject to 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: (FEBRUARY 9, 2023) Marvin Jarrett was present, representing the application. There was one (1) objector present. Staff presented the application with a recommendation of approval. The applicant deferred their time to the opposition for comments. Troy Laha addressed the Commission in opposition to the application. He stated that the board he represented was opposed to the use and why a church was operating a salon. Marvin Jarrett addressed the Commission representing the application. He briefly described the project, noting that the church was not operating the salon and that the owner of the salon business was attempting to purchase the property in the future. 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 absent. The application was approved. February 9, 2023 ITEM NO.: 6 FILE NO.: Z-5817-L NAME: Cantrell West Retail Center – PCD LOCATION: 15122 Cantrell Road DEVELOPER: Rees Commercial 11719 Hinson Road, Suite 130 Little Rock, AR 72212 OWNER/AUTHORIZED AGENT: Jesse Griffin Griffin Engineering 11719 Hinson Road, Suite 130E Little Rock, AR 72212 (501) 690-3456 SURVEYOR/ENGINEER: Jesse Griffin Griffin Engineering 11719 Hinson Road, Suite 130E Little Rock, AR 72212 (501) 690-3456 AREA: 3.803 acres NUMBER OF LOTS: 3 FT. NEW STREET: 0 LF WARD: 4 PLANNING DISTRICT: 1 CENSUS TRACT: 42.05 CURRENT ZONING: PD-O/R-2 VARIANCE/WAIVERS: 1. Variance to allow two (2) ground-mounted, monument type signs. 2. Variance to allow more than 30% of land use buffers to be disturbed. 3. Variance to allow a retaining wall to be greater than 15’ feet in height without block face and no terraces. 4. Variance to allow reduced driveway separation. February 9, 2023 ITEM NO.: 6 (Cont.) FILE NO.: Z-5817-L 2 BACKGROUND: On July 16, 2020, the Planning Commission voted to approve a request to rezone this property from PD-O and R-2 to PCD, to allow the property to be subdivided into three (3) lots with a restaurant development on each lot. The rezoning request was denied by the Board of Directors. On December 9, 2021 the applicant submitted a revised site plan with a request to rezone the property from R-2 to PD-O. On February 10, 2022 the Planning Commission voted to approve the request to rezone the property from R-2 to PD-O with conditions. The rezoning request was referred back to the Planning Commission by the Board of Directors on May 17, 2022. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes to rezone a 3.803-acre property from PD-O/R-2 to PCD located at the Northeast corner of Cantrell Road and Rummel Road. The rezoning is to allow for a future commercial retail development with a main retail structure, and an auto service center structure. B. EXISTING CONDITIONS: The property is currently divided into three (3) tracts with a majority of the property cleared and graded. Tract # 1 is a 0.58-acre R-2 zoned undeveloped tract which is mostly wooded and is located on the west border of the site adjacent to Rummel Road and north side of Cantrell Road. Tract # 2 is a PD-O zoned lot centrally located on the north side of Cantrell Road with a gravel access drive. Tract # 3 is located at the eastern edge of the overall site with a paved access connecting to Cantrell Road to the south. The property is bordered to the east by commercially zoned properties and mostly R-2 zoned properties to the north and west across Rummel Road. To the south of the property across Cantrell Road is a mixture of residential and commercial zoned properties. 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. 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. February 9, 2023 ITEM NO.: 6 (Cont.) FILE NO.: Z-5817-L 3 2. 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. 3. Whenever access to State Highways is needed for residential or commercial purposes, an access driveway permit is required. These permits are issued by the Permit officer for the District in which the driveway will be located. Please contact ARDOT District 6 permit officer at 501-569-2266. 4. A special permit is issued for work on the Arkansas Department of Transportation right of way that is not an access driveway. The permit is issued by the Permit officer for the District in which the special permit is requested. Please contact ARDOT District 6 permit officer at 501-569-2266. 5. 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. 6. 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). 7. Per City Rev. Code 29-99, stormwater detention for developments is required. Provide stormwater detention infrastructure to satisfy this requirement. Provide grading and drainage plans showing the location of stormwater detention, collection, and conveyance facilities and site discharge location. 8. A drainage study showing all hydrologic calculations for the site and all hydraulic calculations for the proposed storm sewer pipe system, swales and ditches, detention ponds, outlet structures, and inlets is required per City’s stormwater management and drainage manual. 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). 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. Per City Code 31-210 (e) (1) for arterial streets, a lot will require six hundred twenty-five (625) feet of frontage for two (2) drives. If two driveways are still desired for this site by the developer, a variance request will have to be filed February 9, 2023 ITEM NO.: 6 (Cont.) FILE NO.: Z-5817-L 4 with the application for the planning commission’s consideration per City Code 31-210 (j). 10. Per City Code 31-210 (e) (1) for arterial streets, driveway spacing shall be three hundred (300) feet. Driveway spacing shall be centerline to centerline or centerline to right of way of an intersecting collector street or street of higher classification. Minimum spacing from the property line shall be one hundred fifty (150) feet. Maximum driveway width is thirty-six (36) feet. Revise driveways to meet above requirement accordingly. 11. “If proposed retaining walls shown on plans are equal to or above four feet tall measured from the bottom of the footing or leveling layer or if there is surcharge loading for a retaining wall less than four feet tall measured from the bottom of the footing or leveling layer, the Department requires retaining wall design plans by an Arkansas licensed professional engineer showing plan, profile, and cross sectional views of the wall with special details, design loading calculations clearly showing all required factors of safety are met or exceed per state building codes. A separate building permit-accessory structure will be required for the retaining walls along with inspections by Department engineering staff during their construction.” E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: No comments received. Entergy: No comment received. Summit Utilities: No comment. AT & T: No comment received. Central Arkansas Water: 1. All Central Arkansas Water requirements in effect at the time of request for water service must be met. 2. Provide a 15-ft utility easement along the Cantrell Rd and Rummel Rd road frontages. 3. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer's expense. February 9, 2023 ITEM NO.: 6 (Cont.) FILE NO.: Z-5817-L 5 4. Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Plan revisions may be required after additional review. 5. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. 6. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. 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. February 9, 2023 ITEM NO.: 6 (Cont.) FILE NO.: Z-5817-L 6 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 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. 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. February 9, 2023 ITEM NO.: 6 (Cont.) FILE NO.: Z-5817-L 7 Parks and Recreation: No comments received. County Planning: No comment. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. Landscape: No comments received. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comment. Planning Division: The request is in the River Mountain Planning District and the Highway 10 Design Overlay District. The Land Use Plan shows Suburban Office (SO) for the requested area. The suburban office 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. The application is to rezone from R-2, Single Family Residential to PCD, Planned Commercial Development. Surrounding the application area north of Cantrell Rd, the Land Use Plan shows developed and undeveloped Residential Low Density (RL) area to the north. Mixed Use (MX) with restaurant, office, and banking; then Commercial (C) with drive thru restaurant and strip commercial to the east. South of Cantrell Rd is Park/Open Space PK/OS along Taylor Loop Creek, developed RL and Transition (T) with offices and a school. Master Street Plan: To the south is Cantrell Rd and is a Principal Arterial on Master Street Plan. To the west is Rummel Rd which is a Local Street. Function of Principal Arterials is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Right of way of 110 feet is required unless otherwise stated. Sidewalks are required on both sides. A Local public street which is abutted by non-residential or residential use which is more intense than duplex or two-unit residential is considered a Commercial Street. These streets have the same design standard as a Collector. Right-of-way is 60’. February 9, 2023 ITEM NO.: 6 (Cont.) FILE NO.: Z-5817-L 8 Sidewalks are required on both sides. At the time of site development dedication of additional ROW or improvements may be required. Bicycle Plan: The Master Bike Plan shows a proposed Class 1 Path along Cantrell Rd. Class I Bike Paths are designated for the sole use of bicycles that is physically separated from vehicular lanes. Historic Preservation Plan: There are no historic structures or districts in the area. H. ANALYSIS: The applicant proposes to rezone a 3.803-acre property from PD-O/R-2 to PCD located at the Northeast corner of Cantrell Road and Rummel Road. The rezoning is to allow for a future commercial retail development with a main retail structure, and an auto service center structure. The property is currently divided into three (3) tracts with a majority of the property cleared and graded. Tract # 1 is a 0.58-acre R-2 zoned undeveloped tract which is mostly wooded and is located on the west border of the site adjacent to Rummel Road and north side of Cantrell Road. Tract # 2 is a PD-O zoned lot centrally located on the north side of Cantrell Road with a gravel access drive. Tract # 3 is located at the eastern edge of the overall site with a paved access connecting to Cantrell Road to the south. The property is bordered to the east by commercially zoned properties and mostly R-2 zoned properties to the north and west across Rummel Road. To the south of the development across Cantrell Road is a mixture of residential and commercial zoned properties. The applicant is proposing a 28,026 square foot commercial retail structure to be located within the northern portion of the property with a 6,620 square foot auto service center structure in the east central portion of the development. Paved parking and internal access drives will be located along the front and sides of each building. The site plan indicates that internal drives will circle internal parking areas in the south and east portions of the development and accommodate a drive-thru window at the west end of the retail center building. The applicant is requesting the following uses for the shopping center building: • All O-1, O-2, and O-3 permitted uses and conditional uses. • All C-1 permitted uses and conditional uses except the following: ss. Secondhand store, used furniture or rummage shop. February 9, 2023 ITEM NO.: 6 (Cont.) FILE NO.: Z-5817-L 9 tt. Shoe repair. yy. Tool and equipment rental (inside display only). a. Amusement, commercial (inside). c. Appliance repair. e. Cabinet or woodwork shop. j. Convenience food store with gas pumps. o. Furniture repair store. v. Service station. w. Theater (not drive-in). x. Upholstery shop, furniture. • Other commercial uses to be included. a. Beverage Shop b. Swimming pool sales and supply c. Bakery and Confectionary Shop d. Savings and Loan e. Dry cleaners f. Pharmacy g. Medical clinic i. Cigar, Tobacco, and candy store The applicant notes that the hours of operation for development will be 7:00 am to 10:00 pm Monday through Saturday and 10:00 am to 8:00 pm on Sunday. The development includes a main parking area centrally located with 151 spaces to serve the main building and 28 parking spaces to serve the auto service center at the southeast corner. The applicant also proposes an additional parking space along the northeast perimeter of the development for delivery truck parking. The applicant is propsoing179 parking spaces for this development. Staff believes the overall parking layout will be sufficient to support the proposed use. The applicant is proposing two (2) access drives to the site; one (1) centrally located at the south perimeter and one (1) located near the southeast corner of the development connecting to Cantrell Road. Each of the access drives include one (1) entry lane and two (2) exit turn lanes which connect Cantrell Road to the internal drives. Each of the drives will have a width of 36 feet. Section 31-210 (e) (1) of the City’s Subdivision Ordinance for arterial streets requires 625 feet of frontage for two (2) drives. The applicant has requested a variance from the regulations to allow two (2) access drives from an arterial street with a lot frontage of less than six hundred-twenty-five (625) feet in length. The existing lot frontage is approximately 490 feet. Section 31-210 (e) (1) of the City’s Subdivision Ordinance for arterial streets, driveway spacing shall be three hundred (300) feet. Driveway spacing shall be February 9, 2023 ITEM NO.: 6 (Cont.) FILE NO.: Z-5817-L 10 centerline to centerline or centerline to right of way of an intersecting collector street or street of higher classification. Minimum spacing from the property line shall be one hundred fifty (150) feet. The applicant has requested a variance from the regulations to allow the two (2) access drives from Cantrell Road to be separated by approximately 270 feet and the eastern most driveway to be located approximately 65 feet from the east side property line. The applicant is proposing three (3) dumpster areas located near the northeast and northwest corners to the development with space for approximately eight (8) dumpsters . The dumpster areas must be screened as per Section 36-523 of the City’s Zoning Ordinance. The site plan additionally shows an enclosed tire storage area adjacent to the dumpsters along the northeast perimeter of the site. Section 36-346 of the City’s Zoning Ordinance (Highway 10 DOD) allows a ground-mounted commercial development sign with a maximum height of 10 feet and a maximum area of 100 square feet. All ground-mounted signs must be of a monument type design. The applicant is requesting a variance to allow two (2) ground -mounted signs of this development. The signs must comply with the height and area standard of the DOD and be monument type signs. All site lighting proposed must be low level and directed away from adjacent properties. Section 29-190(d) “Grading and drainage plan requirements“ is as follows: “Cut or fills shall be limited to ten (10) feet in height or to fifteen (15) feet if architectural stone is included to protect the vertical face. A series of smaller cuts or fills with terraces, preserving portions of natural vegetation and providing areas for planting, shall be used in situations where more than ten (10) feet of cut or fill is needed.” The applicant is requesting to construct retaining walls along the north and east property lines. The retaining walls will vary in height to a maximum height of approximately 20 feet. The applicant is proposing to utilize no architectural stone and no terraces with the proposed walls (cut and fill) . The applicant is requesting a variance from the provisions of Section 29-190. The applicant notes that the land use buffers along the north and east perimeters will be significantly reduced to accommodate site grading requirements. Section 36-521 requires that a minimum of 70 percent of land use buffers be undisturbed. The applicant notes that more than 30 percent of the required buffers will be disturbed and has requested a variance from the regulations to allow 100 % of the land use buffer requirement along the north perimeter of the site to be disturbed. Staff is not supportive of the overall proposed site development plan as submitted due to the following issues. February 9, 2023 ITEM NO.: 6 (Cont.) FILE NO.: Z-5817-L 11  Staff believes an emergency access drive should be provided from Rummel Road.  No vehicular access is available along the north perimeter of the main retail structure to allow for deliveries or emergency vehicle access.  Staff cannot support the drive-thru area design/circulation at the west end of the retail building, due to the fact that a specific use is not known for this section of the building.  The C-4 auto related use is too intense for the development.  Staff does not support the intended retaining wall height along the north property line as proposed. I. STAFF RECOMMENDATION: Staff recommends denial of the requested PCD zoning. PLANNING COMMISSION ACTION: (FEBRUARY 9, 2023) Jesse Griffin was present, representing the application. There was three (3) objectors present. Staff presented the application with a recommendation of denial. Jesse Griffin addressed the commission and requested that the item be deferred to the March 9,2023 planning commission hearing agenda. There was a motion to approve the applicants request for deferral. The motion passed by a vote of 9 ayes, 0 nays, 1 recuse and 1 absent. The deferral was approved. February 9, 2023 ITEM NO.: 7 NAME: Appeal of the Department of Planning and Development Staff’s Authority LOCATION: Lots 33R and 34R, Grandview Addition (5120/5200 N. Grandview Street) APPELLANT: Paula Aultz c/o H. Baker Kurrus 43 N. Sherrill Road Little Rock, AR 72202 REQUEST: H. Baker Kurrus on behalf of Ms. Paula Aultz is appealing the Department of Planning and Development Staff authority in authorizing a recombination of two (2) previously platted lots; Lots 33R and 34R, Grandview Addition (5120/5200 N. Grandview Street). The appellant contends that “…the Planning Director’s actions were outside the scope of his authority, and that the matter should be handled through the normal application process.” Correspondence submitted by the appellant is attached for Planning Commission review. The definition of “subdivision” according to Section 31-2 of the City’s Subdivision Ordinance is as follows: “Subdivision means all divisions of a tract or parcel of land in one (1) or more lots, building sites, or other divisions for the purpose, whether immediate or future, for sale or building development, and shall include all divisions of land involving the need for new access, a new street or a change in existing streets; provided, however, that the following shall not be included within this definition, nor be subject to the subdivision rules and regulations of this municipality: (1) The combination or recombination of previously platted lots where the total number of lots is not increased and the resultant lots are equal to or exceed the standards or ordinance of the municipality; (2) The division of land into parcels greater than five (5) acres provided each newly created lot or parcel has minimum lot frontage on legal and physical access; February 9, 2023 ITEM NO.: 7 (Cont.) 2 (3) The public acquisition by purchase or dedication of parcels of land for the widening or opening of streets or other public improvements.” The Department of Planning and Development staff will present additional information regarding the authority of staff in subdivision matters at the public hearing. PLANNING COMMISSION ACTION: (FEBRUARY 9, 2023) H. Baker Kurrus was present, representing the appeal. Bill Spivey, Bill Childers, and Mark Stodola were present opposing the appeal. Staff presented the appeal description. City Attorney Shawn Overton and Director of Planning Jamie Collins addressed the Commission outlining the purpose of the appeal and history of the city processes mentioned in the appeal. Bill Spivey, Bill Childers, and Mark Stodola addressed the commission opposing the appeal and presenting a history of the property mentioned in the appeal. H. Baker Kurrus, Norman Hodge and Paula Aultz addressed the commission representing the appeal and presented information regarding the appeal. Bill Spivey, and H. Baker Kurrus addressed the commission with final statements regarding the appeal. There was a motion that “The Planning Staff’s action to allow the creation of Lot 34R was within the Staff’s purview.” The vote was 4 ayes, 1 nay, 2 absent and 4 recusals / abstentions. PLANNING COMMISSION VOTE RECORD DATE: February 9, 2023 4:OOPM Minutes Consent Agenda A,B,C,D,E,2 RegularAgenda MEMBER 1 3 4 5 6 7 BETTON, HAROLD ✓ ✓ R • ✓ ✓ ✓ ✓ BROWN, JIMMY ✓ ✓ ✓ • • ✓ R ✓ HART, TODD ✓ ✓ ✓ • • ✓ ✓ • HAYNES, MARLON D. ✓ ✓ ✓ • ✓ D ✓ ✓ HODGE, KAT ✓ ✓ ✓ • • ✓ ✓ Ab LATTURE, PAUL ✓ ✓ ✓ • ✓ ✓ ✓ `/ McDONALD, ALICIA ✓ ✓ R • • ✓ D Ab THOMAS, DIANA M. ✓ ✓ ✓ • • ✓ ✓ D VICKERS, MICHAEL ✓ ✓ ✓ • ✓ ✓ ✓ D VOGEL, ROBBY ✓ ✓ • • ✓ ✓ ✓ R WHITAKER, PAMELA D D ✓ • • ✓ ✓ Ab MEMBER Meeting Adjourned 8:44 PM ✓AYE • NAYE A ABSENT Ab ABSTAIN R RECUSE February 9, 2023 There being no further business before the Commission, the meeting was adjourned at 8:44 p.m. Date Chairman Secretary