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HomeMy WebLinkAboutpc_08 10 2023 LITTLE ROCK PLANNING COMMISSION SUMMARY AND MINUTE RECORD AUGUST 10, 2023 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present there being eight (8) members present. II. Members Present: Todd Hart Michael Vickers Jimmy Brown Marlon D. Haynes Paul Latture Alicia McDonald Steven Person Robby Vogel Members Absent: Diana M. Thomas Two Open Positions City Attorney: Shawn Overton III. Approval of the Minutes of the July 13, 2023 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION AGENDA AUGUST 10, 2023 OLD BUSINESS: Item Number: File Number: Title: A. Z-9769 Socios, LLC – Short-Term Rental – PD-C 4401 – 4405 Lee Avenue B. Z-2255-C J Hook Towing – Conditional Use Permit 5809 S. University Avenue C. Z-9788 Lovelace Daycare – Conditional Use Permit 8704 Oman Road D. Z-5859-E David O. Dodd School – Revised Conditional Use Permit 6423 Stagecoach Road E. Z-9795 Queen Beans – PD-C Northwest corner of Hermitage Road and Autumn Road F. Hillcrest Design Overlay District Amendment Item Number: File Number: Title: 1. S-1844-E Copper Run Phases 6 thru 8 – Preliminary Plat South end of Copper Drive (south of Pride Valley Road) 2. S-1882-A The Grove at Old Oak – Preliminary Plat North end of Old Oak Grove Drive, west of Black Street 3. Z-4807-V Discount Tire – CUP West of 16100 Chenal Parkway Agenda, Page Two NEW BUSINESS: (Continued) Item Number: File Number: Title: 4. Z-9807 Rezoning from I-2 to R-3 2718 Welch Street 5. LU2023-20-01 Land Use Plan Amendment – Pinnacle Planning District Office (O) and Mixed Use (MX) to Commercial (C), northeast of the Cantrell Road/Valley Ranch Drive intersection 5.1 Z-9811 Rezoning from R-2 and O-3 to C-3 18404 Cantrell Road 6. Z-6214-A Madison Heights – Phase IV – Revised PRD North of the intersection of W. 16th Street and Jefferson Street 7. Z-9117-A KustomMade Properties – Mini-Storage – PD-C 2501 S. State Street 8. Z-9808 SMH Care & Services – PD-R 2222 S. Chester Street 9. Z-9810 Lorax, LLC – PCD 405 E. 21st Street 10. Carter Lane Improvement District August 10, 2023 ITEM NO.: A FILE NO.: Z-9769 NAME: Socios, LLC – Short-Term Rental – PD-C LOCATION: 4401-4405 Lee Avenue DEVELOPER: Socios, LLC (Owner) 16719 Cantrell Road Little Rock, AR 72223 OWNER/AUTHORIZED AGENT: Socios, LLC (Owner) 16719 Cantrell Road Little Rock, AR 72223 SURVEYOR/ENGINEER: Brooks Surveying, Inc. 20820 Arch Street Pike Hensley, AR 72065 AREA: 0.21 acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 3 PLANNING DISTRICT: 4 CENSUS TRACT: 15.01 CURRENT ZONING: R-4 VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes to rezone 0.21-acre property located at 44010-04405 Lee Avenue from R-4 to PD-C to allow use of the property as Short-Term Rental with a maximum stay of fourteen (14) days. The owner will not reside in the residence. The entire residence will be rented as two (2) units since this structure is a duplex. August 10, 2023 ITEM NO.: A (Cont.) FILE NO.: Z-9769 2 B. EXISTING CONDITIONS: The property contains an existing duplex wood-frame and brick structure. Access is provided from a concrete stairway which extends from the sidewalk of Lee Avenue. The property is primarily surrounded by R-4 zoning. C. NEIGHBORHOOD COMMENTS: All owners of property located within 300 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. Entergy: No comments received. Summit Utilities: No comments. AT & T: No comments received. Central Arkansas Water: No comments received. Fire Department: Maintain Access: Fire Hydrants. Maintain fire apparatus access roads at fire hydrant locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.1 Access road width with a hydrant. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet, exclusive of shoulders. Parks and Recreation: No comments received. County Planning: No comments. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. August 10, 2023 ITEM NO.: A (Cont.) FILE NO.: Z-9769 3 Landscape: No comments. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. Planning Division: The request is in the Heights/Hillcrest Planning District. The Land Use Plan shows Residential Low Density (RL) for the requested area. The Residential Low Density (RL) category provides for single family homes at densities not to exceed 6 dwelling units per acre. Such residential development is typically characterized by conventional single-family homes but may also include patio or garden homes and cluster homes, provided that the density remain less than 6 units per acre. The application is to rezone from R-4 (Two Family District) to PCD (Planned Development Commercial) District. The request is to allow the site to be used as a Short-Term Rental (STR). The application is within the Hillcrest Design Overlay District. Surrounding the application area, the Future Land Use Map shows a large area of Residential Low Density (RL) in all directions. The land is developed as a single- family subdivision with a mix of residential structures. To the north a block at Woodlawn is an area of Public/Institutional (PI) developed with a Faith based institution. The Public/Institutional (PI) 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. Master Street Plan: The site is located on the southwest corner of Lee Avenue and Walnut Street. To the north is Lee Avenue which is a Collector on the Master Street Plan Map. The primary function of a Collector Road is to provide a connection from Local Streets to Arterials. On the east is Walnut Street which is a Local public street. Local Streets are designed to provide access to adjacent property with the movement of traffic being a secondary purpose. Right-of-way is 50’. Sidewalks are required on one side. These streets may require additional dedication of right-of-way and may require street improvements. Bicycle Plan: There are no existing or proposed bike routes adjacent to or through this land. August 10, 2023 ITEM NO.: A (Cont.) FILE NO.: Z-9769 4 Historic Preservation Plan: The site is located in the Hillcrest National Historic District. There are Contributing Structures around the application area, however on this site the structures are undetermined. H. ANALYSIS: The applicant proposes to rezone 0.21-acre property located at 4401 – 4405 Lee Avenue from R-4 to PD-C to allow use of the property as Short-Term Rental with a maximum stay of fourteen (14) days. The owner will not reside in the residence. The entire residence will be rented as two (2) units since this structure is a duplex. The applicant provided the following description of the proposed short-term rental use: “Socios LLC has owned and operated this property since June, 2014 as a rental property. Most of the rentals are 30 days plus, however, when there are vacancies, we will accept shorter term rental. We take pride in our ownership, and we maintain the property and are selective of the tenants who rent the property. We do not have any development planned other than our current use”. The property contains an existing duplex wood-frame and brick structure. Access is provided from a concrete stairway which extends from the sidewalk of Lee Avenue. The property is primarily surrounded by R-4 zoning. The Future Land Use Map shows a large area of Residential Low Density (RL) in all directions. On June 20, 2023 the City Board of Directors passed an ordinance regulating short-term rentals within the City of Little Rock. The new ordinance establishes “development standards” for short-term rentals. If approved, the applicant must comply with the newly established development standards as follows, in addition to all other requirements of the new ordinance: b.) Development Standards. 1. Hosting of private parties and special events such as weddings, receptions, and other similar gatherings is not allowed in Short- Term Rentals. 2. Tours for a fee are not allowed to anyone other than an Occupant. 3. The Occupancy Fee may include any meal to be served to paying guests; no other meal service is permitted. 4. Allowable signage is that as permitted by the Single-Family Residential Standard. July 13, 2023 ITEM NO.: H (Cont.) FILE NO.: Z-9787 8. August 10, 2023 ITEM NO.: A (Cont.) FILE NO.: Z-9769 5 5. Parking plan must be provided with permit application. Off-Street Standard for STRs shall be provided in accordance with Little Rock Arkansas Code, Chapter 36 36-54 (e) (1). If on-street parking is proposed as an alternative to meet the above requirements, parking must be available for guest use within 330 feet of the STR and parking plan must address neighborhood impact. If the STR is proposed within a Design Overlay District, any alternate parking requirements, as provided in Little Rock, Arkansas Rev. Code, Chapter 36. Zoning, Article V. District Regulations shall be applicable. 6. Applicants shall provide a scaled floor plan that includes all of the rooms available for rent with location of windows, doors, and smoke detectors identified. Smoke detectors (certified) are required in all sleeping areas, in every room in the path of the means of egress from the sleeping area to the exit, and in each story with sleeping unit, including basements. 7. All sleeping areas must have two (2) ways of egress, one of which can be an operable window. 8. Proof of homeowner's fire, hazard, and liability insurance. Liability coverage shall have limits of not less than One Million Dollars ($1,000,000.00) per occurrence. 9. All persons operating a Bed and Breakfast House/Short-Term Rental (Type I & 2) shall meet all applicable requirements of the City of Little Rock's Municipal Code, Chapter 12, Fire Prevention and Protection, Article II. Arkansas Fire Prevention Code. Prior to use as a Bed and Breakfast House/Short-Term Rental (Type 1 & 2), the annual City of Little Rock, Building Code and Fire Marshal inspection fee must be paid and payment of annual Business License received. 10. Smoke alarms shall be installed, all smoke alarms shall meet local and state standards (current Fire Code). Smoke alarms shall be installed in all sleeping areas and every room in the path of the means of egress from the sleeping area to the door leading from the sleeping unit. 11. Carbon monoxide detectors shall be installed as directed by City Staff if there are fuel-fired appliances in the unit or the unit has an attached garage. 12. Five (5)-pound ABC-type extinguisher shall be mounted where readily accessible. 13. No recreational vehicles, buses, or trailers shall be visible on the street or property in conjunction with the Bed and Breakfast August 10, 2023 ITEM NO.: A (Cont.) FILE NO.: Z-9769 6 House/ShortTerm Rental use. 14. Principal renter shall be at least eighteen (18) years of age. July 13, 2023 ITEM NO.: H (Cont.) FILE NO.: Z-9787 9. 14. Maximum occupancy. Maximum occupancy of any room or structure as a whole shall be determined by the Arkansas Fire Prevention Code. 15. Simultaneous rental to more than one party under separate contracts shall not be allowed. 16. The owner shall not receive any compensation or remuneration to permit occupancy of a STR for a period of less than a one (1 )-day rental. The applicant is proposing no signage on the property at this time. Any signage must comply with Section 36-551 of the City’s Zoning Ordinance (signs permitted in residential one – and two-family zones). All trash pick-up shall comply with requirements for residential one – and two- family residential zones. The applicant provided responses and additional information to all issues raised during staff’s review of the application. The applicant is requesting no variances with the PD-C zoning request. Staff does not support the requested PD-C rezoning. Staff does not believe the request is reasonable and that the proposed PD-C use is not appropriate for this location. The property is designated as “RL” Residential Low Density on the City’s Future Land Use Plan and is bordered in all directions by single family homes. Staff feels that the introduction of a commercial short-term rental will be out of character with the overall area at this time. The property has a history of being a long-term rental use. Staff believes that this type of short-term rental would be more appropriately located on the outer edge of a single-family subdivision, in a more transitional area, and not in the center of a single-family neighborhood. I. STAFF RECOMMENDATION: Staff recommends denial of the PD-C zoning request. PLANNING COMMISSION ACTION: (AUGUST 10, 2023) The applicant was not present. Staff informed the Commission that the application had previously been deferred two (2) times, which is the maximum allowed deferrals according to the Planning Commission bylaws. Therefore, staff recommended that the August 10, 2023 ITEM NO.: A (Cont.) FILE NO.: Z-9769 7 application be withdrawn. A motion was made to withdraw the application. The vote was 8 ayes, 0 nays, 1 absent and 2 open positions. The application was withdrawn. August 10, 2023 ITEM NO.: B FILE NO.: Z-2255-C NAME: J. Hook Towing – Conditional Use Permit LOCATION: 5809 S. University Avenue DEVELOPER: J. Hook Towing and Recovery 7303 Hwy. 70 North Little Rock, AR 72117 OWNER/AUTHORIZED AGENT: Big Tire Property – Owner Charles Tankersley – Agent SURVEYOR/ENGINEER: Arkansas Surveying and Consulting 1926 Salem Road Benton, AR 72019 AREA: 5.2 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 2 PLANNING DISTRICT: 13 CENSUS TRACT: 20.01 CURRENT ZONING: VARIANCE/WAIVERS: None requested. A. ROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is requesting a Conditional Use Permit to allow a vehicle storage yard in conjunction with a vehicle towing and recovery business. B. EXISTING CONDITIONS: The front (west) portion of the property is occupied by a one-story commercial building which previously housed an auto sales business. Paved parking is located along all sides of the building. The rear (east) portion of the property is undeveloped, with areas of asphalt and gravel. This portion of the property was previously used for vehicle parking. August 10, 2023 ITEM NO.: B (Cont.) FILE NO.: Z-2255-C 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: No comments. Entergy: No comments received. Summit Utilities: No comments. AT & T: No comments received. Central Arkansas Water: No comments received. Fire Department: Maintain Access: Fire Hydrants. Maintain fire apparatus access roads at fire hydrant locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.1 Access road width with a hydrant. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet, exclusive of shoulders. Grade Maintain fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.2 Grade. Fire apparatus access roads shall not exceed 10 percent in grade except as approved by the fire chief. If the grade exceeds 10 percent, approval will be denied and the applicant must submit request to be reviewed by Fire Chief for Approval. 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. August 10, 2023 ITEM NO.: B (Cont.) FILE NO.: Z-2255-C 3 Commercial and Industrial Developments – 2 means of access. - Maintain fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D104.1 Buildings exceeding three stories or 30 feet in height. Building or facilities exceeding 30 feet or three stories in height shall have at least two means of fire apparatus access for each structure. Section D104.2 Building exceeding 62,000 square feet in area. Buildings or facilities having a gross building area of more than 62,000 square feet shall be provide with two separate and approved fire apparatus access roads. Exception: Projects having a gross building area of up to 124,000 square feet that have a single approved fire apparatus access road when all building are equipped throughout with approved automatic sprinkler systems. D104.3 Remoteness. Where two fire apparatus access roads are required, they shall be placed a distance apart equal to not less than one half of the length of the maximum overall diagonal dimension of the lot or area to be served, measured in a straight line between accesses. 30’ Tall Buildings - Maintain aerial fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D105.1 – D105.4 D105.1 Where Required. Where the vertical distance between the grade plane and the highest roof surface exceed 30’, approved aerial fire apparatus access roads shall be provided. For the purposes of this section the highest roof surfaces shall be determined by measurement to the eave of a pitched roof, the intersection of a roof to the exterior wall, or the top of the parapet walls, whichever is greater. D105.2 Width. Aerial fire apparatus access roads shall have a minimum unobstructed with of 26’, exclusive of shoulders, in the immediate vicinity of the building or portion thereof. D105.3 Proximity to building. At least one of the required access routes meeting this condition shall be located within a minimum of 15 feet and a maximum of 30 feet from the building, and shall be positioned parallel to one entire side of 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 August 10, 2023 ITEM NO.: B (Cont.) FILE NO.: Z-2255-C 4 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. 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. August 10, 2023 ITEM NO.: B (Cont.) FILE NO.: Z-2255-C 5 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. If you have any additional questions please contact our office. Contact Capt. Tony Rhodes at (501) 918-3757, or Fire Marshal Derek N. Ingram (501) 918-3756. 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 a vehicle storage yard in conjunction with a vehicle towing and recovery business. The property is zoned I-2 with S. University Avenue frontage to the west and Geyer Springs Road frontage to the east. The front (west) portion of the property is occupied by a one-story commercial building which previously based an auto sales business. Paved parking is located along all sides of the building. The rear (east) portion of the property is undeveloped, with areas of asphalt and gravel. This portion of the property is fenced with chain-link fencing and was previously used for vehicle parking. A creek runs north/south through the rear portion of the property. August 10, 2023 ITEM NO.: B (Cont.) FILE NO.: Z-2255-C 6 The applicant proposes to use the rear (east) portion of the property for the storage of vehicles, in conjunction with a vehicle towing business. No new paving is proposing for the rear area of the property. All asphalt and gravel areas must be maintained. All signage must comply with Section 36-554 of the City’s Zoning Ordinance (signs permitted in industrial zones). Any dumpsters on the site must be screened as per Section 36-523 of the City’s Zoning Ordinance. Any site lighting must be low-level and directed away from adjacent properties. The rear portion of the property which will be devoted to the storage of vehicles must be screened as per Section 36-321 of the City’s Zoning Ordinance. This section is as follows: “Section 36-321(b)(1) states: Every use devoted to the collection, storage, salvage, or scrapping of automobiles, trucks, buses, or other self-propelled vehicles shall provide on all sides of such operations an eight (8) foot opaque wall or fence. The fence or wall shall be constructed of wood or metal so as to preclude the passage of light or air.” Staff is supportive of the requested conditional use permit to allow a vehicle storage yard in conjunction with a vehicle towing business. Staff believes the property at 5809 S. University Avenue is an appropriate location for the proposed use. I. STAFF RECOMMENDATION: Staff recommends approval of the requested CUP, subject to compliance with the comments and conditions outlined in paragraph F, and the staff analysis, of the agenda staff report. PLANNING COMMISSION ACTION: (JUNE 8, 2023) Staff informed the Commission that the application needed to be deferred to the July 13, 2023 agenda. The item was placed on the Consent Agenda for deferral to the July 13, 2023 agenda. The vote was 8 ayes, 0 nays, 1 absent and 2 open positions. The application was deferred. August 10, 2023 ITEM NO.: B (Cont.) FILE NO.: Z-2255-C 7 PLANNING COMMISSION ACTION: (JULY 13, 2023) The applicant failed to send the notifications to surrounding property owners as required. Staff recommends this application be deferred to the August 10, 2023, Planning Commission agenda. The vote was 9 ayes, 0 nays, 1 absent and 1 open position. The application was deferred. PLANNING COMMISSION ACTION: (AUGUST 10, 2023) The applicant failed to send the notifications to surrounding property owners as required. The application has previously been deferred two (2) times, which is the maximum allowed deferrals according to the Planning Commission bylaws. Therefore, staff recommended that the application be withdrawn, without prejudice. The application remained on consent agenda for withdrawal. There was a motion to withdraw the application and seconded. The vote was 8 ayes, 0 nays, 1 absent and 2 open positions. The application was withdrawn, without prejudice. August 10, 2023 ITEM NO.: C FILE NO.: Z-9788 NAME: Lovelace Daycare – Conditional Use Permit LOCATION: 8704 Oman Road DEVELOPER: Marquise Lovelace Quise Properties 12814 Cantrell Road Mabelvale, AR 72223 OWNER/AUTHORIZED AGENT: Marquise Lovelace (Owner) Quise Properties 12814 Cantrell Road Mabelvale, AR 72223 SURVEYOR/ENGINEER: N/A AREA: 0.77 acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 2 PLANNING DISTRICT: 1 CENSUS TRACT: 41.03 CURRENT ZONING: R-2 VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is requesting a Conditional Use Permit to allow a day care facility to be operated in the single-family residence on the R-2 zoned property located at 8704 Oman Road. The proposed day care family home will have a maximum of sixty to sixty-seven (60-67) children, with seven to ten (7-10) staff members at the location. August 10, 2023 ITEM NO.: C (Cont.) FILE NO.: Z-9788 2 B. EXISTING CONDITIONS: The site contains a 3,200 square foot, one-story, L-shaped building located south of the intersection of Poppy Road and Oman Road. Access to the rear yard is along Toombs Road. The residence contains a fence around the backyard of the building. R-2 zoning and uses are contained in all directions. 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. Entergy: No comments Summit Utilities: No comments. AT & T: No comments received. Central Arkansas Water: No comments received. Fire Department: Maintain Access: Fire Hydrants. Maintain fire apparatus access roads at fire hydrant locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.1 Access road width with a hydrant. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet, exclusive of shoulders. 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. August 10, 2023 ITEM NO.: C (Cont.) FILE NO.: Z-9788 3 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. If you have any additional questions, please contact our office. Contact Capt. Tony Rhodes at (501) 918-3757, or Fire Marshal Derek N. Ingram (501) 918-3756. Parks and Recreation: No comments received. County Planning: No comments. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. Landscape: No comments. August 10, 2023 ITEM NO.: C (Cont.) FILE NO.: Z-9788 4 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 a day care facility to be operated in the single-family residence on the R-2 zoned property located at 8704 Oman Road. The proposed day care family home will have a maximum of sixty to sixty-seven (60-67) children, with seven to ten (7-10) staff members at the location. The applicant proposes the hours of operation to be from 6:30 am to 6:30 pm, Monday through Friday. The site contains a 3,200 square foot, one-story, L-shaped building located south of the intersection of Poppy Road and Oman Road. Access to the rear yard is along Toombs Road. The residence contains a fence around the backyard of the building. R-2 zoning and uses are contained in all directions. The loading zone will be in front of the property adjacent to Oman Road. The proposal calls for new paving in this area, and a proposed fence will be constructed between the parking area and the building. A playground area will be added to the property, which will be located behind the new fence, close to the building. Another playground area is proposed behind the building in the rear of the property. Signage will comply with all zoning requirements (Section 36-553 of the code) and will be located near the Oman Road right-of-way. A new dumpster encloser will be added at the north-east corner of the parking area. The application calls for eleven (11) parking spaces at the location. Staff believes the parking will be sufficient to serve the proposed daycare use. Staff feels the proposed day care family home at this location will have no adverse impact on the general area. I. STAFF RECOMMENDATION: Staff recommends approval of the conditional use permit, subject to compliance with the comments and conditions outlined in paragraph E and the staff analysis of the agenda staff report. August 10, 2023 ITEM NO.: C (Cont.) FILE NO.: Z-9788 5 PLANNING COMMISSION ACTION: (JUNE 8, 2023) Staff informed the Commission that the application needed to be deferred to the July 13, 2023 agenda. The item was placed on the Consent Agenda for deferral to the July 13, 2023 agenda. The vote was 8 ayes, 0 nays, 1 absent and 2 open positions. The application was deferred. PLANNING COMMISSION ACTION: (JULY 13, 2023) The applicant failed to send the notifications to surrounding property owners as required. Staff recommends this application be deferred to the August 10, 2023, Planning Commission agenda. The vote was 9 ayes, 0 nays, 1 absent and 1 open position. The application was deferred. PLANNING COMMISSION ACTION: (AUGUST 10, 2023) The applicant was present representing the application. There was 1 person registered in opposition. Staff presented the item, and a recommendation of approval as outlined in paragraph E and the “staff recommendation” above. Troy Laha spoke in opposition. He raised concerns about traffic, parking and landscaping issues. There was general discussion about the project. There was a motion to approve the application. The motion was seconded. The vote was 8 ayes, 0 nays, 1 absent and 2 open positions. The application was approved. August 10, 2023 ITEM NO.: D FILE NO.: Z-5859-E NAME: David O. Dodd School – Revised Conditional Use Permit LOCATION: 6423 Stagecoach Road DEVELOPER: Josh Minton (Agent) Minton Engineering 300 Northpoint Drive Cabot, AR 72023 OWNER/AUTHORIZED AGENT: Little Rock School District (Owner) 810 W. Markham Little Rock, AR 72201 SURVEYOR/ENGINEER: Carhuff-Cueva 2930 N. Swan Road #210 Tucson, AZ 85712 AREA: 5.45 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 7 PLANNING DISTRICT: 12 CENSUS TRACT: 24.05 CURRENT ZONING: R-2 VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is requesting a conditional use permit to allow a charter school (Academies of Math & Science) to operate in the former David O. Dodd Elementary School site. The property is zoned R-2. The existing portable buildings will be removed from the site. The previous elementary school was closed in 2021. August 10, 2023 ITEM NO.: D (Cont.) FILE NO.: Z-5859-E 2 B. EXISTING CONDITIONS: The elementary school campus is located at the corner of Old Stagecoach Road and E. David O Dodd Road. The current structure on the site is 31,245 square feet and was built in 1980. This square footage does not include the four portable buildings at the rear of the property. The area surrounding the campus is primarily R-2, however the property to the south is zoned PD-C for the use as a single-family residence and special events center. 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. Will the number of students attending be less or similar as the previous school for the site? If the number of students attending is significantly higher than the previous school’s student population, a traffic impact study will be required by City staff to determine if any improvements are necessary on Stagecoach Rd. and/or E. David O Dodd Road to accommodate the increased traffic demand. 2. Future building permits will be required through the Department of Planning and Development for any building expansions of the school on site and be required to meet all state building codes and land alteration codes and ordinances adopted by the City of Little Rock. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: No comments. Entergy: No comments received. Summit Utilities: 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. August 10, 2023 ITEM NO.: D (Cont.) FILE NO.: Z-5859-E 3 Fire Department: Maintain Access: Fire Hydrants. Maintain fire apparatus access roads at fire hydrant locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.1 Access road width with a hydrant. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet, exclusive of shoulders. Grade Maintain fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.2 Grade. Fire apparatus access roads shall not exceed 10 percent in grade except as approved by the fire chief. If the grade exceeds 10 percent, approval will be denied and the applicant must submit request to be reviewed by Fire Chief for approval. Loading Maintain fire apparatus access road design as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D102.1 Access and loading. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of fire apparatus weighing at least 75,000 pounds. Commercial and Industrial Developments – 2 means of access. - Maintain fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D104.1 Buildings exceeding three stories or 30 feet in height. Building or facilities exceeding 30 feet or three stories in height shall have at least two means of fire apparatus access for each structure. Section D104.2 Building exceeding 62,000 square feet in area. Buildings or facilities having a gross building area of more than 62,000 square feet shall be provide with two separate and approved fire apparatus access roads. Exception: Projects having a gross building area of up to 124,000 square feet that have a single approved fire apparatus access road when all building are equipped throughout with approved automatic sprinkler systems. D104.3 Remoteness. Where two fire apparatus access roads are required, they shall be placed a distance apart equal to not less than one half of the length of the August 10, 2023 ITEM NO.: D (Cont.) FILE NO.: Z-5859-E 4 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. 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. August 10, 2023 ITEM NO.: D (Cont.) FILE NO.: Z-5859-E 5 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. 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. If you have any additional questions please contact our office. Contact Capt. Tony Rhodes at (501) 918-3757, or Fire Marshal Derek N. Ingram (501) 918-3756. Parks and Recreation: No comments received. County Planning: No comments received. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. Landscape: No comments. August 10, 2023 ITEM NO.: D (Cont.) FILE NO.: Z-5859-E 6 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 a charter school (Academies of Math & Science) to operate in the former David O. Dodd Elementary School site. The property is zoned R-2. The existing portable buildings will be removed from the site. The previous elementary school was closed in 2021. The area surrounding the campus is primarily R-2, however the property to the south is zoned PD-C for the use as a single-family residence and special events center. The elementary school campus is located at the corner of Old Stagecoach Road and E. David O Dodd Road. The current structure on the site is 31,245 square feet was constructed in 1980. The applicant proposes to construct a new, one-story, 10,000 square foot gymnasium surrounded by an 8,530 square feet of classroom space on the west and south side of the gymnasium. The existing 225 square foot storage building will be retained as part of the overall scope bringing the total square footage to 50,000 square feet for proposed charter school use. Two (2) existing play field/play areas and a basketball court are located in the rear portion of the property. The entire site is currently fenced with a chain-link fence to secure the property. Academies of Math & Science (AMS) is will service grades K-8. The proposed school enrollment is 600 to start, increasing gradually to 700 students. The school will be operated by thirty-five (35) employees. Two (2) gated drives will provide access to the school. One along Stagecoach Road and one along E. David O. Dodd Road approximately fifty (50) feet north of the dumpster area in the rear portion of the property. The site plan shows sixty-seven (67) parking spaces on the east of the school along E. David O. Dodd Road. There is a significant amount of driveway space on the site to allow for drop-off/pick-up queuing. Staff believes the parking is sufficient to serve the use. The applicant is proposing no new sight lighting at this time. Any new site lighting must be low-level and directed away from adjacent properties. August 10, 2023 ITEM NO.: D (Cont.) FILE NO.: Z-5859-E 7 The site plan shows a dumpster area in the rear of the school adjacent to the existing basketball court. The dumpster area must be screened as per Section 36-523 of the City’s Zoning Ordinance. An existing monument sign is located near the front entrance along Stagecoach Road. Any new signage must comply with Section 36-553 (signs allowed in office and institutional zones.) Staff is supportive of the requested CUP to allow the property’s continued use as a charter school including all site improvements. The existing portable buildings on the site will be removed as part of the new school project. The applicant is requesting no variances with this application. Staff feels that the expansion of the campus and proposed use of the property will have a positive impact on the general area and have no adverse impact on the surrounding residential properties. The site previously operated as an elementary school and was closed by the Little Rock School District in 2021. I. STAFF RECOMMENDATION: Staff recommends approval of the requested conditional use permit, subject to compliance with the comments and conditions outlined in paragraphs D and E, and the staff analysis, of the agenda staff report. PLANNING COMMISSION ACTION: (JULY 13, 2023) The applicant failed to submit complete traffic study information to staff as requested. Staff recommends this application be deferred to the August 10, 2023 Planning Commission agenda. The vote was 9 ayes, 0 nays, 1 absent and 1 open position. The application was deferred. STAFF UPDATE: The applicant submitted a traffic study to staff on July 28, 2023. The Department of Planning and Development Engineering Division has reviewed and approved the traffic study, with the following additional conditions: 1. Boundary street improvements are required for E. David O. Dodd Road per master street plan. Boundary street improvements shall include, but not be limited to, reconstruction of one-half section of the abutting street if the existing street is not up to city standards. Repair, replace, or extend existing damaged, missing, and noncompliant curb and gutter, sidewalk, access ramps or concrete driveway aprons August 10, 2023 ITEM NO.: D (Cont.) FILE NO.: Z-5859-E 8 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. 2. E. David O. Dodd Road is considered a local street per master street plan. Therefore, additional right of way shall be dedicated to the City of Little Rock equaling a total of twenty-five (25) feet from existing street centerline, or if there is a discrepancy between the existing street centerline and the centerline of the right of way, dedicate additional right of way as required by the City from the existing centerline of the right of way. 3. 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. 4. 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. As a result of the traffic study, the applicant has made the following changes to the proposed site plan: • Vehicle “Queue Lanes” have been added along the E. David O. Dodd (northeastern) property line. • Additional parking has been added between the “Queue Lanes” and the existing parking area. • Additional “Drop-off” and “Bypass” lanes have been added near the front entrance from Stagecoach Road. Staff continues to support the revised conditional use permit application, as noted in the “Staff Recommendation” above. PLANNING COMMISSION ACTION: (AUGUST 10, 2023) The applicant was present. There were no persons registered in opposition. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation” above. The item remained on the consent agenda for approval as recommended by staff, including all staff comments and conditions. The vote was 8 ayes, 0 nays, 1 absent and 2 open positions. The application was approved. August 10, 2023 ITEM NO.: E FILE NO.: Z-9795 NAME: Queen Beans – PD-C LOCATION: Northwest corner of Hermitage Road and Autumn Road DEVELOPER: Katie Mac (Queen Beans) 5400 Chenonceau Blvd Little Rock, AR 72225 OWNER/AUTHORIZED AGENT: Katie Mac (Queen Beans) (Owner) 5400 Chenonceau Blvd Little Rock, AR 72225 SURVEYOR/ENGINEER: Koda Engineering P.O. Box 26634 Bryant, AR 72022 AREA: 0.134 acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 6 PLANNING DISTRICT: 4 CENSUS TRACT: 24.07 CURRENT ZONING: R-2 VARIANCE/WAIVERS: The applicant is requesting two access variances from City Code 31-210 (e) (2) for this development. First, they are requesting one ingress and one egress access points on this property. The code requirement for distance between these two points is a minimum of 250 feet. The applicant is requesting a reduction to 61.45 feet. Second, the code requirement for distance of access points from property lines calls for a minimum of 125 feet. The applicant is requesting a reduction to 16.50 feet for the egress access on the west side of the property, and a reduction to 61.40 feet for the ingress access on the eastern portion of the property. August 10, 2023 ITEM NO.: E (Cont.) FILE NO.: Z-9795 2 A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is requesting to rezone the property from R-2 to PD-C in order to construct a Queen Beans (drive-thru only) coffee shop on a 5,848 square foot parcel. This tract of land is located adjacent to Chenal Parkway at the northwest corner of Hermitage Road and Autumn Road. B. EXISTING CONDITIONS: The property is in a primarily commercial area. The parcel is a triangular lot at the corner of Hermitage Road and Chenal approximately 5,848 square feet in area. The surrounding property designations include C-3 Commercial as well as PUD and PCD parcels. 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. Department engineering staff did not give approval for the traffic engineering consultant who performed the traffic impact study submitted to use an existing Queen Beans development in another city to estimate the volumes of vehicular trips this proposed development will generate. Traffic engineering consultant needs to use ITE Trip Gen. Category 938 (Coffee/Donut Shop with Drive-through and No Indoor Seating) for trip generation calculations. This is the closest official land use category that the consultant can use for this proposed development for analysis per ITE Trip Generation Manual. When Department engineering staff use ITE Code 938 for trip generation calculations (360 sq.ft.), staff outputs 124 trips for AM Peak hour (IN & OUT combined), instead of 26 trips combined per the submitted traffic impact study. The expected queuing for this many trips will block Hermitage Road & Autumn Road intersection as well as Chenal Pkwy. & Autumn Road intersection. This anticipated queueing will shut down both intersections creating adverse traffic operations for the traveling public and business owners in the area. Traffic impact study shall be revised, re-evaluated, and resubmitted for Department engineering staff’s review. 2. Future building permits will be required through the Department of Planning and Development for any new buildings on site and be required to meet all state building codes and land alteration codes and ordinances adopted by the City of Little Rock. 3. 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 August 10, 2023 ITEM NO.: E (Cont.) FILE NO.: Z-9795 3 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. 4. Any infrastructure within public right of way that is currently damaged or damaged during construction will be repaired or replaced at developer’s expense before a final certificate of occupancy can be released for the building. This includes but not limited to the following: noncompliant curb and gutter, asphalt, sidewalk, accessible ramps, storm drainage infrastructure, or concrete driveway aprons. All work within the public right-of- way shall conform to City of Little Rock Public Works Standard Details and ADA accessibility requirements. 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. 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. 8. Per City Code 31-210 (e) (2) for collector streets, driveway spacing shall be two- hundred fifty (250) 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 twenty-five (125) feet. Revise driveway on site plan to meet above requirements accordingly or request a variance from this City Code requirement from the Planning Commission on the planned zoning development application. 9. If a grading permit is not required for the proposed site work, all construction work must include appropriate drainage and erosion control measures (i.e., silt fencing, mulching, hydro-seeding, etc.) to protect the municipal storm water drainage system and neighboring properties from sediment runoff. New development may be subject to inspections for compliance. August 10, 2023 ITEM NO.: E (Cont.) FILE NO.: Z-9795 4 E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: 1. A sewer extension may be required. Please submit wastewater plans to LRWRA for review and approval. Entergy: No comments received. Summit Utilities: No comments. AT & T: No comments received. Central Arkansas Water: No comments received. Fire Department: Maintain Access: Fire Hydrants. Maintain fire apparatus access roads at fire hydrant locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.1 Access road width with a hydrant. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet, exclusive of shoulders. Grade Maintain fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.2 Grade. Fire apparatus access roads shall not exceed 10 percent in grade except as approved by the fire chief. If the grade exceeds 10 percent, approval will be denied and the applicant must submit request to be reviewed by Fire Chief for Approval. 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. August 10, 2023 ITEM NO.: E (Cont.) FILE NO.: Z-9795 5 Section D104.1 Buildings exceeding three stories or 30 feet in height. Building or facilities exceeding 30 feet or three stories in height shall have at least two means of fire apparatus access for each structure. Section D104.2 Building exceeding 62,000 square feet in area. Buildings or facilities having a gross building area of more than 62,000 square feet shall be provide with two separate and approved fire apparatus access roads. Exception: Projects having a gross building area of up to 124,000 square feet that have a single approved fire apparatus access road when all building are equipped throughout with approved automatic sprinkler systems. D104.3 Remoteness. Where two fire apparatus access roads are required, they shall be placed a distance apart equal to not less than one half of the length of the maximum overall diagonal dimension of the lot or area to be served, measured in a straight line between accesses. 30’ Tall Buildings - Maintain aerial fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D105.1 – D105.4 D105.1 Where Required. Where the vertical distance between the grade plane and the highest roof surface exceed 30’, approved aerial fire apparatus access roads shall be provided. For the purposes of this section the highest roof surfaces shall be determined by measurement to the eave of a pitched roof, the intersection of a roof to the exterior wall, or the top of the parapet walls, whichever is greater. D105.2 Width. Aerial fire apparatus access roads shall have a minimum unobstructed with of 26’, exclusive of shoulders, in the immediate vicinity of the building or portion thereof. D105.3 Proximity to building. At least one of the required access routes meeting this condition shall be located within a minimum of 15 feet and a maximum of 30 feet from the building, and shall be positioned parallel to one entire side of 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. Parks and Recreation: No comments received. County Planning: No comments. August 10, 2023 ITEM NO.: E (Cont.) FILE NO.: Z-9795 6 F. BUILDING CODES/LANDSCAPE: Building Codes: No comments received. Landscape: 1. Any new site development must comply with the City’s minimal landscape and buffer ordinance requirements. Refer to the Code of Ordinances, Chapter 15 Landscaping and Tree Protection, and Chapter 36, Article IX – Buffers and Screening. 2. A land use buffer equivalent to 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. 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 required screening shall extend the full length of a property where any outside activity is located for ten (10) feet on either side of such activity. The activities to be screened include, but are not limited to, parking lots, drives, sanitation areas, commercial static display of merchandise, loading docks, utility service facilities and heating and air conditioning equipment. Where development which requires screening abuts land use of a more restrictive nature at least eighty (80) percent of the view of the vehicular use area and parked vehicles shall be screened to not be visible when viewed from the adjacent property. A wooden fence may satisfy sixty-five (65) percent of the requirement and evergreen trees may be used to satisfy the balance. Screening standards are intended to apply during all seasons of the year. A minimum of fifty (50) percent of the trees and a minimum of seventy-five (75) percent of the shrubs to be used for screening purposes shall be evergreen varieties. Maximum spacings of fifteen (15) feet for trees and three (3) feet for shrubs should normally be utilized in order to provide continuous full screening of the view. 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. A perimeter planting strip is required along any side of a vehicular use area that abuts adjoining property, or the right-of-way of any street. This strip shall be at least nine (9) feet wide. One (1) tree and three (3) shrubs or vines shall be planted for every thirty (30) linear feet of perimeter planting strip. 5. Building landscape areas shall be provided at the rate equivalent to planter strip three (3) feet wide along the vehicular use area. One (1) tree and four (4) shrubs August 10, 2023 ITEM NO.: E (Cont.) FILE NO.: Z-9795 7 shall be planted in the building landscape areas for each forty (40) linear feet of vehicular use area abutting the building. 6. The interior landscape area of the vehicular use area shall, at a minimum, equal eight percent (8%) of the vehicular use area and must be designated for green space; this green space needs to be evenly distributed throughout the parking area(s). The minimum size of an interior landscape area shall be one hundred fifty (150) square feet for developments with one hundred fifty (150) or fewer parking spaces. Interior islands must be a minimum seven and one half (7 1/2) feet in width. Trees shall be included in the interior landscape areas at the rate of one (1) tree for every twelve (12) parking spaces. Please indicate the square footage of the areas considered for the interior landscape area. 7. An automatic irrigation system to water landscaped areas shall be required for developments of one (1) acre or larger. Developments of less than one (1) acre shall have a water source within seventy-five (75) feet of the plants to be irrigated. 8. All lawn areas shall be sodded with a regionally appropriate turfgrass species. There should be no hydroseeding. 9. Evergreen shrubs should be containerized. All shrubs are to be a minimum of 18 inches in height at installation. 10. At least fifty (50) percent of landscape areas shall be covered by live plant material at the time of plant maturity. 11. The development of two (2) acres or more requires the landscape plan to be stamped with the seal of a Registered Landscape Architect. 12. 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 I-430 Planning District. The Land Use Plan shows Commercial (C) for the requested area. The Commercial (C) category includes a broad range of retail and wholesale sales of products, personal and professional services, and general business activities. Commercial activities vary in type and scale, depending on the trade area that they serve. The application is to rezone from R-2 to PD-C for a drive-thru coffee shop. Surrounding the application area, west of Autumn Road on both sides of Chenal Parkway is an area of Commercial (C). The Commercial (C) category includes a broad August 10, 2023 ITEM NO.: E (Cont.) FILE NO.: Z-9795 8 range of retail and wholesale sales of products, personal and professional services, and general business activities. Commercial activities vary in type and scale, depending on the trade area that they serve. This area has restaurants, home furnishing retail, electronics retail, mini-storage and strip commercial uses. East of Autumn Road on both sides of Financial Center Parkway is an area of Mixed Office Commercial (MOC). The Mixed Office and 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. Within this area are strip commercial centers, offices, banking, and medical offices and institutions. The area of MOC was amended by Ordinance 20847 in 2014 from Public/Institutional (PI) and Commercial areas. Public/Institutional (PI) uses are public and quasi-public facilities that provide a variety of services to the community such as schools, libraries, fire stations, churches, utility substations, and hospitals. This site is in the Chenal Parkway Overlay District. Master Street Plan: Chenal Parkway is a Principal Arterial with alternate design on the Master Street Plan Map. Principal Arterials are roads designed to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Right-of-Way (ROW) of 100 feet is required. Sidewalks are required on both sides. Access may need to be limited to ensure traffic flow and pedestrian safety. Autumn Road is a Collector on the Master Street Plan Map. The primary function of a Collector Road is to provide a connection from Local Streets to Arterials or activity centers with the secondary function of providing access to adjoining property. Standard Right-of-Way is 60 feet. Sidewalks are required on one side. Hermitage Road is a local street on the Master Street Plan. A Local Street which abuts non-residential or residential use which is more intense than duplex or two-unit residential is a Commercial Street. Commercial Streets have the same design standard as a Collector. Right-of-way is 60’. Sidewalks are required on both sides. These streets may require dedication of additional right-of-way and may require street improvements. Bicycle Plan: There are no existing or proposed bike routes adjacent to or through this land. Historic Preservation Plan: There are no Historic Sites or Districts in the vicinity. August 10, 2023 ITEM NO.: E (Cont.) FILE NO.: Z-9795 9 H. ANALYSIS: The applicant is requesting to rezone the property from R-2 to PD-C in order to construct a Queen Beans (drive-thru only) coffee shop on a 5,848 square foot parcel. This tract of land is located adjacent to Chenal Parkway at the northwest corner of Hermitage Road and Autumn Road. The property is in a primarily commercial area. The parcel is a triangular lot at the corner of Hermitage Road and Chenal approximately 5,848 square feet in area. The surrounding property designations include C-3 Commercial as well as PUD and PCD parcels. The applicant is requesting two access variances from City Code 31-210 (e) (2) for this development. First, they are requesting one ingress and one egress access points on this property. The code requirement for distance between these two points is a minimum of 250 feet. The applicant is requesting a reduction to 61.45 feet. Second, the code requirement for distance of access points from property lines calls for a minimum of 125 feet. The applicant is requesting a reduction to 16.50 feet for the egress access on the west side of the property, and a reduction to 61.40 feet for the ingress access on the eastern portion of the property. It is staff’s opinion that though the entire area has developed as a major commercial corridor for the City of Little Rock, this parcel is too small for the proposed development. We feel this development could cause a traffic issue at an already highly traveled intersection. I. STAFF RECOMMENDATION: Staff recommends denial of the requested PD-C zoning. PLANNING COMMISSION ACTION: (JULY 13, 2023) The applicant submitted a letter to staff on July 6, 2023, requesting this application be deferred to the August 10, 2023, Planning Commission agenda. Staff supports the deferred request. The vote was 9 ayes, 0 nays, 1 absent and 1 open position. The application was deferred. PLANNING COMMISSION ACTION: (AUGUST 10, 2023) Staff informed the Commission that the applicant requested the application be deferred to the September 14, 2023 Agenda. Staff supported the deferral request. The application was August 10, 2023 ITEM NO.: E (Cont.) FILE NO.: Z-9795 10 placed on the Consent Agenda for deferral to the September 14, 2023 Agenda. The vote was 8 ayes, 0 nays, 1 absent and 2 open positions. The application was deferred. August 10, 2023 ITEM NO.: F NAME: Hillcrest Design Overlay District amendment LOCATION: Hillcrest: generally, from Markham Street to L Street-North Lookout Road- Allsopp Park Road and University Avenue to Woodrow Street OWNER/AUTHORIZED AGENT: Hillcrest Residents Association Luke Kramer/Bruce McMath AREA: approximately 841 acres WARD: 3 PLANNING DISTRICT: 4 CENSUS TRACT: 15.01,15.02 CURRENT ZONING: Various BACKGROUND: The Hillcrest residential and commercial neighborhood area of Little Rock was nominated to the National Register of Historic Places in 1990 as the Hillcrest Historic District. Since 1992, the historic district has not been reevaluated and the impact of alterations and demolitions over the decades is largely undetermined. In 2020, a resurvey of the district in phrases through a four-year process has been initiated. The full resurvey of the district will not be complete until 2025. In the mid-1990s there were efforts initiated by the neighborhood to create a Local Ordinance District for the Hillcrest Historic District. A local ordinance district is an area in which historic sites and their setting are protected by a public review process. The grassroot efforts by the neighborhood did not result in an official submission to the Historic District Commission and an LOD was never considered formally at a public hearing. Concerns for the neighborhood retaining its historic fabric and built heritage in the face of demolitions and incompatible development have remained a concern over the decades. A primary concern is that Hillcrest will suffer the same development pattern as the Heights neighborhood at the expense of historic structures and housing size diversity. The Heights neighborhood, though historic, has never been able to achieve National Register Historic District listing since too many historic structures have been replaced by modern homes. August 10, 2023 ITEM NO.: F (Cont.) 2 Without an established Local Ordinance District to manage change in Hillcrest, there was a desire to develop additional zoning regulations to manage the new development of the Hillcrest neighborhood. From 2005 through 2007, the Hillcrest Residents Association (HRA) held meetings to discuss the formation of a Design Overlay District (DOD). In 2008, the DOD was officially adopted to “help maintain the built environment in a neighborhood that is rich in history and architectural character and consists of both a vital residential area and a thriving commercial sector.” It contained no restrictions on demolition and no regulations of architectural style or character. The president of the HRA at the time described it as a compromise. It’s regulations focus on measurable lot and building features, such as allowable building square footage, height, lot coverage, front yard setbacks, etc. In 2010, the HRA and the Hillcrest Merchants Association (HMA) worked together to amend the DOD, to include unfinished spaces in the floor-to-area ratio calculations, while crawlspaces, decks and other open areas were excluded. Front yard setbacks were decreased by ten feet and language was added to require new residences to provide parking. In 2018, the HRA formed the Design Overlay District (DOD) Committee to study demolitions and the impact of the DOD in Hillcrest since 2002. The DOD committee was formed with both proponents and opponents of the 2008 DOD. The committee had concerns that the existing DOD does not achieve what it was established to achieve for the neighborhood. The committee has 7 members. In 2020, the DOD Committee presented its first set of recommendations to amend the current DOD to better address development concerns. Additional comments were received and a final package of changes was approved by the HRA Board in late 2022 and presented to the city in early 2023. A. PROPOSAL/REQUEST: Recommended proposals from the Hillcrest Residents Association DOD Committee include: 1. Modifying side yard setbacks to more resemble historic side yard setbacks, promoting an appropriate historic width between houses found throughout the neighborhood. 2. Including height and width restrictions for additions in order to keep buildings as a contributing structure within the historic district. 3. Restricting the size on new construction homes to less than an existing structure with an addition, to encourage the renovation of existing historic buildings instead of teardowns. August 10, 2023 ITEM NO.: F (Cont.) 3 4. Require walkable sidewalks to promote pedestrian traffic. 5. Limit construction on commercial buildings to not overwhelm our historic commercial core and require a front entrance on the main street instead of toward a parking lot, promoting foot traffic. B. EXISTING CONDITIONS/ZONING: Hillcrest is a developed historic neighborhood with its own commercial district, originally developed as Pulaski Heights and now a neighborhood of Little Rock. The bulk of the area is zoned R-3, Single Family District and R-2, Single Family District with a scattering of R-2, Two-Family District zoning. Much of this land is developed with single-family houses and duplexes. There are three concentrations of Multifamily zoning. One is in the southwest corner of the neighborhood (A to C Streets between Pierce and Polk Streets). The area is mostly zoned R-5, Urban Residential District. The second is along the northside of the neighborhood commercial district from Monroe Street to Rose Street. This area is also predominantly zoned R-5. The third is along Cedar Street north of Kavanaugh Boulevard to Valentine Street. Again, the area is mostly zoned R-5. The neighborhood commercial district is generally along Kavanaugh Boulevard from Monroe Street to Walnut Street. There is a large area of PR, Park zoning between South Lookout Road and Cedar Hill Road from Kavanaugh Boulevard to Cantrell Road. This is Allsopp Park. The zoning of the commercial District is a mix of C-3, General Commercial District and Planned Commercial Development Districts (PCDs). C. NEIGHBORHOOD NOTIFICATIONS: The Hillcrest Residents Association conducted a number of community meetings and neighborhood outreach initiatives through their process. Upon the receipt of HRA’s application in February, the Planning & Development Department created a webpage in March to provide information and receive public comments. On March 3rd, 2023, the department mailed a letter to property owners within the Hillcrest Design Overlay notifying of a public information meeting to be held on March 23rd, 2023 at the Pulaski Heights United Methodist Church. The information meeting hosted by department staff was held on March 23, 2023 with seventy- seven (77) property owners attending. G. TRANSPORTATION/PLANNING: Land Use Plan: The Land Use Plan Map shows the majority of the area as RL, Low Density Residential. The Residential Low Density (RL) category provides for single family homes at densities not to exceed 6 units per acre. Such residential development August 10, 2023 ITEM NO.: F (Cont.) 4 is typically characterized by conventional single family homes, but may include patio or garden homes and cluster homes, provided that the density remain less than 6 units per acre. This land is developed residential lots with single-family homes and duplexes. There are eight areas of Public Institutional (PI) scattered in the Residential Low Density area. The Public Institutional (PI) 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. Five of these areas are churches and three area schools (one of the churches includes a school). There are three areas of Residential High Density (RH) in the area. The Residential High Density (RH) category accommodates residential development of more than twelve (12) dwelling units per acre. One is in the southwest corner of the neighborhood, between Polk Street and Pierce Street from B Street to Markham Street. The second is along the north side of the Kavanaugh commercial district from Monroe Street to Holly Street. The third is along Cedar Street north of Kavanaugh Boulevard to Valentine Street. There is a Commercial (C) area shown along Kavanaugh Boulevard from Monroe Street to Walnut Street. The Commercial (C) category includes a broad range of retail and wholesale sales of products, personal and professional services, and general business activities. Commercial activities vary in type and scale, depending on the trade area that they serve. Finally, there is a large PK/OS area on the Land Use Plan Map from Kavanaugh Boulevard to Cantrell and from South Lookout Road to Cedar Hill Road. The Park/Open Space (PK/OS) category includes all public parks, recreation facilities, greenbelts, flood plains, and other designated open space and recreational land. Master Street Plan: Within the area of review there is one Minor Arterial, Van Buren-Kavanaugh Boulevard. And seven Collectors: Evergreen, North Lookout Road-Allsopp Park Road, Kavanaugh Boulevard, Lee Avenue and Pine/Cedar Street. 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 Van Buren- Kavanaugh Boulevard since it is a Minor Arterial. This Arterial has an alternate design standard of 70 Right-of-Way with a three-lane section. The primary function of a Collector Road is to provide a connection from Local Streets to Arterials. Bicycle Plan: Within the area of review there are two Class I, bike Paths proposed. There are four Class III, Bike Routes also shown in the area. A Bike Path is to be a paved August 10, 2023 ITEM NO.: F (Cont.) 5 path physically separate for the use of bicycles. Additional right-of-way or an easement is recommended. Nine-foot paths are recommended to allow for pedestrian use as well (replacing the sidewalk). There is a Bike Path shown on the Plan Map in Allsopp Park paralleling Cedar Hill Road. A second Bike Path is proposed along Coleman Creek from Markham to Lee Avenue. Bike Routes require no additional right-of-way, but either a sign or pavement marking to identify and direct the route. There is a Class III Bike Route shown along Kavanaugh Boulevard through the area. A second Bike Route is shown along Lee Avenue from University Avenue then along Woodlawn Drive to Kavanaugh Boulevard. The third Bike Route is along Monroe from Markham to ‘B’ Street then along ‘B’ Street, then Cedar to Hill Street. The fourth is along Van Buren Street from Markham, then ‘A’ Street then Jackson Street. Historic Preservation Plan: The Overlay includes all the Hillcrest National Register Historic District except for Knoop Park and all the Downs Historic District. The Hillcrest Historic District includes 1,381 resources with 1,010 Contributing structures and 9 Independently Listed sites and a period of significance from 1890-1940. The Downs Historic District includes 19 resources with 17 contributing structures and a period of significance from 1965-1971. H. ANALYSIS: Due to concerns about the potential of changes to the character of the Hillcrest neighborhood, the Hillcrest Residents Association (HRA) made efforts to develop amended regulations. The original Design Overlay District proposed to the City in 2007 was a compromise reach within the HRA organization. In 2010, the HRA and the Hillcrest Merchants Association (HMA) worked together to amend the DOD, to include unfinished spaces in the floor-to-area ration calculations, while crawlspaces, decks and other open areas were excluded. Front yard setbacks were decreased by ten feet and language was added to require new residences to provide built-in parking. In 2018, the HRA formed the Design Overlay District (DOD) Committee to study demolitions, alterations and additions in Hillcrest since 2002. The HRA invited ‘known’ opponents of the DOD to sit on the committee to balance the proponents. The committee has 7 members. In 2020, the DOD Committee presented its first set of recommendations to amend the current DOD. During 2020 and 2021 HRA developed educational flyers and held virtual meetings over the summer of 2020 (due to COVID). The DOD committee reviewed concerns expressed about the proposals. The proposal was amended in the winter of 2022 and made public via the HRA website in March 2022. In January 2023, the HRA August 10, 2023 ITEM NO.: F (Cont.) 6 Board approved the proposed changes, and a request was submitted to the city to amend the Hillcrest DOD ordinance. City Staff arranged a meeting at Pulaski Heights United Methodist Church (Thursday March 23, 2023) and set up a webpage in early March 2023 to share the proposals and receive comments from the community. Notices were sent to over 2300 property owners on March 3, 2023. The Arkansas Legislature passed the Private Property Rights Act, Act 1002 of 2015. This Act is designed in part to limit governmental regulatory programs that might reduce the market value of private property in Arkansas. A regulatory program is defined to include a Design Overlay District unless it specifically carries out or protects the adopted plans of a government that are designed to protect the health, safety or welfare of the citizens. This Act sets a 20 percent threshold on the economic impact to a property. The first proposed change is an amendment to the ‘Statement of Purpose and Intent’ and further defines incompatible construction to include out-of-scale construction and development and avoidable demolitions. Proposal 1 Incorporate Side Yard Setbacks. • Modify HDOD to include minimum combined side yard setback equal to 28% of the average lot width, with a minimum side yard setback of 10% of lot width per side, the minimum requirement not to exceed a total of 17.5’. This proposal increases the minimum side yard setbacks based on a percentage of the lot and an additional minimum on one side. This amendment reduces the buildable area through further restricting setbacks. The understood aim of this provision is to adjust allowed setbacks to preserve the existing form and scale of the neighborhood from being changed by out-of-scale construction built to the currently allowed limits. The base zoning currently requires a 5-to-8-foot setback on each side. This would be a reduction of around 20 percent in the width of the ‘typical’ lots getting permits within the neighborhood. Thus, Staff has concern about whether this might trigger ACT1002 of 2015. Proposal 2 Modify FAR for Reuse of Existing Structures. August 10, 2023 ITEM NO.: F (Cont.) 7 • Add a definition for “reuse existing structure”. To qualify as a reuse of the existing structure, the front three (3) sides and associated roof framing, up to the back wall, must be retained as the exterior front portion of the house. • Modify HDOD to establish the FAR for Additions to Existing Structures, as follows: • Single story - 37% (currently 37%) • Two-story – 45% (currently 50%) • Basements and attics located within the reused portion of a structure are not counted against the FAR. This proposal adds a definition for ‘Reuse of Existing Structure’ to the ordinance. If a project qualified as a ‘Reuse of Existing Structure’, the FAR would stay the same for one-story structures at 37% and basements and attics would be exempt from counting against the FAR. For two-story structures, the FAR would be 45%, which is 5% less than the current regulations. The proposal is to encourage the transformation of existing structures in ways that will maintain contributing elevations and the existing streetscape. This appears to reduce the allowable Floor-to-Area Ratio (FAR) no more than 10 percent and with exceptions possibly even less for a lot the size of ‘typical’ lots within the neighborhood which have been seeing permit activity. Proposal 3 Create Floor to Area Ratio (FAR) for Sites Without Existing Structures, or for Sites where there is not a “reuse of the existing structure” as defined in  37% for single-story, and 40% for multi-story structures, to include all heated and cooled space other than basements, or the size of the immediately preexisting structure, whichever is greater. ‘Proposal 3’ works with ‘Proposal 2’ and is for sites that would not qualify as a ‘Reuse of Existing Structure’ such as vacant lots, demolished structures, or projects which do not retain the front three sides and associated roof framing of the existing structure. These sites would have an FAR of 37% for one-story structures, the same as the existing regulations, and a 40% FAR for multi-story structures, which is a reduction from 50 and 55 percent, including all heated-cooled space except basements. However, the new structure may have the same area as the removed structure even if it exceeds the 40 percent FAR. The purpose is to preserve the existing structures and/or scale of the neighborhood and discourage tearing down existing structures that currently define the neighborhood’s built identity. This proposal would result in a reduction of the FAR August 10, 2023 ITEM NO.: F (Cont.) 8 by around 20 percent for lot sizes common in the district who do not utilize the reuse of existing structure option. Thus, Staff has concern about whether this might trigger ACT1002 of 2015. Proposal 4 Establish Typical Sidewalk Width and Locations. • Repair or replace any existing sidewalk as per municipal code 30-48. • Install a sidewalk if half or more of the block, determined in linear feet,has a sidewalk, the width to be 4' or to match existing walk, whichever is greater. This proposal adds a requirement of a four-foot-wide sidewalk (width of the existing sidewalk if wider). This would only be in blocks where there is an existing sidewalk for at least half the length of the block. The purpose of this proposal is to promote the maintenance and improvement of the neighborhood’s sidewalk infrastructure. The Little Rock standard for a sidewalk is five feet in width. This is codified in both the Master Street Plan and the Boundary Street Ordinance of the City. In addition, the city currently has an exception for a single house on a platted lot - not requiring a sidewalk or street improvements. Thus, Staff is concerned about consistency across regulating documents. Proposal 5 With regard to any non-residential zoned property. • The HDOD should require an entrance facing the street. When a building is located with frontage on two streets, the entrance shall face the street having the higher classification according to the city Master Street Plan. In the instance that development occurs at the intersection of two collectors and one being Kavanaugh Boulevard, the entrance shall face Kavanaugh Boulevard. This proposal is for entrances of non-residential structures to be on the Master Street Plan higher classified street (more major). It also would favor Kavanaugh Boulevard if both streets were the same classification. This proposal is intended to avoid commercial buildings being constructed with the building’s back to the main street. This should only have minor ‘design’ impacts for any future development or redevelopment, with minimal to no cost impacts and support good urban design in the commercial areas of the neighborhood. August 10, 2023 ITEM NO.: F (Cont.) 9 Proposal 6 With regard to the existing DOD ordinance § 36-434.14 (A), it appears there is a drafting error that would allow unlimited floor area for houses on lots larger than 10,000 sq. feet, which was never intended. The committee recommends deleting the last sentence in that section to rectify the problem, which currently reads: Any lot of record or any combination of lots creating a zoning lot of record exceeding 10,000 sq. feet in existence at the time of the adoption of this section shall have a FAR as described for lots exceeding 8,000 sq. feet. This proposal is intended to correct what was believed to be a drafting error by deleting the last sentence of section 36-434.14 (A) – “Any lot of record or any combination of lots creating a zoning lot of record exceeding 10,000 square feet in existence at the time of adoption of this section shall have a FAR as described for lots exceeding 8,000 square feet.” This statement is somewhat redundant, and its removal should not have an impact on any future development within the DOD area. Assessing the packet of proposals, Staff believes the proposals would be ineffective in addressing the primary concerns of the neighborhood. The stated purpose (existing and proposed) largely speaks to maintaining the rich history of the built environment and architectural character of the neighborhood and discouraging avoidable demolitions. The proposals do not attempt to regulate or guide building form, detailing, or architectural character. The proposals are unable to prevent unnecessary demolitions. Moreover, the further limitation and reduction of the possible building area and footprint by Proposal 3 and Proposal 4, might trigger ACT 1002 of 2015, without achieving the stated neighborhood goals of preservation and compatibility. Staff is not an expert on FAR’s, reduction of buildable area, and their effect on home values. Further study is needed into the possible effects of Proposal 3 and Proposal 4 in relation to ACT 1002 of 2015. Staff cannot support the application as filed. I. STAFF RECOMMENDATION: Staff recommends denial of the application as filed. PLANNING COMMISSION ACTION: (AUGUST 10, 2023) Staff presented the item and a recommendation for denial as outlined in the “staff recommendation” above. Several people where registered representing both the applicant and the opposition. August 10, 2023 ITEM NO.: F (Cont.) 10 Chris Parker, representing the Hillcrest Residents Association, addressed the Commission in favor of the application. He expressed the success of the Design Overlay District (DOD) established in 2008 in relation to both preserving the community and its property values. He said using lot coverage and setbacks is a common tool in regulating zoning. He expressed the proposed changes to the DOD were minimal and the changes were what was best for the Hillcrest residents. He also stated that the changes would not trigger ACT 1002 of 2015 and that staff was misinterpreting the Act. Rachel Pattern, Executive Director of Preserve Arkansas, addressed the Commission in favor of the application. She stated she has worked with the Hillcrest Residents Association (HRA) since 2018 and Preserve Arkansas has honored the HRA twice for their efforts in Historic Preservation. She said the changes to the DOD would contribute to preserving historical housing in Hillcrest and that the Hillcrest community was unique not only in Little Rock, but in the state. Thomas Ferstl, a Hillcrest Resident, spoke to the Commission in opposition to the applicant. He stated that increases in property values in Hillcrest cannot be directly associated with the establishment of the DOD. He expressed that the HRA Board and the DOD Committee does not represent most Hillcrest residents. Mr. Ferstl said most homes exceeding the proposed Floor Area Ratios (FAR) were built before 1941 and most new builds were outside the Historic District including the new homes with the highest FAR’s. He also stated that the existing DOD has been successful in preventing new builds with high FAR’s and that FAR ratios have gone down since 2008. He said Hillcrest is not in danger of losing its historical status. G. Dennis, a Hillcrest Resident, spoke to the Commission in opposition to the applicant. She stated that her disapproval with the application was mostly about the process. She expressed that there appears to be no problems with the current DOD and there is no data to back up the proposed changes. She also expressed that the HRA represents a small number of residents. Chris Parker, representing the Hillcrest Residents Association, gave a rebuttal to the opposition. Mr. Parker expressed that multiple factors affect property values and the changes to the DOD would not drop property values by the 20% to trigger ACT 1002 of 2015. He also stated that the FAR of older homes was irrelevant because you could build back to the size of an existing home if these structures where demolished. Paul Crawford, a Hillcrest resident, spoke in favor of the applicant. He stated that he had been involved in the 2008 DOD and that these changes were intended to improve upon the current standard. Alex Crawford, a Hillcrest resident, spoke in favor of the applicant. He expressed the time of building 1300-1500 s.f. homes were over, and that building larger homes prices out first-time buyers. August 10, 2023 ITEM NO.: F (Cont.) 11 Charlotte Crawford, a Hillcrest resident, spoke in favor of the applicant. She said the DOD changes would help retain the character, originality, and uniqueness of the Hillcrest community. Bill Rector, a Hillcrest resident, spoke in favor of the applicant. He stated the DOD changes will not affect the property values of Hillcrest and the changes were intended to get ahead of the problem of houses filling lots. Carol Young, a Hillcrest resident, spoke in favor of the applicant. She expressed the old homes in Hillcrest cannot be replaced and the guidelines proposed in the application were modest. Commission Questions: Why is staff not in support of the application? Jamie Collins, Little Rock Director of Planning and Development, stated the main reason staff does not support the application is the reduction in setbacks and FAR’s in relation to home values is not known. Further study needs to be done in the effect of home values and if their effects could trigger Act 1002 of 2015. The Commission asked for the city attorney’s opinion. Mr. Overton stated the City’s Attorney’s office had no opinion yet and that the applications affect on property values in not known. Final Statements: Chris Parker, representing the Hillcrest Residents Association in favor of the application, stated the proposed DOD amendment changes would not trigger ACT 1002 of 2015. He stated the reason the Act has never been challenged is because the way it is written there is no way to present a case. Brandon Harbent, a Hillcrest resident opposed to the application, stated he does not care what someone does with their property, but does not want to be told what to do with his. He expressed that the DOD should be left the way it is currently. Discussion was closed. There was a motion to approve the application. The motion was seconded. The vote was 0 for, 7 against, 1 recusal, 1 absent and 2 open positions. The application was denied. August 10, 2023 ITEM NO.: 1 FILE NO.: S-1844-E NAME: Copper Run Phases 6 thru 8 – Preliminary Plat LOCATION: South end of Copper Drive (south of Pride Valley Road) DEVELOPER: Layman Lane 6, LLC 12521 Kanis Road Little Rock, AR 72211 OWNER/AUTHORIZED AGENT: Layman Lane, LLC – Owner Joe White and Associates - Agent SURVEYOR/ENGINEER: Joe White and Associates, Inc. 25 Rahling Circle, Suite A-2 Little Rock, AR 72223 AREA: 44.15 acres NUMBER OF LOTS: 128 FT. NEW STREET: 5,120 LF WARD: 5 PLANNING DISTRICT: 18 CENSUS TRACT: 42.07 CURRENT ZONING: PD-R and R-2 VARIANCE/WAIVERS: 1. Advance grading variance 2. Variances for reduced building setbacks. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes to subdivide 44.15 acres of property into 128 lots for single family residential development. The subdivision will include phases 6 through 8 of the Copper Run residential development. August 10, 2023 ITEM NO.: 1 (Cont.) FILE NO.: S-1844-E 2 B. EXISTING CONDITIONS: The property is currently undeveloped and wooded. 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. 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. 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., 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. 4. 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. August 10, 2023 ITEM NO.: 1 (Cont.) FILE NO.: S-1844-E 3 5. 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). 6. Per City Rev. Code 29-99, stormwater detention for developments is required. Provide stormwater detention infrastructure to satisfy this requirement. 7. Where is Tract Q located on the plat? 8. Per City Code 31-89 (5) for a preliminary plat, a storm drainage preliminary analysis is required showing drainage data for all watercourses entering and leaving the plat boundaries. The storm drainage analysis shall be prepared in sufficient detail to illustrate the proposed system’s capability of accommodating storm events as required by the stormwater management and drainage manual. The preliminary plat shall also show drainage arrows indicating how drainage arrives at the site and drainage arrows how it leaves the site post development. Indicate where the storm sewer pipes and curb inlets are located within the development also. Additionally, provide profile and cross-sectional views of the detention structure outlet/spillway and detention calculations for the 25- and 100-year storm for the proposed detention pond/structure. Delineation of the drainage areas pre and post construction with respective discharges via rational method shall also be shown. The preliminary plat shall also contain all information as outlined in City Code Sec. 31-89 and 31-90. 9. Per City Code 31-434, a 50% maintenance bond for all street and stormwater infrastructure constructed within the public right of way shall be submitted to Department engineering staff prior to recording 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. 10. Per City Code 31-117, as built stormwater drainage infrastructure information/data shall be submitted 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. 11. Per City Rev. Code 31-403 the Department requires street lighting plans to be submitted to the Department for review and approval before filing and recording of the final plat for the subdivision. The street lighting plans required shall include conduit and pull/junction box locations, street luminaire locations and mounting heights, wire sizes, current photometric data for the proposed fixtures, and subdivision street photometrics using the proposed fixtures that meet AASHTO Roadway Lighting Design Guide standards. 12. Department engineering staff is required to perform a final inspection of all street and stormwater infrastructure construction within the public right of August 10, 2023 ITEM NO.: 1 (Cont.) FILE NO.: S-1844-E 4 way. City maintenance of the street and stormwater drainage infrastructure within the public right of way cannot officially begin until final acceptance by Department engineering staff. This needs to be completed and accepted by Department engineering staff prior to recording of the final plat. 13. 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. 14. Street design standards shall comply with the latest version of the AASHTO A Policy on Geometric Design of Highways and Streets, City’s Master Street Plan (2018), and City’s Standard Details for street and drainage facilities improvements (2015). 15. Street stormwater and detention infrastructure design standards shall comply with the City’s Stormwater Management and Drainage Manual (2016) including City Code Chapters 29, 30, and 31. 16. Street pavement, sidewalks, curb and gutter, curb inlets, junction boxes, accessible ramps, and storm sewer infrastructure shall comply with City’s specifications for construction as outlined in City Code Chapters 30. 17. The culverts for the twenty (20) feet wide secondary emergency access road at the low water crossing shall convey/carry the 100 year design storm discharge/flowrate with no overtopping of the secondary emergency access road. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: Submit the wastewater infrastructure plans to LRWRA for review and approval. Entergy: No comments received. Summit Utilities: 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. August 10, 2023 ITEM NO.: 1 (Cont.) FILE NO.: S-1844-E 5 Fire Department: Maintain Access: Fire Hydrants. Maintain fire apparatus access roads at fire hydrant locations as per Appendix D of the 2021 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 2021 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 2021 Arkansas Fire Prevention Code Vol. 1 Section D102.1 Access and loading. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of fire apparatus weighing at least 75,000 pounds. Dead Ends. Maintain fire apparatus access roads at dead end locations as per Appendix D of the 2021 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 2021 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. August 10, 2023 ITEM NO.: 1 (Cont.) FILE NO.: S-1844-E 6 3. Construction of gates shall be of material that allow manual operation by one person. 4. Gate components shall be maintained in an operable condition at all times and replaces or repaired when defective. 5. Electric gates shall be equipped with a means of opening the gate by fire department personnel for emergency access. Emergency opening devices shall be approved by the fire code official. 6. Manual opening gates shall not be locked with a padlock or chain and padlock unless they are capable of being opened by means of forcible entry tools or when a key box containing the keys to the lock is installed at the gate location. 7. Locking device specifications shall be submitted for approval by the fire code official. 8. Electric gate operators, where provided, shall be listed in accordance with UL 325. 9. Gates, intended for automatic operation shall be designed, constructed and installed to comply with requirements of ASTM F 2200. One- or Two-Family Residential Developments. As per Appendix D, Section D107.1 of the Arkansas Fire Prevention Code Vol. 1, One- or Two-Family dwelling residential developments. Developments of one- or two-family dwellings where the number of dwelling units exceeds 30 shall be provided with two separate and approved fire apparatus access roads, and shall meet the requirements of Section D104.3. Exceptions: 1. Where there are more than 30 dwelling units on a single public or private fire apparatus access road and al dwelling units are equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3 of the Arkansas Fire Code, access from two directions shall not be required. 2. The number of dwelling units on a single fire apparatus access road shall not be increased unless fire apparatus access roads will connect with future development, as determined by the fire code official. Fire Hydrants Locate Fire Hydrants as per Appendix C of the 2021 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. August 10, 2023 ITEM NO.: 1 (Cont.) FILE NO.: S-1844-E 7 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 proposes to subdivide 44.15 acres of property into 128 lots for single family residential development. The subdivision will include Phases 6 through 8 of the Copper Run residential development as follows: Phase 6 – 43 lots Part of Tract O Tract P Phase 7 – 41 lots Part of Tract O Phase 8 – 44 lots Part of Tract O The proposed lots will range in size from 0.13 acre to 0.17 acre. There will be 5,120 linear feet of new streets with the proposed development. A 90 foot wide right-of-way will be dedicated along the south property line of the overall property to accommodate a future east/west minor arterial roadway, as shown on the City’s Master Street Plan. A 30 foot wide secondary access will extend from Ironwood Way, between Lots 134 and 135, to the future east/west minor arterial roadway. The applicant is requesting a variance to advance grade Phases 7 and 8 with the grading of Phase 6. The applicant notes that the advance grading of Phases 7 and 8 will reduce the amount of earthen material that will have to be hauled across city streets. Staff supports the advance grading request. August 10, 2023 ITEM NO.: 1 (Cont.) FILE NO.: S-1844-E 8 Sections 36-254(d) 1 thru 3 of the City’s Zoning Ordinance requires minimum front building setbacks of 25 feet, minimum rear building setbacks of 25 feet and minimum side setbacks of 8 feet or 10 percent of the lot width. The applicant is requesting a variance to allow 20 foot front and rear setbacks and 5 foot side setbacks for the lots that are wider than 50 feet. Staff is supportive of the requested variance, as the proposed setbacks are the same as those within the existing Copper Run Subdivision. To staff’s knowledge there are no outstanding issues associated with the proposed preliminary plat. Staff is supportive of the proposed preliminary plat. The continuation of the Copper Run single family subdivision should have no adverse impact on the surrounding properties. I. STAFF RECOMMENDATION: Staff recommends approval of the requested preliminary plat, subject to compliance with the comments and conditions outlined in paragraphs D and E, and the staff analysis, of the agenda staff report. PLANNING COMMISSION ACTION: (AUGUST 10, 2023) The applicant was present representing the application. There were 5 persons registered in opposition. Staff presented the item and a recommendation for approval as outline in paragraphs D and E, and the “staff recommendation” above. Brian Dale, representing the applicant, requested to amend the application from phases 6 thru 8 to just phase 6; stating he wanted to work with planning staff on a Master Street Plan alignment. Jonathan Brown spoke in opposition. He raised concerns about lighting, traffic issues and construction working hours. Ross Phillips and Cindy Alberding spoke in opposition. They raised concerns about the project tying into an existing sewer improvement district without submitting the pre-agreed upon fee that was agreed on in phases 1 thru 5. Cathianne Watkins submitted a handout to the commission in reference to a lawsuit that the sewer improvement district has with the existing developer of Phase 1 thru 5 of Copper Run Subdivision. There was general discussion about the project. There was a motion to approve the application as amended by the applicant. The motion was seconded. The vote was 6 ayes, 2 nays, 1 absent and 2 open positions. The application was approved. August 10, 2023 ITEM NO.: 2 FILE NO.: S-1882-A NAME: The Grove at Old Oak – Preliminary Plat LOCATION: North end of Old Oak Drive, west of Black Street DEVELOPER: Calex Enterprises, LLC 3615 Doral Drive Little Rock, AR 72212 OWNER/AUTHORIZED AGENT: Calex Enterprises, LLC – Owner Joe White and Associates - Agent SURVEYOR/ENGINEER: Joe White and Associates 25 Rahling Circle, Suite A-2 Little Rock, AR 72223 AREA: 3.46 acres NUMBER OF LOTS: 14 FT. NEW STREET: 400 linear feet WARD: 4 PLANNING DISTRICT: 1 CENSUS TRACT: 42.14 CURRENT ZONING: R-2 VARIANCE/WAIVERS: 1. Waiver of ½ street improvements to Black Street A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes to subdivide 3.46 acres into 14 lots for single family residential development. B. EXISTING CONDITIONS: The property is currently undeveloped and mostly tree covered. A small pond is located within the north half of the property. August 10, 2023 ITEM NO.: 2 (Cont.) FILE NO.: S-1882-A 2 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. 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. 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., 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. 4. 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. 5. 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). August 10, 2023 ITEM NO.: 2 (Cont.) FILE NO.: S-1882-A 3 6. Per City Rev. Code 29-99, stormwater detention for developments is required. Provide stormwater detention infrastructure to satisfy this requirement. 7. Per City Code 31-89 (5) for a preliminary plat, a storm drainage preliminary analysis is required showing drainage data for all watercourses entering and leaving the plat boundaries. The storm drainage analysis shall be prepared in sufficient detail to illustrate the proposed system’s capability of accommodating storm events as required by the stormwater management and drainage manual. The preliminary plat shall also show drainage arrows indicating how drainage arrives at the site and drainage arrows how it leaves the site post development. Indicate where the storm sewer pipes and curb inlets are located within the development also. Additionally, provide profile and cross-sectional views of the detention structure outlet/spillway and detention calculations for the 25- and 100-year storm for the proposed detention pond/structure. Delineation of the drainage areas pre and post construction with respective discharges via rational method shall also be shown. The preliminary plat shall also contain all information as outlined in City Code Sec. 31-89 and 31-90. 8. Per City Code 31-434, a 50% maintenance bond for all street and stormwater infrastructure constructed within the public right of way shall be submitted to Department engineering staff prior to recording 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. 9. Per City Code 31-117, as built stormwater drainage infrastructure information/data shall be submitted 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. 10. Per City Rev. Code 31-403 the Department requires street lighting plans to be submitted to the Department for review and approval before filing and recording of the final plat for the subdivision. The street lighting plans required shall include conduit and pull/junction box locations, street luminaire locations and mounting heights, wire sizes, current photometric data for the proposed fixtures, and subdivision street photometrics using the proposed fixtures that meet AASHTO Roadway Lighting Design Guide standards. 11. Department engineering staff is required to perform a final inspection of all street and stormwater infrastructure construction within the public right of way. City maintenance of the street and stormwater drainage infrastructure within the public right of way cannot officially begin until final acceptance by Department engineering staff. This needs to be completed and accepted by Department engineering staff prior to recording of the final plat. August 10, 2023 ITEM NO.: 2 (Cont.) FILE NO.: S-1882-A 4 12. 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. 13. Street design standards shall comply with the latest version of the AASHTO A Policy on Geometric Design of Highways and Streets, City’s Master Street Plan (2018), and City’s Standard Details for street and drainage facilities improvements (2015). 14. Street stormwater and detention infrastructure design standards shall comply with the City’s Stormwater Management and Drainage Manual (2016) including City Code Chapters 29, 30, and 31. 15. Street pavement, sidewalks, curb and gutter, curb inlets, junction boxes, accessible ramps, and storm sewer infrastructure shall comply with City’s specifications for construction as outlined in City Code Chapters 30. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: Submit the wastewater infrastructure plans to LRWRA for review and approval. Entergy: No comments received. Summit Utilities: 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. Storm water detention should not be directed toward the existing water utilities. Fire Department: Maintain Access: Fire Hydrants. August 10, 2023 ITEM NO.: 2 (Cont.) FILE NO.: S-1882-A 5 Maintain fire apparatus access roads at fire hydrant locations as per Appendix D of the 2021 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 2021 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 2021 Arkansas Fire Prevention Code Vol. 1 Section D102.1 Access and loading. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of fire apparatus weighing at least 75,000 pounds. Dead Ends. Maintain fire apparatus access roads at dead end locations as per Appendix D of the 2021 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. 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. August 10, 2023 ITEM NO.: 2 (Cont.) FILE NO.: S-1882-A 6 Fire Hydrants Locate Fire Hydrants as per Appendix C of the 2021 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 proposes to subdivide 3.46 acres of property into 14 lots for single family residential development. The applicant has provided the following information for the project: “The developer for this project would like to subdivide this property into a zero-lot line patio home development. This project contains approximately 3.46 acres and is located northeast of 4703 Old Oak Drive. The lot sizes proposed are approximately 0.10 acres, and the developer is proposing fourteen lots. The parcel is currently zoned R-2. The applicant is proposing to connect Old Oak Drive to Black Street as required on the Master Street Plan.” Section 31-234 of the City’s Subdivision Ordinance provides the following requirements for zero-lot-line developments: “Submission of a plat creating a zero-lot-line development shall be accompanied by a generalized site plan showing the proposed locations and dimensions of all buildings, accessory uses and other improvements. Platted building lines shall be shown on all sides of August 10, 2023 ITEM NO.: 2 (Cont.) FILE NO.: S-1882-A 7 each lot for purposes of delineating the maximum buildable area of each lot and specify the zero-lot-line yard.” Section 31-232 requires a minimum lot width of 35 feet and a minimum lot depth of 100 feet for zero-lot-line developments. The applicant is proposing the following minimum building setbacks for the preliminary plat: Front: 25 feet minimum Rear: 25 feet minimum Side: 0 feet / 5 feet Lots 1, 3, 5, 8, 10, 12 and 14 will have zero (0) side building setbacks along their east side property lines and five (5) foot side setbacks along the west property lines. Lots 2, 4, 6, 7, 9, 11 and 13 will have zero (0) side setbacks along their west side property lines and five (5) foot setbacks along the east property lines. Tracts A, B and C will primarily be utilized for storm water detention. All of the proposed lots conform with the minimum lot width, lot depth and lot area requirements of city code. The applicant is requesting a waiver of the required ½ street improvements to Black Street as follows: “The developer will dedicate ½ the required right of way for Black Street as required. However, the developer is requesting a separate vote for the waiver of the ½ street requirements to be constructed along Black Street. The bridge is out on Black Street south of Cantrell Road and we understand there are no plans or funding to replace the bridge. Since this development doesn’t have any lots that front on Black Street, it doesn’t appear there are any justifications for the developer to construct these improvements.” Staff is supportive of the requested waiver of street improvements to Black Street. The applicant is providing a no vehicular access easement along the Black Street frontage. To staff’s knowledge, there are no outstanding issues associated with the proposed preliminary plat. Staff is supportive of the requested plat. The proposed plat is for four (4) single family lots per acre of property, which is under the typical single family density of six (6) lots per acre. Staff believes the proposed plat will have no adverse impact on the surrounding properties. August 10, 2023 ITEM NO.: 2 (Cont.) FILE NO.: S-1882-A 8 I. STAFF RECOMMENDATION: Staff recommends approval of the requested preliminary plat, subject to compliance with the comments and conditions outlined in paragraphs D and E, and the staff analysis, of the agenda staff report. PLANNING COMMISSION ACTION: (AUGUST 10, 2023) The applicant was present, representing the application. There were 9 persons registered in opposition. Staff presented the item and a recommendation for approval as outlined in paragraphs D and E and the “staff recommendation” above. Brian Dale, who was representing the applicant, was present and explained the project. Jennifer Pierce, Lee Greeson, Sonja Thornes, Nancy Robinson Lott, Andy Hill, Jonathan Kazem, Regina Norwood Brenda Henson and Richard Thomason spoke in opposition. They all raised concerns about traffic issues, and some requested a gate be installed at the end of Old Oak Drive. There was general discussion about the project. There was a motion to defer the application. The motion was seconded. The vote was 6 ayes, 2 nays, 1 absent and 2 open positions. The application was deferred to the September 14, 2023, Agenda. August 10, 2023 ITEM NO.: 3 FILE NO. Z-4807-V NAME: Discount Tire – Conditional Use Permit LOCATION: West of 16100 Chenal Parkway DEVELOPER: Riverside Properties, LLC P.O. Box 3157 Little Rock, AR 72223 OWNER/AUTHORIZED AGENT: Riverside Properties, LLC – Owner Vasquez Engineering – Agent SURVEYOR/ENGINEER: Vasquez Engineering, LLC 1919 S. Shiloh Road, Suite 440 Garland, TX 75042 AREA: 1.64 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 5 PLANNING DISTRICT: 19 CENSUS TRACT: 42.16 CURRENT ZONING: C-3 VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is requesting a conditional use permit to allow a new retail tire store on the C-3 zoned property west of 16100 Chenal Parkway. B. EXISTING CONDITIONS: The property is undeveloped and mostly grass covered. The property generally slopes downward from north to south, and east to west. August 10, 2023 ITEM NO.: 3 (Cont.) FILE NO.: Z-4807-V 2 C. NEIGHBORHOOD NOTIFICATIONS: All owners of property located within 300 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. Provide accessible route from the public right of way to the proposed building entrance in accordance with 2021 Arkansas Fire Prevention Code Section 1104.1. 3. Van accessible stall shall be eleven (11) foot minimum wide with a five (5) foot wide minimum accessible aisle per ICC a117.1. 4. 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. 5. Any work involving one (1) or more acres of disturbed area requires a State of Arkansas NPDES permit. Contact the Arkansas Department of Environmental Quality, NPDES branch at 501-682-0744 for applications and information about General Stormwater Discharge Construction Permit #ARR150000. 6. 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., Engineering Division at 501-371-4817 or at 501-918-5348 or email Permits@littlerock.gov. 7. Any infrastructure within public right of way that is currently damaged or damaged during construction will be repaired or replaced at developer’s expense before a final certificate of occupancy can be released for the building. August 10, 2023 ITEM NO.: 3 (Cont.) FILE NO.: Z-4807-V 3 This includes but not limited to the following: noncompliant curb and gutter, asphalt, sidewalk, accessible ramps, storm drainage infrastructure, or concrete driveway aprons. All work within the public right-of-way shall conform to City of Little Rock Public Works Standard Details and ADA accessibility requirements. 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 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. 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: Submit the wastewater infrastructure plans (including the oil/water separator) to LRWRA for review and approval. Entergy: No comments received. August 10, 2023 ITEM NO.: 3 (Cont.) FILE NO.: Z-4807-V 4 Summit Utilities: 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. 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. 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 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. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. The facilities on-site will be private. When meters are planned off private lines, private facilities shall be installed to Central Arkansas Water's material and construction specifications and installation will be inspected by an engineer, licensed to practice in the State of Arkansas. Execution of Customer Owned Line Agreement is required. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW's Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire sprinkler systems which do not contain additives such as antifreeze shall be isolated with a double detector check valve assembly. If additives are used, a reduced pressure zone backflow preventer shall be required. August 10, 2023 ITEM NO.: 3 (Cont.) FILE NO.: Z-4807-V 5 Fire Department: Maintain Access: Fire Hydrants. Maintain fire apparatus access roads at fire hydrant locations as per Appendix D of the 2021 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 2021 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 2021 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 2021 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. August 10, 2023 ITEM NO.: 3 (Cont.) FILE NO.: Z-4807-V 6 Fire Hydrants Locate Fire Hydrants as per Appendix C of the 2021 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: The Landscape Plan, as submitted, is acceptable. However, please make note on the plan that all shrubs are to be a minimum of 18 inches in height at installation. The nandina is listed as 12 inches in height. 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 a new retail tire store on the C-3 zoned property located west of 16100 Chenal Parkway. The applicant submitted the following information on the project: “Halle Properties, L.L.C. (Discount Tire Company) will be leasing an approximate 1.64-acre tract just west of 16100 Chenal Parkway from Riverside Properties, LLC. Discount Tire intends to develop the property for an approximate 6,295 SF retail tire store with its associated drives and parking areas. Discount Tire Company only sells and mounts tire and wheels no other automotive mechanical services are conducted. All work is conducted inside the building and no used tires are stored outside or inside the dumpster enclosure.” The proposed hours of operation will be as follows: August 10, 2023 ITEM NO.: 3 (Cont.) FILE NO.: Z-4807-V 7 “Monday – Friday hours are 8:00 AM to 6:00 PM, Saturday hours are 8:00 AM to 5:00 PM, and Sunday the store is closed.” Section 36-502 (b) (3)g. of the City’s Zoning Ordinance requires a minimum of 30 parking spaces for the proposed tire store use. A total of 34 parking spaces will be located on the north, south and east sides of the proposed building. The proposed parking complies with code requirements. The proposed project will utilize the existing asphalt driveway from Chenal Parkway which runs along the east property line and also serves the development to the east. A dumpster area will be located at the northwest corner of the site. The dumpster area must be screened as per Section 36-523 of the code. The development will include a retaining wall which will be located along the north, east and west perimeters of the site. The wall will range in height from four (4) feet to 10 feet. The wall must be engineered and constructed to meet code requirements. All site signage must comply with Section 36-349 (d) (1) (signs allowed in the Chenal / Financial Center Design Overlay District). All site lighting must conform with Section 36-349 (d) (2) (lighting requirements for the Chenal / Financial DOD). To staff’s knowledge, there are no outstanding issues associated with the proposed conditional use permit application. The applicant is requesting no variances. Staff is supportive of the requested conditional use permit to allow a tire shop at this location. Staff views the request as reasonable, as this general area along Chenal Parkway contains a mixture of commercial uses. The proposed use will not be out of character with the general area. I. STAFF RECOMMENDATION: Staff recommends approval of the requested conditional use permit, 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: (AUGUST 10, 2023) The applicant was present. There were no persons registered in opposition. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation” above. The item remained on the consent agenda for approval as recommended by staff, including August 10, 2023 ITEM NO.: 3 (Cont.) FILE NO.: Z-4807-V 8 all staff comments and conditions. The vote was 8 ayes, 0 nays, 1 absent and 2 open positions. The application was approved. August 10, 2023 ITEM NO.: 4 FILE NO.: Z-9807 NAME: Rezoning from I-2 to R-3 LOCATION: 2718 Welch Street OWNER/AUTHORIZED AGENT: Stephanie R. Tucker (Owner) 2706 Welch Street Little Rock, AR 72206 SURVEYOR/ENGINEER: Harbor 5800 Evergreen Drive Little Rock, AR 72205 AREA: 0.15 acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 1 PLANNING DISTRICT: 7 CENSUS TRACT: 5 CURRENT ZONING: I-2 VARIANCE/WAIVERS: None requested. A. ROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes to rezone 0.15-acre site located at 2718 Welch Street from I-2 to R-3 to allow for the development of a single-family residence. B. EXISTING CONDITIONS: The site is currently undeveloped. Trees are sparsely located throughout the property. There is a mixture of zoning and uses in all directions of the site. The City’s Future Land Use Plan shows Mixed Use (MX) for the requested area. C. NEIGHBORHOOD NOTIFICATIONS: All owners of property located within 300 feet of the site and all neighborhood associations registered with the City of Little Rock were notified of the public hearing. August 10, 2023 ITEM NO.: 4 (Cont.) FILE NO.: Z-9807 2 D. ENGINEERING COMMENTS: No comments. E. UTILITIES/FIRE DEPARTMENT/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: No comments received. Fire Department: 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 2021 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. Landscape: No comments. August 10, 2023 ITEM NO.: 4 (Cont.) FILE NO.: Z-9807 3 G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. Planning Division: The request is in the I-30 Planning District. The Land Use Plan shows Mixed Use (MX) for the requested area. This category provides for a mixture of residential, office and commercial uses to occur. A Planned Zoning District is required if the use is entirely office or commercial or if the use is a mixture of the three. The application is to rezone from I-2 (Light Industrial District) to R-3 (Single Family District). Surrounding the application area is a large area of Mixed Use (MX) with a Faith-Based Institution, upholstery supply, auto services, and single-family homes. West and south is a Service Trades District (STD) with distribution warehouses, athletic fields and a discount retail store. The Service Trades District (STD) category provides for a selection of office, warehousing, and industrial park activities that primarily serve other office service or industrial businesses. This is intended to allow support services to these businesses and to provide for uses with an office component. A Planned Zoning District is required for any development not wholly office. East of the Mixed Use (MX) is Light Industrial (LI) with distribution warehouses. The Light Industrial category provides for light warehouse, distribution or storage uses, and/or other industrial uses that are developed in a well-designed "park like" setting. Master Street Plan: Welch Street is a local street on the Master Street Plan. Local Streets are roads designed to provide access to adjacent property with the movement of traffic being a secondary purpose. The standard Right-of-way is 50’. Sidewalks are required on one side. This street may require dedication of right-of-way and may require street improvements. Bicycle Plan: There are no existing or proposed bike routes adjacent to or through this land. Historic Preservation Plan: There are no Historic Sites or Districts in the vicinity. August 10, 2023 ITEM NO.: 4 (Cont.) FILE NO.: Z-9807 4 H. ANALYSIS: The applicant proposes to rezone 0.15-acre site located at 2718 Welch Street from I-2 to R-3 to allow for the development of a single-family residence. The site is currently undeveloped. Trees are sparsely located throughout the property. There is a mixture of zoning and uses in all directions of the site. The City’s Future Land Use Plan shows Mixed Use (MX) for the requested area. This category provides for a mixture of residential, office and commercial uses to occur. The requested R-3 zoning does not require an amendment to the Land Use Plan. Staff is in support of the requested rezoning from I-2 to R-3 to allow for the development of a single-family residence. Staff feels the proposal is in character with the neighborhood and will have no adverse impact on the area. The subdivision was originally platted for single family homes in 1912. I. STAFF RECOMMENDATION: Staff recommends approval of the requested R-3 rezoning. PLANNING COMMISSION ACTION: (AUGUST 10, 2023) Staff informed the Commission that the applicant failed to send the required notifications to surrounding property owners. Staff recommended the application be deferred to the September 14, 2023 Agenda. The application was placed on the Consent Agenda for deferral to the September 14, 2023 Agenda. The vote was 8 ayes, 0 nays, 1 absent and 2 open positions. The application was deferred. August 10, 2023 ITEM NO.: 5 FILE NO.: LU2023-20-01 NAME: 18404 Cantrell Road LOCATION: Northeast corner of Cantrell Road and Valley Ranch Drive OWNER/AUTHORIZED AGENT: Brian Dale; Authorized Agent Joe White & Associates 25 Rahling Circle, Suite A-2 Little Rock, AR 72223 (501)217-9141 AREA: 4.6 acres +/- WARD: 5 PLANNING DISTRICT: 20 CENSUS TRACT: 42.05 CURRENT ZONING: O-3 and R-2 BACKGROUND: The requested change area is at the northeast corner of Cantrell Road and Valley Ranch Drive. The subject site is in the Pinnacle Planning District and the Highway 10 Design Overlay District. This Land Use Plan Map amendment application accompanies a Zoning Map amendment request. It is the applicant’s intent to rezone the site to a General Commercial District (C-3); (File Z-9811). A. PROPOSAL/REQUEST: The application is to amend the Land Use Map from Office (O) and Mixed Use (MX) to Commercial (C). The Commercial (C) category includes a broad range of retail and wholesale sales of products, personal and professional services, and general business activities. The Office (O) category represents services provided directly to consumers (e.g., legal, financial, medical) as well as general offices which support more basic economic activities. The Mixed-Use category provides for a mixture of residential, office and commercial uses to occur. A Planned Zoning District is required if the use is entirely office or commercial or if the use is a mixture of the three. August 10, 2023 ITEM NO.: 5 (Cont.) FILE NO.: LU2023-20-01 2 B. EXISTING CONDITIONS/ZONING: The requested area is comprised of three parcels. The parcel in the southeast portion is currently vacant. The previous residential structure was demolished in 2017. The parcel in the northwest has about an acre of pasture and about three acres of woodland. A third parcel at the southwest corner is approximately 35 feet wide and 130 feet long angled from southwest to northeast is about one tenth acre. There are two parcels of less than one half acre when combined that are midway of the application area’s southern boundary. North along Valley Ranch Drive are two office buildings, past which is a gated subdivision with patio homes, a long-term care rehabilitation facility, and a developed subdivision. East along Cantrell Road are Planned Commercial Developments (PCD) with retail, restaurants, and office uses. West along Cantrell Road is a private school on the north and on the south. August 10, 2023 ITEM NO.: 5 (Cont.) FILE NO.: LU2023-20-01 3 C. NEIGHBORHOOD NOTIFICATIONS: All Neighborhood Associations notified prior to planning commission meetings. G. TRANSPORTATION/PLANNING: Land Use Plan: Surrounding the application area to the east is an area of Mixed Use (MX) with large developed residential tracts, a liquor store, auto repair business and an office. The Mixed-Use category provides for a mixture of residential, office and commercial uses to occur. A Planned Zoning District is required if the use is entirely office or commercial or if the use is a mixture of the three. North of the application site is an area of Office (O) with offices, a rehab facility, and a subdivision developed with townhomes. East of the townhomes is an area of Residential Low Density (RL) with a developed subdivision. The Residential Low Density (RL) category provides for single family homes at densities not to exceed 6 dwelling August 10, 2023 ITEM NO.: 5 (Cont.) FILE NO.: LU2023-20-01 4 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. To the west of the site, across Valley Ranch Drive, is a partially wooded tract of pasture in a Suburban Office (SO) district. The Suburban Office (SO) category provides 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. South of Cantrell Road to the east is an area of Mixed Use (MX) with two sit-down restaurants, a trailer park, a vacant wooded lot and a large tract with a single-family home. South of Cantrell Road to the west is a small Suburban Office (SO) district with two large tracts, surrounded by Residential Low Density with single-family residences and a developed single-family subdivision. Master Street Plan: Cantrell Road is a Principal Arterial on the Master Street Plan. Principal Arterials are roads designed to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Dedication of additional right-of-way may be required to allow for future expansion to six through lanes plus left and right turn lanes. Standard Right-of-Way (ROW) of 110 feet is required. Sidewalks are required on both sides. Valley Ranch Drive is shown on the Master Street Plan as a Collector. The primary function of a Collector Road is to provide a connection from Local Streets to Arterials or activity centers with the secondary function of providing access to adjoining property. Standard Right-of-Way is 60 feet. Sidewalks are required on one side. August 10, 2023 ITEM NO.: 5 (Cont.) FILE NO.: LU2023-20-01 5 Bicycle Plan: Cantrell Road is shown on the Master Bike Plan with a proposed Bikeway-1, Path. Class I Bike Paths are a route designated for the sole use of bicycles that is physically separated from vehicular lanes. Historic Preservation Plan: There are no historic districts or structures in the immediate area. H. ANALYSIS: The application area is located at the northeast corner of the Cantrell Road and Valley Ranch Drive intersection. The application area covers approximately 4.6 acres. The northern boundary follows a floodway from west to east. The western boundary follows Valley Ranch Drive for about 430 feet. The southern boundary is along Cantrell Road. The frontage on Cantrell is about 150 feet from Valley Ranch Drive to an area of about half an acre with retail commercial use that occupies about 100 feet of access to Cantrell Road, the application area then fronts Cantrell Road for another 200 feet. This section along Cantrell Road has access areas across the curb. There have been three Land Use Plan Amendments in the last 20 years. LU2014-04 (Ord. 20921) in 2014 amended the area to the northeast which became Valley Ranch subdivision from Office to Residential Low Density. LU2021-19-01 (Ord. 22003) in 2021 amended approximately 4 acres from Suburban Office to Commercial to the east and south of Cantrell Road. LU2022-19-01 (Ord. 22157) in 2022 amended approximately 1.6 ac southwest of Valley Ranch Drive and Cantrell Road from Residential Low Density to Suburban Office. To the east of the application area on the north side of Cantrell Road the Land Use is shown as an area of Mixed Use. This Mixed Use area is completely zoned with Planned Commercial Developments. I. STAFF RECOMMENDATION: Staff recommends approval of the applicant’s request to amend the land use designation at the subject site from Residential Low Density (RL) to Commercial (C). August 10, 2023 ITEM NO.: 5 (Cont.) FILE NO.: LU2023-20-01 6 PLANNING COMMISSION ACTION: (AUGUST 10, 2023) This item was placed on consent agenda for approval. By a vote of 8 for, 0 against, 1 absent, and 2 vacant the consent agenda was approved. August 10, 2023 ITEM NO.: 5.1 FILE NO.: Z-9811 NAME: Rezoning from R-2 and O-3 to C-3 LOCATION: Northeast of the Cantrell Road / Valley Ranch Drive intersection (18404 Cantrell Road) DEVELOPER: FC Grass Farms LLC and 18404 Cantrell LLC (Owner) 6020 Ranch Drive, Suite C-7 Little Rock, AR 72223 OWNER/AUTHORIZED AGENT: Brian Dale (Agent) Joe White & Associates, Inc. 24 Rahling Circle Little Rock, AR 72223 SURVEYOR/ENGINEER: Joe White & Associates, Inc. 24 Rahling Circle Little Rock, AR 72223 AREA: 4.618 acre NUMBER OF LOTS: 2 FT. NEW STREET: 0 LF WARD: 5 PLANNING DISTRICT: 7 CENSUS TRACT: 42.05 CURRENT ZONING: R-2 and O-3 VARIANCE/WAIVERS: None requested. A. ROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes to rezone a 4.618-acre, 2 lot site located at 18404 Cantrell Road from R-2 and O-3 to C-3 to allow for future commercial development. B. EXISTING CONDITIONS: The site is currently undeveloped. Trees and heavy brush are located throughout the property. There is a mixture of zoning and uses in all directions of the site. The August 10, 2023 ITEM NO.: 5.1 (Cont.) FILE NO.: Z-9811 2 City’s Future Land Use Plan shows Office (O) and Mixed Use (MX) for the requested area. C. NEIGHBORHOOD NOTIFICATIONS: All owners of property located within 300 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. Entergy: No comments received. Summit Energy: No comments. 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 2021 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 2021 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 2021 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 August 10, 2023 ITEM NO.: 5.1 (Cont.) FILE NO.: Z-9811 3 access road with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of fire apparatus weighing at least 75,000 pounds. Commercial and Industrial Developments – 2 means of access - Maintain fire apparatus access roads as per Appendix D of the 2021 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 2021 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. Landscape: No comments G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. Planning Division: The request is in the Pinnacle Planning District. The Land Use Plan shows Office (O) and Mixed Use (MX) for the requested area. The Office (O) category represents services provided directly to consumers (e.g., legal, financial, medical) as well as general offices which support more basic economic activities. The Mixed Use (MX) category provides for a mixture of residential, office and commercial uses to occur. A Planned Zoning District is required if the use is entirely office or commercial or if the use is a mixture of the three. There is an accompanying Land Use Plan amendment to Commercial (C) for this site. The August 10, 2023 ITEM NO.: 5.1 (Cont.) FILE NO.: Z-9811 4 Commercial (C) category includes a broad range of retail and wholesale sales of products, personal and professional services, and general business activities. Commercial activities vary in type and scale, depending on the trade area that they serve. The application is to rezone from R-2, Single Family and O-3, General Office to C-3, General Commercial. Surrounding the application area to the east is an area of Mixed Use (MX) with large residential tracts, a liquor store, auto repair business and an office. North is an area of Office (O) with offices, a rehab facility, and a subdivision developed with townhomes. East of the townhomes is an area of Residential Low Density (RL) with a developed subdivision. 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 remains less than 6 units per acre. The Future Land Use Plan for this area was amended in 2014 (Ord. 20921) to RL from O. West, across Valley Ranch Drive is a partially wooded tract of pasture in a Suburban Office (SO) district. The Suburban Office (SO) category provides 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. South of Cantrell Road is an area of Suburban Office (SO) with two large residential tracts. The Future Land Use Plan for this area was amended in 2022 (Ord. 22157) to SO from RL. The SO is located within a large Residential Low Density (RL) area with single family homes and a day care facility. South of Cantrell Road to the east is an area of Mixed Use (MX) with two sit-down restaurants, a trailer park, a vacant wooded lot and a large tract with a single-family home. This Site is in the Hwy 10 Design Overlay District. Master Street Plan: Cantrell Road is a Principal Arterial on the Master Street Plan. Principal Arterials are roads designed to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Dedication of additional right-of-way may be required to allow for future expansion to six through lanes plus left and right turn lanes. Standard Right-of-Way (ROW) of 110 feet is required. Sidewalks are required on both sides. Valley Ranch Drive is shown on the Master Street Plan as a Collector. The primary function of a Collector Road is to provide a connection from Local Streets to Arterials or activity centers with the secondary function of providing access to adjoining property.  Standard Right-of-Way is 60 feet. Sidewalks are required on one side. These streets may require additional right-of- way and may require street improvements. August 10, 2023 ITEM NO.: 5.1 (Cont.) FILE NO.: Z-9811 5 Bicycle Plan: Cantrell Road is shown on the Master Bike Plan with a proposed Bikeway-1 Path. Class I Bike Paths are a route designated for the sole use of bicycles that is physically separated from vehicular lanes. Historic Preservation Plan: There are no Historic Sites or Districts in the vicinity. H. ANALYSIS: The applicant proposes to rezone a 4.618-acre, 2 lot site located at 18404 Cantrell Road from R-2 and O-3 to C-3 to allow for future commercial development. The site is currently undeveloped. Trees and heavy brush are located throughout the property. There is a mixture of zoning and uses in all directions of the site. The City’s Future Land Use Plan shows Office (O) and Mixed Use (MX) for the requested area. A proposed land use plan amendment from Office (O) and Mixed Use (MX) to Commercial (C) is a separate item on this agenda. Staff is in support of the requested rezoning from R-2 and O-3 to C-3 to allow for the development of commercial use. Staff feels the proposal is in character with the neighborhood and will have no adverse impact on the area. I. STAFF RECOMMENDATION: Staff recommends approval of the requested C-3 rezoning. PLANNING COMMISSION ACTION: (AUGUST 10, 2023) The applicant was present. There were no persons registered in opposition. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation” above. The item remained on the consent agenda for approval as recommended by staff, including all staff comments and conditions. The vote was 8 ayes, 0 nays, 1 absent and 2 open positions. The application was approved. August 10, 2023 ITEM NO.: 6 FILE NO.: Z-6214-A NAME: Madison Heights – Phase IV – Revised PRD LOCATION: North of the intersection of W. 16th Street and Jefferson Street DEVELOPER: Central Arkansas Housing Corporation (Owner) 1000 Wolfe Street Little Rock, AR 72202 OWNER/AUTHORIZED AGENT: Andrew Rike (Agent) Harbor Environmental 5800 Evergreen Street Little Rock, AR 72205 SURVEYOR/ENGINEER: Harbor Environmental 5800 Evergreen Street Little Rock, AR 72205 AREA: 7.45 acres NUMBER OF LOTS: 24 FT. NEW STREET: 1,274 LF WARD: 1 PLANNING DISTRICT: 9 CENSUS TRACT: 18 CURRENT ZONING: PRD VARIANCE/WAIVERS: None requested. BACKGROUND: November 11, 1996 the Little Rock Planning Commission approved an application to rezone approximately 34.87 acres from R-4 to PRD to construct a multi-unit residential housing development titled Highland Park Long-Form PRD located along W. 12th Street. On December 17, 1996, Ordinance No. 17,344, was adopted by the Little Rock Board of Directors which approved the construction of the multi-unit residential development. August 10, 2023 ITEM NO.: 6 (Cont.) FILE NO.: Z-6214-A 2 A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is proposing to subdivide 7.45 acres into 24 lots for single-family residential development. This final phase, Phase IV, represents the continuation of the Madison Heights subdivision (PRD). B. EXISTING CONDITIONS: The property is wooded and located between W. 16th Street (south), Adams Street (east), W. 14th Street (north) and Madison Street (west). The properties surrounding the site contains a mixture of zoning and uses in all directions. C. NEIGHBORHOOD NOTIFICATIONS: All owners of property within 300 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. 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., 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. August 10, 2023 ITEM NO.: 6 (Cont.) FILE NO.: Z-6214-A 3 4. 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. 5. 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). 6. Per City Rev. Code 29-99, stormwater detention for developments is required. Provide stormwater detention infrastructure to satisfy this requirement. 7. Per City Code 31-89 (5) for a preliminary plat, a storm drainage preliminary analysis is required showing drainage data for all watercourses entering and leaving the plat boundaries. The storm drainage analysis shall be prepared in sufficient detail to illustrate the proposed system’s capability of accommodating storm events as required by the stormwater management and drainage manual. The preliminary plat shall also show drainage arrows indicating how drainage arrives at the site and drainage arrows how it leaves the site post development. Indicate where the storm sewer pipes and curb inlets are located within the development also. Additionally, provide profile and cross- sectional views of the detention structure outlet/spillway and detention calculations for the 25- and 100-year storm for the proposed detention pond/structure. Delineation of the drainage areas pre and post construction with respective discharges via rational method shall also be shown. The preliminary plat shall also contain all information as outlined in City Code Sec. 31-89 and 31-90. 8. Per City Code 31-434, a 50% maintenance bond for all street and stormwater infrastructure constructed within the public right of way shall be submitted to Department engineering staff prior to recording 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. August 10, 2023 ITEM NO.: 6 (Cont.) FILE NO.: Z-6214-A 4 9. Per City Code 31-117, as built stormwater drainage infrastructure information/data shall be submitted 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. 10. Per City Rev. Code 31-403 the Department requires street lighting plans to be submitted to the Department for review and approval before filing and recording of the final plat for the subdivision. The street lighting plans required shall include conduit and pull/junction box locations, street luminaire locations and mounting heights, wire sizes, current photometric data for the proposed fixtures, and subdivision street photometrics using the proposed fixtures that meet AASHTO Roadway Lighting Design Guide standards. 11. Department engineering staff is required to perform a final inspection of all street and stormwater infrastructure construction within the public right of way. City maintenance of the street and stormwater drainage infrastructure within the public right of way cannot officially begin until final acceptance by Department engineering staff. This needs to be completed and accepted by Department engineering staff prior to recording of the final plat. 12. 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. 13. Street design standards shall comply with the latest version of the AASHTO A Policy on Geometric Design of Highways and Streets, City’s Master Street Plan (2018), and City’s Standard Details for street and drainage facilities improvements (2015). 14. Street stormwater and detention infrastructure design standards shall comply with the City’s Stormwater Management and Drainage Manual (2016) including City Code Chapters 29, 30, and 31. 15. Street pavement, sidewalks, curb and gutter, curb inlets, junction boxes, accessible ramps, and storm sewer infrastructure shall comply with City’s specifications for construction as outlined in City Code Chapters 30. August 10, 2023 ITEM NO.: 6 (Cont.) FILE NO.: Z-6214-A 5 E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: 1. Submit the wastewater infrastructure plans to LRWRA for review and approval. Entergy: No comments received. Summit Utilities: 1. Summit Utilities has no objections or comments regarding the relevant agenda items. 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. A water main extension will be needed to provide water service to this property. 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. 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. 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. 5. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. Fire Department: Maintain Access: Fire Hydrants. Maintain fire apparatus access roads at fire hydrant locations as per Appendix D of the 2021 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. August 10, 2023 ITEM NO.: 6 (Cont.) FILE NO.: Z-6214-A 6 Dead Ends. Maintain fire apparatus access roads at dead end locations as per Appendix D of the 2021 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. Loading Maintain fire apparatus access road design as per Appendix D of the 2021 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 2021 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: The request is in the I-630 Planning District. The Land Use Plan shows Residential High Density (RH) for the requested area. The Residential High Density (RH) category accommodates residential development of more than twelve (12) August 10, 2023 ITEM NO.: 6 (Cont.) FILE NO.: Z-6214-A 7 dwelling units per acre. The application is to revise the Planned Residential Development (PRD) for single family lots. North and west of the application site in the Residential High Density (RH) area is a large apartment complex. The northwest corner abuts an area of Office (O) with a daycare and part of the apartment complex. The Office (O) category represents services provided directly to consumers (e.g., legal, financial, medical) as well as general offices which support more basic economic activities. West, south and east is Residential Low Density (RL) with developed single-family lots and a few vacant tracts. 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 remains less than 6 units per acre. The northeast corner of the Residential High Density (RH) area abuts a Mixed Use (MX) area with service and grocery uses. The Mixed Use (MX) category provides for a mixture of residential, office and commercial uses to occur. A Planned Zoning District is required if the use is entirely office or commercial or if the use is a mixture of the three. There have been no Land Use amendments in this area over the last 10 years. Master Street Plan: Jefferson Street is a local street on the Master Street Plan. Local Streets are roads designed to provide access to adjacent property with the movement of traffic being a secondary purpose. The standard Right-of-way is 50’. Sidewalks are required on one side. A Local Street which abuts non-residential or residential use which is more intense than duplex or two-unit residential is a Commercial Street. These streets have the same design standard as a Collector. Right-of-way is 60’. Sidewalks are required on both sides. This street may require dedication of right- of-way and may require street improvements. Bicycle Plan: There are no existing or proposed bike routes adjacent to or through this land. Historic Preservation Plan: There are no Historic Sites or District in the vicinity. H. ANALYSIS: The applicant is proposing to subdivide 7.45 acres into 24 lots for single-family residential development. This final phase, Phase IV, represents the continuation of the Madison Heights subdivision (PRD). The property is wooded and located between W. 16th Street (south), Adams Street (east), W. 14th Street (north) and August 10, 2023 ITEM NO.: 6 (Cont.) FILE NO.: Z-6214-A 8 Madison Street (west). The properties surrounding the site contains a mixture of zoning and uses in all directions. This development contains 7.4520 acres and will include 1,274 lineal feet of new streets, sidewalk, utilities, and 24 lots with an average lot size of 9,044.5 square feet. The minimum lot size will be 8,516.9 square feet. Open space park area of 0.47 acres will be provided. Stormwater runoff from the site will be directed to underground storm sewer piping, thence to the existing storm sewer box culvert that runs beneath W. 14th Street, thence to the open drainage ditch system. Water is to be supplied by Central Arkansas Water. Wastewater disposal is to be provided by the Little Rock Water Reclamation Authority. Electrical service is to be provided by Entergy. The date of the latest survey is November 18, 2022. The property is currently zoned PRD. This residential subdivision will provide well-built, attractive, and affordable housing for the citizens of Little Rock. The applicant notes that all lots will be individually sold for single-family development and the Central Arkansas Housing Corporation will maintain the common park areas. All streets are intended to be public and typical collection of trash will be provided by Waste Management. All lots will be accessed via new public streets (Jefferson, Madison Place and Madison Terrace). For each lot developed, all single-family homes must comply with minimum building setbacks and heights as per Section 36-255 of the code (R-3 zoning). The applicant is not proposing any signs at this time. Any new signage must conform to Section 36-551 (signs permitted in residential one- and two-family zones). Staff is supportive of the requested revised PRD zoning to allow a single-family residential development – Madison Heights – Phase IV. Staff views the request as reasonable. This residential subdivision will provide well-built, attractive, and affordable housing for the citizens of Little Rock. To staff’s knowledge, there are no outstanding issues associated with this application. The applicant is requesting no variances with the revised PRD zoning request. I. STAFF RECOMMENDATION: Staff recommends approval of the requested revised PRD zoning subject to compliance with the comments and conditions outlined in paragraphs D and E, and the staff analysis, of the agenda staff report. August 10, 2023 ITEM NO.: 6 (Cont.) FILE NO.: Z-6214-A 9 PLANNING COMMISSION ACTION: (AUGUST 10, 2023) The applicant was present. There were no persons registered in opposition. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation” above. The item remained on the consent agenda for approval as recommended by staff, including all staff comments and conditions. The vote was 8 ayes, 0 nays, 1 absent and 2 open positions. The application was approved. August 10, 2023 ITEM NO.: 7 FILE NO.: Z-9117-A NAME: KustomMade Properties – Mini Storage – PD-C LOCATION: 2501 South State Street DEVELOPER: KustomMade Properties LLC 1317 South Summit Street Little Rock, AR 72202 OWNER/AUTHORIZED AGENT: KustomMade Properties LLC 1317 South Summit Street Little Rock, AR 72202 SURVEYOR/ENGINEER: Brooks Surveying 20820 Arch Street Pike Hensley, AR 72065 AREA: .50 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 1 PLANNING DISTRICT: 8 CENSUS TRACT: 5 CURRENT ZONING: O-3 VARIANCE/WAIVERS: None requested. BACKGROUND: The property is located at 2501 South State Street and was developed in 1925. The property is a three story 22,760 sq ft building. The property historically has been occupied for office use. A. ROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is proposing to rezone the property located at 2501 South State Street from O-3 to PD-C to allow for the conversion of an existing office building to a climate-controlled mini self-storage facility with offices on the third floor. They August 10, 2023 ITEM NO.: 7 (Cont.) FILE NO.: Z-9117-A 2 are also asking that C-3 permitted uses be included as permitted uses and alternative options. All storage will be contained within the building and there will be no outside storage of materials, vehicles, RV’s etc. at this site. B. EXISTING CONDITIONS: The site contains a three (3) story office building located at the corner of State Street and West Roosevelt. The building has concrete paved parking in the back of the building. The remaining portion of the block is zoned PRD. R-4 zoned property containing single-family residences is located to the south and to the north side of West Roosevelt Road is the Capital Zoning District. C. NEIGHBORHOOD NOTIFICATIONS: All owners of property located within 300 feet of the site and all neighborhood associations registered with the City of Little Rock were notified of the public hearing. D. ENGINEERING COMMENTS: No comments. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: No comments received. Entergy: No comments received. Summit Energy: No comments. AT & T: No comments received. Central Arkansas Water: No comments. Fire Department: Full Plan Review   Parks and Recreation: No comments received. County Planning: No comments. F. BUILDING CODES/LANDSCAPE: Building Code: No comment. August 10, 2023 ITEM NO.: 7 (Cont.) FILE NO.: Z-9117-A 3 Landscape: 1. Any new site development must comply with the City’s minimal landscape and buffer ordinance requirements. Refer to the Code of Ordinances, Chapter 15 Landscaping and Tree Protection, and Chapter 36, Article IX – Buffers and Screening. 2. A land use buffer equivalent to 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. 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 required screening shall extend the full length of a property where any outside activity is located for ten (10) feet on either side of such activity. The activities to be screened include, but are not limited to, parking lots, drives, sanitation areas, commercial static display of merchandise, loading docks, utility service facilities and heating and air conditioning equipment. Where development which requires screening abuts land use of a more restrictive nature at least eighty (80) percent of the view of the vehicular use area and parked vehicles shall be screened to not be visible when viewed from the adjacent property. A wooden fence may satisfy sixty-five (65) percent of the requirement and evergreen trees may be used to satisfy the balance. Screening standards are intended to apply during all seasons of the year. A minimum of fifty (50) percent of the trees and a minimum of seventy-five (75) percent of the shrubs to be used for screening purposes shall be evergreen varieties. Maximum spacings of fifteen (15) feet for trees and three (3) feet for shrubs should normally be utilized in order to provide continuous full screening of the view. 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. A perimeter planting strip is required along any side of a vehicular use area that abuts adjoining property, or the right-of-way of any street. This strip shall be at least nine (9) feet wide. One (1) tree and three (3) shrubs or vines shall be planted for every thirty (30) linear feet of perimeter planting strip. 5. Building landscape areas shall be provided at the rate equivalent to planter strip three (3) feet wide along the vehicular use area. One (1) tree and four (4) shrubs shall be planted in the building landscape areas for each forty (40) linear feet of vehicular use area abutting the building. 6. The interior landscape area of the vehicular use area shall, at a minimum, equal eight percent (8%) of the vehicular use area and must be designated August 10, 2023 ITEM NO.: 7 (Cont.) FILE NO.: Z-9117-A 4 for green space; this green space needs to be evenly distributed throughout the parking area(s). The minimum size of an interior landscape area shall be one hundred fifty (150) square feet for developments with one hundred fifty (150) or fewer parking spaces. Interior islands must be a minimum seven and one half (7 1/2) feet in width. Trees shall be included in the interior landscape areas at the rate of one (1) tree for every twelve (12) parking spaces. Please indicate the square footage of the areas considered for the interior landscape area. 7. An automatic irrigation system to water landscaped areas shall be required for developments of one (1) acre or larger. Developments of less than one (1) acre shall have a water source within seventy-five (75) feet of the plants to be irrigated. 8. All lawn areas shall be sodded with a regionally appropriate turfgrass species. There should be no hydroseeding. 9. Evergreen shrubs should be containerized. All shrubs are to be a minimum of 18 inches in height at installation. 10. At least fifty (50) percent of landscape areas shall be covered by live plant material at the time of plant maturity. 11. The development of two (2) acres or more requires the landscape plan to be stamped with the seal of a Registered Landscape Architect. 12. 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 Central City Planning District. The Land Use Plan shows Office (O) and Residential High Density (RH) for the requested area. The Office (O) category represents services provided directly to consumers (e.g., legal, financial, medical) as well as general offices which support more basic economic activities. The Residential High Density (RH) category accommodates residential development of more than twelve (12) dwelling units per acre. The application is to rezone from O-3 to PD-C for mini-storage. West of the application area in the Office (O) area is a lot with a professional office. The Office (O) category represents services provided directly to consumers (e.g., legal, financial, medical) as well as general offices which support more basic economic activities. To the west, south and east of the RH is Residential Low Density (RL) with a fraternal organization and single-family homes. The Residential Low Density (RL) category provides for single-family homes at densities not to August 10, 2023 ITEM NO.: 7 (Cont.) FILE NO.: Z-9117-A 5 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. Adjacent to the east and south of the site is Residential High Density (RH) with apartments. The Residential High Density (RH) category accommodates residential development of more than twelve (12) dwelling units per acre. East of the apartments is a liquor store in a Mixed Use (MX) area and a convenience store in an area of Commercial (C). The Mixed Use (MX) category provides for a mixture of residential, office and commercial uses to occur. A Planned Zoning District is required if the use is entirely office or commercial or if the use is a mixture of the three. The Commercial (C) category includes a broad range of retail and wholesale sales of products, personal and professional services, and general business activities. Commercial activities vary in type and scale, depending on the trade area that they serve. There has been one nearby Land Use Plan amendment (Ord. 22042) in the past ten years. To the east of application site an area of RL was amended to Neighborhood Commercial (NC) use in 2021. The Neighborhood Commercial (NC) category includes limited small-scale commercial development in close proximity to a neighborhood, providing goods and services to that neighborhood market area. Master Street Plan: West Roosevelt Road is a Principal Arterial on the Master Street Plan. Principal Arterials are roads designed to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Curb cuts should be minimized to allow for continuous traffic flow. On Roosevelt Road a Right-of-Way (ROW) of 70 feet with a four-lane section is required. Sidewalks are required on both sides. South State Street is a Local Street on the Master Street Plan. Local Streets are roads designed to provide access to adjacent property with the movement of traffic being a secondary purpose. The standard Right-of-way is 50’. Sidewalks are required on one side. A Local Street which abuts non-residential or residential use which is more intense than duplex or two-unit residential is a Commercial Street. These streets have the same design standard as a Collector. Right-of-way is 60’. Sidewalks are required on both sides. These streets may require dedication of right-of-way and may require street improvements. Bicycle Plan: There are no existing or proposed bike routes adjacent to or through this land. Historic Preservation Plan: To the north side of West Roosevelt Road is the Capital Zoning District. August 10, 2023 ITEM NO.: 7 (Cont.) FILE NO.: Z-9117-A 6 H. ANALYSIS: The applicant is proposing to rezone the property located at 2501 South State Street from O-3 to PD-C to allow for the conversion of an existing office building to a climate-controlled mini self-storage facility with offices on the third floor. They are also asking that C-3 permitted uses be included as permitted uses and alternative options. All storage will be contained within the building and there will be no outside storage of materials, vehicles, RV’s etc. at this site. The site contains a three (3) story office building located at the corner of State Street and West Roosevelt. The building has concrete paved parking in the back of the building. The remaining portion of the block is zoned PRD. R-4 zoned property containing single-family residences is located to the south and to the north side of West Roosevelt Road is the Capital Zoning District. Days and hours of operation are: 7 days a week with the following work schedule for onsite staff: 8:00 am – 5:30 pm Monday through Saturday and Sunday: 10 am- 2 pm. During these hours there will be a staff member on site to sell new units or help with any other questions. If an existing owner needs to access their unit from the rear of the building under the awning there will be a coded access panel that will allow them entrance. On the front and the rear of the building, as well as the side stairway doors there will be a code access box that can be used during the hours of 8:30 am – 11 pm. Between 11 pm and 8:30 am the building will be completely locked to everyone except building owners and management. There are no signs located on the property. Any future signage must comply with Section 36-555 (signs permitted in commercial zones). Parking shown of the site plan complies with the City’s Zoning Ordinance. Staff feels the existing parking will be sufficient to serve the proposed use. If there is to be dumpsters on this site, they must be screened and comply with Section 36-523 of the City’s Zoning Ordinance. The applicant is proposing no additional sight lighting at this time. Any future new sight lighting must be low-level and directed away from adjacent properties. Staff is supportive of the requested PD-C rezoning to allow conversion of the existing office building to a climate-controlled self-storage facility with offices on the third floor. Staff feels the request is reasonable. Staff believes that the applicant is proposing a quality plan for re-use pf the existing vacant office building. To staff’s knowledge, there are no outstanding issues associated with this request. August 10, 2023 ITEM NO.: 7 (Cont.) FILE NO.: Z-9117-A 7 I. STAFF RECOMMENDATION: Staff recommends approval of the requested PD-C rezoning, subject to compliance with the comments and conditions outlined in paragraph E & F, and the staff analysis, of the agenda staff report and that there be no outside storage of any kind. PLANNING COMMISSION ACTION: (AUGUST 10, 2023) The applicant was present. There were no persons registered in opposition. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation” above. The item remained on the consent agenda for approval as recommended by staff, including all staff comments and conditions. The vote was 8 ayes, 0 nays, 1 absent and 2 open positions. The application was approved. August 10, 2023 ITEM NO.: 8 FILE NO.: Z-9808 NAME: SMH Care & Services – PD-R LOCATION: 2222 South Chester Street DEVELOPER: SMH Care & Services 8508 Kanis Road Little Rock, AR 72204 (501) 680-7237 OWNER/AUTHORIZED AGENT: Kwendeche (Agent) 2124 Rice Street Little Rock, AR 72202 (501) 374-4531 SURVEYOR/ENGINEER: Kwendeche (Agent) 2124 Rice Street Little Rock, AR 72202 (501) 374-4531 AREA: 0.16 acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 1 PLANNING DISTRICT: 8 CENSUS TRACT: 47 CURRENT ZONING: R-4 VARIANCE/WAIVERS: None requested. A. ROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes to rezone 0.16-acre site located at 2222 South Chester Street from R-4 to PD-R to allow for the development of an eight (8) unit apartment facility. August 10, 2023 ITEM NO.: 8 (Cont.) FILE NO.: Z-9808 2 B. EXISTING CONDITIONS: The property contains an existing 3,060 square foot, two-story, wood-framed residence. The site is currently a three (3) unit apartment facility. The applicant is proposing to have eight (8) rental units with their own full bathroom with a tenant accessible common kitchen and dining room. The property is a contributing structure to the Governor's Mansion Historic District. It is just outside the Capitol Zoning District. Surrounding the application area in all directions is shown as Residential Low Density (RL) with mostly single-family homes and a few duplexes and 3-unit apartments. C. NEIGHBORHOOD NOTIFICATIONS: All owners of property located within 300 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. Entergy: No comments received. Summit Energy: No comments. AT & T: No comments received. Central Arkansas Water: No comments. Fire Department: Full Plan Review Parks and Recreation: No comments received. County Planning: No comments. F. BUILDING CODES/LANDSCAPE: Building Code: No comments. Landscape: No comments August 10, 2023 ITEM NO.: 8 (Cont.) FILE NO.: Z-9808 3 G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments Received. Planning Division: The request is in the Central City Planning District. The Land Use Plan shows Residential Low Density (RL) for the requested area. The Residential Low Density (RL) category provides for single family homes at densities not to exceed 6 dwelling units per acre. Such residential development is typically characterized by conventional single-family homes but may also include patio or garden homes and cluster homes, provided that the density remains less than 6 units per acre. The application is to rezone from R-4 to PD-R for an 8 unit multi-family development (32 units per acre density). Surrounding the application area in all directions is shown as Residential Low Density (RL) with mostly single-family homes and a few duplexes and 3-unit apartments. 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 remains less than 6 units per acre. There have been no Land Use amendments in this area over the last 10 years. This site is in the Central City overlay district. Master Street Plan: South Chester Street is shown on the Master Street Plan as a Collector. The primary function of a Collector Road is to provide a connection from Local Streets to Arterials or activity centers with the secondary function of providing access to adjoining property. Standard Right-of-Way is 60 feet. Sidewalks are required on one side. West 23rd Street is a Local Street on the Master Street Plan. Local public streets are designed to provide access to adjacent property with the movement of traffic being a secondary purpose. Right-of-way is 50’. Sidewalks are required on one side. A Local Street which abuts non-residential or residential use which is more intense than duplex or two-unit residential is a Commercial Street. These streets have the same design standard as a Collector. Right-of-way is 60’. Sidewalks are required on both sides. This street may require dedication of additional right-of-way and may require street improvements. These streets may require dedication of right-of-way and may require street improvements. Bicycle Plan: There are no existing or proposed bike routes adjacent to or through this land. August 10, 2023 ITEM NO.: 8 (Cont.) FILE NO.: Z-9808 4 Historic Preservation Plan: The property at 2222 S Chester Street is a Contributing structure to the Governor's Mansion Historic District. It is just outside the Capitol Zoning District. H. ANALYSIS: The applicant proposes to rezone 0.16-acre site located at 2222 South Chester Street from R-4 to PD-R to allow for the development of an eight (8) unit apartment facility. The site is currently a three (3) unit apartment facility. The applicant is proposing to have eight (8) rental units with their own full bathroom with a tenant accessible common kitchen and dining room. Manager will be on-site. The property is a contributing structure to the Governor's Mansion Historic District. It is just outside the Capitol Zoning District. Surrounding the application area in all directions is shown as Residential Low Density (RL) with mostly single-family homes and a few duplexes and 3-unit apartments. The City’s Future Land Use Plan designates this property as “RL” Residential Low Density. The rear of the property will be upgraded for a well-defined off-street parking area ( six (6) spaces) and will be surrounded by a six foot all opaque wood fence (finish side out). On-street parking (max. five spaces) along West 23rd street shall supplement the total parking requirements, of 12 spaces (Section 36-502 of the City’s Zoning Ordinance). Staff believes the proposed parking plan will be sufficient to serve the proposed use. The applicant is not proposing any signage at this time. Any signage shall comply with Section 36-551 of the City’s Zoning Ordinance Any new lighting shall be low-level and directed away from adjacent properties. The applicant provided responses and additional information to all issues raised during staff’s review of the application. The applicant is requesting no variances with the PD-R zoning. The applicant notes that standard City of Little Rock garbage collection will continue to be used. Staff is in support of the requested rezoning from R-4 to PD-R to allow for the development of the eight (8) unit rental facility. Staff feels the request conforms to the development pattern in this area. Staff feels the proposal is not out of character with the neighborhood and will have no adverse impact on the area. The current R-4 zoning for this property could allow a duplex use, with up to four (4) unrelated August 10, 2023 ITEM NO.: 8 (Cont.) FILE NO.: Z-9808 5 persons living in each unit. It is the property owner’s intent to attract a more diverse tenant base including, but not limited to, college students, single individuals and retirees/elderly for a quality long-term urban living experience. I. STAFF RECOMMENDATION: Staff recommends approval of the requested PD-R zoning subject to compliance with the comments and conditions outlined in paragraph E, and the staff analysis, of the agenda staff report. PLANNING COMMISSION ACTION: (AUGUST 10, 2023) The applicant was present. There were no persons registered in opposition. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation” above. The item remained on the consent agenda for approval as recommended by staff, including all staff comments and conditions. The vote was 8 ayes, 0 nays, 1 absent and 2 open positions. The application was approved. August 10, 2023 ITEM NO.: 9 FILE NO.: Z-9810 NAME: Lorax, LLC - PCD LOCATION: 405 E. 21st Street DEVELOPER: Lorax, LLC (Owner) 609 E. 21st Street Little Rock, AR 72202 OWNER/AUTHORIZED AGENT: GarNat Engineering, LLC (Agent) 3825 Mt. Carmel Road Bryant, AR 72022 SURVEYOR/ENGINEER: GarNat Engineering, LLC (Agent) 3825 Mt. Carmel Road Bryant, AR 72022 AREA: 0.56 acre NUMBER OF LOTS: 3 FT. NEW STREET: 0 LF WARD: 1 PLANNING DISTRICT: 8 CENSUS TRACT: 46 CURRENT ZONING: C3/R-4 VARIANCE/WAIVERS: None requested. BACKGROUND: Historically, this street was the commercial center of the neighborhood and it is reflected in the current zoning, as approximately half of the subject property is zoned C-3 (General Commercial District) and a significant amount of the properties on both sides of the street in this block of E. 21st Street are also zoned C-3. The Pettaway Park Neighborhood continues to see investment in the construction of new homes, commercial uses and renovation of older existing homes. August 10, 2023 ITEM NO.: 9 (Cont.) FILE NO.: Z-9810 2 A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes to rezone three (3) lots, 405 and 407 E. 21st Street and 2109 S. Rock Street from C-3/R-4 to PCD, to allow a multiple building, mixed-use development. The proposed development will include the construction of two (2) three-story buildings and two (2) two-story buildings in the northern portion of the property and two (2) two-story buildings in the center portion of the property. Paved parking will be located within the southern third of the property, with a twenty-four (24) foot access drive along S. Rock Street. B. EXISTING CONDITIONS: The property is currently divided into three (3) undeveloped tracts located southeast corner of E. 21st Street and S. Rock Street. The general area around the proposed site contains commercial and two-family (duplex) zoning and uses. Pettaway Park in located east of the site. C. NEIGHBORHOOD NOTIFICATIONS: All owners of property located within 300 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. Any infrastructure within public right of way that is currently damaged or damaged during construction will be repaired or replaced at developer’s expense before a final certificate of occupancy can be released for the building. This includes but not limited to the following: noncompliant curb and gutter, asphalt, sidewalk, accessible ramps, storm drainage infrastructure, or concrete driveway aprons. All work within the public right- of-way shall conform to City of Little Rock Public Works Standard Details and ADA accessibility requirements. August 10, 2023 ITEM NO.: 9 (Cont.) FILE NO.: Z-9810 3 4. 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. 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 Code 31-434, a 50% maintenance bond for all street and stormwater infrastructure constructed within the public right of way shall be submitted to Department engineering staff prior to recording 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. 8. Per City Code 31-117, as built stormwater drainage infrastructure information/data shall be submitted 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. 9. Department engineering staff is required to perform a final inspection of all street and stormwater infrastructure construction within the public right of way. City maintenance of the street and stormwater drainage infrastructure within the public right of way cannot officially begin until final acceptance by Department engineering staff. This needs to be completed and accepted by Department engineering staff prior to recording of the final plat. 10. A drainage study showing all hydrologic calculations for the site and all hydraulic calculations for the proposed storm sewer pipe system, swales August 10, 2023 ITEM NO.: 9 (Cont.) FILE NO.: Z-9810 4 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. Street design standards shall comply with the latest version of the AASHTO A Policy on Geometric Design of Highways and Streets, City’s Master Street Plan (2018), and City’s Standard Details for street and drainage facilities improvements (2015). 12. Street stormwater and detention infrastructure design standards shall comply with the City’s Stormwater Management and Drainage Manual (2016) including City Code Chapters 29, 30, and 31. 13. Street pavement, sidewalks, curb and gutter, curb inlets, junction boxes, accessible ramps, and storm sewer infrastructure shall comply with City’s specifications for construction as outlined in City Code Chapters 30. 14. Van accessible stall shall be eleven (11) foot minimum wide with a five (5) foot wide minimum accessible aisle per ICC a117.1. 15. Accessible aisle shall be on the passenger side of the van accessible stall per ICC a117.1. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: 1. Submit the wastewater infrastructure plans 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. 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. August 10, 2023 ITEM NO.: 9 (Cont.) FILE NO.: Z-9810 5 3. 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 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. 4. Contact Central Arkansas Water regarding the size and location of the water meter. 5. The facilities on-site will be private. When meters are planned off private lines, private facilities shall be installed to Central Arkansas Water's material and construction specifications and installation will be inspected by an engineer, licensed to practice in the State of Arkansas. Execution of Customer Owned Line Agreement is required. 6. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW's Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. 7. Fire sprinkler systems which do not contain additives such as antifreeze shall be isolated with a double detector check valve assembly. If additives are used, a reduced pressure zone backflow preventer shall be required. Fire Department: Fire Hydrants. Maintain fire apparatus access roads at fire hydrant locations as per Appendix D of the 2021 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 2021 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. August 10, 2023 ITEM NO.: 9 (Cont.) FILE NO.: Z-9810 6 Loading Maintain fire apparatus access road design as per Appendix D of the 2021 Arkansas Fire Prevention Code Vol. 1 Section D102.1 Access and loading. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of fire apparatus weighing at least 75,000 pounds. Dead Ends. Maintain fire apparatus access roads at dead end locations as per Appendix D of the 2021 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. 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 2021 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. August 10, 2023 ITEM NO.: 9 (Cont.) FILE NO.: Z-9810 7 F. BUILDING CODES/LANDSCAPE: Building Code: Landscape: 1. Any new site development must comply with the City’s minimal landscape and buffer ordinance requirements. Refer to the Code of Ordinances, Chapter 15 Landscaping and Tree Protection, and Chapter 36, Article IX – Buffers and Screening. 2. A land use buffer equivalent to 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. 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 required screening shall extend the full length of a property where any outside activity is located for ten (10) feet on either side of such activity. The activities to be screened include, but are not limited to, parking lots, drives, sanitation areas, commercial static display of merchandise, loading docks, utility service facilities and heating and air conditioning equipment. Where development which requires screening abuts land use of a more restrictive nature at least eighty (80) percent of the view of the vehicular use area and parked vehicles shall be screened to not be visible when viewed from the adjacent property. A wooden fence may satisfy sixty-five (65) percent of the requirement and evergreen trees may be used to satisfy the balance. Screening standards are intended to apply during all seasons of the year. A minimum of fifty (50) percent of the trees and a minimum of seventy-five (75) percent of the shrubs to be used for screening purposes shall be evergreen varieties. Maximum spacings of fifteen (15) feet for trees and three (3) feet for shrubs should normally be utilized in order to provide continuous full screening of the view. 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. A perimeter planting strip is required along any side of a vehicular use area that abuts adjoining property, or the right-of-way of any street. This strip shall be at least nine (9) feet wide. One (1) tree and three (3) shrubs or vines shall be planted for every thirty (30) linear feet of perimeter planting strip. 5. Building landscape areas shall be provided at the rate equivalent to planter strip three (3) feet wide along the vehicular use area. One (1) tree and four August 10, 2023 ITEM NO.: 9 (Cont.) FILE NO.: Z-9810 8 (4) shrubs shall be planted in the building landscape areas for each forty (40) linear feet of vehicular use area abutting the building. 6. The interior landscape area of the vehicular use area shall, at a minimum, equal eight percent (8%) of the vehicular use area and must be designated for green space; this green space needs to be evenly distributed throughout the parking area(s). The minimum size of an interior landscape area shall be one hundred fifty (150) square feet for developments with one hundred fifty (150) or fewer parking spaces. Interior islands must be a minimum seven and one half (7 1/2) feet in width. Trees shall be included in the interior landscape areas at the rate of one (1) tree for every twelve (12) parking spaces. Please indicate the square footage of the areas considered for the interior landscape area. 7. An automatic irrigation system to water landscaped areas shall be required for developments of one (1) acre or larger. Developments of less than one (1) acre shall have a water source within seventy-five (75) feet of the plants to be irrigated. 8. All lawn areas shall be sodded with a regionally appropriate turfgrass species. There should be no hydroseeding. 9. Evergreen shrubs should be containerized. All shrubs are to be a minimum of 18 inches in height at installation. 10. At least fifty (50) percent of landscape areas shall be covered by live plant material at the time of plant maturity. 11. The development of two (2) acres or more requires the landscape plan to be stamped with the seal of a Registered Landscape Architect. 12. 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 Central City Planning District. The Land Use Plan shows Residential Low (RL) and Mixed Use (MX) for the requested area. The Residential Low Density (RL) category provides for single family homes at densities not to exceed 6 dwelling units per acre. Such residential development is typically characterized by conventional single-family homes but may also include patio or garden homes and cluster homes, provided that the density remains less than August 10, 2023 ITEM NO.: 9 (Cont.) FILE NO.: Z-9810 9 6 units per acre. The Mixed Use (MX) category provides for a mixture of residential, office and commercial uses to occur. A Planned Zoning District is required if the use is entirely office or commercial or if the use is a mixture of the three. The application is to rezone from C-3 and R-4 to PCD of mixed uses with at least 10 residential units. At 10 units this results in a residential use density of about 14 units per acre. Surrounding the north portion of the application area is shown as Mixed Use (MX) on the Future Land Use plan. This area has personal service, general commercial and residential uses. The Mixed Use (MX) category provides for a mixture of residential, office and commercial uses to occur. A Planned Zoning District is required if the use is entirely office or commercial or if the use is a mixture of the three. To the southern portion of the site surrounded by Residential Low Density (RL) with single-family homes. 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 remains less than 6 units per acre. There have been no Land Use amendments in this area over the last 10 years. Master Street Plan: East 21st Street and South Rock Street are Local Streets on the Master Street Plan. Local public streets are designed to provide access to adjacent property with the movement of traffic being a secondary purpose. Right-of-way is 50’. Sidewalks are required on one side. A Local Street which abuts non-residential or residential use which is more intense than duplex or two-unit residential is a Commercial Street. These streets have the same design standard as a Collector. Right-of-way is 60’. Sidewalks are required on both sides. This street may require dedication of additional right-of-way and may require street improvements. These streets may require dedication of right-of-way and may require street improvements. Bicycle Plan: There are no existing or proposed bike routes adjacent to or through this land. Historic Preservation Plan: There are no Historic Sites or Districts in the vicinity. H. ANALYSIS: The applicant proposes to rezone three (3) lots, 405 and 407 E. 21st Street and 2109 S. Rock Street from C-3/R-4 to PCD, to allow a multiple building, mixed-use August 10, 2023 ITEM NO.: 9 (Cont.) FILE NO.: Z-9810 10 development. The proposed development will include the construction of two (2) three-story buildings and two (2) two-story buildings in the northern portion of the property and two (2) two-story buildings on the center portion of the property. Paved parking will be located within the southern third of the property, with a twenty-four (24) foot access drive along S. Rock Street. The property is currently divided into three (3) undeveloped tracts located at the southeast corner of E. 21st Street and S. Rock Street. The general area around the proposed site contains both commercial and two-family (duplex) zoning and uses. Pettaway Park in located east of the site. The proposed use mix for the development as submitted by the applicant as follows: 1. Parking Lot – All vehicular circulation will be within the one twenty-two (22) bay parking lot on the south end of the site which will be screened by the townhouses, landscaping and micro-commercial building. On-street parking is allowed on the surrounding streets in this general area. Staff feels the parking is sufficient to serve the use. 2. Residential – Three (3) two-story townhomes (a single-family, a duplex and a quad-plex) are proposed on the center and east portions of the site to provide housing for approximately seven (7) families. 3. Mixed-use Buildings – Two (2), three-story buildings will front Rock and 21st Streets. These buildings will be leased to small and local businesses for restaurants, retail and commercial office space. The ground floors of these mixed-use buildings will be retail. The second and third stories will contain office spaces. Hours of operation are intended to be from 7 am to 8 pm Sunday through Thursday and 7 am through 9 or 10 pm on Friday, Saturday and holidays. Staffing will be established by the tenants based on usage. C-3 permitted uses will be allowed for the ground floor of these buildings. 4. Courtyard – The courtyard connects the residential mixed-use buildings for pedestrian circulation. No other use is intended for this use or any other green space area. 5. Commercial Buildings – A two-story commercial building is planned at the center of the courtyard and a micro-commercial building will be located on the southwest corner of the site facing S. Rock Street. These buildings will be leased to small and local businesses for retail and commercial office space. Hours of operation are intended to be from 7 am to 8 pm Sunday through Thursday and 7 am through 9 or 10 pm on Friday, Saturday and holidays. Staffing will be established by the tenants based on usage. C-3 permitted uses will be allowed for these buildings. August 10, 2023 ITEM NO.: 9 (Cont.) FILE NO.: Z-9810 11 The site plan does not show any signage for the development. Any signage must comply with Section 36-555 of the City’s Zoning Ordinance (signs permitted in commercial zones). All sight lighting must be low-level and directed away from adjacent residential properties. The site plan shows a dumpster located in the eastern portion of parking lot. The dumpster area must be screened as per Section 36-523 of the City’s Zoning Ordinance. To staff’s knowledge, there are no outstanding issues associated with the proposed development. The proposed multi-use development is a comprehensive and innovative planned small-scale urban infill in the Pettaway Neighborhood intended to provide diversified yet harmonious development that meets the goals and municipal plan of the City of Little Rock. Staff is supportive of the requested PCD zoning. The proposed development provides and efficient and economic arrangement of varied land use, buildings, circulation systems and facilities for modern lifestyles. The applicant’s proposed use of the site is similar to the intensity of other developments in the general area. Staff feels the proposed mixed-use development will have no adverse impact on the surrounding properties. Staff is supportive of the overall concept and agrees that this type of development will be beneficial to the area. I. STAFF RECOMMENDATION: Staff recommends approval of the requested PCD zoning, subject to compliance with the comments and conditions outlined in paragraphs D, E, and F, and the staff analysis, of the agenda and staff report. PLANNING COMMISSION ACTION: (AUGUST 10, 2023) The applicant was present. There were no persons registered in opposition. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation” above. The item remained on the consent agenda for approval as recommended by staff, including all staff comments and conditions. The vote was 8 ayes, 0 nays, 1 absent and 2 open positions. The application was approved. August 10, 2023 ITEM NO.: 10 NAME: Carter Lane Improvement District LOCATION: 4109 Carter Lane DEVELOPER: The Struggle Is Real LLC 2915 Hidden Valley Drive Little Rock, AR 72212 OWNER/AUTHORIZED AGENT: Casey Ingram (Agent) 2915 Hidden Valley Drive Little Rock, AR 72212 SURVEYOR/ENGINEER: AREA: 4.93 acre NUMBER OF LOTS: FT. NEW STREET: WARD: 5 PLANNING DISTRICT: CENSUS TRACT: CURRENT ZONING: R-2 VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: Establish and lay off City of Little Rock property owners’ multipurpose improvement district no. 2023-003 of Little Rock, Arkansas (Carter Lane Improvement District). B. EXISTING CONDITIONS: The property is currently being developed as a single-family residential subdivision. The preliminary plat (S-1897, Carter Lane Estates Subdivision) was approved by the Planning Commission June 24, 2021. Development plans were approved February 3, 2023. Grading permit was issued February 7th, 2023. On June 20, 2023, the Mayor had set for public hearing to beheld before the Little Rock Board of Directors for consideration of the petition to for Carter Lane August 10, 2023 ITEM NO.: 10 (Cont.) 2 Improvement District as filed with the City Clerk. The Little Rock Board of Directors remanded the petition to the Planning Commission to consider the improvement district pertaining to public health, safety, and welfare. C. ANALYSIS: The applicant proposes to establish and lay off City of Little Rock property owners’ multipurpose improvement district no. 2023-003 of Little Rock, Arkansas (Carter Lane Improvement District) as a funding mechanism for construction of infrastructure as required for the development of the approved Carter Lane Estate Subdivision. One of the Little Rock Planning Commission duties is to direct the preparation of plans and studies as needed for the development of the city. They can undertake suitable studies related to the plans to be prepared. The three main plans that are described in state code are the Land Use Plan, Community Facilities Plan, and the Master Street Plan. The commission may prepare and adopt such other plans as are significant to the health, safety, and general welfare of the municipality and its environs. The commission also recommends for adoption and administer regulations to control the development of land. The development of land includes but is not limited to provisions of access to lots and parcels; extension or provision of utilities; subdividing of land into lots and blocks; parceling of land resulting in the need for access and utilities. These regulations may set minimum requirements as to the information to be included on the plat filed for record; design and layout of the subdivision, including standards for lots and blocks, street rights-of-way, street and utility grades, consideration of school district boundaries, and other similar items; standards for improvements to be installed by the developer at his or her own expense such as street grading and paving, curbs, gutters, sidewalks, water, storm, sewer mains, street lighting, and other amenities. On June 20, 2023, the Mayor had set for public hearing to be held before the Little Rock Board of Directors for consideration of the petition to for Carter Lane Improvement District as filed with the City Clerk. The Little Rock Board of Directors remanded the petition to the Planning Commission to consider the improvement district pertaining to public health, safety, and welfare. Multipurpose Improvement District No. 2023-003 is proposed for the purposes of purchasing, accepting as a gift: a) constructing waterworks, sewers, treatment facilities, recreational facilities, and systems for gas pipelines; and b) grading, draining, paving, curbing, and guttering street and laying sidewalks and maintaining the infrastructure and improvements within the District, together with facilities, related to any of the foregoing or for more than one (1) of those purposes, August 10, 2023 ITEM NO.: 10 (Cont.) 3 whether within or outside the boundaries for the Proposed District; doing all things now or hereafter permitted under applicable law, including limitation, A.C.A. §14-94-110, to be done and performed by municipal property owners’ improvement districts. The purposes are to be accomplished in the manner and with the materials that the Commissioners for the District shall deem in the best interest of the District and as specified by law. The District will construct a fully licensed and permitted sewer plant within the boundaries of the District to serve property owners in the District and will operate and maintain the system unless and until it is acquired by a municipal utility. The cost of the project of the District shall be assessed upon the real property of the District according to the benefits received. The improvements proposed are for the Carter Lane Estates Subdivision. The preliminary plat (S-1897, Carter Lane Estates Subdivision) was approved by the Planning Commission June 24, 2021. There were multiple persons present in opposition to the subdivision. The application was approved by a vote of 8 ayes, 2 nays, 0 absent and 1 open position. Development plans were approved February 3, 2023, and grading permit was issued February 7th, 2023. Approval of the preliminary plat, development plan, and grading permit met the minimum code standards as set by the City of Little Rock. The codes as adopted set minimum standards which protect public health, safety, and welfare. PLANNING COMMISSION ACTION: (AUGUST 10, 2023) The applicant was present representing the application. There were 5 persons registered in opposition. Staff presented the item to the Commission. Bob Hardin was present and explained the project. Bill Spivey spoke in opposition. He raised issues of life, health, and safety. Tim Daters spoke in opposition. He gave hand-outs to the Commission. He raised issues of flooding in the area. Michael Kelic spoke in opposition. He provided the Commission with a PowerPoint. His concern was pertaining to flooding. There was extensive discussion about the project. There was a motion to approve item 10. The motion was seconded. The vote was 4 ayes, 4 nays, 1 absent and 2 open positions. PLANNING COMMISSION VOTE RECORD DATE: August 10, 2023 4:00 PM MEMBER Minutes Consent Agenda B, D, E, 3, 4, 5, 5.1, 6, 7, 8, 9 RegularAgenda A C F 1 2 10 VICKERS, MICHAEL ✓ ✓ ✓ ✓ N ✓ ✓ ✓ BROWN, JIMMY ✓ ✓ ✓ ✓ N ✓ ✓ ✓ HAYNES, MARLON D. ✓ ✓ ✓ ✓ N ✓ ✓ ✓ LATTURE, PAUL ✓ ✓ ✓ ✓ N ✓ ✓ N McDONALD, ALICIA ✓ ✓ ✓ ✓ R ✓ ✓ N PERSON, STEVEN ✓ ✓ ✓ ✓ N ✓ N N THOMAS, DIANA M. A A A A A A A A VOGEL, ROBBY ✓ ✓ ✓ ✓ N N N ✓ HART, TODD ✓ ✓ ✓ ✓ N ✓ ✓ N OPEN POSITION OPEN POSITION MEMBER Meeting Adjourned 8:03 PM ✓AYE • NAYE A ABSENT Ab ABSTAIN R RECUSE August 10, 2023 There being no further business before the Commission, the meeting was adjourned at 8:03 p.m. Date Chairman Secretary