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pc_12 14 2023 LITTLE ROCK PLANNING COMMISSION SUMMARY AND MINUTE RECORD DECEMBER 14, 2023 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present there being eleven (11) members present. II. Members Present: Jimmy Brown Joshua Baxter Todd Hart Norman Hodges Charlotte Lunday Alicia McDonald Steven Person Jeremiah Russell Ahmed Samad Michael Vickers Robby Vogel Members Absent: None City Attorney: Shawn Overton III. Approval of the Minutes of the November 9, 2023 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION AGENDA DECEMBER 14, 2023 I. OLD BUSINESS: Item Number: File Number: Title: A. Z-9827 Mindful Properties (2) STR-2 – PD-C 5131 Cantrell Road B. S-1953 Romero Addition – Preliminary Plat Northwest corner of Chicot Road & Bunch Road C. Z-9848 Hollowell Accessory Dwelling – Conditional Use Permit 15701 Sorrells Road D. Z-9850 Bassett Family Care Facility – Special Use Permit 3118 S. Izard Street E. Z-9854 Wyatt 1 – PD-R 2504 West 18th Street F. Z-9855 Wyatt 2 – PD-R 2516 West 18th Street G. Z-9858 Master Company – PD-C 9911 West Markham Street H. Z-9795-A Queen Beans – PD-C Northwest corner of Hermitage Road and Autumn Road I. Z-9853 Kartcher Properties STR-2 – PD-C 503 East 7th Street Agenda, Page Two II. NEW BUSINESS: Item Number: File Number: Title: 1. Z-9867 Swinton Accessory Dwelling – Conditional Use Permit 5320 McClellan Drive 2. Z-9888 Dogtopia – Conditional Use Permit 400 N. Bowman Road 3. Z-9868 Rezoning from R-2 to R-4 8201-8221 W. 22nd Street 4. LU2023-18-01 Ellis Mountain Planning District – Land Use Plan Amendment from Residential Low (RL) to Neighborhood Commercial (NC), 17900 Lawson Road 4.1 Z-9879 Rezoning from R-2 to C-1 17900 Lawson Road 5. Z-9880 Community Living #1 Group Home – Special Use Permit 12553 Rivercrest Drive 6. Z-9881 Community Living #2 Group Home – Special Use Permit 1925 Perry Street 7. Z-9882 Community Living #3 Group Home – Special Use Permit 2111 Aldersgate Road 8. Z-9883 Community Living #4 Group Home – Special Use Permit 2117 Aldersgate Road 9. Z-9884 Community Living #5 Group Home – Special Use Permit 4 Jack Nicklaus Cove 10. Z-9885 Community Living #6 Group Home – Special Use Permit 10 Ben Hogan Cove 11. Z-9886 Community Living #7 Group Home – Special Use Permit 2516 Riverfront Drive (Unit 1) 12. Z-9887 Community Living #8 Group Home – Special Use Permit 2211 Westport Loop Agenda, Page Three II. NEW BUSINESS: (Continued) Item Number: File Number: Title: 13. Z-9303-A Cigar Republic – Revised PCD 1315 Breckenridge Drive 14. Z-9703-A Southern Patio Bar & Grill – Private Club – PD-C 7315 Geyer Springs Road 15. Z-9865 USA Tire & Accessories – PCD 4920 W. 65th Street 16. Z-9871 Caple Event Center & Mixed Commercial Use – PCD 4621 Asher Avenue 17. Z-9872 Marina Lifestyle Medicine – Revised POD 16913 Cantrell Road 18. Z-9877 The Landry Group – Vehicle Parking & Storage – PD-C 8503 Mabelvale Pike 19. Z-9878 Crimson Oaks – PD-R 14118 Kanis Road 20. Z-9889 SBC/Lake Nixon – Solar Farm – PD-I Southwestern Corner of Colonel Glenn Road & Cooper Orbit Road 21. G-25-231 Arch Street – Street Name Change to “Bruce T. Moore Way”, that portion of Arch Street from West 4th Street north to the Arkansas River. III. SHORT TERM RENTALS: Item Number: File Number: Title: 22. Z-9863 Kuruvilla STR-2 – PD-C 25 Warwick Road 23. Z-9864 Tomlison STR-2 – PD-C 822 N. Coolidge Street Agenda, Page Four III. SHORT TERM RENTALS: (Continued) Item Number: File Number: Title: 24. Z-9866 J. McDonald STR-2 – PD-C 5105 “C” Street 25. Z-9869 Carbary #1 STR-2 – PD-C 411 N. Jackson Street 26. Z-9870 Carbary #2 STR-2 – PD-C 121 White Oak Lane 27. Z-9873 Blanton STR-2 – PD-C 12 Terrace Drive 28. Z-9874 Swarna #1 STR-2 – PD-C 1412 S. Tyler Street 29. Z-9875 Swarna #2 STR-2 – PD-C 801 N. Hughes Street 30. Z-9876 Beaty STR-2 – PD-C 2221 N. Cleveland Street December 14, 2023 ITEM NO.: A FILE NO.: Z-9827 NAME: Mindful Properties (2) STR-2 – PD-C LOCATION: 5131 Cantrell Road DEVELOPER: Marcus & Michelle Arnold (Owner) 1205 Stanely Russ Rd Conway, AR 72034 mindfulpropllc@gmail.com (479) 587-2822 OWNER/AUTHORIZED AGENT: Marcus & Michelle Arnold (Owner) 1205 Stanely Russ Rd Conway, AR 72034 mindfulpropllc@gmail.com (479) 587-2822 SURVEYOR/ENGINEER: Brooks Surveying, Inc. 20820 Arch Street Pike Hensley, AR 72065 AREA: 0.16 acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 1 PLANNING DISTRICT: 9 CENSUS TRACT: 13 CURRENT ZONING: R-2 VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes to rezone 0.16-acre property located at 5131 Cantrell Road from R-2 to PD-C to allow use of the property as Short-Term Rental-2 with a maximum stay of twenty-nine (29) days. The owner will not reside in the residence. The entire structure will be rented as one (1) unit. December 14, 2023 ITEM NO.: A (Cont.) FILE NO.: Z-9827 2 B. EXISTING CONDITIONS: The property contains an existing brick structure. Access is provided from a concrete stairway and small front porch which extends from Cantrell Road that allows entrance to the unit. The unit has one parking spot in the front of the property and one in the rear. The property is primarily surrounded by R-3 zoning. The Future Land Use Map shows a large area of Residential Low Density (RL) in all directions. 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. Fire Department: 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. December 14, 2023 ITEM NO.: A (Cont.) FILE NO.: Z-9827 3 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. 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 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 remains less than 6 units per acre. The application is to rezone from R-2 to PD-C. Surrounding the application area is residential development with single family homes. This site is located in the Heights Landscape district. Master Street Plan: Cantrell Road is a Principal Arterial on the Master Street Plan Map. Principal Arterials are designed to serve through traffic and to connect major traffic December 14, 2023 ITEM NO.: A (Cont.) FILE NO.: Z-9827 4 generators or activity centers within urbanized areas. The standard Right of way of 110 feet is required. 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 Bike Routes in the vicinity. Historic Preservation Plan: There are no historic districts in the area. H. ANALYSIS: The applicant proposes to rezone 0.16-acre property located at 5131 Cantrell Road from R-2 to PD-C to allow use of the property as Short-Term Rental with a maximum stay of twenty-nine (29) days. The owner will not reside in the residence. The entire structure will be rented as one (1) unit. The property contains an existing brick structure. Access is provided from a concrete stairway and small front porch which extends from Cantrell Road that allows entrance to the unit. The unit has one parking spot in the front of the property and one in the rear. The property is primarily surrounded by R-3 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. December 14, 2023 ITEM NO.: A (Cont.) FILE NO.: Z-9827 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. December 14, 2023 ITEM NO.: A (Cont.) FILE NO.: Z-9827 6 13. No recreational vehicles, buses, or trailers shall be visible on the street or property in conjunction with the Bed and Breakfast House/Short-Term Rental use. 14. Principal renter shall be at least eighteen (18) years of age. 15. Maximum occupancy. Maximum occupancy of any room or structure as a whole shall be determined by the Arkansas Fire Prevention Code. 16. Simultaneous rental to more than one party under separate contracts shall not be allowed. 17. 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. 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 is in support the requested PD-C rezoning. Staff believes the request is reasonable and that the proposed STR-2 use is appropriate for this location. Currently the City of Little Rock Department of Planning and Development has eighteen (18) short-term rentals (STR-1 and STR-2) listed within the database for approved of short-term rentals in the City of Little Rock. The City’s new short-term rental ordinance allows a maximum of 500 short-term rentals within the corporate boundary of the City of Little Rock. I. STAFF RECOMMENDATION: Staff recommends approval of the PD-C rezoning request, subject to compliance with comments and conditions outlined in paragraph E, and in the staff analysis of the agenda staff report. PLANNING COMMISSION ACTION: (OCTOBER 12, 2023) The applicant request the application be deferred to the November 9, 2023 Agenda, based on the fact that only six (6) Commissioners were present. The application was deferred (No Vote). December 14, 2023 ITEM NO.: A (Cont.) FILE NO.: Z-9827 7 STAFF UPDATE: (NOVEMBER 2, 2023) Since this item was deferred, staff has received neighborhood opposition. At this time, staff recommends denial. PLANNING COMMISSION ACTION: (NOVEMBER 9, 2023) The applicant was present, representing the application. Staff presented the item and a recommendation for denial. Tom Colford, Nancy McDonald, and John Bassett all spoke in opposition of the item stating concerns of trash and crime. Courtney Carder spoke in favor of the application. There was a motion to approve the application. The motion was seconded. The vote was 4 ayes, 3 nays, 3 absent and 1 open position. It was called to the commission’s attention that since two commissioners had left the meeting, the commission was down to only 7 commissioners which requires that 6 ayes are mandatory for an item to pass. The option of deferral was not given to the applicant prior to the vote so the commission voted to expunge the previous vote. The vote was 7 ayes, 0 nays, 3 absent and 1 open position. The commission then gave the applicant the opportunity to defer. The applicant chose to defer to the December 14, 2023 agenda. There was a motion to approve the deferral. The motion was seconded. The vote was 7 ayes, 0 nays, 3 absent and 1 open position. The application was deferred to the December 14, 2023 Agenda. PLANNING COMMISSION ACTION: (DECEMBER 14, 2023) The applicant was present, representing the application. Staff presented the item and a recommendation denial. Nancy McDonald, Vincent Henderson II, and Karrer Alghazali all spoke in opposition of the item stating concerns of trash and crime. There was extensive discussion about the project. There was a motion to approve the application. The motion was seconded. The vote was 7 ayes, 4 nays and 0 absent. The motion passed. December 14, 2023 ITEM NO.: B FILE NO.: S-1953 NAME: Romero Addition – Preliminary Plat LOCATION: Northwest corner of Chicot Road and Bunch Road DEVELOPER: Jeus Romero 5815 Mandan Road Little Rock, AR 72210 OWNER/AUTHORIZED AGENT: Romero’s Enterprises, LLC – Owner Jesus Romero – Applicant SURVEYOR/ENGINEER: Robbins Professional Land Services P. O. Box 939 Bryant, AR 72089 AREA: 1.2 acres NUMBER OF LOTS: 7 FT. NEW STREET: 0 LF WARD: 2 PLANNING DISTRICT: 15 CENSUS TRACT: 41.05 CURRENT ZONING: R-2 VARIANCE/WAIVERS: None requested. STAFF UPDATE: The applicant failed to submit all necessary information/documents to allow staff to adequately review the application. Therefore, staff recommends the application be deferred to the December 14, 2023 agenda. PLANNING COMMISSION ACTION: (NOVEMBER 9, 2023) This item is being deferred to the December 14, 2023 agenda as the applicant failed to submit all required documents. No vote was taken. December 14, 2023 ITEM NO.: B (Cont.) FILE NO.: S-1953 2 STAFF UPDATE: The applicant failed to submit all necessary information/documents to allow staff to adequately review the application. Therefore, staff recommends the application be deferred to the January 11, 2024 agenda. PLANNING COMMISSION ACTION: (DECEMBER 14, 2023) This item was deferred to the January 11, 2024 agenda as the applicant failed to submit all required documents. December 14, 2023 ITEM NO.: C FILE NO.: Z-9848 NAME: Hollowell Accessory Dwelling – Conditional Use Permit LOCATION: 15701 Sorrells Road DEVELOPER: James M. Hollowell 15701 Sorrells Road Little Rock, AR 72223 OWNER/AUTHORIZED AGENT: James M. Hollowell – Owner/Applicant SURVEYOR/ENGINEER: Edward Lofton Engineering/Surveying 15415 Oakcrest Little Rock, AR 72206 AREA: 1.46 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 4 PLANNING DISTRICT: 1 CENSUS TRACT: 42.05 CURRENT ZONING: R-2 VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is requesting a conditional use permit to allow for the construction of an accessory dwelling on the R-2 zoned property located at 15701 Sorrells Road. B. EXISTING CONDITIONS: The property is occupied by a one-story single family residence located within the north half of the property. Two (2) driveways from Sorrells Road serve as access to the property. December 14, 2023 ITEM NO.: C (Cont.) FILE NO.: Z-9848 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. Part of the property to the south is located within the 100-year regulatory floodplain. For the future building permit for the accessory structure, applicant will be required to show the border of the 100-year regulatory floodplain on the survey so Department staff can verify the proposed accessory dwelling is not located within the 100-year regulatory floodplain. If the proposed accessory structure is located within the 100-year regulatory floodplain, a floodplain development permit and an elevation certificate approved by the City’s floodplain administrator will be required before Department staff can issue a building permit. The structure will also be required to meet all mandatory City flood damage prevention regulations and state building codes regarding construction of the structure within the 100-year regulatory floodplain. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: There is an existing sewer line in the rear of the property. Need to show a minimum 10-foot easement for the sewer line. 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. Fire Department: No comments. Parks and Recreation: No comments received. County Planning: No comments received. December 14, 2023 ITEM NO.: C (Cont.) FILE NO.: Z-9848 3 F. BUILDING CODES/LANDSCAPE: Building Codes: 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 for the construction of an accessory dwelling on the R-2 zoned property located at 15701 Sorrells Road. The property is occupied by a one-story single family residence located within the north half of the property. Two (2) driveways from Sorrells Road serve as access to the property. The project consists of a 640 square foot accessory dwelling located southeast of the existing residence, within the rear yard area. The proposed accessory structure will be located over 140 feet from the front (north) property line and over 120 feet from the rear (south) property line. The structure will be located over 20 feet from the side property lines. The proposed accessory dwelling will be one (1) story in height, with a low sloped metal roof. The accessory structure will have a similar siding and color as the existing residence. The applicant notes that the accessory dwelling will be used as follows: “The house’s 1st priority is for my elderly mother to stay there, so we can be close to her and close to hospitals and doctors in Little Rock. The ADU might be used for our daughter after she graduates from college. I might use it for my wood crafts and my wife uses it for her artwork studio. As time goes on, my wife and I may live there and give our main house to our children to live. We can’t rule out renting it; however, this is not a primary reason for this project. We also like to use it as a guest house when our family and friends visit us.” Parking is located along a paved circular driveway in front of the existing residence, and on a paved parking pad at the east end of the existing residence. There will be ample parking to serve both dwellings. December 14, 2023 ITEM NO.: C (Cont.) FILE NO.: Z-9848 4 To staff’s knowledge, there are no outstanding issues associated with this application. The applicant is requesting no variances. Staff believes that the requested conditional use permit is reasonable, and that the proposed accessory dwelling will have no adverse impact on the surrounding properties. I. STAFF RECOMMENDATION: Staff recommends approval of the requested CUP, subject to compliance with the comments and conditions outlined in paragraphs D and E, and the staff analysis, of the agenda staff report. PLANNING COMMISSION ACTION: (NOVEMBER 9, 2023) This item is being deferred to the December 14, 2023 agenda due to a notice issue. No vote was taken. PLANNING COMMISSION ACTION: (DECEMBER 14, 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 analysis” above. The item remained on the Consent Agenda for Approval. The vote was 10 ayes, 0 nays, and 1 recusal (Russell). The application was approved. December 14, 2023 ITEM NO.: D FILE NO.: Z-9850 NAME: Bassett Family Care Facility – Special Use Permit LOCATION: 3118 S. Izard Street DEVELOPER: Harry & Phyllis Green-Bassett (Owner) 16 Marchwood Cove Little Rock, AR 72210 OWNER/AUTHORIZED AGENT: Harry & Phyllis Green-Bassett (Owner) 16 Marchwood Cove Little Rock, AR 72210 SURVEYOR/ENGINEER: Brooks Surveying 20820 Arch Street Pike Hensley, AR 72065 AREA: 0.17 acre NUMBER OF LOTS: 2 FT. NEW STREET: 0 LF WARD: 1 PLANNING DISTRICT: 8 CENSUS TRACT: 5 CURRENT ZONING: R-3 VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is requesting a special use permit to allow for a family care facility to be operated within an existing 1,800 square foot, four (4) bedroom, single-family residence. The facility will contain a maximum number of four (4) residents at any given time. December 14, 2023 ITEM NO.: D (Cont.) FILE NO.: Z-9850 2 B. EXISTING CONDITIONS: The site is located between Fulton Street to the west and S. Izard to the east. Several vacant lots exist in the general area which contain R-3 zoning and uses to the south, east and west of the site. R-4 zoning is located immediately north of the site. Crump Park is located to the southwest 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: 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: 1. All Central Arkansas Water requirements in effect at the time of request for water service must be met. Fire Department: Maintain Access: Fire Hydrants. Maintain fire apparatus access roads at fire hydrant locations as per Appendix D of the 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 December 14, 2023 ITEM NO.: D (Cont.) FILE NO.: Z-9850 3 the grade exceeds 10 percent, approval will be denied and the applicant must submit request to be reviewed by Fire Chief for Approval. Loading Maintain fire apparatus access road design as per Appendix D of the 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. 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. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. December 14, 2023 ITEM NO.: D (Cont.) FILE NO.: Z-9850 4 Landscape: No comments. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. Planning Division: No comments. H. ANALYSIS: The applicant is requesting a special use permit to allow for a family care facility to be operated within an existing 1,800 square foot, four (4) bedroom, single-family residence. The facility will contain a maximum number of four (4) residents at any given time. The site is located between Fulton Street to the west and S. Izard to the east. Several vacant lots exist in the general area which contain R-3 zoning and uses to the south, east and west of the site. R-4 zoning is located immediately north of the site. Crump Park is located to the southwest of the site. No signage beyond that allowed as per Section 36-551 (signs permitted in residential one- and two family zones) will be permitted. The applicant did not provide the proposed number of full-time positions for operation of the facility as requested by staff. Staff notes, full-time positions shall comply with any State and Local requirements regarding the operation of this facility type. The applicant provided the following statement and description of on-site services provided to residents: • “The clients are disabled, but ambulatory and independently mobile. The client will only need minimal assistance with daily living, such as bathing, grooming/shaving preparing special diets and routine skin care.” • The clients will be provided with transportation to and from physician appointments. Residents will be able to verbalize their needs. Veterans, homeless and recovering substance abusers will be accepted (a temporary living space for emergency disaster impacting disabled individuals, if room is available, e.g. tornado). • The facility will provide food, shelter, exercise, compassionate care, assistance with cleaning and washing of clothing and personal care. December 14, 2023 ITEM NO.: D (Cont.) FILE NO.: Z-9850 5 • Additional service provided include the teaching of some computer skills, music and TV, access to skilled home health visits, if needed and access to a primary care physician (PCP). • Visitors will be allowed with stipulations. • Residents will not drive their own vehicles. The applicant did not provide a bill assurance as requested by staff. Section 36-54(e)(4) of the City’s Zoning Ordinance provides the following provisions for Family Care Facilities, as adopted by the Board of Directors on September 6, 2005: 1. family care facility, group care facility, group home, parolee or probationer housing facility, rooming, lodging and boarding facility. (a) Separation, spacing and procedural requirements for family care facilities, group care facilities, group homes, parolee or probationer housing facilities and rooming, lodging and boarding facilities will be determined by the planning commission so as not to adversely impact the surrounding properties and neighborhood. Unless the commission determines that a different area is more appropriate, a neighborhood shall be defined as an area incorporating all properties lying within one thousand five hundred (1,500) feet of the site for which the permit is requested. (b) There shall be a presumption that a special use permit for a group home of 5, 6, 7, or 8 handicapped persons will be granted if all ordinance requirements are met, except that individuals whose tenancy would constitute a direct threat to the health or safety of other individuals of whose tenancy would result in substantial physical damage to the property of others shall not be allowed in such a home. (c) Issues that the planning commission will consider during its review of a family care facility, group care facility, group home, parolee or probationer housing facility, or rooming, lodging and boarding facility include, but are not limited to: 1. Spacing of existing similar facilities. 2. Existing zoning and land use patterns. December 14, 2023 ITEM NO.: D (Cont.) FILE NO.: Z-9850 6 3. The maximum number of individuals proposed to be served, the number of employees proposed and the type of services being proposed. 4. The need and provision for readily accessible public or quasi-public transportation. 5. Access to needed support services such as social services agencies, employment agencies and medical service providers. 6. Availability of adequate on-site parking. (d) The fire marshal must approve the use of any structure proposed as a family care facility, group care facility, group home, parolee or probation housing facility or rooming, lodging and boarding facility. (e) Family care facilities, group care facilities, group homes and parole or probation housing facilities shall be operated within any and all applicable licensing and procedural requirements established by the State of Arkansas. To staff’s knowledge, there are no other transitional residential facilities located within 1,500 feet of the property. Section 8-406 (a) of the City's Buildings and Building Regulations Ordinance (minimum area per dwelling unit) requires 150 square feet for the first occupant and 100 square feet for each additional occupant. Therefore, the minimum area for a residence occupied by four (4) persons is 450 square feet. As noted, the residence contains 1,800 square feet in area. There is a bus route (Bus Route #2, S. Main Route) approximately 0.16 mile to the east along S. Gaines Street. Special Use Permits are not transferable in any manner. Permits cannot be transferred from owner to owner, location to location or use to use. To staff’s knowledge, there are no other transitional residential facilities located within 1,500 feet of the property. Staff does not support the requested special use permit to allow a group care facility at 3118 S. Izard Street based the lack of additional information requested by staff and the additional concerns noted below: December 14, 2023 ITEM NO.: D (Cont.) FILE NO.: Z-9850 7 1. The applicant did not provide a parking plan – the applicant noted residents will not drive their own vehicles. Staff’s concern is where will visitors park? S. Izard Street at this location is a relatively narrow street. 2. The occupants are deemed disabled by definition. Since occupants will not drive their own vehicles, the applicant notes transportation will be provided to and from physician appointments. What mode of transportation will be utilized? How will accessibility be provided from the residence to the transportation type? The applicant’s failure to provide the number of around the clock staff (including any potential overlap in shift change times) and the increase in traffic from visitors may create an adverse impact on the area. Staff feels the applicant should seek a residential location fronting a more major roadway, possibly along the perimeter of a single-family subdivision. I. STAFF RECOMMENDATION: Staff recommends denial of the requested special use permit as requested. PLANNING COMMISSION ACTION: (NOVEMBER 9, 2023) This item is being deferred to the December 14, 2023 agenda as the applicant failed to submit all required documents. No vote was taken. PLANNING COMMISSION ACTION: (DECEMBER 14, 2023) The applicant was present, representing the application. Staff presented the item and a recommendation for denial. The applicant had failed to provide staff with all the required documentation. The applicant requested a deferral to allow her time to submit the necessary paperwork. The application was deferred to the January 11, 2024, Agenda. December 14, 2023 ITEM NO.: E FILE NO.: Z-9854 NAME: Wyatt 1 – PD-R LOCATION: 2504 W. 18th Street DEVELOPER: Jason Duncan (Agent) 2312 Durwood Road Little Rock, AR 72207 OWNER/AUTHORIZED AGENT: Wyatt Family Trust (Owner) 2504 W. 18th Street Little Rock, AR 72202 AREA: 0.16 acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 1 PLANNING DISTRICT: 8 CENSUS TRACT: 45 CURRENT ZONING: R-3 A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is proposing to rezone a 0.16 acre site from R-3 to PD-R to construct a 1,924 square foot two-family (duplex) residence. The development will also include a 1,032 two-story, detached garage with a third unit on the second level. The site is zoned R-3 and located at 2504 W. 18th Street. B. EXISTING CONDITIONS: The property is currently vacant, grass covered and located on the north side of W. 18th Street. The immediate area contains R-3 and R-4 zoning and uses in all directions. Properties further east contain I-2 zoning and uses. 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. December 14, 2023 ITEM NO.: E (Cont.) FILE NO.: Z-9854 2 D. ENGINEERING COMMENTS: 1. Since primary vehicular access will be via the existing platted, public alley from Jones Street to this lot, the existing alley will be required to be improved via new asphalt or concrete to lot’s parking area along northern property line. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: No comments. Entergy: No comments received. Summit Utility: No comments. AT & T: No comments received. Central Arkansas Water: No objections. All Central Arkansas Water requirements in effect at the time of request for water service must be met. Fire Department: No comments. Parks and Recreation: No comments received. County Planning: No comments 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 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 for a PD-R in R-3 for rear lot setback variance. December 14, 2023 ITEM NO.: E (Cont.) FILE NO.: Z-9854 3 Surrounding the application area is Residential Low Density (RL) use. Zoning is R-3 (Single Family District) and R-4 Two Family District). R-3 (Single Family District) is for small lot single family development with a minimum lot size of 5,000 square feet. R-4 (Two Family District) is for the development of duplex dwellings with a minimum lot size of 7,000 square feet. Master Street Plan: W. 18th St is a Local Street on the Master Street Plan. May require dedication of ROW or improvements. Bicycle Plan: There are no Bike facilities in the vicinity. Historic Preservation Plan: This property is not within a Historic District. H. ANALYSIS: The applicant is proposing to rezone a 0.16 acre site from R-3 to PD-R to construct a 1,924 square foot two-family (duplex) residence. The development will also include a 1,032 two-story, detached garage which will add another apartment on the site for a total of three (3) units. The site is zoned R-3 and located at 2504 W. 18th Street. The property is currently vacant, grass covered and located on the north side of W. 18th Street. The immediate area contains R-3 and R-4 zoning and uses in all directions. Properties further east contain I-2 zoning and uses. The site plan indicates each unit will contain two bedrooms and two bathrooms for the duplex use with a front building setback of twenty-five (25) feet and a five (5) foot building setback on the east and west property lines. Regarding the detached garage/apartment, the applicant is requesting a fifteen (15) foot setback along the rear property line. The proposed parking design shows a detached garage, parking pad and driveway at the rear of the property to be accessed via the alley. The applicant notes there is sufficient on-street parking along W. 18th Street for as many as five (5) vehicles, two (2) parking spaces in the garage, two (2) parking spaces in the driveway and one on the parking pad. December 14, 2023 ITEM NO.: E (Cont.) FILE NO.: Z-9854 4 Staff is not supportive of the requested PD-R rezoning. Staff feels the site is too small and will be over developed to contain both a two-family residence (duplex) and a detached garage/apartment in the rear portion of the property, thus creating three (3) units on a 0.16 acre site. Staff also feels the proposed on-site parking is not sufficient to serve the use. Staff feels the proposed PD-R request will be out of character with the properties in the general area and the potential increased traffic will have an adverse impact on the area. Staff is supportive of the development for one (1) two-family residence (duplex) on the site which more aligns with ordinance requirements for a conditional use request in the R-3 zoning district and is more characteristic of the development pattern in the general area. I. STAFF RECOMMENDATION: Staff recommends denial of the requested PD-R rezoning. PLANNING COMMISSION ACTION: (NOVEMBER 9, 2023) Staff presented the item and a recommendation for denial. The applicant request deferral due to the fact that there were only 7 Commissioners. There was a motion to defer the item. The motion was seconded. The vote was 7 ayes, 0 nays, 3 absent and 1 open position. The application was deferred to the December 14, 2023 Agenda. PLANNING COMMISSION ACTION: (DECEMBER 14, 2023) The applicant was present, representing the application. Staff presented the item and a recommendation for denial. There was one person in opposition. Patricia Young spoke in opposition to the application concerning the fact that she wanted the area to stay “single- family” homes. Director Collins reminded applicant that if the application was approved the applicant would be required to improve the alleyway for access. There was general discussion about the project. There was a motion to approve the application. The motion was seconded. The vote was 9 ayes, 1 nay, 0 absent and 1 recusal (Brown) The motion passed. December 14, 2023 ITEM NO.: F FILE NO.: Z-9855 NAME: Wyatt 2 – PD-R LOCATION: 2516 W. 18th Street DEVELOPER: Jason Duncan (Agent) 2312 Durwood Road Little Rock, AR 72207 OWNER/AUTHORIZED AGENT: Wyatt Family Trust (Owner) 2504 W. 18th Street Little Rock, AR 72202 AREA: 0.16 acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 1 PLANNING DISTRICT: 8 CENSUS TRACT: 45 CURRENT ZONING: R-3 A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is proposing to rezone a 0.16 acre site from R-3 to PD-R to construct a 1,924 square foot, two-family (duplex) residence. The development will also include a 1,032 square foot, two-story detached garage which will include parking on the first floor and apartment on the second floor in the rear portion of the property for a total of three (3) units on the site. The site is zoned R-3 and located at 2516 W. 18th Street. B. EXISTING CONDITIONS: The property is currently vacant, grass covered and located on the north side of W. 18th Street. The immediate area contains R-3 and R-4 zoning and uses in all directions. Properties further east contain I-2 zoning and uses. December 14, 2023 ITEM NO.: F (Cont.) FILE NO.: Z-9855 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: Since primary vehicular access will be via the existing platted, public alley from Jones Street to this lot, the existing alley will be required to be improved via new asphalt or concrete to lot’s parking area along northern property line. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: No comments. Entergy: No comments received. Summit Utility: No comments. AT & T: No comments received. Central Arkansas Water: No objections. All Central Arkansas Water requirements in effect at the time of request for water service must be met. Fire Department: No comments. Parks and Recreation: No comments received. County Planning: No comments 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 Central City Planning District. The Land Use Plan shows Residential Low Density (RL) for the requested area. The Residential Low Density December 14, 2023 ITEM NO.: F (Cont.) FILE NO.: Z-9855 3 (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 for a PD-R in R-3 for rear lot setback variance. Surrounding the application area is Residential Low Density (RL) use. Zoning is R-3 (Single Family District) and R-4 Two Family District). R-3 (Single Family District) is for small lot single family development with a minimum lot size of 5,000 square feet. R-4 (Two Family District) is for the development of duplex dwellings with a minimum lot size of 7,000 square feet. Master Street Plan: W. 18th St is a Local Street on the Master Street Plan. May require dedication of ROW or improvements. Bicycle Plan: There are no Bike facilities in the vicinity. Historic Preservation Plan: This property is not within a Historic District. H. ANALYSIS: The applicant is proposing to rezone a 0.16 acre site from R-3 to PD-R to construct a 1,924 square foot, two-family (duplex) residence. The development will also include a 1,032 square foot, two-story detached garage which will include parking on the first floor and apartment on the second floor in the rear portion of the property for a total of three (3) units on the site. The site is zoned R-3 and located at 2516 W. 18th Street. The property is currently vacant, grass covered and located on the north side of W. 18th Street. The immediate area contains R-3 and R-4 zoning and uses in all directions. Properties further east contain I-2 zoning and uses. The site plan indicates each unit will contain two bedrooms and two bathrooms for the duplex use with a front building setback of twenty-five (25) feet and a five (5) foot building setback on the east and west property lines. Regarding the detached garage/apartment, the applicant is requesting a fifteen (15) foot setback along the rear property line. December 14, 2023 ITEM NO.: F (Cont.) FILE NO.: Z-9855 4 The proposed parking design shows a detached garage, parking pad and driveway at the rear of the property to be accessed via the alley. The applicant notes there is sufficient on-street parking along W. 18th Street for as many as five (5) vehicles, two (2) parking spaces in the garage, two (2) parking spaces in the driveway and one on the parking pad. Staff is not supportive of the requested PD-R rezoning. Staff feels the site is too small and will be over developed to contain both a two-family residence (duplex) and a detached garage/apartment in the rear portion of the property, thus creating three (3) units on a 0.16 acre site. Staff also feels the proposed on-site parking is not sufficient to serve the use. Staff feels the proposed PD-R request will be out of character with the properties in the general area and the potential increased traffic will have an adverse impact on the area. Staff is supportive of the development for one (1) two-family residence (duplex) on the site which more aligns with ordinance requirements for a conditional use request in the R-3 zoning district and is more characteristic of the development pattern in the general area. I. STAFF RECOMMENDATION: Staff recommends denial of the requested PD-R rezoning. PLANNING COMMISSION ACTION: (NOVEMBER 9, 2023) Staff presented the item and a recommendation for denial. The applicant request deferral due to the fact that there were only 7 Commissioners. There was a motion to defer the item. The motion was seconded. The vote was 7 ayes, 0 nays, 3 absent and 1 open position. The application was deferred to the December 14, 2023 Agenda. PLANNING COMMISSION ACTION: (DECEMBER 14, 2023) The applicant was present, representing the application. Staff presented the item and a recommendation for denial. There was one person that spoke in opposition. Henry Droughter spoke concerning traffic issues and overcrowding. After general discussion about the project, there was a motion to approve the application. The motion was seconded. The vote was 10 ayes, 0 nays and 1 recused. The motion passed. December 14, 2023 ITEM NO.: G FILE NO.: Z-9858 NAME: Master Company – PD-C LOCATION: 9911 W. Markham Street DEVELOPER: Master Company, LLC (Owner) 8110 Scott Hamilton Drive Little Rock, AR 72209 OWNER/AUTHORIZED AGENT: Master Company, LLC 8110 Scott Hamilton Drive Little Rock, AR 72209 SURVEYOR/ENGINEER: Brooks Surveying, Inc. 20820 Arch Street Pike Hensley, AR 72065 AREA: 0.22 acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 6 PLANNING DISTRICT: 2 CENSUS TRACT: 22.08 CURRENT ZONING: O-3 VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is requesting to rezone a 0.22 acre site from O-3 to PD-C to allow the existing building to be utilized as a convenience store. The applicant is not proposing to include alcohol sales as part of this rezoning request. B. EXISTING CONDITIONS: The site contains an existing 1,508 square foot residential building. The property was formerly utilized as a commercial use for Fletcher Property Management, Inc. December 14, 2023 ITEM NO.: G (Cont.) FILE NO.: Z-9858 2 The property has paved parking and a drive through lane ingress along W. Markham Street. The drive through lane exits on the south side of the building along Oak Lane. There is a mixture of zoning and uses in all directions. 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: 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. 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. 3. 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). 4. 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. 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 December 14, 2023 ITEM NO.: G (Cont.) FILE NO.: Z-9858 3 or directly under your supervision and attesting to the accuracy of the information within this report. 5. Provide accessible route from the accessible parking stalls’ aisles to proposed buildings’ entrances in accordance with Section 402 & 502 of ICC A117.1-2017 and 2021 Arkansas Fire Prevention Code Sections 1104. 6. Provide accessible route from public right of way to proposed buildings’ entrances in accordance with Section 402 & 502 of ICC A117.1-2017 and 2021 Arkansas Fire Prevention Code Sections 1104. 7. Accessible parking spaces, accessible aisle, and accessible route from accessible aisle and from the public right of way to building’s entrance shall meet all accessibility code requirements listed in ICC A117.1-2017 and 2021 Arkansas Fire Prevention Code. 8. No new driveway entrances along Markham Street will be allowed. Therefore, access from Markham Street shall be from the existing driveway along the western property line via a new access easement. 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: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Fire Department: No comments. Parks and Recreation: No comments received. County Planning: No comments received. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. Landscape: 1. Any new site development must comply with the City’s minimal landscape and buffer ordinance requirements. Refer to the Code of Ordinances, Chapter December 14, 2023 ITEM NO.: G (Cont.) FILE NO.: Z-9858 4 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 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 December 14, 2023 ITEM NO.: G (Cont.) FILE NO.: Z-9858 5 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. The development of two (2) acres or more requires the landscape plan to be stamped with the seal of a Registered Landscape Architect. 11. 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. Planning Division: The request is in the Rodney Parham Planning District. The Land Use Plan shows Suburban Office (SO) for the requested area. 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. The application is to rezone from O-3 to PD-C. West of the application area on both sides of W Markham are office uses in Suburban Office (SO). 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. Across Markham on the north is an apartment complex in the Suburban Office (SO), then east across Ellis Drive is a faith-based institution in an area for Public/Institutional (PI) uses. 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. December 14, 2023 ITEM NO.: G (Cont.) FILE NO.: Z-9858 6 South of the application site are duplexes and single family residences in Residential Low Density (RL). 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. On the east side of Oak Lane is an area of Mixed uses in a strip commercial plaza. 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 most recent land use amendment near the site was in 2020 from SO to PI for a faith-based institution on the north side of Markham and east of Ellis Drive. H. ANALYSIS: The applicant is requesting to rezone a 0.22 acre site from O-3 to PD-C to allow the existing building to be utilized as a convenience store. The applicant is not proposing to include alcohol sales as part of this rezoning request. The site contains an existing 1,508 square foot residential building. The property was formerly commercially utilized by Fletcher Property Management, Inc. The property has paved parking and drive through lane ingress along W. Markham Street. The drive through lane exits on the south side of the building along Oak Lane. The applicant intends to install a drive-thru window on the south side of the building and notes an agreement with the adjacent property owner to the west will include a shared access easement to facilitate the drive-thru lane/traffic. Operating hours will be from 6:00am to 12:00am seven days a week. The applicant proposes to utilize the existing parking spaces on the site. Parking shall also comply with required ADA standards. Staff feels the existing parking is sufficient to serve the use. A dumpster is not shown on the site plan. Any dumpster installed on the site shall be screened comply with Section 36-523(d) of the City’s Zoning Ordinance. The applicant is not proposing any signage at this time. All signs shall conform to Section 36-555 of the City’s Zoning Ordinance (signs permitted in commercial zones). The applicant is not proposing additional lighting at this time. Any new site lighting shall be low-level and directed away from adjacent properties. Staff is supportive of the requested PD-C zoning to allow the proposed commercial use. Staff views the request as reasonable. To staff’s knowledge, there are no December 14, 2023 ITEM NO.: G (Cont.) FILE NO.: Z-9858 7 outstanding issues associated with this application. Staff feels the existing building is appropriate for a small convenience store use. The property was formerly commercially utilized by Fletcher Property Management, Inc. The proposed commercial use will be compatible with the existing commercial uses in the immediate area. Staff feels the minor increase in traffic is appropriate along the W. Markham corridor and will not have an adverse impact on the area. I. STAFF RECOMMENDATION: Staff recommends approval of the requested PD-C rezoning, 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: (NOVEMBER 9, 2023) This item is being deferred to the December 14, 2023 agenda due to insufficient notices. No vote was taken. PLANNING COMMISSION ACTION: (DECEMBER 14, 2023) Staff presented the item and a recommendation for approval. The applicant was not present. The application was deferred to the January 11, 2024 Agenda. December 14, 2023 ITEM NO.: H FILE NO.: Z-9795-A NAME: Queen Beans – PD-C LOCATION: Northwest corner of Hermitage Road and Autumn Road DEVELOPER: Katie Mac (Queen Beans) 5400 Chenonceau Blvd. #920 Little Rock, AR 72223 OWNER/AUTHORIZED AGENT: Jeremiah Russell (Agent) Rogue Architecture 300 S. Spring Street Little Rock, AR 72201 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: • Variance to allow reduced driveway spacing. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is requesting to rezone the property from R-2 to PD-C to allow for the construction of Queen Beans (drive-thru only) Coffee Shop on a 0.24 acre tract of land located adjacent to Chenal Parkway at the northwest corner of Hermitage Road and Autumn Road. The site is located within the Chenal Overlay Design District. December 14, 2023 ITEM NO.: H (Cont.) FILE NO.: Z-9795-A 2 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 Parkway approximately 0.24 acre in area. The surrounding zoning designations include C-3 Commercial as well as PUD and PCD parcels. 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. 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 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. December 14, 2023 ITEM NO.: H (Cont.) FILE NO.: Z-9795-A 3 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 December 14, 2023 ITEM NO.: H (Cont.) FILE NO.: Z-9795-A 4 water drainage system and neighboring properties from sediment runoff. New development may be subject to inspections for compliance. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: 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. December 14, 2023 ITEM NO.: H (Cont.) FILE NO.: Z-9795-A 5 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. December 14, 2023 ITEM NO.: H (Cont.) FILE NO.: Z-9795-A 6 Parks and Recreation: No comments received. County Planning: No comments. 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 December 14, 2023 ITEM NO.: H (Cont.) FILE NO.: Z-9795-A 7 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 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 December 14, 2023 ITEM NO.: H (Cont.) FILE NO.: Z-9795-A 8 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 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. December 14, 2023 ITEM NO.: H (Cont.) FILE NO.: Z-9795-A 9 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 is requesting to rezone the property from R-2 to PD-C to allow for the construction of Queen Beans (drive-thru only) Coffee Shop on a 0.24 acre tract of land located adjacent to Chenal Parkway at the northwest corner of Hermitage Road and Autumn Road. The site is located within the Chenal Overlay Design District. The property is in a primarily commercial area. The parcel is a triangular lot at the corner of Hermitage Road and Autumn Road. The surrounding property designations include C-3 Commercial as well as PUD and PCD parcels. Access is provided by a twenty-four (24) foot wide drive extending from Hermitage Road. Based on the design, ingress/egress will be right in, right out only, entering from and exiting to Hermitage Road. The applicant proposes to construct a 12’x30’ (360 square foot) building in the northeast portion of the site with and elevation of eighteen (18) feet in height. The menu board is located on the northeast corner of the building. The traffic design shows lot circulation flowing from east to west as you enter from Hermitage Road leading to the pick-up window northwest corner of the building. Operating hours will be Monday-Friday from 5:00am to 7:00pm, Saturday and Sunday from 7:00am to 4:00pm with a maximum number of four (4) employees at any given time. Outdoor activities will be limited to patrons ordering at the proposed menu board and picking up their order at the pick-up window. There are to be no other outdoor business activities. The site plan shows three (3) parking spaces located in the western portion of the site and includes one (1) ADA compliant parking space. A five (5) foot walk way extends from the parking area to building entrance on the south side of the building. A dumpster enclosure is shown in the southwest portion of the site. The dumpster shall be screened as per Section 36523 of the City’s Zoning Ordinance. No signage is proposed at this time. All signage must comply with Section 36-349 of the Chenal/Financial Center Overlay District. December 14, 2023 ITEM NO.: H (Cont.) FILE NO.: Z-9795-A 10 All site lighting must be low-level and directed away from adjacent properties. 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. The applicant is requesting a variance to allow reduced driveway spacing for the proposed driveway. Staff supports the variance request, as the proposed driveway location is the best possible drive location for this site. Staff is supportive of the PD-C rezoning. To staff’s knowledge, there are no outstanding issues with this application. Staff feels the proposed use is consistent with existing commercial developments in the area and should have no adverse impact on the surrounding properties. I. STAFF RECOMMENDATION: Staff recommends approval of the requested PD-C rezoning including the variance request, subject to compliance with the comments and conditions in paragraphs D, E and F, and the staff analysis, of the agenda staff report. PLANNING COMMISSION ACTION: (NOVEMBER 9, 2023) This item is being deferred to the December 14, 2023 agenda due to lack of notification. No vote was taken. PLANNING COMMISSION ACTION: (DECEMBER 14, 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 analysis” above. The item remained on the Consent Agenda for Approval. The vote was 10 ayes, 0 nays, and 1 recusal (Russell). The application was approved. December 14, 2023 ITEM NO.: I FILE NO.: Z-9853 NAME: Kartcher Properties STR-2 – PD-C LOCATION: 503 East 7th Street DEVELOPER: Kartcher Properties 503 E. 7th Street Gabe Holmstrom 2102 Louisiana Street Little Rock, AR Gabe.holmstrom@gmail.com (479)-409-3329 OWNER/AUTHORIZED AGENT: Kartcher Properties 503 E. 7th Street Gabe Holmstrom 2102 Louisiana Street Little Rock, AR Gabe.holmstrom@gmail.com (479)-409-3329 SURVEYOR/ENGINEER: Brooks Surveying, Inc. 20820 Arch Street Pike Hensley, AR 72065 (501) 888-5336 AREA: 0.39 acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 1 PLANNING DISTRICT: 5 CENSUS TRACT: 46 CURRENT ZONING: R-4A VARIANCE/WAIVERS: None requested. December 14, 2023 ITEM NO.: I (Cont.) FILE NO.: Z-9853 2 A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes to rezone 0.39-acre property located at 503 East 7th Street from an R4A to PD-C to allow use of the property as Short-Term Rental-2 for one (#3) of the 13 existing multi-family units with a maximum stay of twenty-nine (29) days. The owner will not reside in the residence. B. EXISTING CONDITIONS: The property is currently a 9,064 square foot thirteen (13) multi-family unit complex. This property is a Contributing structure in the MacArthur Park Historic District and is also within the Downtown Planning District. The Future Land Use surrounding the application area is Residential Medium (RM). 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. Fire Department: No comments. Parks and Recreation: No comments received. County Planning: No comments. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. Landscape: No comments. December 14, 2023 ITEM NO.: I (Cont.) FILE NO.: Z-9853 3 G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. Planning Division: The request is in the Downtown Planning District. The Land Use Plan shows Residential Medium Density (RM) for the requested area. The Residential Medium Density (RM) accommodates a broad range of housing types including single family attached, single family detached, duplex, town homes, multi-family and patio or garden homes. Any combination of these and possibly other housing types may fall in this category provided that the density is between six (6) and twelve (12) dwelling units per acre. The application is to rezone from R-4A to PD-C. STR-2. The Land Use surrounding the application area is Residential Medium (RM). The application site is zoned Low Density Residential (R-4A). Surrounding properties are also zoned Low Density Residential (R-4A). This site is in the MacArthur Park Historic District Overlay District. Master Street Plan: E 7th St is a Local Street on the Master Street Plan. May require dedication of ROW or improvements. Bicycle Plan: The Master Transportation Plan Map shows a proposed Class 3 Bicycle Route along both E. 7th Street which is designated with only signage for bicycle use. These routes use the existing vehicular area, with no physical separation. Historic Preservation Plan: This property is a Contributing structure and is in the MacArthur Park Historic District, a local ordinance district. The goal of the local ordinance historic district is to protect and preserve the unique and valued qualities of such an area, its urban design, architectural character, and historic materials in buildings and in landscapes. Any exterior alterations to structures, additions, or site features must receive approval from the Historic District Commission for compliance with the Little Rock Historic Preservation Code (Sec. 23-76—23-160), including alterations to fulfill the requirements of Short-Term Rental development standards, before a building permit or Short-Term Rental inspection can be issued. December 14, 2023 ITEM NO.: I (Cont.) FILE NO.: Z-9853 4 H. ANALYSIS: The applicant proposes to rezone 0.39-acre property located at 503 East 7th Street from an R4A to PD-C to allow use of the property as Short-Term Rental-2 for one (#3) of the 13 existing multi-family units with a maximum stay of twenty-nine (29) days. The owner will not reside in the residence. The property is currently a 9,064 square foot thirteen (13) multi-family unit complex. This property is a Contributing structure in the MacArthur Park Historic District and is also within the Downtown Planning District. The Future Land Use surrounding the application area is Residential Medium (RM). The applicant stated that ST-R will have access to parking right in front of that specific unit, as well as street parking on East 7th Street. Staff feels that the parking plan for this proposal is adequate. 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. 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. December 14, 2023 ITEM NO.: I (Cont.) FILE NO.: Z-9853 5 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 House/Short-Term Rental use. 14. Principal renter shall be at least eighteen (18) years of age. 15. Maximum occupancy. Maximum occupancy of any room or structure as a whole shall be determined by the Arkansas Fire Prevention Code. 16. Simultaneous rental to more than one party under separate contracts shall not be allowed. December 14, 2023 ITEM NO.: I (Cont.) FILE NO.: Z-9853 6 17. 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. 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 is in support the requested PD-C rezoning. Staff believes the request is reasonable and that the proposed STR-2 use is appropriate for this location. Currently the City of Little Rock Department of Planning and Development has thirty (30) short-term rentals (STR-1 and STR-2) listed within the database for approved short-term rentals in the City of Little Rock. The City’s new short-term rental ordinance allows a maximum 500 short-term rentals within the corporate boundary of the City of Little Rock. I. STAFF RECOMMENDATION: Staff recommends approval of the PD-C zoning request subject to compliance with the comments and conditions noted in paragraph G, and the staff analysis of the agenda staff report. PLANNING COMMISSION ACTION: (NOVEMBER 9, 2023) This item is being deferred to the December 14, 2023 agenda due to lack of notification. No vote was taken. PLANNING COMMISSION ACTION: (DECEMBER 14, 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 analysis” above. The item remained on the Consent Agenda for Approval. The vote was 10 ayes, 0 nays, and 1 recusal (Russell). The application was approved. December 14, 2023 ITEM NO.: 1 FILE NO.: Z-9867 NAME: Swinton Accessory Dwelling – Conditional Use Permit LOCATION: 5320 McClellan Drive DEVELOPER: Lizzie B. Swinton 5320 McClellan Drive Little Rock, AR 72209 OWNER/AUTHORIZED AGENT: Lizzie B. Swinton – Owner/Applicant SURVEYOR/ENGINEER: Laha Engineers 6602 Baseline Road, Suite E Little Rock, AR 72209 AREA: 0.25 acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 2 PLANNING DISTRICT: 14 CENSUS TRACT: 41.08 CURRENT ZONING: R-2 VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is requesting a conditional use permit to allow for the construction of an accessory dwelling on the R-2 zoned property located at 5320 McClellan Drive. B. EXISTING CONDITIONS: The site contains an existing 1,729 square foot (one story) single family residence located within the south half of the lot. A two-car wide driveway is located at the southeast corner of the property. December 14, 2023 ITEM NO.: 1 (Cont.) FILE NO.: Z-9867 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. Future accessory dwelling shall meet all Arkansas state building codes and local 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 comments received. 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 December 14, 2023 ITEM NO.: 1 (Cont.) FILE NO.: Z-9867 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. 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. F. BUILDING CODES/LANDSCAPE: Building Codes: No comments received. Landscape: No comments. December 14, 2023 ITEM NO.: 1 (Cont.) FILE NO.: Z-9867 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 for the construction of an accessory dwelling on the R-2 zoned property located at 5320 McClellan Drive. The proposed accessory dwelling will be occupied by a family member of the occupant of the existing principal dwelling. The site is occupied by a one-story brick and frame single family residence, located within the south half of the lot. The existing residence has an area of 1,729 square feet. A two-car wide driveway is located at the southeast corner of the property. The driveway will allow off-street parking of at least four (4) vehicles. The existing parking will be sufficient to serve the principal dwelling and the proposed accessory dwelling. The proposed accessory dwelling will be constructed within the rear yard area, the north half of the lot. The proposed accessory dwelling will be one (1) story in height, with an area of approximately 365 square feet. A 47 square foot porch will be located on the west side of the proposed accessory dwelling. The exterior of the accessory dwelling will be constructed of siding. The proposed accessory dwelling will comply with all building setback requirements. The applicant provided responses and additional information to issues raised by staff during staff’s review of the application. To staff’s knowledge, there are no outstanding issues. The applicant is requesting no variances with the proposed conditional use permit. Staff is supportive of the requested conditional use permit to allow an accessory dwelling. Staff views the request as reasonable. The existing lot is approximately one-quarter of an acre in size, with ample rear yard area for the proposed accessory dwelling. All utilities for the accessory dwelling must be tied into the existing residence. No separate utility meters will be allowed for the accessory dwelling. Staff believes the proposed accessory dwelling will have no adverse impact on the general area. The subject property backs up to properties zoned R-4 and R-5, which contain duplex and multifamily residences. December 14, 2023 ITEM NO.: 1 (Cont.) FILE NO.: Z-9867 5 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: (DECEMBER 14, 2023) The applicant was present, representing the application. Staff presented the item and a recommendation for approval. The applicant explained that there would be no one living in the accessory building. She had inadvertently called it an Accessory Dwelling instead of an Accessory building. Due to this fact there was no need for the applicant to come before the Commission. Staff will refund her application fee. December 14, 2023 ITEM NO.: 2 FILE NO.: Z-9888 NAME: Dogtopia – Conditional Use Permit LOCATION: 400 N. Bowman Road DEVELOPER: Legacy Franchise Concepts, LP 120 Interstate N. Pkwy., Suite 444 Atlanta, GA 30339 OWNER/AUTHORIZED AGENT: Bowman Curve Baseline, LLC – Owner Jason Parker – Agent SURVEYOR/ENGINEER: B & F Engineering, Inc. 928 Airport Road Hot Springs, AR 71913 AREA: 5.02 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 5 PLANNING DISTRICT: 19 CENSUS TRACT: 22.09 CURRENT ZONING: C-3 VARIANCE/WAIVERS: None requested. STAFF UPDATE: The applicant failed to provide information to staff as requested. Staff recommends this application be deferred to the January 11, 2024 agenda. PLANNING COMMISSION ACTION: (DECEMBER 14, 2023) This item was deferred to the January 11, 2024 agenda as the applicant failed to submit all required documents. December 14, 2023 ITEM NO.: 3 FILE NO.: Z-9868 NAME: Rezoning from R-2 to R-4 LOCATION: 8201 – 8221 West 22nd Street DEVELOPER: Stanley Phillips 6204 Sandy Lane Little Rock, AR 72204 OWNER/AUTHORIZED AGENT: JBE Contractors, Inc. – Owner Stanley Phillips – Agent SURVEYOR/ENGINEER: Harbor Environmental 5800 Evergreen Drive Little Rock, AR 72205 AREA: 0.94 acre NUMBER OF LOTS: 4 FT. NEW STREET: 0 LF WARD: 6 PLANNING DISTRICT: 10 CENSUS TRACT: 24.03 CURRENT ZONING: R-2 VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant requests to rezone the 0.94 acre property located at 8201-8221 West 22nd Street from “R-2” Single Family District to “R-4” Two-Family District. The property is comprised of four (4) platted lots, Lots 1 thru 4, Alexie Addition. B. EXISTING CONDITIONS: The property is undeveloped and mostly wooded. The property slopes downward slightly from front to back (north to south). December 14, 2023 ITEM NO.: 3 (Cont.) FILE NO.: Z-9868 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: 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: No comments. Parks and Recreation: No comments received. County Planning: No comments. F. BUILDING CODES/LANDSCAPE: Building Codes: No comments received. Landscape: No comments. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. Planning Division: The request is in the Boyle Park 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 December 14, 2023 ITEM NO.: 3 (Cont.) FILE NO.: Z-9868 3 and cluster homes, provided that the density remains less than 6 units per acre. The application is to rezone from R-2 to R-4. Northeast of the application area is an area of Residential Medium Density (RM) use along Scotty Court developed with duplexes. The Residential Medium Density (RM) accommodates a broad range of housing types including single family attached, single family detached, duplex, town homes, multi-family and patio or garden homes. Any combination of these and possibly other housing types may fall in this category provided that the density is between six (6) and twelve (12) dwelling units per acre. The surrounding area is all Residential Low Density (RL) developed with single family homes. This site is not in an Overlay District. Master Street Plan: W 22nd 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. This street may require dedication of right-of-way and may require street improvements. Bicycle Plan: The Master Bike Plan shows no facilities in this area. Historic Preservation Plan: This property is not a contributing structure and is not located in a Historic District. H. ANALYSIS: The applicant requests to rezone the 0.94 acre property located at 8201-8221 West 22nd Street from “R-2” Single Family District to “R-4” Two-Family District. The property is comprised of four (4) platted lots, Lots 1 thru 4, Alexie Addition. The property is undeveloped and mostly wooded. The property slopes downward slightly from front to back (north to south). The City’s Future Land Use Plan designates this property as “RL” Residential Low Density. The requested R-4 zoning will not require an amendment to the future land use plan. December 14, 2023 ITEM NO.: 3 (Cont.) FILE NO.: Z-9868 4 Staff is supportive of the requested R-4 rezoning. Staff views the request as reasonable. The property is in an area containing a mixture of zoning and uses. Existing R-4 zoning, as well as higher density residential zoning, is located in this immediate area. The proposed R-4 zoning will not be out of character with the existing zoning pattern in this general area. I. STAFF RECOMMENDATION: Staff recommends approval of the requested R-4 rezoning. PLANNING COMMISSION ACTION: (DECEMBER 14, 2023) This item was deferred to the January 11, 2024 agenda at the request of the applicant. December 14, 2023 ITEM NO.: 4 FILE NO.: LU2023-18-01 NAME: Land Use Plan Amendment – Amend map from RL to NC. LOCATION: 17900 Lawson Road: North side of Lawson Road, west of Morehart Lane and before Rawlings Cove. OWNER/AUTHORIZED AGENT: Mark Redder, Project Manager Holloway Engineering, Surveying & Civil Design AREA: 2 acres +/- WARD: ETJ PLANNING DISTRICT: 18 CENSUS TRACT: 42.225 CURRENT ZONING: R-2 (Single Family Residential) A. PROPOSAL/REQUEST: Applicant requests a Land Use Plan amendment from Residential Low Density (RL) to Neighborhood Commercial (NC). The site is approximately 2 acres +/-. The application is located along the north side of Lawson Road, between Rawling Cove and Morehart Lane (17900 Lawson Road), in the Ellis Mountain Planning District. 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 proposed 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. This land use amendment application accompanies a zoning map amendment request. It is the applicant’s intent to rezone the site to Neighborhood Commercial District, C-1 zoning (File No. Z-9879). December 14, 2023 ITEM NO.: 4 (Cont.) FILE NO.: LU2023-18-01 2 B. EXISTING CONDITIONS/ZONING: The subject site is a 2 acres +/- residential developed tract with an existing single- family residence on the property. The current zoning is Single Family District (R2). This area is in the ETJ and is mostly zoned Single Family (R2), including all parcels surrounding the applicant. To the northwest of the property, on the south side of Lawson Road past Rawlings Cove is an area of Agriculture and Forestry (AF) consisting of two parcels as well as a Planned Development – Commercial (PD-C) further to the northwest. To the southeast of the property along the south side of Lawson Road past Plume Lane is a parcel zoned Planned Commercial District (PCD) followed by a Planned Development – Commercial parcel (PD-C). Further to the southeast is another parcel zoned Planned Commercial District as well as several parcels zoned Neighborhood Commercial (C-1). C. NEIGHBORHOOD NOTIFICATIONS: No Neighborhood Associations in the area. December 14, 2023 ITEM NO.: 4 (Cont.) FILE NO.: LU2023-18-01 3 G. TRANSPORTATION/PLANNING: Land Use Plan: The City’s Land Use Plan Map shows Residential Low Density (RL) for the requested site. All surrounding parcels are also Residential Low Density (RL). To the southeast along Lawson Road past Plume Lane there is an area of Neighborhood Commercial (NC) land use. Master Street Plan: Lawson Road is shown on the Master Street Plan Map as a minor arterial street. Minor Arterials are high volume roads designed to provide connections to and through an urban area. Standard Right-of-way (ROW) is 90 feet. Sidewalks are required on both sides. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. This segment of Lawson Road is currently a Rural Minor Arterial Road with two 11’ travel lanes and open drainage. Bicycle Plan: Lawson Road is on the Master Bike Plan Map as a proposed BIKEWAY II-LANE. A Bike Lane provides a portion of the pavement for the sole use of bicycles. December 14, 2023 ITEM NO.: 4 (Cont.) FILE NO.: LU2023-18-01 4 Historic Preservation Plan: There are no historic districts in the area. H. ANALYSIS: The application area is located on the north side of Lawson Road in a partially developed portion of the extra territorial jurisdiction (ETJ). The Future Land Use Plan Map shows Residential Low Density (RL) for the site. It is currently zoned R-2, Single-Family District. The application area covers approximately 2 acres +/-. The property is located on the southern boundary of the Ellis Mountain Planning District. The property has about 330’ of frontage along Lawson Road. The property is not in a floodway. There have been no Land Use Amendments in the area for the past 10 years. Residential Low Density (RL) development is in the extreme peripheral portions of the plan area and along certain ridge tops in the areas containing a substantial number of steep slopes. These RL areas are likely to develop at overall densities of less than one unit per acre, while normal single-family density will occur in a range of 1-5 units. In the southern edge of the Ellis Mountain Planning District, commercial designations on the plan have been located to discourage strip commercial development to the maximum extent possible and to encourage commercial concentrations at major intersections of arterial streets. Areas of commercial land use are designated throughout the district to serve a variety of functions ranging from neighborhood convenience shopping areas to community centers and general commercial districts. While on the southern edge of the Ellis Mountain Planning District, it is adjacent to the northern edge of the Crystal Valley Planning District. This area may more closely resemble the Land Use Plan of the Crystal Valley Planning District. In this planning district, a node of Neighborhood commercial is found on the north end of Sullivan Road, at Lawson Road very near the applicant. The application is for Neighborhood Commercial (NC) fronting Lawson Road, a minor arterial. Although the area is primarily Residential Low Density (RL), there are several Neighborhood Commercial areas along Lawson Road both to the southwest at the intersection of Sullivan Road and Lawson Road. There is also some Commercial (C) Land Use to the northeast at the intersection of Lawson Road and Marsh Road. Neighborhood Commercial Land Use in this area is consistent with designating commercial throughout the district to serve a variety of functions. December 14, 2023 ITEM NO.: 4 (Cont.) FILE NO.: LU2023-18-01 5 I. STAFF RECOMMENDATION: Staff recommends approval of the applicant’s request to amend the Land Use designation from Residential Low Density (RL) to Neighborhood Commercial (NC). PLANNING COMMISSION ACTION: (DECEMBER 14, 2023) The applicant was present, representing the application. Staff presented the item and a recommendation for approval. There were no objectors present. After general discussion, there was a motion to approve the application. The motion was seconded. The vote was 11 ayes, 0 nays and 0 absent. The motion passed unanimously. December 14, 2023 ITEM NO.: 4.1 FILE NO.: Z-9879 NAME: Rezoning from R-2 to C-1 LOCATION: 17900 Lawson Road DEVELOPER: James Kirk Wallace and Leigh Ann Wallace 17900 Lawson Road Little Rock, AR 72210 OWNER/AUTHORIZED AGENT: James K. and Leigh Ann Wallace – Owners Holloway Engineering – Agent SURVEYOR/ENGINEER: Holloway Engineering, Surveying and Civil Design, PLLC 200 Casey Drive Maumelle, AR 72113 AREA: 1.97 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: N/A PLANNING DISTRICT: 18 CENSUS TRACT: 42.07 CURRENT ZONING: R-2 VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes to rezone the 1.97 acre property located at 17900 Lawson Road from “R-2” Single Family District to “C-1” Neighborhood Commercial District to allow for development of a market to sell fresh produce and handcrafted items. B. EXISTING CONDITIONS: The property is occupied by a one-story single family residence located at the southwest portion of the property. An access drive from Lawson Road is located December 14, 2023 ITEM NO.: 4.1 (Cont.) FILE NO.: Z-9879 2 in front of the residence. Two (2) accessory buildings, including a small greenhouse, are located east of the residence. 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 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 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 December 14, 2023 ITEM NO.: 4.1 (Cont.) FILE NO.: Z-9879 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. 30’ Tall Buildings - Maintain aerial fire apparatus access roads as per Appendix D of the 2021 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. December 14, 2023 ITEM NO.: 4.1 (Cont.) FILE NO.: Z-9879 4 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. 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 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. December 14, 2023 ITEM NO.: 4.1 (Cont.) FILE NO.: Z-9879 5 County Planning: 1. Dedicate R/W to meet Master Street Plan if City requires. Contact Pulaski County for Quit Claim deed template for R/W dedication. 2. Provide septic approval and Volunteer Fire Department approval for any new buildings constructed on the property prior to requesting an address. 3. Obtain Driveway permit from PCRB (340-6800) for any new driveway or driveway improvements. 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. Site development plans, with landscape and screening, must be submitted for review, and approval, prior to site clearing and tree removal. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. Planning Division: The request is in the Ellis Mountain Planning District. The Land Use Plan shows Residential Low Density (RL) 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-2 to C-1 for a local goods market. Surrounding the application area is Residential Low Density (RL) with single-family residences on large tracts. To the north and east of the site are two undeveloped wooded tracts of land. 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. December 14, 2023 ITEM NO.: 4.1 (Cont.) FILE NO.: Z-9879 6 This site is not in an Overlay District. Master Street Plan: Lawson Road is a Minor Arterial on the Master Street Plan. Minor Arterials are high volume roads designed to provide the connections to and through an urban area. Curb cuts should be minimized to allow for continuous traffic flow while still allowing some access to adjoining property. Standard Right-of-way (ROW) is 90 feet. Sidewalks are required on both sides. This street may need more ROW and/or paving width. May require dedication of ROW or improvements. Bicycle Plan: Lawson Road is a Proposed BIKEWAY II-LANE on the Master Bike Plan. Class II Bike Lanes are a route designated by painted strips separating the bikeway from motor vehicle traffic and intended for the sole use by bicycles. Additional pavement markings and signage is required. Historic Preservation Plan: This property is not a contributing structure and is not located in a Historic District. H. ANALYSIS: The applicant proposes to rezone the 1.97 acre property located at 17900 Lawson Road from “R-2” Single Family District to “C-1” Neighborhood Commercial District to allow for development of a market to sell fresh produce and handcrafted items. The property is occupied by a one-story single family residence located at the southwest portion of the property. An access drive from Lawson Road is located in front of the residence. Two (2) accessory buildings, including a small greenhouse, are located east of the residence. The City’s Future Land Use Plan designates this property as “RL” Residential Low Density. A land use plan amendment from “RL” to “NC” Neighborhood Commercial is a separate item on this agenda. Staff is supportive of the requested C-1 rezoning. Staff views the request as reasonable. There is a scattering of commercial uses and zoning along both sides of Lawson Road, between Sullivan Road and Marsh Road. There is also a nonconforming auto body shop three (3) lots to the west. The requested C-1 rezoning will not be out of character with the existing zoning pattern along this section of Lawson Road. December 14, 2023 ITEM NO.: 4.1 (Cont.) FILE NO.: Z-9879 7 I. STAFF RECOMMENDATION: Staff recommends approval of the requested C-1 rezoning. PLANNING COMMISSION ACTION: (DECEMBER 14, 2023) The applicant was present, representing the application. Staff presented the item and a recommendation for approval. There were no objectors present. After general discussion, there was a motion to approve the application. The motion was seconded. The vote was 11 ayes, 0 nays and 0 absent. The motion passed unanimously. December 14, 2023 ITEM NO.: 5 FILE NO.: Z-9880 NAME: Community Living #1 Group Home – Special Use Permit LOCATION: 12553 Rivercrest Drive DEVELOPER: Brian Hartsell (Agent) Community Living, Inc. 105 E. Roosevelt Road Little Rock, AR 72206 OWNER/AUTHORIZED AGENT: Community Living, Inc. (Owner) Attn: Brian Hartsell 105 E. Roosevelt Road Little Rock, AR 72206 SURVEYOR/ENGINEER: N/A AREA: 0.46 acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 4 PLANNING DISTRICT: 1 CENSUS TRACT: 42.05 CURRENT ZONING: R-2 VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is requesting a special use permit to allow for a group home facility to be operated in the existing single-family residence. The proposed group home will have a maximum of five (5) residents at any given time. B. EXISTING CONDITIONS: The site located in the Walton Heights Subdivision along Rivercrest Drive and contains a 2,117 square foot, two-story, single-family residence. R-2 zoning is December 14, 2023 ITEM NO.: 5 (Cont.) FILE NO.: Z-9880 2 contained in all directions, with exception to the south, which is zoned PR (park/recreation). 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 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. Fire Department: No comments. Parks and Recreation: No comments received. County Planning: No comments. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. Landscape: No comments. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. Planning Division: No comments. December 14, 2023 ITEM NO.: 5 (Cont.) FILE NO.: Z-9880 3 H. ANALYSIS: The applicant is requesting a special use permit to allow for a group home facility to be operated in the existing single-family residence. The proposed group home will have a maximum of five (5) residents at any given time. The site located in the Walton Heights Subdivision along Rivercrest Drive and contains a 2,117 square foot, two-story, single-family residence. R-2 zoning is contained in all directions, with exception to the south, which is zoned PR (park/recreation). No signage beyond that allowed in single-family and two-family zones will be permitted. The applicant notes five (5) “developmentally disabled” persons will occupy the residence at any given time. Staff presence, if provided, will be rotating shifts of 8-12 hours each. At least one (1), but no more than two (2) staffers will be present. The applicant notes Community Living will provide “supported living services” through the CES Waiver Program. The applicant notes if the occupant is a licensed driver and has access to a vehicle, they are permitted to drive. A parking plan was submitted and shows an existing 2-car garage will be utilized for parking at this location with additional onsite parking available in the driveway. The applicant did not provide a bill assurance for this property. Section 36-54(e)(4) of the City’s Zoning Ordinance provides the following provisions for Group Home Facilities, as adopted by the Board of Directors on September 6, 2005: 1. family care facility, group care facility, group home, parolee or probationer housing facility, rooming, lodging and boarding facility. (a) Separation, spacing and procedural requirements for family care facilities, group care facilities, group homes, parolee or probationer housing facilities and rooming, lodging and boarding facilities will be determined by the planning commission so as not to adversely impact the surrounding properties and neighborhood. Unless the commission determines that a different area is more appropriate, a neighborhood shall be defined as an area incorporating all properties lying within one thousand five hundred (1,500) feet of the site for which the permit is requested. December 14, 2023 ITEM NO.: 5 (Cont.) FILE NO.: Z-9880 4 (b) There shall be a presumption that a special use permit for a group home of 5, 6, 7, or 8 handicapped persons will be granted if all ordinance requirements are met, except that individuals whose tenancy would constitute a direct threat to the health or safety of other individuals of whose tenancy would result in substantial physical damage to the property of others shall not be allowed in such a home. (c) Issues that the planning commission will consider during its review of a family care facility, group care facility, group home, parolee or probationer housing facility, or rooming, lodging and boarding facility include, but are not limited to: 1. Spacing of existing similar facilities. 2. Existing zoning and land use patterns. 3. The maximum number of individuals proposed to be served, the number of employees proposed and the type of services being proposed. 4. The need and provision for readily accessible public or quasi- public transportation. 5. Access to needed support services such as social services agencies, employment agencies and medical service providers. 6. Availability of adequate on-site parking. (d) The fire marshal must approve the use of any structure proposed as a family care facility, group care facility, group home, parolee or probation housing facility or rooming, lodging and boarding facility. (e) Family care facilities, group care facilities, group homes and parole or probation housing facilities shall be operated within any and all applicable licensing and procedural requirements established by the State of Arkansas. To staff’s knowledge, there are no other transitional residential facilities within 1,500 feet of the property. Section 8-406 (a) of the City's Buildings and Building Regulations Ordinance (minimum area per dwelling unit) requires 150 square feet for the first occupant and 100 square feet for each additional occupant. Therefore, the minimum area for this residence occupied by five (5) persons is 550 square feet. As noted earlier the residence is 2,117 square feet in total area. Section 8-406 (b) (minimum area per bedroom) requires 70 square feet for the first occupant and 50 square feet for each additional occupant. The applicant December 14, 2023 ITEM NO.: 5 (Cont.) FILE NO.: Z-9880 5 provided a statement demonstrating compliance with this section of the code as only one (1) person will occupy each bedroom. Special Use Permits are not transferable in any manner. Permits cannot be transferred from owner to owner, location to location or use to use. Staff does not support the special use permit as requested. Although the applicant complies with Section 8-406 (a) and Section 8-406(b) of the City's Buildings and Building Regulations Ordinance, staff feels the applicant should seek a residential location fronting a more major roadway, possibly along the perimeter of a single- family subdivision. The subject property is not “readily accessible to public or quasi-public transportation.” Bus route #25 (Pinnacle Mountain Express Route) runs along Cantrell Road to the south, approximately 1.7 miles from the subject property. I. STAFF RECOMMENDATION: Staff recommends denial of the special use permit as requested. PLANNING COMMISSION ACTION: (DECEMBER 14, 2023) This item was deferred to the January 11, 2024 agenda as the applicant failed to notify the surrounding property owners as required. December 14, 2023 ITEM NO.: 6 FILE NO.: Z-9881 NAME: Community Living #2 Group Home – Special Use Permit LOCATION: 1925 Perry Street DEVELOPER: Brian Hartsell (Agent) Community Living, Inc. 105 E. Roosevelt Road Little Rock, AR 72206 OWNER/AUTHORIZED AGENT: Community Living, Inc. (Owner) Attn: Brian Hartsell 105 E. Roosevelt Road Little Rock, AR 72206 SURVEYOR/ENGINEER: N/A AREA: 0.32 acre NUMBER OF LOTS: 2 FT. NEW STREET: 0 LF WARD: 6 PLANNING DISTRICT: 11 CENSUS TRACT: 24.08 CURRENT ZONING: R-2 VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is requesting a special use permit to allow for a group home facility to be operated in the existing single-family residence. The proposed group home will have a maximum of four (4) residents at any given time. B. EXISTING CONDITIONS: The site located in the Hicks Interurban Subdivision along Perry Street and contains a 1,440 square foot, one-story, single-family residence. A mixture of zoning and uses are contained in all directions. December 14, 2023 ITEM NO.: 6 (Cont.) FILE NO.: Z-9881 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: 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: 1. All Central Arkansas Water requirements in effect at the time of request for water service must be met. Fire Department: No comments. Parks and Recreation: No comments received. County Planning: No comments. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. Landscape: No comments. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. Planning Division: The request is in the I-430 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 December 14, 2023 ITEM NO.: 6 (Cont.) FILE NO.: Z-9881 3 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 for a SUP for a Group Care Facility in R-2 (Single Family Residential) zoning. H. ANALYSIS: The applicant is requesting a special use permit to allow for a group home facility to be operated in the existing single-family residence. The proposed group home will have a maximum of four (4) residents at any given time. The site located in the Hicks Interurban Subdivision along Perry Street and contains a 1,440 square foot, one-story, single-family residence. A mixture of zoning and uses are contained in all directions. No signage beyond that allowed in single-family and two-family zones will be permitted. The applicant notes four (4) “developmentally disabled” persons will occupy the residence at any given time. Staff presence, if provided, will be rotating shifts of 8-12 hours each. At least one (1), but no more than two (2) staffers will be present. The applicant notes Community Living will provide “Supported Living” services through the CES Waiver Program. The applicant notes if the occupant is a licensed driver and has access to a vehicle, they are permitted to drive. A parking plan was submitted and shows two (2) onsite parking spaces provided on the southern portion of the property, in the paved circle driveway along W. 20th Street, and two (2) onsite spaces provided on the western portion of the property along Perry Street for a total of four (4) onsite parking spaces. All parking spaces shall be ADA compliant regarding accessibility for persons deemed disabled. The applicant notes that Pulaski County Public Records yielded no bill of assurance for this property. Section 36-54(e)(4) of the City’s Zoning Ordinance provides the following provisions for Group Home Facilities, as adopted by the Board of Directors on September 6, 2005: 2. family care facility, group care facility, group home, parolee or probationer housing facility, rooming, lodging and boarding facility. (a) Separation, spacing and procedural requirements for family care facilities, group care facilities, group homes, parolee or probationer December 14, 2023 ITEM NO.: 6 (Cont.) FILE NO.: Z-9881 4 housing facilities and rooming, lodging and boarding facilities will be determined by the planning commission so as not to adversely impact the surrounding properties and neighborhood. Unless the commission determines that a different area is more appropriate, a neighborhood shall be defined as an area incorporating all properties lying within one thousand five hundred (1,500) feet of the site for which the permit is requested. (b) There shall be a presumption that a special use permit for a group home of 5, 6, 7, or 8 handicapped persons will be granted if all ordinance requirements are met, except that individuals whose tenancy would constitute a direct threat to the health or safety of other individuals of whose tenancy would result in substantial physical damage to the property of others shall not be allowed in such a home. (c) Issues that the planning commission will consider during its review of a family care facility, group care facility, group home, parolee or probationer housing facility, or rooming, lodging and boarding facility include, but are not limited to: 1. Spacing of existing similar facilities. 2. Existing zoning and land use patterns. 3. The maximum number of individuals proposed to be served, the number of employees proposed and the type of services being proposed. 4. The need and provision for readily accessible public or quasi- public transportation. 5. Access to needed support services such as social services agencies, employment agencies and medical service providers. 6. Availability of adequate on-site parking. (d) The fire marshal must approve the use of any structure proposed as a family care facility, group care facility, group home, parolee or probation housing facility or rooming, lodging and boarding facility. (e) Family care facilities, group care facilities, group homes and parole or probation housing facilities shall be operated within any and all applicable licensing and procedural requirements established by the State of Arkansas. To staff’s knowledge, there are two (2) transitional residential facilities within 1,500 feet of subject property: 2111 Aldersgate Road and 2117 Aldersgate Road. Both December 14, 2023 ITEM NO.: 6 (Cont.) FILE NO.: Z-9881 5 properties are approximately 697 linear feet, as measured, from the subject property and will be heard as separate items on this agenda. Section 8-406 (a) of the City's Buildings and Building Regulations Ordinance (minimum area per dwelling unit) requires 150 square feet for the first occupant and 100 square feet for each additional occupant. Therefore, the minimum area for this residence occupied by four (4) persons is 450 square feet. As noted earlier the residence is 1,440 square feet in total area. Section 8-406 (b) (minimum area per bedroom) requires 70 square feet for the first occupant and 50 square feet for each additional occupant. The applicant provided a statement demonstrating compliance with this section of the code as only one (1) person will occupy each bedroom. Special Use Permits are not transferable in any manner. Permits cannot be transferred from owner to owner, location to location or use to use. Staff does not support approval of the special use permit as requested. Although the proposed use complies with Section 8-406(a) and Section 8-406(b) of the City's Buildings and Building Regulations Ordinance, the proposed group home is located less than 1,500 feet away from two (2) other group homes, which are separate SUP applications on this agenda. Staff feels that this represents too many transitional living-type facilities within this small neighborhood area. Furthermore, staff feels the applicant should seek a residential location fronting a more major roadway, possibly along the perimeter of a single-family subdivision. The subject property is not “readily accessible to public or quasi-public transportation.” Bus Route #3 (Baptist Medical Center Route) runs along Kanis Road, approximately 0.6 mile to the north. I. STAFF RECOMMENDATION: Staff recommends denial of the special use permit as requested. PLANNING COMMISSION ACTION: (DECEMBER 14, 2023) This item was deferred to the January 11, 2024 agenda as the applicant failed to notify the surrounding property owners as required. December 14, 2023 ITEM NO.: 7 FILE NO.: Z-9882 NAME: Community Living #3 Group Home – Special Use Permit LOCATION: 2111 Aldersgate Road DEVELOPER: Brian Hartsell (Agent) Community Living, Inc. 105 E. Roosevelt Road Little Rock, AR 72206 OWNER/AUTHORIZED AGENT: Community Living, Inc. (Owner) Attn: Brian Hartsell 105 E. Roosevelt Road Little Rock, AR 72206 SURVEYOR/ENGINEER: N/A AREA: 0.64 acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 6 PLANNING DISTRICT: 11 CENSUS TRACT: 24.08 CURRENT ZONING: R-2 VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is requesting a special use permit to allow for a group home facility to be operated in the existing single-family residence. The proposed group home will have a maximum of four (4) residents at any given time. B. EXISTING CONDITIONS: The site located in the Hicks Interurban Subdivision along Aldersgate Road. The lot contains two (2) existing single-family residences. The subject property, December 14, 2023 ITEM NO.: 7 (Cont.) FILE NO.: Z-9882 2 2111 Aldersgate Road, is a one-story residence located on the northern portion of the lot and measures 2,328 square foot in area. A mixture of zoning and uses are contained in all directions. 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 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. Fire Department: No comments. Parks and Recreation: No comments received. County Planning: No comments. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. Landscape: No comments. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. December 14, 2023 ITEM NO.: 7 (Cont.) FILE NO.: Z-9882 3 Planning Division: The request is in the I-430 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 for a SUP for a Group Care Facility in R-2 (Single Family Residential) zoning. H. ANALYSIS: The applicant is requesting a special use permit to allow for a group home facility to be operated in the existing single-family residence. The proposed group home will have a maximum of four (4) residents at any given time. The site located in the Hicks Interurban Subdivision along Aldersgate Road. The lot contains two (2) existing single-family residences. The subject property, 2111 Aldersgate Road, is a one-story residence located on the northern portion of the lot and measures 2,328 square foot in area. A mixture of zoning and uses are contained in all directions. No signage beyond that allowed in single-family and two-family zones will be permitted. The applicant notes four (4) “developmentally disabled” persons will occupy the residence at any given time. Staff presence, if provided, will be rotating shifts of 8-12 hours each. At least one (1), but no more than two (2) staffers will be present. The applicant notes Community Living will provide “Supported Living” services through the CES Waiver Program. The applicant notes if the occupant is a licensed driver and has access to a vehicle, they are permitted to drive. A parking plan was submitted and shows four (4) onsite parking spaces provided in the circle driveway along Aldersgate Road. All parking spaces shall be ADA compliant regarding accessibility for persons deemed disable. The applicant notes that Pulaski County Public Records yielded no bill of assurance for this subdivision. December 14, 2023 ITEM NO.: 7 (Cont.) FILE NO.: Z-9882 4 Section 36-54(e)(4) of the City’s Zoning Ordinance provides the following provisions for Group Home Facilities, as adopted by the Board of Directors on September 6, 2005: 3. family care facility, group care facility, group home, parolee or probationer housing facility, rooming, lodging and boarding facility. (a) Separation, spacing and procedural requirements for family care facilities, group care facilities, group homes, parolee or probationer housing facilities and rooming, lodging and boarding facilities will be determined by the planning commission so as not to adversely impact the surrounding properties and neighborhood. Unless the commission determines that a different area is more appropriate, a neighborhood shall be defined as an area incorporating all properties lying within one thousand five hundred (1,500) feet of the site for which the permit is requested. (b) There shall be a presumption that a special use permit for a group home of 5, 6, 7, or 8 handicapped persons will be granted if all ordinance requirements are met, except that individuals whose tenancy would constitute a direct threat to the health or safety of other individuals of whose tenancy would result in substantial physical damage to the property of others shall not be allowed in such a home. (c) Issues that the planning commission will consider during its review of a family care facility, group care facility, group home, parolee or probationer housing facility, or rooming, lodging and boarding facility include, but are not limited to: 1. Spacing of existing similar facilities. 2. Existing zoning and land use patterns. 3. The maximum number of individuals proposed to be served, the number of employees proposed and the type of services being proposed. 4. The need and provision for readily accessible public or quasi- public transportation. 5. Access to needed support services such as social services agencies, employment agencies and medical service providers. 6. Availability of adequate on-site parking. December 14, 2023 ITEM NO.: 7 (Cont.) FILE NO.: Z-9882 5 (d) The fire marshal must approve the use of any structure proposed as a family care facility, group care facility, group home, parolee or probation housing facility or rooming, lodging and boarding facility. (e) Family care facilities, group care facilities, group homes and parole or probation housing facilities shall be operated within any and all applicable licensing and procedural requirements established by the State of Arkansas. To staff’s knowledge, there are two (2) transitional residential facilities within 1,500 feet of the subject property: 2117 Aldersgate Road (35 linear feet to 2111 Aldersgate Road, as measured) and 1925 Perry Street (697 linear feet to 2111 Aldersgate Road, as measured). The other two (2) group homes will be heard as separate items on this agenda. Section 8-406 (a) of the City's Buildings and Building Regulations Ordinance (minimum area per dwelling unit) requires 150 square feet for the first occupant and 100 square feet for each additional occupant. Therefore, the minimum area for this residence occupied by four (4) persons is 450 square feet. As noted earlier the residence is 2,328 square feet in total area. Section 8-406 (b) (minimum area per bedroom) requires 70 square feet for the first occupant and 50 square feet for each additional occupant. The applicant provided a statement demonstrating compliance with this section of the code as only one (1) person will occupy each bedroom. Special Use Permits are not transferable in any manner. Permits cannot be transferred from owner to owner, location to location or use to use. Staff does not support approval of the special use permit as requested. Although the proposed use complies with Section 8-406(a) and Section 8-406(b) of the City's Buildings and Building Regulations Ordinance, the proposed group home is located less than 1,500 feet away from two (2) other group homes, which are separate SUP applications on this agenda. Staff feels that this represents too many transitional living-type facilities within this small neighborhood area. Furthermore, staff feels the applicant should seek a residential location fronting a more major roadway, possibly along the perimeter of a single-family subdivision. The subject property is not “readily accessible to public or quasi-public transportation.” Bus Route #3 (Baptist Medical Center Route) runs along Kanis Road, approximately 0.64 mile to the north. December 14, 2023 ITEM NO.: 7 (Cont.) FILE NO.: Z-9882 6 I. STAFF RECOMMENDATION: Staff recommends denial of the special use permit as requested. PLANNING COMMISSION ACTION: (DECEMBER 14, 2023) This item was deferred to the January 11, 2024 agenda as the applicant failed to notify the surrounding property owners as required. December 14, 2023 ITEM NO.: 8 FILE NO.: Z-9883 NAME: Community Living #4 Group Home – Special Use Permit LOCATION: 2117 Aldersgate Road DEVELOPER: Brian Hartsell (Agent) Community Living, Inc. 105 E. Roosevelt Road Little Rock, AR 72206 OWNER/AUTHORIZED AGENT: Community Living, Inc. (Owner) Attn: Brian Hartsell 105 E. Roosevelt Road Little Rock, AR 72206 SURVEYOR/ENGINEER: N/A AREA: 0.64 acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 6 PLANNING DISTRICT: 11 CENSUS TRACT: 24.08 CURRENT ZONING: R-2 VARIANCE/WAIVERS: None requested. A. ROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is requesting a special use permit to allow for a group home facility to be operated in the existing single-family residence. The proposed group home will have a maximum of five (5) residents at any given time. B. EXISTING CONDITIONS: The site located in the Hicks Interurban Subdivision along Aldersgate Road. The lot contains two (2) existing single-family residences. The subject property, December 14, 2023 ITEM NO.: 8 (Cont.) FILE NO.: Z-9883 2 2117 Aldersgate Road, is a one-story residence located in the southern portion of the lot and measures 2,178 square foot in area. A mixture of zoning and uses are contained in all directions. 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 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. Fire Department: No comments. Parks and Recreation: No comments received. County Planning: No comments. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. Landscape: No comments. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. December 14, 2023 ITEM NO.: 8 (Cont.) FILE NO.: Z-9883 3 Planning Division: The request is in the I-430 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 for a SUP for a Group Care Facility in R-2 (Single Family Residential) zoning. H. ANALYSIS: The applicant is requesting a special use permit to allow for a group home facility to be operated in the existing single-family residence. The proposed group home will have a maximum of five (5) residents at any given time. The site located in the Hicks Interurban Subdivision along Aldersgate Road. The lot contains two (2) existing single-family residences. The subject property, 2117 Aldersgate Road, is a one-story residence located in the southern portion of the lot and measures 2,178 square foot in area. A mixture of zoning and uses are contained in all directions. No signage beyond that allowed in single-family and two-family zones will be permitted. The applicant notes five (5) “developmentally disabled” persons will occupy the residence at any given time. Staff presence, if provided, will be rotating shifts of 8- 12 hours each. At least one (1), but no more than two (2) staffers will be present. The applicant notes Community Living will provide “Supported Living” services through the CES Waiver Program. The applicant notes if the occupant is a licensed driver and has access to a vehicle, they are permitted to drive. A parking plan was submitted to staff and shows (2) parking spaces provided in the circle driveway along Aldersgate Road and four (4) spaces in the front of the residence for a total of six (6) onsite parking spaces located on the west side of the residence. All parking spaces shall be ADA compliant regarding accessibility for persons deemed disable. The applicant notes that Pulaski County Public Records yielded no bill of assurance for this subdivision. December 14, 2023 ITEM NO.: 8 (Cont.) FILE NO.: Z-9883 4 Section 36-54(e)(4) of the City’s Zoning Ordinance provides the following provisions for Group Home Facilities, as adopted by the Board of Directors on September 6, 2005: 4. family care facility, group care facility, group home, parolee or probationer housing facility, rooming, lodging and boarding facility. (a) Separation, spacing and procedural requirements for family care facilities, group care facilities, group homes, parolee or probationer housing facilities and rooming, lodging and boarding facilities will be determined by the planning commission so as not to adversely impact the surrounding properties and neighborhood. Unless the commission determines that a different area is more appropriate, a neighborhood shall be defined as an area incorporating all properties lying within one thousand five hundred (1,500) feet of the site for which the permit is requested. (b) There shall be a presumption that a special use permit for a group home of 5, 6, 7, or 8 handicapped persons will be granted if all ordinance requirements are met, except that individuals whose tenancy would constitute a direct threat to the health or safety of other individuals of whose tenancy would result in substantial physical damage to the property of others shall not be allowed in such a home. (c) Issues that the planning commission will consider during its review of a family care facility, group care facility, group home, parolee or probationer housing facility, or rooming, lodging and boarding facility include, but are not limited to: 1. Spacing of existing similar facilities. 2. Existing zoning and land use patterns. 3. The maximum number of individuals proposed to be served, the number of employees proposed and the type of services being proposed. 4. The need and provision for readily accessible public or quasi-public transportation. 5. Access to needed support services such as social services agencies, employment agencies and medical service providers. 6. Availability of adequate on-site parking. (d) The fire marshal must approve the use of any structure proposed as a family care facility, group care facility, group home, parolee or probation housing facility or rooming, lodging and boarding facility. December 14, 2023 ITEM NO.: 8 (Cont.) FILE NO.: Z-9883 5 (e) Family care facilities, group care facilities, group homes and parole or probation housing facilities shall be operated within any and all applicable licensing and procedural requirements established by the State of Arkansas. To staff’s knowledge, there are two (2) transitional residential facilities within 1,500 feet of the subject property: 2111 Aldersgate Road (35 linear feet to 2117 Aldersgate Road, as measured) and 1925 Perry Street (697 linear feet to 2111 Aldersgate Road, as measured). The other two (2) group homes will be heard as separate items on this agenda. Therefore, the minimum area for this residence occupied by four (4) persons is 550 square feet. As noted earlier the residence is 2,178 square feet in total area. Section 8-406 (a) of the City's Buildings and Building Regulations Ordinance (minimum area per dwelling unit) requires 150 square feet for the first occupant and 100 square feet for each additional occupant. Section 8-406 (b) (minimum area per bedroom) requires 70 square feet for the first occupant and 50 square feet for each additional occupant. The applicant provided a statement demonstrating compliance with this section of the code as only one (1) person will occupy each bedroom. Special Use Permits are not transferable in any manner. Permits cannot be transferred from owner to owner, location to location or use to use. Staff does not support approval of the special use permit as requested. Although the proposed use complies with Section 8-406(a) and Section 8-406(b) of the City's Buildings and Building Regulations Ordinance, the proposed group home is located less than 1,500 feet away from two (2) other group homes, which are separate SUP applications on this agenda. Staff feels that this represents too many transitional living-type facilities within this small neighborhood area. Furthermore, staff feels the applicant should seek a residential location fronting a more major roadway, possibly along the perimeter of a single-family subdivision. The subject property is not “readily accessible to public or quasi-public transportation.” Bus Route #3 (Baptist Medical Center Route) runs along Kanis Road, approximately 0.64 mile to the north. I. STAFF RECOMMENDATION: Staff recommends denial of the special use permit as requested. December 14, 2023 ITEM NO.: 8 (Cont.) FILE NO.: Z-9883 6 PLANNING COMMISSION ACTION: (DECEMBER 14, 2023) This item was deferred to the January 11, 2024 agenda as the applicant failed to notify the surrounding property owners as required. December 14, 2023 ITEM NO.: 9 FILE NO.: Z-9884 NAME: Community Living #5 Group Home – Special Use Permit LOCATION: 4 Jack Nicklaus Cove DEVELOPER: Brian Hartsell (Agent) Community Living, Inc. 105 E. Roosevelt Road Little Rock, AR 72206 OWNER/AUTHORIZED AGENT: Community Living, Inc. (Owner) Attn: Brian Hartsell 105 E. Roosevelt Road Little Rock, AR 72206 SURVEYOR/ENGINEER: N/A AREA: 0.22 acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 7 PLANNING DISTRICT: 16 CENSUS TRACT: 42.20 CURRENT ZONING: R-2 VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is requesting a special use permit to allow for a group home facility to be operated in the existing single-family residence. The proposed group home will have a maximum of four (4) residents at any given time. B. EXISTING CONDITIONS: The site located in the Fairway Woods Sub Otter Creek Subdivision along Jack Nicklaus Cove. The subject property, 4 Jack Nicklaus Cove, is a one-story residence and measuring 2,011 square foot in area. R-2 zoning is contained in all directions. December 14, 2023 ITEM NO.: 9 (Cont.) FILE NO.: Z-9884 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: 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: 1. All Central Arkansas Water requirements in effect at the time of request for water service must be met. Fire Department: No comments. Parks and Recreation: No comments received. County Planning: No comments. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. Landscape: No comments. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. Planning Division: The request is in the Otter Creek Planning District. The Land Use Plan shows Residential Low Density (RL) for the requested area. The Residential Low Density (RL) category provides for single family homes at densities not to exceed December 14, 2023 ITEM NO.: 9 (Cont.) FILE NO.: Z-9884 3 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 for a SUP for a Group Care Facility in R-2 (Single Family Residential) zoning. H. ANALYSIS: The applicant is requesting a special use permit to allow for a group home facility to be operated in the existing single-family residence. The proposed group home will have a maximum of four (4) residents at any given time. The site located in the Fairway Woods Sub Otter Creek Subdivision along Jack Nicklaus Cove. The subject property, 4 Jack Nicklaus Cove, is a one-story residence and measuring 2,011 square foot in area. R-2 zoning is contained in all directions. No signage beyond that allowed in single-family and two-family zones will be permitted. The applicant notes four (4) “developmentally disabled” persons will occupy the residence at any given time. Staff presence, if provided, will be rotating shifts of 8-12 hours each. At least one (1), but no more than two (2) staffers will be present. The applicant notes Community Living will provide “Supported Living” services through the CES Waiver Program. The applicant notes if the occupant is a licensed driver and has access to a vehicle, they are permitted to drive. A parking plan was submitted to staff which shows (2) parking spaces located inside the garage, and two (2) spaces available in the driveway along Jack Nicklaus Cove for a total of four (4) onsite parking spaces. All parking spaces shall be ADA compliant regarding accessibility for persons deemed disable. The applicant notes that Pulaski County Public Records yielded no bill of assurance for this subdivision. Section 36-54(e)(4) of the City’s Zoning Ordinance provides the following provisions for Group Home Facilities, as adopted by the Board of Directors on September 6, 2005: 5. family care facility, group care facility, group home, parolee or probationer housing facility, rooming, lodging and boarding facility. December 14, 2023 ITEM NO.: 9 (Cont.) FILE NO.: Z-9884 4 (a) Separation, spacing and procedural requirements for family care facilities, group care facilities, group homes, parolee or probationer housing facilities and rooming, lodging and boarding facilities will be determined by the planning commission so as not to adversely impact the surrounding properties and neighborhood. Unless the commission determines that a different area is more appropriate, a neighborhood shall be defined as an area incorporating all properties lying within one thousand five hundred (1,500) feet of the site for which the permit is requested. (b) There shall be a presumption that a special use permit for a group home of 5, 6, 7, or 8 handicapped persons will be granted if all ordinance requirements are met, except that individuals whose tenancy would constitute a direct threat to the health or safety of other individuals of whose tenancy would result in substantial physical damage to the property of others shall not be allowed in such a home. (c) Issues that the planning commission will consider during its review of a family care facility, group care facility, group home, parolee or probationer housing facility, or rooming, lodging and boarding facility include, but are not limited to: 1. Spacing of existing similar facilities. 2. Existing zoning and land use patterns. 3. The maximum number of individuals proposed to be served, the number of employees proposed and the type of services being proposed. 4. The need and provision for readily accessible public or quasi-public transportation. 5. Access to needed support services such as social services agencies, employment agencies and medical service providers. 6. Availability of adequate on-site parking. (d) The fire marshal must approve the use of any structure proposed as a family care facility, group care facility, group home, parolee or probation housing facility or rooming, lodging and boarding facility. (e) Family care facilities, group care facilities, group homes and parole or probation housing facilities shall be operated within any and all applicable licensing and procedural requirements established by the State of Arkansas. December 14, 2023 ITEM NO.: 9 (Cont.) FILE NO.: Z-9884 5 To staff’s knowledge, there is one (1) transitional residential facility within 1,500 feet of the subject property. 10 Ben Hogan Cove is located 272 linear feet, as measured, from the subject property and will be heard as separate item on this agenda. Section 8-406 (a) of the City's Buildings and Building Regulations Ordinance (minimum area per dwelling unit) requires 150 square feet for the first occupant and 100 square feet for each additional occupant. Therefore, the minimum area for this residence occupied by four (4) persons is 450 square feet. As noted earlier the residence is 2,178 square feet in total area. Section 8-406 (b) (minimum area per bedroom) requires 70 square feet for the first occupant and 50 square feet for each additional occupant. The applicant provided a statement demonstrating compliance with this section of the code as only one (1) person will occupy each bedroom. Special Use Permits are not transferable in any manner. Permits cannot be transferred from owner to owner, location to location or use to use. Staff does not support approval of the special use permit as requested. Although the proposed use complies with Section 8-406(a) and Section 8-406(b) of the City's Buildings and Building Regulations Ordinance, the proposed group home is located less than 1,500 feet away from one (1) other group home, which is a separate SUP application on this agenda. Staff feels that this represents too many transitional living-type facilities within this small neighborhood area. Furthermore, staff feels the applicant should seek a residential location fronting a more major roadway, possibly along the perimeter of a single-family subdivision. The subject property is not “readily accessible to public or quasi-public transportation.” Bus Route #23 (Baseline/Southwest Route) runs along Stagecoach Road, approximately 1.15 mile to the east. I. STAFF RECOMMENDATION: Staff recommends denial of the special use permit as requested. PLANNING COMMISSION ACTION: (DECEMBER 14, 2023) This item was deferred to the January 11, 2024 agenda as the applicant failed to notify the surrounding property owners as required. December 14, 2023 ITEM NO.: 10 FILE NO.: Z-9885 NAME: Community Living #6 Group Home – Special Use Permit LOCATION: 10 Ben Hogan Cove DEVELOPER: Brian Hartsell (Agent) Community Living, Inc. 105 E. Roosevelt Road Little Rock, AR 72206 OWNER/AUTHORIZED AGENT: Community Living, Inc. (Owner) Attn: Brian Hartsell 105 E. Roosevelt Road Little Rock, AR 72206 SURVEYOR/ENGINEER: N/A AREA: 0.22 acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 7 PLANNING DISTRICT: 16 CENSUS TRACT: 42.20 CURRENT ZONING: R-2 VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is requesting a special use permit to allow for a group home facility to be operated in the existing single-family residence. The proposed group home will have a maximum of five (5) residents at any given time. B. EXISTING CONDITIONS: The site located in the Fairway Woods Sub Otter Creek Subdivision along Ben Hogan Cove. The subject property, 10 Ben Hogan Cove, is a one-story residence and measuring 2,224 square foot in area. R-2 zoning is contained in all directions. December 14, 2023 ITEM NO.: 10 (Cont.) FILE NO.: Z-9885 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: 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: 1. All Central Arkansas Water requirements in effect at the time of request for water service must be met. Fire Department: No comments. Parks and Recreation: No comments received. County Planning: No comments. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. Landscape: No comments. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. Planning Division: The request is in the Otter Creek Planning District. The Land Use Plan shows Residential Low Density (RL) for the requested area. The Residential Low Density (RL) category provides for single family homes at densities not to exceed 6 dwelling units per acre. Such residential development is typically characterized December 14, 2023 ITEM NO.: 10 (Cont.) FILE NO.: Z-9885 3 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 for a SUP for a Group Care Facility in R-2 (Single Family Residential) zoning. H. ANALYSIS: The applicant is requesting a special use permit to allow for a group home facility to be operated in the existing single-family residence. The proposed group home will have a maximum of five (5) residents at any given time. The site located in the Fairway Woods Sub Otter Creek Subdivision along Ben Hogan Cove. The subject p roperty, 10 Ben Hogan Cove, is a one-story residence and measuring 2,224 square foot in area. R-2 zoning is contained in all directions. No signage beyond that allowed in single-family and two-family zones will be permitted. The applicant notes five (5) “developmentally disabled” persons will occupy the residence at any given time. Staff presence, if provided, will be rotating shifts of 8-12 hours each. At least one (1), but no more than two (2) staffers will be present. The applicant notes Community Living will provide “Supported Living” services through the CES Waiver Program. The applicant notes if the occupant is a licensed driver and has access to a vehicle, they are permitted to drive. A parking plan was submitted to staff which shows (2) parking spaces located inside the garage, and two (2) spaces available in the driveway along Jack Nicklaus Cove for a total of four (4) onsite parking spaces. All parking spaces shall be ADA compliant regarding accessibility for persons deemed disable. The applicant notes that Pulaski County Public Records yielded no bill of assurance for this subdivision. Section 36-54(e)(4) of the City’s Zoning Ordinance provides the following provisions for Group Home Facilities, as adopted by the Board of Directors on September 6, 2005: 6. family care facility, group care facility, group home, parolee or probationer housing facility, rooming, lodging and boarding facility. (a) Separation, spacing and procedural requirements for family care facilities, group care facilities, group homes, parolee or probationer housing facilities and rooming, lodging and boarding facilities will be determined by the December 14, 2023 ITEM NO.: 10 (Cont.) FILE NO.: Z-9885 4 planning commission so as not to adversely impact the surrounding properties and neighborhood. Unless the commission determines that a different area is more appropriate, a neighborhood shall be defined as an area incorporating all properties lying within one thousand five hundred (1,500) feet of the site for which the permit is requested. (b) There shall be a presumption that a special use permit for a group home of 5, 6, 7, or 8 handicapped persons will be granted if all ordinance requirements are met, except that individuals whose tenancy would constitute a direct threat to the health or safety of other individuals of whose tenancy would result in substantial physical damage to the property of others shall not be allowed in such a home. (c) Issues that the planning commission will consider during its review of a family care facility, group care facility, group home, parolee or probationer housing facility, or rooming, lodging and boarding facility include, but are not limited to: 1. Spacing of existing similar facilities. 2. Existing zoning and land use patterns. 3. The maximum number of individuals proposed to be served, the number of employees proposed and the type of services being proposed. 4. The need and provision for readily accessible public or quasi-public transportation. 5. Access to needed support services such as social services agencies, employment agencies and medical service providers. 6. Availability of adequate on-site parking. (d) The fire marshal must approve the use of any structure proposed as a family care facility, group care facility, group home, parolee or probation housing facility or rooming, lodging and boarding facility. (e) Family care facilities, group care facilities, group homes and parole or probation housing facilities shall be operated within any and all applicable licensing and procedural requirements established by the State of Arkansas. To staff’s knowledge, there is one (1) transitional residential facility within 1,500 feet of the subject property. 4 Jack Nicklaus Cove is located 272 linear feet, as measured, from the subject property and will be heard as separate item on this agenda. December 14, 2023 ITEM NO.: 10 (Cont.) FILE NO.: Z-9885 5 Section 8-406 (a) of the City's Buildings and Building Regulations Ordinance (minimum area per dwelling unit) requires 150 square feet for the first occupant and 100 square feet for each additional occupant. Therefore, the minimum area for this residence occupied by five (5) persons is 550 square feet. As noted earlier the residence is 2,224 square feet in total area. Section 8-406 (b) (minimum area per bedroom) requires 70 square feet for the first occupant and 50 square feet for each additional occupant. The applicant provided a statement demonstrating compliance with this section of the code as only one (1) person will occupy each bedroom. Special Use Permits are not transferable in any manner. Permits cannot be transferred from owner to owner, location to location or use to use. Staff does not support approval of the special use permit as requested. Although the proposed use complies with Section 8-406(a) and Section 8-406(b) of the City's Buildings and Building Regulations Ordinance, the proposed group home is located less than 1,500 feet away from one (1) other group home, which is a separate SUP application on this agenda. Staff feels that this represents too many transitional living-type facilities within this small neighborhood area. Furthermore, staff feels the applicant should seek a residential location fronting a more major roadway, possibly along the perimeter of a single-family subdivision. The subject property is not “readily accessible to public or quasi-public transportation.” Bus Route #23 (Baseline/Southwest Route) runs along Stagecoach Road, approximately 1.25 mile to the east. I. STAFF RECOMMENDATION: Staff recommends denial of the special use permit as requested. PLANNING COMMISSION ACTION: (DECEMBER 14, 2023) This item was deferred to the January 11, 2024 agenda as the applicant failed to notify the surrounding property owners as required. December 14, 2023 ITEM NO.: 11 FILE NO.: Z-9886 NAME: Community Living #7 Group Home – Special Use Permit LOCATION: 2516 Riverfront Drive (Unit 1) DEVELOPER: Brian Hartsell (Agent) Community Living, Inc. 105 E. Roosevelt Road Little Rock, AR 72206 OWNER/AUTHORIZED AGENT: Round River HPR-Control Card 1501 N. University Little Rock, AR 72207 SURVEYOR/ENGINEER: N/A AREA: 12.50 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 3 PLANNING DISTRICT: 4 CENSUS TRACT: 15.02 CURRENT ZONING: R-2 VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is requesting a special use permit to allow for a group home facility to be operated in the existing Round River Condominiums (Unit 1). The proposed apartment unit for the group home use is 1,847 square feet and will contain a maximum of three (3) residents at any given time. B. EXISTING CONDITIONS: The site is located just south of Rebsamen Park Road, east of the Sherrill Heights Subdivision. The proposed site is surrounded by various apartment complex December 14, 2023 ITEM NO.: 11 (Cont.) FILE NO.: Z-9886 2 developments. There is a mixture of zoning classifications contained in all directions. 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 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. Fire Department: No comments. Parks and Recreation: No comments received. County Planning: No comments. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. Landscape: No comments. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. December 14, 2023 ITEM NO.: 11 (Cont.) FILE NO.: Z-9886 3 Planning Division: The request is in the Heights/Hillcrest 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) dwelling units per acre. The application is for a SUP for a Group Care Facility in MF-18 (Multifamily) zoning. H. ANALYSIS: The applicant is requesting a special use permit to allow for a group home facility to be operated in the existing Round River Condominiums (Unit 1). The proposed apartment unit for the group home use is 1,847 square feet and will contain a maximum of three (3) residents at any given time. The site is located just south of Rebsamen Park Road, east of the Sherrill Heights Subdivision. The proposed site is surrounded by various apartment complex developments. There is a mixture of zoning classifications contained in all directions. No additional signage is required. This proposed use will occupy one (1) apartment unit within an existing apartment complex. Staff feels the existing signage complies with Section 36-552 of the City’s Zoning Ordinance (signs permitted in multifamily zones). The applicant notes three (3) “developmentally disabled” persons will occupy Unit 1 at any given time. Staff presence, if provided, will be rotating shifts of 8-12 hours each. At least one (1), but no more than two (2) staffers will be present. The applicant notes Community Living will provide “Supported Living” services through the CES Waiver Program. The applicant notes if the occupant is a licensed driver and has access to a vehicle, they are permitted to drive. A parking plan was submitted to staff which shows (2) covered parking spaces designated for Unit 1. Additional parking spaces are provided for guest as part of the overall parking requirements for a multifamily use. All parking spaces shall be ADA compliant regarding accessibility for persons deemed disable. The applicant notes that Pulaski County Public Records yielded no bill of assurance for this subdivision. Section 36-54(e)(4) of the City’s Zoning Ordinance provides the following provisions for Group Home Facilities, as adopted by the Board of Directors on September 6, 2005: December 14, 2023 ITEM NO.: 11 (Cont.) FILE NO.: Z-9886 4 7. family care facility, group care facility, group home, parolee or probationer housing facility, rooming, lodging and boarding facility. (a) Separation, spacing and procedural requirements for family care facilities, group care facilities, group homes, parolee or probationer housing facilities and rooming, lodging and boarding facilities will be determined by the planning commission so as not to adversely impact the surrounding properties and neighborhood. Unless the commission determines that a different area is more appropriate, a neighborhood shall be defined as an area incorporating all properties lying within one thousand five hundred (1,500) feet of the site for which the permit is requested. (b) There shall be a presumption that a special use permit for a group home of 5, 6, 7, or 8 handicapped persons will be granted if all ordinance requirements are met, except that individuals whose tenancy would constitute a direct threat to the health or safety of other individuals of whose tenancy would result in substantial physical damage to the property of others shall not be allowed in such a home. (c) Issues that the planning commission will consider during its review of a family care facility, group care facility, group home, parolee or probationer housing facility, or rooming, lodging and boarding facility include, but are not limited to: 1. Spacing of existing similar facilities. 2. Existing zoning and land use patterns. 3. The maximum number of individuals proposed to be served, the number of employees proposed and the type of services being proposed. 4. The need and provision for readily accessible public or quasi-public transportation. 5. Access to needed support services such as social services agencies, employment agencies and medical service providers. 6. Availability of adequate on-site parking. (d) The fire marshal must approve the use of any structure proposed as a family care facility, group care facility, group home, parolee or probation housing facility or rooming, lodging and boarding facility. December 14, 2023 ITEM NO.: 11 (Cont.) FILE NO.: Z-9886 5 (e) Family care facilities, group care facilities, group homes and parole or probation housing facilities shall be operated within any and all applicable licensing and procedural requirements established by the State of Arkansas. To staff’s knowledge, there are no transitional residential facilities within 1,500 feet of the subject property. Section 8-406 (a) of the City's Buildings and Building Regulations Ordinance (minimum area per dwelling unit) requires 150 square feet for the first occupant and 100 square feet for each additional occupant. Therefore, the minimum area for Unit 1 that will occupy three (3) persons is 350 square feet. As noted earlier Unit 1 is 1,847 square feet in total area. Section 8-406 (b) (minimum area per bedroom) requires 70 square feet for the first occupant and 50 square feet for each additional occupant. The applicant provided a statement demonstrating compliance with this section of the code as only one (1) person will occupy each bedroom. Special Use Permits are not transferable in any manner. Permits cannot be transferred from owner to owner, location to location or use to use. Staff is not supportive of the special use permit as requested. Although the proposed use complies with Section 8-406(a) and Section 8-406(b) of the City's Buildings and Building Regulations Ordinance, staff feels the use should be contained in a single-family residential setting. Furthermore, staff recommends the applicant seek a residential location fronting a more major roadway, possibly along the perimeter of a single-family subdivision, not a multifamily apartment-style environment. The subject property is not “readily accessible to public or quasi- public transportation.” Bus Route #1 (Pulaski Heights Route) runs along Kavanaugh Blvd. at Cantrell Road, over two (2) miles to the west. I. STAFF RECOMMENDATION: Staff recommends denial of the special use permit as requested. PLANNING COMMISSION ACTION: (DECEMBER 14, 2023) This item was deferred to the January 11, 2024 agenda as the applicant failed to notify the surrounding property owners as required. December 14, 2023 ITEM NO.: 12 FILE NO.: Z-9887 NAME: Community Living #8 Group Home – Special Use Permit LOCATION: 2211 Westport Loop DEVELOPER: Brian Hartsell (Agent) Community Living, Inc. 105 E. Roosevelt Road Little Rock, AR 72206 OWNER/AUTHORIZED AGENT: Community Living, Inc. (Owner) Attn: Brian Hartsell 2211 Westport Loop Little Rock, AR 72212 SURVEYOR/ENGINEER: N/A AREA: 0.29 acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 5 PLANNING DISTRICT: 19 CENSUS TRACT: 42.19 CURRENT ZONING: R-2 VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is requesting a special use permit to allow for a group home facility to be operated in the existing single-family residence. The proposed group home will have a maximum of five (5) residents at any given time. B. EXISTING CONDITIONS: The site located in the Garrett Glenn Addition along Westport Loop. The subject property, 2211 Westport Loop, is a one-story, single-family residence measuring 3,530 square foot in area. R-2 zoning is contained in all directions. December 14, 2023 ITEM NO.: 12 (Cont.) FILE NO.: Z-9887 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: 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: 1. All Central Arkansas Water requirements in effect at the time of request for water service must be met. Fire Department: No comments. Parks and Recreation: No comments received. County Planning: No comments. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. Landscape: No comments. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. Planning Division: The request is in the Chenal 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 December 14, 2023 ITEM NO.: 12 (Cont.) FILE NO.: Z-9887 3 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 for a SUP for a Group Care Facility in R-2 (Single Family Residential) zoning. H. ANALYSIS: The applicant is requesting a special use permit to allow for a group home facility to be operated in the existing single-family residence. The proposed group home will have a maximum of five (5) residents at any given time. The site located in the Garrett Glenn Addition along Westport Loop. The subject property, 2211 Westport Loop, is a one-story, single-family residence measuring 3,530 square foot in area. R-2 zoning is contained in all directions. No signage beyond that allowed in single-family and two-family zones will be permitted. The applicant notes five (5) “developmentally disabled” persons will occupy the residence at any given time. Staff presence, if provided, will be rotating shifts of 8-12 hours each. At least one (1), but no more than two (2) staffers will be present. The applicant notes Community Living will provide “Supported Living” services through the CES Waiver Program. The applicant notes if the occupant is a licensed driver and has access to a vehicle, they are permitted to drive. A parking plan was submitted to staff which shows (2) parking spaces located inside the garage, and three (3) spaces available in the driveway along Westport Loop for a total of five (5) onsite parking spaces. All parking spaces shall be ADA compliant regarding accessibility for persons deemed disable. The applicant notes that Pulaski County Public Records yielded no bill of assurance for this subdivision. Section 36-54(e)(4) of the City’s Zoning Ordinance provides the following provisions for Group Home Facilities, as adopted by the Board of Directors on September 6, 2005: 8. family care facility, group care facility, group home, parolee or probationer housing facility, rooming, lodging and boarding facility. (a) Separation, spacing and procedural requirements for family care facilities, group care facilities, group homes, parolee or probationer housing facilities and rooming, lodging and boarding facilities will be determined by December 14, 2023 ITEM NO.: 12 (Cont.) FILE NO.: Z-9887 4 the planning commission so as not to adversely impact the surrounding properties and neighborhood. Unless the commission determines that a different area is more appropriate, a neighborhood shall be defined as an area incorporating all properties lying within one thousand five hundred (1,500) feet of the site for which the permit is requested. (b) There shall be a presumption that a special use permit for a group home of 5, 6, 7, or 8 handicapped persons will be granted if all ordinance requirements are met, except that individuals whose tenancy would constitute a direct threat to the health or safety of other individuals of whose tenancy would result in substantial physical damage to the property of others shall not be allowed in such a home. (c) Issues that the planning commission will consider during its review of a family care facility, group care facility, group home, parolee or probationer housing facility, or rooming, lodging and boarding facility include, but are not limited to: 1. Spacing of existing similar facilities. 2. Existing zoning and land use patterns. 3. The maximum number of individuals proposed to be served, the number of employees proposed and the type of services being proposed. 4. The need and provision for readily accessible public or quasi-public transportation. 5. Access to needed support services such as social services agencies, employment agencies and medical service providers. 6. Availability of adequate on-site parking. (d) The fire marshal must approve the use of any structure proposed as a family care facility, group care facility, group home, parolee or probation housing facility or rooming, lodging and boarding facility. (e) Family care facilities, group care facilities, group homes and parole or probation housing facilities shall be operated within any and all applicable licensing and procedural requirements established by the State of Arkansas. To staff’s knowledge, there are no other transitional residential facilities within 1,500 feet of the property. Section 8-406 (a) of the City's Buildings and Building Regulations Ordinance (minimum area per dwelling unit) requires 150 square feet for the first occupant December 14, 2023 ITEM NO.: 12 (Cont.) FILE NO.: Z-9887 5 and 100 square feet for each additional occupant. Therefore, the minimum area for this residence occupied by five (5) persons is 550 square feet. As noted earlier the residence is 3,530 square feet in total area. Section 8-406 (b) (minimum area per bedroom) requires 70 square feet for the first occupant and 50 square feet for each additional occupant. The applicant provided a statement demonstrating compliance with this section of the code as only one (1) person will occupy each bedroom. Special Use Permits are not transferable in any manner. Permits cannot be transferred from owner to owner, location to location or use to use. Staff is not supportive of the special use permit as requested. Although the proposed use complies Section 8-406(a) and Section 8-406(b) of the City's Buildings and Building Regulations Ordinance, staff feels the increase number of occupants, including visitors at any given time, has the potential to create a significant increase in traffic and may have an adverse impact on the area. Staff recommends the applicant seek a residential location fronting a more major roadway, possibly along the perimeter of a single-family subdivision. The subject property is not “readily accessible to public or quasi-public transportation.” Bus Route #8 (Rodney Parham Route) runs along Hinson Road and Napa Valley Road, over 1.5 miles to the west. I. STAFF RECOMMENDATION: Staff recommends denial of the special use permit as requested. PLANNING COMMISSION ACTION: (DECEMBER 14, 2023) This item was deferred to the January 11, 2024 agenda as the applicant failed to notify the surrounding property owners as required. December 14, 2023 ITEM NO.: 13 FILE NO.: Z-9303-A NAME: Cigar Republic – Revised PCD LOCATION: 1315 Breckenridge Drive DEVELOPER: Joe Miller 1315 Breckenridge Drive Little Rock, AR 72227 OWNER/AUTHORIZED AGENT: 1315 Breckenridge, LLC – Owner Joe Miller – Applicant SURVEYOR/ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 1.285 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 4 PLANNING DISTRICT: 2 CENSUS TRACT: 22.04 CURRENT ZONING: PCD VARIANCE/WAIVERS: None requested. STAFF UPDATE: The applicant submitted a letter to staff requesting this application be withdrawn. Staff supports the withdrawal request. PLANNING COMMISSION ACTION: (DECEMBER 14, 2023) This item was withdrawn at the request of the applicant. December 14, 2023 ITEM NO.: 14 FILE NO.: Z-9703-A NAME: Southern Patio Bar and Grill – Private Club – PD-C LOCATION: 7315 Geyer Springs Road DEVELOPER: Tony Ma 14100 Sardis Road Mabelvale, AR 72103 OWNER/AUTHORIZED AGENT: Tony Ma – Owner Stephen Giles – Agent SURVEYOR/ENGINEER: Hope Consulting 117 S. Market Street Benton, AR 72015 AREA: 0.92 acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 2 PLANNING DISTRICT: 13 CENSUS TRACT: 20.02 CURRENT ZONING: C-3 VARIANCE/WAIVERS: None requested. BACKGROUND: On August 11, 2022 the Planning Commission voted to deny a PD-C rezoning to allow a private club at 7315 Geyer Springs Road. On September 20, 2022 the City Board of Directors denied a requested appeal of the Planning Commission’s denial. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes the property located at 7315 Geyer Springs Road be rezoned from C-3 to PD-C to allow the existing restaurant to operate as a private club. December 14, 2023 ITEM NO.: 14 (Cont.) FILE NO.: Z-9703-A 2 B. EXISTING CONDITIONS: The existing building is approximately 3,362 square feet in area. A single driveway provides access to the property from Geyer Springs Road. Access to the property may also be from as shared access drive easement with property to the south, there is no rear access or drive-thru service. An existing fence extends from the rear of the building on the south side terminating at the rear property line. The site plan notes thirty-two (32) parking spaces. Section 36-502(3)(c) of the City’s Zoning Ordinance would typically require 33 parking spaces for the private club. Staff believes the provided parking is sufficient to serve existing building. The general area contains a mixture of commercial (C-3 & C-4) zoning and uses. Properties to the north and south contain C-3 and C-4 conditional uses respectively. Properties on the west side of Geyer Springs Road contain C-3, C-4 and I-2 zonings. 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 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 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. December 14, 2023 ITEM NO.: 14 (Cont.) FILE NO.: Z-9703-A 3 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. 30’ Tall Buildings - Maintain aerial fire apparatus access roads as per Appendix D of the 2021 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. December 14, 2023 ITEM NO.: 14 (Cont.) FILE NO.: Z-9703-A 4 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. 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 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. December 14, 2023 ITEM NO.: 14 (Cont.) FILE NO.: Z-9703-A 5 F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. Landscape: 1. Any new site development must comply with the City’s minimal landscape and buffer ordinance requirements. Refer to the Code of Ordinances, Chapter 15 Landscaping and Tree Protection, and Chapter 36, Article IX – Buffers and Screening. 2. Site development plans, with landscape and screening, must be submitted for review, and approval, prior to site clearing and tree removal. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. Planning Division: The request is in the 65th Street East 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 for a PD-C in C-3 (General Commercial) zoning for a private club. Land Use North and South, on both east and west sides of Geyer Springs Road is Commercial. The Commercial (C) category includes a broad range of retail and wholesale sales of products, personal and professional services, and general business activities. Commercial activities vary in type and scale, depending on the trade area that they serve. This site is not in an Overlay District. Master Street Plan: Geyer Springs Road is a Minor Arterial on the Master Street Plan. Minor Arterials are high volume roads designed to provide the connections to and through an urban area. Curb cuts should be minimized to allow for continuous traffic flow while still allowing some access to adjoining property. Standard Right-of-way (ROW) is 90 feet. Sidewalks are required on both sides. This street may need more ROW and/or paving width. May require dedication of ROW or improvements. December 14, 2023 ITEM NO.: 14 (Cont.) FILE NO.: Z-9703-A 6 Bicycle Plan: The Master Bike Plan shows no facilities in this area. Historic Preservation Plan: This property is not a contributing structure and is not located in a Historic District. H. ANALYSIS: The applicant proposes the property located at 7315 Geyer Springs Road be rezoned from C-3 to PD-C to allow the existing restaurant to operate as a private club. There will be no changes to the existing footprint or exterior of the building or parking area. The applicant notes the only proposed change is to allow the sale of alcoholic beverages until 2:00am on Saturday and Sunday. The current hours of operation extend to 1:00am on Saturday and midnight on Sunday. The Alcohol Beverage Control (ABC) requires that a restaurant with alcohol sales with the extended hours proposed be classified as a “private club.” The ABC requires the governing body of a municipality approve a “private club” as noted below: “A private club application may only be submitted to the Alcoholic Beverage Control after the governing body of the county or municipality in which the private club seeks to be located has issued an ordinance approving the private club to operate in that county or municipality.” Section 36-301 allows a private club with dining or bar service as a Conditional Use (CUP). However, the proposed change will require the C-3 (General Commercial District) to be changed to a “PD-C” (Planned Commercial District) to allow the existing use as a private club to comply with the Arkansas Control Board (ABC). The existing signage complies with the City’s Zoning Ordinance. Any new future signage must comply with Section 36-555 of the code (signs permitted in commercial zones). Any dumpster placed on the site must be screened and comply with Section 36-523 of the City’s Zoning Ordinance. All sight lighting must be low-level and directed away from adjacent properties. The applicant provided responses and additional information to all issues raised during staff’s review of the application. To staff’s knowledge there are no December 14, 2023 ITEM NO.: 14 (Cont.) FILE NO.: Z-9703-A 7 outstanding issues. The applicant is requesting no variances with the proposed application. Staff is not supportive of the requested PD-C rezoning to allow a private club at 7315 Geyer Springs Road. In the past few years there have been several private clubs (and event center-type uses) approved in this general area, along Geyer Springs Road and Baseline Road. Staff believes that is not appropriate to allow another private club use within this area of Southwest Little Rock at this time. I. STAFF RECOMMENDATION: Staff recommends denial of the requested PD-C rezoning. PLANNING COMMISSION ACTION: (DECEMBER 14, 2023) This item was withdrawn at the request of the applicant. December 14, 2023 ITEM NO.: 15 FILE NO.: Z-9865 NAME: USA Tire & Accessories – PCD LOCATION: 4920 West 65th Street DEVELOPER: Hector Giron (Owner) 7301 Geyer Springs Road Little Rock, AR 72209 (501) 952-7520 or (501) 442-2545 usatirewheels@live.com USA Tire Accessories, LLC (Owner) OWNER/AUTHORIZED AGENT: Hector Giron (Owner) 7301 Geyer Springs Road Little Rock, AR 72209 (501) 952-7520 or (501) 442-2545 usatirewheels@live.com USA Tire Accessories, LLC (Owner) SURVEYOR/ENGINEER: Smith & Goodson PLLC 7509 Cantrell Road, Suite 227 Little Rock, AR 72207 (501) 414-8498 AREA: 1.33 acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 2 PLANNING DISTRICT: 13 CENSUS TRACT: 20.02 CURRENT ZONING: R-2 VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes to rezone a 1.33-acre property located at 4920 West 65th Street from C-3 to PCD to allow use of the property as an auto repair shop and a used car dealership. December 14, 2023 ITEM NO.: 15 (Cont.) FILE NO.: Z-9865 2 B. EXISTING CONDITIONS: The property is located in a C-3 zoning. Surrounding the application area is Commercial land use to the east and west along the north side of W 65th Street. Opposite the application site to the south of W 65th Street is High Density Residential use with an apartment complex. North of the site are apartments in an area of Residential High Density. Residential High Density (RH). The Future Land Use Plan shows Commercial (C) for the requested area. There will be auto sales in the front of the property with auto repair being done inside of the existing metal building. There shall be no salvaging of any vehicles on the property. 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. 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 December 14, 2023 ITEM NO.: 15 (Cont.) FILE NO.: Z-9865 3 the grade exceeds 10 percent, approval will be denied and the applicant must submit request to be reviewed by Fire Chief for Approval. Loading Maintain fire apparatus access road design as per Appendix D of the 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. 30’ Tall Buildings - Maintain aerial fire apparatus access roads as per Appendix D of the 2021 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 December 14, 2023 ITEM NO.: 15 (Cont.) FILE NO.: Z-9865 4 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 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. 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. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. Landscape: 1. Any new site development must comply with the City’s minimal landscape and buffer ordinance requirements. Refer to the Code of Ordinances, Chapter 15 Landscaping and Tree Protection, and Chapter 36, Article IX – Buffers and Screening. 2. Site development plans, with landscape and screening, must be submitted for review, and approval, prior to site clearing and tree removal. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. December 14, 2023 ITEM NO.: 15 (Cont.) FILE NO.: Z-9865 5 Planning Division: The request is in the 65th Street East 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 C3 to PCD. Surrounding the application area is Commercial land use to the east and west along the north side of W 65th 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. Opposite the application site to the south of W 65th Street is High Density Residential use with an apartment complex. North of the site are apartments in an area of Residential High Density. Residential High Density (RH). The Residential High Density (RH) category accommodates residential development of more than twelve (12) dwelling units per acre. This site is not in an Overlay District. Master Street Plan: W 65th Street is a Minor Arterial on the Master Street Plan. Minor Arterials are high volume roads designed to provide the connections to and through an urban area. Curb cuts should be minimized to allow for continuous traffic flow while still allowing some access to adjoining property. Standard Right-of-way (ROW) is 90 feet. Sidewalks are required on both sides. This street may need more ROW and/or paving width. May require dedication of ROW or improvements. Bicycle Plan: The Master Bike Plan shows no facilities in this area. Historic Preservation Plan: This property is not located in a Historic District. There are no historic structures or districts in the area. December 14, 2023 ITEM NO.: 15 (Cont.) FILE NO.: Z-9865 6 H. ANALYSIS: The applicant proposes to rezone 1.33-acre property located at 4920 West 65th Street from C-3 to PCD to allow use of the property as an auto repair shop and a used car dealership. The property is located in a C-3 zoning. Surrounding the application area is Commercial land use to the east and west along the north side of W 65th Street. Opposite the application site to the south of W 65th Street is High Density Residential use with an apartment complex. North of the site are apartments in an area of Residential High Density. The Future Land Use Plan shows Commercial (C) for the requested area. There will be auto sales in the front of the property with auto repair being done inside of the existing metal building. There shall be no salvaging of any vehicles on the property. In 1986 the Planning Commission approved a conditional use permit to allow for the operation of a tire shop on this property. A tire shop has existed on the site since that time and the business recently began doing other types of auto repair. The applicant notes that the existing building will be used for the auto repair aspect of the business. The parking area along the street frontage will be used for the display of used vehicles. The rear portion of the property will not be used at this time. Any dumpster placed on the site must be screened as per Section 36-5 of the code. All site lighting must be low-level and directed away from adjacent properties. All signage on the site must comply with Section 36-555 (signs allowed in commercial zones). Staff is in support of the requested PCD rezoning. Staff believes the request is reasonable and that the proposed PCD use is appropriate for this location. The property is designated as “C” Commercial on the City’s Future Land Use. Staff feels that this type of use is within character for the area at this time. I. STAFF RECOMMENDATION: Staff recommends approval of the PCD zoning request subject to compliance with the comments and conditions noted in paragraphs E and F and the staff analysis of the agenda staff report. December 14, 2023 ITEM NO.: 15 (Cont.) FILE NO.: Z-9865 7 PLANNING COMMISSION ACTION: (DECEMBER 14, 2023) The applicant was present, representing the application. Staff presented the item and a recommendation for approval subject to compliance with the comments and conditions noted in paragraphs E and F and the staff analysis of the agenda staff report. The item had been inadvertently been pulled but there was no one in opposition. There was a motion to approve. The motion was seconded. The vote was 10 ayes, 1 nay and 0 absent. The motion passed. December 14, 2023 ITEM NO.: 16 FILE NO.: Z-9871 NAME: Caple Commercial and Mixed-Use Center – PCD LOCATION: 4621 Asher Avenue DEVELOPER: CKM Holdings, LLC (Owner) 4621 Asher Avenue Little Rock, AR 72204 OWNER/AUTHORIZED AGENT: Carl Caple (Agent) Savvy Investors 5 Country Oaks Drive Little Rock, AR 72201 SURVEYOR/ENGINEER: Trotter Surveying 18640 Congo-Ferndale Road Little Rock, AR 72210 AREA: 2.63 acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 1 PLANNING DISTRICT: 9 CENSUS TRACT: 19 CURRENT ZONING: I-2 VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes to rezone a 2.63 acre site from I-2 to PCD to utilize an existing 17,526 square foot, 1-story, warehouse/auction house offices to operate a mixed-use commercial facility. B. EXISTING CONDITIONS: The site is located on the south side of the Asher corridor along Hwy 70 West (around the 4600 block). Properties to the south of the site contain I-2 zoning and uses. Properties to the north, east and west contain a mixture of zoning and uses. December 14, 2023 ITEM NO.: 16 (Cont.) FILE NO.: Z-9871 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. The entire property is located within the 100-year regulatory floodplain. If any development or construction is planned to commence in the future, a Special Flood Hazard Development Permit is required to be obtained to prior to beginning construction. The Special Flood Hazard Development Permit application can be found at https://www.littlerock.gov/city-administration/city- departments/public-works/. Special Flood Hazard Development Permits are issued by the Public Works Department at 701 West Markham Street and no fee collected for issuance. Contact Vince Floriani in Public Works at 501-371-4823 or VFloriani@littlerock.gov to schedule an appointment for issuance or to answer any questions. 2. The entire property is located within the 100-year regulatory floodplain. If any development or construction is planned to commence in the future, per City Code 29-186 (c), a grading permit is required for land alteration on properties within the designated floodplain without exception. Grading permits are issued by the Planning and Development Dept. at 723 West Markham Street after approval of sediment and erosion control plans, grading and drainage plans, land survey, drainage study, and soil loss calculations per City’s stormwater management and drainage manual. Contact Planning and Development Dept., Engineering Division at 501-371-4817 or at 501-918-5348 or Permits@littlerock.gov to schedule an appointment for issuance or to answer any questions. Permit cost is based on total project area at $100.00 for the less than ½ acre, $200.00 for ½ to 1 acre, and $200.00 for the first acre and $100.00 for each additional acre for project greater than 1 acre. 3. For any future planned development or construction for this site, the floodplain development permit and grading and land alteration permits are required before Department staff can issue a building permit for any new construction or development. 4. All future buildings constructed on site shall comply with all Arkansas state building codes and local 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. December 14, 2023 ITEM NO.: 16 (Cont.) FILE NO.: Z-9871 3 Summit Utilities: No comments. AT & T: No comments received. Central Arkansas Water: 1. No objections: All Central Arkansas Water requirements in effect at the time of request for water must be met. 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. 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. 30’ Tall Buildings - Maintain aerial fire apparatus access roads as per Appendix D of the 2021 Arkansas Fire Prevention Code Vol. 1 Section D105.1 – D105.4 December 14, 2023 ITEM NO.: 16 (Cont.) FILE NO.: Z-9871 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 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. 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. December 14, 2023 ITEM NO.: 16 (Cont.) FILE NO.: Z-9871 5 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 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. F. BUILDING CODES/LANDSCAPE: Building Code: No Comments Received. Landscape: 1. Any new site development must comply with the City’s minimal landscape and buffer ordinance requirements. Refer to the Code of Ordinances, Chapter 15 Landscaping and Tree Protection, and Chapter 36, Article IX – Buffers and Screening. 2. Site development plans, with landscape and screening, must be submitted for review, and approval, prior to site clearing and tree removal. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. December 14, 2023 ITEM NO.: 16 (Cont.) FILE NO.: Z-9871 6 Planning Division: The request is in the I-630 Planning District. The Land Use Plan shows Light Industrial (LI) for the requested area. 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. The application is to rezone from I2 to PCD for an event center. The application area is in a Light Industrial use area which continues to the southwest. North of the application area on the south side of Asher Avenue, running east and west are commercial uses. 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. Southeast of the subject site are Industrial uses. This site is not in an Overlay District. Master Street Plan: Asher Avenue 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. The standard Right of way of 110 feet is required. Sidewalks are required on both sides. This street may require dedication of right-of-way and may require street improvements. Bicycle Plan: Asher Avenue is on the Master Bike Plan as BIKEWAY II-ROUTE. A Bike Lane provides a portion of the pavement for the sole use of bicycles. Historic Preservation Plan: This property is not a contributing structure and is not located in a Historic District. H. ANALYSIS: The applicant proposes to rezone a 2.63 acre site from I-2 to PCD to utilize an existing 17,526 square foot, 1-story, warehouse/auction house offices to operate a mixed-use commercial facility. The site is located on the south side of the Asher corridor along Hwy 70 West (around the 4600 block). Properties to the south of the site contain I-2 zoning and uses. Properties to the north, east and west contain a mixture of zoning and uses. December 14, 2023 ITEM NO.: 16 (Cont.) FILE NO.: Z-9871 7 The survey shows a front setback of over fifty (50) feet, a side yard setback of fifteen (15) feet and a rear yard setback over twenty-five (25) feet. All existing setbacks conform with ordinance requirements. The applicant proposes to utilize the site for retail uses “as specifically permitted in the C-3 zoning district”, office space, vehicle storage, flea market items intended for sale, building materials and personal items. The applicant provided space dedicated for the following uses:  Vehicle storage – 3,720 square feet  Office and restroom – 1,301 square feet  Building materials and art work – 1,656 square feet  Flea market item for sale and personal storage – 4,734 square feet  Permitted uses as allowed in the C-3 zoning district – 5,377 square feet The site contains existing perimeter fencing to secure the property in addition to controlled access from Asher Avenue through a secure, automated electrical gating apparatus. Operating hours will be Monday thru Friday from 8:00am to 5:00pm. Saturday and Sunday operating hours will vary. The applicant notes approximately ten (10) employees may be present at any given time. The applicant notes 30,000 square feet of paved parking is available in front of the building to the fence. The fence is approximately thirty (30) feet from Asher Avenue. Additional paved parking is provided along the east, west and south sides of the warehouse. The applicant is not proposing additional signage at this time. Any new signs must comply with Section 36-555 of the City’s Zoning Ordinance (signs permitted in commercial zones). A dumpster area is not shown on the survey. Any dumpster installed on the site must be screened and comply with Section 36-523 of the City’s Zoning Ordinance. The applicant is not proposing new lighting at this time. Additional lighting must be low-level and directed away from adjacent properties. Staff is supportive of the requested PCD rezoning for the proposed uses listed above. To staff’s knowledge there are no outstanding issues with this application. The applicant’s proposed uses of the site are similar to the intensity of other developments in the general area. The facility is located on the south side of the December 14, 2023 ITEM NO.: 16 (Cont.) FILE NO.: Z-9871 8 Asher Avenue corridor which the majority of the properties containing I-2 zoning and uses and will not have an adverse impact on the surrounding properties. 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 staff report. PLANNING COMMISSION ACTION: (DECEMBER 14, 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 analysis” above. The item remained on the Consent Agenda for Approval. The vote was 10 ayes, 0 nays, and 1 recusal (Russell). The application was approved. December 14, 2023 ITEM NO.: 17 FILE NO.: Z-9872 NAME: Marina Lifestyle Medicine – Revised POD LOCATION: 16913 Cantrell Road DEVELOPER: James B. Taggart (Agent) Taggert Design Group 20 Patricia Lane Little Rock, AR 72205 (501) 580-4341 burt@taggertdesigngroup.com Marina Ivanovsky (Owner) OWNER/AUTHORIZED AGENT: James B. Taggart (Agent) Taggert Design Group 20 Patricia Lane Little Rock, AR 72205 (501) 580-4341 burt@taggertdesigngroup.com Marina Ivanovsky (Owner) Surveyor/Engineer: White Daters 24 Rahling Circle Little Rock, AR 72223 (501) 821-1667 AREA: 1.32 acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 5 PLANNING DISTRICT: 19 CENSUS TRACT: 42.12 CURRENT ZONING: POD VARIANCE/WAIVERS: None requested. December 14, 2023 ITEM NO.: 17 (Cont.) FILE NO.: Z-9872 2 A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes to revise an existing Planned Office Development (POD) at a 1.32 acre property located at 16913 Cantrell Road to allow use of the property as medical office. The office building is proposed to be 7,470 square feet. B. EXISTING CONDITIONS: The property is currently vacant with heavy overbrush and trees. The request is in the Chenal Planning District as well as the Highway 10 Overlay District. Surrounding the application area, northwesterly on the south of Cantrell Road is Suburban Office (SO). To the west is Residential Low Density (RL) with undeveloped tracts and a developed subdivision. To the east of the subject site beyond a PK/OS buffer is an area of Transitional (T) with a mix of small offices and a few residences. The north side of Cantrell Road adjacent to the site has Suburban Office (SO), Commercial (C), and Office (O) uses. 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: 1. Any work involving one (1) or more acres of disturbed area requires a State of Arkansas NPDES permit. Contact the Arkansas Department of Environmental Quality, NPDES branch at 501-682-0744 for applications and information about General Stormwater Discharge Construction Permit #ARR150000. 2. 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. 3. Whenever access to State Highways is needed for residential or commercial purposes, an access driveway permit is required. These permits are issued December 14, 2023 ITEM NO.: 17 (Cont.) FILE NO.: Z-9872 3 by the Permit officer for the District in which the driveway will be located. Please contact ARDOT District 6 permit officer at 501-569-2266. 4. A special permit is issued for work on the Arkansas Department of Transportation right of way that is not an access driveway. The permit is issued by the Permit officer for the District in which the special permit is requested. Please contact ARDOT District 6 permit officer at 501-569-2266. 5. The Department requires three (3) phase sediment and erosion control (SEC) plans to be submitted for all construction projects showing best management practices (BMPs) for mitigating sediment runoff and erosion along with vegetation specifications for temporary and permanent soil stabilization. Phase 1 SEC plans shall show SEC BMPs during the stripping, clearing, grubbing, and rough grading of the site. Phase 2 SEC plans shall show SEC BMPs during construction of utilities, buildings, roadway infrastructure and drainage infrastructure. Phase 3 SEC Plans shall show SEC BMPs for final grading, seeding, and landscaping of the site. 6. Sediment and Erosion Control plans shall also show the pertinent information as outlined in ADEQ ARR150000 Permit Part II section A-4-H (1-14) and Part II section A-4-I-2 (A-B). 7. Per City Rev. Code 29-99, stormwater detention for developments is required. Provide stormwater detention infrastructure to satisfy this requirement. 8. A drainage study showing all hydrologic calculations for the site and all hydraulic calculations for the proposed storm sewer pipe system, swales and ditches, detention ponds, outlet structures, and inlets is required per City’s stormwater management and drainage manual. For final drainage report, sign, date, and seal the report per AR State Board of Professional Engineers and Professional Surveyors rules Article 12, Section B (1) (a). Provide engineer's certification statement saying this drainage report was conducted by yourself or directly under your supervision and attesting to the accuracy of the information within this report. 9. Per City Code 31-210 (e) (1) for arterial streets, the minimum driveway spacing from the property line shall be one hundred fifty (150) feet. Maximum driveway width is thirty-six (36) feet. Revise driveway location to meet above requirement accordingly or request a variance from this requirement to the Planning Commission as part of the application for the POD. 10. Cantrell Road is classified as a principal arterial per City’s master street plan with a total one-hundred ten (110) feet of total right of way. Additional right of way beyond existing state right of way shall be dedicated to the City of Little Rock by the property owner to comply with master street plan right of way requirement for a principal arterial. December 14, 2023 ITEM NO.: 17 (Cont.) FILE NO.: Z-9872 4 11. Damage to public and private property due to hauling operations or operations of construction related equipment from a construction site shall be repaired by the responsible party prior to the issuance of a certificate of occupancy. 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. 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 December 14, 2023 ITEM NO.: 17 (Cont.) FILE NO.: Z-9872 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 2021 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 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. December 14, 2023 ITEM NO.: 17 (Cont.) FILE NO.: Z-9872 6 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. 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 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. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. December 14, 2023 ITEM NO.: 17 (Cont.) FILE NO.: Z-9872 7 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. Site development plans, with landscape and screening, must be submitted for review, and approval, prior to site clearing and tree removal. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. Planning Division: The request is in the Chenal Planning District. The Land Use Plan shows Suburban Office (SO) for the requested area. 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. The application is to rezone from POD to POD for a lifestyle medicine office. Surrounding the application area, northwesterly on the south of Cantrell Road is Suburban Office (SO). The Suburban Office (SO) category provides for low intensity development of office or office parks in close proximity to lower density residential areas. To the west is Residential Low Density (RL) with undeveloped tracts and 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. To the east of the subject site beyond a PK/OS buffer is an area of Transitional (T) with a mix of small offices and a few residences. The Park/Open Space (PK/OS) category includes all public parks, recreation facilities, greenbelts, flood plains, and other designated open space and recreational land. Transition is a land use plan designation that provides for an orderly transition between residential uses and other more intense uses. Transition was established to deal with areas which contain zoned residential uses and nonconforming nonresidential uses. A Planned Zoning District is required unless the application conforms to the Design Overlay standards. Uses that may be considered are low-density multi-family residential and office uses if the proposals are compatible with quality of life in nearby residential areas. The north side of Cantrell Road adjacent to the site has Suburban Office (SO), Commercial (C), and Office (O) uses. The Office (O) December 14, 2023 ITEM NO.: 17 (Cont.) FILE NO.: Z-9872 8 category represents services provided directly to consumers (e.g., legal, financial, medical) as well as general offices which support more basic economic activities. This site is in the Highway 10 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. The standard Right of way of 110 feet is required. Sidewalks are required on both sides. This street may require dedication of right-of-way and may require street improvements. Bicycle Plan: Cantrell Road is on the Master Bike Plan as BIKEWAY I-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: This property is not a contributing structure and is not located in a Historic District. H. ANALYSIS: The applicant proposes to revise an existing Planned Office Development (POD) at a 1.32 acre property located at 16913 Cantrell Road to allow use of the property as medical office. The proposed office building is to be 7,470 square feet in area, with a height of approximately 19 feet. The property is currently vacant with heavy overbrush and trees. The request is in the Chenal Planning District as well as the Highway 10 Overlay District. Surrounding the application area, northwesterly on the south of Cantrell Road is Suburban Office (SO). To the west is Residential Low Density (RL) with undeveloped tracts and a developed subdivision. To the east of the subject site beyond a PK/OS buffer is an area of Transitional (T) with a mix of small offices and a few residences. The north side of Cantrell Road adjacent to the site has Suburban Office (SO), Commercial (C), and Office (O) uses. The new structure will have a one-hundred-foot building setback from the property line abutting Highway 10. The rear yard setback shall not be less than forty (40) feet and the side yard shall not be less than thirty (30) feet. The Highway 10 frontage (front yard) shall consist of a minimum of forty (40) feet of landscaped area exclusive of right-of-way. The rear and side yards shall have December 14, 2023 ITEM NO.: 17 (Cont.) FILE NO.: Z-9872 9 a landscaped buffer averaging a minimum of twenty-five (25) feet from the property line. A screening fence will be required along the east, west and south property lines as a component of the land use buffers. The proposed project generally complies with the Highway 10 Overlay District. The proposed site development plan provides for a paved parking area between the building and the north (Highway 10) property line. The proposed parking area contains 20 parking spaces which will be sufficient to serve the proposed use. There will be a sight access point (24 foot wide driveway) near the northeast corner of the site. There is a creek which runs through the east portion of the property. The proposed building will be set back over 70 feet from the east property line to accommodate this drainage area. A drainage study must be submitted to and approved by the Department of Planning and Development Engineering Division prior to a building permit being issued. The treatment of this drainage/creek area must comply with all City Ordinance requirements. Any dumpster placed on the site must be screened as per Section 36-5 of the code. All site lighting must be low-level and directed away from adjacent properties. All signage on the site must comply with Section 36-555. Staff is in support of the requested POD revision. Staff believes the request is reasonable and that the proposed revised POD use is appropriate for this location. Staff feels that this type of use is within character for the area at this time. The applicant is requesting O-3 permitted uses as alternative uses for the project. I. STAFF RECOMMENDATION: Staff recommends approval of the PCD zoning request subject to compliance with the comments and conditions noted in paragraphs D, E and F, and the staff analysis of the agenda staff report. PLANNING COMMISSION ACTION: (DECEMBER 14, 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 analysis” above. The item remained on the Consent Agenda for Approval. The vote was 10 ayes, 0 nays, and 1 recusal (Russell). The application was approved. December 14, 2023 ITEM NO.: 18 FILE NO.: Z-9877 NAME: The Landry Group – Vehicle Parking & Storage – PD-C LOCATION: 8503 Mabelvale Pike DEVELOPER: Amy L. Tracy (Owner) The Landry Group, LLC 5724 Riviera Drive Benton, AR 72019 (501) 749-5421 amytracy@landrygrp.com The Landry Group, LLC (Owner) OWNER/AUTHORIZED AGENT: Amy L. Tracy (Owner) The Landry Group, LLC 5724 Riviera Drive Benton, AR 72019 (501) 749-5421 amytracy@landrygrp.com The Landry Group, LLC (Owner) SURVEYOR/ENGINEER: Brooks Surveying, Inc. 20820 Arch Street Pike Hensley, AR 72065 (501) 888-5336 AREA: 2.54 acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 7 PLANNING DISTRICT: 15 CENSUS TRACT: 41.03 CURRENT ZONING: R-2 VARIANCE/WAIVERS: None requested. December 14, 2023 ITEM NO.: 18 (Cont.) FILE NO.: Z-9877 2 A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes to rezone 2.54-acre property located at 5803 Mabelvale Pike from R-2 to PD-C to allow use of the property as semi-truck, RV, Boat and Trailer parking and storage. The operating hours will be from 4:00 a.m. to 11:00 p.m., seven (7) days a week. B. EXISTING CONDITIONS: The property is located in an R-2 zoning. The request is in the Geyer Springs West Planning District. The application area is currently wooded and undeveloped. To the south of the site is undeveloped acreage classified as RM, to the north of the site is a mobile home park then more undeveloped acreage as RM. East of the site is PK/OS buffer. West of the application area, across Mabelvale Pike, is Light Industrial (LI) with residential uses and freight warehouses. The Future Land Use Plan shows Residential Medium Density (RM) for the requested area. The acreage will be cleared and covered with gravel at first but during Phase II it will then be asphalt. The entire property will be fenced, and lighting added for safety. There will be a small office and a restroom facility built on the property. Semi-trucks will be allowed to “idle” overnight, but the primary goal is long term storage, if there are any extra spaces, they will be opened for short-term parking. Applicant agrees to comply with short-term parking being located away from residential areas while long term storage is located in other parts of the property. The proposed use of overnight parking for semi-trucks, storage of RV’s boats and trailers is scheduled to be in operation by February of 2024 if approved by the City. 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: 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. Repair, replace, or extend existing damaged, missing, and noncompliant curb and gutter, sidewalk, access ramps or concrete driveway aprons within the public right-of-way adjacent to the site. Remove abandoned driveway cuts December 14, 2023 ITEM NO.: 18 (Cont.) FILE NO.: Z-9877 3 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. 3. 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. 4. Any work involving one (1) or more acres of disturbed area requires a State of Arkansas NPDES permit. Contact the Arkansas Department of Environmental Quality, NPDES branch at 501-682-0744 for applications and information about General Stormwater Discharge Construction Permit #ARR150000. 5. 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. 6. Damage to public and private property due to hauling operations or operations of construction related equipment from a construction site shall be repaired by the responsible party prior to the issuance of a certificate of occupancy. 7. Boundary street improvements are required per master street plan. Boundary street improvements shall include, but not be limited to, reconstruction of one- half section of the abutting street if the existing street is not up to city standards. Repair, replace, or extend existing damaged, missing, and noncompliant curb and gutter, sidewalk, access ramps or concrete driveway aprons within the public right-of-way adjacent to the site. Remove abandoned driveway cuts and replace with curb, gutter, and sidewalk. All work within the public right-of-way shall conform to City of Little Rock Public Works Standard Details and ADA guidelines. 8. Mabelvale Pike is classified as a collector per the City’s master street plan. Therefore, per City’s boundary street ordinance, construction of boundary street improvements along property’s western frontage on S Mabelvale Pike for a collector street standard and dedication of additional right of way per master street plan is required. Total right of way dedication required is thirty (30) feet from street centerline. Additional right of way dedicated from the December 14, 2023 ITEM NO.: 18 (Cont.) FILE NO.: Z-9877 4 centerline of right of way more than thirty (30) feet may be required by Department staff depending on the location of the centerline of the street in relation to the centerline of the right of way if both centerlines do not coincide currently for Mabelvale Pike. 9. The Department requires three (3) phase sediment and erosion control (SEC) plans to be submitted for all construction projects showing best management practices (BMPs) for mitigating sediment runoff and erosion along with vegetation specifications for temporary and permanent soil stabilization. Phase 1 SEC plans shall show SEC BMPs during the stripping, clearing, grubbing, and rough grading of the site. Phase 2 SEC plans shall show SEC BMPs during construction of utilities, buildings, roadway infrastructure and drainage infrastructure. Phase 3 SEC Plans shall show SEC BMPs for final grading, seeding, and landscaping of the site. 10. Sediment and Erosion Control plans shall also show the pertinent information as outlined in ADEQ ARR150000 Permit Part II section A-4-H (1-14) and Part II section A-4-I-2 (A-B). 11. Per City Rev. Code 29-99, stormwater detention for developments is required. Provide stormwater detention infrastructure to satisfy this requirement. 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. Per City Code 31-210 (e) (2) for collector streets, the minimum driveway spacing shall be two-hundred fifty (250) feet. Driveway spacing shall be centerline to centerline. The minimum driveway spacing from the property line shall be one hundred twenty-five (125) feet. A lot will require six hundred twenty-five (625) feet of frontage for two (2) driveways. A request for variances from these three City code requirements to the Planning Commission as part of the application for the PD-C will be required. 14. All lighting for the property shall be kept on site, and the lighting shall not trespass on adjacent properties. Any lighting shall be so placed as to reflect away from adjacent residential districts per City Code Sec. 36-298 for commercial districts. 15. Per City Code Sec. 36-298, no excessive or unusual noise, odor, or vibration shall be emitted so that it constitutes a nuisance which substantially exceeds December 14, 2023 ITEM NO.: 18 (Cont.) FILE NO.: Z-9877 5 the general level noise, odor, or vibration emitted by used adjacent to or immediately surrounding the site. 16. Noises generally prohibited on site shall comply with City Code Sec. 18-52 (a), (b),(c). 17. Where are the landscaping/natural buffer areas and screening/fencing areas shown along the site’s property lines? E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: A sewer main extension may be required. Please submit wastewater drawings to LRWRA for review and approval. Entergy: No comments received. Summit Utilities: 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 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. December 14, 2023 ITEM NO.: 18 (Cont.) FILE NO.: Z-9877 6 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. 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. 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. December 14, 2023 ITEM NO.: 18 (Cont.) FILE NO.: Z-9877 7 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 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. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. Landscape: 1. Any new site development must comply with the City’s minimal landscape and buffer ordinance requirements. Refer to the Code of Ordinances, Chapter 15 Landscaping and Tree Protection, and Chapter 36, Article IX – Buffers and Screening. 2. Site development plans, with landscape and screening, must be submitted for review, and approval, prior to site clearing and tree removal. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. Planning Division: The request is in the Geyer Springs West Planning District. The Land Use Plan shows Residential Medium Density (RM) for the requested area. The Residential Medium Density (RM) accommodates a broad range of housing types including December 14, 2023 ITEM NO.: 18 (Cont.) FILE NO.: Z-9877 8 single family attached, single family detached, duplex, town homes, multi-family and patio or garden homes. Any combination of these and possibly other housing types may fall in this category provided that the density is between six (6) and twelve (12) dwelling units per acre. The application is to rezone from R2 to PD-C for a vehicle parking and storage area. The application area is currently wooded and undeveloped. To the south of the site is undeveloped acreage classified as Residential Medium Density (RM). The Residential Medium Density (RM) accommodates a broad range of housing types including single family attached, single family detached, duplex, town homes, multi-family and patio or garden homes. Any combination of these and possibly other housing types may fall in this category provided that the density is between six (6) and twelve (12) dwelling units per acre. To the north of the site is a mobile home park then more undeveloped acreage as Residential Medium Density (RM). East of the site is Park/Open Space (PK/OS) buffer. The Park/Open Space (PK/OS) category includes all public parks, recreation facilities, greenbelts, flood plains, and other designated open space and recreational land. West of the application area, across Mabelvale Pike, is Light Industrial (LI) with residential uses and freight 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. This site is not in an Overlay District. Master Street Plan: Mabelvale Pike is a Collector on the Master Street Plan. Collectors are designed to connect traffic from Local Streets to Arterials or to activity centers, with the secondary function of providing access to adjoining property. The standard Right of way is 60’. Sidewalks are required on one side of Collectors. This street may require dedication of right-of-way and may require street improvements. Bicycle Plan: Mabelvale Pike is on the Master Bike Plan as BIKEWAY III-ROUTE. Bike Routes require no additional right-of-way, but either a sign or pavement marking to identify and direct the route. Historic Preservation Plan: This property is not located in a Historic District. December 14, 2023 ITEM NO.: 18 (Cont.) FILE NO.: Z-9877 9 H. ANALYSIS: The applicant proposes to rezone 2.54-acre property located at 5803 Mabelvale Pike from R-2 to PD-C to allow use of the property as semi-truck, RV, boat and trailer parking and storage. The operating hours will be from 4:00 a.m. to 11:00 p.m., seven (7) days a week. The property is located in an R-2 zoning. The request is in the Geyer Springs West Planning District. The application area is currently wooded and undeveloped. To the south of the site is undeveloped acreage classified as RM, to the north of the site is a mobile home park then more undeveloped acreage as RM. East of the site is PK/OS buffer. West of the application area, across Mabelvale Pike, is Light Industrial (LI) with residential uses and freight warehouses. The Future Land Use Plan shows Residential Medium Density (RM) for the requested area. The acreage will be cleared and covered with gravel at first but during Phase II it will then be asphalt. The entire property will be fenced, and lighting added for safety. There will be a small office and a restroom facility built on the property. Semi-trucks will be allowed to “idle” overnight, but the primary goal is long term storage, if there are any extra spaces, they will be opened for short-term parking. Applicant agrees to comply with short-term parking being located away from residential areas while long term storage is located in other parts of the property. The proposed use of overnight parking for semi-trucks, storage of RV’s boats and trailers is scheduled to be in operation by February of 2024 if approved by the City. There will be a maximum of two (2) employees on the site. All site lighting must be low-level and directed away from adjacent properties. The applicant notes that 32 gallon to 95 gallon trash cans will be on site for trash collection. Any signage placed on the sit must comply with Section 36-555 of the City’s Zoning Ordinance (signs allowed in commercial zones). The site plan submitted by the applicant shows land use/landscape buffers along all perimeters of the site. All land use buffers must comply with zoning ordinance requirements. Staff supports the requested PD-C rezoning. Staff believes the request is reasonable and that the proposed PD-C use is appropriate for this location. December 14, 2023 ITEM NO.: 18 (Cont.) FILE NO.: Z-9877 10 I. STAFF RECOMMENDATION: Staff recommends approval of the PD-C zoning request subject to compliance with the comments and conditions noted in paragraphs D, E and F and the staff analysis of the agenda staff report. PLANNING COMMISSION ACTION: (DECEMBER 14, 2023) Staff presented the item and a recommendation for approval. The applicant was not present. The application was deferred to the January 11, 2024, Agenda. December 14, 2023 ITEM NO.: 19 FILE NO.: Z-9878 NAME: Crimson Oaks – PD-R LOCATION: 14118 Kanis Road DEVELOPER: Taylorized Properties 11524 Fairview Road Little Rock, AR 72212 OWNER/AUTHORIZED AGENT: J. Eric Holloway (Agent) Holloway Engineering 200 Casey Drive Maumelle, AR 72113 SURVEYOR/ENGINEER: Holloway Engineering 200 Casey Drive Maumelle, AR 72113 AREA: 6.35 acres NUMBER OF LOTS: 44 FT. NEW STREET: 1,468 LF WARD: N/A PLANNING DISTRICT: 19 CENSUS TRACT: 42.12 CURRENT ZONING: R-2 A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is proposing to rezone the property from R-2 to PD-R in order to subdivide 6.35 acres into 44 lots, and to construct fifteen (15) buildings of two (2) and three (3) units each with a neighborhood pool and covered pickleball courts. The subdivision will take access from Kanis Road. The development will also include 1,468 linear-feet of new private streets and will be completed in one (1) phase. B. EXISTING CONDITIONS: The site is located on the north side of Kanis Road, approximately 309 feet west of Kirby Road. Properties around the site contain a mixture zoning and uses all directions. December 14, 2023 ITEM NO.: 19 (Cont.) FILE NO.: Z-9878 2 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. Damage to public and private property due to hauling operations or operations of construction related equipment from a construction site shall be repaired by the responsible party prior to the issuance of a certificate of occupancy. 3. Any work involving one (1) or more acres of disturbed area requires a State of Arkansas NPDES permit. Contact the Arkansas Department of Environmental Quality, NPDES branch at 501-682-0744 for applications and information about General Stormwater Discharge Construction Permit #ARR150000. 4. 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. 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. December 14, 2023 ITEM NO.: 19 (Cont.) FILE NO.: Z-9878 3 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. 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) (1) for arterial streets, the minimum driveway spacing shall be three hundred (300) feet. Driveway spacing shall be centerline to centerline. The minimum driveway spacing from the property line shall be one hundred fifty (150) feet. A lot will require seven hundred fifty (750) feet of frontage for two (2) driveways. Revise site plan accordingly or a request for variances from these three City code requirements to the Planning Commission as part of the application for the PD-R will be required. 9. Boundary street improvements are required per master street plan. Boundary street improvements shall include, but not be limited to, reconstruction of one- half section of the abutting street if the existing street is not up to city standards. Repair, replace, or extend existing damaged, missing, and noncompliant curb and gutter, sidewalk, access ramps or concrete driveway aprons within the public right-of-way adjacent to the site. Remove abandoned driveway cuts and replace with curb, gutter, and sidewalk. All work within the public right-of-way shall conform to City of Little Rock Public Works Standard Details and ADA guidelines. 10. Kanis Road is classified as a minor arterial per the City’s master street plan. Therefore, per City’s boundary street ordinance, construction of boundary street improvements along property’s southern frontage on Kanis Road for a minor arterial street standard and dedication of additional right of way per master street plan is required. Total right of way dedication required is forty- five (45) feet from street centerline. Additional right of way dedicated from the centerline of right of way more than forty-five (45) feet may be required by Department staff depending on the location of the centerline of the street in relation to the centerline of the right of way if both centerlines do not coincide currently for Kanis Road. December 14, 2023 ITEM NO.: 19 (Cont.) FILE NO.: Z-9878 4 11. 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 are located within the development also. Additionally, provide profile and cross-sectional views of the detention structure outlet/spillway. 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 31-89. 12. A preliminary detention pond analysis for the 25 and 100 year storms is required to be submitted to Department engineering staff for review prior to Planning Commission agenda meeting to verify proposed detention ponds have enough capacity to store and properly release each design storm event per City’s stormwater management and drainage manual and City Code Chapter 29. 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. 16. Private access is proposed for this property. In accordance with Little Rock Code Section 31-207, private streets must be designed and constructed to public street standards per City Code Chapters 29, 30, 31 and Little Rock’s Master Street Plan. 17. Clearly label all interior private streets as “private” on preliminary plat. 18. Per 2021 Arkansas Fire Prevention Code Volume 1 Fire Appendix D Fire Apparatus Access Roads Section D107 One or Two Family Residential Developments D107.1 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. Exceptions: 1. Where there are more than 30 dwelling unit accessed from a single public or private fire apparatus access road and all dwelling units are equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1, 903.3.1.2 December 14, 2023 ITEM NO.: 19 (Cont.) FILE NO.: Z-9878 5 or 903.3.1.3, access from two directions shall not be required. 2. The number of dwelling units accessed from 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.” Therefore, the construction of two (2) fire apparatus access roads or installation of an automatic sprinkler system throughout all proposed residential dwelling units is required. Per Appendix D of the fire code Section D101 General D101.1 Scope: “Fire apparatus access roads shall be in accordance with this appendix and all other applicable requirements of the Arkansas Fire Prevention Code. Requests for exceptions to Appendix D may be appealed to the State Fire Marshal. Section R401.3 Drainage. Surface drainage shall be diverted to a storm sewer conveyance or other approved point of collection that does not create a hazard. Lots shall be graded to drain surface water away from foundation walls. The grade shall fall a minimum of 6 inches (152mm) within the first 10 feet (3048mm). Exception: Where lot lines, walls, slopes or other physical barriers prohibit 6 inches (152mm) of fall within 10 feet (3048mm), drains or swales shall be constructed to ensure drainage away from the structure. Impervious surfaces within 10 feet (3048mm) of the building foundation shall be sloped a minimum of 2 percent away from the building. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: 1. Please submit wastewater drawings 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. 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 December 14, 2023 ITEM NO.: 19 (Cont.) FILE NO.: Z-9878 6 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. 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. December 14, 2023 ITEM NO.: 19 (Cont.) FILE NO.: Z-9878 7 7. Locking device specifications shall be submitted for approval by the fire code official. 8. Electric gate operators, where provided, shall be listed in accordance with UL 325. 9. Gates, intended for automatic operation shall be designed, constructed and installed to comply with requirements of ASTM F 2200. Multi-Family Residential Developments As per Appendix D, Section D106.1 of the 2021 Arkansas Fire Prevention Code Vol. 1. Projects having more than 100 dwelling units. Multiple-family residential projects having more than 100 dwelling units shall be equipped throughout with two separate and approved fire apparatus access roads. Exception: Projects having up to 200 dwelling units may have a single approved fire apparatus access road when all building, including nonresidential occupancies are equipped throughout with approved automatic sprinkler systems installed in accordance with Section 903.3.1.1 or 903.3.1.2 As per Appendix D, Section D106.2 of the 2021 Arkansas Fire prevention Code Vol. 1. Projects having more than 200 dwelling units. Multiple-family residential projects having more than 200 dwelling units shall be provided with two separate and approved fire apparatus access roads regardless of whether they are equipped with an approved automatic sprinkler system. Fire Hydrants Locate Fire Hydrants as per Appendix C of the 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: 1. No comments by Pulaski County unless the proposed subdivision is not annexed into the City. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. Landscape: 1. Any new site development must comply with the City’s minimal landscape and buffer ordinance requirements. Refer to the Code of Ordinances, Chapter 15 December 14, 2023 ITEM NO.: 19 (Cont.) FILE NO.: Z-9878 8 Landscaping and Tree Protection, and Chapter 36, Article IX – Buffers and Screening. 2. Site development plans, with landscape and screening, must be submitted for review, and approval, prior to site clearing and tree removal. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. Planning Division: The request is in the Ellis Mountain Planning District. The Land Use Plan shows 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 R2 to PD-R. This property is located in the Extra Territorial Jurisdiction. Surrounding the application area To the west on the north side of Kanis Road is Commercial (C) land use. South of the application site across Kanis Road is Residential High Density (RH) with a developed apartment complex. The Residential High Density (RH) category accommodates residential development of more than twelve (12) dwelling units per acre. East of the site is Residential Medium Density (RM) with a developed apartment complex and an area of Mixed Office and Commercial (MOC) with a convenience store with fuel pumps. The Residential Medium Density (RM) accommodates a broad range of housing types including single family attached, single family detached, duplex, town homes, multi-family and patio or garden homes. Any combination of these and possibly other housing types may fall in this category provided that the density is between six (6) and twelve (12) dwelling units per acre. 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. This site is not in an Overlay District. Master Street Plan: Kanis Road is a Minor Arterial on the Master Street Plan. Minor Arterials are high volume roads designed to provide the connections to and through an urban area. Curb cuts should be minimized to allow for continuous traffic flow while still allowing some access to adjoining property. Standard Right-of-way (ROW) is 90 feet. December 14, 2023 ITEM NO.: 19 (Cont.) FILE NO.: Z-9878 9 Sidewalks are required on both sides. This street may need more ROW and/or paving width. May require dedication of ROW or improvements. Bicycle Plan: The Master Bike Plan shows no facilities in this area. Historic Preservation Plan: This property is not a contributing structure and is not located in a Historic District. H. ANALYSIS: The applicant is proposing to rezone the property from R-2 to PD-R in order to subdivide 6.35 acres into 44 lots, and to construct fifteen (15) buildings of two (2) and three (3) units each with a neighborhood pool and covered pickleball courts. The subdivision will take access from Kanis Road. The development will also include 1,468 linear-feet of new private streets and will be completed in one (1) phase. The site is located on the north side of Kanis Road, approximately 309 feet west of Kirby Road. Properties around the site contain a mixture zoning and uses all directions. Access to each unit will be from a private drive extending from Kanis Road. Currently all lots will be owned or leased by the developer, however, each unit may be for sale in the future. The plan shows an average lot size of 0.099 acre with a typical unit size of 2,080 square feet. Each unit will contain a 2-car garage and a 20-foot wide driveway. Buildings will not exceed a maximum building height of thirty-five (35) feet. All front building setbacks will be twenty (20) feet, rear setbacks range from five (5) to fifteen (15) feet. All connected buildings have a zero (0) setback at the common building line. A mail kiosk is located near the entrance of the development along Kanis Road. There will be a separate entrance at the southeast corner of the property to serve the mail kiosk area. Two (2) covered pickleball courts and a pool and spa are located in the southeastern portion of the development. The plan shows three (3) parking spaces dedicated for the pool/pickleball area and for mail kiosk parking. December 14, 2023 ITEM NO.: 19 (Cont.) FILE NO.: Z-9878 10 The plan shows water detention along the eastern and southeastern portion of the development. A twelve (12) foot (maximum height) retaining wall is shown along the eastern boundary of the site. Four (4) foot and eight (8) foot high retaining walls are shown along the north property boundary. The applicant notes access easements, walking paths and all open space tracts will be owned and maintained by the POA. The applicant is not proposing any signage at this time. All signage must conform to Section 36-551 (signs permitted in residential one- and two-family zones). Staff is not opposed to the overall concept of the development. However, staff does not feel that the site can be developed as presented, without substantial changes, based on the following concerns: 1. Drainage infrastructure along Kanis Road needs to be within the right-of-way and be designed to accommodate all upstream basin pre-development flows. 2. There will be additional drainage infrastructure within the site, which is not shown on the plan. 3. All common areas, including the private roadways must be within tracts, and maintained by a POA. 4. All private roads must be designed and constructed to City standards. The east/west roads do not comply. 5. Sidewalks are not shown throughout the development, to provide pedestrian connectivity to the common areas (pool and pickle ball courts) and mail kiosk area. 6. The driveways for Lots 18 through 44 must have depths of at least twenty (20) feet. 7. Staff does not support the design of the mail kiosk area. Staff’s has concerns with pedestrian and vehicular access to this area. 8. Staff has concerns with respect to the design of the retaining walls in conjunction with stormwater detention areas. Therefore, staff does not support the evelopment at this time. Staff does not feel that the proposed development is ready to be reviewed and acted upon by the Planning Commission. I. STAFF RECOMMENDATION: Staff recommends denial of the PD-R rezoning as submitted. December 14, 2023 ITEM NO.: 19 (Cont.) FILE NO.: Z-9878 11 PLANNING COMMISSION ACTION: (DECEMBER 14, 2023) This item is being withdrawn, without prejudice, at the request of the applicant. December 14, 2023 ITEM NO.: 20 FILE NO.: Z-9889 NAME: SBC/Lake Nixon – Solar Farm – PD-I LOCATION: Southwestern corner of Colonel Glenn Road & Cooper Orbit Road DEVELOPER: Second Baptist Church (Owner) 222 E. 8th Street Little Rock, AR 72202 OWNER/AUTHORIZED AGENT: Chris Ellis (Agent) Second Baptist Church 222 E. 8th Street Little Rock, AR 72202 SURVEYOR/ENGINEER: Tyler Group 240 Skyline Drive Conway, AR 72032 N/A AREA: 5.07 acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: N/A PLANNING DISTRICT: 18 CENSUS TRACT: 42.07 CURRENT ZONING: AF VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes to rezone 5.07 acres of an overall 30.98 acre site from AF to PD-I to develop a solar farm. The solar farm will exclusively service Second Baptist Church which is contained on the overall tract. December 14, 2023 ITEM NO.: 20 (Cont.) FILE NO.: Z-9889 2 B. EXISTING CONDITIONS: The overall site is contained on the north and south sides of Cooper Orbit Road. The property extends westward to Joiner Road before continuing further south to the intersection of Cooper Orbit Road and Colonel Glenn Road. The majority of the property is zoned AF (Agriculture & Forestry). The eastern portion of the site contains two (2) smaller portions zoned PD-R and R-2. The surrounding properties contain a mixture of zoning and uses. The overall site is located within the City’s Extra-Territorial Jurisdiction (ETJ). 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 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. 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. December 14, 2023 ITEM NO.: 20 (Cont.) FILE NO.: Z-9889 3 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. 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. December 14, 2023 ITEM NO.: 20 (Cont.) FILE NO.: Z-9889 4 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 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: 1. Dedicate R/W to meet Master Street Plan it City requires for Colonel Glenn Road and Cooper Orbit Road. Contact Pulaski County for Quit Claim deed template for R/W dedication. 2. Volunteer Fire Department approval for solar farm prior to requesting and address. 3. Obtain a driveway permit from PCRB (501-340-6800) for any new driveway or driveway improvements or work in the County Right-of-Way. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. Landscape: 1. Any new site development must comply with the City’s minimal landscape and buffer ordinance requirements. Refer to the Code of Ordinances, Chapter 15 Landscaping and Tree Protection, and Chapter 36, Article IX – Buffers and Screening. 2. Site development plans, with landscape and screening, must be submitted for review, and approval, prior to site clearing and tree removal. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. December 14, 2023 ITEM NO.: 20 (Cont.) FILE NO.: Z-9889 5 Planning Division: The request is in the Ellis Mountain Planning District. The Land Use Plan shows Public/Institutional (PI) for the requested 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. The application is to rezone from AF to PD-C for a solar farm. Surrounding the wooded and undeveloped application area is all Low Density Residential (RL). 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. This site is not in an Overlay District. Master Street Plan: Cooper Orbit Road is a collector on the Master Street Plan. Collectors are designed to connect traffic from Local Streets to Arterials or to activity centers, with the secondary function of providing access to adjoining property. The standard Right of way is 60’. Sidewalks are required on one side of Collectors. This street may require dedication of right-of-way and may require street improvements. Bicycle Plan: The Master Bike Plan shows no facilities in this area. Historic Preservation Plan: This property is not developed and is not located in a Historic District. H. ANALYSIS: The applicant proposes to develop 5.07 acres of an overall 30.98 acre site from AF to PD-I to develop a solar farm. The solar farm will exclusively service Second Baptist Church which is contained on the overall tract. The overall site is contained on south side of Cooper Orbit Road, west of Colonel Glenn Road. The property is zoned AF (Agriculture & Forestry). The surrounding properties contain a mixture of zoning and uses. The overall site is located within the City’s Extra-Territorial Jurisdiction (ETJ). December 14, 2023 ITEM NO.: 20 (Cont.) FILE NO.: Z-9889 6 The site plan shows ingress/egress along Joiner Road from the south. The applicant notes the proposed solar array will allow church facilities to reduce the impact of fossil fuel use thus allowing financial resources to be allocated elsewhere. The applicant provided current plans demonstrating measures to mitigate noise emissions generated from the inverters, noting that noise will not be detected beyond the boundary of the property. The solar farm development will be secured by a high-security perimeter fencing around the entire solar array. The site plan shows a 4x8 foot church sign to be located along Colonel Glenn Road. All signs shall comply with Section 36-554 of the City’s zoning ordinance (signs permitted in industrial zones). The applicant notes additional signage/placards will be installed in accordance to the National Electric Code. The applicant notes no other buildings or additional structures are planned for this location. All sight lighting must be low-level and directed away from adjacent properties. The applicant provided responses and additional information to all issues raised during staff’s review of this application. To staff’s knowledge, there are no outstanding issues. The applicant is requesting no variance with the requested PCD rezoning. Staff is supportive of the requested PCD rezoning. Staff views the request as reasonable. The property is located in the City’s Extra Territorial Jurisdiction (ETJ) on 30 a plus total acre tract. Staff feels the proposed use should have no adverse impact on the surrounding properties. I. STAFF RECOMMENDATIONS: Staff recommends approval of the requested PCD zoning, subject to compliance with the comments and conditions outlined in paragraphs E, and F, and the staff analysis, of the agenda staff report. PLANNING COMMISSION ACTION: (DECEMBER 14, 2023) The applicant was present, representing the application. Staff presented the item and a recommendation for approval. There were 6 persons present in opposition. Carolyn Jolley, Roy Jolley, Heather Wigley, Hamilton Kemp, Andrew Black, and Kevin Garland all spoke about concerns of the solar structure being an “eye-sore”, the structure causing December 14, 2023 ITEM NO.: 20 (Cont.) FILE NO.: Z-9889 7 issues with run-off and flooding and the depletion of wildlife and forestry. There was much discussion concerning the project. There was a motion to approve. The motion was seconded. The vote was 1 aye, 10 nays and 0 absent. The motion failed and the application was denied. December 14, 2023 ITEM NO.: 21 FILE NO.: G-25-231 NAME: Arch Street – Street Name Change to “BRUCE T. MOORE WAY” LOCATION: That portion of Arch Street from West 4th Street north to the Arkansas River APPLICANT: City of Little Rock 500 West Markham Street Little Rock, AR 72201 A. NEIGHBORHOOD NOTIFICATIONS: All owners of property which abuts the subject portion of N. Arch Street and S. Arch Street were notified of the public hearing. B. ANALYSIS: The City of Little Rock requests to rename the portion of N. Arch Street and S. Arch Street from West 4th Street north to the Arkansas River to “BRUCE T. MOORE WAY.” The City of Little Rock requests the street name change to honor longtime Little Rock City Manager Bruce T. Moore who recently passed away unexpectedly. C. STAFF RECOMMENDATION: Staff recommends approval of the requested Street Name Change. PLANNING COMMISSION ACTION: (DECEMBER 14, 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 analysis” above. The item remained on the Consent Agenda for Approval. The vote was 10 ayes, 0 nays, and 1 recusal (Russell). The application was approved. December 14, 2023 ITEM NO.: 22 FILE NO.: Z-9863 NAME: Kuruvilla STR-2 – PD-C LOCATION: 25 Warwick Road DEVELOPER: Rebecca Swarna (Agent) 44 St. Thomas Court Little Rock, AR 72211 beccaswarna@gmail.com (870) 476-2548 OWNER/AUTHORIZED AGENT: Viji and Sherli Kuruvilla (Owner) 130 Sezanne Ct Little Rock, AR 72224 (248) 342-0111 SURVEYOR/ENGINEER: Brooks Surveying, Inc. 20820 Arch Street Pike Hensley, AR 72065 (501) 888-5336 AREA: 0.17 acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 4 PLANNING DISTRICT: 2 CENSUS TRACT: 22.80 CURRENT ZONING: R2 VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes to rezone 0.17-acre property located at 25 Warwick Road from an R2 to PD-C to allow use of the property as Short-Term Rental-2 with a maximum stay of twenty-nine (29) days. The owner will not reside in the residence. The entire structure will be rented as one unit. December 14, 2023 ITEM NO.: 22 (Cont.) FILE NO.: Z-9863 2 B. EXISTING CONDITIONS: The property is a 1,522 square foot one-story brick structure. The request is in the Rodney Parham Planning District. The Future Land Use Plan shows Residential Low Density (RL) for the requested area. The property has a long driveway that can accommodate three or more vehicles. 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. Fire Department: Fire Department Inspection required. Parks and Recreation: No comments received. County Planning: No comments. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. Landscape: No comments. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. December 14, 2023 ITEM NO.: 22 (Cont.) FILE NO.: Z-9863 3 Planning Division: The request is in the Rodney Parham 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 R2 to PD-C. for use as an STR-2. Surrounding the application area are Residential Low (RL) properties with Residential High to the north across Grassy Flat Creek. The application site is zoned Single Family (R-2). Surrounding properties are also zoned Single Family (R-2) with Urban Residence (R-5) to the north across Grassy Flat Creek. Master Street Plan: Warwick Rd is a Local Street on the Master Street Plan. May require dedication of ROW or improvements. Bicycle Plan: The Master Transportation Plan Map shows a proposed Class 3 Bicycle Route along Warwick Road which is designated with only signage for bicycle use. These routes use the existing vehicular area, with no physical separation. Historic Preservation Plan: This property is not located in a Historic District. H. ANALYSIS: The applicant proposes to rezone 0.17-acre property located at 25 Warwick Road from an R2 to PD-C to allow use of the property as Short-Term Rental-2 with a maximum stay of twenty-nine (29) days. The owner will not reside in the residence. The entire structure will be rented as one unit. The property is a 1,522 square foot one-story brick structure. The request is in the Rodney Parham Planning District. The Future Land Use Plan shows Residential December 14, 2023 ITEM NO.: 22 (Cont.) FILE NO.: Z-9863 4 Low Density (RL) for the requested area. The property has a long driveway that can accommodate three or more vehicles. 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. 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. December 14, 2023 ITEM NO.: 22 (Cont.) FILE NO.: Z-9863 5 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 House/Short-Term Rental use. 14. Principal renter shall be at least eighteen (18) years of age. 15. Maximum occupancy. Maximum occupancy of any room or structure as a whole shall be determined by the Arkansas Fire Prevention Code. 16. Simultaneous rental to more than one party under separate contracts shall not be allowed. 17. 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. 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 is in support the requested PD-C rezoning. Staff believes the request is reasonable and that the proposed STR-2 use is appropriate for this location. December 14, 2023 ITEM NO.: 22 (Cont.) FILE NO.: Z-9863 6 Currently the City of Little Rock Department of Planning and Development has thirty-five (35) short-term rentals (STR-1 and STR-2) listed within database for approved short-term rentals in the City of Little Rock. The City’s new short-term rental ordinance allows a maximum of 500 short-term rentals within the corporate boundary of the City of Little Rock. I. STAFF RECOMMENDATION: Staff recommends approval of the PD-C zoning request subject to compliance with the comments and conditions noted in paragraph E and the staff analysis of the agenda staff report. PLANNING COMMISSION ACTION: (DECEMBER 14, 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 analysis” above. The item remained on the Consent Agenda for Approval. The vote was 10 ayes, 0 nays, and 1 recusal (Russell). The application was approved. December 14, 2023 ITEM NO.: 23 FILE NO.: Z-9864 NAME: Tumlison STR-2 – PD-C LOCATION: 822 N. Coolidge Street DEVELOPER: Rebecca Swarna (Agent) 44 St. Thomas Court Little Rock, AR 72211 beccaswarna@gmail.com (870) 476-2548 OWNER/AUTHORIZED AGENT: Lisa Tumlison (Owner) 9 Chaparral Lane Little Rock, AR 72212 SURVEYOR/ENGINEER: Brooks Surveying, Inc. 20820 Arch Street Pike Hensley, AR 72065 (501) 888-5336 AREA: 0.16 acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 3 PLANNING DISTRICT: 3 CENSUS TRACT: 21.04 CURRENT ZONING: R2 VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes to rezone 0.17-acre property located at 822 Coolidge Street from an R2 to PD-C to allow use of the property as Short-Term Rental-2 with a maximum stay of twenty-nine (29) days. The owner will not reside in the residence. The entire structure will be rented as one unit. December 14, 2023 ITEM NO.: 23 (Cont.) FILE NO.: Z-9864 2 B. EXISTING CONDITIONS: The property is a 1,711 square foot one-story brick structure. The request is in the West Little Rock Planning District. The Future Land Use Plan shows Residential Low Density (RL) for the requested area. The property has a double concrete driveway that can accommodate three or more vehicles. 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. Fire Department: Fire Department Inspection required. Parks and Recreation: No comments received. County Planning: No comments. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. Landscape: No comments. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. December 14, 2023 ITEM NO.: 23 (Cont.) FILE NO.: Z-9864 3 Planning Division: The request is in the West Little Rock 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 R2 to PD-C for use as an STR-2. The Land Use surrounding the application area is Residential Low (RL). The application site is zoned Single Family (R-2). Surrounding properties are also zoned Single Family (R-2). Master Street Plan: ‘H’ Street is a Collector on the Master Street Plan. May require dedication of ROW or improvements. Bicycle Plan: The Master Transportation Plan Map does not show existing or proposed facilities in this area. There are no existing or proposed bike routes adjacent to or through this land. Historic Preservation Plan: This property is not located in a Historic District. H. ANALYSIS: The applicant proposes to rezone 0.17-acre property located at 822 Coolidge Street from an R2 to PD-C to allow use of the property as Short-Term Rental-2 with a maximum stay of twenty-nine (29) days. The owner will not reside in the residence. The entire structure will be rented as one unit. The property is a 1,711 square foot one-story brick structure. The request is in the West Little Rock Planning District. The Future Land Use Plan shows Residential Low Density (RL) for the requested area. The property has a double concrete driveway that can accommodate three or more vehicles. December 14, 2023 ITEM NO.: 23 (Cont.) FILE NO.: Z-9864 4 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. 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 December 14, 2023 ITEM NO.: 23 (Cont.) FILE NO.: Z-9864 5 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 House/Short-Term Rental use. 14. Principal renter shall be at least eighteen (18) years of age. 15. Maximum occupancy. Maximum occupancy of any room or structure as a whole shall be determined by the Arkansas Fire Prevention Code. 16. Simultaneous rental to more than one party under separate contracts shall not be allowed. 17. 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. 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 is in support the requested PD-C rezoning. Staff believes the request is reasonable and that the proposed STR-2 use is appropriate for this location. Currently the City of Little Rock Department of Planning and Development has thirty-five (35) short-term rentals (STR-1 and STR-2) listed within the database for approved short-term rentals in the City of Little Rock. The City’s new short-term December 14, 2023 ITEM NO.: 23 (Cont.) FILE NO.: Z-9864 6 rental ordinance allows a maximum of 500 short-term rentals within the corporate boundary of the City of Little Rock. I. STAFF RECOMMENDATION: Staff recommends approval of the PD-C zoning request subject to compliance with the comments and conditions noted in paragraph E and the staff analysis of the agenda staff report. PLANNING COMMISSION ACTION: (DECEMBER 14, 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 analysis” above. The item remained on the Consent Agenda for Approval. The vote was 10 ayes, 0 nays, and recusal (Russell). The application was approved. December 14, 2023 ITEM NO.: 24 FILE NO.: Z-9866 NAME: J. McDonald STR-2 – PD-C LOCATION: 5105 “C” Street DEVELOPER: Jerry McDonald (Owner) 5485 NW 22nd St Fort Lauderdale, Florida 33308 jerrymcdonald@sbcglobal.net (214) 679-3952 OWNER/AUTHORIZED AGENT: Jerry McDonald (Owner) 5485 NW 22nd St Fort Lauderdale, Florida 33308 jerrymcdonald@sbcglobal.net (214) 679-3952 SURVEYOR/ENGINEER: Brooks Surveying, Inc. 20820 Arch Street Pike Hensley, AR 72065 (501) 888-5336 AREA: 0.13 acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 3 PLANNING DISTRICT: 4 CENSUS TRACT: 15.01 CURRENT ZONING: R3 VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes to rezone 0.13-acre property located at 5105 “C” Street from an R3 to PD-C to allow use of the property as Short-Term Rental-2 with a December 14, 2023 ITEM NO.: 24 (Cont.) FILE NO.: Z-9866 2 maximum stay of twenty-nine (29) days. The owner will not reside in the residence. The entire structure will be rented as one unit. B. EXISTING CONDITIONS: The property is a 928 square foot one-story structure with exterior siding. The request is in the Heights/Hillcrest Planning District and is also in the Hillcrest Overlay District. The Future Land Use Plan shows Residential Low Density (RL) for the requested area. The property has a concrete driveway that can accommodate two vehicles. 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. Fire Department: Fire Department Inspection required. Parks and Recreation: No comments received. County Planning: No comments. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. Landscape: No comments. December 14, 2023 ITEM NO.: 24 (Cont.) FILE NO.: Z-9866 3 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 remains less than 6 units per acre. The application is to rezone from R3 to PD-C for use as an STR-2. The Land Use surrounding the application area is Residential Low (RL). The application site is zoned Single Family (R-3). Surrounding properties are also zoned Single Family (R-3) with a Planned Development – Office (PD-O) on the corner of “C” Street and North Van Buren Street. This site in in the Hillcrest Overlay District. Master Street Plan: C Street is a Local Street on the Master Street Plan. May require dedication of ROW improvements. Bicycle Plan: The Master Transportation Plan Map does not show existing or proposed facilities in this area. There are no existing or proposed bike routes adjacent to or through this land. Historic Preservation Plan: This property is not located in a Historic District. H. ANALYSIS: The applicant proposes to rezone 0.13-acre property located at 5105 “C” Street from an R3 to PD-C to allow use of the property as Short-Term Rental-2 with a maximum stay of twenty-nine (29) days. The owner will not reside in the residence. The entire structure will be rented as one unit. December 14, 2023 ITEM NO.: 24 (Cont.) FILE NO.: Z-9866 4 The property is a 928 square foot one-story structure with exterior siding. The request is in the Heights/Hillcrest Planning District and is also in the Hillcrest Overlay District. The Future Land Use Plan shows Residential Low Density (RL) for the requested area. The property has a concrete driveway that can accommodate two vehicles. 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. 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. December 14, 2023 ITEM NO.: 24 (Cont.) FILE NO.: Z-9866 5 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 House/Short-Term Rental use. 14. Principal renter shall be at least eighteen (18) years of age. 15. Maximum occupancy. Maximum occupancy of any room or structure as a whole shall be determined by the Arkansas Fire Prevention Code. 16. Simultaneous rental to more than one party under separate contracts shall not be allowed. 17. 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. 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. December 14, 2023 ITEM NO.: 24 (Cont.) FILE NO.: Z-9866 6 Staff is in support the requested PD-C rezoning. Staff believes the request is reasonable and that the proposed STR-2 use is appropriate for this location. Currently the City of Little Rock Department of Planning and Development has thirty-five (35) short-term rentals (STR-1 and STR-2) listed within the database for approved short-term rentals in the City of Little Rock. The City’s new short-term rental ordinance allows a maximum of 500 short-term rentals within the corporate boundary of the City of Little Rock. I. STAFF RECOMMENDATION: Staff recommends approval of the PD-C zoning request subject to compliance with the comments and conditions noted in paragraphs E and G and the staff analysis of the agenda staff report. PLANNING COMMISSION ACTION: (DECEMBER 14, 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 analysis” above. The item remained on the Consent Agenda for Approval. The vote was 10 ayes, 0 nays, and recusal (Russell). The application was approved. December 14, 2023 ITEM NO.: 25 FILE NO.: Z-9869 NAME: Carbary #1 STR-2 – PD-C LOCATION: 411 N. Jackson Street DEVELOPER: Connie & William Carbary (Owner) Carbary, LLC PO Box 250206 Little Rock, AR 72207 conniecarbary@gmail.com (501) 766-4148 or (501) 663-2600 OWNER/AUTHORIZED AGENT: Connie & William Carbary (Owner) Carbary, LLC PO Box 250206 Little Rock, AR 72207 conniecarbary@gmail.com (501) 766-4148 or (501) 663-2600 SURVEYOR/ENGINEER: Brooks Surveying, Inc. 20820 Arch Street Pike Hensley, AR 72065 (501) 888-5336 AREA: 0.16 acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 3 PLANNING DISTRICT: 4 CENSUS TRACT: 15.01 CURRENT ZONING: R3 VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes to rezone 0.16-acre property located at 411 North Jackson Street from an R3 to PD-C to allow use of the property as Short-Term Rental-2 December 14, 2023 ITEM NO.: 25 (Cont.) FILE NO.: Z-9869 2 with a maximum stay of twenty-nine (29) days. The owner will not reside in the residence. The entire structure will be rented as one unit. B. EXISTING CONDITIONS: The property is a 744 square foot one-story structure with exterior siding. The request is in the Heights/Hillcrest Planning District, the Hillcrest Overlay District and is in Hillcrest Historic District. The Future Land Use Plan shows Residential Low Density (RL) for the requested area. The property has a carport and a gravel driveway that can accommodate three to four vehicles. 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. Fire Department: Fire Department Inspection required. Parks and Recreation: No comments received. County Planning: No comments. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. Landscape: No comments. December 14, 2023 ITEM NO.: 25 (Cont.) FILE NO.: Z-9869 3 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 remains less than 6 units per acre. The application is to rezone from R3 to PD-C for use as an STR-2. The Land Use surrounding the application area is Residential Low (RL). The application site is zoned Single Family (R-3). Surrounding properties are also zoned Single Family (R-3). This site is in the Hillcrest Overlay District. Master Street Plan: N Jackson Street is a Local Street on the Master Street Plan. May require dedication of ROW or improvements. Bicycle Plan: The Master Transportation Plan Map shows a proposed Class 3 Bicycle Route along North Jackson Street which is designated with only signage for bicycle use. These routes use the existing vehicular area, with no physical separation. Historic Preservation Plan: This property is in the Hillcrest Historic District and is a contributing structure. H. ANALYSIS: The applicant proposes to rezone a 0.16-acre property located at 411 North Jackson Street from an R3 to PD-C to allow use of the property as Short-Term Rental-2 with a maximum stay of twenty-nine (29) days. The owner will not reside in the residence. The entire structure will be rented as one unit. The property is a 744 square foot one-story structure with exterior siding. The request is in the Heights/Hillcrest Planning District, the Hillcrest Overlay District December 14, 2023 ITEM NO.: 25 (Cont.) FILE NO.: Z-9869 4 and is in Hillcrest Historic District. The Future Land Use Plan shows Residential Low Density (RL) for the requested area. The property has a carport and a gravel driveway that can accommodate three to four vehicles. 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. 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. December 14, 2023 ITEM NO.: 25 (Cont.) FILE NO.: Z-9869 5 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 House/Short-Term Rental use. 14. Principal renter shall be at least eighteen (18) years of age. 15. Maximum occupancy. Maximum occupancy of any room or structure as a whole shall be determined by the Arkansas Fire Prevention Code. 16. Simultaneous rental to more than one party under separate contracts shall not be allowed. 17. 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. 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 is in support the requested PD-C rezoning. Staff believes the request is reasonable and that the proposed STR-2 use is appropriate for this location. December 14, 2023 ITEM NO.: 25 (Cont.) FILE NO.: Z-9869 6 Currently the City of Little Rock Department of Planning and Development has thirty-five (35) short-term rentals (STR-1 and STR-2) listed within the database for approved short-term rentals in the City of Little Rock. The City’s new short-term rental ordinance allows a maximum of 500 short-term rentals within the corporate boundary of the City of Little Rock. I. STAFF RECOMMENDATION: Staff recommends approval of the PD-C zoning request subject to compliance with the comments and conditions noted in paragraph E and the staff analysis of the agenda staff report. PLANNING COMMISSION ACTION: (DECEMBER 14, 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 analysis” above. The item remained on the Consent Agenda for Approval. The vote was 10 ayes, 0 nays, and recusal (Russell). The application was approved. December 14, 2023 ITEM NO.: 26 FILE NO.: Z-9870 NAME: Carbary #2 STR-2 – PD-C LOCATION: 121 White Oak Lane DEVELOPER: Connie & William Carbary (Owner) Carbary, LLC PO Box 250206 Little Rock, AR 72207 conniecarbary@gmail.com (501) 766-4148 or (501) 663-2600 OWNER/AUTHORIZED AGENT: Connie & William Carbary (Owner) Carbary, LLC PO Box 250206 Little Rock, AR 72207 conniecarbary@gmail.com (501) 766-4148 or (501) 663-2600 SURVEYOR/ENGINEER: Brooks Surveying, Inc. 20820 Arch Street Pike Hensley, AR 72065 (501) 888-5336 AREA: 0.17 acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 3 PLANNING DISTRICT: 3 CENSUS TRACT: 49 CURRENT ZONING: R2 VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes to rezone 0.17-acre property located at 121 White Oak Lane from an R2 to PD-C to allow use of the property as Short-Term Rental-2 with December 14, 2023 ITEM NO.: 26 (Cont.) FILE NO.: Z-9870 2 a maximum stay of twenty-nine (29) days. The owner will not reside in the residence. The entire structure will be rented as one unit. B. EXISTING CONDITIONS: The property is a 1,773 square foot split-level brick structure. The request is in West Little Rock Planning District. The Future Land Use Plan shows Residential Low Density (RL) for the requested area. The property has a double car garage and a long driveway that could easily accommodate four to five cars. 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. Fire Department: Fire Department Inspection required. Parks and Recreation: No comments received. County Planning: No comments. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. Landscape: No comments. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. December 14, 2023 ITEM NO.: 26 (Cont.) FILE NO.: Z-9870 3 Planning Division: The request is in the West Little Rock 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 R2 to PD-C for use as an STR-2. The Land Use surrounding the application area to the north, east, and south is Residential Low (RL) with Residential High (RH) to the west. The application site is zoned Single Family (R-2). Surrounding properties to the north, east, and south are also zoned Single Family (R-2) with Multi-Family (MF-24) to the west. Master Street Plan: White Oak Lane is a Local Street on the Master Street Plan. May require dedication of ROW or improvements. Bicycle Plan: The Master Transportation Plan Map does not show existing or proposed facilities in this area. There are no existing or proposed bike routes adjacent to or through this land. Historic Preservation Plan: This property is not located in a Historic District. H. ANALYSIS: The applicant proposes to rezone 0.17-acre property located at 121 White Oak Lane from an R2 to PD-C to allow use of the property as Short-Term Rental-2 with a maximum stay of twenty-nine (29) days. The owner will not reside in the residence. The entire structure will be rented as one unit. The property is a 1,773 square foot split-level brick structure. The request is in West Little Rock Planning District. The Future Land Use Plan shows Residential Low Density (RL) for the requested area. The property has a double car garage and a long driveway that could easily accommodate four to five cars. December 14, 2023 ITEM NO.: 26 (Cont.) FILE NO.: Z-9870 4 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. 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 December 14, 2023 ITEM NO.: 26 (Cont.) FILE NO.: Z-9870 5 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 House/Short-Term Rental use. 14. Principal renter shall be at least eighteen (18) years of age. 15. Maximum occupancy. Maximum occupancy of any room or structure as a whole shall be determined by the Arkansas Fire Prevention Code. 16. Simultaneous rental to more than one party under separate contracts shall not be allowed. 17. 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. 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 is in support the requested PD-C rezoning. Staff believes the request is reasonable and that the proposed STR-2 use is appropriate for this location. Currently the City of Little Rock Department of Planning and Development has thirty-five (35) short-term rentals (STR-1 and STR-2) listed within the database for approved short-term rentals in the City of Little Rock. The City’s new short-term December 14, 2023 ITEM NO.: 26 (Cont.) FILE NO.: Z-9870 6 rental ordinance allows a maximum of 500 short-term rentals within the corporate boundary of the City of Little Rock. I. STAFF RECOMMENDATION: Staff recommends approval of the PD-C zoning request subject to compliance with the comments and conditions noted in paragraph E and the staff analysis of the agenda staff report. PLANNING COMMISSION ACTION: (DECEMBER 14, 2023) The applicant was present, representing the application. Staff presented the item and a recommendation for approval. There was one person in opposition; Annie Naulhmann. The person in opposition did not stay to speak to the Commission. There was a motion to approve as recommended by staff. The motion was seconded. The vote was 8 ayes, 2 nays and 1 absent. December 14, 2023 ITEM NO.: 27 FILE NO.: Z-9873 NAME: Blanton STR-2 – PD-C LOCATION: 12 Terrace Drive DEVELOPER: Rebecca Swarna (Agent) 44 St. Thomas Court Little Rock, AR 72211 (501) 626-1688 beccaswarna@gmail.com Kylie Blanton (Owner) OWNER/AUTHORIZED AGENT: Rebecca Swarna (Agent) 44 St. Thomas Court Little Rock, AR 72211 (501) 626-1688 beccaswarna@gmail.com Kylie Blanton (Owner) SURVEYOR/ENGINEER: Brooks Surveying, Inc. 20820 Arch Street Pike Hensley, AR 72065 (501) 888-5336 AREA: 0.67 acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 3 PLANNING DISTRICT: 4 CENSUS TRACT: 15.02 CURRENT ZONING: R2 VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes to rezone 0.67-acre property located at 12 Terrace Drive from an R2 to PD-C to allow use of the property as Short-Term Rental-2 with a December 14, 2023 ITEM NO.: 27 (Cont.) FILE NO.: Z-9873 2 maximum stay of twenty-nine (29) days. The owner will not reside in the residence. The entire structure will be rented as one unit. B. EXISTING CONDITIONS: The property is a 1,493 square foot one story brick structure. The request is in Heights/Hillcrest Planning District. The Future Land Use Plan shows Residential Low Density (RL) for the requested area. The property has a single car garage and a driveway that could easily accommodate three to four cars. 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. Fire Department: Fire Department Inspection required. Parks and Recreation: No comments received. County Planning: No comments. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. Landscape: No comments. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. December 14, 2023 ITEM NO.: 27 (Cont.) FILE NO.: Z-9873 3 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 remains less than 6 units per acre. The application is to rezone from R2 to PD-C for use as an STR-2. Surrounding the application area, the land use is Residential Low (RL). Across Cantrell Road to the north, the land use is Park and Open Space (PK/OS). The application site is zoned Single Family (R-2). Surrounding properties to the east, west, and south are also zoned Single Family (R-2). To the north across Cantrell road, properties are zoned Single Family (R-2) and Heavy Industrial (I-3) Master Street Plan: Terrace Drive is a Local Street on the Master Street Plan. May require dedication of ROW or improvements. Bicycle Plan: The Master Transportation Plan Map does not show existing or proposed facilities in this area. There are no existing or proposed bike routes adjacent to or through this land. Historic Preservation Plan: This property is not located in a Historic District. H. ANALYSIS: The applicant proposes to rezone 0.67-acre property located at 12 Terrace Drive from an R2 to PD-C to allow use of the property as Short-Term Rental-2 with a maximum stay of twenty-nine (29) days. The owner will not reside in the residence. The entire structure will be rented as one unit. The property is a 1,493 square foot one story brick structure. The request is in Heights/Hillcrest Planning District. The Future Land Use Plan shows Residential Low Density (RL) for the requested area. The property has a single car garage and a driveway that could easily accommodate three to four cars. December 14, 2023 ITEM NO.: 27 (Cont.) FILE NO.: Z-9873 4 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. 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 December 14, 2023 ITEM NO.: 27 (Cont.) FILE NO.: Z-9873 5 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 House/Short-Term Rental use. 14. Principal renter shall be at least eighteen (18) years of age. 15. Maximum occupancy. Maximum occupancy of any room or structure as a whole shall be determined by the Arkansas Fire Prevention Code. 16. Simultaneous rental to more than one party under separate contracts shall not be allowed. 17. 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. 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 is in support the requested PD-C rezoning. Staff believes the request is reasonable and that the proposed STR-2 use is appropriate for this location. Currently the City of Little Rock Department of Planning and Development has thirty-five (35) short-term rentals (STR-1 and STR-2) listed within the database for approved short-term rentals in the City of Little Rock. The City’s new short-term December 14, 2023 ITEM NO.: 27 (Cont.) FILE NO.: Z-9873 6 rental ordinance allows a maximum of 500 short-term rentals within the corporate boundary of the City of Little Rock. I. STAFF RECOMMENDATION: Staff recommends approval of the PD-C zoning request subject to compliance with the comments and conditions noted in paragraph E and the staff analysis of the agenda staff report. PLANNING COMMISSION ACTION: (DECEMBER 14, 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 analysis” above. The item remained on the Consent Agenda for Approval. The vote was 10 ayes, 0 nays, and recusal (Russell). The application was approved. December 14, 2023 ITEM NO.: 28 FILE NO.: Z-9874 NAME: Swarna #1 STR-2 – PD-C LOCATION: 1412 S. Tyler Street DEVELOPER: Rebecca Swarna (Agent) 44 St. Thomas Court Little Rock, AR 72211 (501) 626-1688 beccaswarna@gmail.com Kalyan & Rebecca Swarna (Owner) OWNER/AUTHORIZED AGENT: Rebecca Swarna (Agent) 44 St. Thomas Court Little Rock, AR 72211 (501) 626-1688 beccaswarna@gmail.com Kalyan & Rebecca Swarna (Owner) SURVEYOR/ENGINEER: Brooks Surveying, Inc. 20820 Arch Street Pike Hensley, AR 72065 (501) 888-5336 AREA: 0.24 acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 1 PLANNING DISTRICT: 9 CENSUS TRACT: 18 CURRENT ZONING: R2 VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes to rezone a 0.24-acre property located at 1412 South Tyler Street from an R3 to PD-C to allow use of the property as Short-Term Rental-2 December 14, 2023 ITEM NO.: 28 (Cont.) FILE NO.: Z-9874 2 with a maximum stay of twenty-nine (29) days. The owner will not reside in the residence. The entire structure will be rented as one unit. B. EXISTING CONDITIONS: The property is a 1,578 square foot one story brick structure. The request is in I-630 Planning District. The Future Land Use Plan shows Residential Low Density (RL) for the requested area. The property has a concrete driveway that can easily accommodate two cars. 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. Fire Department: Fire Department Inspection required. Parks and Recreation: No comments received. County Planning: No comments. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. Landscape: No comments. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. December 14, 2023 ITEM NO.: 28 (Cont.) FILE NO.: Z-9874 3 Planning Division: The request is in the I-630 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 R3 to PD-C for use as an STR-2. The Land Use surrounding the application area is Residential Low (RL). The application site is zoned Single Family (R-3). Surrounding properties are also zoned Single Family (R-3). Master Street Plan: Tyler Street is a Local Street on the Master Street Plan. May require dedication of ROW or improvements. Bicycle Plan: The Master Transportation Plan Map does not show existing or proposed facilities in this area. There are no existing or proposed bike routes adjacent to or through this land. Historic Preservation Plan: This property is not located in a Historic District. H. ANALYSIS: The applicant proposes to rezone a 0.24-acre property located at 1412 South Tyler Street from an R3 to PD-C to allow use of the property as Short-Term Rental-2 with a maximum stay of twenty-nine (29) days. The owner will not reside in the residence. The entire structure will be rented as one unit. The property is a 1,578 square foot one story brick structure. The request is in I-630 Planning District. The Future Land Use Plan shows Residential Low Density (RL) for the requested area. The property has a concrete driveway that can easily accommodate two cars. 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 December 14, 2023 ITEM NO.: 28 (Cont.) FILE NO.: Z-9874 4 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. 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 December 14, 2023 ITEM NO.: 28 (Cont.) FILE NO.: Z-9874 5 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 House/Short-Term Rental use. 14. Principal renter shall be at least eighteen (18) years of age. 15. Maximum occupancy. Maximum occupancy of any room or structure as a whole shall be determined by the Arkansas Fire Prevention Code. 16. Simultaneous rental to more than one party under separate contracts shall not be allowed. 17. 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. 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 is in support the requested PD-C rezoning. Staff believes the request is reasonable and that the proposed STR-2 use is appropriate for this location. Currently the City of Little Rock Department of Planning and Development has thirty-five (35) short-term rentals (STR-1 and STR-2) listed within the database for approved short-term rentals in the City of Little Rock. The City’s new short-term rental ordinance allows a maximum of 500 short-term rentals within the corporate boundary of the City of Little Rock. December 14, 2023 ITEM NO.: 28 (Cont.) FILE NO.: Z-9874 6 I. STAFF RECOMMENDATION: Staff recommends approval of the PD-C zoning request subject to compliance with the comments and conditions noted in paragraph E and the staff analysis of the agenda staff report. PLANNING COMMISSION ACTION: (DECEMBER 14, 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 analysis” above. The item remained on the Consent Agenda for Approval. The vote was 10 ayes, 0 nays, and recusal (Russell). The application was approved. December 14, 2023 ITEM NO.: 29 FILE NO.: Z-9875 NAME: Swarna #2 STR-2 – PD-C LOCATION: 801 North Hughes Street DEVELOPER: Rebecca Swarna (Agent) 44 St. Thomas Court Little Rock, AR 72211 (501) 626-1688 beccaswarna@gmail.com Kalyan & Rebecca Swarna (Owner) OWNER/AUTHORIZED AGENT: Rebecca Swarna (Agent) 44 St. Thomas Court Little Rock, AR 72211 (501) 626-1688 beccaswarna@gmail.com Kalyan & Rebecca Swarna (Owner) SURVEYOR/ENGINEER: Brooks Surveying, Inc. 20820 Arch Street Pike Hensley, AR 72065 (501) 888-5336 AREA: 0.22 acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 3 PLANNING DISTRICT: 3 CENSUS TRACT: 21.04 CURRENT ZONING: R2 VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes to rezone a 0.22-acre property located at 801 North Hughes Street from an R2 to PD-C to allow use of the property as Short-Term December 14, 2023 ITEM NO.: 29 (Cont.) FILE NO.: Z-9875 2 Rental-2 with a maximum stay of twenty-nine (29) days. The owner will not reside in the residence. The entire structure will be rented as one unit. B. EXISTING CONDITIONS: The property is a 2,243 square foot two story brick and siding structure. The request is in the West Little Rock Planning District. The Future Land Use Plan shows Residential Low Density (RL) for the requested area. The property has a two car pergola carport with a concrete driveway that can easily accommodate two additional cars. 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. Fire Department: Fire Department Inspection required. Parks and Recreation: No comments received. County Planning: No comments. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. Landscape: No comments. December 14, 2023 ITEM NO.: 29 (Cont.) FILE NO.: Z-9875 3 G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. Planning Division: The request is in the West Little Rock 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 R2 to PD-C for use as an STR-2. The Land Use surrounding the application area is Residential Low (RL). The application site is zoned Single Family (R-2). Surrounding properties are also zoned Single Family (R-2). Master Street Plan: N Hughes Street is a Collector Street on the Master Street Plan. May require dedication of ROW or improvements. Bicycle Plan: The Master Transportation Plan Map does not show existing or proposed facilities in this area. There are no existing or proposed bike routes adjacent to or through this land. Historic Preservation Plan: This property is not located in a Historic District. H. ANALYSIS: The applicant proposes to rezone a 0.22-acre property located at 801 North Hughes Street from an R2 to PD-C to allow use of the property as Short-Term Rental-2 with a maximum stay of twenty-nine (29) days. The owner will not reside in the residence. The entire structure will be rented as one unit. The property is a 2,243 square foot two story brick and siding structure. The request is in the West Little Rock Planning District. The Future Land Use Plan shows Residential Low Density (RL) for the requested area. The property has a December 14, 2023 ITEM NO.: 29 (Cont.) FILE NO.: Z-9875 4 two-car pergola carport with a concrete driveway that can easily accommodate two additional cars. 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. 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. December 14, 2023 ITEM NO.: 29 (Cont.) FILE NO.: Z-9875 5 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 House/Short-Term Rental use. 14. Principal renter shall be at least eighteen (18) years of age. 15. Maximum occupancy. Maximum occupancy of any room or structure as a whole shall be determined by the Arkansas Fire Prevention Code. 16. Simultaneous rental to more than one party under separate contracts shall not be allowed. 17. 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. 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 is in support the requested PD-C rezoning. Staff believes the request is reasonable and that the proposed STR-2 use is appropriate for this location. December 14, 2023 ITEM NO.: 29 (Cont.) FILE NO.: Z-9875 6 Currently the City of Little Rock Department of Planning and Development has thirty-five (35) short-term rentals (STR-1 and STR-2) listed within the database for approved short-term rentals in the City of Little Rock. The City’s new short-term rental ordinance allows a maximum of 500 short-term rentals within the corporate boundary of the City of Little Rock. I. STAFF RECOMMENDATION: Staff recommends approval of the PD-C zoning request subject to compliance with the comments and conditions noted in paragraph E and the staff analysis of the agenda staff report. PLANNING COMMISSION ACTION: (DECEMBER 14, 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 analysis” above. The item remained on the Consent Agenda for Approval. The vote was 10 ayes, 0 nays, and recusal (Russell). The application was approved. December 14, 2023 ITEM NO.: 30 FILE NO.: Z-9876 NAME: Beaty STR-2 – PD-C LOCATION: 2221 N. Cleveland Street DEVELOPER: Annalisa Beaty (Owner) 2221 N. Cleveland Street Little Rock, AR 72207 thebrookebeaty@gmail.com (512) 294-1634 OWNER/AUTHORIZED AGENT: Annalisa Beaty (Owner) 2221 N. Cleveland Street Little Rock, AR 72207 thebrookebeaty@gmail.com (512) 294-1634 SURVEYOR/ENGINEER: Brooks Surveying, Inc. 20820 Arch Street Pike Hensley, AR 72065 (501) 888-5336 AREA: 0.15 acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 3 PLANNING DISTRICT: 3 CENSUS TRACT: 49 CURRENT ZONING: R2 VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes to rezone a 0.15-acre property located at 2221 North Cleveland Street from an R2 to PD-C to allow use of the property as Short-Term Rental-2 with a maximum stay of twenty-nine (29) days. The owner will not reside in the residence. The entire structure will be rented as one unit. December 14, 2023 ITEM NO.: 30 (Cont.) FILE NO.: Z-9876 2 B. EXISTING CONDITIONS: The property is a 1,460 square foot one story structure with siding. The request is in the West Little Rock Planning District. The Future Land Use Plan shows Residential Low Density (RL) for the requested area. The property has a two car pergola carport with a concrete driveway that can easily accommodate two additional cars. 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. Fire Department: Fire Department Inspection required. Parks and Recreation: No comments received. County Planning: No comments. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. Landscape: No comments. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. December 14, 2023 ITEM NO.: 30 (Cont.) FILE NO.: Z-9876 3 Planning Division: The request is in the West Little Rock 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 R2 to PD-C for use as an STR-2. The Land Use surrounding the application area is Residential Low (RL). The application site is zoned Single Family (R-2). Surrounding properties are also zoned Single Family (R-2). This property is located in the Heights Landscape Overlay District. Master Street Plan: N Cleveland Street is a Local Street on the Master Street Plan. May require dedication of ROW or improvements. Bicycle Plan: The Master Transportation Plan Map does not show existing or proposed facilities in this area. There are no existing or proposed bike routes adjacent to or through this land. Historic Preservation Plan: This property is not located in a Historic District. H. ANALYSIS: The applicant proposes to rezone a 0.15-acre property located at 2221 North Cleveland Street from an R2 to PD-C to allow use of the property as Short-Term Rental-2 with a maximum stay of twenty-nine (29) days. The owner will not reside in the residence. The entire structure will be rented as one unit. The property is a 1,460 square foot one story structure with siding. The request is in the West Little Rock Planning District. The Future Land Use Plan shows Residential Low Density (RL) for the requested area. The property has a two-car December 14, 2023 ITEM NO.: 30 (Cont.) FILE NO.: Z-9876 4 pergola carport with a concrete driveway that can easily accommodate two additional cars. 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. 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. December 14, 2023 ITEM NO.: 30 (Cont.) FILE NO.: Z-9876 5 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 House/Short-Term Rental use. 14. Principal renter shall be at least eighteen (18) years of age. 15. Maximum occupancy. Maximum occupancy of any room or structure as a whole shall be determined by the Arkansas Fire Prevention Code. 16. Simultaneous rental to more than one party under separate contracts shall not be allowed. 17. 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. 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 is in support the requested PD-C rezoning. Staff believes the request is reasonable and that the proposed STR-2 use is appropriate for this location. December 14, 2023 ITEM NO.: 30 (Cont.) FILE NO.: Z-9876 6 Currently the City of Little Rock Department of Planning and Development has thirty-five (35) short-term rentals (STR-1 and STR-2) listed within the database for approved short-term rentals in the City of Little Rock. The City’s new short-term rental ordinance allows a maximum of 500 short-term rentals within the corporate boundary of the City of Little Rock. I. STAFF RECOMMENDATION: Staff recommends approval of the PD-C zoning request subject to compliance with the comments and conditions noted in paragraphs E and the staff analysis of the agenda staff report. PLANNING COMMISSION ACTION: (DECEMBER 14, 2023) The applicant was present, representing the application. Staff presented the item and a recommendation for approval. There was one person in opposition: Dale Brown (Jerry). The person in opposition did not stay to speak to the Commission. There was a motion to approve as recommended by staff. The motion was seconded. The vote was 9 ayes, 0 nays, 1 abstention (Hodges) and 1 absent. December 14, 2023 There being no further business before the Commission, the meeting was adjourned at 7:48 p.m. Date Chairman Secretary