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pc_02 21 2013 LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING MINUTE RECORD FEBRUARY 21, 2013 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present being nine (9) in number. II. Members Present: Tom Brock Alan Bubbus William Changose Janet Dillon J. T. Ferstl Rebecca Finney Obray Nunnley, Jr. Amy Pierce Bill Rector Members Absent: Keith Fountain Open Position City Attorney: Cindy Dawson III. Approval of the Minutes of the January 10, 2013 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING FEBRUARY 21, 2013 4:00 P.M. I. OLD BUSINESS: Item Number: File Number: Title: A. LU13-03-01 A Land Use Plan Amendment in the West Little Rock Planning District from Residential Low Density to Commercial in the 8200 – 8300 block of Cantrell Road. A.1 Z-8829 Rezoning from R-2 to C-3 8220 – 8300 Cantrell Road B. Z-3836-G Christ The King Catholic Church – Revised Conditional Use Permit 4000 N. Rodney Parham Road II. NEW BUSINESS: Item Number: File Number: Title: 1. Z-4746-D Rezoning from O-3 (with conditions) to O-3 (with amended conditions) West end of Knoedl Court 2. Z-7683-A Rezoning from R-3 to R-5 3316 West 12th Street 3. Z-8837 314 East 6th Street Food Store under 5,000 square feet with sales of beer and wine – Conditional Use Permit 314 East 6th Street February 21, 2013 ITEM NO.: A FILE NO.: LU13-03-01 Name: Land Use Plan Amendment – West Little Rock Planning District Location: 8200-8300 Block of Cantrell Road Request: Residential Low Density to Commercial Source: Lewis Bunch, Heights Real Estate Company PROPOSAL / REQUEST: A Land Use Plan amendment in the West Little Rock Planning District from Residential Low Density to Commercial. The Commercial 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 general commercial development. EXISTING LAND USE AND ZONING: The property has three single family houses on it and is currently zoned R-2 Single Family on 3.62 acres. The application area is the southern portion of the property: the frontage along Cantrell. To the north and west are single family homes zoned R-2 and to the southwest are Reservoir Park and the reservoir zoned PR and R-2 respectively. To the east is a combination of C-3 General Commercial with retail stores, MF-18 Multifamily and O-2 Office and Institutional uses which are developed with multi-family housing. To the southeast is more C-3, C-1 Neighborhood Commercial, O-3 General Office and PRD Planned Residential Development which are developed with the Pavilion in the Park development, apartments, elderly housing, offices and patio homes, respectively. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: The property is currently shown as RL Residential Low Density. To the north and west is also RL Residential Low Density. To the east is C Commercial on both sides of Cantrell Road. Across Cantrell Road to the south are O Office and PK/OS Park / Open Space. August 17, 1999, a change was made from Multifamily to Office 800 feet south and east of the site at 2300 Andover Court. March 18, 1997, A change from Single Family to Office at 8315 Cantrell across Cantrell from the application site. February 21, 2013 ITEM NO.: A (Cont.) FILE NO.: LU13-03-01 2 MASTER STREET PLAN: Cantrell Road is shown as a Principal Arterial at this location. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Cantrell Road since it is a Principal Arterial. BICYCLE PLAN: There is a proposed Class I bike route that goes along the western portion of this property in question. It is planned to go through Reservoir Park and then travel northward to the Arkansas River and parallel Jimmerson Creek. A Class I bikeway is built separate from or alongside a road. Additional paving and right of way may be required. PARKS: This area is served by Reservoir Park which is across Cantrell Road form this site. HISTORIC DISTRICTS: There are no city recognized historic districts that would be affected by this amendment. ANALYSIS: Cantrell Road from this site west is all residential use or Park/Open Space on the Future Land use Plan. To the east, to Perryville Road is shown as Commercial with a mixture of Multi-family and Office located behind. From Perryville to the bottom of Cantrell Hill in Riverdale, the frontage along Cantrell is residential with the exception of the Kavanagh and Cantrell intersection. That being said, the section of Cantrell from Perryville to this site forms on large node of Commercial almost one and one-quarter miles in length that includes the Mississippi and Cantrell intersection. Stripping out the reminder of Cantrell Road is not a sound planning principal. Conversion of part of the Residential Low Density areas to commercial resulting in a more “strip” commercial development along arterial streets can have negative traffic impacts. Cantrell Road in the area of the application is already at 35,000 ADT when the design value is 25,000 ADT (average daily trips). The commercial mentioned above is all developed with no vacant parcels to Staff’s knowledge. It is occupied with a variety of uses from banks, retail shops, shopping centers, apartments and restaurants. This strip of Commercial has not significantly February 21, 2013 ITEM NO.: A (Cont.) FILE NO.: LU13-03-01 3 changed in the recent past. This is a stable developed section of Little Rock with both viable residential and non-residential uses. Changes have been made in the tenant composition, but no major expansion or contraction in the area since the 1997 amendment. In 1997, the area across the road at 8315 Cantrell was changed to Office for an office development. Prior to that, it was shown as Residential Low Density, zoned R-2, and was an isolated single family use surrounded by a commercial shopping center and a regional park. The park serves as a transition from the intense commercial “Pavilion in the Park” on the east to the Single Family homes to the west. 8315 Cantrell was supported in 1997 because the large institutional use of the park and reservoir on its’ western border would stop the progression of non-residential uses to the west. However, the north side of the road does not have a large public park, institutional use or similar development as the Park on the south side to halt the progression of commercialization to the west. The Commercial developments and residential developments along the north side of Cantrell have been in place for decades. NEIGHBORHOOD COMMENTS: Notices were sent to the Robinwood neighborhood association. STAFF RECOMMENDATIONS: Staff believes the change is not appropriate. PLANNING COMMISSION ACTION: (JANUARY 10, 2013) This item was placed on the consent agenda for deferral to the February 21, 2013 agenda and was deferred with a vote of 9 ayes, 0 nays, 1 absent and 1 open position. PLANNING COMMISSION ACTION: (FEBRUARY 21, 2013) This item was placed on the consent agenda for deferral to the April 4, 2013 agenda and was deferred with a vote of 9 ayes, 0 nays, 1 absent and 1 open position. February 21, 2013 ITEM NO.: A.1 FILE NO.: Z-8829 Owner: Heights Real Estate Company and 65th Street Center, Inc. Applicant: Lewis Bunch and Jeff Yates Location: 8220 – 8300 Cantrell Road Area: 3.62 Acres Request: Rezone from R-2 to C-3 Purpose: Expansion of the adjacent Cantrell Heights Shopping Center Existing Use: Single family residential SURROUNDING LAND USE AND ZONING North – Undeveloped property (same ownership) and single family residences; zoned R-2 South – Office development and Reservoir Park; zoned POD and PR East – Mixed commercial, office and residential development; zoned C-3, MF-18, O-2 and PRD West – Single family residences; zoned R-2 A. PUBLIC WORKS COMMENTS: 1. Cantrell Road is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to 55 feet from centerline will be required. B. PUBLIC TRANSPORTATION ELEMENT: The site is located on CATA bus route #25 (Highway 10 Express Route). February 21, 2013 ITEM NO.: A.1 (Cont.) FILE NO.: Z-8829 2 C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site and the Robinwood Property Owners Association were notified of the public hearing. Staff could find no contact information for the Andover Square Neighborhood Association. D. LAND USE ELEMENT: This request is located in the West Little Rock Planning District. The Land Use Plan shows Residential Low Density (RL) for this property. Residential Low Density is for single-family homes at densities no greater than six dwelling units per acre. The applicant has applied for a rezoning from R-2 (Single-Family Residential) to C-3 (General Commercial District) to allow for the development of retail uses on this site. There is a related item on the agenda to change the Land Use Plan to Commercial. Master Street Plan: Cantrell Road is shown as a Principal Arterial on the Master Street Plan. A Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Cantrell Road. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes shown in the immediate vicinity. E. STAFF ANALYSIS: Heights Real Estate Company and 65th Street Center, Inc., owners of the 3.62 acre property located at 8220 – 8300 Cantrell Road, are requesting to rezone the property from “R-2” Single Family District to “C-3” General Commercial District. The property is located on the north side of Cantrell Road, west of Andover Court. The rezoning is proposed in order to allow expansion of the existing Cantrell Heights Shopping Center to the east. The overall ownership is comprised of 5.653 acres, but the applicant is requesting rezoning of just the south 3.62 acres. The overall property has approximately 470 feet of frontage along Cantrell Road. The property is currently comprised of three (3) single family residences within the west 360 feet of the property. The east 100 feet of the property is undeveloped. The areas to the north and west are zoned R-2 and contain single family February 21, 2013 ITEM NO.: A.1 (Cont.) FILE NO.: Z-8829 3 residences. An office development and the entry to Reservoir Park are located across Cantrell Road to the south. The reservoir is located to the southwest. A mixture of residential (multi-family), office and commercial uses and zoning is located to the east and southeast. The City’s Future Land Use Plan designates this property as Residential Low Density. A proposed Land Use Plan Amendment to Commercial is a separate item on this agenda. Staff does not support the requested C-3 rezoning. Staff feels that commercial zoning is not appropriate for the subject property. A west boundary line for the commercial zoning and development was established a number of years ago. The POD development across Cantrell Road to the south was an in- fill/transitional development between the commercial zoning and the reservoir. The current C-3 proposal would eliminate three (3) existing single family homes along the north side of Cantrell Road, extending the current commercial zoning strip. Staff believes that eliminating any of the single family homes along the north side of Cantrell Road, west of the existing commercial zoning line would be detrimental and have an adverse impact on the adjacent single family properties and the general area. F. STAFF RECOMMENDATION: Staff recommends denial of the requested C-3 rezoning. PLANNING COMMISSION ACTION: (JANUARY 10, 2013) Staff informed the Commission that on January 3, 2013, the applicant requested deferral of this application to the February 21, 2013 agenda to allow additional time to meet with the surrounding property owners. Staff supported the deferral request. The item was placed on the consent agenda and deferred to the February 21, 2013 agenda with a vote of 9 ayes, 0 nays, 1 absent and 1 open position. PLANNING COMMISSION ACTION: (FEBRUARY 21, 2013) Staff informed the Commission that on February 14, 2013, the applicant requested deferral of this application to the April 4, 2013 agenda. Staff supported the deferral request. The item was placed on the consent agenda and deferred to the April 4, 2013 agenda with a vote of 9 ayes, 0 nays, 1 absent and 1 open position. February 21, 2013 ITEM NO.: B FILE NO.: Z-3836-G NAME: Christ The King Catholic Church – Conditional Use Permit LOCATION: 4000 N. Rodney Parham Road OWNER/APPLICANT: Roman Catholic Diocese of Little Rock/Crafton Tull PROPOSAL: A revision to the previously approved CUP is requested to allow proposed additions to this existing church – private school campus; including a new family life center, a new office building, a columbarium and new parking. The 12+ acre campus is zoned R-2. 1. SITE LOCATION: The campus is located on the west side of N. Rodney Parham Road, just south of Cantrell Road. 2. COMPATIBILITY WITH NEIGHBORHOOD: The church and school have existed at this site for many years. No expansion of the school is proposed. The property is surrounded by office and institutional uses. The proposed columbarium is to be located in the center of the campus. Allowing the addition of an office building, family life center and columbarium to this existing church campus should not affect its compatibility with the neighborhood. Notice of the public hearing was sent to all owners of properties located within 200 feet of the site and the Pleasant Valley and Pleasant Forest Neighborhood Associations. 3. ON SITE DRIVES AND PARKING: The site currently contains 346 parking spaces with access off of Woodland Heights, Rodney Parham and adjacent property. Following project completion, there will be 331 on-site spaces. The church has an additional 150 spaces on office property adjacent to the south and an agreement to use 100 spaces on another nearby office property. The church’s sanctuary has seating for 880 persons, requiring 220 parking spaces. The K- 8th grade school has an enrollment of 750 students. No changes are proposed in either the sanctuary seating or school enrollment. The proposed parking arrangement appears to be sufficient. February 21, 2013 ITEM NO.: B (Cont.) FILE NO.: Z-3836-G 2 The applicant submitted a plan indicating the drop-off/pick-up area for the school. Public Works staff is satisfied with the plan. 4. SCREENING AND BUFFERS: Site plan must comply with the City’s landscape and buffer ordinance requirements. The zoning buffer ordinance requires an average thirty-two foot (32’) wide street buffer along Rodney Parham Road and is in no case to be less than half or sixteen foot (16’). The new driveway and proposed parking lots appear to be encroaching within this minimal area. The landscape ordinance requires a nine foot (9’) wide perimeter landscape strip around the sites entirety. Interior islands must be three hundred square foot in area (300) to qualify when there are one hundred and fifty (150) parking spaces or more; only one new island appears to be deficient. An automatic irrigation system to water landscaped area will be required. Prior to a building permit being issued, it will be necessary to provide an approved landscape plan stamped with the seal of a Registered Landscape Architect. 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. 5. PUBLIC WORKS COMMENTS: 1. A twenty (20) foot radial dedication of right-of-way is required at the intersection of Woodland Heights Road. 2. At time of building permit, handicap ramp is required to be installed towards the north across Woodland Heights Road and Woodland Heights Road in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. 3. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. 4. No vehicle backing into the middle driveway off Rodney Parham Road. February 21, 2013 ITEM NO.: B (Cont.) FILE NO.: Z-3836-G 3 5. If disturbed area is one or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 6. At time of building permit, on site striping and signage plans should be forwarded to Public Works, Traffic Engineering for approval with the site development package. 7. At time of building permit, repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. Entergy: No comment received. Centerpoint Energy: No comment received. AT&T (SBC): No comment received. Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer’s expense. Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. Contact Central Arkansas Water regarding the size and location of the water meter. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expenses of the developer. February 21, 2013 ITEM NO.: B (Cont.) FILE NO.: Z-3836-G 4 Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to a CAW’s Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. The facilities on-site will be private. When meters are planned off private lines, private facilities shall be installed to Central Arkansas Water’s material and construction specifications and installation will be inspected by an engineer, licensed to practice in the State of Arkansas. Execution of Customer Owned Line Agreement is required. Fire Department: Fire hydrants (per Code). Maintain access of at least twenty (20) feet. County Planning: No Comments. CATA: This site is not located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (DECEMBER 20, 2012) The applicants were present. The applicant was asked to provide a signage plan, the seating capacity of the church’s main worship area, the total number of on-site parking spaces (existing now and after the project), enrollment number and number of classrooms by grade for the school and the total number of school employees. The applicant was asked to locate the dumpster(s) and screening. Staff asked the applicant to locate the drop-off /pick-up areas and vehicle stacking areas for the school. Staff asked what the plans were for the existing family life center building, after construction of the new FLC. Staff noted variances would be needed for the height of the FLC building and the street buffer along Rodney Parham Road. Public Works, Utility, Fire Department and Landscape Comments were noted and discussed. Staff expressed concern about a few of the parking spaces indicated as backing into the driveway in front of the sanctuary. Staff and the applicant both indicated they would look more into that issue. It was noted that the zoning street buffer along Rodney Parham would fall below the minimum of February 21, 2013 ITEM NO.: B (Cont.) FILE NO.: Z-3836-G 5 16 feet, due in part to the right-of-way dedication. Staff stated there needed to be at least 9 feet to comply with minimum landscape requirements. The applicant was advised to submit responses to staff issues by December 26, 2012. The Committee determined there were no other issues and forwarded the item to the full Commission. STAFF ANALYSIS: Christ the King Church occupies the 12+ acre, R-2 zoned property located at 4000 N. Rodney Parham. In addition to the church, the campus contains a K-8th grade school. The church also owns and occupies the O-3 zoned office buildings adjacent to the south. The church is requesting approval of a conditional use permit to allow for the addition of a new family life center building, a small office building, a columbarium and new parking. All improvements will be located within the existing church campus. The family life center will be a 15,308 square foot building connecting to the south side of the sanctuary building, over an existing parking lot. The building will be 44’1” tall at its highest point and will have a stucco finish with a low band of masonry. The roof will be concrete tiles. The FLC will serve as dining, reception and meeting space. The office building will be located behind the sanctuary building, between the sanctuary and a school building. An existing metal building will be removed to make way for the new office building. The office building will be a 5,626 square foot, one-story building with a stucco finish and standing seam metal roof. The columbarium will be located in the middle of the campus and will be surrounded by church buildings. It will contain 621 niches in the first phase and will be expanded by an additional 176 niches in the future. To replace the spaces lost by construction of the new family life center building, a new, 32 space parking lot will be built in front of the sanctuary building. The applicant submitted responses addressing the issues raised at the December 20, 2012 Subdivision Committee meeting. A revised site plan corresponding to those responses was also submitted. There is no bill of assurance for this acreage tract. Existing site signage will be relocated or replaced. Any new signage will comply with that allowed in office and institutional zones. The existing dumpster area located at the rear of the campus will be enclosed with screening to comply with code. The existing family life center building will be converted to three church meeting rooms, a storage room, February 21, 2013 ITEM NO.: B (Cont.) FILE NO.: Z-3836-G 6 offices, restroom expansion and expansion of the school cafeteria. The remainder of the building will continue to house the nursery and pre-school spaces with no changes. The church bookstore will be relocated from the existing FLC to the new building. The applicant responded to Public Works Comments. The required right-of-way dedication for Rodney Parham and the radius at Woodland Heights Road is indicated as is the handicap ramp at the Woodland Heights corner. The new parking lot has been modified to eliminate parking backing into the driveway. Stormwater detention will be provided in underground pipes, installed with construction of the new parking lot. The drop-off/pick-up area for the school has been shown and approved by staff. There are two variances associated with the project. The new family life center building is 44’1” tall at its highest point, slightly higher than the 35 foot height allowed in R-2. Staff is supportive of the variance. Most of the building has a height less than 35 feet. A center element exceeds that height. The building height is not out of character with the area which includes several multi-story buildings. The street buffer along Rodney Parham is less than the minimum ordinance requirement of 16 feet in a small area where the driveway is located in front of the new FLC building. The minimum requirement of the landscape ordinance is 9 feet. The plan indicates 9 feet of on-site landscaped area with an additional 5 feet of green space that will be dedicated as right-of-way. Staff is supportive of the request. To staff’s knowledge, there are no outstanding issues. STAFF RECOMMENDATION: Staff recommends approval of the request CUP subject to compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. Staff recommends approval of the requested building height and street buffer variances, as requested. STAFF REPORT: On December 28, 2012, the applicant requested deferral of this item to allow for possible revisions to the plan. Staff supports a deferral to the February 21, 2013 Agenda. February 21, 2013 ITEM NO.: B (Cont.) FILE NO.: Z-3836-G 7 PLANNING COMMISSION ACTION: (JANUARY 10, 2013) The applicant was not present. There were no objectors present. Staff informed the commission that, on December 28, 2012, the applicant had requested deferral of the item to allow for possible revisions to the plan. There was no further discussion. The item was placed on the consent agenda and approved for deferral to the February 21, 2013 agenda. The vote was 9 ayes, 0 noes, 1 absent and 1 open position. PLANNING COMMISSION ACTION: (FEBRUARY 21, 2013) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation” above. There was no further discussion. The item was placed on the consent agenda and approved by a vote of 9 ayes, 0 noes, 1 absent and 1 open position. February 21, 2013 ITEM NO.: 1 FILE NO.: Z-4746-D Owner: Little Rock Funeral Home Applicant: Tim Daters, White-Daters and Associates Location: West end of Knoedl Court (Lot 1 [unrecorded], Knoedl Addition) Area: 1.17 Acres Request: Rezone from O-3 with conditions to O-3 with amended conditions Purpose: To construct new parking lot for Little Rock Funeral Home Existing Use: Undeveloped SURROUNDING LAND USE AND ZONING North – Single family residences; zoned R-2 South – Compounding lab; zoned O-3 East – Funeral home and clinic; zoned O-3 West – Single family residences; zoned R-2 A. PUBLIC WORKS COMMENTS: 1. A grading permit in accordance with section 29-186(c) & (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 2. At the time of building permit, storm water detention ordinance applies to this property. 3. At time of building permit, driveway locations and widths must meet the traffic access and circulation requirements of Section 30-43 and 31-210. February 21, 2013 ITEM NO.: 1 (Cont.) FILE NO.: Z-4746-D 2 B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a CATA bus route. C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site, and the Pennbrook/Cloverhill Neighborhood Association were notified of the public hearing. D. LAND USE ELEMENT: This request is located in the I-430 Planning District. The Land Use Plan shows Office (O) for this property. The Office category includes services provided directly to consumers (e.g. legal, finance, medical) as well as general offices which support more basic economic activities. The applicant has applied for a rezoning from O-3 (General Office District) to O-3 (General Office District) to change the conditions on the current office zoning. The applicant wishes to construct a parking lot for an adjacent funeral home. Master Street Plan: Knoedl Court is a Local Street on the Master Street Plan. The primary function of a Local Street is to provide access to adjacent properties. Local Streets that are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. A Collector design standard is used for Commercial Streets. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes shown in the immediate vicinity. E. STAFF ANALYSIS: Little Rock Funeral Home, owner of the 1.17 acre property located at the west end of Knoedl Court, is requesting to rezone the property from “O-3” General Office District with conditions to O-3 with amended conditions. The property is the unrecorded Lot 1, Knoedl Addition. The rezoning is proposed to allow construction of a new parking lot to serve the Little Rock Funeral Home across Knoedl Court to the east. February 21, 2013 ITEM NO.: 1 (Cont.) FILE NO.: Z-4746-D 3 On August 7, 1990, Ordinance No. 15,909 was approved, rezoning this property to O-3 with the following conditions: 1. That the building heights on Lots 1 and 2, Knoedl Park Addition, be restricted to two stories and to two or three stories on Lots 3 and 4 Knoedl Park Addition, with the larger of Lots 3 and 4 having the three story building. 2. That a forty (40) foot undisturbed buffer be provided adjacent to the west and north property lines. Along the north property line, the forty (40) foot buffer is reduced to twenty-five (25) feet within the street right-of-way. 3. That an eight (8) foot wooden opaque screening fence be provided along the west and north property lines. The property owner proposes to amend the above noted condition 2. as follows: A 30 foot wide land use buffer will be provided along the west property line and a 20 foot wide land use buffer will be provided along the north property line, less and except the street right-of-way. The property is currently undeveloped and covered with brush and trees. The property slopes downward from east to west. Due to a recent ice storm Entergy cleared a path from Knoedl Court to and along the north property line to service existing power lines. The Little Rock Funeral Home and a medical surgery center are located to the east across Knoedl Court, with a drug compounding lab to the south. Single family residences are located to the north and west. A middle school campus is located across Barrow Road further east, with mixed uses and zoning across I- 630 further to the south. The City’s Future Land Use Plan designates this property as Office. The proposed rezoning to O-3 with amended conditions does not require a change to the future plan. Staff is supportive of the requested rezoning with amended conditions. Staff views the request as reasonable. The ordinance would typically require a 10 foot wide land use buffer along the north property line and a 19.5 foot land use buffer along the west property line. The applicant is proposing a 20-foot land use buffer along the north property line and a 30 foot land use buffer along the west property line. Due to the fact that Entergy has disturbed some of the buffer area February 21, 2013 ITEM NO.: 1 (Cont.) FILE NO.: Z-4746-D 4 along the north property line, staff can support changing the buffers from undisturbed to land use buffers. At least 70 percent of a land use buffer must remain undisturbed. That portion of the buffers that Entergy disturbed must be re-planted. Staff believes the requested amendment to the conditions will have no adverse impact on the adjacent properties or the general area. The proposed land use buffers along the north and west property lines are 1.5 to two (2) times wider than would typically be required by ordinance. F. STAFF RECOMMENDATION: Staff recommends approval of the requested O-3 rezoning, subject to the following amended conditions: 1. A minimum 30 foot wide land use buffer shall be provided along the west property line and a minimum 20 foot wide land use buffer shall be provided along the north property line. 2. Any portion of the above described land use buffers which has been disturbed or is disturbed in the future must be re-planted to meet ordinance standards. 3. All other conditions as required by Ordinance No. 15,909 shall remain in full force and effect. PLANNING COMMISSION ACTION: (FEBRUARY 21, 2013) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff. The vote was 9 ayes, 0 noes, 1 absent and 1 open position. February 21, 2013 ITEM NO.: 2 FILE NO.: Z-7683-A Owner: Xiang Xu Lin and Jin Shu Lin Applicant: Eddie Greer Location: 3316 West 12th Street Area: Approximately 0.22 Acre Request: Rezone from R-3 to R-5 Purpose: Recognize existing structure as a triplex Existing Use: Single family structure recently converted to a triplex. SURROUNDING LAND USE AND ZONING North – Single family residences; zoned R-3 South – Church and vacant lots; zoned R-3 East – Five (5) unit apartment building and single family structures; zoned R-5 and R-3 West – Single family and two-family structures; zoned R-5 an R-3 A. PUBLIC WORKS COMMENTS: 1. West 12th Street is classified on the Master Street Plan as a minor arterial with a special design standard. A dedication of right-of-way 35 feet from centerline will be required. The existing right-of-way width was not provided. B. PUBLIC TRANSPORTATION ELEMENT: The site is located on CATA bus route #3 (Baptist Medical Center Route). C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site and the Pine to Woodrow and Stephens Area Faith Neighborhood Associations were notified of the public hearing. February 21, 2013 ITEM NO.: 2 (Cont.) FILE NO.: Z-7683-A 2 D. LAND USE ELEMENT: This request is located in the I-630 Planning District. The Land Use Plan shows Mixed Office (MX) for this property. This category provides for a mixture of residential, office and commercial uses to occur. A Planned Zoning District is required if the use is entirely office or commercial or if the use is a mixture of the three. The applicant has applied for a rezoning from R-3 (Single Family District) to R-5 (Urban Residential District) to recognize an existing triplex. Master Street Plan: 12th Street is a Minor Arterial on the Master Street Plan. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on 12th Street since it is a Minor Arterial. This street may require dedication of right-of- way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class II Bike Lanes are shown along 12th Street. Bike Lanes provide a portion of the pavement for the sole use of bicycles. E. STAFF ANALYSIS: Xiang Xu Lin and Jin Shu Lin, owners of the 0.22 acre property at 3316 West 12th Street, are requesting to rezone the property from “R-3” Single Family District to “R-5” Urban Residence District. The property is located on the north side of West 12th Street, between Brown and Valmar Streets. The rezoning is proposed to allow/recognize the past conversion of the single family structure to a triplex. The property is occupied by a one-story brick and frame residential structure. A small frame garage is located at the northeast corner of the structure. A concrete driveway from West 12th Street is located at the southeast corner of the lot. The driveway, with varying widths, extends along the east side of the residence to the garage in the rear yard. Parking for four (4) to six (6) vehicles exists along the driveway. The property is located in an area of mixed uses and zoning along the West 12th Street corridor. The properties immediately east and west are zoned R-5 and contain a five (5) unit apartment building, single family and two-family structures. R-4, R-5, O-3, POD, C-3 and PD-C zoned properties are located further east and west along West 12th Street. A church facility is located across West 12th Street to the south, with single family residences to the north. February 21, 2013 ITEM NO.: 2 (Cont.) FILE NO.: Z-7683-A 3 The City’s Future Land Use Plan designates this property as Mixed Use. The proposed R-5 zoning does not require a change to the Future Plan. Staff is supportive of the requested R-5 rezoning. Staff views the request as reasonable. The property is located in an area designated as Mixed Use by the City’s Future Land Use Plan and along an arterial roadway. The Mixed Use category could also allow the property to be rezoned for office and/or commercial use(s). The site is also located along a CATA bus route; with adjacent R-5 zoned property to the east and west. The applicant must meet with the City’s Building Codes officials (within 30 days of final ordinance approval) to assure that all appropriate permits and inspections are obtained and that each unit conforms with Sections 8-406 (a) and (b) of the City’s Buildings and Building Regulations Ordinance with respect to minimum area per dwelling unit and bedroom. Otherwise, staff believes the rezoning of this property to R-5 to allow a triplex will have no adverse impact on the adjacent properties or the general area. Based on the R-5 regulations three (3) dwelling units will be maximum that can be placed on this property. F. STAFF RECOMMENDATION: Staff recommends approval of the requested R-5 rezoning. PLANNING COMMISSION ACTION: (FEBRUARY 21, 2013) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff. The vote was 9 ayes, 0 noes, 1 absent and 1 open position. February 21, 2013 ITEM NO.: 3 FILE NO.: Z-8837 NAME: 314 East 6th Street Food Store under 5,000 square feet with sales of beer or wine – Conditional Use Permit LOCATION: 314 East 6th Street OWNER/APPLICANT: Samirah Alwazir/Ibrahim Elsaid PROPOSAL: A conditional use permit is requested to allow a food store under 5,000 square feet with sales of beer or wine to occupy the existing 1,500 square foot building on this UU zoned property. 1. SITE LOCATION: The site is located on the north side of East 6th Street, between Rock and Cumberland Streets. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an area of mixed uses. Since the specific issue at question is the off-premises sale of beer or wine, staff looked at the number of existing alcohol sales outlets in the immediate area. There appear to be 11 on-premises sales (restaurants), 2 private clubs and 1 off-premises sales businesses within 1,500 feet of the site. Just beyond the 1,500 feet, within the area bounded by Main Street, I-630, I-30 and The River, there are three (3) other off-premises sales businesses; a liquor store at 10th and Main and two (2) convenience stores with gas pumps at 9th and I-30. Residential uses are located one-half (1/2) block to the east and across 6th Street to the south. Notice of the public hearing was sent to all owners of properties located within 200 feet of the site and the Downtown and MacArthur Park Neighborhood Associations. 3. ON SITE DRIVES AND PARKING: There is no on-site parking. The property is located in the UU Urban Use zoning district which has no parking requirement. February 21, 2013 ITEM NO.: 3 (Cont.) FILE NO.: Z-8837 2 4. SCREENING AND BUFFERS: If the remodeling costs exceed 50% of the structure’s current replacement value, compliance with the standards of the UU Urban Use zoning district is required. 5. PUBLIC WORKS COMMENTS: 1. Obtain a franchise agreement from Public Works (Bennie Nicolo, 371-4818) for the private improvements (awning and steps) located in the right-of-way. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. Entergy: No comment received. Centerpoint Energy: No comment received. AT&T (SBC): No comment received. Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water regarding the size and location of the water meter. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. Contact Central Arkansas Water if additional fire protection or metered water service is required. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer’s expense. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be February 21, 2013 ITEM NO.: 3 (Cont.) FILE NO.: Z-8837 3 completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW’s Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Approved as submitted. County Planning: No Comments. CATA: The site is located on a CATA bus route and is one block from the CATA Travel Center. SUBDIVISION COMMITTEE COMMENT: (JANUARY 31, 2013) The applicant’s representative was present. Staff presented the item and noted no additional information was needed. Staff noted the applicant had installed signage without a permit. Staff noted the site was located in the MacArthur Park Historic District and signage had to be approved by the Historic District Commission. Staff informed the Committee that the item was on the Historic District Commission’s February 11, 2013 agenda and the results of that meeting would be forwarded to the Planning Commission. Staff informed the Committee that a list of establishments within 1,500 feet which sell alcohol, both for on-premises consumption and carry-out sales, would be included in the Commission’s agenda. Public Works, Utility and Landscape Comments were noted. The Committee determined there were no other issues and forwarded the item to the full Commission. STAFF ANALYSIS: A one-story, 1,500 square foot commercial building occupies the UU zoned property located at 314 East 6th Street. The building occupies the entirety of the 25 X 60 lot. The building was formerly occupied by the Lucky 7 Deli. The applicant is remodeling the building for occupancy as Downtown Deli and Grocery. A conditional use permit is requested to allow beer sales. A CUP is required for a “food store under 5,000 square feet with sales of beer or wine” in the UU district (Ordinance No. 20,568, adopted April 13, 2012). The food store is proposed to operate 7:00 a.m. to midnight, Sunday through Thursday and 7:00 a.m. to 2:00 a.m., Friday and Saturday. February 21, 2013 ITEM NO.: 3 (Cont.) FILE NO.: Z-8837 4 Staff reviewed this proposal and took into consideration the uses in the surrounding neighborhood. Since a neighborhood is referenced elsewhere in the Code as the area within 1,500 feet of the site, staff looked specifically for any sites within that area which have an approved State Alcohol Beverage Control (ABC) permit. Additionally, staff looked at the proximity of the site to residential properties. Residential uses are located ½ block both to the south and east of this site. The following ABC on and off premise permits are located within 1,500 feet of the site: Address Permit Use 402 Louisiana On premises U S Pizza 406 Louisiana On premises Cotija’s Mexican Grill 412 Louisiana Private club Club Sway 414 Louisiana On premises Sports Page 315 Main On premises Montego Café 601 Main On premises Repertory Theater 405 East 3rd Street Off premises Dugan’s Market 315 East Capitol Private club American Legion Post 205 West Capitol On premises Hanaroo Sushi Bar 211 West Capitol On premises Downtown Music Hall 320 Commerce On premises Hampton Inn 501 East 9th Street On premises Arts Center Just beyond the 1,500 feet, within the area bounded by Main Street, I-630, I-30 and The River, there are three (3) other off-premises sales businesses; a liquor store at 10th and Main and two (2) convenience stores with gas pumps at 9th and I-30. Residential uses are located one-half (1/2) block to the east and across 6th Street to the south. As staff informed the Subdivision Committee, the applicant has placed signage on the site without approval from the Historic District Commission and without permits. A 4’ X 8’ wall sign has been placed on both the east and west facades of the building. Neither side has direct street frontage. Section 36-557. (a) states “all on-premises wall signs must face required street frontage”. A 5’ X 10’ sign has been placed on the front façade on a mansard. The sign exceeds the allowable 10% coverage of the façade as allowed by Section 36-553. (2) (a). An existing pole-type, ground mounted sign next to the building has been refurbished. Section 36-342 (c) (11) states ground mounted signs are discouraged in the UU zoning district and are permitted only as a variance. The Historic District Commission does regulate signage in the District and makes a determination as to whether signage is appropriate based on the age and type of building. February 21, 2013 ITEM NO.: 3 (Cont.) FILE NO.: Z-8837 5 STAFF RECOMMENDATION: The Historic District Commission was scheduled to review signage for the site at its February 11, 2013 meeting. The applicant failed to send the required notices for that meeting in a timely manner. The Commission voted to defer the item to its March 11, 2013 meeting. In so much as the signage on this site is such an integral part of the proposal, staff does not believe it is appropriate to move forward with the CUP application until the Historic District Commission has rendered a decision on the signage. Staff recommends that the CUP application be deferred to the April 4, 2013 agenda. PLANNING COMMISSION ACTION: (FEBRUARY 21, 2013) The applicant was not present . There was one objector present. Staff recommended deferral of the item as noted in the “staff recommendation” above. There was no further discussion. The item was placed on the consent agenda and deferred to the April 4, 2013 meeting by a vote of 9 ayes, 0 noes, 1 absent and 1 open position. C] OC 0 C.7 W w W C] Z 0 i17 0 U CD J d �I m 0 I z ry I N= 1 v a 0 Q cm cu ►y r h w cry U w [r_ Q u:r m �L L-U co m w i L1J fa �-i W ` Cl)C' 'v 4 J J W ``� t17 < of m Z Q F- [~/) = W mm�UCfu 0 < � �L.0 cry ) 0 1t1 m LLJ a cn C) o� U-� a J--�, (D J LLJ Q 0.. N= 1 v a 0 Q cm cu ►y r h w cry U w [r_ Q u:r m �L L-U co m w i L1J W mm�UCfu 0 < � �L.0 cry ) 0 1t1 m v'1 ��y�ti� a J--�, (D J w Q 0.. N= 1 v a 0 Q cm cu ►y r h w cry U w [r_ Q u:r m �L L-U co m w i L1J February 21, 2013 There being no further business before the Commission, the meeting was adjourned at 4:03 p.m. Date