The URL can be used to link to this page

pc_04 04 2013 LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING MINUTE RECORD APRIL 4, 2013 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present being ten (10) in number. II. Members Present: Tom Brock Alan Bubbus William Changose Janet Dillon J. T. Ferstl Rebecca Finney Keith Fountain Obray Nunnley, Jr. Amy Pierce Bill Rector Members Absent: Open Position City Attorney: Cindy Dawson III. Approval of the Minutes of the February 21, 2013 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING APRIL 4, 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-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 II. NEW BUSINESS: Item Number: File Number: Title: 1. LU13-18-02 A Future Land Use Plan Amendment in the Ellis Mountain Planning District North of Lawson Road East of Hugh Taylor Road from Residential Low Density and Light Industrial to Mining. 1.1 Z-8846 Rezoning from R-2 to M North of Lawson Road, East of Hugh Taylor Road 2. Z-8845 Hubbard Day Care Family Home – Special Use Permit 7315 Grace Drive 3. G-23-436 “Z” Street Right-of-Way Abandonment Between Pierce and Fillmore Streets Agenda, Page Two II. NEW BUSINESS: (CONTINUED) Item Number: File Number: Title: 4. Z-3766-B Asbury United Methodist Church Columbarium – Revised Conditional Use Permit 1700 Napa Valley 5. G-25-212 19th Street Name Change to Annie M. Abrams Avenue 19th Street; from Spring Street to Rice Street 6. LU13-01 Land Use Plan Amendment South of I-30, West of I-530 and North of the County Line from Residential Low Density, Residential High Density, Office Commercial, Mixed Use, Mixed Commercial Industrial, Light Industrial, Industrial and Mining to Residential Low Density, Residential High Density, Commercial, Mixed Use, Service Trades District, Light Industrial, Industrial and Public Institutional. 7. LA-0050 Glen Ridge Crossings II – Advanced Grading Request West side of Colonel Glenn Plaza Loop April 4, 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. April 4, 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 April 4, 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. April 4, 2013 ITEM NO.: A (Cont.) FILE NO.: LU13-03-01 4 STAFF UPDATE: The applicant has made revisions to the proposed Land Use Plan Amendment and Rezoning requests. The revisions, along with revised sketches and staff recommendations will be presented at the April 4, 2013 public hearing. PLANNING COMMISSION ACTION: (APRIL 4, 2013) Monte Moore made a brief presentation along with the zoning application presentation. See file Z-8889 for more details. Jeff Yates made a presentation and focused on infill and redevelopment of mid-city areas. Scott Christie spoke in opposition to the both applications. Jennifer Kidel, from Robinwood NA, was opposed to the both items. Her P.O.A. voted to oppose the action in a neighborhood association meeting. She spoke of 35,000 s.f. of rental space that is open in the area, 19,000 if you did not count the existing shopping center. Don Hamilton spoke in opposition to both applications. Allen Snook spoke against the application and stated that he purchased his property based on the existing zoning patterns. Ruth Bell of the League of Women Voters, was concerned with the application that takes residential and attaches it to the commercial. She is worried about commercial creep to the west and stripping out Cantrell Road. Jeff Yates spoke that he wanted to match the south side of the street that has already been changed to non-residential. He said that the times and changed and that conditions had changed. Ernie Peters, traffic engineer, spoke of the traffic plan and moderate changes to the traffic that the new commercial area would have on the existing traffic. A motion was made to approve the changes to the land Use Plan and the motion passed with a vote of 6 ayes, 3 noes, 1 abstention and one open position. April 4, 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). April 4, 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 April 4, 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. April 4, 2013 ITEM NO.: A.1 (Cont.) FILE NO.: Z-8829 4 STAFF UPDATE: The applicant has made revisions to the proposed Land Use Plan Amendment and Rezoning requests. The revisions, along with revised sketches and staff recommendations will be presented at the April 4, 2013 public hearing. PLANNING COMMISSION ACTION: (APRIL 4, 2013) Jeff Yates, Lewis Bunch and Ernie Peters were present, representing the application. There were a number of persons present in opposition. Staff presented the revised application to the Commission with a recommendation of denial. Staff explained that the application had been revised as follows: • The area of proposed C-3 zoning had been reduced from 3.62 acres to 2.53 acres. • The balance of the 3.62 acres was proposed to be zoned “OS” Open Space. Staff noted that the applicant had placed the following conditions on the property: On-site: • Agree to deed-restrict, prohibiting development, all the land not zoned commercial. • Double the number of plantings over required in the west-side landscape buffer. • Direct site lighting downward and inward unless otherwise required by City. • Paint or use building materials colored to blend with the foliage and vegetation. Off-site: • Extend the bi-directional turn lane of Highway Ten to serve the site and Reservoir Park. • Limit western-most entry-drive to right-in and right-out only. • Demolish liquor store to accommodate changes to drives and traffic-signal access. • Reconfigure the north leg of the intersection of Highway Ten and Andover Court. Jeff Yates addressed the Commission in support of the application. He explained the rezoning request as revised. He noted that he had met with the neighboring property owners and explained that the revisions were made to address the concerns of the neighbors. He explained that the project was an in-fill development and referred to past zoning developments in Little Rock. April 4, 2013 ITEM NO.: A.1 (Cont.) FILE NO.: Z-8829 5 Scott Christie, of the Ridge POA, addressed the Commission in opposition. He made a power-point presentation to the Commission. He expressed concerns related to unwanted commercial encroachment, crime, property values, drainage and traffic. He explained that some of the C-3 permitted uses were objectionable. Jennifer Kidd, of the Robinwood POA, also spoke in opposition. She concurred with the concerns raised by Mr. Christie. She noted that the POA unanimously opposed the rezoning request and presented a petition to the Commission. She explained that there was more than 35,000 square feet of available commercial space in the general area along Cantrell Road. Don Hamilton also addressed the Commission in opposition. He explained that the proposal represented a “strip zoning” situation. He explained that a previous zoning attempt for a portion of the subject property was denied by the Commission and City Board in 1976. He expressed concerns with traffic and noise pollution. Allan Snook also spoke in opposition. He noted that the proposed C-3 zoning is unwanted and unneeded. He explained that three (3) neighborhood’s opposed the rezoning. He noted traffic as a main concern. Ruth Bell also spoke in opposition. She expressed concerns with the proposed extension of the C-3 commercial strip. Mr. Yates presented photos and crime reports to the Commission. He explained that times had changed with respect to commercial development. He noted that the number of driveways on the property will be reduced from their present number. He further explained the OS portion of the request. He explained that the proposed rezoning would not have an adverse impact on the surrounding properties. He discussed the proposed conditions to be placed on the property. Lewis Bunch addressed the Commission in support of the application. He explained that he had upgraded other commercial properties in Little Rock. He explained past improvements to the existing Cantrell Heights commercial development. Ernie Peters also spoke in support. He reviewed the traffic study for the proposed development. He explained that the proposed development would not generate a large amount of additional traffic. Commissioner Bubbas questioned the future plan for the three (3) houses located within the subject property. This issue was briefly discussed. Reducing the size of the proposed C-3 area was briefly discussed. April 4, 2013 ITEM NO.: A.1 (Cont.) FILE NO.: Z-8829 6 Commissioner Pierce asked about the proposed use of the property. Mr. Yates explained that the expansion of the existing shopping center would be for C-3 permitted uses. Issues of drainage and cost of the commercial project were briefly discussed. Commissioner Finney asked to have the staff recommendation read. Commissioner Nunnley asked staff to expand on the recommendation. Tony Bozynski, Director of Planning and Development explained staff’s opposition to removing well-established single family residences to extend commercial zoning strips. Commissioner Ferstl asked why the applicant did not eliminate certain C-3 permitted uses from the application. Mr. Yates explained that he had no idea that certain C-3 uses would be objectionable. This issue was briefly discussed. There was a motion to approve the application as revised by the applicant, including conditions proposed by the applicant. The motion passed by a vote of 6 ayes, 3 nays, 1 abstention (Fountain) and 1 open position. The revised application was approved. April 4, 2013 ITEM NO.: B 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. April 4, 2013 ITEM NO.: B (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 April 4, 2013 ITEM NO.: B (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. April 4, 2013 ITEM NO.: B (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. April 4, 2013 ITEM NO.: B (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. STAFF UPDATE: Prior to the March 11, 2013 Historic District Commission meeting, the applicant revised the signage by removing the wall signs from the east and west facades of the building. The Commission approved the following signage: 1. Mansard sign on the front façade 2. Wall sign on the north (rear) façade 3. Pole/ground sign 4. Incidental signs in vinyl lettering on the front windows that read “Deli Meats”, “hot Food”. “Downtown Deli and Grocery 501-244-9800”. “Grocery” and “Sandwiches”. 5. One “open” sign on front glass and one neon beer sign in the easternmost window if beer sales are approved. The Historic District Commission’s approval of the signage plan is subject to compliance with the following conditions: 1. A building permit must be obtained for any interior remodeling and any exterior improvements. 2. The exterior of the building is to be completely painted. April 4, 2013 ITEM NO.: B (Cont.) FILE NO.: Z-8837 6 3. A sign permit must be obtained for each sign. 4. A franchise permit must be obtained for the awning, the sign on the awning and the ice machine which are all located in the right-of-way. Staff does have concerns about approving the requested conditional use permit to allow off premises beer sales. As was previously noted, the site is in close proximity to residential uses; one-half (1/2) block to the east and across 6th Street to the south. Within the general area of 1,500 feet and just beyond the 1,500 feet are four (4) other off premises alcohol sales outlets including a liquor store, a small food store and two convenience stores with gas pumps. Staff is also concerned about a possible impact on the CATA Transfer Center which is located one block to the north. For these reasons, staff cannot support the proposed food store under 5,000 square feet with sales of beer or wine. STAFF RECOMMENDATION: Staff recommends denial of the requested C.U.P. PLANNING COMMISSION ACTION: (APRIL 4, 2013) The applicant was present. There were several persons present, in opposition and in support. Several letters of opposition had been received by staff and forwarded to the commissioners. Staff presented the item and a recommendation of denial. Mr. Murad Elsaidi, brother of the owner, spoke in support of the application. He said the family had spent a great deal of money rehabilitating a run down building. He said the business would fail without the alcohol sales and the building would return to its run down state. Mr. Elsaidi stated there were at least 12 other businesses in the area that sold beer and he asked the commission not to single him out. Mr. Hassan Elsaidi, father of the owner, stated he was helping his son get started in business and he would not have started down this road if he had known this obstacle would be in the way. Mr. Elsaidi stated the business was making $300.00 - $400.00 per day in sales, with about 25% of that being profit. He said the business needed the beer sales to survive. Kathy Wells, Secretary of the Downtown Neighborhood Association, spoke in opposition. She showed photographs of stores located at 612 and 1423 W, Roosevelt. She stated they were small food stores without beer sales that were apparently doing well. Ms. Wells stated the neighborhood welcomed the April 4, 2013 ITEM NO.: B (Cont.) FILE NO.: Z-8837 7 applicant’s food store, but not the beer sales. She stated the neighborhood had a problem with aggressive panhandlers. She surmised that they were panhandling for beer money. Thad Luther, Chief Operating Office for Central Arkansas Water, spoke in opposition. He made note of the CAW - owned property and offices in the area. He stated CAW already had a problem with loitering and littering on its property. He said the proposed beer sales would exacerbate the problem. Mr. Luther stated CAW welcomed the food store, but not the beer sales. Mike McCurdy, managing Director of the Arkansas Repertory Theatre, spoke in opposition. He stated the Rep owned the 16 unit apartment building directly across 6th Street that was used to house guest artists. Mr. McCurdy said those artists walk the 2 ½ blocks from the apartments to the theatre. He also stated the Rep was not opposed to the food store, just the addition of beer sales. He stated there had been extensive renovation of many properties in the area and some reduction in the number of vagrants. He said he thought the proposed beer sales, combined with the late hours that the store would be open, would have a negative effect on the neighborhood. Jill Judy, of 2000 Arch Street, stated she owned several multifamily units in the area. She said she and others had worked to renovate older buildings. Ms. Judy stated she was concerned about sales of beer in individual containers. She stated she had to deal with problems with transients and littering at her properties. Ms. Judy stated the proposed beer sales would not be good for the downtown neighborhood. Mr. Elsaidi stated he was also concerned about crime. He said there were already stores in the area that sold beer and this proposed store would not add significantly to the area’s problems. Mr. Elsaidi said the State through the ABC had jurisdiction to determine if there were too many alcohol outlets in an area. He said every business was different and not every small food store needed beer sales to survive, but his did. He presented a petition of support signed by 700 persons he said were area residents and customers. In response to a question from a commissioner, Deputy City Attorney Cindy Dawson stated the issue before the commission was a land use issue; whether it was appropriate to allow the small food store with beer sales as a conditional use at this location. Commissioner Pierce stated she had concerns about the hours of operation and beer sales in single containers. April 4, 2013 ITEM NO.: B (Cont.) FILE NO.: Z-8837 8 A motion was made to approve the application, including all staff comments and conditions, except that of denial. The motion failed with a vote of 4 ayes, 5 noes, 1 absent and 1 open position. April 4, 2013 ITEM NO.: 1 FILE NO.: LU13-18-02 Name: Land Use Plan Amendment – Ellis Mountain Planning District Location: East of Hugh Taylor and Lawson Roads Request: Residential Low Density and Light Industrial to Mining Source: Michael Lasiter, Little Rock Quarries PROPOSAL / REQUEST: A Land Use Plan amendment in the Ellis Mountain Planning District is from Residential Low Density and Light Industrial to Mining. The mining category provides for the extraction of various natural resources such as bauxite, sand, gravel, limestone, granite or other. Mining uses will include assurances that these resources be properly managed so as not to create a hazard, nuisance or the disfigurement or pollution of the land. EXISTING LAND USE AND ZONING: The property is partially wooded and is currently zoned R-2 Single Family and is 18.85 acres ± in size. To the north and east is R-2 Single Family. To the south are areas of I-3 Heavy Industrial and I-1 Industrial Park, both of which are used for mining related activities. To the west is M Mining land which is used for mining activities. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: To the north and the east is an area of land shown as RL Residential Low Density on the Future Land Use Plan. To the south are areas of Industrial and Light Industrial, both of which are used for mining related activities. To the west is all M Mining land which is used for mining activities. January 10, 2013, A change was approved by the Planning Commission from Light Industrial to Mining. That change was not approved by the Board of Directors, and the applicant has since filed a Planned industrial Development. November 16, 2010, A change was made from Residential Low Density and Industrial to Mining immediately east and north of the subject property. October 15, 1996, A change from Mixed Use and Public Institutional to Office immediately south of the application area on the west side of Lawson Road. April 4, 2013 ITEM NO.: 1 (Cont.) FILE NO.: LU13-18-02 2 February 4, 1992, multiple changes from mostly Single Family and some Light Industrial to Industrial, Light Industrial, Multifamily, and Public Institutional in the current node area. MASTER STREET PLAN: The east west portions of Lawson Road are shown as a Minor Arterial while the north south section of Lawson is shown as a Principal Arterial. 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 the arterial streets. BICYCLE PLAN: There is a proposed Class I bike route along the north south Outer Loop and to the east along Lawson Road. 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 approximately one and three quarter miles outside the city limits and further than that to any park facilities. HISTORIC DISTRICTS: There are no city recognized historic districts that would be affected by this amendment. ANALYSIS: The land is shown as Residential Low Density on the Future Land Use Plan. The area surrounding the application is shown as Residential Low Density, Mining, Light Industrial and Industrial. With the natural resource of the rock underneath, it is more fitting to show this land as Mining instead of Residential Low Density. The mining operation to the west is proposed to expand into this site. There has been no residential activity on this site and to the immediate east. The best use of the area is to allow for the natural resources extraction and expand the area shown for mining. The application states that the proposed use of the property is “to incorporate with existing quarry operations to the west” owned by the applicant. April 4, 2013 ITEM NO.: 1 (Cont.) FILE NO.: LU13-18-02 3 The mining activities have been in this location before the expansion of the City’s Extraterritorial zoning to this area. The original zonings and Future Land Use categories of Industrial had been placed there for related uses to the mining. Lawson Road and Colonel Glenn Road run through the valleys in this area. When the topographical map is viewed, there are two ridge lines separating the two roadways. The majority of the land being considered is forested and the land between it and Colonel Glenn is all forested with the exception of a pond. There are houses that front onto Colonel Glenn Road, but the mining activities will not be seen from Colonel Glenn Road. From Lawson Road, the area to be considered under this application is behind the already excavated area that is used for mining and industrial activities, so the view will not be drastically different than what is there now. Surrounding this site on the west side is mining activities. The change would not impact this use since they are similar. There is Residential Low Density due east and north of this application. This land to the north is owned by the applicant and can serve as a buffer. Little or no impact is expected to the mining and industrial uses to the south. To the east is a large tract of undeveloped land. In November 2010, an area that borders this site to the west of was zoned from R-2 Single Family to Mining for the expansion of an existing mining area. A study of an aerial photo of the area shows that there are active mining occurring on both sides of Lawson Road, though not readily visible from the roadway. NEIGHBORHOOD COMMENTS: There are no neighborhood associations in the vicinity of this application. STAFF RECOMMENDATIONS: Staff believes the change is appropriate. PLANNING COMMISSION ACTION: (APRIL 4, 2013) This item was placed on the consent agenda for approval. The consent agenda passed with a vote of 10 ayes and 1 open position. April 4, 2013 ITEM NO.: 1.1 FILE NO.: Z-8846 Owner: LRQ, LLC Applicant: Michael Lasiter Location: North of Lawson Road, east of Hugh Taylor Road Area: 18.85 Acres Request: Rezone from R-2 to M Purpose: To incorporate into existing quarry site to the west Existing Use: Undeveloped land SURROUNDING LAND USE AND ZONING North – Undeveloped property; zoned R-2 South – Industrial uses; zoned I-1 and I-3 East – Undeveloped property; zoned R-2 West – Mining operation; zoned M A. PUBLIC WORKS COMMENTS: No Comments. 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 SWLR United for Progress Neighborhood Association were notified of the public hearing. D. LAND USE ELEMENT: This request is located in the Ellis Mountain Planning District. The Land Use Plan shows Residential Low Density (RL) and Light Industrial (LI) for this April 4, 2013 ITEM NO.: 1.1 (Cont.) FILE NO.: Z-8846 2 property. Residential Low Density allows for single family homes at densities not to exceed 6 dwelling units per acre. Such residential development is typically characterized by conventional single family homes, but may also include patio or garden homes and cluster homes, provided that the density remain less than 6 units per acre. The 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 applicant has applied for a rezoning from R-2 (Single Family District) to M (Mining District) for the expansion of the existing mining operation to the west into this site. There is a separate item on the agenda to amend the Land Use Plan to Mining for this site. Master Street Plan: Lawson Road 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 Lawson Road since it is a Minor Arterial. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class II Bike Lanes are shown along Lawson Road. Bike Lanes provide a portion of the pavement for the sole use of bicycles. E. STAFF ANALYSIS: LRQ, LLC, owner of the 18.85 acre property located approximately 1,000 feet north of Lawson Road and 1,600 feet east of Hugh Taylor Road, is requesting to rezone the property from “R-2” Single Family District to “M” Mining District. The rezoning is proposed in order to incorporate the subject property into the existing mining operation to the west. The property is currently undeveloped and wooded, with varying degrees of slope. Undeveloped R-2 zoned property is located to the north and east. An existing mining operation is located immediately to the west. Industrial uses and zoning are located to the south, along the north side of Lawson Road. The City’s Future Land Use Plan designates this property as Residential Low Density and Light Industrial. A proposed Land Use Plan Amendment to Mining is a separate item on this agenda. April 4, 2013 ITEM NO.: 1.1 (Cont.) FILE NO.: Z-8846 3 Staff is supportive of the requested M rezoning. Staff views the request as reasonable. The applicant is proposing to rezone only a portion of their overall property. LRQ, LLC also owns the adjacent property to the north, east and west of the subject property. The applicant is proposing to maintain the same distance away from the nearest residences along Colonel Glenn Road as the existing M zoned property. The applicant’s additional property to the north and east will essentially serve as a buffer between the proposed M zoning and the residences along Colonel Glenn Road. Staff believes the rezoning of this property to M to allow for the expansion of the existing mining operation will have no adverse impact on the adjacent properties or the general area. F. STAFF RECOMMENDATION: Staff recommends approval of the requested M rezoning. PLANNING COMMISSION ACTION: (APRIL 4, 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 10 ayes, 0 noes, 0 absent and 1 open position. April 4, 2013 ITEM NO.: 2 FILE NO.: Z-8845 Name: Hubbard Day Care Family Home – Special Use Permit Location: 7315 Grace Drive Owner: Sharonda Hubbard Applicant: Sharonda Hubbard Proposal: A Special Use Permit is requested to allow a day care family home to be operated in the single family residence located on the R-2 zoned property at 7315 Grace Drive. A. Public Notification: All owners of property located within 200 feet of the site and the South Brookwood Ponderosa, Meadowcliff/Brookwood and SWLR United for Progress Neighborhood Associations were notified of the public hearing. B. Public Works Issues: No Comments. C. Staff Analysis: 7315 Grace Drive is located on the south side of Grace Drive, between Morgan Drive and Brookview Drive. All surrounding properties are zoned R-2 and contain single family residences. A church development is located to the east along Brookview Drive. The applicant’s house is a one-story brick and frame structure, and is typical of those in the general area. The rear yard is fenced and provides a safe play area. The applicant proposes to operate the day care from 7:00 a.m. to 7:00 p.m., Monday through Friday. The applicant has noted that she will have no employees, unless one is required by the State. Her mother or sister will fill in for her if she needs to leave the house for a short time. There is a two-car wide driveway from Grace Drive. There is off-street parking for four (4) vehicles. Staff feels that this will allow sufficient space for drop-off and pick-up of children. On inspection of the site, staff observed no vehicles parked on unpaved areas. Staff also observed no vehicles on the site which were not operational. April 4, 2013 ITEM NO.: 2 (Cont.) FILE NO.: Z-8845 2 The applicant is currently providing care for five (5) children at this location. The applicant is in the process of being licensed by the State for up to ten (10) children. The principal use of the property will remain single family residential. No signage beyond that allowed in single family zones will be permitted. The applicant submitted a copy of the Bill of Assurance for this neighborhood, which was recorded in 1965 and appears to still be in effect. The Bill of Assurance contains the following language: “No lot shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any lot other one single-family dwelling not to exceed two stories in height and a private garage for not more than two cars.” According to Section 36-54(e)(3) of the City’s Zoning Ordinance, the site and location criteria for Day Care Family Homes are as follows: Day care family home: a. This use may be located only in a single family home, occupied by the caregiver and which is the full time residence of the caregiver. b. Must be operated within licensing procedures established by the State of Arkansas. State regulations shall control the number of employees residing off premises. c. The use is limited to ten (10) children including the care givers. d. The minimum to qualify for Special Use Permit is six (6) children from households other than the care givers. e. This use must obtain a special use permit in all districts where day care centers are not allowed by right. f. After the effective date of this subsection, no Special Use Permit will be approved for a day care family home proposed to be located within three hundred (300) feet of a licensed day care center or an operating day care family home for which a Special Use Permit has previously April 4, 2013 ITEM NO.: 2 (Cont.) FILE NO.: Z-8845 3 been approved. For the purposes of this subsection, the distance between properties shall be measured in a straight line without regard to intervening structures or objects, from property line to property line. g. All day care family homes located in the City of Little Rock are required to obtain a City of Little Rock business license and to pay an annual business tax as specified in Chapter 17. of the Code. h. A copy of the day care family home’s current State of Arkansas license must be submitted to the City Collector’s Office each year at the time of payment of the annual business tax. i. All vehicles must be parked on an on-site paved surface. j. All vehicles located on the site must be operational. k. All pick-up and drop-off of children shall be on the property’s driveway and not on the public right-of-way unless otherwise approved by the Planning Commission. l. Special Use Permits for day care family homes shall be reviewed by staff every three (3) years for compliance with the development criteria and Planning Commission approval. m. The Fire Marshall must approve use of the residence for the proposed day care family home. 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 outstanding issues associated with this application. Staff feels that the proposed day care family home at this location will have no adverse impact on the general area. Based on an area survey conducted by staff, there are no permitted/licensed day care family homes or day care centers within 300 feet of the site. D. Subdivision Committee Comment: (March 13, 2013) Sharonda Hubbard was present, representing the application. Staff presented the application to the Committee. Ms. Hubbard’s proposal was briefly discussed. Staff noted that Ms. Hubbard will have no employees, unless one is required by the State. Staff noted that no additional information was needed from Ms. Hubbard, and that there appeared to be April 4, 2013 ITEM NO.: 2 (Cont.) FILE NO.: Z-8845 4 no outstanding issues. After the discussion, the Committee forwarded the application to the full Commission for final action. E. Staff Recommendation: Staff recommends approval of the Special Use Permit to allow a day care family home at 7315 Grace Drive, subject to the following conditions: 1. Compliance with the site and location criteria in Section 36-54(e)(3). 2. There is to be no signage beyond that permitted in single family zones. 3. Outdoor activities, including playground use, are to be limited to day-light hours. PLANNING COMMISSION ACTION: (APRIL 4, 2013) Sharonda Hubbard was present, representing the application. There was one (1) objector and one (1) supporter present. Staff presented the application with a recommendation of approval. Sharonda Hubbard addressed the Commission in support of the application. She explained that she currently cares for five (5) children in her home. She noted that the children are at her home during various times during the day. She explained that she would like to have a commercial location for a day care center in the future. Ruth Bell spoke in favor of the application. She made comments in support of day care family homes. Troy Laha spoke in opposition. He noted that SWLR United for Progress voted to oppose the application. He noted that there were other day care uses near the neighborhood and expressed a concern with traffic. Ms. Hubbard noted that she had experience with children and was in compliance with State requirements. She explained that her neighbors had no objection to the application. There was a brief discussion related to the ages of children Ms. Hubbard cares for and the State requirements for day care family homes. There was a motion to approve the application as recommended by staff. The motion passed with a vote of 6 ayes, 1 nay, 3 absent and 1 open position. April 4, 2013 ITEM NO.: 3 FILE NO.: G-23-436 Name: “Z” Street – Right-of-Way Abandonment Location: Between Pierce and Fillmore Streets Owner/Applicant: Tammy Miller Request: To abandon that portion of the 40 foot wide “Z” Street right-of-way located between Blocks 15 and 18, Park View Addition (between Pierce and Fillmore Streets). Purpose: To incorporate area of abandonment into yard areas for adjacent single family properties. STAFF UPDATE: The applicant submitted a letter to staff on March 8, 2013 requesting this application be withdrawn and the filing fee refunded. The request was in response to the Public Works Department objecting to the abandonment request. Staff supports the withdrawal request. PLANNING COMMISSION ACTION: (APRIL 4, 2013) Staff informed the Commission that the applicant submitted a letter on March 8, 2013 requesting this application be withdrawn. Staff supported the withdrawal request. The item was placed on the consent agenda and withdrawn. The vote was 10 ayes, 0 noes, 0 absent and 1 open position. April 4, 2013 ITEM NO.: 4 FILE NO.: Z-3766-B NAME: Asbury United Methodist Church – Conditional Use Permit LOCATION: 1700 Napa Valley Drive OWNER/APPLICANT: Asbury United Methodist Church/White Daters and Associates PROPOSAL: A conditional use permit is requested to allow for the addition of a columbarium to this existing, R-2 zoned, 7.05 acre church site. 1. SITE LOCATION: The church is located on the west side of Napa Valley Drive, one block south of Hinson Road. 2. COMPATIBILITY WITH NEIGHBORHOOD: The larger neighborhood surrounding the site is primarily residential in nature and use; containing patio homes, condominiums, detached single family residences and apartments. Other institutional uses are located nearby including Pulaski Academy, a branch of the Central Arkansas Library System, offices and a nursing home. The church has been located at this site since the early 1980’s. No expansion of the site is proposed. The columbarium will be located in a garden-like setting in a courtyard at the front of the church. Adding the columbarium will not affect the church’s continued 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 Hunter’s Green, Hunter’s Cove, Rainwood Cove and Marlow Manor Neighborhood Association. 3. ON SITE DRIVES AND PARKING: Church parking is located on the north side and rear (west) of the property. Access is off of Napa Valley. No changes are proposed to the existing parking. The addition of the columbarium does not affect the church’s parking requirement which is based on the seating capacity of the sanctuary. April 4, 2013 ITEM NO.: 4 (Cont.) FILE NO.: Z-3766-B 2 4. SCREENING AND BUFFERS: No Comments. 5. PUBLIC WORKS COMMENTS: No Comments. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer Available to this project. Entergy: No Objection. Centerpoint Energy: No comment received. AT&T (SBC): No comment received. Water: No Objections; All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water if additional fire protection or metered water service is required or regarding the size and location of the water meter. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW’s Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Approved as submitted. County Planning: No Comments. CATA: The site is not located on a CATA bus route. April 4, 2013 ITEM NO.: 4 (Cont.) FILE NO.: Z-3766-B 3 SUBDIVISION COMMITTEE COMMENT: (MARCH 13, 2013) Brian Dale, of White-Daters and Associates, was present representing the church. Staff presented the item and noted there were no outstanding issues. After a brief discussion of the item, the Committee determined there were no issues and forwarded the item to the full Commission. STAFF ANALYSIS: Asbury United Methodist Church occupies the R-2 zoned, 7.05 acre tract located at 1700 Napa Valley Drive. The site contains a single building and associated parking. The original conditional use permit to allow for construction of the church was approved on November 10, 1981. An April 13, 1997 revision was approved to allow for a parking lot expansion. The church is now requesting approval of a conditional use permit to allow for the addition of a columbarium to the site. The columbarium is to be located in the meditation garden located in front of the church. The garden is enclosed by an existing brick screening wall. The pre-assembled columbarium and garden will not be visible from the adjacent neighbors or the street. Depending on the interest from the congregation, the size of the columbarium may fluctuate and is available to be expanded if warranted. The brick-enclosed meditation garden will not be expanded. To staff’s knowledge, there are no outstanding issues. Placement of a columbarium on church sites is becoming more common and typical. Placement of the columbarium in the existing, brick-enclosed meditation garden will have no effect on other properties. There is no bill of assurance for this acreage tract. STAFF RECOMMENDATION: Staff recommends approval of the C.U.P., as filed. PLANNING COMMISSION ACTION: (APRIL 4, 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 10 ayes, 0 noes, 0 absent and 1 open position. April 4, 2013 ITEM NO.: 5 FILE NO.: G-25-212 Name: 19th Street Name Change to Annie M. Abrams Avenue Location: 19th Street; from Spring Street to Rice Street Petitioner: Muhammad Rasheed, New Africa Alliance Request: To rename 19th Street, from Spring Street to Rice Street, to Annie M. Abrams Avenue. Abutting Uses: The proposal is to rename twenty (20) blocks of West 19th Street; from Spring Street to Rice Street. There are apparently fifty-two (52) properties on this portion of West 19th Street which take a 19th Street address, other properties along the street take an address from the cross streets. Staff surveyed the properties along the street and, as best as we can tell, the uses break down as follows: Single Family 41 Duplex 5 4-Plex 4 5-Plex 1 Church 1 It would appear there are seventy-three (73) possible addresses. It was evident, based on site appearance and use of City Directory, that twenty-five (25) addresses were vacant; leaving forty-eight (48) valid addresses. Neighborhood Effect: The name change will affect the addresses of the several residences and the church as noted above. Neighborhood Position: The applicant submitted signatures in support of the proposed street name change from 30 individuals. Twelve (12) addresses on West 19th Street are represented by 18 signatures, with a couple of the addresses having multiple signatures. Twelve of the signatures represent addresses other than on West 19th Street (corner properties with an address from the intersecting street). April 4, 2013 ITEM NO.: 5 (Cont.) FILE NO.: G-25-212 2 Staff notified the Downtown, Central High, Wright Avenue and Pettaway Park Neighborhood Associations and the Capitol Zoning District Administration. The applicant sent notice to the addresses on the street. Many of the notices were returned as “undeliverable” or “vacant”. Effect on Public Services: No opposition has been voiced by any of the reviewing departments and agencies. With the name change, twenty-one (21) street signs will be required to be changed at a total cost of approximately $2,100.00 for manufacturing and installation. Staff Analysis: The New Africa Alliance has submitted an application requesting that a portion of 19th Street, from Spring Street to Rice Street, be renamed Annie M. Abrams Avenue. The proposal has been submitted in recognition of Ms. Abrams’ longtime service to the community and involvement in Little Rock neighborhood issues. In 2010, New Africa Alliance proposed renaming Wright Avenue for Ms. Abrams. That proposal drew opposition and the request was denied by the Planning Commission. The organization was encouraged to consider a numbered street for the name change rather than renaming a street that had been named for another individual. In early 2011, New Africa Alliance proposed renaming this same portion of 19th Street for Ms. Abrams. That application languished for several months due to two reasons. Staff was not satisfied that signatures had been obtained from more than fifty (50) percent of the persons taking an address from the affected street and there was the possibility that the City was going to adopt a new procedure for street name change. The applicant did not produce additional signatures and the City did not adopt a new procedure. The application was eventually withdrawn. Staff is still concerned that sufficient signatures representing persons living on 19th Street have been presented. The applicant has been advised to obtain more signatures indicating support for the name change. STAFF RECOMMENDATION: Staff’s recommendation is forthcoming. April 4, 2013 ITEM NO.: 5 (Cont.) FILE NO.: G-25-212 3 PLANNING COMMISSION ACTION: (APRIL 4, 2013) The applicant was not present. There were no objectors present. Staff informed the commission that the applicant had requested withdrawal of the item on April 2, 2013. Staff recommended approval of the withdrawal, without prejudice. A motion was made to waive the commission’s bylaws to accept the late withdrawal request. That motion passed with a vote of 10 ayes, 0 noes, 0 absent and 1 open position. The item was placed on the consent agenda and approved for withdrawal by a vote of 10 ayes, 0 noes, 0 absent and 1 open position. April 4, 2013 ITEM NO.: 6 FILE NO.: LU13-01 Name: Southwest Area Land Use Plan Amendment Location: South of Interstate-30, West of Interstate-530 and north of the County Line Request: Various Source: Staff PROPOSAL / REQUEST: As part of the City’s efforts to keep the Future Land Use Plan current, Staff reviewed the Plan in the area south of Interstate 30, west of Interstate 530 and north of the County Line. The package started with nineteen (19) change areas. Area 1 was dropped late in the review process, leaving eighteen (18) areas with changes proposed in the ‘package’: Area 2 is east of Alexander Road, north of the railroad tracks (Town of Alexander). A change from Mixed Commercial Industrial to Industrial. The Industrial category encompasses a wide variety of manufacturing, warehousing research and development, processing, and industry related office and service activities. Industrial development typically occurs on an individual tract basis rather than according to an overall development plan. Area 3 is two areas: one along the west side of Vimy Ridge Road, south of Alexander Road and the other along the south side of Alexander Road, west of Otter Creek. A change from Residential Low Density to Public Institutional (along Vimy Ridge Road) and Light Industrial to Public Institutional (along Alexander Road). Public Institutional 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. Area 4 is two Areas: one north of the MoPac Railroad line to Mabelvale West, west of Mabelvale, and one south of the MoPac Railroad line, between the South Loop and Sardis Road. A change from Mixed Commercial Industrial to Mixed Use (north of the rail line) and to Service Trades District (south of the rail line). Mixed Use 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. And Service Trades District provides for a selection of office, warehousing, and industrial park activities that primarily serve other office service or industrial businesses. The district is intended to allow support services to these businesses and to provide for uses with an office component. A Planned Zoning District is required for any development not wholly office. April 4, 2013 ITEM NO.: 6 (Cont.) FILE NO.: LU13-01 2 Area 5 is the north west of the Nash Road-Mabelvale West Road intersection. A change is from Mixed Use and Residential Low Density to Public Institutional. Public Institutional 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. Area 6 is the Angel Court Subdivision, north of Mabelvale West Road. A change is from Office to Residential Low Density. Residential Low Density provides for single family homes at densities not to exceed 6 units per acre. Such residential development is typically characterized by conventional single family homes, but may include patio or garden homes and cluster homes, provided that the density remain less than 6 units per acre. Area 7 is along the southeast side of Mann Road, near Dartmoor Drive. A change is from Industrial to Light Industrial. Light Industrial provides for light warehouse, distribution or storage uses, and/or other industrial uses that are developed in a well- designed "park like" setting. Area 8 is along the north west side of Mann Road, west of Dartmoor Drive. A change from Commercial to Light Industrial. Light Industrial provides for light warehouse, distribution or storage uses, and/or other industrial uses that are developed in a well- designed "park like" setting. Area 9 is area either side of Mabelvale Cut-off Road from Heinke Road to Legion Hut Road. A change from Mixed Use to Residential Low Density. Residential Low Density provides for single family homes at densities not to exceed 6 units per acre. Such residential development is typically characterized by conventional single family homes, but may include patio or garden homes and cluster homes, provided that the density remain less than 6 units per acre. Area 10 is two areas along the south frontage of Interstate-30, either side of Production Drive. A change from Light Industrial 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. Area 11 is two areas along the south frontage of Interstate-30, either side of Chicot Road. A change from Commercial to Light Industrial (west of Chicot Road) and Industrial to Light Industrial (east of Chicot Road). Light Industrial provides for light warehouse, distribution or storage uses, and/or other industrial uses that are developed in a well-designed "park like" setting. April 4, 2013 ITEM NO.: 6 (Cont.) FILE NO.: LU13-01 3 Area 12 is at the southeast corner of Baseline Road and Dailey Drive. A change from Office and Residential Low Density to Public Institutional. Public Institutional 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. Area 13 is south of Mabelvale Cut-off Road, east of Rob Roy Way. A change from Residential High Density to Residential Medium Density. Residential Medium Density 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. Area 14 is along the east side of Geyer Springs Road, north of the City Limits. A change from Residential Low Density to Public Institutional. Public Institutional 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. Area 15 is two areas along the west side of Geyer Springs Road, one south of Valley Road the other north of Valley Road. A change from Residential Low Density (south of Valley) and Office (north of Valley) to Public Institutional. Public Institutional 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. Area 16 is along the east of Arch Street Pike from 65th Street to Baseline Road. A change from Mixed Commercial Industrial to Service Trades District. Service Trades District provides for a selection of office, warehousing, and industrial park activities that primarily serve other office service or industrial businesses. The district is intended to allow support services to these businesses and to provide for uses with an office component. A Planned Zoning District is required for any development not wholly office. Area 17 is either side of Dixon Road, west of Interstate-530. A change from Mixed Commercial Industrial to Light Industrial. The Industrial category encompasses a wide variety of manufacturing, warehousing research and development, processing, and industry related office and service activities. Industrial development typically occurs on an individual tract basis rather than according to an overall development plan. Area 18 is either side of Dixon Road, generally from Ironton Road to John Calvin Drive. A change from Mixed Commercial Industrial and Mining to Mixed Use. Mixed Use 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. Area 19 is either side of Arch Street Pike from Vinson Road to Pratt Road. A change from Mixed Commercial Industrial to Mixed Use and Commercial. Mixed Use provides for a mixture of residential, office and commercial uses to occur. A Planned Zoning April 4, 2013 ITEM NO.: 6 (Cont.) FILE NO.: LU13-01 4 District is required if the use is entirely office or commercial or if the use is a mixture of the three. And 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 (at Pratt Road). ANALYSIS: The Planning and Development staff began reviewing this area in the second half of 2012. The existing development pattern, as well as existing zoning and recent re- classification actions were reviewed. After field visits and staff discussions, letters were sent to all neighborhood associations in the area and other neighborhood stakeholders asking for suggested changes in the area. Little comment was received from this contact. A package of changes was developed by Staff and affected property owners identified. All the affected property owners were contacted about the possibility of changing the Land Use Plan designation of their property. Staff received numerous phone calls and email responses to that letter notifying them of the proposed changes. A couple of the property owners asked for meetings to discuss the proposed changes. Most contacts were informational only. There were several requests that no change be made in ‘their’ area. The final package of changes was developed and property owners together with neighborhood associations were contacted about the public hearing to consider the changes. Staff believes this package of changes is a ‘clean-up’ to more accurately reflect the current and likely future development pattern in the area of the changes. This resulting ‘package’ of changes should create a more accurate Future Land Use Plan that all can use, whether public or private. Area 2 is along the east side of Alexander Road, just north of the town of Alexander. It is currently a concrete plant with R-2 (Single Family District). To the south is the Town of Alexander with mostly wooded land. To the west is Saline County and developed with commercial uses. To the north and east is zoned C-4 (Open Displace District) and R-2 (Single Family District), with a couple of homes, liquor store and auto race track. The owners have indicated they plan to make future investments in this land and continue the concrete plant use, thus a designation of Industrial would be appropriate to reflect the current and likely future development pattern. Area 3 is two areas, one along the west side of Vimy Ridge Road, south of Alexander Road and one along the south side of Alexander Road at Otter Creek. Both of these areas are part of AP&L’s ownership of a large power plant. The site is basically developed with a power generation and support facilities and is zoned I-2 (Light Industrial District). To the east is R-2 (Single Family District) partially developed with businesses, homes and mobile homes. To the north is I-3 (Heavy Industrial District) and mostly developed with a manufacturing plant. To the west is mostly zoned R-2 April 4, 2013 ITEM NO.: 6 (Cont.) FILE NO.: LU13-01 5 (Single Family District) with homes and a couple businesses. To the south is I-2 (Light Industrial District) zoned land where the majority of the power generation facility is located. Since the site is part of an existing power generation facility, Public Institutional would best represent the current and likely mid-term future use of the land. Area 4 is two areas. The first is south of the mainline of the MoPac between the South Loop and Sardis Road. It is primarily pasture land with a few homes along Sardis Road. Most of the area is zoned R-2 (Single Family District) with a portion zoned I-2 (Light Industrial District) and I-1(Industrial Park District). To the north and west is zoned I-2 (Light Industrial District) with some I-1(Industrial Park District), C-3 (General Commercial District) and O-3 (General Office District) and mostly undeveloped pasture land or wooded land. To the east and south is R-2 (Single Family District) with single- family homes along the main roads (Sardis and Alexander) and the remaining land undeveloped and wooded. With the construction of the South Loop and the development pattern north of the rail line, office warehouse showroom type development with some office is more likely for this area. The second area is north of the rail line to Mabelvale West Road and west of the South Loop. The majority of the area is wooded and undeveloped, with the eastern portion developed with an electric contractor. The area is zoned I-2 (Light Industrial District), I-1 (Industrial Park District), C-3 (General Commercial District), and O-3 (General Office District). To the north is R- 2 (Single Family District) and O-3 (General Office District) with a couple of churches and single-family homes. To the east is R-2 (Single Family District) with homes and a business, to the south across the rail line is I-2 (Light Industrial District) and R-2 (Single Family District) and pasture land. To the west is R-2 (Single Family District) and I-2 (Light Industrial District) with a school and vacant industrial land. Based on the current zoning pattern and street network Mixed Use is an appropriate use pattern for this location. Area 5 is northwest of the Mabelvale West Road-Nash Road intersection. The area is O-3 (General Office District) and R-2 (Single Family District) and is two religious institutions. To the west a single family house along Mabelvale West Road and a subdivision that is zoned R-2 (Single Family District). To the north and east is zoned R- 2 (Single Family District) and is large lot single-family homes. To the south wooded undeveloped land, zoned C-3 (General Commercial District) and I-1 (Industrial Park District). With the area developed with two religious institutions the likely future development pattern of the area remain Public Institutional in nature. Area 6 is the single-family subdivision of Angel Court off of Mabelvale West Road. The land is zoned POD (Planned Office District) and developed with single-family homes. To the east and west the land is zoned R-2 (Single Family District). To the west are large-lot single-family homes and to the east is undeveloped wooded land. North of the area in question is zoned I-2 (Light Industrial) with a business on it. South of the area is vacant cleared land zoned POD (Planned Office District) for future retail and office April 4, 2013 ITEM NO.: 6 (Cont.) FILE NO.: LU13-01 6 development. The area of the amendment is developed as a single-family subdivision and this is not likely to change in the near future. Area 7 is an area along the southeast side of Mann Road, south of Dartmoor Drive. The area is developed with auto related businesses. The zoning is I-2 (Light Industrial District). To the north is R-2 (Single Family District) zoning with non-conforming block plant on the site. To the west, east and south is R-2 (Single Family District),that is wooded and undeveloped. The area is developed with heavy auto related uses and is zoned Light Industrial. The development pattern is not likely to change and a designation of Light Industrial is more reflected of the current and likely future development of this area. Area 8 is north of the MoPac rail line, west of Dartmoor Drive. It is an existing block plant with a R-2 (Single Family District) zoning. To the north wooded undeveloped land zoned R-2 (Single Family District). To the west is vacant wooded land and zoned C-3 (General Commercial District). To the south is I-2 (Light Industrial District) zoning with heavy commercial types of uses along Mann Road. The site is developed as a block plant, thus the likely future development pattern is consistent with the Light Industrial District. Area 9 is along and either side of Mabelvale Cutoff Road from Heinke Road to Legion Hut Road. The area is zoned R-2 (Single Family District) with single-family homes and some vacant land both wooded and cleared. To the north is zoned R-2 (Single Family District) and mostly undeveloped wooded land, along the eastern section there are some larger lot single-family homes. To the south is R-2 (Single Family District) zoned land with larger lot homes. To the west is R-2 (Single Family District) land with a school and PR (Park District) zoned land with a city park. To the west of the site is zoned R-2 (Single Family District) with single-family houses and a few non-conforming businesses. This portion of Mabelvale Cutoff Road is both zoned and developed with single-family homes, Staff believes the best development pattern is for it to remain Single Family. Area 10 is two areas along the south frontage of Interstate-30 either side of Production Drive. The eastern portion is zoned I-2 (Light Industrial District) but used for dealerships and a motel. The western section is a motel, bar, and rental business zoned C-3 (General Commercial District), C-4 (Open Display District) and I-2 (Light Industrial District). To the south is zoned I-2 (Light Industrial District) with several distribution type of businesses and some undeveloped land. To the west is C-4 (Open Display District) and C-3 (General Commercial District) with retail businesses. To the north across Interstate-30 is C-3 (General Commercial District), C-4 (Open Display District and I-2 (Light Industrial District) land with various types of businesses. To the east is I-2 (Light Industrial District) land that is either cleared and vacant or developed as Riggs Tractor (all the land is owned by Riggs Tractor). The area is made up of commercial businesses with a mix of zoning classifications. This pattern is likely to continue making the Commercial designation most appropriate for this area. April 4, 2013 ITEM NO.: 6 (Cont.) FILE NO.: LU13-01 7 Area 11 is an area along the south side of Interstate-30. This area is now all zoned I-2 (Light Commercial District) and has all been acquired by one owner (Riggs Tractor) for their use. To the north and west is zoned I-2 (Light Industrial District) and is either developed with commercial or distribution businesses with some vacant land. To the north across Interstate-30 is zoned C-4 (Open Display District), C-3 (General Commercial District) and PCD (Planned Commercial District) with various businesses and a fraternal organization located on the land. To the west PR (Park District) and R-2 (Single Family District) for a city park and single-family subdivision. The recent zoning and development indicate the most likely future development pattern for this area is as Light Industrial. Area 12 is an area of land located at the southeast corner of Baseline Road and Dailey Drive. There are two public use buildings – Post Office and Health Department offices with a proposal to add health department clinic space for this area. The land is zoned O-3 (General Office District), POD (Planned Office District) and R-2 (Single Family District). To the south and southwest is R-2 (Single Family District) zoned land with single-family houses. To the east is PR (Park District) zoned land with the Southwest Community Center and Southwest Police Headquarters. To the north and northwest is O-3 (General Office District), R-2 (Single Family District) and C-3 (General Commercial District) with office and single-family uses. All the existing and proposed uses in the plan area are Public or Quasi-public with a post office and public health related office and clinics. Area 13 is southeast of the Rob Roy Way– Mabelvale Cutoff Road intersection. There are single-family homes on the land, with a zoning of R-2 (Single Family District). To the north, south and east is R-2 (Single Family District) land with houses, a church and some vacant wooded land. To the west is C-3 (General Commercial District) zoning at the Mabelvale West-Chicot Road intersection. Much of this land remains vacant, with two relatively new retail businesses. The Plan has recommended High Density Residential for future development of this land. This type of development has often had issues in southwest Little Rock. Most of the residential in this section of Little Rock has been either single-family, mobile home, or apartments. A Medium Density Residential designation would provide an alternative residential type for the area. Area 14 is along the east side of Geyer Springs Road, just north of the City Limits. The area is developed with a church and religious school. The zoning of the land is R-2 (Single Family District). To the north, east and west is R-2 (Single Family District) zoning and is undeveloped wooded land. To the south is unzoned land beyond the City Limits. It is primarily undeveloped wooded land, with a scattering of residential and businesses. This area is developed with a church and school. The uses are not likely to change making the appropriate Land Use Plan designation Public Institutional. Area 15 is two areas along the west side of Geyer Springs Road, either side of Valley Drive. Both areas are religious institutions. The southern church with an R-2 (Single Family District) zoning and the northern with a PCD (Planned Commercial District) April 4, 2013 ITEM NO.: 6 (Cont.) FILE NO.: LU13-01 8 zoning. There is R-2 (Single Family District) land in all directions for the southern site, with homes to the south, east and west. To the north is vacant wooded land. There is a school to the east of the northern site zoned R-2 (Single Family District). To the west is also R-2 (Single Family District) with homes. Both to the north and south of the northern site is O-3 (General Office District) land, which is vacant to the south but with an office to the north. Since both of these sites are existing religious institutions and likely to remain such, the appropriate designation would be Public Institutional for both sites. Area 16 along the west side of Arch Street Pike from the City Limits line to beyond Baseline Road. This is an area outside the City Limits and not zoned. There is a mix of uses including single-family commercial, a church and office as well as vacant wooded land. To the north is zoned M (Mining District) and is generally wooded and undeveloped or an open mine. To the east is not zoned and is either undeveloped wooded land or an open mine. To the south is not zoned and is first undeveloped wooded land followed by a single family subdivision. To the east is not zoned, across Arch Street Pike is a mix of single-family, commercial and industrial uses as well as vacant wooded land. The Mining operations to the east and north are slowly moving south and west, until such time as those companies acquire the land for mining or buffer purposes, the appropriate development would be non-residential uses that could be close to mining and industrial uses. Service Trades District would seem to be an appropriate designation for the mid-term. Area 17 is the area either side of Dixon Road, west of Interstate-530. This area is outside the City Limits and is not zoned. The uses are heavy commercial and industrial some directly related to the mining operations to the north. There is no zoning in any direction from the plan change area. To the northwest is an open mine, while to the west is undeveloped wooded land. To the south is a mix of uses predominately single- family, but including churches, businesses and a mobile home park. To the east across Interstate-530 is primarily wooded vacant land but there is also a commercial business, beyond that is a public school. Light Industrial is more appropriate than Mixed Commercial Industrial to represent the current and likely future development pattern of this land since there are no traditional retail commercial businesses. Area 18 is the area either side of Dixon Road generally between John Calvin Drive and Ironton Road. There is no zoning and the majority of the area is single family with a scattering of businesses and churches as well as vacant wooded land. To the north are heavy commercial and industrial uses along Dixon Road with no zoning regulations. To the west and south are undeveloped wood land and open mining areas with a scattering of residential and businesses and no zoning. To the east across Interstate 530 is undeveloped wooded and pasture land with some houses and businesses and no zoning regulations. The area of the amendment is primarily single family homes with a mobile home park in the west portion of the area. There is a scattering of businesses in the area with some wooded undeveloped land as well. With no zoning regulations and April 4, 2013 ITEM NO.: 6 (Cont.) FILE NO.: LU13-01 9 limited urban services, this development pattern is likely to continue. Thus, a Mixed Use designation is a good representation for the area. Area 19 is the area along Arch Street Pike from Vinson Road south to Pratt Road. This area is outside the City Limits and there are no zoning regulations in the area. The predominant use is single-family homes with a scattering of businesses and churches. There are no zoning regulations anywhere surrounding the amendment area. To the north are businesses along Arch Street Pike. Both to the east and west are larger acreage, a single-family tracts with a few subdivision. There is a scattering of businesses along some of the streets. To the south along either side of Arch Street Pike are businesses with a scattering of homes. This is a State Highway and as traffic increases the Highway Department may widen portions of the road. With no zoning regulations and limited urban services, the current pattern of use is likely to continue. This makes the Mixed Use classification the best representation of the current and likely future development pattern. There is a recommendation to show an area of Commercial at the Pratt Road-Arch Street Pike intersection. Pratt Road has an interchange at Interstate-530 making this intersection of more major importance in the general area and there is already a concentration of commercial uses at this location. NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood associations: Allendale, Alexander Road, Chicot, Cloverdale, Deer Meadow, Legion Hut, Santa Monica, Marvis Circle, Meyer Lane, OUR, Oxford Valley, Pinedale, Quail Run, Rob Roy Way, Rolling Pines, Shiloh Home Owners, Southwest Little Rock UPS, Upper Baseline, West Baseline, Windamere, Woodland Ridge Property Owner, and Yorkwood were also notified. Letters were sent to over 150 property owners in the area. Staff has received several informational calls from area residents as a result of the initial mailing in October. These were mostly informational. The second mailing was sent to approximately 130 property owners and the same neighborhood association and was mailed on March 5. Staff has received a couple phone calls of support (Areas 2 & 16) and a written opposition to the change along Mabelvale CutOff Road to Single Family (Area 9). STAFF RECOMMENDATIONS: This package of amendments is designed to make the Future Land Use Plan more representative of current and likely mid-term future uses for this area. Staff believes the changes are appropriate. PLANNING COMMISSION ACTION: (APRIL 4, 2013) Walter Malone, City Staff indicated that Staff viewed the changes as a clean-up for the Land Use Plan. He proceeded to review the 19 areas of proposed change explaining April 4, 2013 ITEM NO.: 6 (Cont.) FILE NO.: LU13-01 10 the current use and zoning for each. A motion was made to approve the amendment package as recommended by staff, by a vote of 7 for 0 against, 3 absent and 1 vacant position the motion was approved. April 4, 2013 ITEM NO.: 7 FILE NO.: LA-0050 NAME: Glenn Ridge Crossings II Advanced Grading Variance Request LOCATION: East and West sides of Colonel Glenn Loop APPLICANT: Glenn Ridge Crossings II APPLICANT’S REPRESENTATIVE: Robert D. Holloway AREA: Approximately 23 acres CURRENT ZONING: C3 and C4 VARIANCES/WAIVERS REQUESTED: A variance from the Land Alteration Regulations to advance grade by clearing and grading approximately 23 acres. A. PROPOSAL/REQUEST: Applicant is requesting a variance from the Land Alteration Regulations to advance grade by clearing and grading approximately 23 acres adjacent to Colonel Glenn Loop. Advanced grading is requested to occur on lot 3 located between Colonel Glenn Loop and I-430, lots 5 and 14 located south of Colonel Glenn Loop, and lots 15, 16, and 17 west of Colonel Glenn Loop. The variance would allow staff to issue a grading permit for the advance grading activities without imminent construction. Fill material is proposed to be brought to the site from a nearby construction project. B. EXISTING CONDITIONS: The 23 acre area varies in condition. Previous advanced grading applications have been approved for portions of the property. Some of the areas have previously been graded and cleared. Other areas have not been disturbed and are tree covered with steep slopes. The property in the center of Colonel Glenn Loop is currently under development for the Landers Dodge, Chrysler, and Jeep dealership. East of the lot 3 is I-430. West of lot 3 is Colonel Glenn Loop. A 30 ft. open space undisturbed buffer is required to be maintained along the east property line of lot 3. Approximately half of this lot has already been cleared. East of the lot 5 is Playtime Pizza. South of lots 5 and 14 are undeveloped R-2 zoned properties under different ownership. North of lots 5 and 14 is Colonel Glenn Loop. Lots 5 and 14 are approximately 60% graded and cleared. Along the south property line of lot 5 and 14 is a 50 ft. open space undisturbed buffer. West of lots 14 and 15 is JA Fair High School located on R-2 zoned property with a Conditional Use Permit. Lots 14 and 15 are undeveloped and have been approximately 50% cleared and graded. Along the west property lines of lots 14 April 4, 2013 ITEM NO.: 7 (Cont.) FILE NO.: LA-0050 2 and 15 is a 50 ft. open space undisturbed buffer. West of lots 16 and 17 is undeveloped C-3 zoned properties under different ownership. North of lot 17 is Colonel Glenn Loop off Bowman Road. West of lots 14, 15, 16, and 17 is Colonel Glenn Loop. Lots 16 and 17 are undeveloped and have been approximately 50% cleared and graded. C. NEIGHBORHOOD COMMENTS: Staff has been provided proof of notifications being mailed by the applicant to all adjacent property owners including those across streets and alleys. As of the time of writing, staff has not received any telephone calls or emails with questions or desiring additional information. D. ENGINEERING 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. Per Sec. 29-197(2), the grading shall be expeditiously completed in a time frame not to exceed one (1) year in duration from the time work commences to installation of all final erosion control measures and vegetation. 3. Per Sec. 29-197(9) storm water detention must be constructed on site in accordance with Chapter 29 and maintained following completion of grading activities. Show location(s) of detention facility(s). 4. Per Sec. 29-197(3) provide line of sight illustrations from adjacent street(s) and properties for review by the Planning Commission. 5. Per Sec. 29-179(5), undisturbed areas designated for temporary buffers shall be kept undisturbed except for reasonable access to the site. 50 ft. open space undisturbed buffers are required to be maintained along the western and southern property lines. A 30 ft. open space undisturbed buffer is required to be maintained adjacent to I-430. Temporary buffers must be maintained along the eastern, western, and southern exterior property lines. The width of the temporary buffer strip shall be 6% of the lot width and depth.. The minimum width shall be 50 ft. where the property is adjacent to other properties and collector streets (Col. Glenn Loop). In no event shall these temporary strips be less than the width of the permanent buffers required for the development. The minimum required width shall not exceed 100 ft. Label and delineate undisturbed buffer areas. April 4, 2013 ITEM NO.: 7 (Cont.) FILE NO.: LA-0050 3 6. Construction access points should be shown on the on grading plan. 7. Per Sec. 29-197(11), a permanent vegetative cover of suitable perennial grass shall be established over all disturbed areas. Where indicated by soil tests, pH adjustments and addition of fertilizer may be required. 8. Per Sec. 29-197(12), all erosion and stabilization controls, including permanent vegetation and plantings and stormwater detention systems are to be maintained by the responsible part for a period of 2 years following completion of site grading. 9. Per Sec. 29-197(12), periodic mowing, generally 2 times per year or more often if required by CLR shall be provided to encourage perennial grass growth. 10. Per Sec. 29-197(13), maintenance for the 2 year period shall be guaranteed through posting of cash, surety bond or letter of credit as referenced in Sec. 31-431(2) at the time of final inspection of the grading activities. 11. Per Sec. 29-197(14), all required federal, state, and local permits and approvals shall be obtained prior to commencement of land alteration activities. 12. Public works staff must be contacted for inspection for final approval of site stabilization prior to acceptance and relinquishment of maintenance bond. 13. The site is currently under enforcement action for not establishing vegetation following completion of advanced grading activities. 14. Who is the owner(s) of the subject properties? If not the same owner, letters must be provided from additional owners given permission to Glenn Ridge Crossings II to represent their property and interest. 15. Staked orange fencing must be installed along the open space undisturbed buffer areas during construction to prevent access into these buffer areas. E. PLANNING STAFF COMMENTS: No comments F. SUBDIVISION COMMITTEE: Mark Redder of Holloway Engineering was present representing the applicant. Staff presented an overview of the variance application. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. April 4, 2013 ITEM NO.: 7 (Cont.) FILE NO.: LA-0050 4 G. ANALYSIS: The applicant is proposing to clear and grade approximately 23 acres. The applicant reports approximately 136,000 cubic yards of fill material will be required and approximately 54,700 cubic yards of cut material will be removed and placed on other areas of the subject property. Approximately 81,300 cubic yards of fill material will be trucked into the site from a nearby construction site off Lawson Road. Gravel construction entrances will be located off the paved surfaces as shown on the exhibit. The applicant has agreed that grading will occur expeditiously and the site will be stabilized within 1 year of the issuance of the grading permit. Any damage to city streets or infrastructure will be repaired by the applicant prior to the acceptance and release of the 2 year maintenance bond. Mud, dirt or any debris tracked on paved surfaces must be periodically removed. Erosion control devices will be used during grading operations. The property will be graded to sheet flow stormwater and not pond on the property except in the constructed detention facilities. Maintenance of erosion controls, detention facilities, and construction entrances will occur as needed during the grading period. Within 14 days of completion of the final grading, the disturbed area will be graded with 6 inches of top soil and seeded and vegetated with native grasses. When vegetation is established, the erosion control devices can then be removed. The applicant has amended the application to provide a 50 ft. undisturbed buffer measured from the east property line on lot 3. The applicant does not show an undisturbed buffer along the northern and southern property lines of lot 3. Undisturbed buffer will not be required to be maintained along the northern and southern property lines of lot 3 because the trees along the northern and southern property lines have been removed. A 50 ft undisturbed buffer is shown to be maintained along the southern property lines of lots 14 and 5. A 50 ft. undisturbed buffer is shown to be maintained along the western property lines of lots 14, and 15. The applicant does not show an undisturbed buffer along the northern property line of lot 15 adjacent to the property under different ownership. Orange fencing will be installed along all undisturbed buffers to prevent entry. The applicant does not show an undisturbed buffer along the western property lines of lots 16 and 17. The applicant also does not show an undisturbed buffer along the north property line of lot 17 adjacent to Colonel Glenn Loop. A buffer will not be required to be maintained along the northern property line of lot 17 because the trees along the northern property line have been removed. The applicant does not show an undisturbed buffer along the western property lines of lots 16 and 17. An undisturbed buffer will not be required to be maintained along the western property lines of lots 16 and 17 because the trees along the western property lines have been removed. Undisturbed buffers will not be required to be maintained along Colonel Glenn Loop due the trees along Colonel Glenn Loop have already been removed. April 4, 2013 ITEM NO.: 7 (Cont.) FILE NO.: LA-0050 5 H. RECOMMENDATION: Staff recommends approval of the advanced grading variance request subject to compliance with the comments and conditions as outlined in paragraphs D of the agenda staff report. In addition to paragraph D, the variance request is subject to compliance with the following condition: 1. A 50 ft. undisturbed buffer should be maintained along the northern property line of lot 15 adjacent to the property under different ownership. I. PLANNING COMMISSION ACTION: (April 4, 2013) The applicant was present. There were not registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D and H of the agenda staff report. There was no further discussion of the item. The Chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 10 ayes, 0 noes, and 1 open position. Q uj uj F- 0 _0 V/ C 3 ti M� W �C Q LU c 0 O Q =- 2E 4 L'z� -.�m2 o 7 t!7 Q < w Ld m . C-7 m �] c~r} LU Z C ) m © Cp < Elf 7 ;T Of L, as as m m co U O LL LL U� Z CL fY- r1 C d d C 09 LU LU : � I t� I w 4 1.\:a W d i ■e0o loorm,ko4l N Niglio m m co U O LL LL U� Z CL fY- r1 C d d C 09 LU LU : � I t� I w 4 1.\:a W d r1 C d d C 09 LU LU : � I t� I w 4 1.\:a W d April 4, 2013 There being no further business before the Commission, the meeting was adjourned at 6:22 p.m. Date 16 o