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pc_05 16 2013 LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING MINUTE RECORD MAY 16, 2013 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present being eight (8) in number. II. Members Present: Alan Bubbus William Changose J. T. Ferstl Rebecca Finney Keith Fountain Obray Nunnley, Jr. Amy Pierce Bill Rector Members Absent: Tom Brock Janet Dillon Open Position City Attorney: Cindy Dawson III. Approval of the Minutes of the April 4, 2013 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING MAY 16, 2013 4:00 P.M. I. OLD BUSINESS: NO OLD BUSINESS II. NEW BUSINESS: Item Number: File Number: Title: 1. Z-4606-A 12300 Stagecoach Road Rezoning from R-2 to C-3 2. Z-8857 Oxford House Group Home – Special Use Permit 6800 W. Markham Street 3. Z-3514-A LeCartier Beauty Shop – Conditional Use Permit 6319 Forbing Road 4. Z-8855 Breaux Duplex – Conditional Use Permit SE corner of West 31st and Longcoy 5. Z-8856 Entergy Lawson Road Substation – Conditional Use Permit 14134 Lawson Road May 16, 2013 ITEM NO.: 1 FILE NO.: Z-4606-A Owner: Shane Smith Properties., LLC Applicant: Terry Burruss Location: 12300 Stagecoach Road Area: 0.37 Acre Request: Rezone from R-2 to C-3 Purpose: To incorporate into existing C-3 zoning to the south for redevelopment Existing Use: Undeveloped SURROUNDING LAND USE AND ZONING North – Undeveloped property and baseball field; zoned R-2 and PID South – Mixed commercial uses and mobile home park (across Stagecoach Road); zoned C-3 and R-7 East – Undeveloped property; zoned C-3, R-2 and PID West – Adams Pest Control facilities; zoned I-2 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. May 16, 2013 ITEM NO.: 1 (Cont.) FILE NO.: Z-4606-A 2 D. LAND USE ELEMENT: This request is located in the Otter Creek Planning District. The Land Use Plan shows Mixed Use (MX) for this property. This category provides for a mixture of residential, office and commercial uses to occur. A Planned Zoning District is required if the use is entirely office or commercial or if the use is a mixture of the three. The applicant has applied for a rezoning from R-2 (Single Family District) to C-3 (General Commercial District) to add a 50 foot strip along the back replacing C-3 zoning lost to the widening of Stagecoach Road (State Highway 5). Master Street Plan: Stagecoach Road and the extension of Alexander Road are both shown as Principal Arterials 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 Stagecoach Road and the extension of Alexander Road. These streets 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 Lane is shown along Stagecoach Road. Bike Lanes provide a portion of the pavement for the sole use of bicycles. A Class I Bike Path is shown along the extension of Alexander Road. A Bike Path is to be a paved path physically separate for the use of bicycles. Additional right-of-way or land easement is recommended. Twelve-foot paths are recommended along creeks and as independent paths. E. STAFF ANALYSIS: Shane Smith Properties, LLC, owner of the 0.37 acre property located at 12300 Stagecoach Road, is requesting to rezone the property from “R-2” Single Family District to “C-3” General Commercial District. The 0.37 acre proposed for rezoning is part of an 8.28 acre tract zoned C-3 and R-2. The 0.37 acre consists of a 50 foot wide strip running east/west through the property. The proposed C-3 strip will replace property along the south property boundary dedicated for the widening project for Stagecoach Road currently taking place. The 0.37 acre strip is currently undeveloped and grass covered. The C-3 zoned property at 12300 Stagecoach Road is occupied by a one-story commercial building which houses Enterprise Liquor. Driveways from Stagecoach Road serve the site, with paved parking on the south, east and west sides of the building. Additional right-of-way was recently obtained for the widening of May 16, 2013 ITEM NO.: 1 (Cont.) FILE NO.: Z-4606-A 3 Stagecoach Road. The new right-of-way line is near the front of the existing building. The applicant is requesting to extend the existing C-3 zoning back an additional 50 feet so that a new building can be constructed further back on the property, with the existing building to be removed. The area contains a mixture of uses and zoning. The Adams Pest Control facilities are located on the I-2 zoned property immediately to the west. Undeveloped C-3, R-2 and PID zoned property is located to the east. Undeveloped PID zoned property is also located north of the overall 8.28 acre tract. Mixed commercial uses and a large mobile home park are located across Stagecoach Road to the south (zoned C-3 and R-7). The City’s Future Land Use Plan designates this property as Mixed Use. The proposed 50 foot extension of the existing C-3 zoning does not require an amendment to the plan. Staff is supportive of the requested C-3 rezoning. Staff views the request as reasonable. The proposal is more of a “clean-up” issue to replace C-3 zoning which was lost due to right-of-way dedication for Stagecoach Road. This will allow the site to be redeveloped, with a new commercial building being located further back on the lot away from the new roadway construction. The existing I-2 zoning located immediately to the west and a short distance to the east extends much further to the north than the proposed C-3 zoning strip. Staff believes the 50 foot extension of the existing C-3 zoning will have no adverse impact on the adjacent properties or the general area. F. STAFF RECOMMENDATION: Staff recommends approval of the requested C-3 rezoning. PLANNING COMMISSION ACTION: (MAY 16, 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 8 ayes, 0 noes, 2 absent and 1 open position. May 16, 2013 ITEM NO.: 2 FILE NO.: Z-8857 Name: Oxford House Group Home – Special Use Permit Location: 6800 W. Markham Street Owner: Steven and Aimee Long Applicant: Randy Baxter, Oxford House Proposal: A Special Use Permit is requested to allow a group home to be operated in the single family residence located on the R-2 zoned property at 6800 W. Markham Street. STAFF UPDATE: The applicant submitted a letter to staff on April 17, 2013 requesting this application be withdrawn. Staff supports the withdrawal request. PLANNING COMMISSION ACTION: (MAY 16, 2013) Staff informed the Commission that the applicant submitted a letter on April 17, 2013 requesting this application be withdrawn. Staff supported the withdrawal request. The item was placed on the Consent Agenda and withdrawn, as requested by the applicant. The vote was 8 ayes, 0 noes, 2 absent and 1 open position. May 16, 2013 ITEM NO.: 3 FILE NO.: Z-3514-A NAME: LeCartier Beauty Shop – Conditional Use Permit LOCATION: 6319 Forbing Road OWNER/APPLICANT: Etta F. Carter PROPOSAL: A conditional use permit is requested to allow a beauty salon to operate in the existing building on this I-2 zoned, 0.53 acre tract. 1. SITE LOCATION: The site is located on the south side of Forbing Road, midway between Geyer Springs Road and S. University Avenue. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an area of mixed zoning and uses. The uses in the general area include warehousing, light fabrication, wholesaling, offices, auto parts and services uses and a variety of commercial uses. Allowing the use of this existing building for a beauty salon does not appear to be incompatible with uses in the area. Notice of the public hearing was sent to all owners of properties located within 200 feet of the site and the Wakefield and SWLR United for Progress Neighborhood Associations. 3. ON SITE DRIVES AND PARKING: The 3,800 square foot beauty salon requires 19 on-site parking spaces. Ten (10) parking spaces are located in the parking lot at the front of the site. A portion of parking is located in the public right-of-way based on a 1982 dedication. Additional right-of-way dedication is required. Staff is supportive of allowing the existing parking to remain through a franchise. There is parking for another ten (10) vehicles behind the building, accessed by driveways on either side of the building. There is sufficient room in the rear of the site to construct a new twenty (20) space parking lot if Forbing is ever widened and the front parking is lost. May 16, 2013 ITEM NO.: 3 (Cont.) FILE NO.: Z-3514-A 2 4. SCREENING AND BUFFERS: Site plan must comply with the City’s landscape and buffer ordinance requirements. It appears the parking along the front of the property may not meet city code requirements upon right-of-way dedication. Thus, may need to be removed in conjunction with this application. The parking in the rear of the property does not meet minimal city code; have a design professional re-design the parking lot(s) and driveways. Landscaping may be required in conjunction with this application depending upon the amount of rehabilitation to the existing structure and with any new parking areas. 5. PUBLIC WORKS COMMENTS: 1. Forbing Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way forty-five (45) feet from centerline will be required. An additional five (5) foot of right-of-way is required to be dedicated. 2. No parking is allowed within the public right-of-way. The parking design should comply with Chapter 36 of the City of Little Rock Code. 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: NO OBJECTIONS. 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. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. May 16, 2013 ITEM NO.: 3 (Cont.) FILE NO.: Z-3514-A 3 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 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: Fire hydrants (per Code). Maintain access of at least twenty (20) feet. County Planning: No Comments. CATA: The site is located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (APRIL 24, 2013) The applicant was present. Staff presented the item and noted some additional information was needed. Staff requested a signage plan. The applicant was asked if a dumpster would be placed on the site. She responded that there would not. Staff asked if a new exterior lighting would be added. Staff informed the Commission that a copy of the warranty deed for the adjacent property had been provided, indicating the access easement over that property to provide access to the rear of the applicant’s property. Staff noted the Public Works, Landscape and Utility Comments. The Committee was informed that staff would support a franchise to allow continued use of the existing parking located in the May 16, 2013 ITEM NO.: 3 (Cont.) FILE NO.: Z-3514-A 4 front of the site. Staff noted there was sufficient space at the rear of the site to develop a new parking lot, with one way circulation on either side of the building, if Forbing Road were ever widened and the front parking lost. The applicant was advised to provide responses to staff issues by Wednesday, May 1, 2013. The Committee determined there were no outstanding issues and forwarded the item to the full Commission. STAFF ANALYSIS: The applicant is requesting approval of a conditional use permit to allow for the use of the existing, 3,800 square foot building on this I-2 zoned property as a beauty salon. The building was originally constructed as a residence (1950’s ?) but was rezoned to industrial in 1962. The property was originally approximately 1 acre in size and contained this building and the business structure to the west. At some point in the past, the property was split, putting each building on a separate lot. An access easement was created over the lot to the west to provide access to parking behind this building. The building has been occupied by a succession of office and commercial uses. Within the building there are six rooms that will house independent beauty operators/stylists. One room will be a shampoo room only. The interior of the building will be renovated to accommodate the new use. The existing parking lot located at the front of the site will be paved and striped. The six operators will be independent operators and will schedule their own clients. The applicant will own and manage the facility. Proposed hours of operation are Monday – Saturday, 6:00 a.m. – 10:00 p.m. Signage will consist of a wall sign on the front façade of the building. No ground sign is proposed at this time. If one is ever installed, it will comply with code standards for signage in industrial zones. A portion of the existing parking is located in the public right-of-way, behind the sidewalk. An additional 5 feet of r-o-w dedication is required meaning more of the existing parking will be in the right-of-way. Staff is supportive of allowing the existing front parking to remain through a franchise agreement. There is some existing area of parking located behind the building. If Forbing is ever widened and the front parking area lost, there is more than sufficient room behind the building to construct a properly designed, 20-space parking lot. One-way access around the building to and from the rear parking is possible. May 16, 2013 ITEM NO.: 3 (Cont.) FILE NO.: Z-3514-A 5 To staff’s knowledge, there are no outstanding issues. There is no bill of assurance for the property. Allowing use of this existing, I-2 zoned building and property for a beauty salon would not appear to have an effect on surrounding properties. STAFF RECOMMENDATION: Staff recommends approval of the requested CUP subject to compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. Staff recommends approval of the continued use of the existing parking lot located at the front of the site through a franchise agreement subject to a new parking lot being constructed behind the building if Forbing Road is ever widened or if the front parking is lost. Any new parking area must be constructed to comply with all code requirements and plans must be approved by staff. PLANNING COMMISSION ACTION: (MAY 16, 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 as recommended by staff by a vote of 7 ayes, 0 noes, 2 absent, 1 recusal (Finney) and 1 open position. May 16, 2013 ITEM NO.: 4 FILE NO.: Z-8855 NAME: Breaux Duplex – Conditional Use Permit LOCATION: SE corner of West 31st and Longcoy Streets OWNER/APPLICANT: Ashley Breaux PROPOSAL: A conditional use permit is requested to allow for construction of a duplex residence on this vacant, R-3 zoned property. The property consists of 1 1/2 lots. 1. SITE LOCATION: The property is located at the SE corner of West 31st and Longcoy Streets, one block east of John Barrow Road. 2. COMPATIBILITY WITH NEIGHBORHOOD: The site is located near the north edge of the John Barrow Neighborhood. The residential development is somewhat more sparse and there are vacant lots located around the site. New duplexes have been constructed to the north and south, along Tatum Street just to the east. Some single family homes, in a variety of conditions, are located in the immediate area. Commercial uses and zoning are located along John Barrow Road; one block to the west. Allowing this single duplex on a lot and a half does not appear to be incompatible with uses in the area. Notice of the public hearing was sent to all owners of properties located within 200 feet of the site and the John Barrow Neighborhood Association. 3. ON SITE DRIVES AND PARKING: Each unit of the duplex requires 1.5 parking spaces for a total of 3 on-site parking spaces. The applicant proposes to place 4 parking spaces at the rear (east), with a single driveway off of West 31st Street. There is an existing 25’ wide culvert in place where the driveway will be located. The applicant has agreed with Public Works Comment to provide additional pavement width for 31st Street to meet the fire code requirement. 4. SCREENING AND BUFFERS: No Comments. May 16, 2013 ITEM NO.: 4 (Cont.) FILE NO.: Z-8855 2 5. PUBLIC WORKS COMMENTS: 1. Per International Fire Code, at least twenty (20) feet of paved surface should be provided on 31st Street adjacent to subject property. 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: NO OBJECTIONS. 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. 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: Fire hydrants (per Code). Maintain access of at least twenty (20) feet. County Planning: No Comments. May 16, 2013 ITEM NO.: 4 (Cont.) FILE NO.: Z-8855 3 CATA: The site is not located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (APRIL 24, 2013) The applicant was present. Staff presented the item and noted little additional information was needed. Staff commented that any fencing would have to comply with code and all driveways and parking would need to be paved (concrete or asphalt). Public Works and Utility Comments were noted. The applicant was advised to visit with Public Works Staff regarding the potential requirement to widen 31st Street. Staff commented that the neighborhood had requested rear yard parking for other duplex developments in the area. The applicant was advised to visit with the neighborhood. The Committee was informed that there was sufficient room on the site to pull the residence forward and to put parking behind the structure, if necessary. The applicant was advised to have responses for staff by Wednesday, May 1, 2013. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: Ashley Breaux is requesting approval of a conditional use permit to allow for construction of a duplex on the vacant, R-3 zoned property located at the southeast corner of West 31st and Longcoy Streets. The property consists of one and one-half (1 ½) lots measuring a total of 72’ X 138’. The property was at one time occupied by a residence but has been vacant for several years. Associated with the new duplex, the applicant will construct 4 parking spaces at the rear (east) of the lot with access via a single driveway off of West 31st Street. The applicant will provide additional pavement width for West 31st Street to meet the fire code requirement. The applicant states the duplex design is contemporary and the plan is to create a low maintenance, energy-efficient structure which is attractive and functional. Each unit will have 720 square feet of space on the ground floor with 200 square feet in a loft. Each unit will have one bedroom, one bath, a kitchen and a living room with a work hall for washer and dryer and desk area. The loft area may be used for an extended sleeping space or work space. There is attic space for storage. The exteriors will be block and metal with metal roofs. Fencing may be provided. May 16, 2013 ITEM NO.: 4 (Cont.) FILE NO.: Z-8855 4 Staff is supportive of the request. The property is located at the north edge of the neighborhood where existing development is more sparse. New duplexes have been or are currently being constructed in the area; including the southeast corner of this same block. Placement of the structure will meet or exceed required setbacks. Parking for two spaces per unit will be provided. The applicant will provide additional pavement width for the street. The 1907 bill of assurance does not address use issues. STAFF RECOMMENDATION: Staff recommends approval of the conditional use permit subject to compliance with the following conditions: 1. Compliance with the comments and conditions outlined in Sections 5 and 6 of the agenda staff report. 2. All driveways and parking area must be paved (as asphalt or concrete). PLANNING COMMISSION ACTION: (MAY 16, 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 as recommended by staff by a vote of 8 ayes, 0 noes, 2 absent and 1 open position. May 16, 2013 ITEM NO.: 5 FILE NO.: Z-8856 NAME: Entergy Lawson Road Substation – Conditional Use Permit LOCATION: 14134 Lawson Road OWNER/APPLICANT: Emprise, LLC/Entergy Arkansas PROPOSAL: A conditional use permit is requested to allow a utility substation to be constructed on this R-2 zoned, 18.07 acre tract. 1. SITE LOCATION: The site is located outside of the city limits, within the City’s zoning jurisdiction. The property is approximately ¼ mile south of Lawson Road, one mile west of the city limits. 2. COMPATIBILITY WITH NEIGHBORHOOD: The site is a wooded hilltop located in a rural, mostly undeveloped area. Large areas of undeveloped property extend to the south, west and east. A few single family homes on larger tracts are located to north and east, off of Lawson Road. The 18 acre tract is part of a 200+ acre property that has previously been approved for a residential subdivision (Ventana Ridge). The new subdivision will eventually be developed adjacent to the substation. The substation is to occupy the center of the wooded, 18+ acre tract with a wooded buffer to remain around the compound and cleared portion of the site. As much as is possible, the proposed substation appears to be compatible with the neighborhood. Notice of the commission’s public hearing was sent to all owners of properties located within 200 feet of the site and SWLR United for Progress. Notice had previously been sent to property owners within a ¼ mile of the site for a hearing in December 2012 before the Arkansas Public Service Commission. 3. ON SITE DRIVES AND PARKING: In conjunction with the proposed new residential subdivision, a road bed has been created, running off of Lawson Road. Entergy has an access easement corresponding to the road bed. A gravel driveway will be constructed off of the road bed to the substation. A gated entry will be May 16, 2013 ITEM NO.: 5 (Cont.) FILE NO.: Z-8856 2 placed on the driveway to match the architecture of the subdivision. Additional gates will be placed where the driveway enters the actual fenced compound. At the time the road is paved, a portion of the Entergy driveway will be paved to eliminate the tracking of gravel onto the paved road. There is not a parking lot as such for the substation but there is gravel parking area and driveway sufficient to serve any staff or technicians on the site when needed. 4. SCREENING AND BUFFERS: Site plan must comply with the City’s landscape and buffer ordinance requirements. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. 5. PUBLIC WORKS COMMENTS: 1. No Comments. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Outside Service Boundary, no comment. Entergy: Approved as submitted. 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. A water main extension will be needed to provide water service to this property. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. May 16, 2013 ITEM NO.: 5 (Cont.) FILE NO.: Z-8856 3 The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer’s expense. Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. Contact Central Arkansas Water regarding the size and location of the water meter. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. 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. 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. The facilities on-site will be private. When meters are planned off private lines, private facilities shall be installed to Central Arkansas Water’s material and construction specifications and installation will be inspected by an engineer, licensed to practice in the State of Arkansas. Execution of Customer Owned Line Agreement is required. Fire Department: LRFD: Mutual Aid Agreement. Fire hydrants per Code and maintain access of at least twenty (20) feet. May 16, 2013 ITEM NO.: 5 (Cont.) FILE NO.: Z-8856 4 Crystal FPD: Install fire hydrant on Lawson Road in vicinity of access road to site as per agreement with Entergy and Crystal FPD. Access to the gated compound is to be provided (knox boxes?). County Planning: No Comments. CATA: Site is located outside of service boundary. SUBDIVISION COMMITTEE COMMENT: (APRIL 24, 2013) The applicants were present. Staff presented the item and noted little additional information was needed. Staff requested some information on the anticipated height of the structures and a signage plan, if signage was proposed. Staff stated all areas indicated as wooded buffers were to be marked and protected with orange contractor’s fencing prior to any site work commencing and the location if the fencing was to be verified by staff. Staff stated the driveway apron and a portion of the driveway were to be paved at the time the new street was paved to prevent gravel from being pulled into the street. Comments from the other reviewing agencies were presented. The applicants were advised to provide responses to staff issues by Wednesday, May 1, 2013. The Committee forwarded the item to the full Commission after determining there were no other issues. STAFF ANALYSIS: Entergy Arkansas is requesting approval of a conditional use permit to allow for construction of a utility substation on this unimproved, R-2 zoned, 18.07 acre tract. The 18.07 acre tract is located within a 200+ acre property that has previously been approved for a residential subdivision (Ventana Ridge) . A road bed has been created off of Lawson Road, through the 200 acres. The 18.07 acre tract fronts on the new road. A driveway will extend off of the road approximately 400 feet to the actual substation site. The property is not within the city limits but is in the City’s zoning jurisdiction. For several years, Entergy has been working to locate a substation in this general area. The continual increase of planned commercial and residential development in the surrounding area, along with the current substation for this area being at capacity, has made it necessary for EAI to construct a new distribution substation facility to adequately serve the area in the future. May 16, 2013 ITEM NO.: 5 (Cont.) FILE NO.: Z-8856 5 The property is located east of an existing Entergy 115kV transmission line. A new transmission line will extend from the substation, across the new road, to the 115kV line. The 18.07 acre tract is located approximately 1,400 feet south of Lawson Road. Although the tract is located within the 200+ acres previously approved for Ventana Ridge, it will not be part of the subdivision and will have no bill of assurance. An access easement and utility easement are located over the new road to provide access from Lawson Road to the site. No on-site water or wastewater systems are existing or proposed. Entergy has agreed to fund the installation of an additional fire hydrant on Lawson Road at the request of the Crystal VFD. A 250’ X 350’ area located in the middle of the 18.07 acre site will be fenced with a six foot tall chain link fence with barbed wire, enclosing the electrical operating facilities. The site is currently in mature forest cover. In general, this forest cover will remain as buffer and landscaping screening outside the proposed limits of clearing within the site. An area around the fenced compound will be cleared as will a pathway for the connecting transmission lines. The applicant estimates approximately half of the site to be cleared with the remainder to be preserved in its current mature wooded state. The noise level from the equipment in the substation will be approximately 50dB. Household items noise level range from 43dB for a refrigerator to 60dB in a normal adult conversation. Low-level operational lighting with additional emergency lighting will be placed within the fenced compound. Signage on the site will be as is typical for an Entergy Substation; informational, caution, instructional. Entergy will install a proper apron and 50 feet of paved driveway at the time the new road is constructed and paved. The remainder of Entergy’s driveway into and within the substation will remain gravel. Staff is supportive of the proposal. STAFF RECOMMENDATION: Staff recommends approval of the requested CUP subject to compliance with the following conditions: 1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. 2. Lighting is to be low-level and directional, shielded downward and into the site. May 16, 2013 ITEM NO.: 5 (Cont.) FILE NO.: Z-8856 6 3. Prior to any site clearing, the wooded buffer areas are to be marked and protected with orange contractor’s fencing. The location of the fencing is to be confirmed by staff prior to any site work commencing. Staff recommends approval of a variance to allow the driveway into and within the substation to be gravel subject to a proper driveway apron and 50 feet of driveway paving being installed at the time the new road is constructed and paved. PLANNING COMMISSION ACTION: (MAY 16, 2013) The applicants were present. There were three (3) persons present who had stated they were interested in the item but were not there to object. One (1) letter of opposition had been received by staff and forwarded to the commissioners. Staff presented the item and recommended approval as outlined in the “staff recommendation” above. Staff added the following condition at the request of two (2) of the citizens present in interest and at the agreement of the applicant: 4. Prior to commencing any site work and throughout construction of the Entergy substation project, the access road from Lawson Road to the Entergy site is be kept watered as per common industry practice to reduce dust caused by traffic on the access road. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff by a vote of 8 ayes, 0 noes, 2 absent and 1 open position. O V W W O O cn� c O ) CD J CL LU C31 Q) 0 Q c (L) aD w cr} U LU iso .. r�A.J m vy-1 LU 0 L1J � 1 CUmmzC�C~n� m Q < m LU 0 C w C Q z F Q - �:�-' < U LU � crf T LU z �D - � 0-� p zU0 z Q < C) C31 Q) 0 Q c (L) aD w cr} U LU iso .. r�A.J m vy-1 LU 0 L1J LU m�co LU mmUO�L�� � LU U) 0 CD Cl) © Z 0U)W= U 2-� Q - >- 1 =(-) zri� < W 2E 0 C31 Q) 0 Q c (L) aD w cr} U LU iso .. r�A.J m vy-1 LU 0 L1J May 16, 2013 There being no further business before the Commission, the meeting was adjourned at 4:07 p.m. k)12 Date �% �- r4uk"� -, - cret 7 C airma