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pc_01 06 2011 LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING MINUTE RECORD JANUARY 6, 2011 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present being eight (8) in number. II. Members Present: Tom Brock William Changose J. T. Ferstl Dan Harpool Troy Laha Obray Nunnley, Jr. Bill Rector Jeff Yates Members Absent: Janet Dillon Two Open Positions City Attorney: Cindy Dawson III. Approval of the Minutes of the November 18, 2010 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING JANUARY 6, 2011 4:00 P.M. I. OLD BUSINESS: Item Number: File Number: Title A. Z-8420-A Love N Care Day Care Center – Revised Conditional Use Permit 4110 East 37th Street B. Z-4649-C First Baptist Church Highland Park – Conditional Use Permit and Alley Right-of-Way Abandonment 3800 West 18th Street; Block 12, Braddock’s Addition II. NEW BUSINESS: Item Number: File Number: Title 1. G-23-424 Alley – Right-of-Way Abandonment Block 282, Original City of Little Rock 2. Z-8627 Steed Group Care Facility – Special Use Permit 2308 S. Summit Street 3. Z-3150-J Rezoning from C-4 to C-3 (with condition) 9222 Interstate 30 4. G-25-209 West 19th Street Name Change to Annie Abrams Street West 19th – From Main Street to Woodrow Street 5. Z-3859-A GEO Group Correctional Facility – Conditional Use Permit 615 West Markham Street 6. Z-6974-B City of Faith Correctional Facility – Conditional Use Permit 1401 S. Garfield Street Agenda, Page Two II. NEW BUSINESS: (CONTINUED) Item Number: File Number: Title 7. Z-8618 Courtney Single-Wide Manufactured Home Accessory Dwelling – Conditional Use Permit 14115 Lawson Road 8. Z-8619 White Accessory Dwelling – Conditional Use Permit 3205 Valley Park Drive 9. Z-8624 Pearson Accessory Dwelling – Conditional Use Permit 16515 Whippoorwill Lane 10. Z-8625 Exalters of Christ Day Care – Conditional Use Permit 8923 Sunset Lane 11. Z-8599-B Arkansas Baptist College Dining Hall – Conditional Use Permit 1600 Martin Luther King Blvd. 12. Z-8626 Arkansas Baptist College Welcome Center – Conditional Use Permit and West 17th Street Right-of- Way Abandonment 1700 Martin Luther King Blvd. 'F a � 3�Id b317}'gr j f w �•� CD z. [df Y ruc+Mlir 6s -- >I 9"OHI. NVO a° s F ....r..y o - w x _ T£RSTATE 53 - �f93db�g,y31 ry! -IS M:3y`44y -}y i7a 83H3!!0 Q - _._ . HUaVS �•�••� G �ry01�'U21t w L._ U f^ C) S a � ARG44 ST w ■ r� co a) E �. -0 +r' a - r z 1 'F a � 3�Id b317}'gr j f w �•� CD z. [df Y ruc+Mlir 6s -- >I 9"OHI. NVO a° s F ....r..y o - w x _ T£RSTATE 53 - �f93db�g,y31 ry! -IS M:3y`44y -}y i7a 83H3!!0 Q - _._ . HUaVS �•�••� G �ry01�'U21t w L._ U f^ C) S a � ARG44 ST �3? .7 ©+ W I : Y w +r' a - � - - z • L ! try _ Z "� S`- +Nl2fdS {3aV7lN 2 `Of7[.1'dRryif;71H r (j A of ;� sa�nlNn s 0 d aaSomwa �i '7 p CM sAuvas IIII dTIQN�fd 1 t sh d • �^�`� //� of �� � � cc. csa t{S�PH3 � afOAN3Sam NHor J` fm H1Sa3 -- 3- _ Oa 51QtlVS 1 GCS. 3I'VPSYi ?1 1 J F f �*• $ �.i I '...� r Q.i' - {3a 3`J0111 ALA �3? .7 ©+ W I : Y w 2 `Of7[.1'dRryif;71H w Q; of p CM sAuvas IIII dTIQN�fd 1 t sh d / �3? .7 ©+ W I : Y January 6, 2011 ITEM NO.: A FILE NO.: Z-8420-A NAME: Love N Care Day Care Center – Conditional Use Permit LOCATION: 4110 East 37th Street (College Station) OWNER/APPLICANT: James Washington PROPOSAL: A revision to the previously approved Conditional Use Permit for the day care center is requested as a result of the site not being developed as per the approved site plan. 1. SITE LOCATION: The site is located on the north side of East 37th Street, one block west of Bankhead Drive, in the College Station community. 2. COMPATIBILITY WITH NEIGHBORHOOD: The site is located outside of the city limits, within the City’s zoning jurisdiction. The property is located in the area impacted by the 1997 tornado and many of the properties in the immediate vicinity remain vacant. The day care center and the applicant’s home are adjacent to the east. Undeveloped, wooded property is adjacent to the north and to the east of the existing day care. The building slab and parking lot remain from the former site of the county health department, which was located at 37th and Bankhead. Two single-family residences and a 4-unit apartment building are located to the south. The site is located just off Bankhead, a collector street, in an area that is in need of reinvestment. Staff believes the use is compatible with the neighborhood. All owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and the College Station Neighborhood Association were notified of this request. 3. ON SITE DRIVES AND PARKING: The new building was approved to accommodate 62 children with 8 employees, requiring 14 parking spaces. The plan approved by the Commission on January 8, 2009 showed the construction of a new driveway off of East 37th Street and an 11 space parking lot to be located between the building and the street. Additional parking is available and being used at the other part of the applicant’s day care, located adjacent to the east. January 6, 2011 ITEM NO.: A (Cont.) FILE NO.: Z-8420-A 2 Under the revision proposed of the applicant, an existing driveway off of East 37th Street was used and parking has been located along the east side of the new building. The new parking ties into the existing parking and drive that serves the portion of the day care operation to the east. It appears 11 spaces are still being provided. 4. SCREENING AND BUFFERS: Site plan must comply with the City’s landscape and buffer ordinance requirements. The zoning street buffer requires a nine-foot (9’) wide street buffer along 37th Street. This is measured after any right-of-way dedication. Removal of asphalt/concrete may be required in conjunction with this application. The Landscape Ordinance requires a nine-foot (9’) wide perimeter landscape strip around the site’s entirety. This may require the removal of asphalt/concrete in conjunction with this application. A variance must be obtained from the City Beautiful Commission for any deviation from this minimal City ordinance requirement. The Landscape Ordinance requires that a minimum of eight percent (8%) of the interior of the parking lot be green space. Currently, it appears this minimal amount isn’t being met. A variance from this minimal City ordinance requirement must be obtained from the City Beautiful Commission. A small amount of building landscaping is required. 5. PUBLIC WORKS COMMENTS: 1. Due to the proposed use of the property, the Master Street Plan specifies that 37th Street for the frontage of this property must meet commercial street standards. A dedication of right-of-way from centerline is required. Show or verify the centerline of the 37th Street right-of-way. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. Entergy: No comments received. Centerpoint Energy: No comments received. January 6, 2011 ITEM NO.: A (Cont.) FILE NO.: Z-8420-A 3 AT&T (SBC): No comments received. Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer’s expense. Please submit plans for water facilities and/or fire protection 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. 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) required that upon installation of the RPZA, successful test of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by Central Arkansas Water. The test results must be sent CAW’s Cross Connection Section within ten (10) 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. Fire sprinklers and fire hydrant may be required. County Planning: No Comments. January 6, 2011 ITEM NO.: A (Cont.) FILE NO.: Z-8420-A 4 SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 16, 2010) The applicant was present. Staff presented the item and noted the applicant needed to indicate the playground area, fencing and landscape areas on the site plan. When questioned about the ramp that had been installed at the front of the building, Mr. Washington responded that he had been told by the LRFD Fire Marshall that he needed to provide the additional exit and ramp to satisfy fire codes. Public Works, Utility and Landscape Comments were noted. The applicant was advised to have his surveyor indicate the street right-of-way and centerline on the survey so that it could be determined if right-of-way dedication was required. The applicant was advised to respond to staff issues by September 22, 2010. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: On January 8, 2009, the Commission approved a C.U.P. to allow for construction of a new building to accommodate expansion of the existing day care center on this R-3 zoned property. The approval included the construction of a 9,785 square foot building and an 11-space parking lot to be located between the building and the street. The applicant already operated a day care center on the property adjacent to the east with a capacity of 48 children. The new building accommodates an additional 62 children and 8 employees. Day and hours of operation were approved as 5:00 a.m. to 11:30 p.m., Monday through Friday with the possibility of expanding to Saturday and Sunday if the demand should arise. The property is located outside of the city limits but within the City’s zoning jurisdiction. Since the property is outside the city limits, no building permit was required. The building was subsequently constructed different from the approved plan. The building as constructed contains 7,150 square feet and parking has been located on the east side of the building. The previously approved plan had the building with a front yard setback of 74± feet to accommodate the parking lot. The building has actually been constructed with a setback of 25 feet with a porch and ramp extending into the setback. The other building setbacks meet or exceed those approved in 2009. Additionally, the required right-of-way was not dedicated. An additional 10 feet of right-of-way is needed which will result in a building setback of 15 feet. A ramp which has been installed at the southwest face of the building would actually be located in the right-of-way. No changes in any of the other previously approved aspects of the day care center are proposed. January 6, 2011 ITEM NO.: A (Cont.) FILE NO.: Z-8420-A 5 Although it is unfortunate that the applicant chose not to follow the approved plan, none of the changes are “fatal” in nature. The parking as constructed provides the same number of spaces as was previously approved. Some minor changes will need to be made to the plan to provide the required landscape and screening. The playground area behind the building will need to be enclosed by a 6 foot wood privacy fence as was previously required. Right-of-way dedication must be completed. The ramp on the front of the building must be redesigned so that it will not be in the new right-of-way. Allowing the reduced setback, once right-of-way is dedicated, should not have any real impact. The building will still physically line-up with the couple of other buildings existing on the street. If approved, staff will monitor the site to assure completion and compliance. STAFF RECOMMENDATION: Staff recommends approval of the revised CUP subject to compliance with the following conditions: 1. Compliance with the conditions outlined in Section 6 in the previous C.U.P. approval dated January 8, 2009 (Z-8420). 2. Right-of-way is to be dedicated to 30 feet from centerline of East 37th Street (an additional 10 ft. of right-of-way). 3. The ramp on the southwest corner of the front of the building is to be removed and redesigned so that it does not extend into the new right-of-way. 4. The playground area is to be enclosed by a 6 ft. tall wood privacy fence. 5. The parking located on the north side of the site, east of the building is to be redesigned to provide the required 6.75 feet of landscape area. Staff recommends approval of the reduced front yard setback, once right-of-way is dedicated. PLANNING COMMISSION ACTION: (OCTOBER 7, 2010) The applicant was not present. There were no objectors present. Staff informed the Commission that the applicant had failed to send the required notices. Staff recommended deferral of the item to the November 18, 2010 meeting. There was no further discussion. The item was placed on the consent agenda and approved for deferral by a vote of 11 ayes, 0 noes and 0 absent. January 6, 2011 ITEM NO.: A (Cont.) FILE NO.: Z-8420-A 6 PLANNING COMMISSION ACTION: (NOVEMBER 18, 2010) The applicant was not present. There were no objectors present. Staff informed the commission that the applicant had failed to send the required notices. Staff recommended deferral of the item to the January 6, 2011 meeting. There was no further discussion. The item was placed on the consent agenda and approved for deferral by a vote of 8 ayes, 0 noes, 1 absent and 2 open positions. PLANNING COMMISSION ACTION: (JANUARY 6, 2011) 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, 1 absent and 2 open positions. January 6, 2011 ITEM NO.: B FILE NO.: Z-4649-C NAME: First Baptist Church Highland Park – Conditional Use Permit and Alley Right-of-Way Abandonment LOCATION: 3800 West 18th Street; Block 12, Braddock’s Addition OWNER/APPLICANT: First Baptist Church Highland Park PROPOSAL: A conditional use permit is requested to allow for the construction of a new church sanctuary building and parking lot on this vacant, R-3 zoned property. Abandonment of the alley and of easements located in a portion of the alley is also requested. STAFF REPORT: On November 3, 2010, the applicant requested deferral of this item to allow additional time to address site plan issues. Staff recommends deferral of the item to the January 6, 2011 meeting. PLANNING COMMISSION ACTION: (NOVEMBER 18, 2010) The applicant was not present. There were no objectors present. Staff informed the commission that, on November 3, 2010, the applicant had requested deferral of the item to the January 6, 2011 meeting. Staff recommended approval of the deferral request. There was no further discussion. The item was placed on the consent agenda and approved for deferral by a vote of 8 ayes, 0 noes, 1 absent and 2 open positions. STAFF UPDATE: The applicant did not submit updated plans or responses prior to the December 9, 2010 Subdivision Committee meeting. Staff recommends deferral of the item to the February 24, 2011 Commission meeting. PLANNING COMMISSION ACTION: (JANUARY 6, 2011) The applicant was not present. There were no objectors present. Staff informed the Commission that the applicant had not submitted updated plans or responses prior to the December 9, 2010 Subdivision Committee meeting. Staff January 6, 2011 ITEM NO.: B (Cont.) FILE NO.: Z-4649-C 2 recommended deferral of the item to the February 24, 2011 meeting. There was no further discussion. The item was placed on the consent agenda and approved for deferral by a vote of 8 ayes, 0 noes, 1 absent and 2 open positions. January 6, 2011 ITEM NO.: 1 FILE NO.: G-23-424 Name: Alley – Right-of-Way Abandonment Location: Block 282, Original City of Little Rock (block bounded by Daisy Bates Drive, West 15th Street, Ringo Street and Cross Street) Owner/Applicant: Mount Pleasant Baptist Church and Leon and Naomi Adams/Al Williams Request: To abandon the north/south ten (10) foot wide alley right-of-way located within Block 282, Original City of Little Rock. Purpose: To allow construction of a covered loading/unloading canopy over a portion of the alley right-of-way. PROPOSAL/REQUEST: The applicants, Mount Pleasant Baptist Church and Leon and Naomi Adams, are requesting to abandon the north/south ten (10) foot wide alley right-of-way located within Block 282, Original City of Little Rock. The block is bounded by Daisy Bates Drive, West 15th Street, Ringo Street and Cross Street. The abandonment is requested in order to construct a covered loading/unloading area over the alley right-of-way on the west end of the existing church building, within the northeast portion of the block. STAFF REVIEW : A. Public Need for this Right-of-Way: As noted in paragraph G., none of the utility companies object to the abandonment request. Three (3) of the utility companies request the area be retained as a utility easement. The Public Works Comment is as follows: • No drainage from City property or right-of-way drains to the alley. B. Master Street Plan: There are no Master Street Plan issues associated with this abandonment request, as the right-of-way is not classified as a collector street or higher. January 6, 2011 ITEM NO.: 1 (Cont.) FILE NO.: G-23-424 2 C. Characteristics of Right-of-Way Terrain: The alley right-of-way is currently paved to an approximate width of ten (10) feet. It serves as a through access between Daisy Bates Drive and West 15th Street. Mount Pleasant Baptist Church is located within the northeast portion of the block, with Ringo Cleaners located at the southeast corner of the block. The church parking lot is located at the northwest corner of the block. The church also owns three (3) single family structures within the block. D. Development Potential: The abandonment is requested in order to construct a covered loading/unloading area over the alley right-of-way on the west end of the existing church building, within the northeast portion of the block. E. Neighborhood and Land Use Effect: Mount Pleasant Baptist Church owns the entire block, with the exception of Lot 7 and a small portion of Lot 8 (southeast corner of the block), which is owned by Leon and Naomi Adams (Ringo Cleaners). The alley right-of- way is only used to access properties owned by the church and cleaners. F. Neighborhood Position: The Downtown and Central High Neighborhood Associations were notified of the abandonment request. As of this writing, staff knows of no objectors to the abandonment request. G. Effect on Public Services or Utilities: Wastewater: No objection to abandonment. Retain entire area of right-of- way as a utility easement. Entergy: No objection to abandonment. Retain entire area of right-of-way as a utility easement. Centerpoint Energy: No objection to abandonment. AT&T (SBC): No objection to abandonment. Retain entire area of right- of-way as a utility easement. Water: No objection to abandonment. January 6, 2011 ITEM NO.: 1 (Cont.) FILE NO.: G-23-424 3 Fire Department: Place fire hydrant per code. Contact Fire Marshall’s office at 918-3754 for details. H. Reversionary Rights: Information submitted by an abstract company notes that there were no reversionary clauses/rights found of record. Based on the fact that the alley right-of-way is within the Original City of Little Rock, the City will retain ownership of the area after abandonment. The applicant must follow the established procedure to purchase the property from the City after abandonment. The applicant has been provided a copy of the procedure. Also, based on the fact that three (3) of the utility companies request the alley right-of-way area be retained as an easement, the applicant must submit an application to the Board of Adjustment to construct anything over the easement. This application will be required after the church purchases the property from the City, and prior to a building permit application for the covered loading/unloading canopy addition to the existing church building. I. Public Welfare and Safety Issues: Abandoning this alley right-of-way will have no adverse impact on the public welfare and safety. The Little Rock Fire Department has reviewed and approved the abandonment request. SUBDIVISION COMMITTEE COMMENT: (DECEMBER 9, 2010) Al Williams was present, representing the application. Staff briefly described the abandonment request, noting that there were no outstanding issues. Staff noted that the area would be retained as a utility easement. Staff explained that the alley right-of-way was Original City of Little Rock and after abandonment the applicant(s) would have to follow a procedure to purchase the property from the City. Staff also noted that an easement variance would be needed for the future canopy construction. After the discussion, the Committee forwarded the application to the full Commission for resolution. STAFF RECOMMENDATION: Staff recommends approval of the request to abandon the north/south ten (10) foot wide alley right-of-way located within Block 282, Original City of Little Rock, subject to the entire area of abandonment being retained as a utility and drainage easement. January 6, 2011 ITEM NO.: 1 (Cont.) FILE NO.: G-23-424 4 PLANNING COMMISSION ACTION: (JANUARY 6, 2011) 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, 1 absent and 2 open positions. January 6, 2011 ITEM NO.: 2 FILE NO.: Z-8627 NAME: Steed Group Care Facility – Special Use Permit LOCATION: 2308 S. Summit Street OWNER/APPLICANT: Kelly Steed/Gene Biggs PROPOSAL: A Special Use Permit is requested to allow a Group Care Facility to be operated in the single-family residence located on the R-4 zoned property at 2308 S. Summit Street. A. Public Notification: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the Wright Avenue, Central High and South End Neighborhood Associations were notified of the public hearing. B. Public Work Issues: The R-4 zoned property at 2308 S. Summit Street is occupied by a two- story frame residential structure. A paved alley right-of-way is located along the rear (west) property line. The rear yard is fenced with a six (6) foot high wood fence. A drive-through gate is located at the northwest corner of the property, with a concrete parking pad for two (2) vehicles within the rear yard area. On-street parking is allowed along S. Summit Street. All surrounding properties are zoned R-4 and contain single-family residential structures or are vacant lots. The applicants, Gene Biggs and Kelly Steed (Little Rock Outreach), are requesting a special use permit to allow operation of a group care facility within the residential structure on the R-4 zoned property at 2308 S. Summit Street. The applicants propose the group care facility for up to twelve (12) female residents. The applicants note that an average of four (4) female residents have lived on the site for the past two (2) years. The applicants note that life skill classes will be provided by Little Rock Outreach to the residents. There will be no live-in staff. Staff members will drop by the residence periodically each day to supervise/interact with the residents. The applicants note that one (1) staff member will visit the site two (2) times per day (morning and afternoon) for two (2) hours per visit. January 6, 2011 ITEM NO: 2 (Cont.) FILE NO.: Z-8627 2 Following is the definition of a group care facility as found in Section 36-3 of the City’s Zoning Ordinance: “Group care facility means a facility providing shelter, counseling and other rehabilitative services to more than six (6) but fewer than sixteen (16) residents and not more than three (3) staff or supervisory personnel. The individuals require some level of supervision or care; however, no medical or nursing care shall take place on the site. The facility shall be licensed and/or approved by the State of Arkansas.” The applicant notes that the total area of the residential structure is 2,132 square feet. The applicants propose to house the residents in six (6) bedrooms as follows: Bedroom 1 – 183.5 sq. ft. – 2 residents Bedroom 2 – 118.8 sq. ft. – 1 resident Bedroom 3 – 136.49 sq. ft. – 2 residents Bedroom 4 – 123.1 sq. ft. – 1 resident Bedroom 5 – 217.36 sq. ft. – 2 residents Bedroom 6 – 284.24 sq. ft. – 4 residents Section 8-406(a) of the City’s Buildings and Building Regulations Ordinance (minimum area per dwelling unit) requires 150 square feet for the first occupant and 100 square feet for each additional occupant. Therefore, the minimum area for a residence occupied by 12 persons is 1,250 square feet. As noted earlier the residential structure contains 2,132 square feet. Section 8-406(b) (minimum area per bedroom) requires 70 square feet for the first occupant and 50 square feet for each additional occupant. The occupancy for the bedrooms as proposed conforms to this ordinance requirement. Section 36-54(e)(4) of the City’s Zoning Ordinance provides the following provisions, as adopted by the Board of Directors on September 6, 2005: 1. family care facility, group care facility, group home, parolee or probationer housing facility, rooming, lodging and boarding facility. (a) Separation, spacing and procedural requirements for family care facilities, group care facilities, group homes, parolee or probationer housing facilities and rooming, January 6, 2011 ITEM NO: 2 (Cont.) FILE NO.: Z-8627 3 lodging and boarding facilities will be determined by the Planning Commission so as not to adversely impact the surrounding properties and neighborhood. Unless the commission determines that a different area is more appropriate, a neighborhood shall be defined as an area incorporating all properties lying within one thousand five hundred (1,500) feet of the site for which the permit is requested. (b) There shall be a presumption that a special use permit for a group home of 5, 6, 7, or 8 handicapped persons will be granted if all ordinance requirements are met, except that individuals whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others shall not be allowed in such a home. (c) Issues that the planning commission will consider during its review of a family care facility, group care facility, group home, parolee or probationer housing facility, or rooming, lodging and boarding facility include, but are not limited to: 1. Spacing of existing similar facilities. 2. Existing zoning and land use patterns. 3. The maximum number of individuals proposed to be served, the number of employees proposed and the type of services being proposed. 4. The need and provision for readily accessible public or quasi-public transportation. 5. Access to needed support services such as social services agencies, employment agencies and medical service providers. 6. Availability of adequate on-site parking. (d) The Fire Marshal must approve the use of any structure proposed as a family care facility, group care facility, group home, parolee or probation housing facility or rooming, lodging and boarding facility. January 6, 2011 ITEM NO: 2 (Cont.) FILE NO.: Z-8627 4 (e) Family care facilities, group care facilities, group homes and parole or probation housing facilities shall be operated within any and all applicable licensing and procedural requirements established by the State of Arkansas. The site is not located on a CATA bus route. Bus Route #14 (Rosedale Route) runs along S. Schiller Street, one-half block to the west. The applicant submitted a copy of a Bill of Assurance for this neighborhood. The document appears to have been recorded in 1892. It is hand-written and not very legible. It likely addresses no use issues. An area survey conducted by staff revealed that there is one (1) other similar residential living facility within 1,500 feet of this property. The Gyst House is located at 1908/1912 Park Street to the northwest. The Gyst House is a group home facility for twelve (12) residents. In response to a question raised at the Subdivision Committee meeting regarding the parking plan for the site, the applicant provided the following information: “Over the course of the last two years we have not had a parking problem because only 50% of the residents have vehicles at any given time. As there are several vacant homes and lots in the area, we have not disrupted the parking of any of our neighbors. When we have had gatherings etc., we have let the neighbors know and they have been very helpful in allowing us to use the street parking as long as we are mindful of where they park. We also have a parking area in the back of the house and we will be able to double that parking area when we have 12 occupants. We can then have ample parking for staff and residents. We determine who is ready to have and operate an automobile, thereby determining how many vehicles are on the property at any time.” Staff does not support the requested Special Use Permit to allow a group care facility at 2308 S. Summit Street. Although the number of residents proposed with respect to the overall size of the structure conforms to Section 8-406 of the code, staff believes the request for 12 residents is too many for a single-family residential setting. Staff feels the number of residents proposed for the group care facility pushes the proposed group care facility into more of an institutional category rather than a family home January 6, 2011 ITEM NO: 2 (Cont.) FILE NO.: Z-8627 5 environment. Staff believes the intent of the ordinance is to allow smaller number of individuals to live together in a single-family home setting. Given the occupancy level proposed for the group care facility use being more institutional in nature, staff believes the use would be more appropriate within an area adjacent to a major roadway; an area where other institutional uses exist. The proposed group care facility is located within a residential area, surrounded entirely by single-family residential properties. Additionally, staff has a concern regarding parking for the proposed facility. Staff does not believe adequate parking exists for a group care facility with 12 residents. C. Subdivision Committee Comments: (DECEMBER 10, 2010) Kelly Steed was present, representing the application. Staff briefly described the proposed group care facility use. Staff noted that some additional information was needed regarding staff visits to the site, parking and area of residence/bedrooms. Staff also noted that an area survey was being conducted to identify other similar living facilities within 1,500 feet of the site. Issues relating to parking and number of bedrooms were briefly discussed. After the discussion, the Committee forwarded the application to the full Commission for final action. D. Staff Recommendation: Staff recommends denial of the requested Special Use Permit to allow a group care facility at 2308 S. Summit Street. PLANNING COMMISSION ACTION: (JANUARY 6, 2011) Gene Biggs and Kelly Steed were present, representing the application. There was one (1) objector present. The applicants requested deferral of the application to the February 24, 2011 Planning Commission Agenda due to the fact that only eight (8) Planning Commissioners were present. The deferral was offered by the Commission and not charged to the applicant. There was a motion to defer the application to the February 24, 2011 Agenda. The motion passed by a vote of 8 ayes, 0 noes, 1 absent and 2 open positions. The application was deferred. January 6, 2011 ITEM NO.: 3 FILE NO.: Z-3150-J Owner: Triumphant Deliverance Fellowship International, Inc. Applicant: Ronald Bailey Location: 9222 Interstate 30 Area: 3.572 Acres Request: Rezone from C-4 to C-3 (with condition) Purpose: Church Existing Use: Vacant commercial building SURROUNDING LAND USE AND ZONING North – Multifamily development; zoned MF-18 South – Mixed commercial and industrial uses (across I-30); zoned C-4 and I-2 East – Undeveloped property and church facility; zoned C-4 and PD-C West – Mini-warehouse and multifamily developments (across Chicot Road); zoned C-3 and MF-18 A. PUBLIC WORKS COMMENTS: 1. If any street or drainage improvements are proposed, obtain permits for improvements within State Highway right-of-way from AHTD, District VI. B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a CATA bus route. Route #17 (Mabelvale – Downtown Route) runs along Mabelvale Pike to the northeast. C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the Town and Country, South Brookwood Ponderosa and SWLR United for Progress Neighborhood Association were notified of the rezoning request. January 6, 2011 ITEM NO: 3 (Cont.) FILE NO.: Z-3150-J 2 D. LAND USE ELEMENT: This request is located in the Geyer Springs West Planning District. The Land Use Plan shows Commercial for this property. The applicant has applied for a rezoning from C-4 to C-3 with conditions. The request does not require a change to the Land Use Plan. This area is covered by the 65th Street West Neighborhood Plan. Their Land Use and Zoning Goal states: “Ensure that non residential development and multifamily development in the area be limited to areas currently reserved for such uses on the Future Land Use Plan or in areas currently zoned for non residential and multifamily uses.” Master Street Plan: Interstate 30 is a Freeway and is regulated by the Arkansas State Highway Department. Chicot Road is a Collector. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. 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 III bikeway is shown along Chicot Road. A Class III bikeway is a signed route on a street shared with traffic. No additional paving or right- of-way is required. Class III bicycle route signage may be required. E. STAFF ANALYSIS: Triumphant Deliverance Fellowship International, Inc., owner of the 3.572 acre property located at 9222 Interstate 30, is requesting to rezone the property from “C-4” Open Display District to “C-3” General Commercial District (with condition). The rezoning is proposed to allow use of the existing commercial development as a church facility. The property is located at the northeast corner of I-30 and Chicot Road. The following condition is proposed for the requested “C-3” rezoning: • The following uses will not be permitted uses of the C-3 zoning: – beverage shop – bar, lounge or tavern – event center – private club with dining or bar service – sexually oriented business January 6, 2011 ITEM NO: 3 (Cont.) FILE NO.: Z-3150-J 3 The property is currently occupied by a one-story metal commercial building located within the north half of the property. Paved parking is located on the north, south and east sides of the building. There is a driveway from the I-30 access road along the south property line. There is also a driveway access from Chicot Road, near the northwest corner of the property. A guard shack-type structure is located within the south portion of the property. The majority of the property is currently fenced. The general area contains a mixture of zoning and uses. Multifamily developments are located to the north and west (across Chicot Road). A mini-warehouse development on C-4 zoned property is also located to the west. There is a mix of commercial and industrial uses located across I-30 to the south. Undeveloped property and a church facility are located immediately to the east. The City’s Future Land Use Plan designates this property as Commercial. The requested C-3 zoning (with condition) does not require a Land Use Plan Amendment. Staff is supportive of the requested rezoning to C-3 (with condition). Staff views the request as reasonable. The proposed C-3 zoning will present a continuation of the commercial zoning pattern in this area, along the north side of Interstate 30. The commercial zoning for the properties to the east and west, along the north side of I-30, extends north to existing residential (multifamily and single family) developments. Staff feels that redevelopment of the site for a church facility will be an appropriate use of the property. Staff believes the proposed C-3 zoning (with condition) will have no adverse impact on the adjacent properties or the general area. F. STAFF RECOMMENDATION: Staff recommends approval of the requested C-3 zoning, subject to the following condition: • The following uses will not be permitted uses of the C-3 zoning: – beverage shop – bar, lounge or tavern – event center – private club with dining or bar service – sexually oriented business January 6, 2011 ITEM NO: 3 (Cont.) FILE NO.: Z-3150-J 4 PLANNING COMMISSION ACTION: (JANUARY 6, 2011) 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, 1 absent and 2 open positions. January 6, 2011 ITEM NO.: 4 FILE NO.: G-25-209 Name: West 19th Street Name Change Location: West 19th Street, from Main Street to Woodrow Street Petitioner: Muhammad Rasheed, New Africa Alliance Request: To rename West 19th Street, from Main Street to Woodrow Street, to Annie Abrams Street. STAFF REPORT: The Planning Commission and Board of Directors are considering potential changes to the street name change process. Staff is recommending deferral of this request, pending those potential changes. On December 9, 2010, the Subdivision Committee agreed that deferral was appropriate. Staff recommends deferral of the item to the February 24, 2011 Commission meeting. PLANNING COMMISSION ACTION: (JANUARY 6, 2011) The applicant was not present. There were no objectors present. Staff recommended deferral of the item to the February 24, 2011 meeting in light of potential changes to the street name change process being considered by the Planning Commission and Board of Directors. On December 9, 2010, the Subdivision Committee agreed that deferral was appropriate. There was no further discussion. The item was placed on the consent agenda and approved for deferral by a vote of 8 ayes, 0 noes, 1 absent and 2 open positions. January 6, 2011 ITEM NO.: 5 FILE NO.: Z-3859-A NAME: GEO Group Correctional Facility – Conditional Use Permit LOCATION: 615 West Markham OWNER/APPLICANT: Eugene Pfeifer, III/The GEO Group by Randal Frazier, Attorney PROPOSAL: A conditional use permit is requested to allow for the use of this existing, UU zoned property and building as a correctional facility. 1. SITE LOCATION: The site is located on the south side of West Markham Street, east of Gaines Street. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an area of downtown that is characterized by governmental and tourist-oriented uses. City and County office uses and court facilities are located along both sides of West Markham. Not far to the east, the uses transition to tourist and entertainment oriented uses; including Robinson Auditorium, the Statehouse Convention Center, the Old State House and the Doubletree, Peabody and Capitol Hotels. Staff is concerned that placement of this facility at this location could impact the tourist and visitor business which is vital to Little Rock. Additionally, the City operates a program for youth which places several students in various parts of the City Hall complex. One of the requirements for correctional facilities is that they are not to be located within 500 feet of any facility that operates programs for youth. All owners of properties located within 500 feet of the site, all residents within 300 feet who could be identified and the Downtown Neighborhood Association were notified of this request. Additionally, two public hearings were held by the applicant. 3. ON SITE DRIVES AND PARKING: The site contains a paved and landscaped parking lot with 18 spaces. The property is located in the UU zoning district which does not require on-site parking. There is no separate or additional parking requirement for correctional facilities. January 6, 2011 ITEM NO.: 5 (Cont.) FILE NO.: Z-3859-A 2 4. SCREENING AND BUFFERS: If remodeling cost exceeds fifty (50) percent of the building’s replacement value, a corresponding upgrade in landscaping will be required. 5. PUBLIC WORKS COMMENTS: 1. A twenty (20) foot radial dedication of right-of-way is required at the intersection of W. Markham Street and S. Gaines Street. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. Entergy: No comments received. Centerpoint Energy: No comments received. AT&T (SBC): No comments 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: Place fire hydrants per code. County Planning: No Comments. CATA: The site is located on a CATA bus route. January 6, 2011 ITEM NO.: 5 (Cont.) FILE NO.: Z-3859-A 3 SUBDIVISION COMMITTEE COMMENT: (DECEMBER 9, 2010) Glenn Borkowski and Bruce Brown were present representing the application. Staff presented the item and noted there was additional information needed regarding the number of residents and staff. Staff asked the applicants to provide information on the nature of persons to be housed at the facility and what security measures would be implemented. The applicants were asked to provide information on any outside use areas, any proposed fencing and signage. Public Works, Utility and Landscape Comments were noted. Staff noted the proposed facility was located within 500 feet of a facility that operates programs for youth; those administered by the Community Programs Department in City Hall at 500 West Markham Street. The applicants were advised that a variance request would need to be submitted. The applicants were advised to submit responses to staff issues by December 15, 2010. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: Geo Group, Inc. is requesting approval of a conditional use permit to allow use of the existing UU zoned building and parking lot at 615 West Markham Street as a correctional facility. As staff understands, the Federal Bureau of Prisons contract is for 5 years. The current contract is up for renewal and bids are being taken for operation of such a facility. The award date is April 3, 2011 with performance to begin October 1, 2011. Separation, spacing, and procedural requirements for correctional facilities shall be determined by the planning commission so as not to adversely impact the neighborhood. Correctional facilities are subject to the following additional requirements: a. Before a conditional use permit for a correctional facility can be granted, the applicant shall clearly establish the following: 1. All property owners or persons operating a business within five hundred (500) feet of the property line of a proposed correctional facility have received notice by certified mail of the exact location of the property and its intended use; 2. This required notice was sent to each person before any contract for operation of the facility was granted, that this notice properly sets forth the exact procedure and time frame for the person notified to register January 6, 2011 ITEM NO.: 5 (Cont.) FILE NO.: Z-3859-A 4 objections with the appropriate governmental agency, and that proof of such notice is provided as required for conditional use permits; 3. The facility is not located within five hundred (500) feet of the property line of any school, any facility that operates programs for youth, or another correctional facility; 4. The applicant has conducted two (2) public hearings after having first advertised the meetings and location prominently not less than five (5) nor more than seven (7) days prior to each meeting; that such advertisement was prominently displayed and not a mere legal advertisement, in a newspaper with seven (7) days a week county- wide circulation; 5. Procedures are in place should the permit be granted that the chief of police shall be notified within one (1) hour that a resident of the facility has escaped or failed to return when required; 6. Adequate security measures are in place to prevent any resident of the correctional facility from violating subsection (5) more than once in a thirty-day period. b. These requirements for correctional facilities are in addition to any other provisions required for a conditional use permit under this code. These requirements are mandatory and not directory. In the event of a conflict with the other provisions of the code, these requirements shall control. Substantial compliance is not sufficient. Failure to comply with these requirements shall be a basis to deny the permit. Within one hundred twenty (120) days of granting the permit, the permit may be rescinded upon presentation to the planning commission of clear and convincing evidence that the applicant failed to comply with subsections (1) through (4) above. Failure to comply with subsections (5) and (6) two (2) times within a ninety-day period, or the commission of a violent felony by a resident of the correctional facility, shall be a basis for determining that security is inadequate and such determination shall be a cause for immediate revocation of the permit. The planning commission shall establish procedures for presentation of such evidence and for placement of the matter on its agenda for public hearing. c. The terms "group care facility", "rooming or boarding", "community, wel- fare or health care", "establishment for a religious, charitable or philan- thropic organization", "governmental or private recreational uses", and "rooming, lodging or boarding facilities", shall not include a correctional facility as a permitted use. January 6, 2011 ITEM NO.: 5 (Cont.) FILE NO.: Z-3859-A 5 d. Any correctional facility in operation on the effective date of this section shall be required to come into compliance with this section and obtain a conditional use permit within four (4) years of the effective date of this section. The applicant submitted the following information on the proposed use. The proposed GEO Group facility will offer comprehensive programming, a structural support system for its residents, job placement assistance and monitoring of residents 24 hours a day, 7 days a week. Among others, some of the programs at the facility will include job skills training, individual case management including job placement assistance, instruction in classes on personal finances and money management, substance abuse and addiction counseling and individual, family and group counseling. The GEO Group operates 21 facilities of this type in 8 states and has been providing transitional services for federal inmates since 1977. The initial contract with the Federal Bureau of Prisons will be for a resident population of 90 men and women. The staff will consist of 25-30 people. Though offences vary, the majority of the residents will have committed white- collar crimes and drug and substance abuse crimes. In response to a question regarding whether the facility would have sex offenders, the applicant responded: “It has been GEO's experience that the Federal Bureau of Prisons makes no differentiation between the types of offenders re-entry facilities are required to accept. In other words, GEO would be required to accept the same offenders as City of Faith and vice versa. There are a couple of caveats that may cause the questioner to think the City of Faith is not required to accept sex offenders. First, the BOP allows the service provider to decline a violent inmate if they are perceived to be a threat to the community, staff or other residents. This would be the same for GEO and City of Faith. Secondly, a facility would not be required to accept a sex offender if accepting a sex offender would be in conflict with any statutes or local ordinances.” This will not be a lock up facility. Residents will have a 10:00 p.m. curfew and must sign in upon entering the facility and are only permitted to leave for work and other approved matters such as with a pass for family visitation. Staff at the facility must verify the pass upon sign out and will perform random accountability calls while residents are at work and away on passes. If a resident does not return to the facility after normal sign out or after receiving a pass, he or she is referred back to the Federal Bureau of Prisons for reincarceration. January 6, 2011 ITEM NO.: 5 (Cont.) FILE NO.: Z-3859-A 6 The GEO Group implements advisory boards to its facilities and proposes to do the same at this facility. The advisory board will meet once a month and will be comprised of the facility’s director, neighboring property owners and businesses, law enforcement officials, interested citizens and a City Director or such other composition as the City desires or directs. No fencing, signage or outside use areas are proposed. The property is located in the Original City of Little Rock and there is no bill of assurance. Staff is not supportive of the proposed placement of this correctional facility. The site is located within 500 feet of a facility that operates programs for youth. Several of the youth involved in the City’s summer youth jobs program are employed in various City Offices in the immediate area. The applicant is aware of that program and states: “The programs at City Hall are conducted during the daytime during the summer and not all year long, the buildings have significant physical separation and are located in a highly visible and active area in downtown.” Additionally, the property is located at the edge of the City’s principal tourist and visitor area. Just east of the site are Robinson Auditorium and Center, the Statehouse Convention Center, the Doubletree, Capitol and Peabody Hotels and the Old State House. Additional tourist activities extend eastward to the Presidential Library and River Market. Staff is concerned that this facility with its proposed concentration of federal prisoners will negatively impact the City’s vital tourism and visitor industry. STAFF RECOMMENDATION: Staff recommends denial of this C.U.P. application. PLANNING COMMISSION ACTION: (JANUARY 6, 2011) The applicant was present. There were registered objectors present. As there were only 8 Commissioners present, the applicant was offered the opportunity to defer the item to the January 27, 2011 meeting. The applicant, Randy Frazier, stated he would take the deferral. A motion was made to defer the item to the January 27, 2011 meeting. The motion was approved by a vote of 8 ayes, 0 noes, 1 absent and 2 open positions. January 6, 2011 ITEM NO.: 6 FILE NO.: Z-6974-B NAME: City of Faith Correctional Facility – Conditional Use Permit LOCATION: 1401 S. Garfield Street OWNER/APPLICANT: City of Faith Prison Ministries/Terry Williams PROPOSAL: A conditional use permit is requested to allow the continued use of this O-3 zoned property and building as a correctional facility. 1. SITE LOCATION: The site is located on the east side of S. Garfield Street, two blocks south of West 12th Street. 2. COMPATIBILITY WITH NEIGHBORHOOD: The facility has operated at this location since it was constructed in 1996. By all accounts the facility has been a “good neighbor” and is compatible with the neighborhood. The property is located in an area of mixed zoning and uses. The facility has a community relations board which meets on a monthly basis with neighborhood representatives to address any issues. Staff believes extending the C.U.P. will not affect the facility’s continued compatibility with the neighborhood. All owners of property located within 500 feet of the site, all residents within 300 feet who could be identified and the University Park, Point O’Woods, Broadmoor, Oak Forest and Fair Park Neighborhood Associations were notified of this request. Additionally, public hearings were held on December 28, 2010 and January 4, 2011 at the Hinton Resoruce Center. Notice of these public hearings was advertised in the Arkansas Democrat Gazette and sent to owners of properties located within 500 feet of the site. 3. ON SITE DRIVES AND PARKING: The property has access from Garfield Street and via an access drive to University Avenue. There is paved parking for 30 vehicles on site. The existing parking is sufficient for the use. January 6, 2011 ITEM NO.: 6 (Cont.) FILE NO.: Z-6974-B 2 4. SCREENING AND BUFFERS: All plant materials are to be in good shape. Damaged or missing plants are to be replaced. 5. PUBLIC WORKS COMMENTS: 1. Due to the proposed use of the property, the Master Street Plan specifies that Garfield Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to thirty (30) feet from centerline. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. Entergy: No comments received. Centerpoint Energy: No comments received. AT&T (SBC): No comments 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: Place hydrants per code. County Planning: No Comments. January 6, 2011 ITEM NO.: 6 (Cont.) FILE NO.: Z-6974-B 3 CATA: A CATA bus route is located just east of the site, along University Avenue. SUBDIVISION COMMITTEE COMMENT: (DECEMBER 9, 2010) Terry Williams was present representing City of Faith. Staff presented the item and requested that Mr. Williams confirm there were no changes from prior approvals in any aspect of the use. Mr. Williams responded that there were no changes. Public Works and Utility Comments were noted. Staff noted there was a day care center located within 500 feet of the facility but the day care had moved in after City of Faith was constructed and in operation. The Committee determined there were no outstanding issues and forwarded the item to the full Commission. STAFF ANALYSIS: City of Faith Community Correctional Center is located on the O-3 zoned property at 1401 S. Garfield Street. At the time the facility opened in 1996, such uses were permitted "by-right" in the 0-3 district. In response to public concern, the Board of Directors, on March 4,1997, passed Ordinance No. 17,409 defining correctional facilities and making correctional facilities a conditional use in any zoning district. That same ordinance also established the following separation, spacing and procedural requirements for correctional facilities: Separation, spacing, and procedural requirements for correctional facilities shall be determined by the planning commission so as not to adversely impact the neighborhood. Correctional facilities are subject to the following additional requirements: a. Before a conditional use permit for a correctional facility can be granted, the applicant shall clearly establish the following: 1. All property owners or persons operating a business within five hundred (500) feet of the property line of a proposed correctional facility have received notice by certified mail of the exact location of the property and its intended use; January 6, 2011 ITEM NO.: 6 (Cont.) FILE NO.: Z-6974-B 4 2. This required notice was sent to each person before any contract for operation of the facility was granted, that this notice properly sets forth the exact procedure and time frame for the person notified to register objections with the appropriate governmental agency, and that proof of such notice is provided as required for conditional use permits; 3. The facility is not located within five hundred (500) feet of the property line of any school, any facility that operates programs for youth, or another correctional facility; 4. The applicant has conducted two (2) public hearings after having first advertised the meetings and location prominently not less than five (5) nor more than seven (7) days prior to each meeting; that such advertisement was prominently displayed and not a mere legal advertisement, in a newspaper with seven (7) days a week county- wide circulation; 5. Procedures are in place should the permit be granted that the chief of police shall be notified within one (1) hour that a resident of the facility has escaped or failed to return when required; 6. Adequate security measures are in place to prevent any resident of the correctional facility from violating subsection (5) more than once in a thirty-day period. b. These requirements for correctional facilities are in addition to any other provisions required for a conditional use permit under this code. These requirements are mandatory and not directory. In the event of a conflict with the other provisions of the code, these requirements shall control. Substantial compliance is not sufficient. Failure to comply with these requirements shall be a basis to deny the permit. Within one hundred twenty (120) days of granting the permit, the permit may be rescinded upon presentation to the planning commission of clear and convincing evidence that the applicant failed to comply with subsections (1) through (4) above. Failure to comply with subsections (5) and (6) two (2) times January 6, 2011 ITEM NO.: 6 (Cont.) FILE NO.: Z-6974-B 5 within a ninety-day period, or the commission of a violent felony by a resident of the correctional facility, shall be a basis for determining that security is inadequate and such determination shall be a cause for immediate revocation of the permit. The planning commission shall establish procedures for presentation of such evidence and for placement of the matter on its agenda for public hearing. c. The terms "group care facility", "rooming or boarding", "community, welfare or health care", "establishment for a religious, charitable or philanthropic organization", "governmental or private recreational uses", and "rooming, lodging or boarding facilities", shall not include a correctional facility as a permitted use. d. Any correctional facility in operation on the effective date of this section shall be required to come into compliance with this section and obtain a conditional use permit within four (4) years of the effective date of this section. In conformance with Subsection "d" above, City of Faith applied for and was issued a conditional use permit by the Planning Commission on February 8, 2001. Objectors appealed that action to the Board of Directors and, on May 6, 2001, the Board upheld the Commission's approval. The C.U.P. was approved to coincide with the length of the Bureau of Prisons contract which expires on September 30, 2006. On March 6, 2006, the Planning Commission approved a renewal of the C.U.P. for a five-year period to coincide with the Bureau of Prisons contract beginning October 1, 2006. It was noted at that time that a childcare operation had located to a property within 500 feet of the City of Faith facility. Staff recommended approval of a variance from the 500 feet separation requirement since the childcare facility had located in the area subsequent to the opening of the correctional facility. There was no opposition to the C.U.P. renewal and the item was on the Consent Agenda. The contract is up for renewal. The bid process begins January 3, 2011. The award date will be April 3, 2011 with performance beginning October 1, 2011. In response to a question raised at Subdivision Committee, the applicant has stated there are no changes in the operation from the previous approvals. The following information was provided by City of Faith describing the facility and its operations. January 6, 2011 ITEM NO.: 6 (Cont.) FILE NO.: Z-6974-B 6 The City of Faith - Little Rock Community Correctional Center is located at 1401 South Garfield Drive, Little Rock, Arkansas 72204. The center has a designed capacity for 97 residents, 77 male residents and 20 female residents. The center provides services to adult offenders who are 18 year of age or older. The average length of stay is six months. The security level for all residents is classified as minimum-community. The center is located in a residential/business community and has easy access to public transportation and also permits eligible residents to drive personal vehicles under stringent guidelines. The center is a two-story brick structure that has ten thousand (10,000) square feet. The center was built in 1996 and has two handicap parking spaces and forty parking spaces for staff and residents. The first floor of the center has a lobby, control station, administrative offices, kitchen, dining area, staff restroom, U.A./medical supply closet, director's office, laundry room, handicapped restroom, handicapped room (capacity for two residents), and four bedrooms for female residents that have alarmed doors at both ends of the hallway. The second floor of the center houses male residents. There are 13 rooms on the second floor that house between three to seven residents. There is a storage room, laundry room and restrooms on the second floor. There is a day room on the second floor that has ample room to sit and has access to a television. All resident rooms have access to natural light. All common areas are personally decorated with plants, pictures and other memorabilia that add to the attractiveness and professionalism of the overall environment. The center is professionally landscaped and has several patios (covered and uncovered), barbecue area, three stationary picnic tables, several chairs and built-in sitting areas. The center has an outdoor (half-court) basketball area, and green-space for weight lifting. The center has a team of professionals that are divided into the following positions: 1 Executive Director 2 Deputy Executive Directors 1 Program Manager 1 Senior Case Manager 2 Case Managers 1 Chief of Security 6 Resident Security Staff 1 Home Confinement Coordinator January 6, 2011 ITEM NO.: 6 (Cont.) FILE NO.: Z-6974-B 7 The mission and management philosophy of the City of Faith Community Correctional Center is to provide a versatile community-based alternative to conventional incarceration for those offenders referred to the center by contractual agreements. Since every offender in residential treatment ultimately returns to the community, the center incorporates a carefully monitored, progressive reintegration into society. The City of Faith emphasizes a risk reduction goal utilizing programs designed to assist offenders in becoming law-abiding, self-sufficient, contributing members of the community; thereby, changing an offenders attitude and consequently the probability of future criminal behavior. Thereby, behavioral changes achieved during a relatively short period of residential treatment may become enduring characteristics that enable the offender to reintegrate safely and productively into the community. The City of Faith offers a series of sentencing options more intrusive than probation, but less punitive than incarceration. Oversight, monitoring, substance abuse testing and counseling are provided. Thereby, maximizing compliance with treatment and court orders. The staff of the City of Faith makes a concerted effort to confront unacceptable, inappropriate behavior, and the failure to meet program requirements. The Community Correctional Center in tandem with alternative to incarceration, offers a sensible long-term solution to changing needs of the justice community. The applicant has reiterated the commitment made to the Board of Directors that the facility will not take felons convicted of violent crimes, sexual assault or crimes against children. City of Faith has completed all required notification and newspaper advertisements as outline in the Ordinance. Public meetings were held at the Hinton Resource Center on December 28, 2010 and January 4, 2011. To staff’s knowledge, there are no outstanding issues. Staff believes it is appropriate to approve the C.U.P., again tying the approval to the length of the Bureau of Prisons contract. There is no bill of assurance issue. There is still a daycare center located within 500 feet of the site. That daycare moved to the site after City of Faith was constructed and in operation. To staff’s knowledge, there have been no issues associated with the relationship to the daycare center. January 6, 2011 ITEM NO.: 6 (Cont.) FILE NO.: Z-6974-B 8 STAFF RECOMMENDATION: Staff recommends approval of the conditional use permit subject to the following conditions: 1. The C.U.P. is approved for a five-year period to coincide with the Bureau of Prisons contract beginning October 1, 2011. 2. If City of Faith’s federal contract lapses or is cancelled, the C.U.P. is voided. Staff recommends approval of a variance from the 500 feet separation requirement from the childcare facility since the childcare facility located in the area subsequent to the opening of the correctional facility. PLANNING COMMISSION ACTION: (JANUARY 6, 2011) The applicant was present. There were several persons present in support and one registered objector. As there were only 8 Commissioners present, the applicant was offered the opportunity to defer the item to the January 27, 2011 meeting. The applicant, Terry Williams, stated she wished to go forward. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation” above. Ms. Williams stated City of Faith had operated at this location for 15 years and they were seeking their third approval of a conditional use permit to allow the operation to continue. She stated the facility housed 92 federal transitional inmates. Ms. Williams briefly described the operation and stated this was the only federal facility of its kind in Arkansas. She stated she would reserve the balance of her time to respond to any issues raised by the opposition. Misty Borkowski, of 500 Broadway, stated the required legal ad in the paper for the two required applicant public hearings had not been properly completed. She presented a copy of the legal ad and showed it had not been completed as required by Section 36-107 (13) 4. of the Code. Chairman Yates asked if she was objecting to the facility or to the notice. Ms. Borkowski responded that she was objecting to the notice. There was a discussion of the notice procedure as outlined in the Code and as completed by the applicant. January 6, 2011 ITEM NO.: 6 (Cont.) FILE NO.: Z-6974-B 9 Deputy City Attorney Cindy Dawson stated the Commission may determine it appropriate to defer the item for re-notice. A motion was made to defer the item to the January 27, 2011 meeting. The motion was approved by a vote of 8 ayes, 0 noes, 1 absent and 2 open positions. January 6, 2011 ITEM NO.: 7 FILE NO.: Z-8618 NAME: Courtney Single-Wide Manufactured Home Accessory Dwelling – Conditional Use Permit LOCATION: 14115 Lawson Road OWNER/APPLICANT: Bobbie Courtney PROPOSAL: A conditional use permit is requested to allow for the placement of a single-wide manufactured home on the rear of this R-2 zoned, .75 acre tract as an accessory dwelling for a family member. 1. SITE LOCATION: The property is located outside of the city limits, within the City’s extraterritorial zoning jurisdiction. The site is located on the south side of Lawson Road, approximately ¾ mile west of David O’Dodd Road. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in a rural area outside of the city limits. Uses include a variety of residential structures on larger tracts and large areas of undeveloped properties. Previous C.U.P.’s have been approved in the general area for multisectional manufactured homes, a church and a utility substation. This site previously contained a mobile home. This proposed manufactured home is to be placed on the existing concrete footings remaining from where the mobile home previously sat. The proposed use is compatible with uses in the area. Notice of the public hearing was sent to all owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and SWLR United for Progress. 3. ON SITE DRIVES AND PARKING: The existing principal dwelling and the proposed accessory dwelling each require one on-site parking space. The site contains an asphalt paved driveway with sufficient space to park 4-5 vehicles. A single-wide, gravel driveway will be extended off of the asphalt driveway to provide additional access to and parking for the manufactured home. The gravel driveway complies with code since it is located behind the house. November 18, 2010 ITEM NO.: 7 (Cont.) FILE NO.: Z-8618 2 4. SCREENING AND BUFFERS: No Comments. 5. PUBLIC WORKS COMMENTS: 1. Lawson 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. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Outside service boundary, no comment. Entergy: No comments received. Centerpoint Energy: No comments received. AT&T (SBC): No comments received. Water: NO OBJECTION; 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. Accessory Dwelling if metered separately must have a private service line agreement in place, contact CAW new service for more information. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) MAY BE 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 by Crystal Volunteer Fire Department. County Planning: Provide proof of septic approval. November 18, 2010 ITEM NO.: 7 (Cont.) FILE NO.: Z-8618 3 CATA: Outside service boundary. SUBDIVISION COMMITTEE COMMENT: (DECEMBER 9, 2010) The applicant, Bobbie Courtney, and her daughter were present. Staff presented the item and noted some additional information was needed on the proposed home; exterior materials, roof materials. Staff asked if separate utilities were requested. The applicant responded that they were. Staff noted the proposed use was temporary and would be removed when the daughter relocated. Staff noted the proposed home would need to be underpinned and the transport elements removed. Staff stated proof of acceptable septic service would be required prior to placement of the home on the site. Public Works and Utility Comments were discussed. The applicant was advised to get with her surveyor on the issue of right-of-way dedication. The applicant was advised to respond to any staff issues by December 15, 2010. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: The R-2 zoned, .75 acre tract located at 14115 Lawson Road contains an existing, one-story, brick and frame, single family residence. A double-wide mobile home was previously located behind the house. The applicant has recently purchased the property and is requesting approval of a conditional use permit to allow her daughter to move a single-wide manufactured home onto the property as an accessory dwelling. The manufactured home will be located behind the house and will be placed on the concrete footings, which remain from the previously removed mobile home. The manufactured home will be occupied by the daughter and should she move out some time in the future, she will move it with her. The proposed home has white metal siding and a pitched, metal roof. Placement of the home will exceed required setbacks for accessory buildings. A driveway extension will be constructed to provide additional access through the rear yard to the manufactured home. To staff’s knowledge, there are no outstanding issues. The proposed use is compatible with development in the area. There is no bill of assurance for this acreage tract. A revised survey has been submitted showing proposed right-of- way dedication as called in Public Works’ Comments. Separate utilities are requested. November 18, 2010 ITEM NO.: 7 (Cont.) FILE NO.: Z-8618 4 STAFF RECOMMENDATION: Staff recommends approval of the requested C.U.P. subject to compliance with the following conditions: 1. Occupancy of the manufactured home is to be by the property owner’s daughter and should she move, the home is to be removed or additional approval is required from the Planning Commission. 2. The proposed manufactured home must be underpinned and the transparent elements must be removed. 3. Proof of acceptable septic service must be provided to staff prior to placement of the home on the site. 4. Compliance with the comments and conditions outlined in Sections 5 and 6 of the agenda staff report. Staff recommends approval of separate utilities. PLANNING COMMISSION ACTION: (JANUARY 6, 2011) 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, 1 absent and 2 open positions. January 6, 2011 ITEM NO.: 8 FILE NO.: Z-8619 NAME: White Accessory Dwelling – Conditional Use Permit LOCATION: 3205 Valley Park Drive OWNER/APPLICANT: Jim and Karen White PROPOSAL: A conditional use permit is requested to allow for construction of an accessory dwelling on this R-2 zoned lot. 1. SITE LOCATION: The property is located on the east side of Valley Park Drive, 3 lots south of Pebble Beach Drive. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an area comprised solely of single family homes on suburban sized lots. There have been other approvals to allow accessory dwellings in the area. From the street, the proposed structure will look like a two-car garage. The proposed accessory dwelling is on the rear of the accessory building. The structure will exceed all required setbacks. The property itself is approximately .8 acre in size, several times larger than the R-2 minimum lot size of 7,000 square feet. Staff believes the proposed guesthouse, accessory dwelling is an appropriate use. Notice of the public hearing was sent to owners of all properties located within 200 feet of the site, all residents within 300 feet who could be identified and the Chenal Ridge Neighborhood Association. 3. ON SITE DRIVES AND PARKING: The principal dwelling and proposed accessory dwelling each require one on-site parking space. The site currently contains a concrete driveway providing access to a two-car garage. The driveway will be extended to provide access to the new accessory building, which will contain a two-car garage. 4. SCREENING AND BUFFERS: No Comments. January 6, 2011 ITEM NO.: 8 (Cont.) FILE NO.: Z-8619 2 5. PUBLIC WORKS COMMENTS: 1. A special grading permit for Flood Hazard Areas will be required per Section 8-283 prior to construction. 2. The minimum Finish Floor elevation of the proposed structure should be constructed to at least one foot above the base flood elevation and shown on all proposed plans and surveys. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. Entergy: No comments received. Centerpoint Energy: No comments received. AT&T (SBC): No comments received. Water: No comment received. Fire Department: Place fire hydrants per code. County Planning: No Comments. CATA: The site is not on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (DECEMBER 9, 2010) The applicant, Jim White, was present. Staff requested the applicant provide additional information on the design of the proposed building. Staff asked if separate utilities were requested. The applicant responded that they were. In response to a question from the Committee, Mr. White stated the accessory dwelling was to be occupied by family and guests and would never be rented. In response to a question from Mr. White, staff stated that condition would run with the land, if he ever sold the property. Public Works and Utility Comments were noted. Staff noted the bill of assurance appeared to prohibit the use. Mr. White stated he had visited with his neighbors and they seemed to have no problem with the use. The Committee commented that the bill of assurance was an agreement between private parties and not enforced by the City. January 6, 2011 ITEM NO.: 8 (Cont.) FILE NO.: Z-8619 3 The applicant was advised to respond to any staff issues by December 15, 2010. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: The large, R-2 zoned lot located at 3205 Valley Park Drive contains a two-story, brick and frame, single family residence. The applicants are proposing to construct an accessory building in the rear yard. The accessory building will contain an 890 square foot, two-car garage and a 690 square foot accessory dwelling. A conditional use permit is requested to allow the accessory dwelling. The one-story structure will be designed to complement the existing house. The accessory dwelling will contain one bedroom and closet, one bath and a kitchen/living room combination. The accessory dwelling is proposed for occupancy by the property owner’s aging father. Once it is no longer needed by the father, the accessory dwelling will be used as a guest house for family and friends. It will not be rented. Staff is supportive of the requested guesthouse. Other similar structures have been approved in the area. This property consists of almost an acre of ground; much larger than the R-2 minimum of 7,000 square feet. The proposed accessory dwelling’s placement will exceed all ordinance required setbacks. From the street, the structure will have the appearance of a two-car garage with the accessory dwelling aspect located in the rear of the structure. The applicant has placed limitations on occupancy of the structure so it will serve only as a guesthouse for family and friends. The bill of assurance for Pebble Beach Park contains the following statements, which are pertinent to the issue: a) Said land shall be restricted to detached single family residences. b) No trailer, tent, shack, garage, garage apartment, hutment, basin, structure of a temporary character or outbuilding of any kind on said land shall at any time be used or occupied as a residence, temporarily or permanently. The applicant states he is aware of those statements and has visited with his neighbors about the issue. January 6, 2011 ITEM NO.: 8 (Cont.) FILE NO.: Z-8619 4 STAFF RECOMMENDATION: Staff recommends approval of the requested C.U.P. 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. Occupancy of the accessory dwelling is to be limited to family members and friends of the property owner. The structure is not to be rented; it is to serve as a guesthouse. 3. The property owner must reside on the property. Staff recommends approval of separate utilities. PLANNING COMMISSION ACTION: (JANUARY 6, 2011) The applicant was present. There was one objector present. The applicant had submitted letters of approval from the owners of the three properties that directly abut this site. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation” above. Staff amended condition number 2 in the staff recommendation to include the condition that the structure not be rented “or leased.” The applicant, Jim White, explained his proposal and stated the structure would not be rented; that it would only be used as a guest house for family and friends. Danny Broaddrick, of 3002 Valley Park Drive, stated he was concerned about successor owners not complying with the condition. He also stated there were not many other guest houses in the area. Mr. Broaddrick raised various scenarios whereby the house could be rented or the accessory dwelling could become the principal dwelling. He said there was ambiguity in the conditions proposed by staff. Commissioner Rector asked Mr. White if he could accept additional conditions regarding renting of the house. Mr. White responded that he could. He was asked to state for the record any additional amendment to his application. Mr. White stated the accessory dwelling would not be occupied if something happened to the principal dwelling and he would not rent the principal dwelling. Dana Carney, of the Planning Staff, stated it needed to be clear that the condition related to not renting the principal dwelling applied only if the accessory dwelling January 6, 2011 ITEM NO.: 8 (Cont.) FILE NO.: Z-8619 5 was on the property; otherwise, there is no prohibition against renting a single family dwelling. A motion was made to approve the application as amended, including staff comments and conditions. The motion was approved by a vote of 8 ayes, 0 noes, 1 absent and 2 open positions. January 6, 2011 ITEM NO.: 9 FILE NO.: Z-8624 NAME: Pearson Accessory Dwelling – Conditional Use Permit LOCATION: 16515 Whippoorwill Lane OWNER/APPLICANT: Carolyn and William Pearson PROPOSAL: A conditional use permit is requested to allow for construction of an accessory dwelling on the rear of this R-2 zoned, 10 acre tract. 1. SITE LOCATION: The property is located outside of the city limits, within the City’s extraterritorial zoning jurisdiction. The site is located at the end of Whippoorwill Lane, west of Crystal Valley Road, approximately 1 ½ miles west of the city limits. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in a rural area outside of the city limits. Uses around the area are primarily a variety of single family residences on large tracts and large tracts of undeveloped properties. A scattering of nonresidential uses, including a church, office building and auto repair business are located in the general area. The property is approximately 10 acres in size and the placement of the small accessory dwelling will exceed setback requirements. Allowing the proposed guest cottage should not impact any other properties. Notice of the public hearing was sent to allow owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and SWLR United for Progress. 3. ON SITE DRIVES AND PARKING: The existing principal dwelling and proposed accessory dwelling each require one on-site parking space. An existing asphalt driveway provides access to a 4-car carport attached to the house. A new driveway will be extended off of the existing driveway to provide access to the accessory dwelling. A two-car carport or garage will be built adjacent to the accessory dwelling. The new driveway will be gravel, to help maintain the rustic, natural feel of the property. January 6, 2011 ITEM NO.: 9 (Cont.) FILE NO.: Z-8624 2 4. SCREENING AND BUFFERS: No Comments. 5. PUBLIC WORKS COMMENTS: No Comments. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Outside service boundary, no comment. Entergy: No comments received. Centerpoint Energy: No comments received. AT&T (SBC): No comments 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: To ensure that Crystal Fire Department could provide fire protection to the structure, an all-season road to the structure is needed. County Planning: Approved as submitted. CATA: Outside service boundary. January 6, 2011 ITEM NO.: 9 (Cont.) FILE NO.: Z-8624 3 SUBDIVISION COMMITTEE COMMENT: (DECEMBER 9, 2010) The applicant, Carolyn Pearson, was present. Staff presented the item and noted little additional information was needed. In response to questions from staff, Ms. Pearson stated separate utilities would be requested and the driveway to the accessory dwelling would be gravel. Staff noted proof of an approved septic system would need to be provided prior to constructing the accessory dwelling. Utility and Public Works Comments were noted. The Committee determined there were no other issues and forwarded the item to the full Commission. STAFF ANALYSIS: The 10-acre tract located at 16515 Whippoorwill Lane is occupied by a one-story, brick and frame, single-family residence and several barns and outbuildings. A pond is located on the east 1/3 of the site. The applicants are requesting approval of a conditional use permit to allow for construction of a small guest cottage (accessory dwelling) across the pond from the existing house. The proposed accessory dwelling will contain one bedroom, one bath, a kitchen and living area. The accessory dwelling will be used only as a guest cottage for friends and family. It will not be rented. The structure will be built of brick and frame, with a pitched, shingled roof. A gravel driveway will provide access. A two-car carport or garage will be built adjacent to the structure. To staff’s knowledge there are no outstanding issues. Separate utilities are requested. There is no bill of assurance for this acreage tract. Proof of septic system approval will be provided prior to construction. Allowing construction of this small guest cottage on the rear of this 10-acre tract should have no effect on other properties. STAFF RECOMMENDATION: Staff recommends approval of the requested C.U.P. subject to compliance with the following conditions: 1. Compliance with the comments and conditions outlined in Section 6 of the agenda staff report. January 6, 2011 ITEM NO.: 9 (Cont.) FILE NO.: Z-8624 4 2. Proof of septic system approval must be provided to staff prior to construction of the accessory dwelling. 3. Use of the accessory dwelling is to be limited to a guesthouse for occupancy by friends and family of the property owners. The structure is not to be rented. 4. The property owners must reside on the property. Staff recommends approval of separate utilities. PLANNING COMMISSION ACTION: (JANUARY 6, 2011) 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, 1 absent and 2 open positions. January 6, 2011 ITEM NO.: 10 FILE NO.: Z-8625 NAME: Exalters of Christ Day Care – Conditional Use Permit LOCATION: 8923 Sunset Lane OWNER/APPLICANT: Exalters of Christ Ministries International/ Rod McFadden, Pastor PROPOSAL: A conditional use permit is requested to allow a day care center within the existing church on this R-2 zoned, 5+ acre tract. 1. SITE LOCATION: The property is located on the east side of Sunset Lane, south of Baseline Road. 2. COMPATIBILITY WITH NEIGHBORHOOD: The church property is located in an area of mixed zoning and uses. A variety of residential and nonresidential uses are located along Baseline Road. A residential neighborhood, containing a variety of residential types, extends to the south. The proposal is to allow a day care within the existing church. The playground areas are located on the north side of the building, away from the residential area. A previous church had a day care at one time but no C.U.P. had been approved. Allowing the church to operate a day care center within the existing facility is an appropriate use. Notice of the public hearing was sent to allow owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and the Upper Baseline, Windamere and SWLR United for Progress Neighborhood Associations. 3. ON SITE DRIVES AND PARKING: The day care is to have an enrollment of 75 children with 15 employees, requiring 22 on-site parking spaces. The site contains 93+ paved parking spaces. There is more than sufficient parking and drop-off area to accommodate the day care. 4. SCREENING AND BUFFERS: No Comments. January 6, 2011 ITEM NO.: 10 (Cont.) FILE NO.: Z-8625 2 5. PUBLIC WORKS COMMENTS: 1. Due to the proposed use of the property, the Master Street Plan specifies that Sunset Lane for the frontage of this property must meet commercial street standards. Dedicate right-of-way to thirty (30) feet from centerline. 2. Provide a revised survey that is to scale. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. Entergy: No comments received. Centerpoint Energy: No comments received. AT&T (SBC): No comments 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. A Capital Investment Charge based on the size of the meter connections(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. 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: Place fire hydrants per code. January 6, 2011 ITEM NO.: 10 (Cont.) FILE NO.: Z-8625 3 County Planning: No Comments. CATA: A CATA bus route is located just north of this site, at Baseline and Stanton. SUBDIVISION COMMITTEE COMMENT: (DECEMBER 9, 2010) The applicant, Mr. McFadden, was present. Staff presented the item and noted additional information was needed regarding days and hours of operation, number of employees and signage. Public Works and Utility Comments were noted. Commissioner Laha questioned the age and ownership of the survey. The applicant was advised to provide responses to staff issues by December 15, 2010. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: Exalters of Christ Ministries International Church occupies the R-2 zoned, 5± acre tract located at 8923 Sunset Lane. The property contains a sanctuary and ancillary buildings, paved parking lots and playground area. The church is requesting approval of a C.U.P. to allow for operation of a day care center, utilizing some of the existing church facilities. The day care is to have an enrollment of 75 children with 15 employees. Days and hours of operation are proposed as Monday through Friday, 6:00 a.m. to 6:00 p.m. Signage will consist of the word “daycare” on the awning over the entry door into the day care area. To staff’s knowledge, there are no outstanding issues. The previous church that occupied this site operated a day care but no C.U.P. had been approved. All elements; including playground, parking and buildings are in place. There is no bill of assurance for this acreage tract. An updated survey has been submitted and a legal description prepared for right-of-way dedication for Sunset Lane. Allowing a day care center to be operated within the existing church is an appropriate use. STAFF RECOMMENDATION: Staff recommends approval of the requested C.U.P. subject to compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. January 6, 2011 ITEM NO.: 10 (Cont.) FILE NO.: Z-8625 4 PLANNING COMMISSION ACTION: (JANUARY 6, 2011) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlines 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, 1 absent, 1 recusing (Laha) and 2 open positions. January 6, 2011 ITEM NO.: 11 FILE NO.: Z-8599-B NAME: Arkansas Baptist College Dining Hall – Conditional Use Permit LOCATION: 1600 Martin Luther King Blvd. OWNER/APPLICANT: Arkansas Baptist College PROPOSAL: A conditional use permit is requested to allow use for construction of a new dining hall on this R-4 zoned college campus. 1. SITE LOCATION: The site is located on the northwest corner of West 17th and Martin Luther King Blvd. 2. COMPATIBILITY WITH NEIGHBORHOOD: The proposed dining hall building will replace an existing building and is located within the body of the main part of the ABC campus. The college and its architects have worked to assure that the design complies with the applicable criteria of the Central High Design Overlay District. The proposed dining hall appears compatible with the area. All owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and the Central High and Downtown Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: The parking requirement for a college is one (1) space for each 300 square feet of gross floor area or one (1) space per 4 students, whichever is greater. The campus buildings total square footage is 117,200 square feet and the enrollment is 1,127 students. The parking requirement based on square footage is 390 spaces. Based on enrollment, the requirement is 280 spaces. Within the Central High DOD, the parking requirement is 50% of the typical requirement; 195-spaces based on square footage and 140 based on enrollment. The campus contains several existing and planned parking lots, including a 119-space lot to be built at 17th and Marshall. Many of the students utilize public transportation. It is estimated that there are 200 existing and planned parking spaces on the campus. January 6, 2011 ITEM NO.: 11 (Cont.) FILE NO.: Z-8599-B 2 4. SCREENING AND BUFFERS: Compliance with the City’s Landscape and Buffer Ordinances is required. 5. PUBLIC WORKS COMMENTS: 1. At least twenty (20) feet of driving surface should be located on 17th Street. The twenty (20) feet should be measured from the face of curb to the face of curb at its narrowest point. 2. For this street design, 17th Street right-of-way should be abandoned to Martin Luther King. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. Entergy: No comments received. Centerpoint Energy: No comments received. AT&T (SBC): No comments 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. 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. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the January 6, 2011 ITEM NO.: 11 (Cont.) FILE NO.: Z-8599-B 3 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 Certfiied 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. 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. Fire Department: Place fire hydrants per code. County Planning: No Comments. CATA: The site is located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (DECEMBER 9, 2010) The applicants were present. Staff presented the item and noted some additional information was needed and a couple of changes needed to be made to assure compliance with the Central High Overlay District. It was noted that the ½ block of remaining 17th Street right-of-way needed to be abandoned. Public Works, Utility and Landscape Comments were noted. The applicants were advised to respond to staff issues by December 15, 2010. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: Arkansas Baptist College is proposing to remove an existing cafeteria and classroom building and to build in its place a new dining hall building. Currently, the dining hall can seat 150 students. The new dining hall will seat 320 students. There will be a two-phased demolition of the current structure. James Hall will be demolished over the winter break; the remainder of the demolition will be performed by the select general contractor. Through the duration of the project, the current kitchen will remain operational. Food will be prepared in the kitchen and served at an alternate location. A temporary wall will be constructed on the January 6, 2011 ITEM NO.: 11 (Cont.) FILE NO.: Z-8599-B 4 east wall of the current kitchen after demolition. At the end of the project the kitchen will be demolished and that area will become a plaza area. The property lies within the area of the Central High Design Overlay District. The development must comply with the provisions of the DOD or be resubmitted as a PZD. Staff has reviewed the pertinent provisions of the DOD as follows: (a) Orientation: The primary façade of a non-residential building shall face the principal street. The principal streets, as referred to in this section, shall refer to the street having the highest classification according to the City Master Street Plan. Buildings located on corner lots shall have the same orientation as adjacent non-residential structures. This building has “front” facades facing the campus quad and the adjacent street. Both facades are designed with entry features, doors, windows and appropriate architectural features. (b) Ground-level façade. For new construction, at least sixty (60) percent of the ground floor level facing pedestrian public circulation areas shall be glass- windows and/or displays. The north façade, facing the campus quad, and the east façade, facing the street, comply. The south façade does not face a pedestrian public area. Additional glass windows or displays have been added on the west façade in response to a comment raised at Subdivision Committee. (c) Nonresidential Building Setback: All commercially and office zoned properties within the boundaries of this districts shall have a ten foot (10’) front setback with building sited at the front setback property line. Properties on street corners shall be sited on the property lines ten (10) feet off the property lines abutting the street corner. There shall be a five (5) feet side yard setback from residentially zoned properties, zero feet side yard setback from non-residentially zoned property and rear yard setback of twenty-five (25) feet. The property is not zoned commercially or office. However, the proposed new building is complying with the spirit of the overlay by being placed somewhat closer to the front setback and more in line with the buildings along Martin Luther King Boulevard. The new building is set behind the twenty-five (25) foot setback required by the zoning district. (d) Drive through facilities: No drive through facilities shall be permitted on front facades of buildings. Buildings, which are on a corner, shall be considered to have two front facades. Drive-through facilities are permissible on side or rear facades. January 6, 2011 ITEM NO.: 11 (Cont.) FILE NO.: Z-8599-B 5 Not applicable. (e) Roofs. Flat roofs and pitched roofs are permitted. Rooflines should follow predominant style of the adjacent buildings. This building incorporates both flat and pitched roof which is compatible with the adjacent buildings. (f) Materials: The materials of the exterior shell shall be brick, other masonry, wood, or a material that resembles wood (i.e., vinyl siding, etc.) The exterior of the building is indicated as brick masonry, manufactured stone veneer, and prefinished architectural metal panels. The use of metal panels does not comply with the overlay. The applicant submitted a revised plan indicating the use of stucco in these areas. If cost is prohibitive for use of stucco, the applicant proposes the use of fiber-cement siding board (simulated wood siding also known as Hardie Board). Metal louver soffit vents will be located on the east and west ends of the building. (g) Standard parking requirements. Parking requirements within the district shall be fifty (50) percent of that required by Article VIII of Chapter 36. Parking requirements for colleges are determined by the total square footage of all buildings and by the total number of students; one space per three hundred (300) square feet of gross floor area or one space for every four (4) students, whichever is greater. The parking complies. See the analysis in Section 3 of this agenda report. (h) Maximum Parking: The maximum parking allowed shall be the minimum standard established in Article VIII of Chapter 36. See above. (i) Parking Facilities. Surface parking shall be limited to the side and rear of structures. No parking shall be allowed in the “front-yard setback”. Parking structures shall have ground-level uses devoted to non-vehicular activities. Development of ground-level retail or office uses is encouraged. No new parking is proposed. January 6, 2011 ITEM NO.: 11 (Cont.) FILE NO.: Z-8599-B 6 Utilities and Services. (a) All new utilities for developments within the district shall be buried. All new developments are required to place utilities and cabled services in subterranean locations from the pole to the structure. All new utilities to the new structure will be installed underground. (b) Dumpster delivery and waste removal areas hall be located in alleys where available or in common service areas for multiple developments. The dumpster and landing area are located in a service yard south of the building, in what will be the former right-of-way of 17th Street. (c) In all areas, service and waste removal areas shall be screened and located away from public outdoor spaces and pedestrian areas. Dumpster screening as per [Section] 36-253. The service area is appropriately located and screened. Landscaping. (c) Trees greater than fourteen (14) inches in diameter, measured at four and one-half (4 ½) feet above the ground, shall be protected from removal and damages in future development of the district. Any development within fifty (50) feet of any such tree shall be reviewed prior to development to assure protective measures are included and in place. Tree removal can only be done if approved by the City’s Urban Forester. Penalties for violations shall be a listed in Chapter 1-9. For trees in the Public Right-of-Way, see Section 15-51. There are no existing trees in the project area and no trees will be removed. (Staff will confirm prior to any site work.) Signage will consist of a possible wall sign and small ground mounted signs that are typical of those used throughout the campus. To staff’s knowledge, there are no issues. The proposed building appears to comply with the provisions of the DOD. The century-old bill of assurance for Centennial Addition does not address use issues. The building is proposed for placement in the middle of the campus where is it surrounded by other existing campus buildings. Staff does not believe the placement of this dining hall building will negatively impact surrounding properties. January 6, 2011 ITEM NO.: 11 (Cont.) FILE NO.: Z-8599-B 7 The applicant is pursuing the abandonment of the remaining portion of 17th Street right-of-way as part of another item on this agenda (Item No. 12, Z-8626). STAFF RECOMMENDATION: Staff recommends approval of the requested C.U.P. 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. The building design must comply with the applicable provisions of the Central High Design Overlay District. 3. Prior to any site work, Planning Staff is to meet with the applicant on the site to visually verify that there are no trees to be removed and any trees within 50 feet of the development site are protected. 4. The remaining ½ block of West 17th Street right-of-way west of Martin Luther King Blvd. is to be abandoned. PLANNING COMMISSION ACTION: (JANUARY 6, 2011) 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, 1 absent and 2 open positions. January 6, 2011 ITEM NO.: 12 FILE NO.: Z-8626 NAME: Arkansas Baptist College Welcome Center – Conditional Use Permit and West 17th Street Right-of- Way Abandonment LOCATION: 1700 Martin Luther King Blvd. OWNER/APPLICANT: Arkansas Baptist College PROPOSAL: A conditional use permit is requested to allow for remodeling of the existing building located on this R-4 zoned lot to be used as offices and a student welcome center. Associated with this request is a proposal to abandon the ½ block of West 17th Street right-of-way remaining west of MLK. 1. SITE LOCATION: The site is located at the southwest corner of West 17th and Martin Luther King Blvd. 2. COMPATIBILITY WITH NEIGHBORHOOD: Although the college has properties and facilities scattered throughout the general area, the main body of the campus is located within the four blocks bounded by MLK, Marshall, 16th and 18th Streets. Campus facilities are located to the northwest. Single-family residences are located to the south. The proposed office use on this property is compatible with the area. Screening will be required along the south perimeter. Notice of the public hearing was sent to all owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and the Central High and Downtown Neighborhood Association. 3. ON SITE DRIVES AND PARKING: Parking requirements for colleges are determined by the total square footage of all buildings and by the total number of students; one space per three hundred (300) square feet of gross floor area or one space for every four (4) students, whichever is greater. The campus building’s total square footage is 117,200 square feet and the enrollment is 1,127 students. The main part of the campus, north of 17th Street, is located in the Central High Design Overlay District. The typical requirement based on square footage is 390 spaces; 195 under the DOD. The typical requirement based on enrollment is 280 spaces; 140 under the DOD. January 6, 2011 ITEM NO.: 12 (Cont.) FILE NO.: Z-8626 2 There are an estimated 200 spaces either existing or proposed for construction on the campus. Four new spaces are being constructed with this project. 4. SCREENING AND BUFFERS: Compliance with the City’s Landscape and Buffer Ordinances is required. Screening is required along the south perimeter of this site, where adjacent to residential property. 5. PUBLIC WORKS COMMENTS: 1. At least twenty (20) feet of driving surface should be located on 17th Street. The twenty (20) feet should be measured from the face of curb to the face of curb at its narrowest point. 2. For this street design, 17th Street right-of-way should be abandoned to Martin Luther King. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. Entergy: No comments received. Centerpoint Energy: No comments received. AT&T (SBC): No comments received. Water: NO OBJECTIONS. All Central Arkansas Water requirements in effect at the time of request for water service must be met. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer’s expense. Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. January 6, 2011 ITEM NO.: 12 (Cont.) FILE NO.: Z-8626 3 Contact Central Arkansas Water 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: Place fire hydrants per code. County Planning: No Comments. CATA: The site if located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (DECEMBER 9, 2010) The applicants were present. Staff presented the item and noted additional information was needed regarding days and hours of use, signage, fencing, site lighting, trash collection and the square footage of the buildings. The applicants were asked to provide the total number of parking spaces available on the campus, the total square footage of buildings on campus and the total student enrollment. Public Works, Utility and Landscape Comments were noted. It was noted by staff that the remaining ½ block of 17th Street right-of-way needed to be abandoned. The applicants were advised to respond to staff issues by December 15, 2010. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: The R-4 zoned lot located at 1700 Martin Luther King Blvd. contains a two-story, wood frame residence. A frame duplex structure was located on the rear of the lot. The duplex has been removed. Arkansas Baptist College is requesting January 6, 2011 ITEM NO.: 12 (Cont.) FILE NO.: Z-8626 4 approval of a conditional use permit to allow for remodeling of the remaining structure for use as a welcome center and offices. The welcome center will occupy the first floor with administrative offices to be located on the second floor. A future, one-story addition for more office space is indicated to be placed on the west half of the lot. Associated with this proposal is a request to abandon the ½ block of remaining 17th Street right-of-way located just west of MLK, north of this lot. The right-of-way for 17th Street from this site west to Marshall Street was abandoned by the City in July 2010. The area of abandoned right-of-way will become a service drive and will provide access to 4 new parking spaces to be built on this lot. Days and hours of the welcome center are proposed as Monday through Friday, 8:00 a.m. to 5:00 p.m. Office hours will for the most part be the same but it is possible that office use may extend past 5:00 p.m. Signage will consist of a possible wall sign and a small ground sign that is typical of signage on the rest of the campus. A 6-foot tall wood privacy fence will be constructed on the south perimeter of the site. Any new site lighting will be shielded downward and into the site. Trash will be collected by ABC staff and deposited in an existing centralized trash collection area. To staff’s knowledge, there are no outstanding issues. The applicants have responded to issues raised at Subdivision Committee. The site is not located in the Central High Design Overlay District. There is no opposition from any of the reviewing agencies to abandoning the remaining ½ block of West 17th Street, subject to the area being retained as an easement. The century-old bill of assurance for Centennial Addition does not address use issues. STAFF RECOMMENDATION: Staff recommends approval of the requested C.U.P. 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. Staff recommends approval of the abandonment of the remaining 17th Street right-of-way located north of the site, subject to the area of abandonment being retained as easements. PLANNING COMMISSION ACTION: (JANUARY 6, 2011) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation” January 6, 2011 ITEM NO.: 12 (Cont.) FILE NO.: Z-8626 5 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, 1 absent and 2 open positions. 0 u W w W F- Cl CA p II II LLJ CD afQ= oo�� w CIO Q wz Ci) CD < LU d Z d J 0 Q <CW m 0 ZW z00 Q om_ �0coQ- LL W , Z CI} 00 C13 W p Q c�3 0 W iE W CO W PJ a W i W Q LLJ CD afQ= oo�� w CIO Q wz Ci) CD < LU d Z d J 0 Q <CW m 0 ZW z00 Q om_ �0coQ- LL W , Z CI} 00 C13 W Q c�3 0 W iE W CO W PJ a W i W Q January 6, 2011 There being no further business before the Commission, the meeting was adjourned at 5:04 p.m. Date �` I.