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pc_02 24 2011 LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING MINUTE RECORD FEBRUARY 24, 2011 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present being eleven (11) in number. II. Members Present: Tom Brock William Changose Janet Dillon J. T. Ferstl Rebecca Finney Keith Fountain Dan Harpool Troy Laha Obray Nunnley, Jr. Amy Pierce Bill Rector Members Absent: None City Attorney: Cindy Dawson III. Approval of the Minutes of the January 6, 2011 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING FEBRUARY 24, 2011 4:00 P.M. I. OLD BUSINESS: Item Number: File Number: Title: A. 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 B. G-25-209 West 19th Street Name Change to Annie Abrams Street West 19th – From Main Street to Woodrow Street C. Z-8627 Steed Group Care Facility – Special Use Permit 2308 S. Summit Street D. Z-8524 ZAG Investments Event Center – Conditional Use Permit 6014 Forbing Road E. A-320 Cooper Orbit Annexation, along north side of Cooper Orbit at Glisten Lane F. Z-3859-A GEO Group Correctional Facility – Conditional Use Permit 615 West Markham Street II. NEW BUSINESS: Item Number: File Number: Title: 1. Z-8142-A Rezoning from R-2 to MF-18 West side of Shackleford Road, approximately ¼ mile north of Colonel Glenn Road 2. Z-5321-A Landers Auto Repair and Body Shop – Conditional Use Permit 4217 S. Shackleford Road Y k d s a �,..5 Qa sYjojCL NVO w ` w- x L..% CL y . T OSTATE 53 P£S 31 b1 S2f31N7 13P 2 _ NW a. as a3N d co tH � r fC r' I rr 0 �� •• ARCH OOOht.S h z a ` � - I ,� j 2 S9kkld3 �aVTIFf [' ] k8Vd tilVd w , r.l ;� ¢ z 0lF SS4NR1dS�y3,�3� ••� rt "y 4v—.p 1S IddISSISSI W h. 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J`jalX i Yid �+ � _ `i OIY NtlMiA3 a K cs Q a `onerruiNaH`• o •mss.` c �a sNNVdS c dta i P O 37b47Nir3d k February 24, 2011 ITEM NO.: A 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. 1. SITE LOCATION: The property is located within the block bounded by Pine Street, Oak Street, West 17th Street and West 18th Street. 2. COMPATIBILITY WITH NEIGHBORHOOD: The church has been part of this neighborhood for many years. The church occupies most of this block and has additional, paved parking without located along West 18th, from Oak to Pine. The Stephens School and Community Center occupies 2+ blocks just east of the church. Two small commercial uses are located on C-3 zoned lots across Pine Street, to the west. A smaller church is located one block to the south. Otherwise, most of the rest of the neighborhood immediately around the site is occupied by single-family residences in various states. Allowing expansion of this existing neighborhood church, with appropriate attention given to landscaping and screening as needed, appears to be an appropriate use. Notice of the hearing has been sent to all owners of properties located within 200 feet of the site, all residents located within 300 feet who could be identified and the Stephens Area Faith, Hope, Love and Midway Neighborhood Associations. 3. ON SITE DRIVES AND PARKING: The new sanctuary is to have a seating capacity of 700 persons, requiring 175 parking spaces. The church has 140 parking spaces located in lots on either side of the existing church and on the south side of 18th Street. A 21-space lot will be constructed adjacent to the new sanctuary, February 24, 2011 ITEM NO.: A (Cont.) FILE NO.: Z-4649-C 2 providing a total of 161 spaces. Additional parking is available on the streets adjacent to the site. Staff supports the minor parking variance 4. SCREENING AND BUFFERS: Site plan must comply with the City's minimal landscape and buffer ordinance requirements. The zoning buffer ordinance requires a six foot – nine inch (6’-9”) wide land use buffer along the property line next to the residentially zoned property. Seventy percent (70%) of this area must remain undisturbed. The zoning buffer ordinance requires a six foot – nine inch (6’-9”) street buffer along all four perimeters of the site. Currently, the site is not meeting this minimal requirement. The landscape ordinance requires a six foot nine inch (6'-9") wide perimeter landscape strip around the site's entirety. A variance must be obtained from the City Beautiful Commission prior to the issuance of a building permit, if this minimum is not provided. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the perimeter of the site, next to the residentially zoned property. Credit towards fulfilling this requirement can be given for existing trees, newly planted evergreen vegetation, and undergrowth that satisfies this year- around requirement. Street trees are both highly encouraged and appreciated. The existing parking lots on site must be brought closer to compliance with the landscape ordinance in conjunction with this new building application. An automatic irrigation system to water landscaped areas will be required. Prior to the issuance of a building permit, it will be necessary to provide an approved landscape plan stamped with the seal of a Registered Landscape Architect. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling landscape ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. February 24, 2011 ITEM NO.: A (Cont.) FILE NO.: Z-4649-C 3 5. PUBLIC WORKS COMMENTS: 1. Due to the proposed use of the property, the Master Street Plan specifies that Pine Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to thirty (30) feet from centerline. 2. Due to the proposed use of the property, the Master Street Plan specifies that 17th Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to thirty (30) feet from centerline. 3. Due to the proposed use of the property, the Master Street Plan specifies that Oak Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to thirty (30) feet from centerline. 4. Due to the proposed use of the property, the Master Street Plan specifies that 18th Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to thirty (30) feet from centerline. 5. A twenty (20) foot radial dedication of right-of-way is required at the intersection of 17th Street/Pine Street; 18th Street/Oak Street; and 18th Street/Pine Street. 6. With the issuance of a building permit for the proposed sanctuary, repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 7. At time of building permit for the proposed sanctuary, all old driveway cuts not shown to be used must be removed. 8. At time of building permit issuance for the proposed sanctuary and/or proposed parking lot, measures to control the increase in stormwater runoff from the increased impervious surface should be implemented to not damage adjacent property. 9. Obtain a franchise agreement from Public Works (Bennie Nicolo, 371-4818) for the private improvements located in the right-of-way. February 24, 2011 ITEM NO.: A (Cont.) FILE NO.: Z-4649-C 4 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Alley must be retained as easement for existing sewer main unless main is abandoned. Sewer main cannot be abandoned unless Owner/Developer provides sewer service to property on West side of Pine Street being served by existing sewer main. No construction allowed over existing main unless abandoned. Entergy: Entergy has an existing 13KV circuit in the proposed alley abandonment, running west to east. Entergy must maintain/retain easement and alley access. Any removal/relocation is at customer's cost, 100%. Centerpoint Energy: Approved as submitted. AT&T (SBC): No comments received. Water: No objections. Fire Department: Approved as submitted. County Planning: No Comments. CATA: The site is not located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (OCTOBER 28, 2010) Ron Ross was present representing the application. Staff presented the item and noted additional information was needed on the proposed building; including building height and materials and if there would be a steeple or other architectural element on top of the building. Staff requested information regarding signage, fencing, site lighting and dumpster location and screening. Staff noted the proposed parking lot east of the new sanctuary, did not comply with buffer and landscape requirements and needed to be revised. Staff asked the applicant to describe the proposed connection between the existing building and the new sanctuary. Public Works, Utility and Landscape Comments were discussed. Staff noted the issue regarding the sewer line in the alley. It was noted that the C.U.P. could go forward, with the church's agreement to relocate sewer service, but the right-of- way and event abandonments could not go to the Board of Directors without all issues being resolved. February 24, 2011 ITEM NO.: A (Cont.) FILE NO.: Z-4649-C 5 The applicant was advised to submit responses to staff issues and 4 copies of a revised site plan, incorporating the required changes, no later than November 3, 2010. The Committee forwarded the item to the full Commission. 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 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. SUBDIVISION COMMITTEE COMMENT: (JANUARY 26, 2011) Ron Ross was present representing the application. Staff presented a revised plan and informed the committee that the applicant had responded to most all of the issues raised at the previous Subdivision Committee meeting. February 24, 2011 ITEM NO.: A (Cont.) FILE NO.: Z-4649-C 6 Mr. Ross stated the church would relocate any utilities currently located in the alley prior to proceeding with final abandonment of the alley. The Committee reviewed the plan and determined there were no other outstanding issues. The item was forwarded to the full Commission. STAFF ANALYSIS: First Baptist Church Highland Park occupies the R-3 zoned property located at 3800 West 18th Street. Paved parking lots are located on either side of the building. Additional paved parking is located on the south side of West 18th Street. The church is proposing to construct a new sanctuary and a small parking lot on the north half of the block currently occupied by the church building. The existing building will be connected to the new sanctuary by a heated and cooled connection. The existing sanctuary will be utilized for other church activities. Associated with this C.U.P. is a request to abandon the alley right-of-way within the block as well as any easements within the alley. The proposed octangular shaped sanctuary building will have a brick exterior and a pitched, shingled roof. The building height is proposed as follows: Low Roof = Eave height = 11’–0”, Ridge height = 27’– 6”. High Clerestory Roof = Eave height = 33’ – 6”, Ridge height = 39’ – 3”. Steeple = Eave height = 45’ – 3’, Steeple height = 78’ – 4”. No signage or fencing plan was submitted. Signage should comply with that allowed in office and institutional zones. Any fencing should comply with that allowed in residential zones. A covered drop-off is located at the main entry, which is at the southwest corner of the building. The canopy is designed for one- way usage, from the parking lot, to eliminate possible stacking of vehicles into the street. Site lighting will be located so that it is aimed downward and into the site. The final dumpster location has not been determined. Right-of-way dedication has been indicated on the site plan. The plan has been revised to indicate required landscaping adjacent to the new parking lot and an upgrade of landscaping at the other parking lots in the block. The church has agreed to relocate any utilities in the alley prior to abandonment of the alley right- of-way and easements. The century-old bill of assurance for Braddock’s Addition is handwritten and mostly illegible but likely does not address use issues. Once the right-of-way for the abutting streets is dedicated, the new sanctuary will have substantially reduced setbacks and portions of the site’s perimeter landscaping will be located in the new right-of-way. City Beautiful Commission February 24, 2011 ITEM NO.: A (Cont.) FILE NO.: Z-4649-C 7 approval and a franchise will also be needed to allow the landscaping to be partially in the right-of-way. The R-3 zoning district has a building height limit of 35 feet with steeples permitted up to twice the allowable building height. This proposed building appears to comply with the allowable building height other than at the steeple, which exceeds the allowable height by approximately 8 feet. Staff is supportive of the proposal to construct a new church sanctuary and parking lot on this R-3 zoned site. 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 building height, building setback and parking variances as noted. Staff recommends approval of the abandonment of the alley right-of-way and easements once new utilities are installed and accepted. PLANNING COMMISSION ACTION: (FEBRUARY 24, 2011) The applicant was present. There was one objector present. The applicant requested deferral of the item to the April 7, 2011 meeting to allow time to meet with the concerned neighbor. There was no further discussion. The item was placed on the consent agenda and deferred to the April 7, 2011 meeting by a vote of 11 ayes, 0 noes and 0 absent. February 24, 2011 ITEM NO.: B 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. STAFF REPORT: It has been determined that the names submitted with the petition are deficient. There are approximately 70 addresses on the affected portion of West 19th Street, requiring the submittal of at least 36 signatures in support. Many of the signatures submitted do not indicate an address, making it impossible to determine if a sufficient number of residents support the name change. Staff recommends deferral of the item to the April 7, 2011 Agenda with the applicant instructed to submit sufficient, proper signatures prior to the March 17, 2011 Subdivision Committee meeting. February 24, 2011 ITEM NO.: B FILE NO.: G-25-209 2 PLANNING COMMISSION ACTION: (FEBRUARY 24, 2011) The applicant was present. There were no other interested parties present. The applicant, Muhammad Rasheed, read a statement from Annie Abrams in which Ms. Abrams asked that the effort to rename 19th Street in her honor be discontinued. He then read a statement from the New Africa Alliance in which “the people” stated their desire to move forward with the application. Mr. Rasheed stated he had spoken with Ms. Abrams and she was now supportive of allowing the effort to go forward. Commissioner Nunnley asked if the Wright Avenue neighborhood Association supported the street name change. Mr. Rasheed responded that he did not know. Commissioner Nunnley asked who “the people” were. Mr. Rasheed responded that they were the area residents who supported the proposal to rename 19th Street for Ms. Abrams. Commissioner Nunnley stated he supported the application but he wanted Mr. Rasheed to talk with the Wright Avenue Neighborhood Association. There was no further discussion. The item was placed on the consent agenda and deferred to the April 7, 2011 meeting by a vote of 11 ayes, 0 noes and 0 absent. February 24, 2011 ITEM NO.: C FILE NO.: Z-8627 NAME: Steed Group Home – 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 Home (as revised by the applicant) 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. Staff Analysis: 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. February 24, 2011 ITEM NO: C (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, February 24, 2011 ITEM NO: C (Cont.) FILE NO.: Z-8627 3 parolee or probationer housing facilities and rooming, lodging and boarding facilities will be determined by the Planning Commission so as not to adversely impact the surrounding properties and neighborhood. Unless the commission determines that a different area is more appropriate, a neighborhood shall be defined as an area incorporating all properties lying within one thousand five hundred (1,500) feet of the site for which the permit is requested. (b) There shall be a presumption that a special use permit for a group home of 5, 6, 7, or 8 handicapped persons will be granted if all ordinance requirements are met, except that individuals whose tenancy would constitute a direct threat to the health or safety of other individuals 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. February 24, 2011 ITEM NO: C (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 February 24, 2011 ITEM NO: C (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. February 24, 2011 ITEM NO: C (Cont.) FILE NO.: Z-8627 6 STAFF UPDATE: The applicant submitted a letter to staff on January 28, 2011 amending the special use permit application. The applicant is amending the application to a “group home” use rather than a “group care facility”. The applicant is limiting the residents to eight (8) instead of twelve (12) as originally requested. The applicant notes that all of the residents will be handicapped individuals, and meet the “federal guidelines for handicapped status”. The applicant has explained that the residents will be individuals who “suffer from either substance abuse or mental health disease”. The individual residents will be referred to the applicant from clinicians or hospitals, with their needs assessed prior to acceptance in the residential program. The proposed bedroom arrangement will remain the same as noted in paragraph B. of the Staff Report, with the exception of Bedroom 6, which will be used for storage only and not a bedroom. Staff is supportive of the application for a group home, as amended by the applicant. Staff views the request as reasonable. The property is zoned R-4, and if the structure were converted to a duplex, eight (8) unrelated persons could occupy the structure by right. Additionally, as noted in Section 36-54(e)(4) of the code (page 3. of the staff report), there shall be a presumption that a special use permit for a group home of 5 to 8 handicapped persons will be granted if all ordinance requirements are met. Staff believes that is the case with the subject property. Utilizing the parking pad in the rear yard area in combination with the on-street parking should be sufficient to serve the proposed group home use. Staff believes the proposed group home use will have no adverse impact on the adjacent properties or the general area. Revised Staff Recommendation: Staff recommends approval of the Special Use Permit to allow a group home use, as revised by the applicant, at 2308 S. Summit Street, subject to the following conditions: 1. A maximum of eight (8) handicapped residents will be allowed. 2. The parking pad in the rear yard area must be utilized for off-street parking. 3. Compliance with all other requirements as found in Section 36-54(e)(4) of the Code. February 24, 2011 ITEM NO: C (Cont.) FILE NO.: Z-8627 7 PLANNING COMMISSION ACTION: (FEBRUARY 24, 2011) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval. Staff noted that a letter of opposition had been received from the Wright Avenue Neighborhood Association. There was no further discussion. The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 11 ayes, 0 noes and 0 absent. February 24, 2011 ITEM NO.: D FILE NO.: Z-8524 NAME: ZAG Investments Event Center – Conditional Use Permit LOCATION: 6014 Forbing Road OWNER/APPLICANT: ZAG Investments/Patrick McGetrick PROPOSAL: A conditional use permit is requested to allow use of a portion of the existing building on this I-2 zoned tract as a special event center. 1. SITE LOCATION: The site is located on the north side of Forbing Road, one lot west of Geyer Springs Road. 2. COMPATIBILITY WITH NEIGHBORHOOD: The site is located in an area of mixed zoning and uses; including commercial, residential and industrial. A C-3 zoned strip center is adjacent to the east. Additional commercial uses are located along Geyer Springs Road, east of the site. Vacant C-4 and I-2 zoned buildings are located across Forbing Road to the south. A variety of light industrial and warehouse uses are located along Forbing Road, extending west to University Avenue. The I-2 zoned property adjacent to the west contains a vacant building, an office and a residence. A small, R-2 zoned single family neighborhood is located adjacent to the north. All owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and the SWLR United for Progress and Wakefield Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: 5,000 square feet of the existing building are proposed to be used for the event center, requiring 50 on-site parking spaces. The remaining 5,000 square feet of the building are to be used for warehousing, requiring 7 spaces. The site contains paved parking for 62 spaces. Access to the site is provided via two driveways off of Forbing Road. 4. SCREENING AND BUFFERS: Site plan must comply with the City’s landscape and buffer ordinance requirements. February 24, 2011 ITEM NO.: D (Cont.) FILE NO.: Z-8524 2 An upgrade may be required if the rehabilitation of the structure exceeds fifty percent (50%) of the current replacement cost. 5. PUBLIC WORKS COMMENTS: 1. Forbing Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way forty-five (45) feet from centerline will be required. 2. Obtain a franchise agreement from Public Works (Bennie Nicolo, 371- 4818) for the private improvements located in the right-of-way. These improvements include such items as irrigation system, landscaping, signage, parking areas, gates, fence, etc… 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 objection. All Central Arkansas Water requirements in effect at the time of request for water service must be met. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer’s expense. Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. Contact Central Arkansas Water regarding the size and location of the water meter. February 24, 2011 ITEM NO.: D (Cont.) FILE NO.: Z-8524 3 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. Fire Department: Fire sprinklers may be required. Contact Fire Marshall’s office at 918-3757. County Planning: No Comments. CATA: The site is located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 18, 2010) Patrick McGetrick and the property owners Sharon and James Robinson were present. Staff presented the item and noted additional information was needed regarding signage, dumpster location and screening and the bill of assurance. Staff informed the Committee that the applicant’s cover letter indicated “no alcohol will be sold at the site”. Staff asked for further clarification on the issue of alcohol consumption at the site. Staff asked if noise mitigation measures would be taken to reduce the potential impact on the adjacent residential properties. Staff noted the proposed change in occupancy would require compliance with building code and fire code requirements related to such issues as sprinklers, exits and restrooms. The applicants were advised to visit with those agencies to determine the feasibility of having this use occupy the building. The applicant responded that the building already had a sprinkler system but they would visit with the Building Codes and Fire Department Staff about any other issues. Public Works and Utility Comments were noted. The applicants were encouraged by a member of the Committee to meet with neighbors. The applicants were instructed to respond to staff issues by February 24, 2010. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: A conditional use permit is requested to allow for use of a portion of the building located on the I-2 zoned property at 6014 Forbing Road as an event center. The property is occupied by a 10,000± square foot building and paved parking for 62 vehicles. Most recently, the property was occupied by an equipment rental business. The building is “T” shaped. The upper (rear) end of the “T” contains approximately 5,000 square feet and is proposed to continue to be used as February 24, 2011 ITEM NO.: D (Cont.) FILE NO.: Z-8524 4 warehouse space. The lower (front) of the “T” contains approximately 5,000 square feet and is proposed for use as the event center. The two sections of the “T” are connected by a covered drive. The property is enclosed by an 8 foot tall chain link fence with two gates at the driveways off of Forbing Road. The hours of operation for the event center are proposed as 7:00 a.m. to 1:00 a.m., seven days a week. The applicant states it is not likely the facility will actually be used every day. The applicant submitted the following statement describing the proposed event center: This center is to be used primarily for private parties for anniversaries, wedding receptions, birthdays, etc. Where it will not be open seven days a week, it will be offered to rent any day of the week. It is our intention to limit functions to small groups and not for the purpose of concerts, etc. Individuals will rent the building for their functions and either supply their own items such as tables and chairs, or rent them. Where food may be brought in and served, it will not be prepared at this site. Hours of operation could be any time between 7:00 a.m. and 1:00 a.m. Alcohol events will be structured as part of the overall program, and individuals remain the responsibility of the contact person holding the event. Alcohol will only be available under the following conditions: a. An appropriate licensed caterer will be contracted by the individual leasing the building to supply food and drink to be provided at no cost to the guest or; b. The party will be by invitation only and food and drink will be provided by the individual renting the site. Proof of invitation will be provided at the door, with the contact person being responsible for verifying the age of the individual served. There will be no brown bagging, cash bars, or selling of “Drink tickets”. No alcohol will be allowed outside of the building. All City of Little Rock, State of Arkansas guidelines, requirements and regulations will be strictly adhered to. Since there is no Center like this in Southwest Little Rock, we hope to bring the community together at times of celebration. February 24, 2011 ITEM NO.: D (Cont.) FILE NO.: Z-8524 5 The applicant did submit responses to the questions raised at Subdivision Committee. Some of those are covered by the statement above. Home Acres Subdivision was platted in 1924 and a copy of the bill of assurance could not be located. The existing ground-mounted pole sign will be used. A dumpster and required screening are indicated at the north end of the east side parking lot. Right-of-way dedication has been indicated and a franchise will be requested for the sign, fence, gates and 4 parking spaces which will be in the new right-of-way. The applicant states any impact on the residential properties behind the site will be mitigated by the fact that all activities for the event center will take place in the front portion of the building which is located approximately 100 feet south of the property line separating this property from the adjacent residential properties. All activities will be restricted to the interior of the building. The applicant has spoken with Building Codes and Fire Department Staff regarding the change in occupancy. The building is currently sprinkled. An additional fire hydrant may need to be installed. The existing restrooms will need to be modified to meet current code standards. The applicant is proposed to comply with any requirements. As this agenda is being prepared, the Board of Directors is considering passing a resolution establishing a six (6) month moratorium on the approval of any applications for event centers, including any which may be pending at any stage of the planning process. The Board is scheduled to act on the resolution at their March 2, 2010 meeting. Staff will present an update to the Commission and a recommendation on this application at the March 11, 2010 meeting. STAFF RECOMMENDATION: Staff’s recommendation is forthcoming. PLANNING COMMISSION ACTION: (MARCH 11, 2010) The applicants were not present. There were no objectors present. Staff informed the Commission that, on March 2, 2010, the Board of Directors had passed a resolution establishing a six (6) month moratorium on the approval of any special event centers. Staff recommended deferral of the item to the October 7, 2010 Commission meeting. There was no further discussion. The item was placed on the consent agenda and approved for deferral by a vote of 9 ayes, 0 noes and 2 absent. February 24, 2011 ITEM NO.: D (Cont.) FILE NO.: Z-8524 6 STAFF UPDATE AND RECOMMENDATION: On August 17, 2010, the Board of Directors passed Resolution No. 13,183 extending the moratorium on applications for Special Event Centers for an additional 60 days; through November 2, 2010. Staff recommends deferral of this item to the November 18, 2010 Commission meeting. PLANNING COMMISSION ACTION: (OCTOBER 7, 2010) The applicant was not present. There were no objectors present. Staff informed the Commission that, on August 17, 2010, the Board of Directors had passed Resolution No. 13, 183 extending the moratorium on applications for special event centers for an additional 60 days; through November 2, 2010. 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. STAFF UPDATE AND RECOMMENDATION: On November 1, 2010, the Board of Directors passed a resolution extending the moratorium on applications for event centers through January 31, 2011. Staff recommends deferral of this item to the February 24, 2011 Commission meeting. PLANNING COMMISSION ACTION: (NOVEMBER 18, 2010) The applicant was not present. There were no objectors present. Staff informed the commission that on November 1, 2010, the Board of Directors passed a resolution extending the moratorium on applications for event centers through January 31, 2011. Staff 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. February 24, 2011 ITEM NO.: D (Cont.) FILE NO.: Z-8524 7 STAFF REPORT: On February 1, 2011, the Board of Directors passed Ordinance No. 20,396 which amended the Zoning Ordinance for the purpose of establishing regulations for event centers. Event Centers are now permitted only as a conditional use in the C-2, C-3 and UU Zoning Districts. This property is zoned I-2 and does not qualify for consideration as a conditional use for an event center. If the applicant desires to pursue such a use at this site, the property will need to be rezoned. Staff recommends withdrawal of this C.U.P. application. PLANNING COMMISSION ACTION: (FEBRUARY 24, 2011) The applicant was not present. There were no other interested parties present. Staff presented the item and recommended withdrawal as noted in the “staff recommendation” above. There was no further discussion. The item was placed on the consent agenda and approved for withdrawal by a vote of 11 ayes, 0 noes and 0 absent. February 24, 2011 ITEM NO.: E FILE NO.: 320 NAME: Cooper Orbit Road Annexation REQUEST: Accept 48.3 acres plus or minus to the City LOCATION: Along the north side of Cooper Orbit Road at Glisten Lane SOURCE: Mark Hodge, Agent for the Property Owners On August 10, 2010, the applicant requested that this item be deferred. Staff Recommendation: Staff supports the deferral of this item to October 7, 2010. PLANNING COMMISSION ACTION: (AUGUST 26, 2010) The item was placed on the consent agenda for deferral to the October 7, 2010 Planning Commission meeting. By a vote of 9 for and 0 against (1 absent, 1 vacant) the consent agenda was approved. STAFF UPDATE: The applicant on September 24, 2010 asked that this item be deferred to the January 6, 2011 Planning Commission meeting. PLANNING COMMISSION ACTION: (OCTOBER 7, 2010) The item was placed on consent agenda for deferral to the January 6, 2011 Planning Commission meeting. By a vote of 11 for and 0 against the consent agenda was approved. STAFF UPDATE: On Friday February 11, the applicant requested this item be withdrawn. Staff recommends the item be withdrawn as requested. February 24, 2011 ITEM NO.: E (Cont.) FILE NO.: 320 2 PLANNING COMMISSION ACTION: (FEBRUARY 24, 2011) The applicant requested this item be withdrawn. The item was placed on the consent agenda for withdrawal. By a vote of 11 for 0 against the consent agenda was approved. February 24, 2011 ITEM NO.: F 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. February 24, 2011 SUBDIVISION ITEM NO.: F (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. February 24, 2011 SUBDIVISION ITEM NO.: F (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; February 24, 2011 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: Z-3859-A 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 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- February 24, 2011 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: Z-3859-A 5 thropic 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. 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 February 24, 2011 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: Z-3859-A 6 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. 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 February 24, 2011 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: Z-3859-A 7 January 27, 2011 meeting. The motion was approved by a vote of 8 ayes, 0 noes, 1 absent and 2 open positions. PLANNING COMMISSION ACTION: (JANUARY 27, 2011) The applicant was present. There were two registered objectors present. Staff informed the Commission that, on January 27, 2011, the applicant had requested deferral of the item to the February 24, 2011 meeting. There was no further discussion. A motion was made to waive the Commission’s bylaws as regards the late deferral request. The motion was approved by a vote of 9 ayes, 0 noes and 2 absent. The item was placed on the consent agenda and approved for deferral to the February 24, 2011 meeting by a vote of 9 ayes, 0 noes and 2 absent. PLANNING COMMISSION ACTION: (FEBRUARY 24, 2011) The applicant was not present. There were no other interested parties present. Staff informed the Commission that the applicant had requested withdrawal of the item. There was no further discussion. The item was placed on the consent agenda and approved for withdrawal by a vote of 11 ayes, 0 noes and 0 absent. February 24, 2011 ITEM NO.: 1 FILE NO.: Z-8142-A Owner: LBI, Inc. Applicant: Thomas Pownall, Thomas Engineering Location: West side of Shackleford Road, approximately ¼ mile North of Colonel Glenn Road Area: 20.455 Acres Request: Rezone from R-2 to MF-18 Purpose: Future multifamily development Existing Use: Undeveloped SURROUNDING LAND USE AND ZONING North – Undeveloped property; zoned R-2 South – Mini-warehouse and office warehouse uses; zoned PCD and I-1 East – Mobile home park and office warehouse development (across Shackleford Road); zoned R-2 and I-1 West – Undeveloped property; zoned O-2 A. PUBLIC WORKS COMMENTS: 1. Shackleford Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. 2. A Land Alteration Variance was issued for the property on May 20, 2010 approving less than 2-inch caliper trees to be replanted on the property by February, 2011. B. PUBLIC TRANSPORTATION ELEMENT: The site is located on CATA bus route #14 (Rosedale Route). 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 John Barrow Neighborhood Association were notified of the rezoning request. February 24, 2011 ITEM NO: 1 (Cont.) FILE NO.: Z-8142-A 2 D. LAND USE ELEMENT: This request is located in the I-430 Planning District. The Land Use Plan shows Residential High Density for this property. The applicant has applied for a rezoning from R-2 Single Family to MF-18 Multi-family. The land use requested is consistent with the Future Land Use Plan. Master Street Plan: This application has frontage on Shackleford Road, which a Principal Arterial. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Shackleford Road. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class II bike route is shown along Shackleford Road. A Class II has a sign and minimum width of 6 feet from back of curb or the 5-foot roadway shoulder dedicated for the sole use of bicycles. E. STAFF ANALYSIS: LBI, Inc., owner of the 20.455 acre property located on the west side of Shackleford Road, approximately ¼ mile north of Colonel Glenn Road, is requesting to rezone the property from “R-2” Single Family District to “MF- 18” Multifamily District. The rezoning is proposed to allow future multifamily development of the property. The property is currently undeveloped and mostly wooded. The property has varying degrees of slope. Most of the property is at a higher elevation than Shackleford Road. Portions of the property have recently been cleared of trees. A Land Alteration Variance was approved on May 20, 2010 for the clearing and replanting of trees. The general area contains a mixture of uses and zoning. Undeveloped property (zoned R-2 and O-2) is located north and west of the subject property. A large mobile home park and office warehouse development are located across Shackleford Road to the east. A mini-warehouse development and office warehouses are located to the south. Additional commercial and light industrial uses are located to the east and west along the Colonel Glenn Road corridor. February 24, 2011 ITEM NO: 1 (Cont.) FILE NO.: Z-8142-A 3 The City’s Future Land Use Plan designates this property as Residential High Density. The requested MF-18 zoning does not require a Land Use Plan Amendment. Staff is supportive of the requested rezoning to MF-18. Staff views the request as reasonable. Staff feels that a multifamily development will be a nice addition to the existing use mix in this area near the intersection of I-430 and Colonel Glenn Road. With the growing commercial developments to the west and north (Shackleford Crossings), a multifamily development with the potential of 360 units will aid in supporting these developments. Staff believes that multifamily development of this property is appropriate and will have no adverse impact on the adjacent properties or the general area. F. STAFF RECOMMENDATION: Staff recommends approval of the requested MF-18 rezoning. PLANNING COMMISSION ACTION: (FEBRUARY 24, 2011) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval. Staff noted that a letter of opposition had been received from the John Barrow Neighborhood Association. There was no further discussion. The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 11 ayes, 0 noes and 0 absent. February 24, 2011 ITEM NO.: 2 FILE NO.: Z-5321-A NAME: Landers Auto Repair and Body Shop – Conditional Use Permit LOCATION: 4217 S. Shackleford Road OWNER/APPLICANT: SCC Properties, LLC/CDFP CM-SCC Investment, LLC; Jeff Yates, Agent PROPOSAL: A conditional use permit is requested to allow for the use of one of the existing buildings on this I-1 zoned site for an auto repair and body shop business. 1. SITE LOCATION: The site is located on the east side of S. Shackleford, several hundred feet north of Colonel Glenn. The proposed auto repair and body shop is to be located in the eastern-most building. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an area of mixed zoning and uses. This 12-acre tract contains five buildings, which are occupied by a variety of light industrial and service uses. The properties to the south contain a mixture of industrial and residential uses. Across Shackleford to the west, the uses include a mini-warehouse development and a vacant tract which is proposed for rezoning to multifamily (Item 1 on this agenda). A nonconforming mobile home park is adjacent to the north and an OS zoned floodway is adjacent to the east. The proposal is to use an existing building within a developed, I-1 zoned site. Screening will be installed where needed to screen the vehicles awaiting service. The proposed use appears to be compatible with uses in the area. All owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and the John Barrow Neighborhood Association were notified of this request. 3. ON SITE DRIVES AND PARKING: The parking requirement for an automotive service business is 5 spaces plus 1 space for each 250 square feet of building area. This building contains 26,500 square feet, requiring a total of 110 parking spaces. Approximately 30 striped spaces are located in front of the building. The paved area behind the building can easily accommodate an additional February 24, 2011 ITEM NO.: 2 (Cont.) FILE NO.: Z-5321-A 2 30 vehicles. If it is deemed necessary, the applicant proposes to expand the parking area behind the building to the north and south which will accommodate another 30 to 40 vehicles. Due to the nature of the business, staff believes the proposed parking is sufficient. 4. SCREENING AND BUFFERS: Any new vehicular use areas will need to be landscaped and buffered to comply with ordinance requirements. This portion of the overall I-1 zoned tract has only a point relationship with abutting residentially zoned properties to the north and south. Screening of the vehicle storage area is to be installed so that the area is not visible from the residential properties or from the remainder of the overall I-1 site. The landscape plan must have the seal of a registered landscape architect. An automatic irrigation system is required for any new landscape areas. 5. PUBLIC WORKS COMMENTS: 1. Shackleford 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. (Completed with original rezoning.) 2. Show floodway delineation on the survey from the October 19, 2001 FIRM if located on property. The survey references the November 3, 1993, which is no longer valid. (Completed) 3. Due to portions of the property being in the floodplain, the minimum finish floor elevation of any future structures or additions constructed in the floodplain on the property will be required to be constructed to at least one (1) foot above the base flood elevation. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. Entergy: Overhead easement required on south side of building for existing powerline. Access through gate to Entergy facilities is required. Centerpoint Energy: Two (2) inch main located on south side of property in easement, then behind building. AT&T (SBC): No comments received. February 24, 2011 ITEM NO.: 2 (Cont.) FILE NO.: Z-5321-A 3 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. Gates must meet code to allow Little Rock Fire Department access. Contact Fire Marshall’s office at 918-3757. County Planning: No Comments. CATA: The site is located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (JANUARY 26, 2011) Jeff Yates was present representing the applicant. Staff presented the item and noted additional information was needed regarding signage, days and hours of operation, lighting and dumpster location. Staff noted any new vehicular use areas would need to be paved and landscaped to comply with Code. Staff also noted that no inoperable, partially dismantled, wrecked or junked vehicles may remain on the site more than 30 days and no outside storage of vehicle parts is permitted. Public Works and Utility Comments were discussed. Mr. Yates was advised to discuss any questions with those agencies. The applicant was advised to respond to staff issues by Wednesday, February 2, 2011. The Committee determined there were no other issues and forwarded the item to the full Commission. February 24, 2011 ITEM NO.: 2 (Cont.) FILE NO.: Z-5321-A 4 STAFF ANALYSIS: This I-1 zoned, 12+ acre tract is occupied by five (5) large office-warehouse buildings. Areas of paved parking are located around each building. Access is via a single driveway off of S. Shackleford Road. The applicant is requesting approval of a conditional use permit to allow use of the eastern-most building for an automobile repair and auto body business. The business is proposed to operate Monday through Saturday, 7:00 a.m. to 6:00 p.m. Signage will consist of wall signage on the building’s front (west) façade to comply with city code. Exterior lighting will consist of building mounted wall lighting. The lighting will be directed downward, into the site. Vehicles awaiting service and customer pick-up will be parked behind and adjacent to the building, not in the front parking lot. The vehicle storage/parking area will be screened by a solid, opaque fence. Screening will be installed in line with the front façade of the building and is needed on the north and south perimeters of the parking area, where the site is visible from adjacent residentially zoned properties. A large, OS zoned floodway is adjacent to the east. The floodway area is heavily vegetated and no screening is needed in this area. Dumpsters will be located on concrete pads to be added along the south side of the existing parking behind the building. This area will be screened by the opaque fence noted above and may be additionally screened at the dumpsters. Vehicle access to the building will be via the existing, at-grade entrance on the south side of the building. It is possible that the vehicle use area behind the building may be expanded to the north and south. Any expansion will be paved and landscaped to comply with code. No vehicles will be kept on site in excess of 30 days and no vehicle parts will be stored outside. To staff’s knowledge, there are no outstanding issues. The applicant has responded to all issues raised at Subdivision Committee. There is no bill of assurance for this acreage tract. With the proposed conditions, the use appears to be appropriate for the site. STAFF RECOMMENDATION: Staff recommends approval of the requested C.U.P. subject to compliance with the following conditions: February 24, 2011 ITEM NO.: 2 (Cont.) FILE NO.: Z-5321-A 5 1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. 2. No inoperable, partially dismantled, wrecked or junked vehicles are to remain on the site more than thirty (30) days. 3. No outside storage of vehicle parts is permitted. 4. Vehicles awaiting service or customer pickup are to be kept behind the screening fence behind or adjacent to the building, not in the parking lot in front of the building. Staff recommends approval of the noted parking variance. PLANNING COMMISSION ACTION: (FEBRUARY 24, 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 11 ayes, 0 noes and 0 absent. LU LLJ 0 z 3 µ 0 CD z J O� i as c 73 0 d c v LU U LU 0 W W MEMO slalom milloommillo loollooliall1 m 2 LU m mm cry r Q U Q J �_ O Co tai_ ,m`C Z LL Z © z ©7-Q� o- T Li' < Lu Z Z Z � LLJ LL, fl F- U (U as c 73 0 d c v LU U LU 0 W W m 2 LU m QLjZl- U Q m cry r Q U Q J �_ O Co tai_ ,m`C Z LL Z © z ©7-Q� o- T Li' < Lu Z Z Z � LLJ LL, fl F- U (U as c 73 0 d c v LU U LU 0 W W February 24, 2011 There being no further business before the Commission, the meeting was adjourned at 4.75 p.m. Date f 7 �,