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pc_11 03 2011 LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING MINUTE RECORD NOVEMBER 3, 2011 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present being nine (9) in number. II. Members Present: William Changose Janet Dillon J. T. Ferstl Keith Fountain Dan Harpool Troy Laha Obray Nunnley, Jr. Amy Pierce Bill Rector Members Absent: Tom Brock Rebecca Finney City Attorney: Cindy Dawson III. Approval of the Minutes of the September 22, 2011 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING NOVEMBER 3, 2011 4:00 P.M. I. OLD BUSINESS: Item Number: File Number: Title: A. Z-8698 Little Rock Black Police Officers Short-Form PD-O 2521 S. Arch Street II. NEW BUSINESS: Item Number: File Number: Title: 1. Z-8707 Rezoning from O-3 and R-3 to R-4 1110 S. Woodrow Street 2. Z-4984-A Our Lady of Good Counsel Catholic Church – Revised Conditional Use Permit 1321 S. Van Buren 3. Z-7784-B St. Andrews Church – Revised Conditional Use Permit 8300 Kanis Road 4. Z-8706-A Loft 1023 Event Center – Conditional Use Permit 1023 West 7th Street 5. Z-8709 C B Parking Commercial Surface Parking Lot Expansion – Conditional Use Permit Southeast corner of West 3rd and Arch Streets 6. Z-8710 5301 S. Shackleford Road Lumber Yard – Conditional Use Permit 5301 S. Shackleford Road 7. Z-8708 Kendle Beauty and Barber Shop – Conditional Use Permit 5612 Patterson Road Agenda, Page Two II. NEW BUSINESS: Item Number: File Number: Title: 8. Repeal of Division 9 Article V. Zoning Ordinance “Central City Redevelopment Design Overlay District” 9. Master Street Plan Amendment – Repealing and replacing the Bicycle Master Plan Text and Map November 3, 2011 ITEM NO.: A FILE NO.: Z-8698 NAME: Little Rock Black Police Officers Association Short-form PD-O LOCATION: Located at 2521 South Arch Street DEVELOPER: Little Rock Black Police Officers Association Attn. Troy Ellison P.O. Box 164638 Little Rock, AR ENGINEER: Marlar Engineering 5318 JFK Boulevard North Little Rock, AR 72116 AREA: 0.45 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: R-4, Two-family ALLOWED USES: Single-family and Two-family residential PROPOSED ZONING: PD-R PROPOSED USE: Meeting space for the Little Rock Black Police Officers Association VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The Little Rock Black Police Officers Association was formed in 1978 by ten (10) black officers on the Little Rock Police Department to address the concerns of issues and conditions within the Department that adversely affected black officers to the Department’s Administration, City Government Officials and Community Leaders. The organization is affiliated with the National Black Police Association (NBPA), which was formed in 1972. The organization has committed to community service in relation to minority recruiting, neighborhood clean-ups and food drives. The organization strives to November 3, 2011 ITEM NO.: A (Cont.) FILE NO.: Z-8698 2 recruit minorities in the community by holding or participating in career orientations, job fairs and motivational lectures to encourage career aspirations and awareness. The organization feels educational volunteerism is the key to establishing awareness and insight to young adults and adolescents. The organization continues to adopt a public school and volunteer time in reading programs. These programs allow the officers to educate the students on emergency awareness by use of 911 and 311 systems. The organization also works within itself to assist the membership in developing leadership skills and providing the career advice. B. EXISTING CONDITIONS: The site contains a single-family structure currently under renovation by the Little Rock Black Police Officers Association. Across 26th Street to the south is a church. To the north, east and west are single-family homes. North of the site, along East Roosevelt Road, there is a mixture of residential homes and office uses. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area property owners. All property owners located within 200-feet of the site, all residents, who could be identified, located within 300 feet of the site and the Meadowbrook Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. A 20-foot radial dedication of right-of-way is required at the intersection of 26th Street and Arch Street. 2. Arch Street is classified on the Master Street Plan as a principal arterial with special design standards. Dedication of right-of-way to 35 feet from centerline will be required. It cannot be determined if the existing right-of-way is sufficient because the right-of-way centerline is not shown on the survey. 3. Repair or replace any curb and gutter, sidewalk, or driveway apron that is damaged in the public right-of-way prior to occupancy. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer is available to this project. Entergy: Approved as submitted. November 3, 2011 ITEM NO.: A (Cont.) FILE NO.: Z-8698 3 Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water regarding the size and location of the water meter. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work will be done at the expense of the developer. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water requires that upon installation of the RPZ assembly, successful tests 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 to Central Arkansas Water’s Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) are required. They will be installed at the Developer’s expense. Fire Department: Approved as submitted. County Planning: No comment. CATA: Approved as submitted. The site is located near CATA Bus Route #15, the 65th Street Route. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Central City Planning District. The Land Use Plan shows Residential Low Density for this property. The applicant has applied for a request to rezone the site to Planned Development Office to allow the use of the existing structure as meeting space for this organization. Master Street Plan: Arch Street is 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 Arch Street since it is a Principal Arterial. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. November 3, 2011 ITEM NO.: A (Cont.) FILE NO.: Z-8698 4 Bicycle Plan: There are no bike routes shown in the immediate vicinity. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (September 15, 2011) Mr. Troy Ellison was present representing the request. Staff presented the item stating there were few outstanding technical issues associated with the request. Staff questioned the days and hours of operation for the site. Staff also requested Mr. Ellison provide a signage plan for the site. Public Works comments were addressed. Staff stated a radial dedication was required at the intersection of the abutting streets. Staff also stated any broken curb, gutter or sidewalk was to be repaired with the approval of the rezoning request. The Committee determined there were no other issues and forwarded the item to the full Commission. H. ANALYSIS: The applicant submitted a revised cover letter to staff addressing the issues raised at the September 15, 2011, Subdivision Committee meeting. The applicant has provided the proposed signage plan and the days and hours of operation. The applicant has indicated building signage will be installed initially but is requesting to be allowed a ground sign in the future. The building signage is proposed similar to signage allowed in office zones or a maximum of ten percent (10%) of the front façade abutting the public street. The ground signage is proposed with a maximum height of four (4) feet and a maximum sign area of 24 square feet. Members of the Little Rock Black Police Officers Association will use the site and the hours of activity will vary. Officers will stop by to do reports or take breaks. The Board meets every first Tuesday of the month from 3 pm to 5 pm. The membership meeting is every second Tuesday from 5 pm to 6 pm. The Little Rock Black Police Officers Association is proposing to use the existing structure with minor interior renovations and only cosmetic repairs on the exterior of the structure. The site contains a single-family driveway, which limits the amount of parking on the site. The Association has provided an agreement with an adjacent church to utilize their parking for events taking place at the site. November 3, 2011 ITEM NO.: A (Cont.) FILE NO.: Z-8698 5 To staff’s knowledge there are no remaining outstanding technical issues associated with the request. Staff feels the rezoning of the site from R-4, Two-family to PD-O to allow the Little Rock Black Police Officers Association to utilize this existing structure, as meeting space will not negatively impact the area. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. PLANNING COMMISSION ACTION: (OCTOBER 6, 2011) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had failed to notify property owners as required by the Planning Commission’s By-laws. Staff presented a recommendation of deferral of the item to the November 3, 2011, public hearing. There was no further discussion of the item. The chair entertained a motion for approval of the item on the consent agenda as presented by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. PLANNING COMMISSION ACTION: (NOVEMBER 3, 2011) Mr. Troy Ellison was present representing the Little Rock Black Police Officers Association. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. November 3, 2011 ITEM NO.: 1 FILE NO.: Z-8707 Owner: Little Rock Housing Authority Applicant: Colley Burrow, Fennell Purifoy Architects Location: 1110 S. Woodrow Street Area: 0.245 Acre Request: Rezone from O-3 and R-3 to R-4 Purpose: To construct new duplex Existing Use: Vacant lot SURROUNDING LAND USE AND ZONING North – Vacant lot and single family residences; zoned O-3, C-1 and R-3 South – Vacant commercial building and parking lot; zoned C-3 East – Commercial building and parking lot (across S. Woodrow Street); zoned I-2 and R-3 West – Single family residential structures; zoned R-3 A. PUBLIC WORKS COMMENTS: 1. Woodrow St. is classified on the Master Street Plan as a minor arterial with special design standards. A dedication of right-of-way 35 feet from centerline will be required. Provide the centerline of the Woodrow St. right-of-way on the survey to determine if right-of-way is required to be dedicated. B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a CATA bus route. Bus Route #3 (Baptist Medical Center Route) runs along West 12th Street to the south. C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site, and the Pine to Woodrow, Stephens Area Faith, Capitol Hill and Central High Neighborhood Associations were notified of the public hearing. November 3, 2011 ITEM NO.: 1 (Cont.) FILE NO.: Z-8707 2 D. LAND USE ELEMENT: This request is located in the I-630 Planning District. The Land Use Plan shows Mixed Use (MX) for this property. Mixed Use allows for a mixture of residential, office and commercial uses to occur. A Planned Zoning District is required if the use is entirely office or commercial or if the use is a mixture of the three. The applicant has applied for a rezoning from O-3 and R-3 to R-4, Two-Family to allow for the construction of a duplex. Master Street Plan: Woodrow is a Minor Arterial. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exists should be limited to minimize negative effects of traffic and pedestrians on Woodrow since it is a Minor Arterial. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes shown in the immediate vicinity. E. STAFF ANALYSIS: Little Rock Housing Authority, owner of the 0.245 acre property located at 1110 S. Woodrow Street, is requesting to rezone the property from “O-3” General Office District and “R-3” Single Family District to “R-4” Two-Family District. The main portion of the property (0.23 acre) is currently zoned O-3, with a small “bump-out” at the southwest corner of the property being zoned R-3 (0.015 acre). The rezoning is proposed to allow construction of a new duplex structure. The property is currently undeveloped. A single family residential structure which existed on the site was recently removed. The general area at the intersection of S. Woodrow Street and West 12th Street contains a mixture of zoning and uses. There is a vacant commercial building located on the C-3 zoned property immediately to the south. A vacant lot and a single family structure are located to the north. Single family residences are located to the west (R-3 zoning). Nichols and Simpson Organ builders is located in the commercial building across S. Woodrow Street to the east (I-2 and R-3 zoning). A mixture of commercial uses is located at the intersection of S. Woodrow Street and West 12th Street. Several single family residences in this immediate area are vacant and boarded. The City’s Future Land Use Plan designates this property as Mixed Use (MX). The requested R-4 zoning does not require a change to the Land Use Plan. November 3, 2011 ITEM NO.: 1 (Cont.) FILE NO.: Z-8707 3 Staff is supportive of the requested R-4 rezoning. Staff views the request as reasonable. The Future Land Use Plan designation of “MX” Mixed Use allows for a mixture of residential, office and commercial zonings and uses. The MX designation extends from Maryland Avenue to West 14th Street, along the west side of S. Woodrow Street. The Little Rock Housing Authority’s plan to construct a duplex on this property will be consistent with the overall future plan for this area. Staff believes the proposed R-4 zoning will have no adverse impact on the adjacent properties or the general area. F. STAFF RECOMMENDATION: Staff recommends approval of the requested R-4 rezoning. PLANNING COMMISSION ACTION: (NOVEMBER 3, 2011) Staff informed the Commission that the application needed to be deferred to the December 15, 2011 agenda, based on the fact the applicant failed to send the required notices to surrounding property owners. Staff supported the deferral. The application was placed on the Consent Agenda and deferred to the December 15, 2011 agenda with a vote of 9 ayes, 0 nays and 2 absent. November 3, 2011 ITEM NO.: 2 FILE NO.: Z-4984-A NAME: Our Lady of Good Counsel Catholic Church – Revised Conditional Use Permit LOCATION: 1321 S. Van Buren OWNER/APPLICANT: Catholic Diocese of Little Rock/Odom-Peckham Architects PROPOSAL: A revision to the previously approved conditional use permit is requested to allow for replacement of the old convent building with a new building to serve as housing for seminary students on this existing church and school site. 1. SITE LOCATION: The site is located on the south side of West 12th Street, between Jackson and Van Buren Streets. The proposed building is located on the northern portion of the church property. 2. COMPATIBILITY WITH NEIGHBORHOOD: The church and its related functions have occupied this property for about 100 years. The convent building was constructed in 1955. The proposal is to replace the convent with a new building to house the same number of persons (seminary students rather than nuns). As such, there is virtually no change to the site. Allowing replacement of the old two-story convent building with a new one-story seminary student housing building should not affect the church campus’ compatibility with the neighborhood. Notice of the public hearing was sent to all owners of properties located within 200 feet of the site, the Fair Park, Oak Forest and War Memorial Neighborhood Associations and the University District. 3. ON SITE DRIVES AND PARKING: The overall campus contains numerous parking spaces with access off of Van Buren and Jackson Streets. No real change to the parking is proposed. The small parking area on the north side of the campus will be “cleaned up” and straightened. It will be slightly enlarged to create a turn-around. A portion of the existing pavement in front of the old convent building will be removed. There is sufficient parking available. November 3, 2011 ITEM NO.: 2 (Cont.) FILE NO.: Z-4984-A 2 4. SCREENING AND BUFFERS: Compliance with the City’s Landscape and Buffer Ordinances is required. New landscaping is required in conjunction with the parking lot reconfiguration and expansion. Credit toward fulfilling landscape ordinance requirements can be given when preserving trees of six (6) inch caliper or greater. Trees designated as preserved are to be marked and protected throughout the construction and site preparation process. 5. PUBLIC WORKS COMMENTS: 1. Due to the proposed use of the property, the Master Street Plan specifies that S. Jackson Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to thirty (30) feet from centerline. Due to the fence on property, the dedication should be made to short of the fence. 2. W. 12th Street is classified on the Master Street Plan as a minor arterial with special design standards. A dedication of right-of-way thirty-five (35) feet from centerline will be required. 3. Due to the proposed use of the property, the Master Street Plan specifies that S. Van Buren Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to thirty (30) feet from centerline. A portion of the right-of-way should be dedicated short of thirty (30) feet to the existing fence and concrete walk with stairs. 4. A twenty (20) foot radial dedication of right-of-way is required at the intersection of S. Jackson Street and W. 12th Street. 5. A twenty (20) foot radial dedication of right-of-way is required at the intersection of S. Van Buren Street and W. 12th Street. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Existing sewer main located on site. Sewer main must be relocated prior to start of construction. Entergy: Approved as submitted. Centerpoint Energy: No comments received. November 3, 2011 ITEM NO.: 2 (Cont.) FILE NO.: Z-4984-A 3 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. 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) 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 (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: Fire hydrants per Code; maintain access at least twenty (20) feet wide. County Planning: No Comments. CATA: The site is located on a CATA bus route. November 3, 2011 ITEM NO.: 2 (Cont.) FILE NO.: Z-4984-A 4 SUBDIVISION COMMITTEE COMMENT: (OCTOBER 13, 2011) Daryl Odom was present representing the applicant. Staff presented the item and noted little additional information was needed. Staff asked for details on any proposed new fencing and signage. In response to a question, Mr. Odom stated the facility would house 10 seminary students and 2 counselors. Staff stated the cover letter indicated the facility would contain “community functions”. The applicant was asked to explain that use. Mr. Odom stated the facility would contain communal facilities such as living and kitchen areas, not “community” in the sense of being available for persons outside of the facility. Public Works and Landscaping Comments were discussed. The applicant was asked to provide information on any retaining walls. Public Works Staff discussed the scope of needed street improvements on the boundary streets. The applicant was advised to meet with staff for further discussion. The applicant was advised to respond to staff issues by October 19, 2011. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: The Our Lady of Good Counsel Church and school campus occupies the two blocks of property bounded by West 12th, Van Buren, West 14th and Jackson Streets. The campus contains a church building, rectory, school buildings and a convent. The convent building previously provided housing for 10 – 12 Sisters who taught at the school. With the decline in student population and the eventual closing of the school, the sisters were no longer required. The former convent building has only been partially used for parish activities for several years. It was the original intent of The Catholic Diocese of Little Rock and Bishop Andrew Taylor to convert this unused structure into a House of Formation for Seminarians of The Diocese of Little Rock. The old structure housed approximately 10 – 12 Sisters and the renovation was to provide for 10 future Priests with two apartments for supervising Priests. An addition to accommodate dining, Chapel, and community functions was also anticipated. The Seminarians will attend UALR for the general education and intensive language training and the adjacent school structure (currently not being used by the school) will provide classrooms for First Year Seminary religion classes. Upon completion of design documents a thorough cost estimate revealed that the renovation/addition would be more costly than removing the existing structure to the foundation and constructing a new facility. With the decision to build a new November 3, 2011 ITEM NO.: 2 (Cont.) FILE NO.: Z-4984-A 5 Facility came the requirement to amend the existing Conditional Use Permit to accommodate the new work. The new, one-story building will serve a residential function only. The facility will contain some communal space such as dining, kitchen and living area. Aside from family related functions, there are no secular community activities anticipated for the facility. The new fencing along 12th Street will match the existing fence. No signage is proposed. The new parking and drives will work with the site’s topography so no retaining walls are planned. There is no bill of assurance for this unplatted, acreage tract. Once right-of-way is dedicated for Jackson Street, the new structure will have a setback of approximately fifteen (15) matching the existing buildings. The church has agreed to dedicate any required right-of-way on all perimeters of the campus. In addition to right-of-way dedication, Public Works has indicated Jackson Street and Van Buren Street are to be constructed to Commercial Street Standards, from 12th to 14th Streets. Discussions are ongoing, between the applicant and City Staff, regarding this issue. An update will be provided to the Commission at the hearing. To staff’s knowledge, there are no other issues. 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. A recommendation regarding the issue of half-street improvements is forthcoming. PLANNING COMMISSION ACTION: (NOVEMBER 3, 2011) The applicants were present. There were no objectors present. Staff informed the Commission that staff, the applicants and the City Attorney had agreed to an appropriate level of boundary street improvements to be constructed in conjunction with this proposed development. With the issuance of a building permit, right-of-way shall be dedicated to meet the Master Street Plan standard for all boundary streets (Van Buren, W 12th, Jackson and W. 14th Streets). Also with the issuance of a building permit, a sidewalk shall be installed along Van Buren Street from the north driveway to W. 12th Street. November 3, 2011 ITEM NO.: 2 (Cont.) FILE NO.: Z-4984-A 6 Staff stated there were no outstanding issues. Staff recommended approval of the requested conditional use permit, subject to compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report; including the agreed to right-of-way dedication and sidewalk installation noted above. There was no further discussion. The item was placed on the consent agenda and approved by a vote of 9 ayes, 0 noes and 2 absent. November 3, 2011 ITEM NO.: 3 FILE NO.: Z-7784-B NAME: St. Andrews Church – Revised Conditional Use Permit LOCATION: 8300 Kanis Road OWNER/APPLICANT: St. Andrews Church/White-Daters and Associates PROPOSAL: A revision to the previously approved conditional use permit is requested to allow for the addition of a columbarium to this existing church site. 1. SITE LOCATION: The property is located on the north side of Kanis Road, east of Michael Street. 2. COMPATIBILITY WITH NEIGHBORHOOD: The proposed columbarium is designed as a memorial garden, “tucked” within a wooded area behind the church. The overall size of the columbarium is 30’ X 30’. The columbarium is not visible from any other properties and, as an ancillary use to the church, should not generate much if any additional traffic. The proposed columbarium will not affect this existing church site’s compatibility with the neighborhood. Notice of the public hearing was set to all owners of properties located within 200 feet of the site and the John Barrow Neighborhood Association. 3. ON SITE DRIVES AND PARKING: No changes in driveways or parking are proposed under this conditional use permit modification. No additional parking is required for the proposed columbarium. 4. SCREENING AND BUFFERS: No Comments. 5. PUBLIC WORKS COMMENTS: 1. For the applicant’s information, Ordinance # 19,625 was adopted on November 6, 2006, which deferred the half street improvements to Kanis Road for five (5) years. This deferral ends on November 7, November 3, 2011 ITEM NO.: 3 (Cont.) FILE NO.: Z-7784-B 2 2011. Street plans should be provided to staff at that time and construction should commence at the time plans are approved by staff. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. Entergy: Fifteen (15) foot easement required along north and west perimeters. Centerpoint Energy: No comments received. 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. A Capital Investment Charge based on the size of meter connection(s) will apply to this project for connections off the existing 12-inch main in addition to normal charges. Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. 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. 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 PRZA, 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 (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: Fire hydrants per Code; maintain access at least twenty (20) feet wide. November 3, 2011 ITEM NO.: 3 (Cont.) FILE NO.: Z-7784-B 3 County Planning: No Comments. CATA: The site is located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (OCTOBER 13, 2011) Joe White was present representing the application. Staff presented the item and requested additional information on the design of the proposed columbarium. Staff noted the proposed columbarium site on the north side of the property was within a buffer area. Staff noted no zoning buffer was required in that area since the abutting property was zoned O-3 but the area was indicated as buffer on the approved CUP site plan. Mr. White was asked to provide information on the number and size of any trees that would need to be removed to place the columbarium in that location. Public Works staff noted the previously approved five-year deferral of half street improvements to Kanis Road would expire on November 6, 2011. Mr. White stated he would visit with his client, but he expected an additional deferral would be requested. The applicant was advised to respond to staff issues by October 19, 2011. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: St. Andrews Church is located on the R-2 zoned tract at 8300 Kanis Road. On February 3, 2005, the Planning Commission approved a conditional use permit to allow for the phased development of the site for the church; including a sanctuary, multipurpose buildings, classroom buildings, parking and driveways. A wooded area along the north and east was left mostly natural with the addition of trails, an amphitheater and pavilion. On January 19, 2006, the Commission approved a modification to the CUP to allow for restaging of the phasing plan and the addition of a church day care. The initial phase has been constructed. The pavilion and an associated restroom building are now under construction. The church is now requesting approval of a revision to the CUP to allow for the addition of a columbarium to the site. The applicant has indicated two possible locations; either side of the pavilion. Only one will be built. The columbarium is 30’ X 30’ in size and will be accessed from the walkway/trail off of the parking lot. The 30’ X 30’ site will be landscaped with evergreens, small trees and plants. Lighting will be indirect. There will be bench seating, a November 3, 2011 ITEM NO.: 3 (Cont.) FILE NO.: Z-7784-B 4 name plaque and both above ground and in-ground methods of interment in a circle or semi-circle setting. Burial services could be conducted at the site or in the adjacent pavilion. In response to a request by staff, the applicant provided a tree survey, which indicates no trees will need to be removed to allow the columbarium north of the pavilion and one tree will be removed if the site south of the pavilion is chosen. On November 6, 2006, the Board of Directors passed Ordinance No. 19,625 which deferred the half street improvements to Kanis Road for five (5) years. The applicant has requested an additional five (5) year deferral. Staff supports the additional deferral. As with the previous deferral, it will be for five (5) years, until construction of the Phase II sanctuary or until adjacent development, whichever occurs first. To staff’s knowledge, there are no outstanding issues. There is no bill of assurance for this acreage tract. STAFF RECOMMENDATION: Staff recommends approval of the requested CUP revision to allow construction of one of two proposed columbarium subject to compliance with the comments and conditions outlined in Sections 5 and 6 of the agenda staff report. Staff recommends approval of the requested deferral of half street improvements to Kanis Road for a period of five (5) years, until construction of the Phase II sanctuary or until adjacent development, whichever occurs first. PLANNING COMMISSION ACTION: (NOVEMBER 3, 2011) The applicants were present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation” above. There was no further discussion. The item was placed on the consent agenda and approved by a vote of 9 ayes, 0 noes and 2 absent. November 3, 2011 ITEM NO.: 4 FILE NO.: Z-8706-A NAME: Loft 1023 Event Center – Conditional Use Permit LOCATION: 1023 West 7th Street OWNER/APPLICANT: K & M Capital, LLC/Kelly Joiner, Murray Haupt PROPOSAL: A conditional use permit is requested to allow for the use of the second floor of this existing building as an event center. 1. SITE LOCATION: The property is located on the south side of West 7th Street, east of Ringo Street. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located within the urban core of the City. Uses are varied; including governmental, institutional and a variety of commercial uses. This immediate area along West 7th Street has developed as a mini- entertainment district; including a theatre and restaurants. A space on the ground floor of this building is being finished out for a new restaurant. The site’s proximity to the downtown area and a number of governmental and institutional buildings makes it a reasonable location for an event center. Notice of the public hearing was sent to all owners of properties located within 200 feet of the site and the Downtown Neighborhood Association. 3. ON SITE DRIVES AND PARKING: The site is located in the UU zoning district and no on-site parking is required. The site contains no on-site parking. 4. SCREENING AND BUFFERS: No Comments. 5. PUBLIC WORKS COMMENTS: No Comments. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project in Ringo Street. November 3, 2011 ITEM NO.: 4 (Cont.) FILE NO.: Z-8706-A 2 Entergy: Approved as submitted. 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 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 (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: This structure does not meet code requirements. County Planning: No Comments. CATA: The site is located on a CATA bus route. Building Codes: Use must comply with all Building Code requirements for life safety and accessibility including but not limited to elevator, fire sprinkler system and additional exits. LRPD: No objections. SUBDIVISION COMMITTEE COMMENT: (OCTOBER 13, 2011) The applicants were present. Staff presented the items and noted additional information was needed regarding capacity of the facility, hours of operation, signage, food service plan and dumpster location. Staff stated compliance with all Building Code/Fire Department codes would be required; including life safety and accessibility items such as elevator, sprinklers and additional exits. The applicants responded that they were aware of those issues and would comply. In November 3, 2011 ITEM NO.: 4 (Cont.) FILE NO.: Z-8706-A 3 response to questions from staff, the applicants stated the facility would not be rented to any person or organization where entry fees or charges would be required, LRPD officers will provide security at all events and there would be no sale of alcohol. Utility Comments were noted. The applicants were instructed to reply to staff issues by October 19, 2011. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: The UU zoned property located at 1023 West 7th Street is occupied by a two- story, brick building. The building occupies the site from property line to property line along 7th Street. A one-story, metal building extends out from the rear of the building, to the south. The brick building contains 10,000 square feet (5,000 per floor). A laundry-drycleaners occupies a portion of the ground floor. Another ground floor space is currently being remodeled for a restaurant. An auto repair business is located in the rear building. The applicants are requesting approval of a conditional use permit to allow for the use of the entire second floor as an event center. The upper floor is divided into two spaces, each roughly 2,500 square feet in area. The applicant intends to provide space for weddings, receptions and corporate events. Off duty Little Rock police officers will provide security for all evening and weekend events. Most events will be held in the evenings and on weekends and will conclude no later than 12:00 a.m. Exceptions will be made for occasions such as New Year’s Eve. The facility will not be rented to persons or organizations where an entry fee or charge is required. A representative from Loft 1023 will be on-site for every event. The applicant estimates the capacity of the facility to be between 100 and 125 per side. There will be no sale of alcohol on the premises. Lessors serving alcohol will be required to have a licensed bartender if anything other than beer or wine is served. Loft 1023 has no food preparation facility. Licensed caterers will be required for large events. There is a sink and bar area that may be used for serving/clean-up. The restaurant on the ground floor may be used by caterers to assist in clean-up, staging, ice needs, etc. The dumpster will be located behind the building. The alley provides access for waste pickup. No signage plan was submitted. Any signage must comply with that signage allowed in the UU district. The applicants state they are aware of and will comply with all required fire and building codes. To staff’s knowledge, there are no outstanding issues. There is no bill of assurance for the Original City. The applicant responded to issues raised at Subdivision Committee, as noted in the analysis above. November 3, 2011 ITEM NO.: 4 (Cont.) FILE NO.: Z-8706-A 4 STAFF RECOMMENDATION: Staff recommends approval of the requested conditional use permit to allow the event center as proposed by the applicant and outlined in the “Staff Analysis” above subject to compliance with the following additional conditions: 1. Compliance with the comments and conditions outlined in Section 6 of agenda staff report above. 2. Signage is to comply with that allowed in the UU zoning district. 3. The dumpster is to be located and screened to comply with Code requirements. 4. Compliance with all applicable building and fire code requirements prior to occupancy. PLANNING COMMISSION ACTION: (NOVEMBER 3, 2011) The applicants were present. There were no objectors present. Staff informed the Commission that the applicant had sent the required notices on October 11, 2011 but put the hearing date as November 2, not November 3. He resent the notices on October 28, 2011 with the correct date and a note explaining the error. Staff stated they believed there was adequate notice. A motion was made to waive the Commission’s bylaws to accept the notice as completed by the applicant. The motion was approved by a vote of 9 ayes, 0 noes and 2 absent. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation” above. There was no further discussion. The item was placed on the consent agenda and approved by a vote of 9 ayes, 0 noes and 2 absent. November 3, 2011 ITEM NO.: 5 FILE NO.: Z-8709 NAME: C B Parking Commercial Surface Parking Lot – Conditional Use Permit LOCATION: Southeast corner of West 3rd and Arch Streets OWNER/APPLICANT: C B Parking, LLC/Pat McGetrick PROPOSAL: A conditional use permit is requested to allow for the expansion of the existing commercial surface parking lot. 1. SITE LOCATION: The property is located on the southeast corner of West 3rd and Arch Streets. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located within the urban core of the City. Surrounding uses include office buildings and surface parking lots. If the expanded parking lot was developed in compliance with landscape and buffer code requirements, it would be compatible with other uses in the area. Notice of the public hearing was sent to all owners of properties located within 200 feet of the site and the Downtown Neighborhood Association. 3. ON SITE DRIVES AND PARKING: Access to the expanded parking lot is through the adjacent, existing parking lot. It is difficult to tell but it appears with the new expansion and restriping of the adjacent parking lot, as many as 12 new parking spaces were created. 4. SCREENING AND BUFFERS: Compliance with the City’s Landscape and Buffer Ordinances is required. The site is located in the designated “mature area” of the City. Street perimeter landscape/buffer strips of 6.75 feet are required on each street perimeter. The “UU” Urban Use District requires the planting of street trees on each perimeter. November 3, 2011 ITEM NO.: 5 (Cont.) FILE NO.: Z-8709 2 The new asphalt should be removed from under the drip line of the existing tree at the north side of the parking lot. Variances from the requirements of the Landscape Ordinance can only be granted by the City Beautiful Commission. 5. PUBLIC WORKS COMMENTS: 1. A twenty (20) foot radial dedication of right-of-way is required at the intersection of Arch Street and 3rd Street. 2. 3rd Street is classified on the Master Street Plan as a minor arterial with special design standards. A dedication of right-of-way thirty-five (35) feet from centerline will be required. 3. Obtain a franchise agreement from Public Works (Bennie Nicolo, 371-4818) for the private improvements located in the right-of-way. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. Entergy: Approved as submitted. 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 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 (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. November 3, 2011 ITEM NO.: 5 (Cont.) FILE NO.: Z-8709 3 Fire Department: Fire hydrants per Code; maintain access at least twenty (20) feet wide. County Planning: No Comments. CATA: The site is located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (OCTOBER 13, 2011) The applicants were present. Staff presented the item and noted the biggest issue was the lack of compliance with the landscape requirements. It was noted that problem would be further exacerbated by the requirement to dedicate right- of-way at the radius and for 3rd Street. Mr. McGetrick stated he would work towards putting landscaping in the right-of- way, some of which would match landscaping along Arch Street. He was asked by staff to provide a plan. It was noted that any landscaping in the right-of-way would require a franchise through Public Works. Staff asked that some of the new asphalt under the existing tree be removed. It was also noted that a landscape variance would require a variance from City Beautiful. The applicant was advised to respond to staff issues by October 19, 2011. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: The property at the southeast corner of West 3rd and Arch Streets was previously occupied by a two-story residential structure that had been used as offices for many years. The property is bounded on the east and south by an existing, non- conforming commercial surface parking lot. The structure was removed and gravel was placed on the site. The owners recently paved and striped the area as an expansion of the adjacent commercial surface parking lot. Commercial parking lots require a conditional use permit in the UU zoning district. Although use of the area for an expansion of the commercial surface parking lot appears to be appropriate, there are apparently irreconcilable issues related to complying with the City’s Landscape and Buffer Ordinances. The asphalt has been extended to the property line along Arch Street and to within five (5) feet of the property line along West 3rd Street. Additional right-of-way is required on the 3rd Street perimeter so even the five (5) foot landscape strip on that side will be in the public right-of-way. The Landscape Ordinance and Zoning Buffer Ordinances both require a 6.75-foot landscape/buffer strip on the street perimeters. This is reduced from the typical requirement of 9 feet since the site November 3, 2011 ITEM NO.: 5 (Cont.) FILE NO.: Z-8709 4 is located within the designated mature area of the City. Street trees are also required in the UU district. Installing the required landscaping would eliminate virtually all of the new parking. The applicant submitted a revised plan subsequent to the Subdivision Committee meeting in an attempt to address the issues. Right-of-way dedication has been shown along West 3rd Street and at the radius of the intersection. Trees and shrubs are indicated to be planted in the five (5) foot strip and within the radius at the intersection. These areas will be within the right-of-way once the dedication as occurred. The new asphalt will be saw cut and removed from under the drip line of the 24-inch Holly tree located along the north perimeter in an effort to keep that tree. Four (4) Water oaks are proposed to be planted between the curb and the sidewalk along Arch Street; in the right-of-way. The applicant has filed for a franchise to allow the planting within the right-of-way. Staff cannot support the proposal. No zoning buffer is being provided on either street perimeter. All of the proposed landscaping is to be within the public right- of-way. The proposed parking lot expansion varies two greatly from ordinance standards. STAFF RECOMMENDATION: Staff recommends denial of the application. PLANNING COMMISSION ACTION: (NOVEMBER 3, 2011) Patrick McGetrick and Thomas Smith were present representing the application. There were no objectors present. Staff presented the item and a recommendation of denial. Thomas Smith addressed the Commission and gave a brief history of the development of the site as a parking lot. He stated it was an honest mistake that led to the paving of the site without proper approvals and landscaping. He stated CB Parking had invested heavily in Downtown and, in this case, had removed a dilapidated house. Mr. Smith stated they had submitted what they believed to be a good faith effort to meet the spirit of the Landscape Ordinance requirements. He said the result would be one of the best landscaped parking lot in the area. He asked if there would be any other viable economic use of the site. Commissioner Nunnley asked Mr. Smith how many parking spaces had been gained by the expanded area. Mr. Smith responded that five (5) or six (6) spaces had been gained. In response to a question from Commissioner Nunnley, November 3, 2011 ITEM NO.: 5 (Cont.) FILE NO.: Z-8709 5 Mr. Smith stated all but one (1) of those spaces would be lost if the landscaping was installed on the site, rather than in the right-of-way as proposed. In response to a question from Commissioner Laha, Mr. McGetrick stated the area of new pavement was roughly fifty (50) feet by seventy-five (75) feet in area. Commissioner Laha asked why staff wanted the whole parking lot landscaped. Dana Carney, of the Planning Staff, responded that landscaping was required for only the new, expanded area. He stated the remainder of the existing parking lot was non-conforming. Mr. McGetrick stated the applicant was putting in much landscaping but it would be in the right-of-way. Vice-chair Rector stated he thought what was proposed by the applicant was a reasonable compromise and he was supportive of the application. He stated he hoped the large, existing Holly tree could be saved. A motion was made to approve the application, including all staff comments and conditions except that of denial. The motion was approved by a vote of 9 ayes, 0 noes and 2 absent. November 3, 2011 ITEM NO.: 6 FILE NO.: Z-8710 NAME: 5301 S. Shackleford Road Lumber Yard – Conditional Use Permit LOCATION: 5301 S. Shackleford Road OWNER/APPLICANT: Generic MSI Properties, LLC/White-Daters and Associates PROPOSAL: A conditional use permit is requested to allow for the construction of a new lumberyard on this I-1 zoned site. 1. SITE LOCATION: The property is located on the east side of South Shackleford Road, across from Clearwater Drive. 2. COMPATIBILITY WITH NEIGHBORHOOD: This 11.8± acre tract is part of a 30-acre parcel that was rezoned to I-1 in 1994. A 100-foot wide OS zoned buffer was established on the east perimeter and a portion of the north perimeter where the tract abuts single family. The I-1 zoned properties adjacent to the north and south are still undeveloped. The I-1 zoned properties across Shackleford Road to the west contain a variety of light industrial and institutional uses. The proposed lumberyard is an appropriate use for the site. Furthermore, hours of operations are proposed as 7:00 a.m. – 5:00 p.m., Monday through Saturday, which when combined with the large buffer, further mitigates any potential impact on the neighborhood to the east. Notice of the public hearing was sent to all owners of properties located within 200 feet of the tract and the Tall Timbers and SWLR United for Progress Neighborhood Associations. 3. ON SITE DRIVES AND PARKING: Parking for 56 vehicles is proposed in front of and adjacent to the sales building. Truck maneuvering area is located adjacent to the warehouse building and around the lumber storage sheds. The applicant proposes two driveways off of Shackleford Road with shared access easements to provide possible future access to the abutting properties. No development is proposed on those properties. November 3, 2011 ITEM NO.: 6 (Cont.) FILE NO.: Z-8710 2 Each of the abutting properties is wide enough to have its own driveways. Staff does not support the applicant’s request to have two driveways. 4. SCREENING AND BUFFERS: Compliance with the City’s Landscape and Buffer Ordinances is required. A fifty (50) foot wide street buffer along the Shackleford Road frontage is required. Dimensions are to be taken after any required right-of-way is dedicated. The one-hundred (100) foot wide OS zoned strip along the east and north perimeters is to be marked and protected with orange construction fencing prior to any site work or construction. Placement of the fencing is to be verified by staff. Screening is required where the site abuts residential properties. Eight (8) percent of the vehicular use area, outside of the truck maneuvering area, must be allocated to interior landscape islands, which comply to the size and area, designated in the Code. An automatic irrigation system is required for all landscape areas. Credit toward fulfilling landscape ordinance requirements can be given when preserving trees of six (6) inch caliper or greater. 5. PUBLIC WORKS COMMENTS: 1. Shackleford 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. At time of building permit, provide design of street conforming to the Master Street Plan. Construct one-half street improvement to these streets including five (5) foot sidewalks with planned development. 3. At time of building permit, provide a letter prepared by a registered engineer certifying the sight distance at the driveway(s) comply with 2004 AASHTO Green Book standards. 4. At the time of building permit, driveway locations do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The lot must have a single driveway access on the south half of the property. The width of driveway must not exceed thirty-six (36) feet. This location will require a variance to be issued. November 3, 2011 ITEM NO.: 6 (Cont.) FILE NO.: Z-8710 3 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer main extension required with easements for this project. Entergy: Fifteen (15) foot easement required along west (Shackleford) perimeter. 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. 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) 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 (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. November 3, 2011 ITEM NO.: 6 (Cont.) FILE NO.: Z-8710 4 Fire Department: Fire hydrants per Code; maintain access at least twenty (20) feet wide. County Planning: No Comments. CATA: The site is not located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (OCTOBER 13, 2011) Joe White was present representing the applicant. Staff presented the item and requested additional information regarding building design and materials, signage, fencing and gates, site lighting and dumpster location. Staff noted the proposal indicated a request to cross the OS zone with a sewer line. Staff asked the applicant to provide information on that proposal; including plans for mitigation. Staff noted additional enhancement of the OS strips may be needed to provide screening. Staff noted the building did not meet the 100-foot separation requirement called for in the I-1 zoning district. Staff also noted the I-1 zoning district required a six-foot tall wall or fence to enclose any use that is not conducted within a building that is completely enclosed on all sides. The applicant was asked to indicate the required fencing. Public Works and Landscape Comments were discussed. Mr. White stated he would get with staff to work out the driveway concerns. Utility and Fire Department Comments were noted. The applicant was directed to respond to staff issues by October 19, 2011. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: A conditional use permit is requested to allow for construction of a lumberyard on the undeveloped, I-1 zoned tract located at 5301 S. Shackleford Road. The development is proposed to consist of a 69,950 square foot building containing 19,950 square feet of sales area and 50,000 square feet of warehouse, five (5) open-sided “T” sheds for lumber and material storage, fifty-six (56) parking spaces and additional paved area for truck maneuvering, loading and unloading. Two driveways are proposed off of Shackleford Road, one labeled “customer entrance” and the other labeled “truck entrance”. This 11.8± acre tract is part of 30 acres that was rezoned to I-1 in 1994. At that time, a 100-foot wide OS zoned buffer was established along the eastern and northern portion of the tract where it abuts single family. That OS zoned buffer November 3, 2011 ITEM NO.: 6 (Cont.) FILE NO.: Z-8710 5 has been maintained and is heavily wooded. The remainder of the site was cleared several years ago and new vegetation has grown up. Days and hours of operation are proposed as Monday – Saturday, 7:00 a.m. – 5:00 p.m. The building has been moved forward to provide the 100-foot separation from the residential district boundary required by the I-1 zoning. A 6 to 8 foot tall opaque fence with barbed wire on top will be placed on the applicant’s side of the 100-foot OS strips on the north and east. A 6 to 8 foot tall black vinyl chain link fence with barbed wire on top will be placed along the south side of the site where it abuts the adjacent, undeveloped, I-1 zoned property. A variance is requested to allow the chain link fence in this area and between the building and the south property line. The I-1 zoning district states: Every use, or any part thereof, that is not conducted within a building completely enclosed on all sides shall be enclosed within a wall or fence six (6) feet in height. Such wall or fence shall completely screen all operations conducted within such wall or fence from observation. No exterior storage area shall encroach into any of the required yards. Since the “T” sheds are not enclosed, screening is technically required on all perimeters of the rear portion of the site. Since the adjacent property to the south is also zoned I-1 and the applicant is proposing to install a landscape strip along the perimeters of the site, staff supports the variance. There will be no other outside storage. Site lighting will be low-level and directional, shielded downward and into the site. The dumpster and required screening have been indicated at the rear of the warehouse. Signage will consist of a single ground sign and wall signage on the front of the building facing the street (maximum allowed under ordinance for I-1). Building height will not exceed 35 feet. Access to sanitary sewer is from the east, requiring extension of a sewer main through the OS strip. Minimum disturbance will be required. The applicant will reseed the disturbed area and will plant 2” caliper evergreen trees a minimum 6 feet tall, 15 feet on center in the disturbed area to mitigate the disturbance to the OS strip. There is no bill of assurance for this acreage tract. To staff’s knowledge, there is only one outstanding issues. The applicant proposes two driveways onto Shackleford Road. The driveways are proposed near the perimeters of the site with access easements being indicated to provide shared access with the abutting properties to the north and south. One driveway is indicated for customer traffic and the other for truck use. The driveways do not November 3, 2011 ITEM NO.: 6 (Cont.) FILE NO.: Z-8710 6 comply with Code requirements. Staff does not support a variance to allow the driveways as proposed. Each of the large tracts to the north and south are wide enough to have their own driveways. There is no indication that the owners of these tracts have agreed to give up their own right to separate driveways to use the shared driveways proposed under this application. STAFF RECOMMENDATION: Staff recommends denial of the application as proposed. PLANNING COMMISSION ACTION: (NOVEMBER 3, 2011) The applicant was present. There were no objectors present. Staff informed the Commission that the applicant had revised the site plan to eliminate the northern driveway; leaving only one driveway. Staff stated there were no outstanding issues and recommended approval of the requested conditional use permit, as amended, subject to compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. Staff also recommended approval of the request to extend the sewer line through the OS zoned buffer subject to the replanting plan outlined in the “staff analysis.” Staff recommended approval of the screening variance along the southern perimeter subject to landscaping being installed as noted in the “staff analysis.” There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff. The vote was 9 ayes, 0 noes and 2 absent. November 3, 2011 ITEM NO.: 7 FILE NO.: Z-8708 NAME: Kendle Beauty and Barber Shop – Conditional Use Permit LOCATION: 5612 Patterson Road OWNER/APPLICANT: Jean Hoffman/Lisa Kendle PROPOSAL: A conditional use permit is requested to allow a beauty and barber shop within one bay of this I-2 zoned multi-space building. 1. SITE LOCATION: The property is located on the west side of Patterson Road, north of Hoffman Road. 2. COMPATIBILITY WITH NEIGHBORHOOD: Zoning in the surrounding area is almost exclusively Industrial, I-2 and I-3. Uses are varied; including warehousing, light manufacturing, wholesaling and auto related uses. A CUP was previously approved to allow a beauty salon in the building on the property located north of this site. This building is divided into 13 bays with a mixture of uses. Allowing the proposed beauty salon/barber shop to locate in one of the bays should have no impact on other properties. Notice of the public hearing was sent to all owners of properties located within 200 feet of the site and the Wakefield, Upper Baseline, Geyer Springs and SWLR United for Progress Neighborhood Associations. 3. ON SITE DRIVES AND PARKING: The site contains 87, concrete-paved parking spaces with access off of Patterson Road and Hoffman Road. The proposed beauty and barbershop is to occupy 1,250 square feet of the 29,375 square foot building. The beauty and barbershop is required six (6) parking spaces. Based on the uses in the building and the number of on-site parking spaces, there appears to be sufficient parking. 4. SCREENING AND BUFFERS: No Comments. November 3, 2011 ITEM NO.: 7 (Cont.) FILE NO.: Z-8708 2 5. PUBLIC WORKS COMMENTS: No Comments. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. Entergy: Approved as submitted. 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 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) 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 (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. County Planning: No Comments. CATA: The site is located approximately two (2) blocks from a CATA bus route. November 3, 2011 ITEM NO.: 7 (Cont.) FILE NO.: Z-8708 3 SUBDIVISION COMMITTEE COMMENT: (OCTOBER 13, 2011) The applicant’s representative was present. Staff presented the item and noted little additional information was needed. The applicant was asked to provide a signage plan and the square footage of the lease space. Utility Comments were noted. The applicant was directed to respond to staff issues by October 19, 2011. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: The I-2 zoned property located at the northwest corner of Patterson and Hoffman Roads contains a one-story, 29,375 square foot building and an 87-space parking lot. The building is divided into 13 lease spaces and contains a mixture of uses. The applicant is requesting approval of a conditional use permit to allow use of one of the lease spaces (5612 Patterson Road) for a beauty and barber shop. Other than for some minor remodeling of the interior of the lease space to accommodate the use, no changes are proposed to the site. The proposed beauty and barbershop is to occupy a 1,250 square foot lease space. Days and hours of operation are proposed as Monday – Saturday, 8:00 a.m. – 11:00 p.m. The shop will have up to eight (8) employees. Signage will consist of a space on the center’s existing ground-mounted sign and wall signage on the front of the lease space. To staff’s knowledge, there are no outstanding issues. The 1978 bill of assurance for Hoffman Replat does not address use issues. STAFF RECOMMENDATION: Staff recommends approval of the requested CUP subject to compliance with the comments and conditions outlined in Section 6 of the agenda staff report. PLANNING COMMISSION ACTION: (NOVEMBER 3, 2011) The applicants were present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation” above. There was no further discussion. The item was placed on the consent agenda and approved by a vote of 9 ayes, 0 noes and 2 absent. November 3, 2011 ITEM NO.: 8 Name: Repeal Central City Redevelopment Design Overlay District Location: Portions of the area between Martin Luther King Drive to Commerce and 15th Street to Roosevelt Road Request: Repeal Design Overlay District Source: Downtown Neighborhood Association (DNA) and Pettaway Neighborhood Association STAFF REPORT: At the request of two neighborhood organizations for the affected area, the Central City Redevelopment Design Overlay District (DOD) is being repealed. This DOD was originally created after a natural disaster (tornado) at the request of representatives of the affected neighborhoods. The purpose was to try to assure that redevelopment or ‘infill’ development that might occur after the destruction in the neighborhood would be ‘compatible’ with the existing neighborhood. After several months in the summer of 1999 an ordinance was approved to enact the Central City Redevelopment DOD. The boundaries of this DOD are on either side of the Capitol Zoning District, with six (6) blocks at the northeast corner of the District and some thirty-two (32) blocks to the southwest. Since the adoption of the DOD the Capitol Zoning Commission has expanded the area they zone, removing half of the blocks from the southwestern portion of the DOD. Currently only just over half the area originally part of the DOD is still under its regulation. Redevelopment efforts are occurring in the area east of Broadway. The Downtown Little Rock Community Development Corporation (CDC) as well as a few private developers have constructed several single-family homes both attached and de-attached in the area. In the western portion of the DOD, a survey is on going to create the Dunbar national register historic district. The Central City Redevelopment DOD has served its purpose of guiding redevelopment after the tornado of January 1999. With the expansion of the Capitol Zoning District reducing the size of the DOD by about half and the on- going efforts of groups both east and west of the Governors Mansion area, the need to continue the DOD has been questioned. The Downtown Little Rock CDC/Pettaway Neighborhood Association has received a grant to do a plan for the neighborhood. From this work, they may wish to establish some different zoning regulations to guide the character of the area between the Governors Mansion area and Interstate 30. If this occurs it would be for a much larger area than the six (6) blocks currently under regulation via the DOD. November 3, 2011 ITEM NO.: 8 (Cont.) 2 The efforts on the Dunbar Historic District west of the Governors Mansion area may result in special design standards based on this work, rather than on just the sixteen (16) blocks occurring within the DOD. Both of these efforts will be attempting to set a character unique to that neighborhood or section of Little Rock. Repeal of the Central City Redevelopment DOD will allow each of these efforts to take full advantage for their new proposals within each respective area of influence. NEIGHBORHOOD COMMENTS: Letters were sent to the Downtown Neighborhood Association, Pettaway Neighborhood Association, Downtown Little Rock Community Development Corporation and Capitol Zoning District. The Downtown Neighborhood Association and the Pettaway Neighborhood Association are the applicants. STAFF RECOMMENDATIONS: Approval. PLANNING COMMISSION ACTION: (NOVEMBER 3, 2011) At the request of the applicant this item was placed on consent agenda for deferral to allow time for further review on the removal of the western sub-area. The item was placed on the consent agenda for deferral to December 15, 2011. By a vote of 9 for and 0 against with 2 absent, the consent agenda was approved. November 3, 2011 ITEM NO.: 9 FILE NO.: MSP11-01 Name: Master Street Plan Amendment – Replacing the Bicycle sections Location: Entire Jurisdiction of the City Request: To make some minor wording changes and adopt a new map for Bicycle Paths, Lanes and Routes Source: Bike Friendly Community Committee of the City of Little Rock STAFF REPORT: City Staff asked the Little Rock Bike Friendly Community Committee to review the bicycle portion for the Master Street Plan. In 2009, they agreed to a review the City of Little Rock’s Master Bicycle Plan. In 2010 a sub-committee was formed to work on development of a new map for bicycle routes within the Little Rock Planning jurisdiction. After several meetings of putting lines on maps based on routes that various individuals actually rode, a consensus map was created of routes. Sub-committee members shared the map with other biking groups. Feedback and open discussions by the sub-committee resulted in a recommendation to the Bike Friendly Community Committee. The recommended map was reviewed by City Staff (Public Works, Parks and Planning Departments). It was also shared with the Plans Committee of the Little Rock Planning Commission. Comments were returned to the Bike Friendly Community Committee for their consideration. The Bike Friendly Community Committee then revised the map based on these comments and has asked that the City adopt it as the City’s Master Bike Plan. At the October 20, 2011 Informal meeting of the Planning Commission, representatives of the Bike Friendly Community Committee reviewed the proposal with the Commission. Section 4 of the Master Street Plan is the text of the Bicycle Plan. The only change proposed is to clarify and strengthen the names for each class of bikeway. A Class I Bikeway is a Bike Path (since it is a separate facility). A Class II bikeway is a Bike Lane (since it is a portion of the pavement used for bicycles only). A Class III Bikeway is a Bike Route (since it is a shared facility with a sign indicating it is a bicycle route). Through out the text changes are made to these designations – Bike Path, Bike Lane, Bike Route. The current Bike Plan has many Class I Bikeways (Bike Paths) both along roadways and in independent rights-of-way. The proposed map keeps the ‘existing’ Bike Paths. It also has Bike Paths proposed as recommended by the Parks Master Plan: along the Arkansas River, Fourche Creek, through the ridges to the west-along Rahling Road/West Loop, and along Fourche Bayou. A few November 3, 2011 ITEM NO.: 9 (Cont.) FILE NO.: MSP11-01 2 Bike Paths remain along major Arterial streets: Chenal Parkway, Cantrell Road, west of I-430 or as connectors. Both the current and proposed maps have a network of Class III Bikeways, Bike Routes north of Interstate 630. This section of Little Rock has a grid street network that allows for more connections. With a more dispersed traffic system Bike Routes are a safer option due to volumes and speeds of vehicles being somewhat less. In the west and southwest section of the jurisdiction, the predominance is for Class II bikeways, Bike Lanes. This is due in part to the lack of connecting roadways. Since Arterials must be used in these sections, and with little other options for either vehicles or bicycles, volumes and speeds are likely to be high. Thus a separate lane on the roadway is recommended for the safety of the bicycling community. NEIGHBORHOOD COMMENTS: Notices were sent to the Ordinance Amendment contact list and all Neighborhood Associations. STAFF RECOMMENDATIONS: Approval. PLANNING COMMISSION ACTION: (NOVEMBER 3, 2011) The item was placed on the consent agenda for approval. By a vote of 9 for and 0 against with 2 absent, the consent agenda was approved. 0 0 U w uj 0 cn 0 J CL C E.7 r-1 LLI CL W 0 2 Lij U) M u ui c� z m W 7- �L Z i W ��O11o0� 11 IIY�11��� 11 �,`�C]Z�a[aWLLJiY w mm����LL. f_ QQ ui co d © CO z= .< Cl) ~ w pC Z z Z = p¢ J a- = o> ❑C Z Za- 4 w .J w o� CL W 0 2 Lij U) M u ui c� z m W 7- �L Z i W �,`�C]Z�a[aWLLJiY w mm����LL. f_ QQ ui co d © CO z= .< Cl) ~ w pC Z z Z = p¢ J a- = o> ❑C Z Za- 4 w .J w o� CL W 0 2 Lij U) M u ui c� z m W 7- �L Z i W November 3, 2011 There being no further business before the Commission, the meeting was adjourned at 4;21 p.m. Date /'A 1 E— / / S cretarxr hairman