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pc_11 18 2010 LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING MINUTE RECORD NOVEMBER 18, 2010 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present being eight (8) in number. II. Members Present: Tom Brock William Changose Janet Dillon J. T. Ferstl Dan Harpool Troy Laha Obray Nunnley, Jr. Bill Rector Members Absent: Jeff Yates Two Open Positions City Attorney: Cindy Dawson III. Approval of the Minutes of the October 7, 2010 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING NOVEMBER 18, 2010 4:00 P.M. I. OLD BUSINESS: A. Z-8524 ZAG Investments Event Center – Conditional Use Permit 6014 Forbing Road B. Z-8420-A Love N Care Day Care Center – Revised Conditional Use Permit 4110 East 37th Street II. NEW BUSINESS: Item Number: File Number: Title 1. G-23-423 Alley – Right-of-Way Abandonment Block 4, Capitol View Addition (100 Rice Street) 2. Z-8161-B Rezoning from R-3 to C-3 Immediately north of 1900 West 3rd Street 3. 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 4. Z-5392-C Cloverdale Middle School Parking Expansion – Conditional Use Permit 6300 Hinkson Road 5. Z-5628-A Regal Investments School of Cosmetology and Beauty Salon – Conditional Use Permit 5700 South University Avenue 6. LA-0034 Castle Valley Tree Harvest 8500 Castle Valley Road 9F7 � w ZSn - r� How s co E x 3xld _ �f � 9F7 � w ZSn - Is How s ❑ x 3xld _ �f � D 3: •1r ARCH ST �.� Co a � f _ J w x oa $YWDHJ rdvra ._.. ,, ri i y7 b A1ISa3RINn s / f•.r: Q� K.. SP r••�u7 � �i 9F7 � w ZSn - L.L�J ..L Cl) Z) 0 Q }}•1+�� LJJ •c 0 (D i..L 1 i n Is How s ❑ _ �f � D 3: •1r ARCH ST a � f _ ._.. ,, ri i y7 b A1ISa3RINn s / f•.r: Q� N Q, a err ❑a S`JNIadS a3A As Idd1SSIS31N Nd ,,w. '�, 1, w 'ua � laa 1D31HC e uoxtag NSOr +1 ON 21rOMABSU a ; � oa squads S�}31N1 08 3Flodtl AFI. FAA f"r � � r.. � �'• p�'�DYls, ` 1 fir, G' � e" 45 w a i ......_....._. r. rr w w 2 1d"'dAl7lrt5 ON u` �•.i 1 � HSXVW it.i � � .i w r 2 co 09E A'YMw'J'IH ���• 4 t.+.+rtpea�[ �'F� .$�. O i da 8Nbvds fa,7 a7vanr�� �' L.L�J ..L Cl) Z) 0 Q }}•1+�� LJJ •c 0 (D i..L 1 i n November 18, 2010 ITEM NO.: A 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. November 18, 2010 ITEM NO.: A (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. November 18, 2010 ITEM NO.: A (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 November 18, 2010 ITEM NO.: A (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. November 18, 2010 ITEM NO.: A (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. November 18, 2010 ITEM NO.: A (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. November 18, 2010 ITEM NO.: B FILE NO.: Z-8420-A NAME: Love N Care Day Care Center – Conditional Use Permit LOCATION: 4110 East 37th Street (College Station) OWNER/APPLICANT: James Washington PROPOSAL: A revision to the previously approved Conditional Use Permit for the day care center is requested as a result of the site not being developed as per the approved site plan. 1. SITE LOCATION: The site is located on the north side of East 37th Street, one block west of Bankhead Drive, in the College Station community. 2. COMPATIBILITY WITH NEIGHBORHOOD: The site is located outside of the city limits, within the City’s zoning jurisdiction. The property is located in the area impacted by the 1997 tornado and many of the properties in the immediate vicinity remain vacant. The day care center and the applicant’s home are adjacent to the east. Undeveloped, wooded property is adjacent to the north and to the east of the existing day care. The building slab and parking lot remain from the former site of the county health department, which was located at 37th and Bankhead. Two single-family residences and a 4-unit apartment building are located to the south. The site is located just off Bankhead, a collector street, in an area that is in need of reinvestment. Staff believes the use is compatible with the neighborhood. All owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and the College Station Neighborhood Association were notified of this request. 3. ON SITE DRIVES AND PARKING: The new building was approved to accommodate 62 children with 8 employees, requiring 14 parking spaces. The plan approved by the Commission on January 8, 2009 showed the construction of a new driveway off of East 37th Street and an 11 space parking lot to be located between the building and the street. Additional parking is available and being used at the other part of the applicant’s day care, located adjacent to the east. November 18, 2010 ITEM NO.: B (Cont.) FILE NO.: Z-8420-A 2 Under the revision proposed of the applicant, an existing driveway off of East 37th Street was used and parking has been located along the east side of the new building. The new parking ties into the existing parking and drive that serves the portion of the day care operation to the east. It appears 11 spaces are still being provided. 4. SCREENING AND BUFFERS: Site plan must comply with the City’s landscape and buffer ordinance requirements. The zoning street buffer requires a nine-foot (9’) wide street buffer along 37th Street. This is measured after any right-of-way dedication. Removal of asphalt/concrete may be required in conjunction with this application. The Landscape Ordinance requires a nine-foot (9’) wide perimeter landscape strip around the site’s entirety. This may require the removal of asphalt/concrete in conjunction with this application. A variance must be obtained from the City Beautiful Commission for any deviation from this minimal City ordinance requirement. The Landscape Ordinance requires that a minimum of eight percent (8%) of the interior of the parking lot be green space. Currently, it appears this minimal amount isn’t being met. A variance from this minimal City ordinance requirement must be obtained from the City Beautiful Commission. A small amount of building landscaping is required. 5. PUBLIC WORKS COMMENTS: 1. Due to the proposed use of the property, the Master Street Plan specifies that 37th Street for the frontage of this property must meet commercial street standards. A dedication of right-of-way from centerline is required. Show or verify the centerline of the 37th Street right-of-way. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. Entergy: No comments received. Centerpoint Energy: No comments received. November 18, 2010 ITEM NO.: B (Cont.) FILE NO.: Z-8420-A 3 AT&T (SBC): No comments received. Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer’s expense. Please submit plans for water facilities and/or fire protection to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. Contact Central Arkansas Water regarding the size and location of the water meter. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) required that upon installation of the RPZA, successful test of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by Central Arkansas Water. The test results must be sent CAW’s Cross Connection Section within ten (10) days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Approved as submitted. Fire sprinklers and fire hydrant may be required. County Planning: No Comments. November 18, 2010 ITEM NO.: B (Cont.) FILE NO.: Z-8420-A 4 SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 16, 2010) The applicant was present. Staff presented the item and noted the applicant needed to indicate the playground area, fencing and landscape areas on the site plan. When questioned about the ramp that had been installed at the front of the building, Mr. Washington responded that he had been told by the LRFD Fire Marshall that he needed to provide the additional exit and ramp to satisfy fire codes. Public Works, Utility and Landscape Comments were noted. The applicant was advised to have his surveyor indicate the street right-of-way and centerline on the survey so that it could be determined if right-of-way dedication was required. The applicant was advised to respond to staff issues by September 22, 2010. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: On January 8, 2009, the Commission approved a C.U.P. to allow for construction of a new building to accommodate expansion of the existing day care center on this R-3 zoned property. The approval included the construction of a 9,785 square foot building and an 11-space parking lot to be located between the building and the street. The applicant already operated a day care center on the property adjacent to the east with a capacity of 48 children. The new building accommodates an additional 62 children and 8 employees. Day and hours of operation were approved as 5:00 a.m. to 11:30 p.m., Monday through Friday with the possibility of expanding to Saturday and Sunday if the demand should arise. The property is located outside of the city limits but within the City’s zoning jurisdiction. Since the property is outside the city limits, no building permit was required. The building was subsequently constructed different from the approved plan. The building as constructed contains 7,150 square feet and parking has been located on the east side of the building. The previously approved plan had the building with a front yard setback of 74± feet to accommodate the parking lot. The building has actually been constructed with a setback of 25 feet with a porch and ramp extending into the setback. The other building setbacks meet or exceed those approved in 2009. Additionally, the required right-of-way was not dedicated. An additional 10 feet of right-of-way is needed which will result in a building setback of 15 feet. A ramp which has been installed at the southwest face of the building would actually be located in the right-of-way. No changes in any of the other previously approved aspects of the day care center are proposed. November 18, 2010 ITEM NO.: B (Cont.) FILE NO.: Z-8420-A 5 Although it is unfortunate that the applicant chose not to follow the approved plan, none of the changes are “fatal” in nature. The parking as constructed provides the same number of spaces as was previously approved. Some minor changes will need to be made to the plan to provide the required landscape and screening. The playground area behind the building will need to be enclosed by a 6 foot wood privacy fence as was previously required. Right-of-way dedication must be completed. The ramp on the front of the building must be redesigned so that it will not be in the new right-of-way. Allowing the reduced setback, once right-of-way is dedicated, should not have any real impact. The building will still physically line-up with the couple of other buildings existing on the street. If approved, staff will monitor the site to assure completion and compliance. STAFF RECOMMENDATION: Staff recommends approval of the revised CUP subject to compliance with the following conditions: 1. Compliance with the conditions outlined in Section 6 in the previous C.U.P. approval dated January 8, 2009 (Z-8420). 2. Right-of-way is to be dedicated to 30 feet from centerline of East 37th Street (an additional 10 ft. of right-of-way). 3. The ramp on the southwest corner of the front of the building is to be removed and redesigned so that it does not extend into the new right-of-way. 4. The playground area is to be enclosed by a 6 ft. tall wood privacy fence. 5. The parking located on the north side of the site, east of the building is to be redesigned to provide the required 6.75 feet of landscape area. Staff recommends approval of the reduced front yard setback, once right-of-way is dedicated. PLANNING COMMISSION ACTION: (OCTOBER 7, 2010) The applicant was not present. There were no objectors present. Staff informed the Commission that the applicant had failed to send the required notices. Staff recommended deferral of the item to the November 18, 2010 meeting. There was no further discussion. The item was placed on the consent agenda and approved for deferral by a vote of 11 ayes, 0 noes and 0 absent. November 18, 2010 ITEM NO.: B (Cont.) FILE NO.: Z-8420-A 6 PLANNING COMMISSION ACTION: (NOVEMBER 18, 2010) The applicant was not present. There were no objectors present. Staff informed the commission that the applicant had failed to send the required notices. Staff recommended deferral of the item to the January 6, 2011 meeting. There was no further discussion. The item was placed on the consent agenda and approved for deferral by a vote of 8 ayes, 0 noes, 1 absent and 2 open positions. November 18, 2010 ITEM NO.: 1 FILE NO.: G-23-423 Name: Alley – Right-of-Way Abandonment Location: Block 4, Capitol View Addition (adjacent to Lot 1, Block 4, Capitol View Addition – 100 Rice Street) Owner/Applicant: Johanna Rahman/Mizan Rahman Request: To abandon the north 40 feet of the ten (10) foot wide alley right-of-way located within Block 4, Capitol View Addition. Purpose: To allow construction of a fence for security purposes. PROPOSAL/REQUEST: The applicant proposes to abandon the north (40) feet of the ten (10) foot wide alley right-of-way located in Block 4, Capitol View Addition, (adjacent to Lot 1, Block 4, Capitol View Addition – 100 Rice Street). The abandonment is proposed in order to allow an existing, newly constructed fence with gate to remain in the area of right-of-way for security purposes. STAFF REVIEW : A. Public Need for this Right-of-Way: As noted in paragraph G., none of the utility companies object to the abandonment request. One (1) utility requests the area be retained as a utility easement. The Public Works Department also has no objection to the abandonment request. B. Master Street Plan: There are no Master Street Plan issues associated with this abandonment request, as the right-of-way is not classified as a collector street or higher. C. Characteristics of Right-of-Way Terrain: The ten (10) foot wide alley was paved at one time, but has deteriorated over the years. The north end of the alley is located 10 to 12 feet above the grade of West Markham Street. November 18, 2010 ITEM NO.: 1 (Cont.) FILE NO.: G-23-423 2 D. Development Potential: After abandonment, the area will be incorporated into the adjacent single family lots to the east and west. E. Neighborhood and Land Use Effect: The alley is located within a residential block. Because of the terrain, the alley will never be a connection to West Markham Street. F. Neighborhood Position: There is one (1) other adjacent property on the west side of the proposed area of abandonment (101 Thayer Street). That property owner was notified of the abandonment request. The Capitol View – Stifft Station Neighborhood Association was also notified of the abandonment request. G. Effect on Public Services or Utilities: Wastewater: No objection to abandonment. No easement needs to be retained within north forty (40) feet of alley. Entergy: No objection to abandonment. Retain area of abandonment as a utility easement. Centerpoint Energy: No objection to abandonment. AT&T (SBC): No objection to abandonment. Water: No objection to abandonment. H. Reversionary Rights: The applicant submitted a letter from an abstract company noting that no reversionary rights were found filed of record in the Records of Pulaski County, Arkansas. I. Public Welfare and Safety Issues: Abandoning this alley right-of-way will have no adverse impact on the public welfare and safety. The Little Rock Fire Department has reviewed and approved the abandonment request. November 18, 2010 ITEM NO.: 1 (Cont.) FILE NO.: G-23-423 3 SUBDIVISION COMMITTEE COMMENT: (OCTOBER 28, 2010) Mizan Rahman and Johanna Rahman were present, representing the application. Staff described the proposed abandonment request and current condition of the alley right-of-way. Staff noted that all of the utility companies and the fire department supported the abandonment request. Staff noted that there were no outstanding issues. After the discussion, the Committee forwarded the application to the full Commission for resolution. STAFF RECOMMENDATION: Staff recommends approval of the request to abandon the north 40 feet of the ten (10) foot wide alley right-of-way located within Block 4, Capitol View Addition, subject to the entire area of abandonment being retained as a utility and drainage easement. PLANNING COMMISSION ACTION: (NOVEMBER 18, 2010) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval. There was no further discussion. The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 8 ayes, 0 noes, 1 absent and 2 open positions. November 18, 2010 ITEM NO.: 2 FILE NO.: Z-8161-B Owner: Capitol View Properties, LLC Applicant: David Carpenter Location: Immediately north of 1900 West 3rd Street (Lot 5, Block 6, Union Depot Addition) Area: 0.135 Acres Request: Rezone from R-2 to C-3 Purpose: Future commercial development Existing Use: Vacant lot SURROUNDING LAND USE AND ZONING North – Undeveloped lots and single family residences; zoned R-3, R-5 and I-2 South – Commercial building (same ownership as subject property); zoned C-3 East – Undeveloped lots (same ownership as subject property) and Railroad right-of-way; zoned C-3 and I-2 West – Various commercial buildings and uses, single family structure, multifamily facility; zoned R-3, C-3, PCD and PD-C A. PUBLIC WORKS COMMENTS: 1. Due to the proposed use of the property, the Master Street Plan specifies that West 2nd Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 2. At time of issuance of building permit for development of the site, provide design of street conforming to the Master Street Plan. Construct one-half street improvements to this street including 5-foot sidewalks with planned development. B. PUBLIC TRANSPORTATION ELEMENT: The site is located on CATA Bus Routes #1 Pulaski Heights Route and #8 Rodney Parham Route, which run along West 3rd Street. November 18, 2010 ITEM NO: 2 (Cont.) FILE NO.: Z-8161-B 2 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 Capitol View Stifft Station Neighborhood Association were notified of the rezoning request. D. LAND USE ELEMENT: This request is located in the Heights Hillcrest Planning District. The Land Use Plan shows Commercial for this property. The applicant has applied for a rezoning from R-3 to C-3. The request does not require a change to the Land Use Plan. This area is covered by the Capitol View/Stifft Station Neighborhood Plan. Their Neighborhood Image goal states: “Promote new businesses that fits the image of the neighborhood,“ but the Plan does not elaborate on what type of businesses fit that image. Master Street Plan: West 3rd Street 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 exits should be limited to minimize negative effects of traffic and pedestrians on West 3rd Street since it is a Minor Arterial. West 2nd Street is a Local Street. The primary function of a Local Street is to provide access to adjacent properties. Local Streets which are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. These streets have a design standard the same as a Collector. West 2nd is currently not built to standard. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class I is proposed for the open space along the railroad tracks to the east of this area. A Class I bikeway is built separate from or alongside a road. Additional paving and right-of-way may be required. E. STAFF ANALYSIS: Capitol View Properties, LLC, owner of the 0.135 acre property located immediately north of and adjacent to 1900 West 3rd Street, is requesting to rezone the property from “R-3” Single Family District to “C-3” General November 18, 2010 ITEM NO: 2 (Cont.) FILE NO.: Z-8161-B 3 Commercial District. The rezoning is proposed to allow future commercial development, possibly a new parking lot to serve the existing commercial building at 1900 West 3rd Street. The four (4) lots immediately to the east were zoned C-3 on August 3, 2009. These lots have the same ownership as the lot in question, which was inadvertently omitted from that past rezoning. The lot is currently undeveloped and grass covered. The site is relatively flat. The general area contains a mixture of uses and zoning. There are undeveloped lots, zoned R-3 and R-5, located to the north and northwest, with single family residences further north. There is a commercial building to the south. Additional commercial buildings are located to the west and southwest, along West 2nd and West 3rd Streets. There is also a vacant single family residence and a multifamily structure to the west. Railroad right-of-way is located immediately to the east. The City’s Future Land Use Plan designates this property as commercial. The requested C-3 zoning does not require a Land Use Plan Amendment. Staff is supportive of the requested rezoning to C-3. Staff views the request as reasonable. The proposed C-3 zoning will represent a continuation of the commercial zoning pattern in this area, along the north side of West 3rd Street. The commercial zoning (C-3, PCD and PD-C) for the properties to the west extends northward to the West 2nd Street right- of-way, which is the north boundary of the subject property. Staff feels that future commercial development of this property will be an appropriate use of the property. Staff believes the proposed C-3 zoning will have no adverse impact on the adjacent properties or the general area. F. STAFF RECOMMENDATION: Staff recommends approval of the requested C-3 rezoning. PLANNING COMMISSION ACTION: (NOVEMBER 18, 2010) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval. There was no further discussion. The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 8 ayes, 0 noes, 1 absent and 2 open positions. November 18, 2010 ITEM NO.: 3 FILE NO.: Z-4649-C NAME: First Baptist Church Highland Park – Conditional Use Permit and Alley Right-of-Way Abandonment LOCATION: 3800 West 18th Street; Block 12, Braddock’s Addition OWNER/APPLICANT: First Baptist Church Highland Park PROPOSAL: A conditional use permit is requested to allow for the construction of a new church sanctuary building and parking lot on this vacant, R-3 zoned property. Abandonment of the alley and of easements located in a portion of the alley is also requested. STAFF REPORT: On November 3, 2010, the applicant requested deferral of this item to allow additional time to address site plan issues. Staff recommends deferral of the item to the January 6, 2011 meeting. PLANNING COMMISSION ACTION: (NOVEMBER 18, 2010) The applicant was not present. There were no objectors present. Staff informed the commission that, on November 3, 2010, the applicant had requested deferral of the item to the January 6, 2011 meeting. Staff recommended approval of the deferral request. There was no further discussion. The item was placed on the consent agenda and approved for deferral by a vote of 8 ayes, 0 noes, 1 absent and 2 open positions. November 18, 2010 ITEM NO.: 4 FILE NO.: Z-5392-C NAME: Cloverdale Middle School Parking Expansion – Conditional Use Permit LOCATION: 6300 Hinkson Road OWNER/APPLICANT: Little Rock School District/Peters and Associates PROPOSAL: A conditional use permit is requested to allow for the addition of new parking spaces and the improvement of existing parking spaces on this R-2 zoned public school site. 1. SITE LOCATION: The property is located south of West 83rd Street, north of Hinkson Road, approximately one block west of Geyer Springs Road. 2. COMPATIBILITY WITH NEIGHBORHOOD: The school has been a part of this neighborhood many years, predating the area’s annexation into the City. If done appropriately, the addition of more on-site parking should not affect the school’s continued compatibility with the neighborhood. The campus is located at the eastern edge of the residential neighborhood, where uses transition to the commercial Geyer Springs corridor. Other institutional uses in the immediate vicinity include churches located to the north and east, a charter school located one block to the ease and a day care to the east. Notice of the public hearing was sent to 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 Cloverdale Neighborhood Associations. 3. ON SITE DRIVES AND PARKING: The site contains a total of approximately 111 on-site parking spaces spread over the campus. An 18-space lot is located on the north side of the building with access off of West 83rd Street. A 10-space lot is located east of the school with access off of Holland Lane, a private street. A total of 32 spaces are located in the area in front of the school with access off of Holland Land and Hinkson Road. Parking lots located on the west part of the school property (adjacent to the cafeteria and where the elementary school was previously located) contain a total of 48 spaces. November 18, 2010 ITEM NO.: 4 (Cont.) FILE NO.: Z-5392-C 2 The school is proposing to construct 2 small parking lots containing a total of 19 parking spaces east of the building, taking access off of Holland Lane. The parking lot within the circular drive in front of the school is proposed to be enlarged by 9 spaces. A total of 52 new spaces are proposed to be constructed in the area west of the cafeteria. The existing parking lot on the west perimeter of the campus is to be reconstructed and restriped. Two of the four driveways off of Hinkson Road, west of the cafeteria, will be removed. It appears, once the construction of new spaces and renovation of some of the existing spaces is complete, the site will contain approximately 191 on-site parking spaces, a net gain of 80± spaces. Parking standards for a middle school are 1 space per classroom and 1 space for each teacher, employee and administrator. The school contains 52 classrooms, with 66 teachers and 26 other employees. Based on these numbers, the campus should contain a minimum of 144 on-site parking spaces. 4. SCREENING AND BUFFERS: Proposed new parking areas must comply with the City’s Landscape and Buffer Ordinances. Site plan must comply with the City’s minimal landscape and buffer ordinance requirements. 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. 5. PUBLIC WORKS COMMENTS: 1. At time of building permit, repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 2. A back up area should be provided on the existing western parking area. November 18, 2010 ITEM NO.: 4 (Cont.) FILE NO.: Z-5392-C 3 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. Existing six (6) inch sewer main on north side Hinkson Road is a private sewer main serving the school site. Entergy: No comments received. Centerpoint Energy: Approved as submitted. AT&T (SBC): No comments received. Water: No objections. Fire Department: Approved as submitted. County Planning: No Comments. CATA: This site is not located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (OCTOBER 28, 2010) Ernie Peters was present representing the application. Staff presented the item and noted the Public Works and Landscape Comments. In response to a question from the Committee, Mr. Peters stated no trees would be removed in the area in front of the school or west of the cafeteria building. He stated 4 trees would be removed east of the building, adjacent to Holland Lane. The Committee determined there were no outstanding issues and forwarded the item to the full Commission. STAFF ANALYSIS: Cloverdale Magnet Middle School is located on the R-2 zoned property at 6300 Hinkson Road. The school is located on the east half of the 16± acre LRSD property. An elementary school used to be located on the west half. The school site contains a 52 classroom building, a detached cafeteria building, approximately 111 parking spaces distributed around the campus and play areas. Of the 111 spaces, approximately 60 are located in close proximity to the building. The remainder are located on the west side of the campus, some distance away from the building. November 18, 2010 ITEM NO.: 4 (Cont.) FILE NO.: Z-5392-C 4 The District is proposing to expand parking on the campus to a total of approximately 191 spaces. Two new parking lots containing a total of 19 spaces are proposed east of the school building, taking access off of Holland Lane. 9 new spaces will be added off of the circular drive at the front of the school. 52 new spaces will be added to the existing parking located west of the cafeteria building. The existing parking in that area will be repaired, resurfaced reconstructed and restriped as needed. A new sidewalk will tie the new and improved parking lot to a covered canopy that provides access to the school buildings. The new parking areas will be landscaped and irrigated to comply with ordinance requirements. No new signage, fencing or lighting is proposed. Two of the four existing driveways off of Hinkson Road, west of the cafeteria, will be removed and curb, gutter and sidewalk improvements will be installed. Staff is supportive of this proposed plan. On August 28, 2010, the Commission denied a proposal to expand parking on this site. That plan focused more on expanding the parking directly in front of the school, resulting in the loss of some of the green space in that area. There had been concerns that the parking would intrude into the required street buffers. Under this new plan, all required buffers are provided. The existing parking, west of the cafeteria, that does not currently comply with buffer requirements, will remain but will be reconstructed and restriped. 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 C.U.P. subject to compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the Agenda Staff Report. PLANNING COMMISSION ACTION: (NOVEMBER 18, 2010) The applicant was present. There were eight commissioners present. The applicant was asked if he wished to defer the item or proceed. Ernie Peters stated he wished to proceed. There was one objector present. That same objector had submitted a letter of opposition which staff had forwarded to the commission. Staff presented the item and a recommendation of approval, subject to compliance with the comments and conditions outlined in the “staff recommendation” above. Mr. Peters addressed the commission and stated he wished to reserve his time to respond to any issues that might be raised by the person present in opposition. November 18, 2010 ITEM NO.: 4 (Cont.) FILE NO.: Z-5392-C 5 Pam Adcock, of 6205 Hinkson Rd., spoke in opposition to a portion of the proposal. She stated she did appreciate Mr. Peters working with her and keeping her engaged in the process. Ms. Adcock made reference to the letter she had submitted. She stated she was okay with the proposed parking east of the school and west of the cafeteria building but she was opposed to the expansion of parking in front of the school. Ms. Adcock noted the proposed 191 parking spaces exceeded the Ordinance requirement and the 9 spaces at the front of the school were not needed. She made reference to her letter and asked that the commission impose additional conditions if the 9 spaces at the front of the school were approved. Ms. Adcock stated the enrollment at the school was down to 570 students from an enrollment of 686 students last school year. She again questioned the need for additional parking. Ernie Peters responded that he was grateful for Ms. Adcock working with the District on the issue. He stated the 9 spaces at the front of the building would be screened by landscaping that would be more than sufficient to block the headlights of any vehicles parked in the spaces. He stated the spaces were needed to accommodate visitors, who needed to access the building through the front entrance. Mr. Peters stated all of the proposed parking improvements would be done at the same time. He said adding the new parking would help to address some of the issues Ms. Adcock had raised in her letter. Mr. Peters stated the 9 new spaces were actually being created by adding a smaller area of new pavement to an area that is currently used for parallel parking and turning the spaces from parallel to right-angle parking. Commissioner Laha asked if the contract with the construction company could be worded so that the 9 spaces at the front of the building would be built last. Commissioner Laha expressed concern that the 9 spaces would be built first and the remaining spaces might be delayed or not built. Mr. Peters responded that it could, but it was the District’s intention to build all of the spaces at the same time. Commissioner Laha commented that people park on the grass around the school and the District needed to take measures to make people park on the paved surfaces only. In response to a question from Vice-chair Ferstl, Mr. Peters stated full use of the existing parking would remain during the construction process. In response to a question from the commission, Mr. Peters stated he was amending his application, agreeing to stage construction as follows: Phase I…..Parking off of Holland Lane Phase II….Parking west of the cafeteria building Phase III…Parking in front of the school November 18, 2010 ITEM NO.: 4 (Cont.) FILE NO.: Z-5392-C 6 Ms. Adcock asked about the additional conditions she had proposed in her letter. Deputy City Attorney Cindy Dawson commented that some of the proposed conditions were inappropriate to the issue before the commission. A motion was made to approve the application as amended, subject to all staff comments and conditions. The motion was approved by a vote of 6 ayes, 2 noes, 1 absent and 2 open positions. November 18, 2010 ITEM NO.: 5 FILE NO.: Z-5628-A NAME: Regal Investments School of Cosmetology and Beauty Salon – Conditional Use Permit LOCATION: 5700 S. University Avenue OWNER/APPLICANT: Regal Investments, LLC PROPOSAL: A conditional use permit is requested to allow for use of the existing building on this C-4 zoned lot as a school of cosmetology and a beauty salon. 1. SITE LOCATION: The property is located on the southwest corner of S. University Avenue and Mabelvale Pike. 2. COMPATIBILITY WITH NEIGHBORHOOD: The site was formerly occupied by an automobile dealership and is located in an area populated by a variety of institutional, office and commercial uses. The applicant proposes to utilize the existing building and parking area which are oriented towards University. The rear of the property, which is to remain undeveloped, faces the residential neighborhood located across Mabelvale Pike. Staff believes allowing the proposed school and salon, which changes the property from having outside uses to an indoor use, is an appropriate use. Notice was sent to all owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and the SWLR United for Progress, Meadowcliff/Brookwood and Geyer Springs Neighborhood Associations. 3. ON SITE DRIVES AND PARKING: A paved parking lot is located in front of the building, with access off of both University and Mabelvale Pike. The parking lot will be restriped to provide 55 spaces. The building contains 7,000 square feet. Ultimately, the cosmetology school will occupy 6,000 square feet and the salon will occupy 1,000 square feet. The school is to have an enrollment of 200 students, scattered over various days and class shifts. The parking requirement for a trade school is 1 space for 300 square feet or 1 space for 4 students, whichever is greater. This school requires 50 spaces maximum. The beauty salon requires 5 spaces; 1 space for 200 square feet. The proposed 55 spaces provide the ordinance requirement. No November 18, 2010 ITEM NO.: 5 (Cont.) FILE NO.: Z-5628-A 2 parking will be located behind the building. An existing access drive behind the building will be used only to provide access for dumpster service. 4. SCREENING AND BUFFERS: All vehicular use areas which were in existence prior to the effective date of the landscape ordinance may continue as nonconforming until such time a building permit is issued to rehabilitate a structure on the property exceeding fifty (50) percent of the current replacement cost of the structure. At such time fifty (50) percent of the existing vehicular use area shall be brought into compliance with this chapter and shall continue to full compliance on a graduated scale based upon the percentage of rehabilitation cost. Provide proposed rehabilitation costs and current replacement cost of the structure. Site plan must comply with the City’s minimal landscape and buffer ordinance requirements. Street trees are both highly encouraged and appreciated. An upgrade may be required if the rehabilitation of the structure exceeds fifty percent (50%) of the current replacement cost. Any new parking areas must comply with the landscape ordinance; including the addition of landscaping per Chapter 15 of the City ordinances. 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: Approved as submitted. AT&T (SBC): No comments received. November 18, 2010 ITEM NO.: 5 (Cont.) FILE NO.: Z-5628-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 larger and/or additional water meter(s) are required. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW’s Cross Connection Section within ten (10) days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention. Fire Department: Approved as submitted. County Planning: No Comments. CATA: The site is located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (OCTOBER 28, 2010) Terry Burruss and Jimmy Duong were present, representing the application. Staff presented the item and noted additional information was needed on the proposed use. Staff requested the applicant provide the total square footage of the building proposed to be used for the cosmetology school and the salon. Staff requested the maximum enrollment of students at the school and the proposed days and hours of operation of the school and the salon. The applicant was asked to provide information on proposed signage, fencing and lighting and to indicate the dumpster location and screening. Staff requested the plan be revised to indicate parking spaces and driveways. Public Works, Utility and Landscape Comments were noted. Mr. Burruss asked if it would be appropriate to show potential future parking to be located behind the building, if the applicant thought it might be done at a later date. Staff responded that it would be appropriate to show future parking, if it was thought it would be needed. Staff cautioned the applicant that any proposed parking behind the building would be closely scrutinized since the properties across Mabelvale Pike were residential. The applicant was directed to respond to staff issues by November 3, 2010. The Committee forwarded the item to the full Commission. November 18, 2010 ITEM NO.: 5 (Cont.) FILE NO.: Z-5628-A 4 STAFF ANALYSIS: The C-4 zoned property located at 5700 S. University Avenue is occupied by a one-story, 7,000 square foot commercial building and a paved parking lot. The property was previously occupied by an automobile dealership. The applicant is requesting a conditional use permit to allow for occupancy of the building by a school of cosmetology and a beauty salon. Ultimately, the school will occupy 6,000 square feet and the salon will occupy 1,000 square feet. Initially, the school will only occupy 3,500 square feet, with the remaining 1,500 square feet to be occupied by allowable C-4 uses. The days and hours of operation for both uses are proposed as a maximum of 8:00 a.m. – 10:00 p.m., Monday through Saturday. The school will have an ultimate maximum enrollment of 200 students who will attend various classes scattered over different days and shifts through the week. Signage will consist of a single ground sign on the University frontage and wall signage on the building. A dumpster and required screening will be placed on the existing concrete pad at the north side of the building. No other fencing is proposed. The applicant will utilize the existing site lighting. Some of the light poles will be removed and the remaining lighting will be modified with shielding. The existing parking lot will be restriped to provide 55 parking spaces. To staff’s knowledge, there are no outstanding issues. The property is located on the heavily commercial University Avenue corridor and the proposed uses appear compatible with uses in the area. The bill of assurance for Lot 1A, Owen Henderson Addition does not address use issues. STAFF RECOMMENDATION: Staff recommends approval of the requested C.U.P. subject to compliance with the following conditions: 1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. 2. Servicing of the dumpster is to be limited to daylight hours only. 3. There is to be no parking on the gravel area located behind (west) the building. Use of the access drive in this area is to be limited to dumpster service. November 18, 2010 ITEM NO.: 5 (Cont.) FILE NO.: Z-5628-A 5 PLANNING COMMISSION ACTION: (NOVEMBER 18, 2010) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval, subject to compliance with the comments and conditions 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. The vote was 8 ayes, 0 noes, 1 absent and 2 open positions. November 18, 2010 ITEM NO.: 6 FILE NO.: LA-0034 NAME: Castel Valley Golf Course Tree Harvest LOCATION: South Side of Bunch Road between Chicot Road and Henke Road APPLICANT: Doug Cantrell AREA: Approximately 105 acres CURRENT ZONING: Office Space, R-2, and MF6 VARIANCES/WAIVERS REQUESTED: A variance from the Land Alteration Regulations for issuance of a grading permit to harvest timber on the property. A. PROPOSAL/REQUEST: The applicant is requesting a variance from the Land Alteration Regulations for staff to issue a grading permit to select cut pines and hardwoods on approximately 105 acres of the Castle Valley Golf Course located on the south side of Bunch Road between Chicot Road and Henke Road. The application states that trees in certain areas are causing fairways and greens to not grow grass because of the lack of sunlight, and asphalt cart paths are buckling because of tree roots in certain areas. The applicant has the objective to cut only the trees that are adversely affecting the golf course and to leave as many trees as possible to maintain the aesthetic quality. This will result in a harvest of approximately 16 percent of the trees on the property. B. EXISTING CONDITIONS: The 105 acre property has a mix of zoning that include OS, MF6, and R2. There are approximately 1040 pines and 635 hardwoods on the property. Properties on the north across Bunch Road are zoned R-2. These residential properties appear to be in a rural setting with lot sizes ranging from approximately 0.5 to 5 acres. The property on the west is zoned R-2. These residential properties are also in a rural setting with lot sizes ranging from approximately 1 to 15 acres. The property to the east is mainly undeveloped residential property in the county with a small portion zoned PD-R on the northeast property line. The property to the south is all rural residential property within the County. November 18, 2010 ITEM NO.: 6 (Cont.) FILE NO.: LA-0034 2 C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received two emails of concern for the proposed project. One email came from Melanie Meuse – Warg and family, and in summary their concerns are which trees are going to be removed and to make sure trees adjacent to the property are not removed. The second email came from Director Wyrick requesting information about the application because the neighborhood is unaware of the application. All adjacent property owners including those across streets or alleys have been notified of the public hearing. D. PUBLIC WORKS COMMENTS: 1. Harvest activities must comply with State and Federal forestry harvest techniques and code. Damage to offsite property must be repaired by the applicant in a timely manner. 2. Treetops and debris generated from the harvest activity must be removed at the conclusion of harvest to reduce the potential fire hazard. Contact the Little Rock Fire Department for conditions and additional requirements. E. LANDSCAPE COMMENTS: No Comments F. SUBDIVISION COMMITTEE COMMENTS: (October 28, 2010) Doug Cantrell, the applicant, was present at the subdivision committee meeting. The item was discussed with the Subdivision Committee members. Staff explained the comments and the applicant answered questions. G. STAFF ANALYSIS: The applicant is proposed to remove approximately 16 percent of trees from the site. Most of the trees that need to be removed are those that are detrimental to the cart paths. The treatment to combat this problem is to remove trees within approximately twenty (20) feet of the cart paths. Those causing shade were looked at on a tree by tree basis, due to the fact the owner wants to cut as few trees as possible. Tree harvest shall consist of a “small” logging contractor. Trees will be felled with a conventional chainsaw. Contractor will have a small log skidder to drag trees to where stems are to be loaded onto a truck. Logging slash (i.e. limbs and tops) are going to be piled and burned with necessary burn permits. November 18, 2010 ITEM NO.: 6 (Cont.) FILE NO.: LA-0034 3 H. STAFF RECOMMENDATION: Staff recommends approval of the tree harvest variance request subject to compliance with conditions and comments stated in paragraphs D. A grading permit in accordance with Section 29-186 (c) and (d) will be required to be obtained prior to any land clearing or grading activities at the site. PLANNING COMMISSION ACTION: (NOVEMBER 18, 2010) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval, subject to compliance with the comments and conditions 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. The vote was 8 ayes, 0 noes, 1 absent and 2 open positions. LA - 0034 W W F- 0 2 0 Vi C!3 0 CD Z Q LU 0 w ui co w Of U7 m F W �Q mm m ■ W coo W m o tY M, iW [o 0 q�j CO 2 U w z Q Z 0u�� Gl � J w LL < 0 _i Q 2 >- 0 ~ Q� m 0 LLJ J Z 0 W c �?C� LL � Uj [ �- CO CL LwL 0 a- 0 0 w ui co w Of U7 m F W �Q W coo W m o tY M, iW [o 0 q�j CO 2 U w z Q Z 0u�� Gl � J w LL < 0 _i Q 2 >- 0 ~ Q� m 0 LLJ J Z 0 W c �?C� LL � Uj [ �- CO CL LwL 0 a- 0 0 w ui co w Of U7 m F W �Q November 18, 2010 There being no further business before the Commission, the meeting was adjourned at 4:30 p.m. Date �l ..