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pc_01 17 2008 LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING MINUTE RECORD JANUARY 17, 2008 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present being ten (10) in number. II. Members Present: Pam Adcock Troy Laha Jerry Meyer Lucas Hargraves Jeff Yates Chauncey Taylor Darrin Williams J. T. Ferstl Obray Nunnley, Jr. Bill Rector Members Absent: Valerie Pruitt City Attorney: Cindy Dawson III. Approval of the Minutes of the December 6, 2007 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING JANUARY 17, 2008 4:00 P.M. I. OLD BUSINESS: Item Number: File Number: Title A. LU07-16-02 Land Use Plan Amendment in the Otter Creek Planning District on east side of Vimy Ridge Road north of County Line Road from Single Family to Neighborhood Commercial. A.1 Z-8286 Rezoning from R-2 to C-1 East side of Vimy Ridge Road, approximately 250 feet north of County Line Road B. LA-0019 Appeal of the Land Alteration Ordinance 12 Pinto Point C. LA-0020 Rees Land Alteration Variance 1815 Rahling Road D. MSP07-04 Alternate Design Standard for University Avenue from Markham north to Cantrell Road E. A-310 Shoemaker Annexation, 218± Acres South of Lawson Road between Crystal Valley Road and Duvall in Sections 20, 29, 30, T-1-N, R-13-W. II. NEW BUSINESS: Item Number: File Number: Title 1. G-23-395 Little Rock National Airport – Right-of-Way Abandonments (East) Portion of Crosby, Ventura, Bedford and East 10th Streets and alleys 2. G-23-396 Little Rock National Airport – Right-of-Way Abandonments (West) Portions of Corning, Selma and East 10th Streets and alleys Agenda, Page Two II. NEW BUSINESS: (CONTINUED) Item Number: File Number: Title 3. Z-8157-B Little Rock National Airport – Rezoning (East) Blocks 36 and 43, Industrial Park Addition 4. Z-8157-C Little Rock National Airport – Rezoning (West) Blocks 6 and 15, Industrial Park Addition 5. Z-4159-A Rezoning from C-4 to C-3 North side of I-30, 1,000 feet west of Chicot Road 6. Z-5097-K Rezoning from R-2 and MF-12 to MF-12, O-3 and OS West side of Chenonceau Blvd., 1,000 feet south of Highway 10 7. LU08-11-01 A Land Use Plan Amendment in the I-430 Planning District from Suburban Office to Office located in the 1600 block of Aldersgate Road. 7.1 Z-8300 Rezoning from R-2 and O-2 to O-3 1615-1623 Aldersgate Road 8. LU08-20-01 A Land Use Plan Amendment in the Pinnacle Planning District from Single Family to Office located at the present terminus of Valley Ranch Drive. 8.1 Z-8301 Rezoning from R-2 to O-3 7101 Ranch Valley Drive 9. Z-8304 Rezoning from R-2 to AF Adjacent to 14824 Crystal Valley Road 9.1 Z-8304-A Pomtree Commercial Stable – Conditional Use Permit Adjacent to 14824 Crystal Valley Road 10. Z-6957-H 5100 Talley Road office, showroom/warehouse – Conditional Use Permit 5100 Talley Road 11. Z-6957-I 5200 Talley Road office, showroom/warehouse – Conditional Use Permit 5200 Talley Road Agenda, Page Three II. NEW BUSINESS: (CONTINUED) Item Number: File Number: Title 12. Z-8298 Team Clean Car Wash – Conditional Use Permit 4220 S. University Avenue 13. Z-8299 Taylor Accessory Dwelling – Conditional Use Permit 15706 Taylor Loop Road 14. Z-8302 Unity Missionary Baptist Church – Conditional Use Permit 2720 Marshall Street/1619 West 28th Street 15. Z-8303 Kingdom Hall of Jehovah’s Witnesses – Conditional Use Permit 9812 Colonel Glenn Road 16. G-25-198 Champlin Drive Name Change to Kirk Road Champlin Drive, south of Rahling Road January 17, 2008 ITEM NO.: A FILE NO.: LU07-16-02 Name: Land Use Plan Amendment - Otter Creek Planning District Location: North of County Line Road on the east side of Vimy Ridge Road Request: Single Family to Neighborhood Commercial Source: Robert A. Roberts, Kittler-Roberts Group PROPOSAL / REQUEST: Land Use Plan amendment in the Otter Creek Planning District from Single Family to Neighborhood Commercial. Neighborhood Commercial represents services in close proximity to a neighborhood, providing goods and services to that neighborhood market area. The applicant is proposing a zoning change to C-1 Neighborhood Commercial. EXISTING LAND USE AND ZONING: The property is zoned R-2 Single Family and is currently vacant. The property is surrounded to the north, west and east by R-2 Single Family zoning. Most of this R-2 land is developed with single family residences, but some of the R-2 zoned land remains undeveloped. To the southwest at the corner of Vimy Ridge Road and County Line Road is zoned C-1 Neighborhood Commercial for a Dollar General store. Immediately south and adjacent to the amendment area is zoned C-3 for a gas station with convenience store. Southeast of this site on County Line Road is zoned MF-6 Multifamily District and is vacant and undeveloped. South of County Line Road is Saline County, which the City does not zone. This area is within Shannon Hills and is largely rural in nature with single family residences and an elementary school on County Line Road. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: Ordinance 18865 amended the property immediately west of this application from Low Density Residential to Neighborhood Commercial in 2002. The amendment site is currently shown as Single Family on the Future Land Use Plan. Single Family extends to the north and east of this site. West of this site is shown as Neighborhood Commercial. Northwest is shown as Suburban Office and south is shown as Commercial. MASTER STREET PLAN: Vimy Ridge Road is shown as a Minor Arterial. A Minor Arterial provides connections to and through an urban area and their primary function is to provide January 17, 2008 ITEM NO.: A (Cont.) FILE NO.: LU07-16-02 2 short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Vimy Ridge since it is a Minor Arterial. This street 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 in the immediate vicinity. PARKS: According to the Master Parks Plan, this area is located within eight blocks of a park or open space. Northeast of this amendment site is Alexander Road park. HISTORIC DISTRICTS: There are no city recognized historic districts that would be affected by this amendment. CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN: This area is covered by the Chicot West/I-30 South Neighborhood Action Plan. The Economic Development goal states: “Provide a mixed commercial/residential environment that will promote the safety, attractiveness, and value of the area while creating a competitive and adaptable economic climate that encourages investment and diversity of employment opportunities.” It also states: “Expand Neighborhood Commercial uses at the intersections of Arterials.” ANALYSIS: The application property is currently vacant. The proposed amendment would change approximately 1.5 acres on the eastern side of Vimy Ridge Road from Single Family to Neighborhood Commercial. This amendment would make the land use plan symmetrical at this intersection with a buffer of Neighborhood Commercial surrounding the Commercial shown at the intersection of Vimy Ridge Road and County Line Road. The site is located at the intersection of Vimy Ridge Road and County Line Road. These are both classified as Minor Arterials on the Master Street Plan, and this is a highly used intersection. While this part of the city is fairly rural in nature, the high number of single family residences from Saline County travel north along Vimy Ridge Road to access Interstate 30 creates quite a bit of traffic. A convenience store and gas station is currently located at the northeast corner of this intersection. That corner is already zoned C-3 to permit this usage. On the northwest corner is a Dollar General store, which is zoned C-1 Neighborhood January 17, 2008 ITEM NO.: A (Cont.) FILE NO.: LU07-16-02 3 Commercial. Approximately a mile north of this site is the Vimy Ridge Road and Alexander Road intersection. That intersection was changed to Commercial on the Land Use Plan on the northwest and southeast corners. If the proposed site is approved for Neighborhood Commercial, the neighborhood might be able to acquire new or different types of businesses to the area. The area has a real need for more commercial sites. Residents have to drive either to Otter Creek, Baseline, or Saline County for most of their local commercial needs. This area has been mostly dormant for the past twenty years, but new residential developments are currently moving to this area. One large subdivision north of this site on the west side of Vimy Ridge Road is in the final plat stage. In the past five years, many new houses have developed south of County Line Road in the Shannon Hills area. While there are some commercial opportunities in Saline County, new residents in this area will increase the community’s need for more commercial development both in Saline and Pulaski County. There appears to be an increased interest in single family residences at a more suburban/urban density rather than the more traditional rural density. There are several new subdivisions being built along County Line Road and another is in progress along Alexander Road, which is north of this amendment site. These new subdivisions could mean a need for more local retail and employment sites. The only other area for commercial development is north of this site at the intersection of Vimy Ridge Road and Alexander Road. Most of the other existing areas shown as non-residential on the Future Land Use Plan are occupies, so there are no longer options besides expanding the existing non-residential areas to meet the growing need. The Chicot West I-30 Neighborhood Action Plan addresses many issues concerning Vimy Ridge Road. The Plan is in favor of Neighborhood Commercial development at the intersection of arterials and also states the need for more restaurants in the area. The Economic Development goal states: “Provide a mixed commercial/residential environment that will promote the safety, attractiveness, and value of the area while creating a competitive and adaptable economic climate that encourages investment and diversity of employment opportunities.” NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood associations: Quail Run, Alexander Road and Southwest Little Rock United for Progress. Staff has received no comments from area residents. STAFF RECOMMENDATIONS: Staff believes the change is appropriate. January 17, 2008 ITEM NO.: A (Cont.) FILE NO.: LU07-16-02 4 PLANNING COMMISSION ACTION: (JANUARY 17, 2008) The item was placed on consent agenda for approval. By a vote of 10 for, 0 against the consent agenda was approved. January 17, 2008 ITEM NO.: A.1 FILE NO.: Z-8286 Owner: Richard A. Williams Applicant: Bob Roberts Location: East side of Vimy Ridge Road, approximately 250 feet north of County Line Road Area: 2.519 Acres Request: Rezone from R-2 to C-1 Purpose: Future neighborhood commercial development Existing Use: Undeveloped SURROUNDING LAND USE AND ZONING North – Single family residence and undeveloped property; zoned R-2 South – Convenience store; zoned C-3 East – Single family residences; zoned R-2 West – Undeveloped property (across Vimy Ridge Road); zoned R-2 A. PUBLIC WORKS COMMENTS: 1. Vimy Ridge Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. 2. With site development and issuance of the building permit, provide design of street conforming to the Master Street Plan. Construct one- half street improvement to Vimy Ridge including 5-foot sidewalks with planned development. B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a CATA Bus Route. C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the Alexander Road, Quail January 17, 2008 ITEM NO: A.1 (Cont.) FILE NO.: Z-8286 2 Run and SWLR United for Progress Neighborhood Associations were notified of the public hearing. D. LAND USE ELEMENT: This request is located in the Otter Creek Planning District. The Land Use Plan shows Single Family. The applicant has applied for a rezoning from R-2 Single Family to C-1 Neighborhood Commercial District. A Land Use Plan amendment from Single Family to Neighborhood Commercial is a separate item on this agenda. Master Street Plan: Vimy Ridge Road is shown as 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 Vimy Ridge since it is a Minor Arterial. This street 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 in the immediate vicinity. Neighborhood Action Plan: This area is covered by the Chicot West/I-30 South Neighborhood Action Plan. The Economic Development goal states: “Provide a mixed commercial/residential environment that will promote the safety, attractiveness, and value of the area while creating a competitive and adaptable economic climate that encourages investment and diversity of employment opportunities.” E. STAFF ANALYSIS: Richard A. Williams, owner of the 2.519 acre tract located along the east side of Vimy Ridge Road, approximately 250 feet north of County Line Road, is requesting to rezone the property from “R-2” Single Family District to “C-1” Neighborhood Commercial District. The rezoning is proposed for future neighborhood commercial development of the property. January 17, 2008 ITEM NO: A.1 (Cont.) FILE NO.: Z-8286 3 The property is undeveloped pasture-type land. There is a single family residence on a large tract located immediately north of the property, with undeveloped R-2 zoned property further north. There is also undeveloped R-2 zoned property across Vimy Ridge Road to the west, with a Dollar General Store to the southwest. A convenience store is located immediately to the south at the northeast corner of Vimy Ridge Road and County Line Road. A single family subdivision is located to the east, with undeveloped MF-6 zoned property to the southeast. The City’s Future Land Use Plan designates this property as Single Family. A Land Use Plan Amendment from Single Family to Neighborhood Commercial is a separate application (Item 5.) on this agenda. Staff is supportive of the requested rezoning to C-1 and the Land Use Plan Amendment to Neighborhood Commercial. Staff views the C-1 zoning request as reasonable, given the fact that the property immediately west across Vimy Ridge Road is designated as Neighborhood Commercial on the Future Land Use Plan, wrapping around the commercial designation at the northwest corner of Vimy Ridge Road and County Line Road. Staff feels that with more single family subdivisions being developed in this general area, including into Saline County, additional C-1 Neighborhood Commercial zoning in this area is appropriate. Staff believes the proposed rezoning to C-1 will have no adverse impact on the adjacent properties or the neighborhood. F. STAFF RECOMMENDATION: Staff recommends approval of the requested C-1 rezoning. PLANNING COMMISSION ACTION: (DECEMBER 6, 2007) Staff informed the Commission that the applicant submitted a letter to staff on November 27, 2007 requesting the application be deferred to the January 17, 2008 Agenda. Staff supported the deferral request. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the January 17, 2008 Agenda. A motion to that effect was made. The motion passed by a vote of 11 ayes and 0 nays. PLANNING COMMISSION ACTION: (JANUARY 17, 2008) The applicant was present. There were no objectors present. Staff presented the item with a recommendation of approval. January 17, 2008 ITEM NO: A.1 (Cont.) FILE NO.: Z-8286 4 The Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval, as recommended by staff. A motion to that effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. January 17, 2008 ITEM NO.: B FILE NO.: LA-0019 NAME: 12 Pinto Point, Appeal of Issuance of Notice of Violation LOCATION: 12 Pinto Point APPLICANT: Luke Ortiz ENGINEER: None AREA: Approx. one-quarter acre CURRENT ZONING: R3 VARIANCES/WAIVERS REQUESTED: An appeal of the issuance of Notice of Violation #203 for obstructing a public drainage easement and causing damage to off-site property. A. PROPOSAL/REQUEST: The applicant is appealing Notice of Violation #203 issued on October 5, 2007 by Public Works staff to Mr. Luke Ortiz, the property owner of 12 Pinto Point, for placing a pipe in a drainage ditch located in a public drainage easement along the north side of his property causing flooding damage to off-site properties. The complaint was received from an adjacent property owner. The applicant stated in a letter dated October 15, 2007 to staff that it is his contention than any damage to adjacent properties was caused by the alteration of the drainage in question (post installation of his drain pipe) and the lack of maintenance in the drainage area above his drainpipe. He further states unnatural debris blocks the drainpipe which causes the pipe to backup and overflow resulting in damage to other properties. He contends the 12 inch diameter pipe was adequate to handle the water flow through the drainage easement at the time the pipe was installed. In closing, the applicant believes the needless alteration of the drainage area and lack of maintenance of the drainage easement is the reason his drainpipe is found to be inadequate and in violation of City code. The applicant believes a violation has not occurred due to his actions and requests Notice of Violation #203 (“NOV”) be dissolved by the Planning Commission per Sec. 29-172(a)(1) of the Land Alteration Regulations. January 17, 2008 ITEM NO.: B (Cont.) FILE NO.: LA-0019 2 B. EXISTING CONDITIONS: This approximate one-quarter acre property is zoned R3 and located in a residential subdivision on Pinto Point just southeast of the Point West Drive and Kanis Road intersection. The subdivision is fully developed and a public drainage easement is located along the north lot line of the subdivision on the north side of Pinto Point. On the east and west sides of the subject property are other residential properties zone R3. North of the subject property is an undeveloped property zoned C3; the office of the Better Business Bureau zoned O3; and another undeveloped property zoned C3. North of those properties is Kanis Road. On the north side of Kanis Road is located the developing Kanis Point development zoned O1. On the south side of the property is Pinto Point with residential properties located on the south side of Pinto Point. The storm water in this area drains under Kanis Road from the north, thru the properties located on the south side of Kanis Road and into the public drainage easement located on the north property line of the subdivision on the north side of Pinto Point before flowing under Pinto Point and continuing to the south. Staff does not know how long the 12 inch pipe has been in place on the applicant’s property. Adjacent residential properties have built fences and filled in the drainage ditch also resulting in additional Notices of Violations being issued. Further enforcement and corrective action will be required to correct the drainage problem in this area. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any phone calls about this matter except the initial phone complaint. Also at time of writing, staff has not received proof of public notice to adjacent property owners by the applicant. D. ENGINEERING COMMENTS: 1. The Little Rock Storm Water Drainage Manual requires all pipes installed in public drainage easements must be 15 inch diameter or larger. This particular pipe is a 12 inch diameter pipe which clogs in storm events. 2. As required by City code, prior to installation of the 12 inch stormwater pipe in a City drainage easement, a stormwater drainage plan is required to be submitted to Public Works for review and approval. In this case, no plan was ever submitted for review. January 17, 2008 ITEM NO.: B (Cont.) FILE NO.: LA-0019 3 3. The existing 12 inch pipe must be removed and the ditch reconstructed to appropriate size or the appropriate sized pipe installed. The pipe should be sized by a certified professional engineer. 4. Contact Melvin Hall at 918-5217 or 590-7465 at completion of corrective action for approval of work. E. SUBDIVISION COMMITTEE: (NOVEMBER 1, 2007) At the subdivision committee, the application was explained by staff. It was explained that a 12 inch diameter pipe was installed by the applicant in the public drainage easement and that other fences and obstructions are also blocking the easement. To resolve the flooding problem addition enforcement and corrective action will be required by staff. F. STAFF ANALYSIS: Staff received a complaint from an adjacent property owner about flooding on adjacent properties and causing damage. Staff visited the site and found several fences installed across the public drainage easement which runs along the northern property line of lots. This particular applicant had also placed a 12 inch diameter pipe in the ditch which is located in the public drainage easement for additional yard space. Staff routinely deals with these types of violation often throughout the City. In this case, the applicant is appealing Notice of Violation #203. He believes no violation has occurred due to his actions. He believes the violation is the result of a poorly maintained ditch by the City and additional storm water drainage from the properties located upstream. He states at the time of the installation, the pipe was properly sized by his landscaper. The Little Rock Storm Water Drainage Manual requires all pipes installed in public drainage easements to be a minimum 15-inch diameter. This size pipe was chosen due to it being less likely to become blocked by floating debris and other objects. The applicant’s pipe is a 12-inch diameter pipe, which is smaller than the drainage manual allows. If you recall the applicant stated in his letter, that the 12-inch diameter pipe often becomes blocked during storm events. The Little Rock City code states that public drainage easements cannot be obstructed. To assure compliance, the code requires a storm water drainage plan be submitted to Public Works for review and approval prior to installation of a pipe or other obstructions or modification to a drainage ditch in a public drainage easement. The applicant or applicant’s representative never submitted a drainage plan to staff to review prior to installation. If a plan had been submitted staff would have determined that a 12 inch diameter pipe was insufficient in size to comply with code and would obstruct storm water flows from properties upstream. January 17, 2008 ITEM NO.: B (Cont.) FILE NO.: LA-0019 4 As staff has stated other property owners adjacent to the applicant have similar violations due to other drainage obstructions. Additional enforcement and corrective action is planned by staff in the near future to relieve the flooding problem in the area. G. STAFF RECOMMENDATION: Staff believes the Notice of Violation #203 should be upheld by the Planning Commission. The 12 inch diameter pipe installed on the applicant’s property in the public drainage easement is smaller than allowed by code and results in the drainage easement being obstructed and not functioning properly causing adjacent properties to be damaged by flooding. Staff believes the existing 12 inch diameter pipe must be removed along with the obstruction caused by the fence. The applicant should either reconstruct the ditch as originally built and move the fence in front of the ditch or install a 24 inch diameter or larger pipe in place of the 12 inch diameter pipe after plans are submitted to staff for review and approval. If the commission denies the applicant’s appeal, staff requests the violations be corrected by January 6, 2008. PLANNING COMMISSION ACTION: (DECEMBER 6, 2007) Staff recommended deferral of the item to the January 17, 2008 agenda. There was no further discussion. The item was placed on the consent agenda and deferred to the January 17, 2008 agenda. The vote was 11 ayes, 0 noes and 0 absent. PLANNING COMMISSION ACTION: (JANUARY 17, 2008) Staff informed the Commission that the applicant submitted a letter to staff on January 15, 2008 requesting the application be withdrawn. Staff supported the withdrawal request. With a vote of 10 ayes, 0 nays and 1 absent the Commission voted to waive their bylaws and accept the request for withdrawal being less than five (5) working days prior to the public hearing. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for withdrawal. A motion to that effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. January 17, 2008 ITEM NO.: C FILE NO.: LA-0020 NAME: 1815 Rahling Road Land Alteration Regulation Variance LOCATION: 1815 Rahling Road APPLICANT: John Rees ENGINEER: Crafton, Tull, Sparks & Assoc. AREA: Approx. 2.1 acres CURRENT ZONING: O3 VARIANCES/WAIVERS REQUESTED: A variance request to exceed the cut, fill, and slope requirements of Sec. 29-190 of the Land Alteration Regulations. A. PROPOSAL/REQUEST: The applicant is requesting to exceed the total maximum vertical height of 30 ft for terraces with multiple retaining walls. The applicant’s terrace retaining walls total approximately 36 ft high from the original ground line elevation. The applicant desires to exceed the maximum height of 15 ft for a single vertical retaining wall. The tallest vertical retaining wall is approximately16 ft. The applicant also desires to exceed the 1:1 slope requirement between terraces meaning the slope will be steeper than the code allows. Furthermore, the applicant desires to landscape the terraces differently than required by code. The applicant believes the different landscaping will help hide the height and extreme slope of the wall and make it more appealing to the public. B. EXISTING CONDITIONS: This approximate 2.1 acre property is zoned O3 and located at 1815 Rahling Road just east of the Champlin and Rahling Road intersection. This current building with the terraces and retaining walls is the 2nd building in this complex. Currently, the first building has yet to receive a full certificate of occupancy due to not complying with the City Landscape codes. The property on the east of the subject property is undeveloped and zoned R2. The property on the south is an apartment complex and currently zoned MF-18. The property to the west is owned by the January 17, 2008 ITEM NO.: C (Cont.) FILE NO.: LA-0020 2 applicant where an office was recently built. To the north of Rahling Road is a church and undeveloped steep property that are both zoned R2. The applicant began construction on the property at 1815 Rahling Road without a grading permit issued by Public Works. The terraces and retaining walls have already been built and are not in compliance with the Land Alteration Regulations. The applicant has filled on the neighbor’s property and it is unknown at the time of writing if permission was given. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any phone calls about this matter. Also at time of writing, staff has not received proof of public notice to adjacent property owners by the applicant. D. PUBLIC WORKS COMMENTS: 1. Provide letter from adjacent property owner on their letterhead approving grading on their property. 2. Per Sec 29-190(1), the maximum height of a vertical terrace is 30 ft. Per Sec. 29-190(a), the depth of fill or excavation shall be measured from the finish grade elevation to the original ground line elevation. The original ground line elevation shows to approximately 294 ft and the finish grade elevation of 330 ft meaning the vertical terrace is 6 ft above the maximum height allowed. 3. Per Sec 29-190(1)(e), terracing width shall be at a ratio of at least 1 ft of horizontal terrace for every 1 ft of vertical height up to a maximum 15 ft if architectural stone is used. In other words, the terraces should be approximately constructed to a 1:1 slope. The existing terraces are constructed much steeper than a 1:1 slope. 4. Per Sec. 29-190(1)(f), if vertical wall is faced with architectural stone, the terrace plantings shall be a minimum of 2 rows of trees 4 ft between the rows, staggered not more than 20 ft on centers. Shrubs and ground cover shall be required in accordance with the Landscape Regulations. The applicant is proposing: Terrace #1) no trees planted at base of wall and instead proposes a vegetation to climb the stone faced wall; Terrace #2) proposes trees to be planted on 10 inch centers and vegetation to climb the stone faced wall; Terrace #3) no trees planted at base of wall and instead proposed holly bushes to be planted; and Terrace #4) proposes holly bushes to be planted near parking lot. January 17, 2008 ITEM NO.: C (Cont.) FILE NO.: LA-0020 3 5. If variance is not approved, the terrace should be reconstructed to meet the Land Alteration Regulations. E. SUBDIVISION COMMITTEE: (NOVEMBER 1, 2007) At the subdivision committee, the application was explained by staff. It was explained that the total maximum height of a vertical terraces and retaining walls cannot exceed 30 ft, the terrace slope cannot be steeper than 1:1, and a single retaining wall cannot exceed 15 ft without variances issued by the Planning Commission. It was further explained that the applicant desires to hide the terrace walls by landscaping that does not comply with the Land Alteration Regulations. F. STAFF ANALYSIS: Staff was not aware of the construction of the terrace retaining walls on this property due to a grading permit had yet to be issued for the work to begin. Upon inspection, it was determined that the construction of the terrace retaining walls was nearly complete and the structure did not comply with the City’s Land Alteration Regulations. The project was told to stop work and submit plans to detail the heights and widths of the terraces. As staff suspected, the terrace retaining walls did not comply with the City’s Land Alteration Regulations. The following violations were found: 1.) The total vertical height of the terrace walls is 36 ft. tall from the original ground line elevation. The code states the total vertical height of the terrace walls cannot exceed 30 ft. tall. 2.) The tallest retaining wall exceeds the maximum height of 15 ft. This retaining wall is 16 ft. tall. 3.) The slope of the terraces is steeper than the maximum 1:1 slope. The code requires for a 5 ft. vertical retaining wall the width of the terrace must also be 5 ft. and for a 15 ft. vertical retaining wall the width of the terrace must also be 15 ft. One of the applicant retaining walls is 16 ft. vertical and the terrace is 10 ft. wide and another retaining wall is 11 ft. vertical and the terrace is 9 ft. wide. 4.) No grading permit has been issued for grading and drainage and construction of the terraces and retaining walls to begin on the property. To make the terraces more appealing to the public at their present heights and slopes, the applicant has proposed a different landscape scheme for the terraces. The code requires terrace plantings to a minimum 2 rows of January 17, 2008 ITEM NO.: C (Cont.) FILE NO.: LA-0020 4 trees 4 ft between the rows, staggered not more than 20 ft. on centers and shrubs and ground cover shall be required in accordance with the landscape regulations. The applicant is proposing the following landscape: Terrace #1. No trees planted at base of wall and proposes vegetation planted to climb the modular wall; Terrace #2. Trees are to planted on 10 foot centers and vegetation planted to climb the modular wall; Terrace #3. No trees planted on base of wall and proposes dwarf holly bushes planted instead; Terrace #4. Proposes holly bushes to be planted on the terrace near the parking lot. In addition all landscaped areas are to be irrigated. This many variances have never been requested on one application since the Land Alteration Regulations were adopted in September, 2000. Usually, only one particular code cannot be met and a variance is then requested. In this case, the applicant is requesting variances from all of the codes pertaining to construction of terraces and retaining walls as found in the Land Alteration Regulations. Besides the terrace and retaining wall violations on this site, the property next door to the west which is also owned by the applicant does not comply with the Landscape Code and has yet to get a full certificate of occupancy. G. STAFF RECOMMENDATION: Staff believes if the variances are not approved by the Planning Commission, the terraces should be reconstructed to meet the Land Alteration Regulations. If the variances are approved, all disturbed area should be temporarily vegetated. PLANNING COMMISSION ACTION: (DECEMBER 6, 2007) Staff informed the Commission that the applicant had requested deferral of the item. There was no further discussion. The item was placed on the consent agenda and deferred to the January 17, 2008 agenda. The vote was 11 ayes, 0 noes and 0 absent. January 17, 2008 ITEM NO.: C (Cont.) FILE NO.: LA-0020 5 PLANNING COMMISSION ACTION: (JANUARY 17, 2008) Staff informed the Commission that on January 9, 2008 the applicant requested the application be deferred to the February 28, 2008 Agenda. Staff supported the deferral request. The chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the February 28, 2008 Agenda. A motion to that effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. January 17, 2008 ITEM NO.: D FILE NO.: MSP07-04 Name: Master Street Plan Amendment University Avenue Design Standard Location: University Avenue from Markham to Cantrell Road Request: Alternate Design Standards Source: Staff On November 13, 2007 it was requested to defer this item to the January 17, 2008 Hearing of the Little Rock Planning Commission. PLANNING COMMISSION ACTION: (DECEMBER 6, 2007) The applicant requested the item be deferred to January 17, 2008. The item was placed on consent agenda for deferral. By a vote of 11 for, 0 against the consent agenda was approved. STAFF UPDATE: The applicant requested that the item be deferred to February 28, 2008 hearing of the Little Rock Planning Commission. PLANNING COMMISSION ACTION: (JANUARY 17, 2008) The item was placed on consent agenda for deferral to April 10, 2008. By a vote of 10 for, 0 against the consent agenda was approved. January 17, 2008 ITEM NO.: E FILE NO.: 310 NAME: Shoemaker Annexation REQUEST: Accept 216 acres plus or minus to the City LOCATION: South of Lawson Road, between Crystal Valley and Duvall, within Sections 20, 29 and 30, Township 1 North, Range 13 West SOURCE: Andrew Francis, PA, representative for Emprise LLC, Property Owner GENERAL INFORMATION: • The County Judge held a hearing and signed the Annexation Order on July 24, 2007. • The area requested for consideration is currently undeveloped. • There is one owner, the Emprise LLC. • The site is contiguous to the City of Little Rock on a portion of two sides. • The annexation request is to obtain sewer service and other City Services. • The area in question is along the south side of Lawson Road between Crystal Valley Road and Duvall. It is continuous to the City along its southwestern boundaries, connecting to an area currently developing as Sienna Lake Subdivision. • Currently the property is zoned Single Family (R-2). • The property owner has indicated they intend to develop this land into some 160 lots for single-family homes. Staff Recommendation: In order to more fully review the issues related to this annexation Staff has requested the item be deferred for six weeks to the October 11, 2007 hearing. PLANNING COMMISSION ACTION: (AUGUST 30, 2007) This item was placed on the consent agenda for deferral to the October 11, 2007 agenda. The consent agenda was passed with a vote of 9 ayes, 0 noes, 1 absent and 1 open position. January 17, 2008 ITEM NO.: E (Cont.) FILE NO.: 310 2 STAFF UPDATE: AGENCY COMMENTS: Public Safety: Fire: The Fire Department has concerns about service to the area. The closest station is almost 4 miles from the area. While this should not affect the ISO rating at this time, unless additional station(s) are constructed in the next decade or so problems could arise. Due to the distance, the Department suggests that all structures be sprinkled should be implemented. Alternatively, the requester could purchase the site for the future station and provide it to the city (site location as designated by the Little Rock Fire Department). Additionally there is only one access. Arkansas state law says that for a development of this size, there should be at least two access points. Therefore the proposed second access point along the southern parameter of this area should be opened prior to the thirtieth residential unit being constructed. (Prior to the final plat approval of the creation of more than 29 lots there should be a second access point made available). The Crystal Fire Protection District has expressed concerns that this annexation could cause with response to fires for both the Little Rock and Crystal Valley Departments. With an area that protrudes in to the county and is surrounded on three sides by un-incorporated areas confusion is possible. In addition, though contiguous, this connection is not by way of street. A person would have to drive great distance outside the city limits to access this site. (NOTE: This is the Fire Department that currently services the area requesting annexation and will continue to service areas both to the east and west of the site.) The closest Fire Station is on Colonel Glenn Road a little over three and three- quarters of a mile to the east of the annexation area. Police: The Little Rock Police Department has indicated there are some concerns. While there should not be immediate impacts beside longer than desirable response times to this area, there are longer-term concerns. The potential link to the Sienna Lake development could be problematic to the police. In addition, the future call loading for this area is an unknown. The closest police patrol would have to drive almost one-mile to get to this area adding additional time to an already large patrol district. January 17, 2008 ITEM NO.: E (Cont.) FILE NO.: 310 3 Infrastructure and Community Facilities: Central Arkansas Transit: No Comment Received. The closest regular bus service is at Colonel Glenn Road and Shackleford Road, approximately two and a third miles away to the east. Parks and Recreation: The Little Rock Parks and Recreation Department indicates there are essentially no services available in this vicinity and that they continue to fall behind with acquisition of property and provision of facilities. The proposed ‘Take it to the Extreme’ Trail (shown in the Little Rock Parks and Recreation Master Plan) would go through or near this annexation area. Some sort of open space recreational area should be included within or near the annexation area. Public Works: The Public Works Department has indicated while there could be issues in the future with waste collections and maintenance of Lawson Road. At this time they do not recommend against the annexation of this land. Lawson Road is shown as an Arterial but is currently a two-lane road with open ditches. Right of way for this widening was included in the approved preliminary plat ‘Ventana Ridge’ for this area. In addition as part of the subdivision process a collector was required through the development. At the time of development the property owner – developer, will make these street improvements. Currently the City would have the additional maintenance of approximately 400 linear feet of Lawson Road. Utilities: Central Arkansas Water: Central Arkansas Water indicates additional water facilities and fire protection shall be required at the developer expense. A Capital Investment Charge based on meter size will also apply to this area. There is an existing 12-inch line in Lawson Road. Entergy: No Comment Received. Reliant-Energy: No Comment Received. Wastewater Utility: The Little Rock Wastewater Utility has indicated there is no sewer service in this area. Sewer Mains will have to be extended at the cost of the developer and sized as required by the Wastewater Utility. Additionally in January 17, 2008 ITEM NO.: E (Cont.) FILE NO.: 310 4 order to service this area a trunk-line may have to be constructed outside the current city limits to service this area requesting annexation. Southwestern Bell: No Comment Received. Schools: Little Rock: No Comment Received. The annexation is not within the Little Rock School District. Pulaski County Special: No Comment Received. The annexation area is with in the Pulaski Special School District and the Lawson Elementary attendance zone. ANALYSIS: This site is within the City of Little Rock Planning Jurisdiction. The site is primarily wooded and undeveloped. A single house has been located on this site. There are two ridgelines that cross the area in a northwest to southeast direction. The result is topographic change of 180 feet from around 360 feet to 500 feet. McHenry Creek flows by the property at Lawson Road. This is the low point of the property. The property is within the City Planning Jurisdiction and was zoned in October 1991 to ‘R-2’ Single Family. This zoning allows for a minimum lot size of 7000 square feet. In October 2006 the Little Rock Planning Commission approved a preliminary plat, Ventana Ridge Subdivision, for over 160 single-family lots ranging in size from a third of an acre to 1.3 acres. Ventana Ridge Subdivision was approved by the Little Rock Planning Commission conditioned on annexation. (Note: Staff noted that the recommendation and approval did not indicate that the City would be supportive of annexation.) The petition for annexation was made and properly filed before the County. The County Judge found that the annexation was proper, however at the hearing concern was raised about confusion this could cause for public safety providers. In addition the single access was noted. While the Judge did find that the concerns might be valid, they were beyond the scope of his review. He encouraged the City to carefully review and address these concerns in its review. The area to the southeast of the annexation request has recently started development. The Sienna Lake Subdivision is the 360 acres annexed in early 2004 as the ‘Dyke Annexation’. Only the initial phase, some 78 lots and 40 acres have been final platted. These lots are approximately a mile to the southeast of January 17, 2008 ITEM NO.: E (Cont.) FILE NO.: 310 5 the annexation area. To the southwest of the annexation area are the Plantation Acres and Chicopee Subdivisions with lots generally two to five acres in size. These subdivisions along with other tracks fill the area to the southwest to Crystal Valley Road. Generally this area is developed with homes and a few businesses. The area along Lawson to the west remains in larger tracts and is wooded. To the east, between the City limits and proposed annexation, the area is developed along Lawson Road with homes and a few businesses, including the Rolling Meadows Subdivision adjacent to the City Limits at Lawson and David O Dodd Roads. Several large undeveloped wooded tracts remain (approximately a quarter of a mile south of Lawson) in this area as well. The only current access to this land is on Lawson Road, approximately nine tenths of a mile from the current City Limits. The land along Lawson Road is within the McHenry Creek floodplain. The creek itself is along the north side of Lawson Road in this location and crosses back to the south just west of the western boundary of the annexation. Flood control may well have an impact on the design of access to any major development of the site as well as the design of the widening of Lawson Road to Arterial standard. The two ridgelines that cross the annexation area have steep slopes. The first ridge rises over the McHenry floodplain some one hundred and fifty feet. Between the two ridges the land falls over one hundred and twenty feet before rising one hundred and thirty feet to the second ridge. The City’s Land Use Plan shows this area for single-family development and the current zoning is ‘R-2’ Single-family. Based on the current zoning and development pattern for non-annexed developed area, without annexation it would be likely to see 50 to 100 home sites on this land. If the annexation is approved the density is likely to be higher with 160 to 200 homes on the same land. With the issues expressed by the Parks Department some provisions for recreational activities should be included on this land. Even with the rugged topography, there should be some opportunities for the provision of recreational space within this acreage. This can be achieved with a Property Owners, private, park or by working with the City Parks and Recreation Department to provide land, which they might develop. In addition the Master Parks Plan shows the proposed ‘Take it to the Extreme’ Trail on or near this site. The owners could work with the Parks Department to develop a segment of the trail along with large ‘active recreational area(s). The public safety concerns raised by both the police and fire departments (including the volunteer department which currently services this area) should be addressed. From a fire protection standpoint, due to the concern about the great January 17, 2008 ITEM NO.: E (Cont.) FILE NO.: 310 6 distance to the closest fire station, the Little Rock Fire Department has recommended any structures be sprinkled. Second, there must be more than one access point in place and useable by the fire department that is servicing this development. Both of these issues are life safety issues and the second access point is a requirement of state law. At a later date in the future, the City’s ISO rating could suffer when the proposed area is 50% developed an no additional fire stations are built within the immediate area to serve the subdivision. Due to the distance from the existing patrol areas, the police feel that as long as the development functions as an isolated area with a single access crime will be low. The concern arises when a second access is provided. The concern here is that the criminals will become more aware of the development at this point and begin to target it. With the police so far it would be hard to respond and control this. The response times are projected to be higher than those for the Otter Creek area. Staff Recommendation: Staff recommends denial of this annexation request. PLANNING COMMISSION ACTION: (OCTOBER 11, 2007) The applicant requested the item be differed. The item was placed on consent agenda for deferral to the December 6, 2007 hearing. By a vote of 7 for, 0 against, 3 absent and one open position the item was deferred to December 6, 2007. STAFF UPDATE: At the request of the applicant, Staff met with the applicants to discuss the issues related to parks (recreation area) and fire protection. The applicants indicated that there would be one or more private parks as part of the development. These would be Property Owner Association (POA) parks and would include some recreation facilities but not athletic fields. They also indicated a willingness to work with the City on trails in and through the development including the possibility that a section to the ‘Take it to the Extreme’ trail could go through their property (with compensation for the owners). The City indicated this would help but there would still be a need for active recreation areas, which included athletic fields. It was agreed that within the ownership of this application, the need could not be met. At the meeting on Fire Department concerns, there was discussion about the maximum number of lots and the second access point. Also pros and cons of January 17, 2008 ITEM NO.: E (Cont.) FILE NO.: 310 7 sprinklering the structure and possible future requirement for this was shared by the Fire Department. The lack of fire stations to serve the western and southwestern areas of the City was discussed and how the ISO reviews this. It was agreed that solely within the ownership of this application the solution to the issue of additional fire facilities was not likely to be addressable. PLANNING COMMISSION ACTION: (DECEMBER 6, 2007) The applicant requested the item be deferred to January 3, 2008. The item was placed on consent agenda for deferral. By a vote of 11 for, 0 against the consent agenda was approved. PLANNING COMMISSION ACTION: (JANUARY 3, 2008) Mr. Tony Bozynski, Planning Director indicated that the applicant was not present and recommended that the item be deferred to the January 17, 2008 hearing. There was some discussion about this being the last deferral and about who requested the item be deferred to this hearing. By a vote of 8 for, 2 against and one absent the item was deferred. PLANNING COMMISSION ACTION: (JANUARY 17, 2008) The item was placed on consent agenda for withdrawal. By a vote of 10 for, 0 against the consent agenda was approved. January 17, 2008 ITEM NO.: 1 FILE NO.: G-23-395 Name: Little Rock National Airport – Right-of-Way Abandonments (East) Location: Portions of Crosby, Ventura, Bedford and East 10th Streets and Alleys Owner/Applicant: Little Rock Municipal Airport Commission/ Garver Engineers Request: To abandon portions of Crosby, Ventura, Bedford and East 10th Street, and alleys located within and adjacent to Blocks 36 and 43, Industrial Park Addition. Purpose: Future airport facilities STAFF NOTE: The Little Rock Municipal Airport Commission is requesting to abandon the below list of rights-of-way to allow future development/expansion of airport facilities: a. Crosby Street – between East 9th and East 10th Streets b. Alley – within Block 36, Industrial Park Addition c. Ventura Street – between East 9th and East 10th Streets d. Alley – located between Lots 1-4 and 17-20, Block 43, Industrial Park Addition. e. North 200 feet of Bedford Street – between Blocks 43 and 44, Industrial Park Addition f. East 10th Street – from the west right-of-way of Crosby Street to the east right-of-way of Ventura Street January 17, 2008 ITEM NO.: 1 (Cont.) FILE NO.: G-23-395 2 Following represents the approximate area of rights-of-way to be abandoned. a. Crosby Street SIZE: 50’ X 495’ SQ. FT. 24,750 ACRES 0.57 b. Alley (Block 36) SIZE: 20’ X 493’ SQ. FT. 9,850 ACRES 0.23 c. Ventura Street SIZE: 50’ X 492’ SQ. FT. 24,600 ACRES 0.56 d. Alley (Block 43) SIZE: 20’ X 199’ SQ. FT. 3,980 ACRES 0.09 e. Bedford Street SIZE: 50’ X 200’ SQ. FT. 10,000 ACRES 0.23 f. East 10th Street SIZE: 50’ X 405’ SQ. FT. 20,250 ACRES 0.46 (Total) 93,440 (Total) 2.14 STAFF REVIEW : A. Public Need for this Right-of-Way: As noted in paragraph G., none of the public utility companies object to the abandonment request. Three (3) of the utilities request all or portions of the areas of abandonment be retained as utility easements. The Public Works Comments are as follows: 1. If utilities exist in abandoned right-of-way and/or alley an easement must be maintained for the utilities. B. Master Street Plan: There are no Master Street Plan issues, as none of the rights-of-way proposed for abandonment are classified as a Collector Street or higher. C. Characteristics of Right-of-Way Terrain: • Crosby Street – 26 feet of pavement with curb and gutter • Ventura Street – 26 feet of pavement with curb and gutter • Bedford Street – 26 feet of pavement with curb and gutter • East 10th Street – 18 feet of pavement with no curb and gutter • Alley rights-of-way - undeveloped D. Development Potential After abandonment, the areas of abandonment will be incorporated into the adjacent properties for future expansion of the Little Rock National Airport facilities. January 17, 2008 ITEM NO.: 1 (Cont.) FILE NO.: G-23-395 3 E. Neighborhood and Land Use Effect Areas south and east of the proposed abandonments are zoned I-2 and part of the Little Rock National Airport facilities. Properties to the north and west contain some single-family residential structures and vacant lots. F. Neighborhood Position The East Little Rock Neighborhood Association was notified of the abandonment request. As of this writing, staff knows of no objectors to the abandonment request. G. Effect on Public Services or Utilities Wastewater: No objection to abandonments. No easements will be required to be retained. Entergy: No objection to abandonment. Request west 15 feet of Bedford Street, east 15 feet of Ventura Street and west 15 feet of Crosby Street be retained as easements. Centerpoint Energy: No comment received. AT&T (SBC): Cannot grant this request unless a dedicated utility easement is granted. Water: In principle, Central Arkansas Water has no objection to closure and abandonment of easement rights in the area described. However; we have water facilities – particularly a 16-inch water main – that must remain as a public main within a 20-foot wide easement or be replaced in a different location acceptable to Central Arkansas Water prior to the existing main being abandoned. Easement must be submitted to Central Arkansas Water prior to the start of construction. Relocation of a portion of this water main is currently under construction in Ventura Avenue under a contract between Central Arkansas Water and Falcon Jet, with FTN Associates, Ltd. as engineers. Other smaller mains in these streets can be abandoned. Any relocation of facilities due to development within these rights-of-way would be at the expense of the Little Rock National Airport or tenants occupying this area. H. Reversionary Rights All of the rights-of-way were dedicated with the Industrial Park Addition in 1924. The Bill of Assurance for this subdivision is handwritten and is not legible. It likely contains no reversionary rights. The areas of January 17, 2008 ITEM NO.: 1 (Cont.) FILE NO.: G-23-395 4 abandonment will revert to the Little Rock National Airport, owner of all abutting properties. I. Public Welfare and Safety Issues Abandoning these areas of street and alley rights-of-way will have no adverse impact on the public welfare and safety. The Little Rock Fire Department has expressed no objection to the abandonment request. SUBDIVISION COMMITTEE COMMENT: (DECEMBER 27, 2007) Brooks Beazley and Earl Mott were present, representing the application. Staff presented the application. Staff noted that the required letters from utility companies were needed. The Public Works requirements were briefly discussed. It was noted that the requested abandonments were in conjunction with future airport expansion. STAFF RECOMMENDATION: Staff recommends approval of the requested right-of-way abandonments, subject to retaining areas of the rights-of-way as utility easements, as noted in paragraph G. of the staff report. PLANNING COMMISSION ACTION: (JANUARY 17, 2008) The applicant was present. There were no objectors present. Staff presented the item with a recommendation of approval. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval, as recommended by staff. A motion to that effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. January 17, 2008 ITEM NO.: 2 FILE NO.: G-23-396 Name: Little Rock National Airport – Right-of-Way Abandonments (West) Location: Portions of Corning, Selma and East 10th Streets and Alleys Owner/Applicant: Little Rock Municipal Airport Commission/ Garver Engineers Request: To abandon portions of Corning, Selma and East 10th Streets, and alleys located within and adjacent to Blocks 6 and 15, Industrial Park Addition. Purpose: Future airport facilities STAFF NOTE: The Little Rock Municipal Airport Commission is requesting to abandon the below list of rights-of-way to allow future development/expansion of airport facilities: a. Corning Street – between East 9th and East 10th Streets b. Alley – within Block 6, Industrial Park Addition c. Selma Street – between East 9th and East 10th Streets d. Alley – within Block 15, Industrial Park Addition. e. East 10th Street – from the west right-of-way of Corning Street to the west right-of-way of Kirspel Street. Following represents the approximate area of rights-of-way to be abandoned. a. Corning Street SIZE: 50’ X 260’ + Avg. 57.5’ X 255’ SQ. FT. 27,663 ACRES 0.63 b. Alley (Block 6) SIZE: 20’ X 516’ SQ. FT. 10,320 ACRES 0.24 c. Selma Street SIZE: 50’ X 513’ SQ. FT. 25,650 ACRES 0.59 d. Alley (Block 15) SIZE: 20’ X 512’ SQ. FT. 10,240 ACRES 0.23 e. East 10th Street SIZE: 50’ X 693’ SQ. FT. 34,650 ACRES 0.80 (Total) 108,523 (Total) 2.49 January 17, 2008 ITEM NO.: 2 (Cont.) FILE NO.: G-23-396 2 STAFF REVIEW : A. Public Need for this Right-of-Way: As noted in paragraph G., none of the public utility companies object to the abandonment request. All of the utilities request all or portions of the areas of abandonment be retained as utility easements. The Public Works Comments are as follows: 1. An easement should be maintained for any utility located in the abandoned right-of-way. B. Master Street Plan: There are no Master Street Plan issues, as none of the rights-of-way proposed for abandonment are classified as a Collector Street or higher. C. Characteristics of Right-of-Way Terrain: 1. Corning Street – 30 feet of pavement with curb and gutter 2. Selma Street – 26 feet of pavement with curb and gutter 3. East 10th Street – 18 feet of pavement with no curb and gutter 4. Alley rights-of-way - undeveloped D. Development Potential After abandonment, the areas of abandonment will be incorporated into the adjacent properties for future expansion of the Little Rock National Airport facilities. E. Neighborhood and Land Use Effect Areas south and west of the proposed abandonments are zoned I-2 and R-3 and are part of the Little Rock National Airport facilities. Property to the north (across East 9th Street) is zoned R-3 and contains multifamily residential structures. Properties to the east contain some residential structures and vacant lots. F. Neighborhood Position The East Little Rock Neighborhood Association was notified of the abandonment request. As of this writing, staff knows of no objectors to the abandonment request. January 17, 2008 ITEM NO.: 2 (Cont.) FILE NO.: G-23-396 3 G. Effect on Public Services or Utilities Wastewater: No objection to abandonments. Corning Street and both alleys must be retained as easements. Entergy: No objection to abandonments. Request north 15 feet of East 10th Street and both alleys be retained as easements. Centerpoint Energy: No objection to abandonments. Retain easements (five (5) feet either side of existing gas facilities) within East 10th, Corning and Selma Streets. AT&T (SBC): No objection to abandonments. Ten (10) foot easements required within Corning Street, East 10th Street and both alleys. Water: Central Arkansas Water has no objection to closure of this street right-of-way. However; we have water facilities – particularly a 16-inch water main – that must remain as a public main within a 20-foot wide easement or be replaced in a different location acceptable to Central Arkansas Water prior to the existing main being abandoned. Easement must be submitted to Central Arkansas Water prior to the start of construction. Any relocation of facilities due to development due to development within these rights-of-way would be at the expense of the Little Rock National Airport or tenants occupying this area. H. Reversionary Rights All of the rights-of-way were dedicated with the Industrial Park Addition in 1924. The Bill of Assurance for this subdivision is handwritten and is not legible. It likely contains no reversionary rights. The areas of abandonment will revert to the Little Rock National Airport, owner of all abutting properties. I. Public Welfare and Safety Issues Abandoning these areas of street and alley rights-of-way will have no adverse impact on the public welfare and safety. The Little Rock Fire Department has expressed no objection to the abandonment request. SUBDIVISION COMMITTEE COMMENT: (DECEMBER 27, 2007) Brooks Beazley and Earl Mott were present, representing the application. Staff presented the application. Staff noted that the required letters from utility companies were needed. The Public Works requirements were briefly January 17, 2008 ITEM NO.: 2 (Cont.) FILE NO.: G-23-396 4 discussed. It was noted that the requested abandonments were in conjunction with future airport expansion. After the discussion, the Committee forwarded the application to the full Commission for resolution. STAFF RECOMMENDATION: Staff recommends approval of the requested right-of-way abandonments, subject to retaining areas of the rights-of-way as utility easements, as noted in paragraph G. of the staff report. PLANNING COMMISSION ACTION: (JANUARY 17, 2008) The applicant was present. There were no objectors present. Staff presented the item with a recommendation of approval. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval, as recommended by staff. A motion to that effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. January 17, 2008 ITEM NO.: 3 FILE NO.: Z-8157-B Owner: Little Rock Municipal Airport Commission Applicant: Garver Engineers Location: South of East 9th Street, north of East 10th Street and east of Crosby Street Area: Approximately 4.8 Acres Request: Rezone from R-2 and R-3 to I-2 Purpose: Future expansion of airport facilities Existing Use: Vacant single family structures and lots SURROUNDING LAND USE AND ZONING North – Single family structures and lots (across East 9th Street); zoned R-2 and R-3 South – Airport property (across East 10th Street); zoned I-2 East – Airport property; zoned I-2 West – Single family structure and lots (across Crosby Street); zoned R-3 A. PUBLIC WORKS COMMENTS: 1. Due to the proposed use of the property, the Master Street Plan specifies that East 9th Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. B. PUBLIC TRANSPORTATION ELEMENT: The site is located on a CATA Bus Route #12 (East 6th Street route). C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the East Little Rock Neighborhood Association were notified of the public hearing. January 17, 2008 ITEM NO: 3 (Cont.) FILE NO.: Z-8157-B 2 D. LAND USE ELEMENT: This request is located in the East Little Rock Planning District. The Land Use Plan shows Single Family with a special designation to allow conversions to industrial in larger (by block) changes for this property. The applicant has applied for a rezoning from R-2 to I-2 Light Industrial. The request does not require a change to the Land Use Plan. Master Street Plan: East 9th Street, East 10th Street and Crosby Street are all shown as Local Streets. 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. Bicycle Plan: There are no bike routes in this immediate vicinity. Neighborhood Action Plan: This area is not covered by a City of Little Rock Neighborhood Plan. E. STAFF ANALYSIS: Little Rock Municipal Airport Commission, owner of the 4.8 acres of property located south of East 9th Street, north of East 10th Street and east of Crosby Street, is requesting to rezone the property from “R-2” and “R-3” Single Family Districts to “I-2” Light Industrial District. The rezoning is proposed to allow future expansion of the Airport facilities, which are located to the south. The rezoning consists of the following properties: a. All of Block 36, Industrial Park Addition b. Lots 1-4 and 17-20, Block 43, Industrial Park Addition The majority of the property proposed for rezoning is comprised of vacant lots. There are several vacant residential structures within Block 36, Industrial Park Addition, between Crosby and Ventura Streets. There are no residential structures within Block 43. January 17, 2008 ITEM NO: 3 (Cont.) FILE NO.: Z-8157-B 3 Single family residential structures and vacant lots are located on the R-2 and R-3 zoned property north of East 9th Street. Airport property is located to the south and east of the proposed rezoning. Single family structures and vacant lots are also located to the west, across Crosby Street. The City’s Future Land Use Plan designates this property as Single Family, with a Special Coverage for Light Industrial. The requested rezoning does not require a change to the Future Land Use Plan based on the fact that the proposed rezoning includes more than an entire platted block of property. Staff is supportive of the requested rezoning. Staff views the request as reasonable. The property is located within a Special Coverage area for Light Industrial and future airport facilities expansion according to the Future Land Use Plan. On September 27, 2007 the Little Rock Planning Commission approved a multiple-building site plan, including parking, for expansion of the Dassault Falcon Jet facilities to the east of the proposed area of rezoning. An application to abandon the rights-of-way within and adjacent to the area of rezoning is also an application on this agenda (G-23-395). Staff believes the proposed rezoning will have no adverse impact on the adjacent properties or general area. F. STAFF RECOMMENDATION: Staff recommends approval of the requested I-2 rezoning. PLANNING COMMISSION ACTION: (JANUARY 17, 2008) The applicant was present. There were no objectors present. Staff presented the item with a recommendation of approval. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval, as recommended by staff. A motion to that effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. January 17, 2008 ITEM NO.: 4 FILE NO.: Z-8157-C Owner: Little Rock Municipal Airport Commission Applicant: Garver Engineers Location: South of East 9th Street, north of East 10th Street, between Corning and Kirspel Streets Area: Approximately 7 Acres Request: Rezone from R-3 to I-2 Purpose: Future expansion of airport facilities Existing Use: Single family structures and vacant lots SURROUNDING LAND USE AND ZONING North – Multifamily structures (across East 9th Street); zoned R-3 South – Airport property (across East 10th Street); zoned I-2 East – Single family structures, non-residential structures (along East 10th Street) and vacant lots; zoned R-3, C-3 and I-2 West – Airport property (across Corning Street); zoned R-3 A. PUBLIC WORKS COMMENTS: 1. Due to the proposed use of the property, the Master Street Plan specifies that East 9th Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 2. Due to the proposed use of the property, the Master Street Plan specifies that Kirspel Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 3. A 20-foot radial dedication of right-of-way is required at the intersection of Kirspel Street and East 9th Street. B. PUBLIC TRANSPORTATION ELEMENT: The site is located on a CATA Bus Route #12 (East 6th Street Route). January 17, 2008 ITEM NO: 4 (Cont.) FILE NO.: Z-8157-C 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 East Little Rock Neighborhood Association were notified of the public hearing. D. LAND USE ELEMENT: This request is located in the East Little Rock Planning District. The Land Use Plan shows Single Family with a special designation to allow conversions to industrial in larger (by block) changes for this property. The applicant has applied for a rezoning from R-3 to I-2 Light Industrial. The request does not require a change to the Land Use Plan. Master Street Plan: East 9th Street, East 10th Street and Corning Street are all shown as Local Streets. 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. Bicycle Plan: There are no bike routes in this immediate vicinity. Neighborhood Action Plan: This area is not covered by a City of Little Rock Neighborhood Plan. E. STAFF ANALYSIS: Little Rock Municipal Airport Commission, owner of the seven (7) acres of property located south of East 9th Street, north of East 10th Street between Corning and Kirspel Streets, is requesting to rezone the property from “R-3” Single Family District to “I-2” Light Industrial District. The rezoning is proposed to allow future expansion of the Airport facilities, which are located to the south. The rezoning consists of the following properties: 1. All of Block 6, Industrial Park Addition 2. All of Block 15, Industrial Park Addition January 17, 2008 ITEM NO: 4 (Cont.) FILE NO.: Z-8157-C 3 There are five (5) residential structures within Block 6, Industrial Park Addition. One (1) of the structures appears to be occupied. There are two (2) vacant residential structures within Block 15. The remaining lots are vacant with several houses being recently removed from the area. Multifamily residential structures are located on the R-3 zoned property to the north, across East 9th Street. Airport property is located to the south, across East 10th Street and west, across Corning Street. Single family structures, non-residential structures (along East 10th Street), and vacant lots are located to the east, across Kirspel Street. The City’s Future Land Use Plan designates this property as Single Family, with a Special Coverage for Light Industrial. The requested rezoning does not require a change to the Future Land Use Plan based on the fact that the proposed rezoning includes more than an entire platted block of property. Staff is supportive of the requested rezoning. Staff views the request as reasonable. The property is located within a Special Coverage area for Light Industrial and future airport facilities expansion according to the Future Land Use Plan. An application to abandon the rights-of-way within and adjacent to the area of rezoning is also an application on this agenda (G-23-396). Staff believes the proposed rezoning will have no adverse impact on the adjacent properties or general area. F. STAFF RECOMMENDATION: Staff recommends approval of the requested I-2 rezoning. PLANNING COMMISSION ACTION: (JANUARY 17, 2008) The applicant was present. There were no objectors present. Staff presented the item with a recommendation of approval. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval, as recommended by staff. A motion to that effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. January 17, 2008 ITEM NO.: 5 FILE NO.: Z-4159-A Owner: William and Ruth Huffstutlar Applicant: Bobby Ferguson Location: North side of Interstate 30, approximately 1,000 feet west of Chicot Road Area: 5.422 Acres Request: Rezone from C-4 to C-3 Purpose: Future commercial development Existing Use: Undeveloped SURROUNDING LAND USE AND ZONING North – Undeveloped property; zoned R-2 South – Mixed commercial and light industrial uses (across I-30); zoned C-3, C-4 and I-2 East – Undeveloped property and mini-warehouse development; zoned C-4 West – Single family residences and light industrial uses (along north side of I-30); zoned R-2 and I-2 A. PUBLIC WORKS COMMENTS: 1. Show the floodplain delineations on the survey. 2. In accordance with Section 31-176, floodway areas must be shown as floodway easements or be dedicated to the public. In addition, a 25-foot wide access easement is required adjacent to the floodway boundary. B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on CATA Bus Route. C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the SWLR United for Progress January 17, 2008 ITEM NO: 5 (Cont.) FILE NO.: Z-4159-A 2 and Town and Country Neighborhood Associations were notified of the public hearing. D. LAND USE ELEMENT: This request is located in the Geyer Springs West Planning District. The Land Use Plan shows Commercial for this property. The applicant has applied for a rezoning C-4 to C-3 General Commercial. The request does not require a change to the Land Use Plan. Master Street Plan: Interstate 30 is shown as a Freeway. Access or turning lanes may be limited or controlled since the location is a frontage road for the freeway. Bicycle Plan: There are no bike routes in the immediate vicinity. Neighborhood Action Plan: This area is covered by the 65th Street West Neighborhood Plan. The Land Use and Zoning Goal states, “Encourage non-residential uses continue to be located along University Avenue and I-30 and not filtrate into the neighborhood.” E. STAFF ANALYSIS: William and Ruth Huffstatlar, owners of the 5.422 acres located along the north side of I-30, approximately 1,000 feet west of Chicot Road, are requesting to rezone the property from “C-4” Open Display District to “C-3” General Commercial District. The rezoning is proposed for future commercial development of the property. On February 21, 1984, the south half of this property was zoned to C-4 by Ordinance 14,599. On July 18, 1989, the north portion of the property was zoned C-4 by Ordinance 15,715. A 50-foot wide strip along the west boundary of the north portion was zoned “OS” Open Space. A portion of the property along the east property line was also zoned OS, as it is designated floodway. The property is currently undeveloped, with two (2) gravel driveways from the I-30 access road. The majority of the property is gravel covered, as it was recently used by the State Highway Department as a concrete batch plant during I-30 construction. Trees are located along the east, west and January 17, 2008 ITEM NO: 5 (Cont.) FILE NO.: Z-4159-A 3 north property lines, with a creek along the east boundary. A billboard is located at the southwest corner of the property. Single-family residences are located to the west, along the majority of the west property boundary. Undeveloped R-2 zoned property is located to the north. Undeveloped C-4 zoned property and a mini-warehouse development are located to the east. A mixture of commercial and light industrial uses and zoning are located to the south, across I-30. The City’s Future Land Use Plan designates this property as Commercial. The requested C-3 zoning does not require a change to the Land Use Plan. Staff is supportive of the requested C-3 rezoning. Staff views the request as reasonable, given the current surrounding uses and future plan designation. Commercial and light industrial uses currently exist to the east and west along both sides of I-30. Staff believes that a future C-3 commercial development at this location will be appropriate and will have no adverse impact on the adjacent properties or the general area. Staff will request to maintain the existing 50-foot wide OS strip along the west property boundary, and extending it southward where adjacent to R-2 zoned property. Staff will also request that any additional floodway on this property, which is not currently OS, be zoned OS. F. STAFF RECOMMENDATION: Staff recommends approval of the requested C-3 rezoning, subject to the following conditions: 1. The west 50 feet of the property, where adjacent to R-2 zoning, be zoned “OS” Open Space. 2. Any portion of the property which falls within the floodway be zoned “OS” Open Space. 3. Provide floodway easement as requested by Public Works. PLANNING COMMISSION ACTION: (JANUARY 17, 2008) The applicant was present. There were no objectors present. Staff presented the item with a recommendation of approval. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval, as recommended by staff. A motion to that effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. January 17, 2008 ITEM NO.: 6 FILE NO.: Z-5097-K Owner: Deltic Timber Corporation Applicant: White-Daters and Associates Location: West side of Chenonceau Blvd., 1,000(+) feet south of Highway 10 Area: 23.12 Acres Request: Rezone from R-2 and MF-12 to MF-12, O-3 and OS Purpose: Future development Existing Use: Undeveloped SURROUNDING LAND USE AND ZONING North – Single family residences on larger lots; zoned R-2 South – Single family residences (across Chenonceau Blvd.,); zoned R-2 East – Undeveloped property (across Chenonceau Blvd.); zoned O-2 and C-3 West – Single family residences; zoned R-2 A. PUBLIC WORKS COMMENTS: No Comments. B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on CATA Bus Route. C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the Aberdeen Court, Maywood Manor, Bayonne Place and Chevaux Court Neighborhood Associations were notified of the public hearing. January 17, 2008 ITEM NO: 6 (Cont.) FILE NO.: Z-5097-K 2 D. LAND USE ELEMENT: This request is located in the Chenal Planning District. The Land Use Plan shows Single Family, Multi Family and Commercial for this property. The applicant has applied for a rezoning from MF-12 to O-3, from R-2 to MF-12, and from R-2 and MF-12 to OS. The request does not require a change to the Land Use Plan since this is just a reconfiguration of the existing plan. Master Street Plan: Chenonceau is shown as 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. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class III bike route is shown on Chenonceau. A Class III bikeway is a signed route on a street shared with traffic. No additional paving or right- of-way is required. Class III bicycle route signage may be required. Neighborhood Action Plan: A City of Little Rock Neighborhood Plan does not cover this area. E. STAFF ANALYSIS: Deltic Timber Corporation, owner of the 23.12 Acres located on the west side of Chenonceau Blvd., 1,000 feet-plus south of Highway 10, is requesting to rezone the property from “R-2” Single Family District and “MF-12” Multifamily District to “MF-12” Multifamily District, “O-3” General Office District and “OS” Open Space District. The rezoning represents a reorganization of zoning lines with an area over 40 acres in size east of the Aberdeen Court neighborhood. Following is a description of the proposed rezoning: 1. MF-12 to O-3 (9.38 Acres) – to enlarge an existing O-3 zoned tract. 2. MF-12 to OS (0.93 Acre) – east side of Chenonceau Park. 3. R-2 to OS (6.08 Acres) – north and west sides of Chenonceau Park and along east boundary of Aberdeen Court Neighborhood. January 17, 2008 ITEM NO: 6 (Cont.) FILE NO.: Z-5097-K 3 4. R-2 to MF-12 (6.37 Acres) – west of existing MF-12 zoned tract. The property is currently undeveloped and mostly wooded, with varying degrees of slope. The Aberdeen Court single family development is located to the west, with the Bayonne neighborhood to the south across Chenonceau Blvd. Single family residences on larger lots are located to the north, with various nonresidential uses and zoning along Highway 10. Undeveloped O-2 and C-3 zoned property is located across Chenonceau Blvd. to the east. The City’s Future Land Use Plan designates the property as Single Family, Multifamily and Office. The requested rezoning does not require an amendment to the Future Land Use Plan based on the fact that it is a reconfiguration of zoning lines within an existing plan area. Staff is supportive of the requested rezoning. Staff views the request as an appropriate revision of zoning lines within an area of existing R-2, MF- 12 and O-3 zoning. The proposed plan will create an OS buffer along the east side of the Aberdeen Court Neighborhood, which currently does not exist. The OS strip is 100 feet wide at its narrowest point, widening to several hundred feet wide along the west side of Chenonceau Park. The proposed rezoning will enlarge the existing O-3 zoning by 9.38 acres and have a net decrease of approximately four (4) acres in the MF-12 zoning. Staff believes the reconfiguration of zoning lines within this area along Chenonceau Blvd. will have no adverse impact on the adjacent properties or the general area. F. STAFF RECOMMENDATION: Staff recommends approval of the requested MF-12, O-3 and OS rezoning. PLANNING COMMISSION ACTION: (JANUARY 17, 2008) Staff informed the Commission that the applicant submitted a letter to staff on January 15, 2008 requesting the application be deferred to the February 28, 2008 Agenda. Staff supported the deferral request. With a vote of 10 ayes, 0 nays and 1 absent the Commission voted to waive their bylaws and accept the request for deferral being less than five (5) working days prior to the public hearing. January 17, 2008 ITEM NO: 6 (Cont.) FILE NO.: Z-5097-K 4 The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the February 28, 2008 Agenda. A motion to that effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. January 17, 2008 ITEM NO.: 7 FILE NO.: LU08-11-01 Name: Land Use Plan Amendment - I-430 Planning District Location: The 1600 block of Aldersgate Road Request: Suburban Office to Office Source: Jennifer Hart PROPOSAL / REQUEST: A Land Use Plan amendment in the I-430 Planning District from Suburban Office to Office. Office represents services provided directly to consumers as well as general offices which support more basic economic activities. The applicant is requesting a rezoning from O-2 and R-2 to O-3 General Office District. EXISTING LAND USE AND ZONING: The property is vacant, currently zoned O-2 and R-2 and is 0.64 acres ± in size. The property immediately east of this area is zoned R-7A for a manufactured home. The property north and adjacent is zoned R-2 for a vacant single family house. Further to the north is a fifty foot strip of land zoned OS Open Space between the R-2 zoned house and the land zoned O-2 Office and Institutional, which is occupied by two office buildings. The land to the west from this application and across Aldersgate Road is zoned Planned Office Development for two office buildings. South of this application is zoned O-2 for a large office building. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: The Land Use Plan shows Suburban Office for this property. The Suburban Office extends north to Kanis, south to 18th Street and west to Shackleford Road. Further east and southeast is shown as Single Family on the plan. Southwest is shown as Park/Open Space. On March 18, 2003, a change was made at this site from Single Family to Suburban Office for future office development. On November 4, 2002, a change was made from Office to Commercial on John Barrow Road north of Kanis about one mile northeast of the study area to reflect existing conditions. January 17, 2008 ITEM NO.: 7 (Cont.) FILE NO.: LU08-11-01 2 On September 4, 2001, a change was made from Park/Open Space to Multi Family at 24th Street and Junior Deputy Road about ¼ mile southeast of the study area to accommodate a new multi family residential development. MASTER STREET PLAN: Aldersgate Road is shown as a Collector. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. This street 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 in the immediate vicinity. PARKS: According to the Master Parks Plan, this location is not within eight blocks of a city park or open space. HISTORIC DISTRICTS: There are no city recognized historic districts that would be affected by this amendment. CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN: This area is covered by the John Barrow Neighborhood Action Plan. The Business and Commercial Goal states: “To enhance the climate directed towards encouraging new businesses and commercial establishments to located in the area as well as retention of existing businesses.” ANALYSIS: This application is currently shown as Suburban Office on the Future Land Use Plan. It was amended from Single Family to Suburban Office in 2003 to allow for some non-residential uses to occur along Aldersgate Road. The Plan had tried to keep he non-residential uses west of Aldersgate Road, but in 2003 the Suburban Office was extended south to 18th Street. The expansion established West 18th as a boundary between the non-residential and residential uses located on the east side of Aldersgate Road. Staff supported a change to Suburban Office because it would allow only allow re-zoning through the Planned Zoning Districts, which would limit the impact of new office development in the area. January 17, 2008 ITEM NO.: 7 (Cont.) FILE NO.: LU08-11-01 3 The current applicant has requested a rezoning from R-2 and O-2 to O-3. Since it is not an application for a Planned Development, a land use plan amendment was required. The applicant has filed for an amendment from Suburban Office to Office to allow for O-3 zoning. This application would place an intense use in the area without the benefit of site plan review or the planned development. This area is adjacent to residential uses on the east side and the only way to protect these residences is through staff review of a Planned Development. This is an area of revitalizing single family development. This amendment is located in the Hicks Interurban Addition. This neighborhood has seen increased building permit activity in the last five years. Fifty-four building permits have been issued for single family homes in the Hicks Interurban Subdivision since 2004. The trend of increasing building permits for single family housing east of Aldersgate Road indicates that this neighborhood is growing and still a viable single family residential area. This amendment would introduce a more intense use that would be incompatible with the current trend of single family residential development in the area. NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood associations: John Barrow, Twin Lakes A and Twin Lakes B. Staff has received no comments from area residents. STAFF RECOMMENDATIONS: Staff recommends this item be withdrawn from consideration at this time. Staff feels that a more thorough study of the Aldersgate corridor needs to be done to determine how the area is really developing and what the appropriate Land Use designations should be in this vicinity. Because this rezoning application is a small office development near residential, Staff can support this current rezoning because it is small in size and thus meets the intent of the Suburban Office category. PLANNING COMMISSION ACTION: (JANUARY 17, 2008) The item was placed on consent agenda for withdrawal. By a vote of 10 for, 0 against the consent agenda was approved. January 17, 2008 ITEM NO.: 7.1 FILE NO.: Z-8300 Owner: APJ, Inc./Johnson-Hatchett Applicant: Jennifer Hart Location: 1615-1623 Aldersgate Road Area: 0.643 Acre Request: Rezone from R-2 and O-2 to O-3 Purpose: Future office development Existing Use: Undeveloped SURROUNDING LAND USE AND ZONING North – Vacant residential structure and office/clinical uses; zoned R-2 and O-3/OS South – Office development; zoned O-2 East – Single family residences (including mobile homes); zoned R-2 and R-7A West – Office development (across Aldersgate Road); zoned POD A. PUBLIC WORKS COMMENTS: 1. Aldersgate Road is classified on the Master Street Plan as a collector street. A dedication of right-of-way 30 feet from centerline will be required. B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on CATA bus route. Bus Route #3 (Baptist Medical Center Route) runs along Kanis Road to the north. C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the John Barrow, Twin Lakes, Twin Lakes B and Twin Lakes B Improvement District Neighborhood Associations were notified of the public hearing. January 17, 2008 ITEM NO: 7.1 (Cont.) FILE NO.: Z-8300 2 D. LAND USE ELEMENT: This request is located in the I-430 Planning District. The Land Use Plan shows Suburban Office for this property. The applicant has applied for a rezoning from O-2 to O-3 General Office District. A Land Use Plan Amendment from Suburban Office to Office is a separate item on this agenda. Master Street Plan: Aldersgate Road is shown as a Collector. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. This street 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 in the immediate vicinity. Neighborhood Action Plan: This area is covered under the John Barrow Neighborhood Action Plan. The Business and Commercial Goal states: “To enhance the climate directed towards encouraging new businesses and commercial establishments to located in the area as well as retention of existing businesses.” E. STAFF ANALYSIS: APJ, Inc./Johnson-Hatchett, owner of the 0.643 acre property (4 lots) located at 1615-1623 Aldersgate Road, is requesting to rezone the property from “R-2” Single Family District and “O-2” Office and Institutional District to “O-3” General Office District. The rezoning is proposed for future development of a small office building and associated parking. The property is currently undeveloped. Some site work has taken place in preparation of new building construction. The property slopes downward slightly from side to side (south to north). Office uses are located to the west across Aldersgate Road, with a new office building immediately south, at the northeast corner of Aldersgate Road and West 18th Street. A vacant residential structure is located immediately north, with additional office uses further north. Single family structures, including three (3) older mobile homes are located to the east. January 17, 2008 ITEM NO: 7.1 (Cont.) FILE NO.: Z-8300 3 The City’s Future Land Use Plan designates this property as Suburban Office. A Land Use Plan Amendment from Suburban Office to Office is a separate item on this agenda. Staff is supportive of the requested rezoning to O-3. Staff views the request as reasonable. Staff is recommending that the Future Land Use Plan remain Suburban Office with the rezoning to O-3. Although Staff would typically not support O-3 zoning within the Suburban Office area, Staff believes it is appropriate in this case. The property in question represents a little over one-half acre, which will allow a small office development. A small office development at this location, adhering to the O-3 development standards, will be compatible with the surrounding office uses to the north, south and west. The property immediately to the east, along the west side of Perry Street, is also shown as Suburban Office on the Future Land Use Plan. Additionally, there is existing O-3 zoning to the north along the east side of Aldersgate Road. Staff believes O-3 zoning at this location will have no adverse impact on the adjacent property or general area. F. STAFF RECOMMENDATION: Staff recommends approval of the requested O-3 rezoning. PLANNING COMMISSION ACTION: (JANUARY 17, 2008) The applicant was present. There were no objectors present. Staff presented the item with a recommendation of approval. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval, as recommended by staff. A motion to that effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. January 17, 2008 ITEM NO.: 8 FILE NO.: LU08-20-01 Name: Land Use Plan Amendment - Pinnacle Planning District Location: The present terminus of Valley Ranch Drive Request: Single Family to Office Source: Mr. Ed Willis, FC Grass Farms Partnership PROPOSAL / REQUEST: A Land Use Plan amendment in the Pinnacle Planning District from Single Family to Office. Office represents services provided directly to consumers as well as general offices that support more basic economic activities. The applicant has applied for a rezoning from R-2 to O-3 General Office District. EXISTING LAND USE AND ZONING: The property is currently zoned R-2 Single Family and is 3.8 acres ± in size. The R-2 Single Family District extends both north and west of this amendment area and is largely undeveloped and wooded. Immediately south of the amendment area is zoned O-3 General Office District and has a medical office and vacant land. East of this area is zoned Planned Development Residential for a multi family development. Further south, along Cantrell, is zoned for six different Planned Commercial Developments for a liquor store, an auto shop, and a few offices. Some of the frontage on Cantrell is still zoned R-2 Single Family and is occupied by single family residences. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: This area is shown as Single Family on the Future Land Use Plan. The Single Family extends north, west and east of this application site. As Valley Ranch Drive heads south, the plan changes from Single Family to Office and then to Business Node along Cantrell. The northwest corner of Patrick Country Road and Cantrell Road is shown as Public Institutional. The northwest corner of Valley Ranch and Cantrell is shown as Suburban Office. Business Node is shown on the plan along Cantrell Road between Valley Ranch Road and Patrick Country Road. January 17, 2008 ITEM NO.: 8 (Cont.) FILE NO.: LU08-20-01 2 MASTER STREET PLAN: Valley Ranch Drive is shown as a Local Street on the Plan. 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. This street may require dedication of right-of- way and may require street improvements for entrances and exits to the site. BICYCLE PLAN: A Class II bikeway is shown along Cantrell Road according to the Master Street Plan bicycle section. A Class II bikeway is located on the street as either a 5’ shoulder or six foot marked bike lane. Additional paving and right of way may be required. PARKS: According to the Master Parks Plan, this area is not located within eight blocks of a city park or open space. HISTORIC DISTRICTS: There are no city recognized historic districts that would be affected by this amendment. CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN: The property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. ANALYSIS: This application is proposing to amend 3.8 acres of Single Family currently shown on the Future Land Use Plan to Office. This amendment would basically extend the existing Office further north approximately 150 feet. The application is located in west Little Rock at the present terminus of Valley Ranch Drive. Over the last few years, Valley Ranch Drive has been developing into an office park. This application can be seen as an extension of the previously approved rezoning for the other O-3 in the area. In the past four years there have been sixteen permits issued for new Office buildings in this census tract. Of these sixteen permits, two were located on January 17, 2008 ITEM NO.: 8 (Cont.) FILE NO.: LU08-20-01 3 Valley Ranch Drive. While there does seem to be a large amount of Office already shown in this area, these numbers show a demand for more Office uses in the census tract and general vicinity. North of this application area will remain Single Family on the Future Land Use Plan, and this raises some concerns for staff. Staff feels this amendment would only be appropriate if the applicant designates a 50’ segment of Park/Open Space to provide a buffer between the Office and Single Family. The land immediately north of this application site is still zoned R-2 single family and shown as Single Family on the Future Land Use Plan. A Park/Open Space strip would protect future Single Family developments while still allowing for more office in the immediate future. NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood associations: Aberdeen Court POA and Maywood Manor. Staff has received no comments from area residents. STAFF RECOMMENDATIONS: Staff believes the change is appropriate as long as a PK/OS strip is added along the southern side of Valley Ranch Road as a boundary and buffer. PLANNING COMMISSION ACTION: (JANUARY 17, 2008) The item was placed on consent agenda for deferral to February 28, 2008. By a vote of 10 for, 0 against the consent agenda was approved. January 17, 2008 ITEM NO.: 8.1 FILE NO.: Z-8301 Owner: FC Grass Farms Partnership Applicant: Ed Willis, Financial Centre Corporation Location: 7101 Valley Ranch Drive Area: 3.88 Acres Request: Rezone from R-2 to O-3 Purpose: Future office development Existing Use: Undeveloped SURROUNDING LAND USE AND ZONING North – Undeveloped property; zoned R-2 South – Undeveloped property; zoned O-3 East – Undeveloped property (across Patrick Country Road); zoned PD-R West – Single family/ranch type use (across Valley Ranch Drive); zoned R-2 A. PUBLIC WORKS COMMENTS: 1. Due to the proposed use of the property, the Master Street Plan specifies that Valley Ranch Drive for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 2. Patrick Country Road is classified on the Master Street Plan as a collector street. A dedication of right-of-way 30 feet from centerline will be required. 3. A 20-foot radial dedication of right-of-way is required at the intersection of Valley Ranch Drive and Patrick Country Road. B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a CATA bus route. January 17, 2008 ITEM NO: 8.1 (Cont.) FILE NO.: Z-8301 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 Aberdeen Court and Maywood Manor Neighborhood Associations were notified of the public hearing. D. LAND USE ELEMENT: This request is located in the Pinnacle Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for a rezoning from R-2 to O-3 General Office District. A Land Use Plan Amendment from Single Family to Office is a separate item on this agenda. Master Street Plan: Valley Ranch Drive is shown as a Local Street on the Plan. 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. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class II bikeway is shown along Cantrell Road according to the Master Street Plan bicycle section. A Class II bikeway is located on the street as either a 5-foot shoulder or six foot marked bike lane. Additional paving and right-of-way may be required. Neighborhood Action Plan: This area is not currently covered by a neighborhood action plan. E. STAFF ANALYSIS: FC Grass Farms Partnership, owner of the 3.88 Acre property located along the south side of Valley Ranch Drive, north of Cantrell Road, is requesting to rezone the property from “R-2” Single Family District to “O-3” General Office District. The rezoning is proposed to incorporate the property into the existing O-3 zoned property immediately to the south for future office development. January 17, 2008 ITEM NO: 8.1 (Cont.) FILE NO.: Z-8301 3 The property is currently undeveloped and wooded, with varying degrees of slope. Valley Ranch Drive currently ends near the southwest corner of the property. In the future Valley Ranch Drive will be extended along this property’s north boundary, and connect into Patrick Country Road. The property to the north and east (across Patrick Country Road) is currently undeveloped and zoned R-2. The property immediately to the south is zoned O-3. Undeveloped R-2 zoned property and a single family/ranch-type use are located to the west, across Valley Ranch Drive. A school development is located further west, with undeveloped O-1 zoned property to the southwest, along the west side of Valley Ranch Drive. The City’s Future Land Use Plan designates this property as Single Family. The applicant has filed a Land Use Plan Amendment for a change to Office which is a separate item on this agenda. Staff is supportive of the requested O-3 zoning. Staff feels that is reasonable to zone this 3.881 acres to O-3 to be incorporated into the existing O-3 zoned property immediately to the south for future office development. However, given the fact that there will be future single family residences located to the north across the future expansion of Valley Ranch Drive, staff believes that a 50-foot wide OS buffer and no vehicular access easement (outside the Valley Ranch Drive right-of-way) will be appropriate along the north boundary of the property. There is an active single family preliminary plat (Ranch Highlands) which shows single family lots across Valley Ranch Drive to the north, fronting the street. The OS zoned buffer/no vehicular access easement should run for approximately 1,050 linear feet, beginning at the northeast corner of the property (Patrick Country Road) and running west to near the southwest corner of the property. Staff believes that this will help screen and buffer the future single family residences from the future office development. With the OS area provided, staff feels that the requested O-3 zoning will have no adverse impact on the general area. F. STAFF RECOMMENDATION: Staff recommends approval of the requested O-3 zoning, subject to a 50 foot wide OS buffer/no vehicular access easement being provided along the north property line, outside the right-of-way for Valley Ranch Drive. The OS strip should run from Patrick Country Road to the west approximately 1,050 linear feet. January 17, 2008 ITEM NO: 8.1 (Cont.) FILE NO.: Z-8301 4 PLANNING COMMISSION ACTION: (JANUARY 17, 2008) Staff informed the Commission that the applicant submitted a letter to staff on January 16, 2008 requesting the application be deferred to the February 28, 2008 Agenda. Staff supported the deferral request. With a vote of 10 ayes, 0 nays and 1 absent the Commission voted to waive their bylaws and accept the request for deferral being less than five (5) working days prior to the public hearing. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the February 28, 2008 Agenda. A motion to that effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. January 17, 2008 ITEM NO.: 9 FILE NO.: Z-8304 Owner: Nealon and Susan Pomtree Applicant: Stephen R. Giles Location: 14824 Crystal Valley Road Area: 31.5 Acres Request: Rezone from R-2 to AF Purpose: Commercial stable Existing Use: Single family residence SURROUNDING LAND USE AND ZONING North – Undeveloped property; zoned R-2 South – Single family residences on large lots (across Crystal Valley Road); zoned R-2 East – Single family development; zoned R-2 West – Single family residences on large lots; zoned R-2 STAFF UPDATE: On December 26, 2007, the applicant requested the application be deferred to the February 28, 2008 agenda. Staff supports the deferral request. PLANNING COMMISSION ACTION: (JANUARY 17, 2008) Staff informed the Commission that on December 26, 2007 the applicant requested the application be deferred to the February 28, 2008 Agenda. Staff supported the deferral request. The chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the February 28, 2008 Agenda. A motion to that effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. January 17, 2008 ITEM NO.: 9.1 FILE NO.: Z-8304-A NAME: Pomtree Commercial Stable – Conditional Use Permit LOCATION: 14824 Crystal Valley Road OWNER/APPLICANT: Nealon Pomtree/Stephen Giles PROPOSAL: A conditional use permit is requested to allow a commercial stable on this 31.5 acre tract. A request to rezone the tract from R-2 Single Family to AF Agriculture and Forestry is a separate item on this agenda. (Z-8304) STAFF REPORT: On December 26, 2007, the applicant requested that this item be deferred to the February 28, 2008 Planning Commission agenda. Staff supports the deferral request. PLANNING COMMISSION ACTION: (JANUARY 17, 2008) The applicant was not present. There were no objectors present. Staff informed the Commission that, on December 26, 2007, the applicant had requested the item be deferred to the February 28, 2008 meeting. There was no further discussion. The item was placed on the consent agenda and deferred to the February 28, 2008 meeting. The vote was 10 ayes, 0 noes and 1 absent. January 17, 2008 ITEM NO.: 10 FILE NO.: Z-6957-H NAME: 5100 Talley Road Office, Showroom/Warehouse – Conditional Use Permit LOCATION: 5100 Talley Road OWNER/APPLICANT: Boen Enterprises/McGetrick and McGetrick PROPOSAL: A conditional use permit is requested to add office, showroom/warehouse as a permitted use to the building planned for construction on this O-3 zoned lot. 1. SITE LOCATION: The site is located on the west side of Talley Road, one lot north of Remington Drive. 2. COMPATIBILITY WITH NEIGHBORHOOD: The site is located in an area that is developing with new commercial, office and light industrial uses. The properties immediately adjacent to the site are undeveloped and zoned O-3 and C-3. Undeveloped R-2 and I-1 tracts are located to the east. The proposal to add office, showroom/warehouse as a permitted use to this proposed O-3 zoned building is compatible with zoning in the area. All owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and the SWLR United for Progress Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: The building is proposed to contain 9,780 square feet. If it were used entirely for general and professional office uses, 24 parking spaces would be required. If portions are occupied by office, showroom/warehouse uses, the parking requirement is reduced. The applicant is proposing 51 on-site parking spaces, taking access to the site from an access easement on the north and a shared parking-access easement on the south. The parking is sufficient for the use. January 17, 2008 ITEM NO.: 10 (Cont.) FILE NO.: Z-6957-H 2 4. SCREENING AND BUFFERS: Site plan must comply with the City’s landscape and buffer ordinance requirements. Two (2) additional islands are needed in the parking areas reflecting fifteen (15) concurrent spaces. An automatic irrigation system to water newly landscaped areas will be required. Otherwise, the site appears to comply with the City’s minimal landscape and buffer ordinance requirements by having the required green space allocated to plantings. Prior to the issuance of a building permit a landscape plan must be submitted and approved. 5. PUBLIC WORKS COMMENTS: 1. No backing out into vehicle access easements. 2. At the time of construction, repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 3. Storm water detention ordinance applies to this property. 4. If a future driveway is planned to take access to the property to the south directly across the access easement from the current site’s south driveway, in accordance with 31-210(h)(12), access driveways running parallel to the street shall not create a four-way intersection within 75 feet of the curb line of the street. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this property. Entergy: No comment received. CenterPoint Energy: Approved as submitted. AT&T (SBC): No comment received. 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. A Capital Investment Charge based on the size of connection(s) will apply to this January 17, 2008 ITEM NO.: 10 (Cont.) FILE NO.: Z-6957-H 3 project in addition to normal charges, if connections are made to the 12-inch main in Talley Road. This fee will apply to all connections including metered connections off the private fire system. 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). Fire Department: Fire hydrants will be required. County Planning: No Comments. CATA: The site is not located on a CATA bus route. Planning Division: No Comments. SUBDIVISION COMMITTEE COMMENT: (DECEMBER 27, 2007) Pat McGetrick was present representing the application. Staff presented the item and noted little additional information was needed on this use issue. Public Works and Landscape Comments were discussed. Staff noted additional interior landscape islands were needed. Staff voiced concern about vehicles backing out into what was labeled a vehicle access easement. Mr. McGetrick responded that the easement was only a shared driveway between this lot and the lot to the south. He was advised to modify the site plan so that it would be clear that the access easement did not serve any additional lots. Mr. McGetrick was also advised that a four-way driveway intersection could not be created within 75 feet of the curb of Talley Road. Mr. McGetrick was advised to respond to staff issues by January 2, 2008. The Committee then forwarded the item to the full Commission. STAFF ANALYSIS: The applicant proposes to construct a 9,780 square foot, one-story building on the O-3 zoned lot located at 5100 Talley Road. Fifty-one (51) parking spaces will be located around the building. The site will have a driveway shared with the lot to the south. Additional access is from an access easement driveway on the north. The applicant is requesting approval of a conditional use permit to allow office, showroom/warehouse as a permitted use for the building. No specific tenants are proposed at this time. Allowing the use will provide additional opportunity for occupancy of the building. January 17, 2008 ITEM NO.: 10 (Cont.) FILE NO.: Z-6957-H 4 Office, showroom and warehouse means a facility for mixed use with the following characteristics: (1) A showroom for display of product line which does not include items for user purchase, except within C-3 general commercial district. (2) A storage or warehouse facility which occupies not more than sixty (60) percent of the gross floor area of the structure(s). (3) The principal office of the business; (4) Sales to contractors or other businesses installing or delivering to consumer and user. The applicant submitted a revised plan in response to Subdivision Committee comments. Building height, setbacks, buffers and landscaping all appear to comply with Ordinance Standards for an O-3 development. The access easement on the south side has been modified to clearly indicate that it is only shared with the lot to the south. Since it is not a service drive providing access to multiple lots; the proposed parking is allowable as shown. There is no bill of assurance as yet for this unplatted lot. To staff’s knowledge, there are no outstanding issues. The proposed use is compatible with uses and zoning in the area. STAFF RECOMMENDATION: Staff recommends approval of the requested C.U.P. to allow office, showroom/warehouse subject to compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. PLANNING COMMISSION ACTION: (JANUARY 17, 2008) The applicant was not present. There were no objectors present. Staff informed the Commission that the applicant had failed to send the required notices and the item needed to be deferred. There was no further discussion. The item was placed on the consent agenda and deferred to the February 28, 2008 meeting. The vote was 10 ayes, 0 noes and 1 absent. January 17, 2008 ITEM NO.: 11 FILE NO.: Z-6957-I NAME: 5200 Talley Road Office, Showroom/Warehouse – Conditional Use Permit LOCATION: 5200 Talley Road OWNER/APPLICANT: Boen Enterprises/McGetrick and McGetrick PROPOSAL: A conditional use permit is requested to allow the addition of office, showroom/warehouse as a permitted use to the building planned for construction on this O-3 zoned lot. 1. SITE LOCATION: The property is located at the southwest corner of Talley Road and Remington Drive. 2. COMPATIBILITY WITH NEIGHBORHOOD: The site is located in an area that is developing with new commercial, office and light industrial uses. The properties immediately adjacent to the tract are zoned O-3. Undeveloped R-2 and I-1 zoned tracts are located to the east. A 35-foot wide Open Space zoned strip is located along the south perimeter of this tract, providing a buffer to the single family located across Talley road to the south. The proposal to add office, showroom/warehouse as a permitted use to this proposed O-3 zoned building is compatible with zoning and uses in the area. All owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and the SWLR United for Progress Neighborhood Associations were notified. 3. ON SITE DRIVES AND PARKING: The building is proposed to contain 14,400 square feet. If it were used entirely for general and professional office uses, 36 parking spaces would be required. If portions are occupied by office, showroom/warehouse uses, the parking requirement is reduced. The applicant is proposing 49 on-site parking spaces, taking access off of Remington Drive and Talley Road. The parking is sufficient for the use. January 17, 2008 ITEM NO.: 11 (Cont.) FILE NO.: Z-6957-I 2 4. SCREENING AND BUFFERS: Site plan must comply with the City’s landscape and buffer ordinance requirements. Additional interior islands are needed in two (2) areas. These islands are to be a minimum of one hundred and fifty (150) square foot in area and seven and one-half (7’6”) foot wide in width to satisfy this minimal landscaping requirement. The zoning street buffer ordinance requires an average seventeen foot (17’) wide landscape strip. Currently, the proposed parking lot encroaches into this minimal area and thus some parking spaces will need to be eliminated to meet this minimal requirement. The thirty-five foot (35’) wide open space buffer needs to be labeled undisturbed. An automatic irrigation system to water newly landscape areas will be required. Otherwise, the site appears to comply with the City’s minimal landscape and buffer ordinance requirements by having the required green space allocated to plantings. Prior to the issuance of a building permit a landscape plan must be submitted and approved. 5. PUBLIC WORKS COMMENTS: 1. At time of construction if sidewalks do not exist, sidewalks with appropriate handicap ramps are required in accordance with Sec. 31-175 of the Little Rock Code and the Master Street Plan. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this property. Entergy: No comment received. CenterPoint Energy: Approved as submitted. AT&T (SBC): No comment received. January 17, 2008 ITEM NO.: 11 (Cont.) FILE NO.: Z-6957-I 3 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. A Capital Investment Charge based on the size of connection(s) will apply to this project in addition to normal charges, if connections are made to the 12-inch main in Talley Road. This fee will apply to all connections including metered connections off the private fire system. 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). Fire Department: Fire hydrants will be required. County Planning: No Comments. CATA: This site is not located on a CATA bus route. Planning Division: No Comments. SUBDIVISION COMMITTEE COMMENT: (DECEMBER 7, 2007) Pat McGetrick was present representing the application. Staff presented the item and noted little additional information was needed. Staff commented that the 35 foot wide Open Space zoned buffer on the south perimeter of the lot needs to remain undisturbed. Public Works and Landscape Comments were discussed. It was noted that additional interior landscape islands were needed and the street perimeter landscape strip was less than Ordinance requirement. Mr. McGetrick stated he would make those corrections. He was advised to submit responses to staff by January 2, 2008. The Committee determined there were no other issues and forwarded the item to the full Commission. STAFF ANALYSIS: The applicant proposes to construct a 14,400 square foot, one-story building on the O-3 zoned lot located at 5200 Talley Road. Forty-nine (49) parking spaces will be located in front of and behind the building. The applicant is requesting approval of a conditional use permit to allow office, showroom/warehouse as a permitted use of the building. No specific tenants are January 17, 2008 ITEM NO.: 11 (Cont.) FILE NO.: Z-6957-I 4 proposed at this time. Allowing the use will provide additional opportunity for occupancy of the building. Office, showroom and warehouse means a facility for mixed use with the following characteristics: (1) A showroom for display of product line which does not include items for user purchase, except within C-3 general commercial district. (2) A storage or warehouse facility which occupies not more than sixty (60) percent of the gross floor area of the structure(s). (3) The principal office of the business; (4) Sales to contractors or other businesses installing or delivering to consumer and user. The applicant submitted a revised site plan in response to Subdivision Committee comments. Building height, setbacks, buffers and landscaping all appear to comply with Ordinance Standards for an O-3 development. The thirty- five (35) foot wide Open Space zoned strip along the south perimeter has been clearly labeled as undisturbed. There is no bill of assurance as yet for this unplatted lot. To staff’s knowledge, there are no outstanding issues. The proposed use is compatible with uses and zoning in the area. STAFF RECOMMENDATION: Staff recommends approval of the requested C.U.P. to allow office, showroom and or warehouse subject to compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. PLANNING COMMISSION ACTION: (JANUARY 17, 2008) The applicant was not present. There were no objectors present. Staff informed the Commission that the applicant had failed to send the required notices and the item needed to be deferred. There was no further discussion. The item was placed on the consent agenda and deferred to the February 28, 2008 meeting. The vote was 10 ayes, 0 noes and 1 absent. January 17, 2008 ITEM NO.: 12 FILE NO.: Z-8298 NAME: Team Clean Car Wash – Conditional Use Permit LOCATION: 4220 South University Avenue OWNER/APPLICANT: Van D’Lay Industries/Brad Vaden PROPOSAL: A conditional use permit is requested to allow for construction of a new, automatic car wash on this C-3 zoned tract. 1. SITE LOCATION: The site is located on the west side of S. University Avenue, south of Colonel Glenn Road (old K-Mart Auto Service Center site). 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located within the Asher Avenue/University Avenue/Colonel Glenn Road commercial node. All surrounding properties are zoned C-3 and contain a variety of commercial uses. The proposal is to redevelop the site with a new car wash facility. The new facility will be landscaped in excess of code requirements. The proposed car wash is compatible with uses in the area and the new development will be an improvement over the existing site development, which should be of benefit to the area. All owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified, the University District representative and the Curran-Conway Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: Access to the site will be via a single entry drive off of an access easement service drive. Egress will be via one of three drives onto service drives. There are no driveways directly onto the public street. Five employee parking spaces are located on site. Parking is also located at the vacuum islands. No additional parking is required. 4. SCREENING AND BUFFERS: Site plan must comply with the City’s landscape and buffer ordinance requirements. The plan appears to meet with the City’s landscape and January 17, 2008 ITEM NO.: 12 (Cont.) FILE NO.: Z-8298 2 buffer requirements. An automatic irrigation system to water newly landscaped areas will be required. 5. PUBLIC WORKS COMMENTS: 1. Move east exit drive on the south side of the property to the east to align with the vacuum area. The current configuration is confusing to drivers. 2. Storm water detention ordinance applies to this property. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer main extension required with easements. Entergy: No comment received. CenterPoint Energy: Approved as submitted. AT&T (SBC): No comment received. 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. A Capital Investment Charge based on the size of meter(s) in addition to normal charges. Additional fire hydrant(s) may 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). Fire Department: Approved as submitted. County Planning: No Comments. CATA: The site is located on a CATA bus route. Planning Division: No Comments. SUBDIVISION COMMITTEE COMMENT: (DECEMBER 27, 2007) The applicants were present. Staff presented the item and asked the applicants to indicate gates and fencing on the site plan. The applicants were advised to indicate any proposed covering for the vacuum islands and to provide a signage plan. January 17, 2008 ITEM NO.: 12 (Cont.) FILE NO.: Z-8298 3 Public Works and Landscape Comments were discussed. The applicants were advised to relocate the eastern drive on the south side of the site more to the east to align with the vacuum area. The applicants responded that they preferred some off-set in the driveway to reduce the possibility of persons utilizing the vacuums without having gone through the car wash. They were advised to meet with the City’s Traffic Engineer. The Committee determined there were no other issues. The applicants were advised to respond to staff issues by January 2, 2008. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: The C-3 zoned lot located at 4220 S. University Avenue is occupied by the vacant, K-Mart Auto Service building and a paved parking lot. The lot is located within a commercial subdivision and is surrounded by access easements/service driveways. The applicants are requesting approval of a conditional use permit to allow for construction of a new car wash facility on the site. The automatic car wash will be located within a 37 feet X 124 feet building. After entering the site at the single entrance on the south side of the lot, customers pay out the pay station (touch screen terminal accepting cash or credit cards). Customers remain in the vehicle as it is pulled through the car wash on a conveyor belt. All washing, waxing, etc…is completed by the equipment in the car wash. The company’s employees do not touch the car, however there are at least two employees on the site at all times. Once the vehicles exits the car wash tunnel, customers have the option of vacuuming their vehicle at one of twenty (ten, two-sided), canopy covered vacuum islands. Customers must do the vacuuming themselves, but there is no additional cost. Hours of operation are 8:00 a.m. to 8:00 p.m., Monday through Saturday during daylight savings time and 8:00 a.m. to 7:00 p.m., Monday through Saturday the remainder of the year. When the car wash is closed, the tunnel will be locked with garage doors on both ends and there will be gates and chains at the driveways to prevent entry onto the lot. The one-story car wash building will have an exterior finish of brick and block with an 8/12 pitched, colored metal roof. The east façade facing University Avenue will have windows for much of its length of the structure. Canopies will be erected over the vacuum islands and over the pay station. Signage will consist of a single ground-mounted sign to comply with the ordinance standards for commercial districts (36-foot tall, 160 square feet in area) and a six foot diameter wall sign on each façade of the building. A variance is necessary to allow wall signs on the north, west and south facades since those do not face directly to a street. Those facades do, however, face the service and access January 17, 2008 ITEM NO.: 12 (Cont.) FILE NO.: Z-8298 4 drives of the commercial subdivision and the area of signage is much less than that typically allowed in commercial zones. Staff is supportive of the requested Conditional Use Permit. The property has been used for automobile service related uses for many years. The site as it currently exists has virtually no landscaping. It is covered with either building or pavement. The applicants have submitted a plan with substantial areas of landscaping. Staff views the proposed redevelopment of the site as a positive occurrence for the area. The site lies within the University Study Area, which has a goal of redevelopment of the larger area around the University-Asher-Colonel Glenn intersection. The applicant did submit a revised plan in response to issues raised at Subdivision Committee. The eastern driveway on the south perimeter has been moved eastward to eliminate potential turning conflicts. There is no bill of assurance conflict. To staff’s knowledge, there are no outstanding issues. STAFF RECOMMENDATION: Staff recommends approval of the requested Conditional Use Permit 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. Any site lighting is to be shielded downward and into the site. Staff recommends approval of the requested variance to allow the proposed wall signs on the north, south and west facades of the tunnel building. PLANNING COMMISSION ACTION: (JANUARY 17, 2008) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval, subject to compliance with the conditions outlines in the “staff recommendation” above. Staff also recommended approval of a variance to allow wall signs on the north, south and west facades of the tunnel building. There was no further discussion. The item was placed on the consent agenda and approved, as recommended by staff. The vote was 10 ayes, 0 noes and 1 absent. January 17, 2008 ITEM NO.: 13 FILE NO.: Z-8299 NAME: Taylor Accessory Dwelling – Conditional Use Permit LOCATION: 15706 Taylor Loop Road OWNER/APPLICANT: Steve Taylor/Rick Breshears PROPOSAL: A conditional use permit is requested to allow for construction of an accessory dwelling (pool/guest house) on this R-2 zoned tract. 1. SITE LOCATION: The property is located on the north side of Taylor Loop Road, east of Carter Lane. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an area that is principally single family in zoning and use. All surrounding properties are occupied by single-family residences. The homes in the area range in a variety of sizes and ages. A Montessori School is located across Taylor Loop Road to the south. The applicant’s property contains 1.25 Acres and the proposed accessory dwelling (pool/guest house) is to be located behind the house. Allowing the proposed use should have no impact on surrounding properties. All owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and the Westchester-Heatherbrae Neighborhood Associations were notified of the request. 3. ON SITE DRIVES AND PARKING: The single-family residence and proposed accessory dwelling each require one on-site parking space. There is parking space on the site, utilizing existing driveways, for multiple vehicles. 4. SCREENING AND BUFFERS: No Comments. 5. PUBLIC WORKS COMMENTS: No Comments. January 17, 2008 ITEM NO.: 13 (Cont.) FILE NO.: Z-8299 2 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this property. Entergy: No comment received. CenterPoint Energy: Approved as submitted. AT&T (SBC): No comment received. Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Fire Department: Approved as submitted. County Planning: No Comments. CATA: The site is not located on a CATA bus route. Planning Division: No Comments. SUBDIVISION COMMITTEE COMMENT: (DECEMBER 27, 2007) The applicant was present. Staff presented the item and noted little additional information was needed. Staff asked the applicant to provide information on building design and whether separate utilities were requested. The applicant responded that the accessory structure would be one-story in height with a brick- exterior to match the house. He stated the structure would have a 7/12 pitch, shingled roof and separate utilities were not requested. The Committee determined there were no other issues and forwarded the item to the full Commission. STAFF ANALYSIS: The R-2 zoned, 1.25 acre tract located at 15706 Taylor Loop Road is occupied by a single family residence. The house is located 350+ feet off of the road. The applicants are requesting approval of a conditional use permit to allow for construction of an accessory dwelling behind the house. The proposed accessory dwelling will serve as a pool house and as a guest house when friends and family come to visit. It will not be rented out as a separate dwelling. The structure will be one-story in height and will be built of January 17, 2008 ITEM NO.: 13 (Cont.) FILE NO.: Z-8299 3 brick to closely match the existing house. It will have a 7/12 pitched roof with architectural shingles. No separate utilities are requested. The accessory building will contain a total of 810 square feet. 660 square feet will be occupied by the accessory dwelling and 150 square feet will be used for storage. A 6-foot deep porch will be placed on the front of the structure. The structure will contain one bath, one bedroom and a combined living-kitchen area. Placement of the structure exceeds all required setbacks. The area of the structure is well below that of the residence. Staff is supportive of the requested Conditional Use Permit. The property is large enough to accommodate the proposed pool house/guest house without impacting any adjacent properties. The structure will serve as a changing room and entertainment area in association with the pool and as a guest house for visiting friends and family. There is no bill of assurance covering this acreage tract. To staff’s knowledge, there are no outstanding issues. STAFF RECOMMENDATION: Staff recommends approval of the requested Conditional Use Permit to allow the accessory dwelling subject to the dwelling not being rented out as a separate dwelling (as proposed by the applicant). PLANNING COMMISSION ACTION: (JANUARY 17, 2008) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval, subject to compliance with the 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 10 ayes, 0 noes and 1 absent. January 17, 2008 ITEM NO.: 14 FILE NO.: Z-8302 NAME: Unity Missionary Baptist Church – Conditional Use Permit LOCATION: 2720 Marshall Street and 1619 West 28th Street OWNER/APPLICANT: Unity Missionary Baptist Church/Detrick Foster PROPOSAL: A conditional use permit is requested to allow for construction of a new church building and parking lot on these R-4 zoned lots. 1. SITE LOCATION: The properties are located at the northwest and southeast corners of the intersection of Marshall Street and West 28th Street. 2. COMPATIBILITY WITH NEIGHBORHOOD: The church has been at this site for some time. The surrounding neighborhood is principally single family and two-family residential in zoning and use. The homes range in condition from very poor and boarded to well kept. Other uses in the general area include other neighborhood churches and a Little Rock Housing Authority development. The church now has no real on site parking. Allowing the construction of the new church building, with the addition of some needed off street parking, should only enhance the church’s compatibility 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 MLK and South End Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: The church currently has no real on-site parking. The proposed new building will have a seating capacity in the main worship area of 120, requiring 30 on-site parking spaces. Under the current proposal, 17 parking spaces will provided on site and in a new parking lot across the intersection from the church building. Many of the church’s congregants are neighborhood residents and some likely walk to the facility. There is ample on-street parking available around the church property. January 17, 2008 ITEM NO.: 14 (Cont.) FILE NO.: Z-8302 2 4. SCREENING AND BUFFERS: Site plan must comply with the City’s landscape and buffer ordinance requirements. Zero building landscaping is being proposed. This landscaping is to be located between the building and the parking lot(s) areas. A variance from this minimal city requirement must be obtained from the City Beautiful Commission prior to the issuance of a building permit. The zoning buffer ordinance requires a minimal six foot nine inch wide (6’-9”) land use buffer between all the areas located next to residentially zoned properties. Seventy percent (70%) of this buffer is to remain completely undisturbed. This includes the clearing or grubbing of any/all underbrush. Currently, this project isn’t meeting this minimal amount anywhere on the project. The zoning buffer ordinance requires a minimal six foot nine inch wide (6’-9”) wide street buffer. Currently, neither site is meeting this minimal city requirement. The landscape ordinance requires a six foot nine inch wide (6’-9”) landscape strip around both sites entirety. A variance from this minimal requirement must be obtained from the City Beautiful Commission prior to the issuance of a building permit. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the areas located next to residentially zoned properties. Credit towards fulfilling this requirement can be given for existing trees and undergrowth that satisfies this year-around requirement. Street trees are recommended. The City Beautiful Commission recommends preserving as many existing trees as feasible. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. 5. PUBLIC WORKS COMMENTS: 1. A 20 foot radial dedication of right-of-way is required at the SE corner of the intersection of 28th and Marshall Streets. January 17, 2008 ITEM NO.: 14 (Cont.) FILE NO.: Z-8302 3 2. A 20 foot radial dedication of right-of-way is required at the NW corner of the intersection of 28th and Marshall Streets. 3. At the time of construction, sidewalks with appropriate handicap ramps are required at both sites in accordance with Sec. 31-175 of the Little Rock Code and the Master Street Plan. Sidewalk should extend to the property line. The sidewalk does not extend to the property line on the SW corner of the proposed church building. 4. At the time of construction, close old curb cuts with curb and gutter. 5. At the time of construction, pave alley to a width of 20 ft for the length of the property. 6. At the time of construction, repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 7. At the time of construction, plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this property. Entergy: No comment received. Centerpoint Energy: Approved as submitted. AT&T (SBC): No comment received. 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. Fire Department: Approved as submitted. County Planning: No comments. CATA: The site is not located on a CATA bus route. A route extends along Martin Luther King on the east and Battery on the west. SUBDIVISION COMMITTEE COMMENT: (DECEMBER 27, 2008) The applicants were present. Staff presented the item and noted additional information was needed including building materials, setbacks, signage, fencing January 17, 2008 ITEM NO.: 14 (Cont.) FILE NO.: Z-8302 4 and site lighting. Staff asked the applicant to provide the number of seats in the worship area and typical days and hours of operation. Staff asked if any other uses were proposed such as day care or private school. It was noted that a parking variance would be needed since all required parking was not being provided on-site. Public Works and Landscape Comments were discussed. It was noted that City Beautiful Commission approval would be needed for the reduced perimeter landscape strips. The Committee noted the project was an in-fill development and it would be appropriate to support some variances from the typical ordinance standards. The applicants were advised to respond to staff issues by January 2, 2008. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: Unity Missionary Baptist Church is located on the R-4 zoned property at 1619 West 28th Street. The church occupies two lots at the southeast corner of West 28th and Marshall Streets. The small church building occupies the east half of the property. A residential structure previously occupied the west half. The church itself appears to be a residential structure that was converted into a church some years ago. The church is requesting approval of a conditional use permit to allow for construction of a new church building and parking on the site. A smaller parking lot is also proposed across the intersection on a lot at the northwest corner of 28th and Marshall. The proposed building will be a pre-engineered metal building with metal siding and roof system and will include some masonry or applied veneer. The roof system will have a single ridge pitched roof. The maximum height of the side walls will be 12’0” and maximum ridge height of 18 feet to 20 feet. The foundation will be concrete on grade. The building has been located on the site to comply with zoning setback requirements. The required zoning buffer and perimeter and building landscape strips are provided for the building site. Nine parking spaces will be located east and south of the building, taking access off of an improved alley. The lot at the northwest corner of the intersection is in reality only a portion of a lot. The property was developed many years ago so that only a 50 feet x 100 feet portion of the lot remains. The church proposes to build an 8-space parking lot on the site. A one-way entrance will be located on Marshall and a one-way exit will be located on 28th Street. The Landscape and Buffer Ordinances require perimeter strips of 6.75 feet. Landscape strips of 3 to 4 feet are proposed. A 6-foot tall wood privacy fence is proposed on the north and west perimeters of January 17, 2008 ITEM NO.: 14 (Cont.) FILE NO.: Z-8302 5 the parking lot. The applicant is aware that City Beautiful Commission approval is needed for the reduced landscape areas. Staff is supportive of allowing the reduced buffer strips. Some accommodation should be granted when an in-fill redevelopment is proposed in an area that needs new development. Signage is proposed to consist of one ground-mounted sign as permitted in office and institutional zones (6 feet in height and 64 square feet in area) and possible wall signage on the north and west facades of the building. No additional site lighting is proposed except wall-mounted downlighting. No additional uses such as day care, mother’s day out or private school are proposed. Typical days and hours of activities are proposed as Sunday mornings and evenings, Wednesday 6:00 p.m. to 8:00 p.m. and Saturday 4:00 p.m. to 5:00 p.m. Special activities will likely occur on other days and hours. Staff is supportive of the proposed redevelopment. This small (5,100 square feet, 120 seat) church is compatible with uses in the area and should continue to be a stabilizing influence on the neighborhood. The applicant submitted responses to Subdivision Committee comments as reflected above. The 1890 Bill of Assurance for this addition does not address use issues. STAFF RECOMMENDATION: Staff recommends approval of the requested Conditional Use Permit 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. Any site lighting is to be shielded downward and into the site. Staff recommends approval of the requested variances to allow a reduction in on-site parking and to allow the reduced buffer strips for the parking lot at the northwest corner of 28th and Marshall Streets. The reduced landscape areas will require City Beautiful Commission approval as well. PLANNING COMMISSION ACTION: (JANUARY 17, 2008) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval, subject to compliance with the conditions outlined in the “staff recommendation” above. Staff also recommended approval of the parking and buffer variances. 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, 1 absent and 1 recusal (Laha). January 17, 2008 ITEM NO.: 15 FILE NO.: Z-8303 NAME: Kingdom Hall of Jehovah’s Witnesses – Conditional Use Permit LOCATION: 9812 Colonel Glenn Road OWNER/APPLICANT: Toll Corp./Mike Oyler PROPOSAL: A conditional use permit is requested to allow for construction of a new church and parking lot on this vacant R-2 zoned property. 1. SITE LOCATION: The site is located on the north side of Colonel Glenn Road, at Brodie Creek. 2. COMPATIBILITY WITH NEIGHBORHOOD: The site is located in an area of transition between the single family West Heights Place Community and the industrial and commercial development extending west to I-430. A scattering of single family homes is located adjacent to the east. Undeveloped I-2 and R-2 properties are adjacent to the west and north respectively. A PDC zoned contractor’s office is across Colonel Glenn to the south. The creek floodway forms the west boundary. The proposed use is compatible with uses and development in the area and provides a good transition between the residential and nonresidential uses. All owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and the John Barrow, West Heights Place and Tall Timber Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: The main worship area is proposed to have a seating capacity of 165 persons, requiring 41 on-site parking spaces. The applicants have proposed an 88 space parking lot with a single driveway off of Colonel Glenn Road. The exact point the driveway intersects the street will be determined once an engineer has certified sight distance. January 17, 2008 ITEM NO.: 15 (Cont.) FILE NO.: Z-8303 2 4. SCREENING AND BUFFERS: Site plan must comply with the City’s landscape and buffer ordinance requirements. A small amount of building landscaping is required. The landscape ordinance requires that eight percent (8%) of the interior of the parking lot be allocated for green space or interior islands. These islands are to be a minimum of one hundred and fifty (150) square foot in area and seven and one-half (7’6”) foot wide in width to satisfy this minimal landscaping requirement. Currently, the site plan reflects zero. An automatic irrigation system to water newly landscaped areas will be required. Prior to the issuance of a building permit, a landscape plan with the seal of a Registered Landscape Architect must be submitted for approval. The City Beautiful Commission recommends preserving as many existing trees as feasible on this tree-covered 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. Colonel Glenn Rd is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to 55 feet from centerline will be required. 2. At the time of site development, provide design of street conforming to the Master Street Plan. Construct one-half street improvement to these streets including 5-foot sidewalks with planned development. 3. At the time of construction, obtain permits for improvements within State Highway right-of-way from AHTD, District VI. 4. At the time of construction, a grading permit in accordance with section 29-186 (c) & (d) will be required prior to any land clearing or grading activities at the site. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. 5. At the time of construction provide a Sketch Grading and Drainage Plan as required per Sec. 29-186(e). 6. At time of construction, storm water detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. January 17, 2008 ITEM NO.: 15 (Cont.) FILE NO.: Z-8303 3 7. At the time of construction, street lights are required by Section 31-403 of the LR code. Provide plans for approval to Traffic Engineering. Street lights must be installed prior to platting/certificate of occupancy. Contact Traffic Engineer 379-1813 (Steve Philpott) for more information. 8. A special Grading Permit for Flood Hazard Areas will be required per Sec. 8-283 prior to construction. 9. In accordance with Section 31-176, floodway areas must be shown as floodway easements or be dedicated to the public. In addition, a 25 foot wide access easement is required adjacent to the floodway boundary. 10. Show the 100 year floodplain and floodway delineations on the site plan. 11. At the time of construction, provide 100% bridge or box culvert construction on arterial streets for the initial 15 ft of span length. The applicant will be responsible to one half of initial 15 ft of span length. Usually, an in lieu payment is received for bridge improvements. 12. Provide a letter prepared by a registered engineer certifying the sight distance at the intersections comply with 2004 AASHTO Green Book standards. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer main extension required with easements to serve property shown. Entergy: No comment received. Centerpoint Energy: Approved as submitted. AT&T (SBC): No comment received. 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. Capital Investment Charge based on the size of meter(s) in addition to normal charges. Additional fire hydrant(s) may 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). 20-inch main appears to be on the south side of Colonel Glenn Rd in this area. Fire Department: Fire hydrants will be required. January 17, 2008 ITEM NO.: 15 (Cont.) FILE NO.: Z-8303 4 County Planning: No comments. CATA: The site is located on a CATA bus route. Planning Division: No comments. SUBDIVISION COMMITTEE COMMENT: (DECEMBER 27, 2007) The applicants were present. Staff presented the item and noted additional information was needed including building design, seating capacity, signage, site lighting, fencing and typical days and hours of operation. Staff asked if there would be any other uses such as day care or private school. The applicant was asked to locate any proposed dumpster. Public Works and Landscape Comments were discussed. The greater part of the discussion centered on the required half-street and bridge improvements. Various options were discussed including deferral of the improvements, subdividing the property, providing an in-lieu payment or requesting a hardship 15% payment. The applicants were advised to meet with Public Works staff for further discussion of the issue. The Committee instructed the applicants to respond to staff issues by January 2, 2008. The item was forwarded to the full Commission. STAFF ANALYSIS: A Kingdom Hall of Jehovah’s Witnesses is proposed to be constructed on a portion of the undeveloped, 8.32± acre tract located at 9812 Colonel Glenn Road. The church proposes to develop the eastern 3± acres of the tract. The property will likely be subdivided and the western 5± acre portion sold. The development will consist of a one-story, 4,136 square foot building and an 88-space parking lot. The building will have a brick veneer and a 5/12 pitched roof with architectural shingles. A covered drop-off area will extend out from the back of the building over the driveway within the parking lot. A single driveway will provide access from Colonel Glenn Road. The exact location of the driveway’s intersection with Colonel Glenn Road will be determined once an engineer certifies sight distance. The typical hours of activity are Sunday 9:00 a.m. to 3:00 p.m., Monday through Thursday 7:00 p.m. to 9:00 p.m. and Saturday 9:00 a.m. to 10:00 a.m. There are no other proposed uses such as day care, private school or mother’s day out. Site lighting will consist of lights on the gable ends of the building and 2 to 3 January 17, 2008 ITEM NO.: 15 (Cont.) FILE NO.: Z-8303 5 parking lot lights. There will be no dumpster. Signage will consist of a wall sign and a 6-foot tall by 12-foot wide brick monument ground sign structure with a smaller sign panel mounted on the faces. The church has requested the ability to provide an in-lieu contribution toward the required street improvements. Staff is supportive of that request. There is no bill of assurance for this acreage tract. The current site plan does not allow for required interior landscape islands in the parking lot. That is easily remedied at the time of building permit submittal. The church has proposed parking in excess of ordinance requirements and the loss of some spaces for landscaping will not affect the required parking. A plat to subdivide the property will be submitted prior to church being developed. To staff’s knowledge, there are no other issues. The proposed use is compatible with uses in the area. STAFF RECOMMENDATION: Staff recommends approval of the requested Conditional Use Permit 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. Any site lighting is to be shielded downward and into the site. 3. Any future dumpster or trash enclosure area is to be screened. Staff recommends approval of the requested in-lieu contribution for required street improvements. PLANNING COMMISSION ACTION: (JANUARY 17, 2008) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval, subject to compliance with the conditions outlined in the “staff recommendation” above. Staff also recommended approval of the requested in-lieu contribution for required street improvements. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff. The vote was 10 ayes, 0 noes and 1 absent. January 17, 2008 ITEM NO.: 16 FILE NO.: G-25-198 Name: Champlin Drive Name Change to Kirk Road Location: Champlin Drive, south of Rahling Road Petitioner: Whisenhunt Investments Request: To change the name of Champlin Drive to Kirk Road STAFF REPORT: On December 28, 2007, the applicant requested that this item be deferred to the February 28, 2008 Planning Commission agenda. Staff supports the deferral request. PLANNING COMMISSION ACTION: (JANUARY 17, 2008) The applicant was not present. There were no objectors present. Staff informed the Commission that, on December 28, 2007, the applicant had requested the item be deferred to the February 28, 2008 meeting. There was no further discussion. The item was placed on the consent agenda and deferred to the February 28, 2008 meeting. The vote was 10 ayes, 0 noes and 1 absent.