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pc_07 10 2008 LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING MINUTE RECORD JULY 10, 2008 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present being eight (8) in number. II. Members Present: Pam Adcock Troy Laha Jerry Meyer Lucas Hargraves Jeff Yates J. T. Ferstl Obray Nunnley, Jr. Valerie Pruitt Members Absent: Chauncey Taylor Darrin Williams Bill Rector City Attorney: Debra Weldon III. Approval of the Minutes of the May 22, 2008 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING JULY 10, 2008 4:00 P.M. I. OLD BUSINESS: Item Number: File Number: Title A. Z-8319 Ultimate Detail Truck Rental and Car Wash – Conditional Use Permit 7101 Colonel Glenn Road B. MSP07-04 University Avenue Design Standard Modifications C. Z-8246-A Rezoning from I-1 to C-3 9601 Interstate 30 D. LU08-10-01 A Land Use Plan Amendment in the Boyle Park Planning District located at the northeast corner of John Barrow Road and 40th Street from Single Family to Neighborhood Commercial. D.1. Z-8351 Pickett Short-form PCD, located on the Northeast corner of West 40th Street and John Barrow Road. II. NEW BUSINESS: Item Number: File Number: Title 1. Z-8362 Robinson Day Care Family Home – Special Use Permit 1102 West 21st Street 2. G-23-400 Conner Street, East 10th Street and Alley Right-of-Way Abandonment Block 35, Industrial Park Addition 3. LU08-02-01 A Land Use Plan Amendment in the Rodney Parham Planning District from Public Institutional to Office at the Northeast corner of Napa Valley Drive and Rainwood Drive. Agenda, Page Two II. NEW BUSINESS: (CONTINUED) Item Number: File Number: Title 3.1 Z-6149-G Rezoning from R-2 to O-2 Northeast corner of Napa Valley Drive and Rainwood Drive 4. Z-8157-D Rezoning from R-3 and R-4 to I-2 Block 35, Industrial Park Addition (block bounded by Conner, Crosby, East 9th and East 10th Streets) 5. LU08-19-02 A Land Use Plan Amendment in the Chenal Planning District from Single Family and Low Density Residential to Multifamily, Commercial, Office and Single Family and Park/Open Space on the east side of Rahling Road, south of Pebble Beach Drive. 5.1 Z-8165-A Rezoning from R-2 and MF-18 to OS, R-2, MF-6, MF- 12, O-3 and C-3 East side of Rahling Road, south of Pebble Beach Drive 6. Z-8364 Rezoning from O-3 to C-3 10914/10916 Kanis Road 7. Z-2050-B Pleasant Valley Country Club – Revised Conditional Use Permit One Pleasant Valley Drive 8. Z-5700-B Baker Elementary School – Revised Conditional Use Permit 15001 Kanis Road 9. Z-8363 The Anthony School – Conditional Use Permit East of Watt Street, between Ohio Street and Illinois Street 10. Z-8365 Gutierrez Retail Sales – Conditional Use Permit 7415 Geyer Springs Road Agenda, Page Three II. NEW BUSINESS: (CONTINUED) Item Number: File Number: Title 11. G-25-201 Old Shackleford Road Street Name Change to Shackleford Pass Old Shackleford Road north of West 36th Street 12. LA-0021 Glenn Ridge Crossing Land Alteration Variance West side of I-430, south of Colonel Glenn Road July 10, 2008 ITEM NO.: A FILE NO.: Z-8319 NAME: Ultimate Detail Truck Detail and Car Wash – Conditional Use Permit LOCATION: 7101 Colonel Glenn Road OWNER/APPLICANT: Jack Pate/Telly Noel PROPOSAL: A conditional use permit is requested to allow rehabilitation of an existing self-serve car wash and addition of truck rental to the existing detail shop located on this C-3 zoned lot. STAFF UPDATE AND RECOMMENDATION: On March 19, 2008, the applicant requested that this item be deferred to the May 22, 2008 Commission meeting. Staff recommends approval of the deferral request. PLANNING COMMISSION ACTION: (APRIL 10, 2008) The applicant was not present. There was one objector present. Staff informed the Commission that, on March 19, 2008, the applicant had requested that the item be deferred to the May 22, 2008 agenda. There was no further discussion. The item was placed on the consent agenda and approved for deferral to the May 22, 2008 agenda. The vote was 11 ayes, 0 noes and 0 absent. STAFF UPDATE AND RECOMMENDATION: On May 5, 2008, the applicant requested deferral of the item to the July 10, 2008 meeting. Staff recommends approval of the deferral request. PLANNING COMMISSION ACTION: (MAY 22, 2008) The applicant was not present. There was one objector present. Staff informed the Commission that, on May 5, 2008, the applicant had requested that the item be deferred to the July 10, 2008 meeting. There was no further discussion. The item was placed on the consent agenda and approved for deferral to the July 10, 2008 meeting by a vote of 10 ayes, 0 noes and 1 absent. July 10, 2008 ITEM NO.: A (Cont.) FILE NO.: Z-8319 2 STAFF UPDATE AND RECOMMENDATION: The applicant has failed to respond to issues raised at the March 20, 2008 Subdivision Committee meeting. The item has been deferred twice. Staff recommends that the item be withdrawn, without prejudice. PLANNING COMMISSION ACTION: (JULY 10, 2008) The applicant was not present. There were no objectors present. Staff informed the commission that the applicant had failed to respond to issues raised at the March 20, 2008 Subdivision Committee meeting and the item had been deferred twice. Staff recommended withdrawal of the item, without prejudice. There was no further discussion. The item was placed on the consent agenda and withdrawn without prejudice. The vote was 8 ayes, 0 noes and 3 absent. July 10, 2008 ITEM NO.: B 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 PROPOSAL / REQUEST: Master Street Plan Amendment for University Avenue adopting an alternate design standard north of Markham to Cantrell Road. An Alternate Design Standard is shown on the plan when a different design section from the ‘norm’ has been determined to be appropriate. The variation proposed is to reduce the required right-of-way from 110 to 100 feet (note this does not change the requirements for additional right-of-way at intersections). The proposed design section for University Avenue from Markham to Cantrell Road is a 100-foot right-of-way. CURRENT MASTER STREET PLAN: University Avenue is shown as a Principal Arterial on the plan. The design standard is: 110 feet of right-of-way with three travel lanes in both directions and a 14’ median in the center. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Access points (entrances and exits) should be limited to minimize negative effects of traffic and pedestrians on a Principal Arterial. FUTURE LAND USE PLAN: The Land Use Plan shows the intensity of use lessening as one moves to the north from Markham. Along University Avenue from Markham to Lee Avenue the uses are more commercial and retail with Community Shopping and Mixed Use classifications. There is a small amount of Office use near Lee Avenue. The middle segment of University Avenue is predominantly Public Institutional and Office with schools and medical offices. A small amount of Residential use is located in the segment with both Multifamily and Single Family classifications along the western side. The northern segment is totally Single Family on the western side, with Office and Low Density Residential uses along the eastern side. July 10, 2008 ITEM NO.: B (Cont.) FILE NO.: MSP07-04 2 HISTORIC DISTRICTS: There are no historic districts that would be affected by this amendment. CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN: This road is the boundary of three neighborhood Plan areas – the Hillcrest Neighborhood Plan, Heights Neighborhood Action Plan and Midtown Neighborhoods Plan. None of the neighborhood plans address University Avenue’s design or the need for changes to the current design of University Avenue. ANALYSIS: University Avenue is shown as a Principal Arterial with a design standard of 110 feet of right-of-way with three travel lanes in both directions and a 14’ median in the center. The Arterial street system is a network of streets, which have a primary purpose to move vehicles and goods in and through the City. Arterials are generally at a spacing of one-mile, both in a north-south and east-west grid pattern. The Principal Arterials are part of this network. Generally these roads provide service through the area and help connect it to other surrounding areas of the region and state. Generally every three to four miles or every third Arterial is either a Principal Arterial or higher classification (Expressway or Freeway). University Avenue is one of the few north-south roads, which extend through the City of Little Rock. To the east the next road to do this is Broadway and to the west I-430 is the next through north-south roadway. Both of these roadways are more than three miles away from University Avenue. All the remaining north-south Arterials in Little Rock traverse only portions of the City. University Avenue is a major north-south route connecting the east-west routes of Cantrell Road (Highway 10) to I-630, Asher Avenue-Colonel Glenn Road (Highway 300), I-30 and Baseline Road (Highway 338). Each of these roads are Principal Arterials or higher classifications and are state or federal highways. Even University Avenue south of Asher-Colonel Glenn is a state highway. In addition various collectors connect the neighborhoods of Little Rock to University Avenue and other streets of the Arterial Network. The high design standard for Principal Arterials is in part due to the expected high traffic volume since they move vehicles not only within the urban area but also through it. The surrounding use pattern and connectivity to other streets all will have impacts of the traffic demands and thus the need for travel lanes on the street. The design standard for Arterials is general at least four-lanes. July 10, 2008 ITEM NO.: B (Cont.) FILE NO.: MSP07-04 3 The design standard for University Avenue from Markham to Lee Avenue has already been modified to a right-of-way of 100 feet. This was done late 1990 with Ordinance 15,964. In the review of University Avenue north of Markham, traffic counts from 1996 through 2008 were reviewed and MetroPlan rerun the transportation model with the new 2008 counts. From these figures for volumes on the road new 2030 projections were generated. The volumes south of H Street have risen from 17,000 to 18,000 up to 20,000 to 21,000 with projections of volumes in 2030 from 30,000 to 36,000. While north of H Street the volumes have risen from around 14,000 up to 17,000 to 19,000, with projected volumes from 26,000 to 28,000 in 2030. Based on this City Staff believes the long-term 6-lane road must remain in the Master Street Plan. Staff does recognize the constraints of this part of Little Rock. And with a reduction of the area for a median from 14 feet to 4 feet, a right-of-way of 100 feet would be appropriate for the road. This is consistent with the existing situation along University Avenue. NEIGHBORHOOD COMMENTS: All property owners (sixty) abutting the section of road were notified via certified mail of the proposed changes. Notices were sent to the following neighborhood associations: Evergreen, Hillcrest, Normandy-Shannon, and South Normandy. As of this printing, Staff has received eight informational calls/emails or visits from property owners. 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. July 10, 2008 ITEM NO.: B (Cont.) FILE NO.: MSP07-04 4 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. STAFF UPDATE: The applicant requested that the item be deferred to May 22, 2008, hearing of the Little Rock Planning Commission. PLANNING COMMISSION ACTION: (APRIL 10, 2008) At the request of Staff in order to further review the item, it was placed on the consent agenda for deferral to May 22, 2008. By a vote of 11 for and 0 against the consent agenda was approved. STAFF UPDATE: Staff and the Midtown Redevelopment Advisory Board have reviewed traffic information and expect to have an amendment to present at the July 10, 2008 hearing. PLANNING COMMISSION ACTION: (MAY 22, 2008) The item was placed on consent agenda for deferral to July 10, 2008. By a vote of 10 for and 0 against the consent agenda was approved. STAFF RECOMMENDATIONS: Approval of R.O.W. change. PLANNING COMMISSION ACTION: (JULY 10, 2008) The item was placed on consent agenda for approval. By a vote of 8 for and 0 against the consent agenda was approved. July 10, 2008 ITEM NO.: C FILE NO.: Z-8246-A Owner: Joe Albert Applicant: Joe Albert Location: 9601 Interstate 30 Area: 0.47 Acre Request: Rezone from I-1 to C-3 Purpose: Future commercial use Existing Use: Vacant commercial building SURROUNDING LAND USE AND ZONING North – Mixed commercial and light industrial uses (across I-30); zoned C-3, C-4 and I-2 South – Mixed light industrial uses; zoned I-2 East – Motel and night club; zoned R-2, C-3 and I-2 West – Mixed commercial and light industrial uses; zoned C-3 and I-2 A. PUBLIC WORKS COMMENTS: No Comments. 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 West Baseline and SWLR United for Progress 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 July 10, 2008 ITEM NO: C (Cont.) FILE NO.: Z-8246-A 2 applied for a rezoning from I-1 Industrial Park District to C-3 General Commercial. The request does not require a change to the Land Use Plan. Master Street Plan: I-30 is shown as a Freeway on the Master Street Plan and Distribution Drive is shown as a Local Street. These streets may require dedication of right- of-way and may require street improvements. The primary function of a Local Street is to provide access to adjacent properties. Local Streets that 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: Existing or proposed Class I, II or III Bikeways are not in the immediate vicinity of the development. City Recognized Neighborhood Action Plan: The applicant’s property lies in the area covered by the Chicot West I-30 South Neighborhood Action Plan. The Economic Development goal states: “Attract better restaurants” and “Recruit businesses to fill vacant buildings.” E. STAFF ANALYSIS: Joe Albert, owner of the 0.47 acre property at 9601 Interstate 30, is requesting to rezone the property from “C-3” General Commercial District to “I-1” Industrial Park District. The rezoning is proposed to allow future use of the existing commercial building as commercial. On August 30, 2007 the Planning Commission approved a rezoning of this property from C-3 to I-1. On October 2, 2007 the Board of Directors passed Ordinance No. 19,831 approving the rezoning. The property owner has since determined that the property is too small for the operation of his heat and air business. Therefore, he is requesting a rezoning back to the original C-3 zoning for commercial use of the existing building on the site. The 0.47 acre property is occupied by a one-story vacant commercial building within the east half of the property. The building previously housed a restaurant use. There is paved parking on the north, south and July 10, 2008 ITEM NO: C (Cont.) FILE NO.: Z-8246-A 3 west sides of the building. A driveway from the I-30 frontage road serves as access. The general area contains a mixture of commercial and industrial uses. There are mixed uses and zoning north (across I-30) and west of the site. There is a motel and night club immediately to the east. A light industrial subdivision is located to the south. The City’s Future Land Use Plan designates this property as “Commercial”. The requested C-3 zoning does not require an amendment to the Land Use Plan. Staff is supportive of the requested C-3 rezoning. Staff feels that it is reasonable to rezone the property back to C-3 for commercial use of the existing building which was previously used as a restaurant. The City’s Future Land Use Plans shows this property and the properties to the west as Commercial. Light Industrial designations exist to the south and east. There is also existing C-3 zoned parcels in this area. Staff believes the proposed rezoning of this property to C-3 and future use as commercial will have no adverse impact on the adjacent properties on this general area along Interstate 30. F. STAFF RECOMMENDATION: Staff recommends approval of the requested C-3 rezoning. PLANNING COMMISSION ACTION: (MAY 22, 2008) Staff informed the Commission that the application needed to be deferred to the July 10, 2008 agenda based on the fact that the applicant failed to send notification to surrounding property owners as required. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the July 10, 2008 agenda. A motion to that effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. The application was deferred. PLANNING COMMISSION ACTION: (JULY 10, 2008) The applicant was present. There were no objectors present. Staff presented the item with a recommendation of approval. July 10, 2008 ITEM NO: C (Cont.) FILE NO.: Z-8246-A 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 8 ayes, 0 nays and 3 absent. July 10, 2008 ITEM NO.: D FILE NO.: LU08-10-01 Name: Land Use Plan Amendment - Boyle Park Planning District Location: The northeast corner of John Barrow and 40th Street Request: Single Family to Neighborhood Commercial Source: Tabitha S. Pickett, Sparkles SEDE Beauty Salon PROPOSAL / REQUEST: A Land Use Plan amendment in the Boyle Park Planning District from Single Family to Neighborhood Commercial. Neighborhood Commercial represents commercial services that are limited to small-scale development in close proximity to a neighborhood. The applicant is also requesting a Planned Commercial Development to allow a beauty salon. EXISTING LAND USE AND ZONING: The amendment site is currently vacant and undeveloped. It is zoned R-3 Single Family. Most of the surrounding area is zoned R-3 with single family residences. Immediately south of the amendment area is zoned Planned Office Development for a church site, but the land is still vacant and undeveloped. Northwest of this site is zoned Planned Commercial Development for the Warehouse Plaza Commercial Center. This center has a hair salon, a photo gallery, a clothing store and an insurance office. At 40th and Tatum is also zoned R-3 but it is the location for the Bread of Heaven Church. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: This area is shown as Single Family on the Future Land Use Plan. Almost all of the surrounding area is also shown as Single Family. To the east is shown as Public Institutional to recognize a church and to the northwest is shown as Mixed Office Commercial for the Warehouse Plaza Center. There have not been any amendments to the Future Land Use Plan in this area in almost ten years. MASTER STREET PLAN: John Barrow 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. 40th Street is shown as a Local Street. The primary function of a Local Street is to provide access to adjacent properties. Local Streets which are abutted by non-residential zoning/use or more intensive July 10, 2008 ITEM NO.: D (Cont.) FILE NO.: LU08-10-01 2 zoning than duplexes are considered as “Commercial Streets”. These streets have a design standard the same as a Collector. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on John Barrow since it is a Minor Arterial. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. BICYCLE PLAN: There are no bike routes within the immediate vicinity. PARKS: According to the Master Parks Plan, this area is within eight blocks of a park or open space. Holt Park is located a few blocks west of this amendment area. HISTORIC DISTRICTS: There are no city recognized historic districts that would be affected by this amendment. CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN: This property 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 to change the northeast corner of 40th Street and John Barrow from Single Family to Neighborhood Commercial. This site is currently undeveloped and vacant and has two brand new single family homes east and adjacent to the property. The applicant is requesting a change to Neighborhood Commercial along with a rezoning to allow a beauty salon. There have been very few permits issued for commercial development in this area in the past few years, which shows minimal demand for commercial. Also, there are still several sites shown on the Land Use Plan for commercial uses along John Barrow Road and at the intersection of Colonel Glenn and John Barrow. Most of this have been on the Plan for decades and are not yet fully developed. Over the years commercial zoning has been moving north along John Barrow Road from 36th Street. This is creating a ‘strip commercial’ pattern along John Barrow Road. The City land use policy is not to allow ‘strip commercial‘ along arterials, but rather to encourage commercial in nodes, July 10, 2008 ITEM NO.: D (Cont.) FILE NO.: LU08-10-01 3 generally at or near major intersections. Staff wishes to discourage the further commercialization of lands lining John Barrow Road in keeping with the City land use policy. The John Barrow Neighborhood Action Plan has many housing and neighborhood revitalization goals. It states a need to improve overall appearance of the neighborhood with an objective of reviewing design standards for new construction of residential units. There is also an action statement stating that the design of new residential units should be compatible with existing architecture in the area. The application area is surrounded by single-family homes, and area residents have indicated a preference for more single family developed in the area. Since January 2007, there have been 18 permits issued for new single family homes in the John Barrow Subdivision. Two of these permits were located just east of this amendment site at 8704 and 8700 West 40th Street. This shows a clear demand for more single family in this area. NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood association: John Barrow. Staff has received no comments from area residents. STAFF RECOMMENDATIONS: Staff believes the change is not appropriate. PLANNING COMMISSION ACTION: (JUNE 19, 2008) The applicant requested this item be deferred to July 10. 2008. The item was placed on consent agenda for deferral to July 10, 2008. By a vote of 9 for and 0 against the consent agenda was approved. STAFF UPDATE: There has been no new information added to this item. PLANNING COMMISSION ACTION: (JULY 10, 2008) The item was placed on consent agenda for withdrawal. By a vote of 8 for and 0 against the consent agenda was approved. July 10, 2008 ITEM NO.: D.1 FILE NO.: Z-8351 NAME: Pickett Short-form PCD LOCATION: Located on the Northeast corner of West 40th Street and John Barrow Road DEVELOPER: Tabitha Pickett 5012 West 31st Street Little Rock, AR 72204 SURVEYOR: Donald Brooks 20820 Arch Street Pike Hensley, AR 72065 AREA: 0.25 + acres NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family ALLOWED USES: Single-family residential PROPOSED ZONING: PD-C PROPOSED USE: Beauty Salon VARIANCES/WAIVERS REQUESTED: Waiver of the required right of way dedication for West 40th Street. A. PROPOSAL/REQUEST: The applicant is proposing the rezoning of the site from R-2, Single-family to Planned Commercial Development (PCD) to allow the construction of a new full service beauty salon. The applicant has indicated there will be five operators, a manicurist and a receptionist. The shop will offer tanning facilities and a fitness room. The shop will operate from 8 am to 6 pm Monday through Friday and from 7 am to 6 pm on Saturday. July 10, 2008 ITEM NO.: D.1 (Cont.) FILE NO.: Z-8351 2 B. EXISTING CONDITIONS: The vacant site is located at the northeast corner of John Barrow Road and West 40th Street. South of the site is a POD zoned property approved for a church. Northwest of the site is a property zoned PCD which contains a number of uses including a salon. There are single-family homes located in the area. There are two new homes located to the east of this site along West 40th Street. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area property owners. All property owners located within 200 feet of the site, all residents, who could be identified, located within 300 feet of the site and the John Barrow Neighborhood Association were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. A dedication of right of way 25-feet from centerline will be required with the issuance of a building permit. 2. A 20 foot radial dedication of right-of-way is required at the intersection of 40th Street and John Barrow Road. 3. John Barrow 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. The current right-of-way width is unknown. Provide a current survey. 4. With site development, provide the design of the street conforming to the Master Street Plan. Construct one-half street improvement to 40th Street including 5-foot sidewalks for the entire length of the property with the planned development. 5. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 6. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 7. The property to the north already has flooding problems from storm water draining from the subject property. Provide a Sketch Grading and Drainage Plan as required per Section 29-186 (e) to eliminate the drainage problem. July 10, 2008 ITEM NO.: D.1 (Cont.) FILE NO.: Z-8351 3 8. Storm water detention ordinance applies to this property if the property is one (1) acre or greater. Show the proposed location for storm water detention facilities on the plan. 9. 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). 10. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 11. Streetlights are required by Section 31-403 of the Little Rock code. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting/certificate of occupancy. Contact Traffic Engineering 379-1813 (Steve Philpott) for more information. 12. Prepare a dimensioned site plan. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this property. Entergy: No commenter received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water regarding meter size and location. Fire Department: Approved as submitted. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Boyle Park Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for a short form PCD to rezone the site from R-2, Single-family to Planned Commercial Development to allow a new beauty salon to be constructed on the site. July 10, 2008 ITEM NO.: D.1 (Cont.) FILE NO.: Z-8351 4 A change to the Land Use Plan from Single Family to Commercial is a separate item on this agenda (LU08-10-01). Master Street Plan: John Barrow Road is a Minor Arterial on the Plan. 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 John Barrow Road 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 this immediate vicinity. Neighborhood Action Plan: The John Barrow Neighborhood Action Plan covers this area. 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. Landscape: 1. The site plan must comply with the City’s landscape and buffer ordinance requirements. 2. An automatic irrigation system or a water source within 75-feet of the landscaped area will be required to water the landscaped areas. 3. Prior to the issuance of a building permit, it will be necessary to provide an approved landscape plan stamped with the seal of a Registered Landscape Architect. 4. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (May 29, 2008) The applicant was present. Staff presented an overview of the proposed development stating there were a number of outstanding technical issues associated with the request. Staff stated the site plan before the Commission was presented to staff prior to the Committee meeting. Staff stated based on a quick review there was areas of deficiency. Staff stated the perimeter landscape strip and the required screening did not appear to comply with typical ordinance standards. Staff also stated they would review the drives to ensure compliance with the typical driveway spacing standards. July 10, 2008 ITEM NO.: D.1 (Cont.) FILE NO.: Z-8351 5 Public Works comments were addressed. Staff stated a survey indicating the right of way for West 40th Street was required. Staff also stated a radial dedication at the intersection of John Barrow Road and West 40th Street would be required. Landscaping comments were addressed. Staff stated prior to the issuance of a building permit a landscape plan would be required. Staff also stated a water source within 75-feet of the landscaped areas would be required at the time of development. Staff noted comments from the various other reporting departments and agencies. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing most of the issues raised at the May 29, 2008, Subdivision Committee meeting. The revised plan has indicated the landscape strips per the typical ordinance standards for the zoning and buffer ordinance and the landscape ordinance. The plan also indicates screening and driveway spacing per the typical ordinance standards. The applicant is seeking a rezoning of the site to allow the construction of a 2,210 square foot full service salon with a maximum of five operators, a manicurist and receptionist. The site plan indicates a total of 3,287 square feet of landscaping (27.5%), 6,493 square feet of paved area (54.0%) and 2,210 square feet of building area (18.5%). The building is proposed as metal construction with a hipped mental roof. The applicant has indicated, within 3 to 5 years, brick will be added to the façade but the addition of the brick is dependent on the cash flow of the business. The site plan contains 12 parking spaces. Based on the typical ordinance standards for a salon, 11 parking spaces would typically be required. The proposed parking is adequate to serve the proposed use. The site plan indicates the placement of a 9-foot landscape strip along the northern perimeter and a six-foot screening fence. The landscape area to the east is located adjacent to a platted alley and is proposed at 8.6 feet. The alley has not been constructed. A six-foot screening fence is also proposed adjacent to the alley. These areas are located adjacent to residentially zoned and used property. The dumpster has been located along the eastern perimeter of the building. Staff has concerns with the dumpster being located adjacent to the residential uses to the east. The hours of dumpster service have not been limited but due to the July 10, 2008 ITEM NO.: D.1 (Cont.) FILE NO.: Z-8351 6 proximity of the residential homes staff would recommend the dumpster hours be limited. A waiver of the required right of way dedication for West 40th Street is being requested. Based on the commercial use of the property the Master Street Plan would typically require a right of way dedication of 30 feet from centerline for a commercial street. The existing right of way for West 40th Street is 40-feet total or 20-feet from centerline leaving a 10-foot deficiency in the required right of way. Staff is not supportive of the waiver of right of way dedication. Based on the use of the property and the zoning of the property to the south; zoned POD for future construction of a church staff feels the full right of way is necessary to allow for proper lane widths and turning lanes to facilitate traffic movements from these site. The request includes building signage consistent with signage allowed per commercial zones. A ground-mounted sign is not being proposed. Staff recommends in the future if ground mounted signage is sought the signage be limited to a maximum of six feet in height and sixty-four square feet in area. Staff is not supportive of the site plan as presented. Staff has concerns with the dumpster being located adjacent to the single-family homes. Staff also has concerns with the applicant’s request for a waiver of the required right of way for West 40th Street. Based on these concerns staff is not supportive of the request. I. STAFF RECOMMENDATIONS: Staff is not supportive of the application as filed. PLANNING COMMISSION ACTION: (JUNE 19, 2008) The applicant was present. There were no registered objectors present. Staff stated the applicant had contacted them regarding a deferral of the item to the July 10, 2008, public hearing to allow additional time to meet with staff and discuss options for the site plan related to the right of way dedication and dumpster placement location. Staff stated the deferral request would require a waiver of the Commission’s By-laws with regard to the late deferral request. Staff presented a recommendation of approval of the deferral request of the item to the July 10, 2008, public hearing. There was no further discussion of the item. A motion was made to waive the By-laws with regard to the late deferral request. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. July 10, 2008 ITEM NO.: D.1 (Cont.) FILE NO.: Z-8351 7 STAFF UPDATE: (JULY 10, 2008) Staff and the applicant have met and discussed various options to allow the development of this site with a full service salon. Based on the meeting the applicant has submitted a revised site plan which addresses the issues raised in the previous agenda write-up. The revised site plan indicates the dedication of an additional five (5) feet of right of way along West 40th Street and the removal of the dumpster located along the eastern portion of the site and adjacent to the single-family homes. According to the applicant garbage container needs can be met with the placement of two large garbage containers similar to the containers used by residential customers in the City. Staff is supportive of the proposed refuse collection. Staff has reconsidered the required right of way for West 40th Street. The existing right of way for West 40th Street is 40 feet or 20 feet from centerline. In the Public Works comments a required right of way dedication of 30 feet from centerline, which is typical based on the proposed commercial use, was requested. Staff now feels a dedication of an additional five feet will allow sufficient right of way to meet the future needs of this intersection. The radial dedication will be provided as requested in the Public Works comments. West 40th Street is a dead end street and currently does not carry a large volume of traffic. When the property located to the south is developed the property will also dedicate right of way which will allow the intersection of West 40th Street and John Barrow Road to be improved with proper lane widths and turning lanes. In addition to meeting with staff, the applicant has meet with the John Barrow Neighborhood Association. The association has provided a letter of support for the request but has placed conditions on the support. The neighborhood association requests the applicant meet staff’s concerns related to right of way dedication and the location of the trash dumpster. The association also request the approval be limited the applicant. The applicant has agreed to limit the approval of the PCD to her use and occupying the property. Staff is supportive of limiting the approval to the applicant’s use and the applicant occupying the property. Staff is supportive of the request. Staff feels the salon will provide a service to the surrounding neighborhood. Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. PLANNING COMMISSION ACTION: (JULY 10, 2008) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval with conditions. The conditions included the conditions as set forth in paragraphs D, E and F of the agenda staff report. Staff also recommended the approval be limited to the applicant’s use and the applicant’s occupancy of the property. July 10, 2008 ITEM NO.: D.1 (Cont.) FILE NO.: Z-8351 8 There was no further discussion of the item. The chair entertained a motion for placement of the item on the Consent Agenda for approval. The motion carried by a vote of 8 ayes, 0 noes and 3 absent. July 10, 2008 ITEM NO.: 1 FILE NO.: Z-8362 NAME: Robinson Day Care Family Home – Special Use Permit LOCATION: 1102 West 21st Street OWNER: Wilma Robinson APPLICANT: Kimberly Blanton PROPOSAL: A Special Use Permit is requested to allow a Day Care Family Home to be operated within the residential structure at 1102 West 21st Street. STAFF NOTE: After thorough investigation, staff has determined that the proposed day care use does not qualify for a special use permit for a day care family home. The existing residential structure is a duplex-type structure with upper and lower individual units, with no inner connectivity. The lower unit (previously a one-bedroom apartment with kitchen facility) has been converted to the day care use. The upper single family unit is not connected to the lower unit, and therefore the day care use is not part of the single family home. It is a separate use which staff has to classify as a day care center. The applicant has the option of ceasing the day care use or filing for a conditional use permit for a day care center. Staff will give the applicant to the next filing date (July 14, 2008) to cease the day care use or file for a conditional use permit. The filing fee paid by the applicant for the special use permit will be applied to a conditional use permit, if filed. Staff recommends this Special Use Permit application be withdrawn. PLANNING COMMISSION ACTION: (JULY 10, 2008) Staff informed the Commission that the proposed day care use did not qualify for a special use permit as a day care family home. Staff recommended withdrawal of the application. 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 8 ayes, 0 nays and 3 absent. July 10, 2008 ITEM NO.: 2 FILE NO.: G-23-400 Name: Little Rock National Airport – Right-of-Way Abandonment Location: Portions of Conner Street, East 10th Street and Alley Rights-of-Way Owner/Applicant: Little Rock Municipal Airport Commission/Garver Engineers Request: To abandon portions of Conner and East 10th Streets and alley located within and adjacent to Block 35, 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. Conner Street (50 foot wide right-of-way) – between East 9th and East 10th Streets. b. East 10th Street (50 foot wide right-of-way) – between Conner and Crosby Streets. c. Alley (20 foot wide right-of-way) – within Block 35, Industrial Park Addition. Following represents the approximate area of rights-of-way to be abandoned. a. Conner Street Size: 50’ X 499’ Sq. Ft.: 24,950 Acres 0.57 b. Alley Size: 20’ X 499’ Sq. Ft.: 9,980 Acres 0.23 c. E. 10th Street Size: 50’ X 350’ Sq. Ft.: 17,500 Acres 0.40 (Total) 52,430 (Total) 1.20 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. If existing streets are not being removed, drainage easements should be maintained in the rights-of-way to convey storm water from adjacent property. 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. July 10, 2008 ITEM NO.: 2 (Cont.) FILE NO.: G-23-400 2 C. Characteristics of Right-of-Way Terrain: • Conner Street – 27 feet of pavement width with curb and gutter. • East 10th Street – 20 feet of pavement width with no curb and gutter. • Alley – undeveloped and grass covered. 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 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, with one (1) industrial building to the north. 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 abandonment. Easement must be retained for alley. Existing sewer main located in alley. Entergy: No objection to abandonment. Existing facilities along south side of East 10th Street and east side of Conner Street. Retain fifteen (15) foot easements for existing facilities. Centerpoint Energy: No objection to abandonment. Existing natural gas facilities within Conner and East 10th Street rights-of-way. Retain easements of a minimum five (5) feet along both sides of existing facilities. AT&T (SBC): No objection to abandonment. Retain ten (10) foot wide utility easement within Conner and East 10th Street rights-of-way for existing facilities. Water: Central Arkansas Water has no objection to the closure of this street right-of- way. We do, however, have existing water facilities in these rights-of-way. Therefore, we request that these rights-of-way be covered under the blanket agreement between the Airport and Central Arkansas Water for maintenance of facilities. The fire hydrant at the corner of East 10th Street and Conner Street would become a private fire hydrant. Any needed relocation of facilities due to July 10, 2008 ITEM NO.: 2 (Cont.) FILE NO.: G-23-400 3 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: (JUNE 12, 2008) Brooks Beazley and Earl Mott were present, representing the application. Staff presented the application, noting that the areas of abandonment would be retained as utility and drainage easements. The Public Works comments were briefly discussed. The issue of the abandonments was briefly discussed. Staff noted that there were no outstanding issues. The Committee forwarded the issue 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 and drainage easements, as noted in paragraph G. of the staff report. PLANNING COMMISSION ACTION: (JULY 10, 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 8 ayes, 0 nays and 3 absent. July 10, 2008 ITEM NO.: 3 FILE NO.: LU08-02-01 Name: Land Use Plan Amendment - Rodney Parham Planning District Location: The northeast corner of Napa Valley and Rainwood Drives Request: Public Institutional to Office Source: Dickson Flake, Agent for Mountaire Corporation PROPOSAL / REQUEST: A Land Use Plan amendment in the Rodney Parham Planning District from Public Institutional to Office. Office represents services provided directly to consumers as well as general offices which support more basic economic activities. The applicant is also requesting a rezoning from R-2 Single Family to O-2 Office. EXISTING LAND USE AND ZONING: This amendment area is currently zoned O-2 General Office and R-2 Single Family District. A portion of the R-2 zoning had a Conditional Use Permit to allow a church office building. This site was previously used for the Fellowship Bible Church offices and overflow parking for their Sunday services. East of this area is zoned Planned Residential Development for the Rainwood Cove neighborhood, which is comprised of single family residences. North of the application is zoned O-2 General Office and has the Terry Library, more parking, and a large vacant building that was used for the Fellowship Bible Student Center. West of the amendment is R-2 with a Conditional Use Permit for the old Fellowship Bible Church site (expansion area of Pulaski Academy) and the Asbury Church. Southwest is zoned MF-12 Multi Family District for the Hunter’s Glen Residential development. South of the amendment is zoned R-2 Single Family District and has been developed with patio homes. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: This area and the surrounding areas to the north, west and northeast are shown as Public Institutional on the Future Land Use Plan. East and south are shown as Single Family. Southwest is shown as Multi Family. There have not been any land use plan amendments in this area in the past ten years. July 10, 2008 ITEM NO.: 3 (Cont.) FILE NO.: LU08-02-01 2 MASTER STREET PLAN: Napa Valley Road is shown as a Minor Arterial on the Plan. 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 Napa Valley since it is a Minor Arterial. Rainwood Drive is shown as a Collector. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. BICYCLE PLAN: There are no bike routes in the immediate vicinity. PARKS: According to the Master Parks Plan, this area is within eight blocks of a park or open space. To the southeast is a park at Johnnycake Lane and Pulaski Academy School to the west has a large playground facility. 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 Rock Creek Neighborhood Action Plan. The Residential Development goals states: Encourage vigorous enforcement of landscaping ordinance. This goal is important for this development because of it’s close proximity to the Rainwood neighborhood. ANALYSIS: The intersection of Hinson Road and Napa Valley Drive is experiencing a major transition due to the relocation of Fellowship Bible Church to Kirk Road. While Pulaski Academy School is purchasing much of the former Fellowship property, this amendment site is an empty office building with a large parking lot which was formerly used as church offices and overflow parking for Sunday services. A change from Public Institutional to Office seems to be logical because the building and parking are already in place. Staff considers this amendment as a minor change to the future land use plan, as it is merely reflecting the existing conditions of the site. Office is an institutional use and is a natural fit for this July 10, 2008 ITEM NO.: 3 (Cont.) FILE NO.: LU08-02-01 3 existing development. There have been large institutional uses in this area for some time and this area will continue to be used as such. Since the ‘Public Use’ is leaving this particular site, the existing structures and development pattern make some type of office use appropriate. The amendment area is located at the northeast corner of Napa Valley Drive and Rainwood Road. Napa Valley is a Minor Arterial and Rainwood Road is a Collector. This type of intersection is suitable for office uses and Napa Valley Drive is in the process of being rebuilt to provide better access to Hinson Road. There is also already a wooden fence and a line of bushes to buffer this area’s parking lot from the Rainwood Cove Subdivision which is immediately east of this site. While there are single family residences located on the south side of Rainwood Road, they are situated on their lots to front Carrollton Court rather than Rainwood Road. NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood associations: Rainwood Cove POA, Pleasant Valley POA, Hunters Cove POA, Pleasantree Recreation Association, Hunters Green POA and Glen Eagles POA. Staff has received no comments from area residents. STAFF RECOMMENDATIONS: Staff believes the change is appropriate. PLANNING COMMISSION ACTION: (JULY 10, 2008) The item was placed on consent agenda for approval. By a vote of 8 for and 0 against the consent agenda was approved. July 10, 2008 ITEM NO.: 3.1 FILE NO.: Z-6149-G Owner: Fellowship Bible Church Applicant: Dickson Flake, agent for Mountaire Corp. Location: Northeast corner of Napa Valley Drive and Rainwood Drive Area: 3.44 Acres Request: Rezone from R-2 to O-2 Purpose: Parking lot for existing office building Existing Use: Parking lot for previous church use SURROUNDING LAND USE AND ZONING North – Office building and library; zoned O-2 South – Single family residences (across Rainwood Drive); zoned R-2 East – Single family residences; zoned R-2 West – church facilities (across Napa Valley Drive); zoned R-2 A. PUBLIC WORKS COMMENTS: 1. Napa Valley Drive 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. Rainwood Drive 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 Napa Valley Drive and Rainwood Drive. B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a CATA Bus Route. July 10, 2008 ITEM NO: 3.1 (Cont.) FILE NO.: Z-6149-G 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 Rainwood Cove, Pleasant Valley, Glen Eagles, Hunters Green, Hunters Cove and Pleasantree Recreation Neighborhood Associations were notified of the public hearing. D. LAND USE ELEMENT: This request is located in the Rodney Parham Planning District. The Land Use Plan shows Public Institutional for this property. The applicant has applied for a rezoning from R-2 Single Family District to O-2 Office and Institutional District. A Land Use Plan Amendment from Public Institutional to Office is a separate item on this agenda. Master Street Plan: Napa Valley Road is shown as a Minor Arterial on the Plan. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exists should be limited to minimize negative effects of traffic and pedestrians on Napa Valley since it is a Minor Arterial. Rainwood Drive is shown as a Collector. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes in the immediate vicinity. Neighborhood Action Plan: This area is covered by the Rock Creek Neighborhood Action Plan. The Residential Development goals states: Encourage vigorous enforcement of landscaping ordinance. This goal is important for this development because of its close proximity to the Rainwood neighborhood. E. STAFF ANALYSIS: Fellowship Bible Church, owner of the 3.44 acre property located at the northeast corner of Napa Valley Drive and Rainwood Drive, is requesting to rezone the property from “R-2” Single Family District to “O-2” Office and July 10, 2008 ITEM NO: 3.1 (Cont.) FILE NO.: Z-6149-G 3 Institutional District. The rezoning is proposed to allow use of the existing parking lot to serve the existing office building immediately to the north. The property is currently a paved and landscaped parking lot which has served the Fellow Bible Church facilities under a conditional use permit. Based on the fact that the church has moved from the property and the parking lot will serve the O-2 zoned office building immediately to the north, it must be zoned for the use which it will serve. The general area contains a mixture of zoning and uses. Residential uses are located east, south and southwest of the site. A church facility is located on the R-2 zoned property across Napa Valley Drive to the west. The Fellowship Bible Church facilities, which will be part of the Pulaski Academy campus, are located to the northwest. Office-type uses are located to the north along the south side of Hinson Road. The City’s Future Land Use Plan designates this property as Public Institutional. A Land Use Plan Amendment application for a change to office is a separate item on this agenda. Staff is supportive of the requested rezoning to O-2 and Land Use Plan Amendment to Office. Staff views the request as reasonable. The property is already developed as a paved and landscaped parking lot, which has served a church development, which has relocated. The parking lot is being rezoned so that it may be used for the existing office building on the O-2 zoned property immediately to the north. Staff believes the proposed rezoning of this property to O-2 and continued use as a parking lot will have no adverse impact on the adjacent properties or general area. The O-2 zoning district is a site plan review district. Any redevelopment of the property must be reviewed and approved by the Planning Commission. The applicant submitted a letter to staff (dated June 19, 2008) amending the rezoning application by eliminating one (1) permitted use and two (2) accessory uses from the requested O-2 rezoning, as a result of meeting with the church to the west across Napa Valley Drive. The uses to be eliminated are as follows: • establishment for care of alcoholic, narcotic or psychiatric patients (from permitted use list) • bar, lounge, or tavern (from accessory use list) • beverage shop (from accessory use list) July 10, 2008 ITEM NO: 3.1 (Cont.) FILE NO.: Z-6149-G 4 F. STAFF RECOMMENDATION: Staff recommends approval of the requested O-2 rezoning, subject to elimination of certain permitted/accessory uses within the O-2 zoning as proposed by the applicant. PLANNING COMMISSION ACTION: (JULY 10, 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 8 ayes, 0 nays and 3 absent. July 10, 2008 ITEM NO.: 4 FILE NO.: Z-8157-D Owner: Little Rock Municipal Airport Commission Applicant: Garver Engineers Location: South of East 9th Street, north of East 10th Street, east of Conner Street and west of Crosby Street Area: 3.44 Acres Request: Rezone from R-3 and R-4 to I-2 Purpose: Future expansion of airport facilities Existing Use: Vacant and occupied (1) single family structures and vacant lots SURROUNDING LAND USE AND ZONING North – Industrial building (across East 9th Street); zoned I-2 South – Airport property (across East 10th Street)l zoned I-2 East – Airport property (across Crosby Street)l zoned I-2 West – Single family structures, commercial structures and vacant lots (across Conner Street); zoned R-3, C-3 and I-2 A. PUBLIC WORKS COMMENTS: 1. Due to the proposed use of the property, the Master Street Plan specifies that Conner Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline if Conner Street is not abandoned. 2. Due to the proposed use of the property, the Master Street Plan specifies that 10th Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline if 10th Street is not abandoned. 3. Crosby Street right-of-way is already abandoned. 4. A 20-foot radial dedication of right-of-way is required at the intersection of Conner Street and East 10th Street if both street rights-of-way are not abandoned. July 10, 2008 ITEM NO: 4 (Cont.) FILE NO.: Z-8157-D 2 5. 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. 6. A 20-foot radial dedication of right-of-way is required at the intersection of Conner Street and East 9th Street if the Conner Street right-of-way is not abandoned. 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. 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 and R-4 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, Conner 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 the immediate vicinity. Neighborhood Action Plan: This area is not covered by a City of Little Rock Neighborhood Plan. July 10, 2008 ITEM NO: 4 (Cont.) FILE NO.: Z-8157-D 3 E. STAFF ANALYSIS: Little Rock Municipal Airport Commission, owner of the 3.44 acres of property located south of East 9th Street, north of East 10th Street and between Conner and Crosby Streets, is requesting to rezone the property from “R-3” and “R-4” Single Family and Two-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: All of Block 35, Industrial Park Addition The majority of the property proposed for rezoning is comprised of vacant lots. There is one (1) occupied residential structure and five (5) vacant residential structures. The remainder of the block is undeveloped and grass covered. There is an industrial building located on the I-2 zoned property to the north, with Dassault Falcon Jet facilities to the south. Undeveloped I-2 zoned property is located to the east. The R-3, C-3 and I-2 zoned properties to the west are mostly undeveloped with few vacant structures. 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 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-23-400). 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. July 10, 2008 ITEM NO: 4 (Cont.) FILE NO.: Z-8157-D 4 PLANNING COMMISSION ACTION: (JULY 10, 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 8 ayes, 0 nays and 3 absent. July 10, 2008 ITEM NO.: 5 FILE NO.: LU08-19-02 Name: Land Use Plan Amendment - Chenal Planning District Location: The east side of Rahling Road, south of Pebble Beach Drive Request: Low Density Residential and Single Family to Multi Family, Commercial, Office, Single Family and Open Space Source: Tim Daters, for Deltic Timber Co. PROPOSAL / REQUEST: The applicant has requested a deferral to the August 21, 2008 Planning Commission hearing. Staff is supportive of this request. PLANNING COMMISSION ACTION: (JULY 10, 2008) The item was placed on consent agenda for deferral. By a vote of 8 for and 0 against the consent agenda was approved. July 10, 2008 ITEM NO.: 5.1 FILE NO.: Z-8165-A Owner: Deltic Timber Corporation Applicant: Tim Daters, White-Daters and Associates Location: East side of Rahling Road, south of Pebble Beach Drive Area: 94 Acres Request: Rezone from R-2 and MF-18 to OS, R-2, MF-6, MF-12, O-3 and C-3 Purpose: Future development Existing Use: Undeveloped SURROUNDING LAND USE AND ZONING North – Single family residences; zoned R-2 South – Single family residences; zoned R-2 East – Undeveloped property and single family residences; zoned R-2 West – Undeveloped property (across Rahling Road); zoned OS, R-2 and MF-12 STAFF NOTE: The applicant submitted a letter to staff on June 9, 2008 requesting this application be deferred to the August 21, 2008 Agenda. The deferral request is to allow staff additional time to review the proposed rezoning and land use plan amendment applications. Staff recommends approval of the deferral request to the August 21, 2008 Agenda. PLANNING COMMISSION ACTION: (JULY 10, 2008) Staff informed the Commission that the applicant requested to defer the application to the August 21, 2008 Agenda to allow staff additional time to review the Land Use Plan Amendment and rezoning requests. Staff supported the deferral request. July 10, 2008 ITEM NO: 5.1 (Cont.) FILE NO.: Z-8165-A 2 The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the August 21, 2008 Agenda. A motion to that effect was made. The motion passed by a vote of 8 ayes, 0 nays and 3 absent. July 10, 2008 ITEM NO.: 6 FILE NO.: Z-8364 Owner: Plunkett Family, et. al. Applicant: Phil Swope Location: 10914/10916 Kanis Road (north side of Kanis Road, approximately 300 feet west of Shackleford Road) Area: 3.728 Acres Request: Rezone from O-3 to C-3 Purpose: Hotel and restaurant Existing Use: Residence and shop SURROUNDING LAND USE AND ZONING North – Office and commercial uses; zoned O-3 and PCD South – Undeveloped property (across Kanis Road); zoned OS, O-2, C-2 and C-3 East – Hotel and commercial uses; zoned C-3 and PCD West – Undeveloped property; zoned C-2 A. PUBLIC WORKS COMMENTS: 1. Kanis Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. 2. A drainage easement is required for the ditch that flows through the development. If the drainage way is moved in the future, the easement should coincide with its location. 3. At time of development, provide design of street conforming to the Master Street Plan. Construct one-half street improvements to Kanis Road including 5-foot sidewalks with planned development. B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a CATA Bus Route. Route #3 (Baptist Medical Center Route) runs along Kanis Road to the east. July 10, 2008 ITEM NO: 6 (Cont.) FILE NO.: Z-8364 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 John Barrow and Birchwood Neighborhood Associations were notified of the public hearing. D. LAND USE ELEMENT: This request is located in the I-430 Planning District. The Land Use Plan shows Commercial for this property. The applicant has applied for a rezoning from O-3 General Office District to C-3 General Commercial District. The request does not require a change to the Land Use Plan. Master Street Plan: Kanis 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 Kanis 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 this immediate vicinity. Neighborhood Action Plan: This area is covered by the Walnut Valley/Birchwood Neighborhood Action Plan. The Community Redevelopment (Land Use) goal states: Maintain and reinvigorate existing retail areas to provide active retail for local residents. E. STAFF ANALYSIS: Plunkett Family, et. al., owner of the 3.728 acre property located at 10914/10916 Kanis Road, is requesting to rezone the property from “O-3” General Office District to “C-3” General Commercial District. The property is located on the north side of Kanis Road, approximately 300 feet west of Shackleford Road. The rezoning is proposed to allow future commercial development of the property. July 10, 2008 ITEM NO: 6 (Cont.) FILE NO.: Z-8364 3 The property currently contains a one-story residential structure within the south half of the property. There are one-story shop and storage buildings located behind (north) the residential structure. There is a gravel driveway from Kanis Road, which serves as access. The rear (north) portion of the property is undeveloped. The area contains a mixture of uses and rezoning. There are office and commercial uses located to the north, between this property and Hermitage Road. Undeveloped C-2 and C-3 zoned property is located to the south across Kanis Road. Hotel and retail uses are located to the east along the west side of Shackleford Road. Undeveloped C-2 zoned property is located to the west. The City’s Future Land Use Plan designates this property as Commercial. The requested C-3 zoning does not require an amendment 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, zoning and future plan designations. The properties immediately east and west are zoned C-3 and C-2 respectively and are also designated as Commercial on the future plan. The future plan shows the property to the south across Kanis Road as Community Shopping. There are office and commercial uses to the north. Staff believes future C-3 development of this property will be appropriate and will have no adverse impact on the adjacent properties or general area. F. STAFF RECOMMENDATION: Staff recommends approval of the requested C-3 rezoning. PLANNING COMMISSION ACTION: (JULY 10, 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 8 ayes, 0 nays and 3 absent. July 10, 2008 ITEM NO.: 7 FILE NO.: Z-2050-B NAME: Pleasant Valley Country Club – Revised Conditional Use Permit LOCATION: One Pleasant Valley Drive OWNER/APPLICANT: Pleasant Valley Country Club/ Development Consultants PROPOSAL: A revision to the previously approved conditional use permit is requested to allow for construction of permanent structures over four existing tennis courts and an addition to the clubhouse. The property is zoned R-4. 1. SITE LOCATION: The site is located in Pleasant Valley at the intersection of Pleasant Valley Drive and Valley Club Circle. 2. COMPATIBILITY WITH NEIGHBORHOOD: The Country Club facilities have been a part of the Pleasant Valley Neighborhood since its inception over 30 years ago. The golf course extends to the south and west. Single-family homes are located to the north and east. The small expansion of the clubhouse is located on the south side of that facility and is not near any residential properties. The tennis court structures will replace previously approved “air dome” structures. The new tennis structures will be more compatible with the neighborhood and are approximately 183 feet from the nearest neighboring property. All owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and the Pleasant Valley Neighborhood Associations were notified of this proposal. 3. ON SITE DRIVES AND PARKING: The facility is served by a substantial parking lot, which is located between the golf course clubhouse and the tennis courts. Access is off of Valley Club Circle. No changes are proposed to the existing parking. The parking is sufficient to serve the facility’s needs. July 10, 2008 ITEM NO.: 7 (Cont.) FILE NO.: Z-2050-B 2 4. SCREENING AND BUFFERS: Site plan must comply with the City’s minimal landscape and buffer ordinance requirements. The zoning buffer ordinance requires a thirty (30’) foot wide land use buffer next to the residentially zoned property to the south. Seventy percent (70%) of this area is to remain undisturbed. 5. PUBLIC WORKS COMMENTS: No Comments. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer is available to this property. Entergy: No comment received. CenterPoint Energy: No comment received. AT&T (SBC): No comment received. Water: Contact Central Arkansas Water if larger and/or larger meter is needed. Fire Department: Additional Fire hydrant may be required; contact Little Rock Fire Department Fire Marshall. County Planning: No Comments. CATA: The site is not located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (JUNE 12, 2008) The applicant was present. Staff presented the item and noted little additional information was needed. Staff asked the applicant to provide a description of building materials, new site lighting and any new signage. It was noted that a height variance was required for the tennis court structures. Utility and Fire Department Comments were noted. The applicant was instructed to respond to staff issues by Wednesday, June 18, 2008. The Committee forwarded the item to the full Commission. July 10, 2008 ITEM NO.: 7 (Cont.) FILE NO.: Z-2050-B 3 STAFF ANALYSIS: The Pleasant Valley Country Club is located on the R-4 zoned property at One Pleasant Valley Drive. The Club’s facilities include a golf course, tennis courts, swimming pool, club house and associated parking. The Country Club facilities have been a part of the Pleasant Valley neighborhood since its development over 30 years ago. On October 4, 1988, the Commission approved a conditional use permit to allow for the placement of two “air dome” structures over four existing tennis courts. The forty (40) foot tall inflatable covers were approved for placement from October 1 through April 1 each year to allow play through the inclement winter months. Each dome covered two tennis courts located on either side of the tennis center building. There were concerns raised by neighboring residents about the perceived unsightliness of the “air domes”. The Country Club is now proposing to replace the temporary air domes with permanent structures. The two new structures will be located in the same location approved for the air domes. Each structure will cover two tennis courts located on either side of the tennis center building. The buildings will have brick masonry piers with fence and wind screens around the base. The parts above the piers will be covered with colored metal siding and roofing. The masonry and color selections will coordinate with existing buildings on the site. The tennis court buildings will have a height of approximately 45 feet to the ridge. The height of the structures as defined by the Zoning Ordinance (to the mid point of a pitched roof) will be approximately 40 feet. A variance is requested to allow the structures to exceed the R-4 zoning district building height limit of 35 feet. Additionally, a 2,000 square foot expansion of the Clubhouse building is proposed. The expansion is to provide additional space to relocate and expand the existing fitness center. The clubhouse expansion will have a brick masonry and concrete exterior to match the existing building. The three projects (2 tennis court buildings and the clubhouse expansion) will be built as individual projects over the next 3 to 6 years. The existing air domes will be used as previously approved until replaced by the new structures. Staff is supportive of the proposal. The new tennis court buildings will better fit the development and will be more compatible with the neighborhood. The structures will be located over the same tennis courts that have been approved for covering by the air domes. The structures are located approximately 183 feet from the rear yard of the nearest residence. The minor clubhouse expansion is located on the south side of the building and is adjacent to no other properties. July 10, 2008 ITEM NO.: 7 (Cont.) FILE NO.: Z-2050-B 4 On June 12, 2008, the applicant submitted responses to the issues raised at Subdivision Committee as reflected in the analysis above. There is no bill of assurance issue. No new lighting is proposed. Several lights will actually be removed. No new signage is proposed. 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 comments and conditions outlined in Sections 4 and 6 of the agenda staff report. Staff recommends approval of a height variance for the tennis court buildings as proposed. PLANNING COMMISSION ACTION: (JULY 10, 2008) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval and outlined in the “staff recommendation” above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff. The vote was 8 ayes, 0 noes and 3 absent. July 10, 2008 ITEM NO.: 8 FILE NO.: Z-5700-B NAME: Baker Elementary School – Revised Conditional Use Permit LOCATION: 15001 Kanis Road OWNER/APPLICANT: Pulaski County Special School District/ Crafton, Tull, Sparks PROPOSAL: A revision to the previously approved conditional use permit is requested to allow for construction of a new driveway for student drop-off/pick-up. The property is zoned R-2. 1. SITE LOCATION: The property is located at the northwest corner of Kanis Road and Baker Lane, ¾ mile south of Chenal Parkway. The property is outside of the city limits, within the City’s extraterritorial jurisdiction. 2. COMPATIBILITY WITH NEIGHBORHOOD: The school has been located at this site for many years. Recent growth has caused increased traffic issues associated with parents dropping off and picking up students. Construction of the new drop-off lane and rerouting traffic onto Baker Lane will help to alleviate much of the stacking currently occurring on Kanis Road. A new single-family neighborhood is developing to the north of the school. The new driveway must be properly screened to mitigate any impact on those lanes. All owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and the Parkway Place Neighborhood Association were notified of this request. 3. ON SITE DRIVES AND PARKING: The site is currently accessed via a single driveway off of Kanis Road. The driveway provides access to the parking lot and bus drop-off/pick-up lane. The single driveway is also used by parents dropping-off or picking-up children. There is insufficient stacking space for the many vehicles, leading to vehicles stacking on Kanis Road and Pride Valley. The proposed new driveway will take access off of Baker Lane, providing much more stacking space and relieving some of the traffic issues on Kanis Road. July 10, 2008 ITEM NO.: 8 (Cont.) FILE NO.: Z-5700-B 2 4. SCREENING AND BUFFERS: Site plan must comply with the City’s minimal landscape and buffer ordinance requirements, unless a variance is approved. The zoning buffer ordinance requires a nineteen foot (19’) wide land use buffer along the northern perimeter of the site, next to the residentially zoned property. Seventy percent (70%) of this area is to remain undisturbed. Currently, it appears the newly proposed driveway encroaches into this area. 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. The Landscape Ordinance requires a nine (9) foot wide landscape perimeter along the northern perimeter of the site. Landscaping to screen the new driveway/parking area will be required. An automatic irrigation system to water newly landscaped areas will be required. Prior to the issuance of a building permit a landscape plan must be approved and must obtain the seal of a licensed Landscape Architect. 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. Kanis Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way forty-five (45) feet from centerline will be required. Ordinance 16,502, which has expired, was approved by the Board of Directors on October 5, 1993, which deferred street improvements to Kanis Road to the Master Street Plan standards for five (5) years. 2. A twenty (20) foot radial dedication of right-of-way is required at the intersection of Kanis Road and Baker Lane. July 10, 2008 ITEM NO.: 8 (Cont.) FILE NO.: Z-5700-B 3 3. Due to the proposed use of the property, the Master Street Plan specifies that Baker Lane for the frontage of this property must meet commercial street standards. Dedicate right-of-way to thirty (30) feet from centerline. Ordinance 16,502, which has expired, was approved by the Board of Directors on October 5, 1993, which deferred street improvements to Baker Lane to the Master Street Plan standards for five (5) years. 4. Baker Lane should connect into Kanis Road at a 90-degree angle to create a T intersection. 5. With site development, provide design of street conforming to the Master Street Plan. Construct one-half street improvement to Kanis Road including 5-foot sidewalks with planned development. The new back of curb will be twenty-nine and one-half (29.5) feet from centerline with the sidewalk at the property line. Ordinance 16,502, which has expired, was approved by the Board of Directors on October 5, 1993, which deferred street improvements to Kanis Road to the Master Street Plan standards for five (5) years. 6. With site development, provide design of street conforming to the Master Street Plan. Construct one-half street improvement to Baker Lane including 5-foot sidewalks with planned development. The new back of curb will be placed eighteen (18) feet from centerline and the sidewalk at the property line. Ordinance 16,502, which has expired, was approved by the Board of Directors on October 5, 1993, which deferred street improvements to Baker Lane to the Master Street Plan standards for five (5) years. 7. 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: Property is outside of current service boundary. No comment. Entergy: No comment received. Centerpoint Energy: No comment received. AT&T (SBC): No comment received. Water: No objection to new driveway and vehicle stacking. July 10, 2008 ITEM NO.: 8 (Cont.) FILE NO.: Z-5700-B 4 Fire Department: Approved as submitted. County Planning: No comments received. CATA: The site is not located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (JUNE 12, 2008) Jerry Kelso of Crafton Tull Sparks was present representing the application. Staff presented the item and requested the applicant locate and describe any new site lighting as well as existing and proposed fencing on the site. The applicant was asked to provide a traffic control plan indicating vehicle movements on the site. In response to a question from staff, the applicant stated an existing mobile classroom and trailer located in the route of the new driveway would be removed from the site. Landscape and Public Works Comments were noted. Staff pointed out the importance of properly screening the driveway from the new residences located adjacent to the north. Public Works Comments were discussed at length. It was noted that a previously approved deferral of required street improvements had expired. Required improvements to Baker Lane and Kanis Road, including the realignment of the intersection, were discussed. The applicant stated he would meet with his client and would respond to staff. He stated some combination of constructing the improvements and another deferral may be requested. The applicant was instructed to respond to staff issues by Wednesday, June 18, 2008. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: Baker Elementary School is located on the R-2 zoned, 11± acre tract at 15001 Kanis Road. The property is located adjacent to the city limits, within the City’s zoning jurisdiction. The school is part of the Pulaski County Special School District. The District is requesting approval of a conditional use permit to allow for construction of a new drop-off driveway. The driveway is to take access off of Baker Lane, wrap around the rear of the school and tie into the parking lot located on the north side of the property. The proposed driveway will be two lanes wide, allowing for double-stacking of vehicles. Drop-off and pick-up will occur in the parking area north of the school. July 10, 2008 ITEM NO.: 8 (Cont.) FILE NO.: Z-5700-B 5 Traffic will then funnel into a single lane for exit onto Kanis Road. Buses will access the site from Kanis, circle through the existing bus lane in front of the school and then also exit onto Kanis Road. Gates will control access onto the driveway off of Baker Lane. The existing chain link fence behind the school will be pushed to the west to enclose the new driveway. An existing mobile classroom building and storage trailer will be removed from the site to make room for the driveway. No new site lighting will be placed on the site. All required right-of-way for the abutting streets will be dedicated. The District is proposing to construct half-street improvements to Baker Lane. The revised plan shows the realignment of Baker Lane at its intersection with Kanis Road to create a proper “T” intersection. The District is asking to defer required improvements to Kanis Road, including construction of the Baker/Kanis intersection, for five (5) years for the following reasons: a. With this conditional use, it is the intent to provide some relief of the traffic congestion off of Kanis Road and to make every effort to get these improvements completed before school starts. This cannot be done if Kanis Road improvements are being done at the same time. The public will need some time to get familiar with the new route and construction of Kanis Road will complicate it. b. Baker Elementary School will also be looking at a building expansion in the near future that would be more cost effective to complete the Kanis Road Improvements at that time. c. The relocation of a large power line needs to be done at the same time additional widening to the north (next to Kanis Creek subdivision) takes place. This widening will need to be a joint effort with the School District and Little Rock Public Works. Staff is not supportive of the deferral request. In 1993, a conditional use permit was approved allowing for the construction of additions onto the school building. At that time, the Board approved Ordinance No. 16,502 which granted a deferral of required improvements to Kanis Road and Baker Lane for five (5) years. Those improvements have not yet been constructed. The traffic situation associated with the school has continued to worsen. While the proposed new drop-off lane will greatly improve the situation by allowing much more stacking, using Baker Lane and the new driveway, Kanis remains a narrow, unimproved roadway. Without improving the intersection, turning movements onto Baker Lane from north to west will be difficult. The Zoning Ordinance requires a land use buffer width of 19 feet along the north perimeter of the site where the new driveway is proposed. The applicants are proposing a buffer width of 10 feet at the point the new driveway turns to the July 10, 2008 ITEM NO.: 8 (Cont.) FILE NO.: Z-5700-B 6 east. A 6-foot tall wood privacy fence is proposed to be constructed along the north property line. Staff is supportive of the reduction in buffer width if evergreen plantings are placed in the buffer to further reduce noise and light spillage from use of the driveway. In general staff is supportive of the proposal. Relocating the stacking off of Kanis Road will greatly improve a difficult traffic problem on Kanis Road. With over 900 feet of Baker Lane and 600± feet of double stacking on the new driveway, much of the stacking on Kanis will be eliminated. Other than the Kanis Road deferral, staff is not aware of any outstanding issues. There is no bill of assurance for this acreage tract. 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. Additional evergreen plantings must be placed in the northern buffer. Staff recommends approval of a variance to allow the reduced buffer. Staff does not support the requested deferral of required improvements to Kanis Road and the Kanis/Baker intersection. PLANNING COMMISSION ACTION: (JULY 10, 2008) The applicant was present. Three registered objectors were present and one e-mail of opposition had been received by staff and forwarded to the Commission. Staff presented the item and a recommendation of approval as noted on the “staff recommendation” above. Staff presented an updated recommendation on the street improvement request for Kanis Road as follows: “Public Works supports a new deferral of one half street improvements on Kanis Road per the Master Street Plan standard for the entire frontage of the Baker Elementary School property and improvements to the intersection of Kanis Road and Baker Lane. The applicant is fulfilling part of the previously approved deferral by constructing one half street improvements to Baker Lane to the Master Street Plan standards. One half street improvements will be deferred on Kanis Road and the intersection of Kanis Road and Baker Lane for 5 years, until future development of the site or until adjacent development, whichever occurs first.” July 10, 2008 ITEM NO.: 8 (Cont.) FILE NO.: Z-5700-B 7 The applicant, Jerry Kelso, addressed the Commission and stated this proposal would greatly help the problem of traffic stacking on Kanis Road, particularly at the time of after-school pick-up. John Bishop who has an office at 14703 Kanis Road addressed the Commission. He stated he did not want to be an impediment to the school but he had concerns about flooding in the area. He stated he wanted assurance that this project would not make matters worse. He presented photographs showing flooding in the area and in his building. Pat Gill, of 14717 Baker Lane, addressed the Commission and also voiced concerns about water runoff and flooding. She expressed concerns about cars parking on Baker Lane. Jerry Kelso responded that improvements to the site would improve drainage, including installation of underground stormwater pipes. He stated the new driveway would provide additional parking on the site during special events. In response to a question from Commissioner Adcock, Mike Hood of Public Works stated the County was aware of the drainage problems in the area. He noted the area was located outside of the City. In response to a question from Commissioner Nunnley, Mr. Hood and the applicant described the improvements to Baker Lane as being a full lane width in new pavement. It was noted that the street widening would provide stacking space, if needed, that would allow the current Baked Lane to remain unblocked. In response to a request from Commissioner Nunnley, Mr. Kelso stated the school would commit to having someone monitor traffic on Baker Lane to assure that no double-stacking of vehicles takes place on the street. Ms. Gill again expressed concerns about water runoff in the area. Mr. Kelso reiterated that the street improvements would include new stormwater pipes that would tie into the existing stormwater system. Vice-Chair Yates stated he trusted Public Works to assure that the drainage system is properly designed and installed. In response to a question from Commissioner Laha, Mr. Hood explained Public Works support for the deferral of street improvements to Kanis Road and the intersection. July 10, 2008 ITEM NO.: 8 (Cont.) FILE NO.: Z-5700-B 8 A motion was made to approve the deferral request. The motion was approved by a vote of 8 ayes, 0 noes and 3 absent. A motion was made to approve the application subject to all staff conditions and recommendations. The application was approved by a vote of 8 ayes, 0 noes and 3 absent. July 10, 2008 ITEM NO.: 9 FILE NO.: Z-8363 NAME: The Anthony School – Conditional Use Permit LOCATION: East side of Watt Street, between Ohio and Illinois Streets OWNER/APPLICANT: Panther Properties, LLC/ Sharon Morgan, Head of School PROPOSAL: A conditional use permit is requested to allow for development of this 4.3± acre, R-2 zoned tract as playing fields, walking trail and parking. 1. SITE LOCATION: The property is located on the east side of Watt Street, between Ohio and Illinois Streets. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in what is primarily a single-family neighborhood, although other uses are in the general area. Single-family homes are located across Illinois Street to the south. Single-family homes, a PDR zoned condominium development and a church are located across Watt Street to the west. Single-family homes, the Anthony School campus and additional condominiums are located across Ohio Street to the north. A large area of vacant property, much of which is owned by the applicant is adjacent to the east. This property is to be developed much as a park and it is staff’s opinion that the use is compatible with the neighborhood. All owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and the Meriwether Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: Two parking lots are proposed. A 28-space parking lot will be built near the north perimeter of the site with access off of Ohio Street. A 19-space parking lot will be built near the south perimeter with access off of Watt Street. July 10, 2008 ITEM NO.: 9 (Cont.) FILE NO.: Z-8363 2 4. SCREENING AND BUFFERS: Site plan must comply with the City’s minimal landscape and buffer ordinance requirements, unless variances are approved. The proposed parking lots appear to be located within the required street(s) buffer area; revise. An automatic irrigation system to water newly landscaped areas will be required. Prior to the issuance of a building permit a landscape plan must be approved and must obtain the seal of a licensed Landscape Architect. 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. A twenty (20) foot radial dedication of right-of-way is required at the intersection of Watt and Illinois Streets. 2. A twenty (20) foot radial dedication of right-of-way is required at the intersection of Watt Street and Ohio Street. 3. At time of development, sidewalks with appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan to be installed along Illinois Street and Ohio Street placed at the property line. The sidewalk on Watt is located at the back of curb. The proposed plan shows differently. Is the sidewalk going to be moved? 4. At the time of development, repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 5. At the time of development, 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. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 6. At the time of development, storm water detention ordinance applies to this property. The proposed location for storm water detention facilities is shown on the plan. July 10, 2008 ITEM NO.: 9 (Cont.) FILE NO.: Z-8363 3 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this property. Entergy: No comment received. Centerpoint Energy: No comment received. AT&T (SBC): No comment received. Water: Contact Central Arkansas Water regarding water needs and meter location(s). Fire Department: Approved as submitted. County Planning: No Comments. CATA: The site is not located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (JUNE 12, 2008) The applicants were present. Staff presented the item and noted some additional information was needed on the project. Staff asked the applicants to locate and describe fencing, signage and dumpster location. Staff asked who would be using the sports fields; if organizations other than The Anthony School would use the fields. The applicants were asked when the parking lot gates would be open and if there were pedestrian gates. Staff asked if the area would be accessible to neighborhood residents and if the parking lots would be used by schoolteachers and employees. Landscape, Utility and Public Works Comments were discussed. It was noted that the street buffers adjacent to the parking lots fell below the ordinance standards. In response to a question from staff, the applicants stated the school would be holding a meeting to present the project to neighborhood residents. The applicants were advised to respond to staff issues by Wednesday, June 18, 2008. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: The Anthony School is requesting approval of a conditional use permit to allow for development of multi-purpose playing fields, a walking trail and two parking July 10, 2008 ITEM NO.: 9 (Cont.) FILE NO.: Z-8363 4 lots on the vacant R-2 zoned, 4.3 acre tract located on the east side of Watt Street, between Ohio and Illinois Streets. Portions of the site were previously occupied by a church and its facilities. Remnants of that prior occupancy are still visible. A concrete lined drainage ditch bisects the site, running east to west approximately at the middle of the tract. The school proposes to redevelop the drainage ditch, removing the concrete and converting it into a more natural environment. The restored drainage area will serve as detention and will be incorporated into the park-like atmosphere of the development. North of the restored detention area, a multipurpose playing field and a 28-space parking lot will be constructed. Access to the parking lot will be from a single driveway onto Ohio Street. South of the detention area, a second multipurpose playing field and a smaller, 19-space parking lot will be built. Access to this parking lot will be from a single driveway onto Watt Street. A walking trail will wind through the site, around the playing fields and via a bridge over the restored creek. The multipurpose fields will be utilized by students of The Anthony School. Other organizations will be permitted to use the playing fields when available. The fields and walking trail will be available for use by all residents of the neighborhood. A 6-foot tall, decorative and security ground chain link fence will be located along the three street perimeters of the site. A 6-foot tall, wood privacy fence will be located along the east perimeter. Signage will be placed at the entrances to the playing fields on Watt Street and Ohio Street. Signage will be placed along the walking trail. Gates will be placed across the driveways accessing the parking lots. The parking lots will be used by facility and staff of The Anthony School during working business hours, which are Monday through Friday, 7:00 a.m. to 5:30 p.m. The parking lots will be also be available during special events at The Anthony School and when events are occurring on the playing fields. The gates will be closed when the parking lots are not in use. Two pedestrian gates will be available; one on Watt Street and one at the corner of Ohio Street and Watt Street. Access to the site for neighborhood residents will be available through the pedestrian gates. The sports fields will be illuminated with light fixtures that “eliminate light spill and glare”. Staff is supportive of the proposal. The Anthony School is developing what amounts to a 4+ acre park. Use of the site will be made available to neighborhood residents. This type of development fits within the City’s overall concept of creating a city in a park. Utilizing both public and private resources, one concept of the Plan is the “eight block strategy”. By this concept, every resident of the City will be within eight blocks of some type of public green space or public or private park. To further the goal of the City in a Park concept, the City should utilize as many of the area’s existing and new resources as possible July 10, 2008 ITEM NO.: 9 (Cont.) FILE NO.: Z-8363 5 to diversify recreational leisure and living opportunities. The proposal also fits within the City’s goal of establishing open spaces to enhance residents’ quality of life. The restoration of the drainage way, the walking trails and play fields provide open space opportunities for area residents. There are variances required to allow a slight reduction in the street buffers adjacent to the two parking lots. The street buffers will be heavily landscaped to mitigate the visual impact of reducing the buffer depth. To staff’s knowledge, there are no outstanding issues. The applicants submitted responses to the issues raised at Subdivision Committee, as noted in the analysis above. To staff’s knowledge, there is no bill of assurance issue. The tract is composed of parcels from several older additions and some unplatted property. The site will be replatted into a single tract. 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. Signage is to be limited to that allowed for nonresidential uses in residential zones; 6 feet in height and 24 square feet in area. 3. All site lighting is to be shielded downward and into the site to eliminate light spill off of the site. The sports field lighting is to be turned off not later than 10:00 p.m. Staff recommends approval of a variance to allow a reduction in the depth of the street buffers adjacent to the parking lots as indicated subject to additional plantings being installed in those buffers. PLANNING COMMISSION ACTION: (JULY 10, 2008) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation” above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff. The vote was 8 ayes, 0 noes and 3 absent. July 10, 2008 ITEM NO.: 10 FILE NO.: Z-8365 NAME: Gutierrez Retail Sales – Conditional Use Permit LOCATION: 7415 Geyer Springs Road OWNER/APPLICANT: Juan Gutierrez PROPOSAL: A conditional use permit is requested to allow retail clothing and accessory sales within a portion of one existing building on this C-4 zoned tract. 1. SITE LOCATION: The property is located on the east side of Geyer Springs Road, between I-30 and Forbing Road. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located within an area of mixed commercial zoning and uses. Commercial uses extend along both sides of Geyer Springs Road to the north and south of the site. An R-5 zoned multifamily development is located to the southeast. This building is one of several on the site that were previously occupied by a building materials company. Allowing its use as a retail sales business is compatible with uses and 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 Wakefield and SWLR United for Progress Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: The site is accessed via a driveway off of Geyer Springs Road. Existing parking is located in front of and beside this building. The parking is shared with another adjacent lot which is occupied by a retail business also owned by the applicant. The parking is sufficient for the proposed use. If necessary, there is additional space located behind the building which could be developed for additional parking. 4. SCREENING AND BUFFERS: No requirements for this use-only issue. Any trees that could be planted on the site are encouraged but not required. July 10, 2008 ITEM NO.: 10 (Cont.) FILE NO.: Z-8365 2 5. PUBLIC WORKS COMMENTS: 1. Geyer Springs Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way forty-five (45) feet from centerline will be required. 2. Obtain a franchise agreement from Public Works (Bennie Nicolo, 371-4818) for the private improvements located in the newly dedicated right-of-way. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer is available to this property. Entergy: No comment received. CenterPoint Energy: No comment received. AT&T (SBC): No comment received. Water: Contact Central Arkansas Water if larger and/or larger meter is needed. No objection to modified use. Fire Department: Approved as submitted. County Planning: No Comments. CATA: The site is located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (JUNE 12, 2008) The applicant, Juan Gutierrez, and his son David were present. Staff presented the item and noted little additional information was needed. Staff asked the applicant to provide days and hours of operation and to indicate what percentage of the building the business would occupy. Staff asked what other uses were located on the site. Staff asked for a signage plan. The applicant responded that there would be a wall sign on the front of the building and signage on the existing ground sign shared with another business on the site also owned by the applicant. He stated the business hours would be Monday through Saturday, 10:00 a.m. to 7:00 p.m. Public Works and Utility Comments were noted. Staff explained the requirement to dedicate right-of-way per the Master Street Plan. July 10, 2008 ITEM NO.: 10 (Cont.) FILE NO.: Z-8365 3 The applicant was advised to respond to staff issues by Wednesday, June 18, 2008. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: The applicants are requesting approval of a conditional use permit to allow retail clothing and accessory sales within a portion of one building on the C-4 zoned property located at 7415 Geyer Springs Road. The overall development consists of two lots. Lot 1 contains a single building housing a restaurant, grocery store and bakery which cater primarily to the area’s Hispanic community. Lot 2 contains a 7,412± square foot commercial building, a one-story residential structure and an open, shed building that is a vestige of the site’s prior occupancy by a lumber yard. The commercial building on Lot 2 is currently occupied by a tortilleria and storage space. The applicant proposes to utilize approximately 2,000 square feet of this building for the retail clothing and accessory business. The business will operate Monday through Saturday, 10:00 a.m. to 7:00 p.m. Signage will consist of a wall sign on the front (west) façade of the building and space on the existing ground sign near Geyer Springs Road. Existing parking is located in front of and beside the building. Additional area is available for development as parking behind the building if the need arises. Staff is supportive of the request. To staff’s knowledge there are no outstanding issues. The property is located within an area of mixed commercial uses and zoning. The proposed clothing store is compatible with uses and zoning in the area. There is no bill of assurance issue. STAFF RECOMMENDATION: Staff recommends approval of the requested conditional use permit subject to compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda Staff Report. PLANNING COMMISSION ACTION: (JULY 10, 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. July 10, 2008 ITEM NO.: 10 (Cont.) FILE NO.: Z-8365 4 The item was placed on the consent agenda and approved for deferral to the August 21, 2008 meeting. The vote was 8 ayes, 0 noes and 3 absent. July 10, 2008 ITEM NO.: 11 FILE NO.: G-25-201 NAME: Old Shackleford Road Street Name Change LOCATION: Old Shackleford Road, north of West 36th Street PETITIONER: Charles L. “Chuck Clifton REQUEST: To rename that portion of Old Shackleford Road located north of West 36th Street to “Shackleford Pass”. Abutting Uses and Ownerships: A variety of uses abut this portion of street. Two PCD zoned properties are located at the north end of the street. One is occupied by a lock and key company and the second is occupied by a contractor’s office. One single-family residence is located on the east side of the street. One occupied single-family residence and an occupied mobile home are located on the west side of the street. Another property contains a vacant single-family residence. Three properties near the south end of the west side of the street contain two residential structures and a non-residential structure. These three structures are occupied by a ministry. There are several vacant properties along the street. Neighborhood Effect: The address change will affect three occupied residences, the two businesses, the ministry and the unoccupied residence. There should be no effect on the neighborhood at large. The street is only two blocks in length, from Shackleford to 36th Street. At 36th Street, there is a substantial offset, with Old Shackleford continuing to the south for only a short distance. Neighborhood Position: There are 16 properties located adjacent to the street. The owners of 11 of those properties have signed the petition in support of the name change. All parties will be notified of the hearing. The John Barrow Neighborhood Association was notified of the request. Effect on Public Services: No objections have been voiced by any reviewing agency. Two street name signs will be needed. July 10, 2008 ITEM NO.: 11 (Cont.) FILE NO.: G-25-201 2 Staff Analysis: The owners of the majority of properties abutting Old Shackleford Road between Shackleford Road and West 36th Street, have submitted a petition asking that the street be renamed “Shackleford Pass”. The street is two blocks in length. There is a substantial offset at 36th Street with Old Shackleford Road continuing only a short distance to the south. The offset assures there will be no confusion with the name change between the two portions of Old Shackleford. The applicants believe there is a negative connotation associated with the name “Old Shackleford” that will be eliminated with the new name. STAFF RECOMMENDATION: Staff recommends approval of the requested street name change for that portion of Old Shackleford Road, between Shackleford Road and West 36th Street. PLANNING COMMISSION ACTION: (JULY 10, 2008) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation” above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff. The vote was 8 ayes, 0 noes and 3 absent. July 10, 2008 ITEM NO.: 12 FILE NO.: LA-0021 NAME: Glenn Ridge Crossing Land Alteration Variance Request LOCATION: South of Colonel Glenn Road and West of Interstate 430 along Colonel Glenn Plaza Loop. APPLICANT: Steve Hockersmith with PDC APPLICANT’S REPRESENTATIVE: The Holloway Firm, Inc. AREA: 53 +/- acres CURRENT ZONING: C3 VARIANCES/WAIVERS REQUESTED: A variance from the Land Alteration Regulations to advance clear and grade with construction not being imminent. A. PROPOSAL/REQUEST: Applicant is requesting a variance from the Land Alteration Regulations to advance clear and grade portions of Glenn’s Ridge Crossing with construction not being imminent. The 53 acre property is located South of Colonel Glenn Road and West of Interstate 430 along Colonel Glenn Plaza Loop. The lot that has imminent construction has low lying areas that need to be filled. There are two excavation areas, adjacent to the developing area, that are proposed to be cut down and use that material to fill in a low lying area where construction is imminent. This excavation material will also be used for the construction of the remaining portions of Colonel Glenn Plaza Loop which is a condition of the developing property. B. EXISTING CONDITIONS: This approximately 53 acre C3 zoned property is hilly tract land partially developed and partially covered in trees. Developed C4 zoned property is located on the north which consists of the Rave Theatre and several car lots. Playtime Pizza is located adjacent to the grading areas. On the south, the property is tree covered partially developed land zoned R2. J.A. Fair high school is located to the west with R2 zoning. Interstate 430 is located to the east. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any phone calls or letters asking questions or requesting additional information. July 10, 2008 ITEM NO.: 12 (Cont.) FILE NO.: LA-0021 2 D. ENGINEERING COMMENTS: 1. If disturbed area is 1 or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 2. Hauling of fill material on or off site over municipal streets and roads requires approval prior to a grading permit being issued. Contact Publioc Works Traffic Engineering at 621 S. broadway, 379-1805 (Travis Herbner) for more information. 3. All slopes must be 3:1 (H:V) or less unless there are rock outcroppings that prevent such grading and approved by Public Works. Contact Nathan Charles at 918-5348 for approval. 4. Tracking of mud and dirt onto City streets is not permissible on city streets. A tracking pad must be installed per Little Rock Code Sec. 29-190 (12). 5. Erosion controls must be installed and maintained to reduce discharge of polluted stormwater. 6. Per Little Rock Code Sec. 29-190(14), a perimeter buffer strip shall be temporarily maintained around disturbed areas for erosion control purposes and shall be kept undisturbed except for reasonable access for maintenance. The width of the strip shall be 6% of the lot width and depth. The minimum width shall be twenty-five (25) feet and the maximum shall be forty (40) feet. 7. Vegetation must be established on disturbed area within 21 days of completion of harvest activities. 8. 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. 9. Provide schedule of construction including clearing, grading, and seeding of the lots without imminent construction. 10. Due to the downstream drainage capacity, storm water detention ordinance applies to these properties. Show the proposed location for stormwater detention facilities on the plan. Temporary detention ponds should be installed on property without imminent construction. 11. The zoning map shows a zoned Open Space buffer on the south and west of the proposed excavation area 2. July 10, 2008 ITEM NO.: 12 (Cont.) FILE NO.: LA-0021 3 E. SUBDIVISION COMMITTEE COMMENTS: (June 12, 2008) The applicant was present. Staff stated the comments as written above. The applicant’s representatives, Eric Holloway with the Holloway Firm, stated the clearing and grading will comply with Little Rock code, staff recommendations, and comments. F. ANALYSIS: The request is to excavate dirt from two areas without imminent construction and fill a low lying area within Colonel Glenn Plaza Loop that does have imminent construction. Proposed excavation area 1 is 4 acres of lot 3 and is located along the east side of Col. Glenn Plaza Loop, north east of Playtime Pizza, and west of Interstate 430. Approximately 26,000 CY of net excavation material is proposed from this area. A 50’ buffer will be maintained along the east side of this site. Proposed excavation area 2 is located within portions of Lots 5, 9, and 10. Approximately half of this area will be cleared and approximately 77,000 CY of net excavation material is proposed from this site. This area is located on the south west portion of Glenn Ridge Crossing. The southern and western boundaries of this area will be maintained as zoned open space land. The proposed fill area is 12.74 acres and is shown to have approximately 44,000 CY of fill for this site. This site is located within Colonel Glenn Plaza Loop which is lot 6 and 7. Lot 6 has imminent construction. Lot 7 has prior approval from the May 8th, 2008 planning commission to advance grade the site with construction not being imminent. The excess excavation material will be used to build up the un-built portion of Colonel Glenn Plaza Loop to proper grade. G. STAFF RECOMMENDATION: The applicant has agreed to comply with the Public Works comments. Staff does support the clearing as described without imminent construction. This variance approval will be an important piece of the development of the site with minimum future dirt work. The lot with imminent construction is a low lying area that needs to be built up in order for the property to develop. There is excess fill material available in the surrounding lots that will need to be excavated in order for those properties to develop. Staff believes that this is an acceptable exception to the Land Alteration Regulations since dirt quantities will be balanced on site and no haul off will occur. The dirt balancing is needed in order to allow the sites to be developed without dirt needing to be hauled in or off in future developments. Staff believes the lots without imminent construction will be built in the near future based on surrounding development. A condition of the development of lot 6, which has imminent construction, is to finish the road construction of Colonel Glenn Plaza Loop. This road needs to be built up so some of the fill material from the excavation areas will be used for the construction of this road. Excavation cannot begin within areas 1 and 2 which do not have imminent construction until construction begins on Lot 6 and/or Colonel Glenn Plaza Loop. July 10, 2008 ITEM NO.: 12 (Cont.) FILE NO.: LA-0021 4 PLANNING COMMISSION ACTION: (JULY 10, 2008) A letter was received from the applicant dated July 10, 2008 requesting the item be deferred to the August 21, 2008 Planning Commission Agenda. The item was placed on consent deferral and approved by a vote of 8 ayes, 0 noes, and 3 absent.