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pc_09 18 2008sub LITTLE ROCK PLANNING COMMISSION SUBDIVISION HEARING SUMMARY AND MINUTE RECORD SEPTEMBER 18, 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: Lucas Hargraves J. T. Ferstl Obray Nunnley, Jr. Troy Laha Jeff Yates Jerry Meyer William Rector Chauncey Taylor Members Absent: Pam Adcock Darrin Williams Valerie Pruitt City Attorney: Cindy Dawson III. Approval of the Minutes of the August 7, 2008 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION SUBDIVISION AGENDA SEPTEMBER 18, 2008 OLD BUSINESS: Item Number: File Number: Title: A. S-1544-A Ventana Ridge Revised Preliminary Plat, located on the South side of Lawson Road, approximately 1 mile West of the David O Dodd Intersection. B. S-867- EEEEEEE Lot 1 Tract 94 Chenal Valley Apartments Subdivision Site Plan Review, located on the Southwest corner of LaGrande Drive and Rahling Road Extension. C. Z-4807-J Lot 3, Tract 94 Chenal Valley Long-form PCD, located on the Southwest corner of LaGrande Drive and Rahling Road Extension. D. Z-4807-K Lot 2, Tract 94 Chenal Valley Long-form PD-R, located on the Southwest corner of LaGrande Drive and Rahling Road Extension. E. Z-4213-J The Look Out at Colonel Glenn Long-form PCD, located on the Northwest corner of Colonel Glenn Road and Lawson Road. F. Z-7603-E Cantrell Falls Lot 1 Short-form PCD, located at 14910 Cantrell Road. G. Z-8233-A Lot 25, Longleaf Cove Short-form POD, located on the West side of South Katillus Road approximately 300 feet South of Cantrell Road. H. LU08-09-02 A Land Use Plan Amendment in the I-630 Planning District located in the 3600 Block of West 11th Street from Single Family to Mixed Use. H.1. Z-8367 BCD Empowerment Center Short-form POD, located at 3604 West 12th Street. Agenda, Page Two NEW BUSINESS: I. PRELIMINARY PLATS: Item Number: File Number: Title: 1. S-289-B Brimer Subdivision Preliminary Plat, located on Mabelvale Cut-off, North of Brimer Road. II. PLANNED DEVELOPMENTS: Item Number: File Number: Title: 2. Z-4509-A Levi Short-form PD-R, located at 100 Rice Street. 3A. LU08-11-02A A Land Use Plan Amendment in the I-430 Planning District located at the southwest corner of Kanis and Shackleford Roads. 3B. LU08-11-02B A Land Use Plan Amendment in the I-430 Planning District located at the southeast corner of Kanis and Shackleford Roads. 3.1. Z-4565-A Kanis/Shackleford Lot 2 Short-form PCD, located just West of Kaufman Road in the 10700 Block of Kanis Road. 4A. LU08-04-02A A Land Use Plan Amendment in the Heights Hillcrest Planning District located near Kavanaugh Boulevard and Hillcrest Road from Single Family and Multi Family to Public Institutional. 4B. LU08-04-02B A Land Use Plan Amendment in the Heights Hillcrest Planning District located near Kavanaugh Boulevard between J Street and I Street from Low Density Residential to Multi Family and for other changes. 4.1. Z-6883-A Harp’s Quadplex Short-form PD-R, located at 5212 I Street. Agenda, Page Three II. PLANNED DEVELOPMENTS: (CONTINUED) Item Number: File Number: Title: 5. LU08-29-01 A Land Use Plan Amendment in the Barrett Planning District located at the north side of Highway 10 near Morgan Cemetery Road from Transition to Mixed Office Commercial. 5.1. Z-7948-B Morgan Lot 2 Short-form POD, located on the Northwest corner of Cantrell Road and Morgan Cemetery Road. 6. Z-8293-A Price Short-form PD-R, located at 8405 Ferndale Cut-off. 7. Z-8380-A Childress Short-form PD-R, located at 4923 Woodlawn Avenue. 8. Z-8385 2105 South Taylor Street Short-form PD-R, located at 2105 South Taylor Street. 9. Z-8386 Tract 2 Asbury Acres Short-form PD-R, located in the 800 Block of Kirby Road. 10. Z-8387 Hick’s Short-form POD, located at 209 North Pierce Street. September 18, 2008 ITEM NO.: A FILE NO.: S-1544-A NAME: Ventana Ridge Revised Preliminary Plat LOCATION: Located on the South side of Lawson Road, approximately 1 mile West of the David O Dodd Intersection DEVELOPER: Emprise, LLC 1 Sunset Lake Drive Little Rock, AR 72210 ENGINEER: Civil Design, Inc. 16623 Cantrell Road, Suite 2C Little Rock, AR 72223 AREA: 212 acres NUMBER OF LOTS: 44 FT. NEW STREET: 10,657 LF CURRENT ZONING: R-2, Single-family PLANNING DISTRICT: 21 – Burlingame Valley CENSUS TRACT: 42.02 VARIANCES/WAIVERS REQUESTED: 1. A variance from the Master Street Plan to allow the construction of the proposed Collector Street to County Collector Street standard which includes the allowance of a variance for a maximum road grade for a collector street to 15 percent in-lieu of the 12 percent allowed by the City’s Master Street Plan. BACKGROUND: On October 26, 2006, the Little Rock Planning Commission approved a preliminary plat to develop this 212 acres into 161 single-family lots with an average lot size of one acre and a minimum lot size of 0.3 acres. An area along Lawson Road was indicated in two tracts (Tract 1, 2.9 acres and Tract 2, 5.9 acres) for future development. The development was proposed in three phases; Lots 1 – 131 in the first phase, Lots 132 – 161 in the second phase and the third phase was identified on the proposed plat without a development plan. According to the applicant, once development plans were secured, a revised preliminary plat would be sought for approval for the proposed lot configuration. A total of 17,700 linear feet of new public street was proposed, constructed to Master Street Plan standard. The applicant proposed annexation to the City of September 18, 2008 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: S-1544-A 2 Little Rock to receive sanitary sewer service. The annexation has not been approved and the applicant’s property remains in Pulaski County. A. PROPOSAL/REQUEST: The applicant is now proposing to subdivide this 212 acre tract of residentially zoned property into forty-four (44) estate style residential lots. The subdivision is proposed in four (4) phases. The lots will be developed utilizing Central Arkansas Water and individual disposal permits by each of the lot owners. All the lots are indicated in excess of three acres, which exempts them from pre-approval perk testing by the Health Department. The streets will be developed utilizing County Master Road Plan standards, which will allow Ventana Ridge Drive to develop without curb, gutter and sidewalk and utilizing open ditches for drainage. The subdivision is proposed with platted building lines per the typical ordinance standards. B. EXISTING CONDITIONS: The site is located south of Lawson Road outside the City limits but within the City’s Extraterritorial Planning Jurisdiction. There are single-family homes located in the area along Lawson Road. McHenry Creek is located along the plat’s northern boundary. The site is located adjacent to the City limits along the southeastern portion of the proposed plat area. The Plantation Acres subdivision is located along the southwestern portion of the proposed plat area. The site is wooded with varying degrees of topography. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area property owners. All abutting property owners of the site along with Southwest United for Progress were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Lawson 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. Street centerline horizontal and vertical alignments must meet the Master Street Plan standards. The maximum centerline grade for collector streets is 12%, the maximum centerline grade for residential streets is 15%, and the maximum centerline grade for minor residential streets is 16%. Ventana Ridge Drive (future collector) should have September 18, 2008 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: S-1544-A 3 superelevated curves per AASHTO standards and be constructed per the Master Street Plan standards for a local-residential street with open ditches. This type street has a 68 foot wide right-of-way; 24 feet of pavement; and 6 foot paved shoulders. Contact Bill Henry of Traffic Engineering at 379-1816 for additional information. 3. Submit a letter certified by a Professional Engineer registered in the State of Arkansas stating that all streets will provide the required intersection sight distance. Analysis must be done in accordance with the 2004 Edition of the AASHTO Green Book. Avoid planting trees or shrubs in line of sight that may cause sight obstruction. 4. 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. 5. The residential streets must be constructed per the Pulaski County road standards. 6. 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. 7. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvements to Lawson Road including 5-foot sidewalks with the planned development. Lawson Road should be constructed with the back of curb placed 29.5 feet from centerline and the back of the sidewalk placed on the property line. 8. Floodplain exists in the proposed subdivision. Contact Pulaski County Planning Department for requirements pertaining to construction in the floodplain. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: The site is located outside the current service boundary of the City of Little Rock. Provide the means of wastewater disposal and a certification from the appropriate agency concerning the proposed method of treatment. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. September 18, 2008 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: S-1544-A 4 Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Water main extensions will be required. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: Install and place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: The plat will also be reviewed by the Pulaski County Planning Board. 1. Show abutting property owners. 2. Place note on the plat and in the Bill of Assurance describing the purpose of Tract 1, Phase 1. 3. Provide drainage plan (showing drainage on and off the property) and provide a street plan and centerline profile. 4. Change the street name for West Ridge Road as it conflicts with an existing County road. 5. Provide a note in the Bill of Assurance limiting access on Lot 13, Phase 1. 6. Provide proof of fire protection. 7. Label Lots 13, 14, and 15 on Phase 1, Plate 1. 8. Show floodway, put notes and place the correct minimum floor elevation information on the plat. 9. Show Plate 2 on the vicinity map. 10. Build and dedicate Ventana Ridge flush with the south property line. Show contour index. 11. Verify site distance at all intersections. 12. Show details and provide No Adverse Impact on development in the floodway. 13. Maximum grade on a collector (Ventana Ridge) is 15%. 14. Radius on the collector is short of the 300 feet required. 15. Correct the spelling of the surveyor’s name in the plat notes. 16. The pond should be removed from the public R-O-W (Lot 10). September 18, 2008 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: S-1544-A 5 17. Place note on the plat and in the Bill of Assurance limiting access to one street per lot. 18. This project as designed is a health, safety and welfare issue because its only means of ingress and egress crosses a floodway. CATA: The site is not located on a dedicated CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (July 17, 2008) Mr. James Dreher was present representing the request. Staff presented an overview of the proposed development stating there were additional items necessary to complete the review process. Staff requested the applicant provide the zoning classification within the plat boundary and of abutting properties. Staff also questioned if variances were being requested to allow the street grades as indicated. Mr. James Dreher stated the grades indicated were County standards and questioned if a variance was necessary. Staff noted the City’s Master Street Plan did not allow the grades indicated and a variance would be required to allow the street to develop as indicated. Public Works comments were addressed. Staff stated Lawson Road would require dedication and street construction per the Master Street Plan. Staff also stated there was concern with sight distances at intersections within the proposed plat boundary. Staff requested Mr. Dreher provide a Sight Distance Certification per AASHTO standard. Staff noted streetlights would be required. Mr. Dreher stated provisions would be made per Section 31-403(c)(1) of the Little Rock Code of Ordinances. This section requires the developer provide facilities that will enable standard lighting design to be installed at some future date, at no additional cost. The facilities are to include power service to the point of placement of poles and fixtures. Easements are required to allow the future lighting plan. Staff stated they were supportive of allowing the rural subdivision to develop utilizing County standards for street design. September 18, 2008 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: S-1544-A 6 Mr. Dreher stated he had contacted the State Health Department and in their opinion lots in excess of three (3) acres were not considered a subdivision. He stated the individual perk test and sanitary sewer disposal placement would be the responsibility of the individual lot owners. Pulaski County comments were addressed. Staff stated Ventana Ridge was to be constructed flush with the southern property line. Staff also stated they were concerned with only one access to the subdivision and that access being located across a floodway. Staff stated they felt this could become a health, safety and welfare issue if a disaster occurred. Staff stated there was a possibility of the only access being blocked and washed out by a flood and this would not allow any access for emergency personnel. Mr. Dreher stated he would meet with the County and discuss options to allow for the development of the subdivision and address staff’s concerns related to the access. 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: Mr. Dreher submitted a revised preliminary plat addressing a number of the issues raised at the July 17, 2008, Subdivision Committee meeting. The applicant has provided the zoning classification within the plat boundary and of the abutting properties and requested a variance from the Master Street Plan to allow the collector street to be constructed to County Master Road Plan standards. The plat indicates Ventana Ridge has been designed to follow the ridge and if the plat is changed to allow a 90-degree angle with the property line grades become an issue. The applicant has indicated the road will be constructed flush with the south property line, but will not be realigned to be at a 90-degree angle with the property line. A total of 10,657 liner feet of new public street is proposed within the subdivision. Staff is supportive of the design as proposed. The development is proposed with forty-four (44) estate style residential lots created from this 212 acre tract. The subdivision is proposed in four (4) phases. Lots 1 – 18 will be developed in the first phase. The second phase is proposed with the development of ten additional lots, Lots 19 - 28. Phase 3 includes Lots 29 – 35. The final phase is proposed with the development of Lots 36 – 44. The lots will be developed utilizing Central Arkansas Water and individual disposal permits by each of the lot owners. September 18, 2008 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: S-1544-A 7 All the lots are indicated in excess of three acres, which exempts them from pre-approval perk testing by the Health Department. According to the State Health Department lots in excess of three acres are not considered a subdivision therefore do not require pre-approval of septic systems. The streets will be developed utilizing County Master Road Plan standards and a design standard per the City’s Master Street plan which will allow the streets to develop without curb, gutter and sidewalk and utilizing open ditches for drainage. Ventana Ridge will be constructed per the City’s Local – Industrial Street standard with open ditches. This design requires a 68 foot right of way. Contained within the right of way is 28 feet of paving, six foot paved shoulder, four foot green shoulder, ditch and a ten foot utility easement. The street is proposed constructed to County Master Road Plan standards which allows a 15 percent grade in-lieu of the typical 12 percent grade allowed by the City’s Master Street Plan. The remainder of the streets will be constructed per the Master Street Plan for local residential streets with open drainage. The residential streets require the placement of a 68-foot right of way. Contained within the right of way is a 24 foot paved surface, six foot paved shoulder, six-foot drainage ditch and a ten foot utility easement per the City’s standard. The subdivision is proposed with platted building lines per the typical ordinance standards. The building line proposed along Lawson Road is 35-feet. The building line proposed along the collector street, Ventana Ridge is 30 feet and the building line proposed along the residential streets is 25-feet. The County has indicated a conditional support for allowing the single access to the development. According to Pulaski County Department of Planning the applicant is required to secure a letter of map revision from the Corp of Engineers removing the proposed street entrance from the floodway. Staff is supportive of the request. The development is proposed with lot sizes ranging from 3.01 acres to in excess of 5.0 acres. The average lot size proposed is 4.42 acres. The development is proposed with a density of 0.2 units per acre. To staff’s knowledge there are no outstanding technical issues associated with the request. Staff feels the development of the subdivision with estate type lots should not adversely impact on the area. September 18, 2008 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: S-1544-A 8 I. STAFF RECOMMENDATIONS: 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. Staff recommends approval of the variance request from the Master Street Plan to allow an increased street grade for the proposed collector street. PLANNING COMMISSION ACTION: (AUGUST 7, 2008) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated July 31, 2008, requesting a deferral of this item to the September 18, 2008, public hearing. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The Chair entertained a motion for placement of the item on the Consent Agenda for Deferral as recommended by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. STAFF UPDATE: The applicant submitted a request dated September 8, 2008, requesting a deferral of this item to the October 30, 2008, public hearing. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated September 8, 2008, requesting a deferral of this item to the October 30, 2008, public hearing. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The chair entertained a motion for placement of the item on the consent agenda for deferral. The motion carried by a vote of 6 ayes, 0 noes and 5 absent. September 18, 2008 ITEM NO.: B FILE NO.: S-867-EEEEEEE NAME: Lot 1 Tract 94 Chenal Valley Apartments Subdivision Site Plan Review LOCATION: Located on the Southwest corner of LaGrande Drive and Rahling Road Extension DEVELOPER: Richland/Deltic Timber Company 7 Chenal Club Circle Little Rock, AR 72223 ENGINEER: White Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 22.7 + acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: MF-18 PLANNING DISTRICT: 19 – Chenal Planning District CENSUS TRACT: 42.11 VARIANCES/WAIVERS REQUESTED: None requested. The applicant submitted a request dated July 17, 2008, requesting a deferral of this item to the September 18, 2008, public hearing. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (AUGUST 7, 2008) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated July 17, 2008, requesting a deferral of this item to the September 18, 2008, public hearing. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The Chair entertained a motion for placement of the item on the Consent Agenda for Deferral as recommended by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. September 18, 2008 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: S-867-EEEEEEE 2 STAFF UPDATE: The applicant submitted a request dated September 9, 2008, requesting a deferral of this item to the October 30, 2008, public hearing. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated September 9, 2008, requesting a deferral of this item to the October 30, 2008, public hearing. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The chair entertained a motion for placement of the item on the consent agenda for deferral. The motion carried by a vote of 6 ayes, 0 noes and 5 absent. September 18, 2008 ITEM NO.: C FILE NO.: Z-4807-J NAME: Lot 3, Tract 94 Chenal Valley Long-form PCD LOCATION: Located on the Southwest corner of LaGrande Drive and Rahling Road Extension DEVELOPER: Deltic Timber Company 7 Chenal Club Circle Little Rock, AR 72223 ENGINEER: White Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 8.38 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: MF-18 ALLOWED USES: Multi-family 18 units per acre PROPOSED ZONING: PCD PROPOSED USE: C-3, General Commercial District and O-3, General Office District VARIANCES/WAIVERS REQUESTED: None requested. The applicant submitted a request dated July 17, 2008, requesting a deferral of this item to the September 18, 2008, public hearing. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (AUGUST 7, 2008) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated July 17, 2008, requesting a deferral of this item to the September 18, 2008, public hearing. Staff stated they were supportive of the deferral request. September 18, 2008 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-4807-J 2 There was no further discussion of the item. The Chair entertained a motion for placement of the item on the Consent Agenda for Deferral as recommended by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. STAFF UPDATE: The applicant submitted a request dated September 9, 2008, requesting a deferral of this item to the October 30, 2008, public hearing. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated September 9, 2008, requesting a deferral of this item to the October 30, 2008, public hearing. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The chair entertained a motion for placement of the item on the consent agenda for deferral. The motion carried by a vote of 6 ayes, 0 noes and 5 absent. September 18, 2008 ITEM NO.: D FILE NO.: Z-4807-K NAME: Lot 2, Tract 94 Chenal Valley Long-form PD-R LOCATION: Located on the Southwest corner of LaGrande Drive and Rahling Road Extension DEVELOPER: Richland/Deltic Timber Company 7 Chenal Club Circle Little Rock, AR 72223 ENGINEER: White Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 8.02 + acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: POD, R-2, Single-family and MF-24 ALLOWED USES: Office, Single-family and Multi-family up to 24 units per acre PROPOSED ZONING: PD-R PROPOSED USE: Multi-family 13.97 units per acre VARIANCES/WAIVERS REQUESTED: None requested. The applicant submitted a request dated July 17, 2008, requesting a deferral of this item to the September 18, 2008, public hearing. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (AUGUST 7, 2008) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated July 17, 2008, requesting a deferral of this item to the September 18, 2008, public hearing. Staff stated they were supportive of the deferral request. September 18, 2008 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: Z-4807-K 2 There was no further discussion of the item. The Chair entertained a motion for placement of the item on the Consent Agenda for Deferral as recommended by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. STAFF UPDATE: The applicant submitted a request dated September 9, 2008, requesting a deferral of this item to the October 30, 2008, public hearing. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated September 9, 2008, requesting a deferral of this item to the October 30, 2008, public hearing. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The chair entertained a motion for placement of the item on the consent agenda for deferral. The motion carried by a vote of 6 ayes, 0 noes and 5 absent. September 18, 2008 ITEM NO.: E FILE NO.: Z-4213-J NAME: The Look Out at Colonel Glenn Long-form PCD LOCATION: Located on the Northwest corner of Colonel Glenn Road and Lawson Road DEVELOPER: R. Huckaby Development Company 30 Bretagne Circle Little Rock, AR 72223 ENGINEER: White Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 6.6 acres NUMBER OF LOTS: 3 FT. NEW STREET: 500 LF CURRENT ZONING: O-3, General Office District ALLOWED USES: General Office PROPOSED ZONING: PCD PROPOSED USE: O-3, General Office, C-1, Neighborhood Commercial and C-3, General Commercial VARIANCES/WAIVERS REQUESTED: 1. A variance from the Land Alteration Ordinance to allow grading of the three lots with the construction of the first building. 2. A variance from the Master Street Plan to allow an increased vertical profile of an arterial street. 3. A variance from the Master Street Plan to allow an increased vertical profile of a minor commercial street. 4. A variance from the Master Street Plan to allow an increased intersection grade at Huckaby Corporate Drive and Colonel Glenn Road. September 18, 2008 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: Z-4213-J 2 A. PROPOSAL/REQUEST: The property is located at the Northwest corner of Lawson Road and Colonel Glenn Road. The developer intends to subdivide the property into three (3) lots. Lot 1 is proposed for future C-3, General Commercial District uses and Lot 2 is proposed with a spec building with C-1, Neighborhood Commercial uses. Lot 3 is proposed with a seven story office building utilizing O-3, General Office District uses and the allowance of accessory uses as defined in the O-3, General Office Zoning District. Lot 1 will contain 1.32 acres. Lot 2 will contain 1.24 acres and a 14,000 square foot single story commercial building. The site plan indicates the placement of 55 parking spaces with a shared drive located on the property line of Lots 1 and 2 and accessed from Huckaby Corporate Drive. Lot 3 is proposed containing 2.32 acres and 195 parking spaces. Of the seven stories proposed for the office building the first two levels are parking and the remaining levels contain 78,125 square feet of office space. The request includes a variance from the Land Alteration Ordinance to allow grading of the three lots with the construction of the first building. Variances from the Master Street Plan to allow an increased vertical profile of an arterial street and of a minor commercial street are being requested. The applicant is also seeking a variance from the Master Street Plan to allow an increased intersection grade at Huckaby Corporate Drive and Colonel Glenn Road. B. EXISTING CONDITIONS: The site was cleared with the construction of Bowman Plaza Subdivision located to the east. The grade is such that the center of the site is approximately 60 feet higher than the elevation at the eastern and southern boundaries. To the north is a manufactured home park accessed from Bowman Road. South of the site is a volunteer fire station and east is a parking lot serving the Bowman Plaza Office/Warehouse development. The area is a commercial node containing a convenience store, a neighborhood grocery, branch banks, a number of car dealerships and a movie theater. Colonel Glenn Road is a narrow unimproved road adjacent to the site with open ditches for drainage. Adjacent to this site is a hard curve which is proposed for reconstruction with the redevelopment of abutting properties. 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 September 18, 2008 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: Z-4213-J 3 identified, located within 300 feet and Southwest Little Rock United for Progress were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Colonel Glenn Road is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way for a total width of 110 feet will be required along the frontage of the subject property where the applicant owns both sides of the Colonel Glenn Road per the realignment. In other words the entire right-of-way width will be dedicated from the subject property not just the northern half. 2. With site development, provide the design of street conforming to the Master Street Plan. Construct full street improvements to Colonel Glenn Road including 5-foot sidewalks with the planned development on the new alignment. The full construction of the street for a principal arterial street, which includes 59 feet from back of curb to back of curb should occur from the west curb line of Lawson Road to the applicants west property line. Transition areas should be provided on the east and west sides of the full street construction. Resubmit plans reflecting these changes showing what parts will be built by the applicant as part of this project. 3. Provide vertical profiles of Colonel Glenn Road, Huckaby Corporate Drive and their intersection. 4. With site development, provide the design of street conforming to the Master Street Plan. Construct street improvement to Huckaby Corporate Drive including 5-foot sidewalks on both sides of the street with the planned development. 5. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The east driveway should be removed. The driveway spacing requirement on a principal arterial street is a minimum of 300 feet. 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. Provide a Sketch Grading and Drainage Plan as required per Section 29- 186 (e). Show all proposed grades, retaining walls heights, slopes, and terraces heights. September 18, 2008 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: Z-4213-J 4 8. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. 9. Provide a letter prepared by a registered engineer certifying the intersection sight distance complies with 2004 AASHTO Green Book standards. 10. Hauling of fill material on or off site over municipal streets and roads requires approval prior to a grading permit being issued. Contact Public Works Traffic Engineering at 621 S. Broadway, (501) 379-1805 (Travis Herbner) for more information. 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. 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). 13. 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. 14. Colonel Glenn Road must be constructed per the 2004 AASHTO Green Book which requires Colonel Glenn Road to be superelevated to a maximum slope of 4% per Exhibit 3-14 for a design speed of 45 mph. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required with easements to serve the proposed lots. Contact Little Rock Wastewater Utility for additional information. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: Central Arkansas Water needs a 20-foot-wide waterline easement centered over the existing 12-inch water main where public right-of-way is being abandoned or else the 12-inch water main must be relocated to the proposed public right-of-way at the expense of the developer. Please submit plans for water facilities and/or fire protection system to Central September 18, 2008 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: Z-4213-J 5 Arkansas Water for review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. Fire sprinkler systems, which do not contain additives such as antifreeze shall be isolated with a double detector check valve assembly. If additives are used, a reduced pressure zone backflow preventer shall be required. Fire Department: Install and place fire hydrants per code. Contact the Little Rock Fire Department for additional information. 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 Ellis Mountain Planning District. The Land Use Plan shows Mixed Office Commercial for this property. The applicant has applied for a Short form Planned Commercial Development for a mixed development of office and commercial uses. The request does not require a change to the Land Use Plan. Master Street Plan: Colonel Glenn Road is shown as a Principal Arterial. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Colonel Glenn since it is a Principal Arterial. There is a proposed street on this Planned Development, which would be a local street. The primary function of a Local Street is to provide access to adjacent properties. Local Streets which are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. These streets have a design standard the same as a Collector. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class I route is shown along Colonel Glenn Road. A Class I bikeway is built separate from or alongside a road. Additional paving and right of way may be required. Neighborhood Action Plan: This area is not covered by a Neighborhood Action Plan. September 18, 2008 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: Z-4213-J 6 Landscape: 1. The site plan must comply with the City’s landscape ordinance requirements. 2. The zoning buffer ordinance requires a minimum fifty foot wide (50’) land use buffer along the northern property line. Seventy percent (70%) of which is to be left undisturbed. Easements cannot count towards meeting this minimal requirement. 3. The zoning buffer ordinance requires a minimum sixteen and one half foot wide (16.5’) land use buffer along the western property line. Seventy percent (70%) of which is to be left undisturbed. Easements cannot count towards meeting this minimal requirement. 4. 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 northern and the western perimeters of the site. Credit towards fulfilling this requirement can be given for existing trees and undergrowth that satisfies this year-around requirement. 5. This site plan is being reviewed as an overall development, which will require an automatic irrigation system to water landscaped areas on all lots at the time of development. 6. This site plan is being reviewed as an overall development. 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. 7. The City Beautiful Commission recommends preserving as many existing trees as feasible on tree covered sites. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (July 17, 2008) Mr. Joe White was present representing the request. Staff presented the item stating there were additional items necessary to complete the review process. Staff stated details of the proposed signage plan were required including ground mounted and building signage. Staff also stated site lighting was to be low level and directional directed downward and into the site. Staff stated a minimum of 10 to 15 percent of the site was required to be designated as landscaped area. Staff also requested Mr. White provide the percentage of building coverage, the percentage of landscaping and the percentage of paved area in the general notes section of the site plan. September 18, 2008 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: Z-4213-J 7 Public Works comments were addressed. Staff stated Colonel Glenn Road was indicated as a principal arterial and would require dedication and street construction per the Master Street Plan. Staff stated the design of Colonel Glenn Road adjacent to the site included removal of the existing “hard curve” with the entirety of the new road construction located on the applicant’s property. Staff stated they would work with the developer to provide the transition with the existing road and the new construction. Staff requested Mr. White provide the vertical profile of Colonel Glenn Road and Huckaby Corporate Drive. Staff questioned Mr. White concerning his plans for grading. Mr. White stated the desire was to haul the excess dirt from this site to a site on Stagecoach Road. He stated the fill site was a separate application request on the agenda the Village at Hidden Creek Apartments Long-form PID (Z-8235-A). There was a general discussion of what would be considered imminent construction on both projects. Staff stated construction was required to begin within eight months of clearing and grading to be considered imminent. Landscaping comments were addressed. Staff stated the site plan proposed along the northern boundary did not comply with the City’s Buffer Ordinance requirements. Staff stated easements could not count in meeting the buffer requirement and 70 percent of the buffer area was to remain undisturbed. Staff also stated since the site plan indicated in excess of 150 parking spaces the interior landscape islands would need to be 300 square feet in area. Mr. White stated the individual lots did not contain in excess of 150 spaces. He stated based on the number of spaces on each of the lots the lots should be allowed the lesser 150 square foot interior islands. Staff stated the interior landscaping would be based on the individual lot development. Staff noted screening would be required on the lots abutting residentially zoned and used property. 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: Mr. White provided staff with an updated site plan addressing most of the issues raised at the July 17, 2008, Subdivision Committee meeting. The revised plan indicates the proposed signage plan, a note concerning the site lighting and the percentage of building coverage, the percentage of landscaping and the percentage of paved area in the general notes section of the site plan. The drive on Colonel Glenn has been removed. The applicant has met with staff concerning the street alignment and street construction of Colonel Glenn Road along the property’s frontage. September 18, 2008 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: Z-4213-J 8 The development is proposed with three (3) lots. A new public street will be extended from Colonel Glenn Road with all access drives on the new street. The street is proposed with 500 linear feet and constructed with 31 feet of pavement in a 60 foot right of way. A sidewalk will be placed along the east side of the street. As the property to the west is developed the additional sidewalk will be added in this area by the future development to comply with the Master Street Plan. Lot 1 is proposed for future C-3, General Commercial District uses and has not been indicated with a development plan. According to the applicant at the time of development the building footprint and parking areas will be submitted to the City for approval through a revision to the PCD. Lot 1 will contain 1.32 acres. Lot 2 is proposed containing 1.24 acres developed with a spec building utilizing C-1, Neighborhood Commercial uses as allowable uses. The building is proposed containing 14,000 square feet. A total of 55 parking spaces are indicated on the site plan. The parking required for a commercial development is one space per 300 gross square feet. Based on the square footage proposed a total of 46 spaces would typically be required. Building signage is proposed along the front of the building. The building signage will comply with signage allowed in commercial zones or a maximum of 10 percent of the front façade area. A single ground mounted monument style sign is proposed within the front yard area. The sign is proposed with a maximum height of six feet and a total sign area of 120 square feet. The maximum building height is 35 feet. The lot coverage for Lot 2 is 26 percent. The paved area is 42.5 percent and the landscaped and open space area is 31.5 percent. Lot 3 is proposed with a seven-story office building utilizing O-3, General Office District uses and the allowance of accessory uses as defined in the O-3, General Office Zoning District. The lot will contain 2.32 acres. The office building will total 78,125 square feet and 195 parking spaces. Of the seven stories proposed the first two levels are parking with the remaining levels being office space. The parking required for an office development based on the above square footage would be 195 spaces. The maximum building height is 95 feet. Lot 3 has 15.5 percent of building coverage, 33.6 percent paved area and 50.9 percent landscape and open space area. Building signage is proposed along the front of the building. The building signage will comply with signage allowed in office zones or a maximum of 10 percent of the front façade area. A single ground mounted monument style sign is proposed within the front yard area. The sign is proposed with a maximum height of six feet and a total sign area of 120 square feet. September 18, 2008 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: Z-4213-J 9 The hours of operation for the retail and office is 6:30 am to 10:00 pm seven days per week. The hours of operation for a restaurant use is 6:30 am to 11:00 pm seven days per week. The dumpster service hours are limited to 6:30 am to 10:00 pm seven days per week. All site lighting is to be low level and directional, directed downward and into the site. The request includes a variance from the Land Alteration Ordinance. The excess fill from this site will be used on a site located on Stagecoach Road near the County line. The fill site is a separate item on this agenda, the Village at Hidden Creek Apartments Long-form PID (Z-8235-A). The trigger for the grading would be when a building permit is pulled for either of the two sites. The entirety of this site would be “brought down” and Tract E and Lots 1 – 6 of the Stagecoach Road site will be filled. Variances from the Master Street Plan to allow an increased vertical profile of an arterial street and of a minor commercial street are being requested. The applicant is also seeking a variance from the Master Street Plan to allow an increased intersection grade at Huckaby Corporate Drive and Colonel Glenn Road. Staff is supportive of the request. The site is indicated as Mixed Office Commercial on the City’s Future Land Use Plan. The development as proposed is a mixed use development of office and commercial uses and is consistent with the City’s plan for the area. To staff’s knowledge there are no outstanding technical issues associated with the request. Although there are variances from the Master Street Plan and the Land Alteration Ordinance staff does not feel these variances will significantly impact the development or the area. I. STAFF RECOMMENDATIONS: 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. Staff recommends approval of the variance request from the Land Alteration Ordinance to allow grading of the three lots with the issuance of a building permit for this site or for the site located on Stagecoach Road, the Village at Hidden Creek Long-form PID. Staff recommends approval of the variance request from the Master Street Plan to allow an increased vertical profile of an arterial street. Staff recommends approval of the variance request from the Master Street Plan to allow an increased vertical profile of a minor commercial street. September 18, 2008 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: Z-4213-J 10 Staff recommends approval of the variance request from the Master Street Plan to allow an increased intersection grade at Huckaby Corporate Drive and Colonel Glenn Road. PLANNING COMMISSION ACTION: (AUGUST 7, 2008) Staff presented the item with a recommendation of deferral of the item to the September 18, 2008, public hearing to allow staff and the applicant time to meet with an adjoining property owner to address their concerns related to the site grading and the retaining wall height. There was no further discussion of the item. The Chair entertained a motion for placement of the item on the Consent Agenda for Deferral as recommended by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. STAFF UPDATE: There are no changes proposed from the previous agenda write-up. Staff continues to support the request and the associated land alteration ordinance variance request. PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated September 16, 2008, requesting a deferral of this item to the October 30, 2008, public hearing. Staff stated the deferral request would require a waiver of the Commission’s By-laws with regard to the late deferral request. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The chair entertained a motion for the waiver of the Commission’s By-laws with regard to the late deferral request. The motion carried by a vote of 6 ayes, 0 noes and 5 absent. The chair entertained a motion for placement of the item on the consent agenda for deferral. The motion carried by a vote of 6 ayes, 0 noes and 5 absent. September 18, 2008 ITEM NO.: F FILE NO.: Z-7603-E NAME: Cantrell Falls Lot 1 Short-form PCD LOCATION: Located at 14910 Cantrell Road DEVELOPER: FRP Cantrell, LLC 11500 North Rodney Parham Road, Suite 3 Little Rock, AR 72212 ENGINEER: The Holloway Firm, Inc. Mr. Bob Holloway 200 Casey Drive Maumelle, AR 72113 AREA: 1.15 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: PCD ALLOWED USES: O-3, General Office District and C-3, General Commercial District PROPOSED ZONING: Revised PCD PROPOSED USE: O-3, General Office District and C-3, General Commercial District – A revision to allow a commercial ground-mounted sign within the landscape area on Lot 1. VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: A request to rezone a portion of this site from R-2, Single-family to POD was filed and withdrawn from consideration prior to the June 3, 2004, Planning Commission Public Hearing. The applicant proposed a development to include office and commercial activities on 3.6 acres located along the western portion of this site. (Z-7603) Ordinance No. 19,314 adopted by the Little Rock Board of Directors on April 19, 2005, established PDC Company Short-form POD. The request included the development of a 3.6 acre parcel as a Planned Office Development with a restaurant facility on one of September 18, 2008 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: Z-7603-E 2 the proposed lots and an office building on the second lot. Lot 1 would develop with a restaurant without drive-through service containing 4,500 square feet and Lot 2 would develop with 29,200 square foot of office space. The overall percent for each use on the site was eighty-seven percent office and thirteen percent commercial. The approval established the hours of operation from 6 am to midnight seven days per week. The development has not been constructed. (Z-7603-A) On June 22, 2006, the Little Rock Planning Commission denied a request to allow 14910 Cantrell Road and the PDC Company Short-form POD to be rezoned from R-2, Single-family and POD to PCD to allow a four-lot subdivision with a combination of sit- down and drive-through restaurants. The lots varied in size from 1.3 acres to 2.5 acres. Restaurant sizes range from 4,100 square feet to 7,200 square feet. A cul-de-sac would be constructed as a public street from Highway 10 through the middle of the lots to provide public street frontage for each lot. The developer requested the flexibility to shift lot area and restaurant size within the development to accommodate a variety of tenants. A 40-foot access and utility easement was proposed from the cul-de-sac to a property located to the east of the site. The site was approved as a PCD to allow the construction of a strip retail center with no parking or access located along the rear of the building. According to the applicant access to the site to the east would allow circulation between developments and limit the need for vehicles to access Cantrell Road from the development site. Placement of the access easement would allow vehicles from as far west as Regions Bank to access the existing traffic signal for protected left turns. (Z-7603-B) On February 6, 2007, the Little Rock Board of Directors approved Ordinance No. 19,694 rezoning 14910 Cantrell Road from R-2, Single-family to PCD which allowed the development of 4.2 acres as a two lot development. The site plan indicated two buildings would be constructed on the site. A building containing 7,200 square feet and 107 parking spaces was proposed on the lot fronting Cantrell Road and a second building containing 6,300 square feet and 110 parking spaces was proposed for the rear lot. A maximum of 13,000 square feet of restaurant space was approved. A selected list of commercial uses was approved for the site other than a restaurant. The hours of operation for a restaurant facility were limited to 10:00 am to midnight seven days per week. The lots were proposed each containing in excess of two acres. Access to the development was proposed through a 24-foot drive located along the western perimeter of the site and was to be shared with the property approved for PDC Short-form POD located to the west proposed for future development with office and commercial uses. The following uses were approved as allowable uses for the development: Bank or savings and loan, Book and stationary store, Camera shop, Clinic (medical, dental or September 18, 2008 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: Z-7603-E 3 optical), Clothing store, Eating place without drive-in service, Florist shop, Furniture store, Hardware or sporting goods store, Health studio or spa, Jewelry store, Laundry, domestic cleaning, Office (general and professional), Optical shop, Photography studio, Retail uses not listed (enclosed). A definition of a “sit down restaurant” was also approved. A “sit down restaurant” is a type of restaurant, which provides tables where one sits down to eat a meal, typically served by wait staff. Historically called simply restaurants, following the rise of fast food restaurants, a retronym for the older “standard” restaurant was created. Most commonly, “sit down restaurant” refers to a casual dining restaurant with table service rather than a fast food service where one orders food at a counter. Sit down restaurants are often further categorized as “family style” or “formal”. (Z-7603-C) Ordinance No. 19,946 adopted by the Little Rock Board of Directors on April 1, 2008, allowed a revision to the previously approved PCD. The approval allowed two separate approvals, a POD and a PCD, to be combined into a single development. The development contained four lots titled Cantrell Falls Long-form PCD. The approval allowed a 3,400 square foot drive-through restaurant on Lot 1, a 29,180 square foot office building on Lot 2, including a banking facility with drive-through service, a 6,560 square foot restaurant on Lot 3 and a 4,000 square foot restaurant, a 11,617 square foot retail center and a 2,000 square foot bank on Lot 4. The hours of operation for the development are proposed from 6 am to midnight seven days per week. A single development sign serving the four (4) lots was approved. (Z-7603-D) A. PROPOSAL/REQUEST: The applicant is seeking a revision to the previously approved site plan to allow the placement of a commercial ground-mounted sign located within the landscape front yard area of Lot 1. The sign is proposed with a maximum height of six feet and a maximum sign area of seventy-two square feet. The sign is proposed with the company’s logo, lettering spelling out the company name and a LED reader board. There are no other changes or modifications proposed for the site plan from the previous approval. B. EXISTING CONDITIONS: The site is a grass covered tract with a scattering of trees. To the east of the site is the Wal-Greens development, a strip retail center and Catfish City is located further east. The area to the north is vacant and undeveloped; currently zoned R-2, Single-family. To the west of the site is a branch bank adjacent to Cantrell Road and a dentist office and medical office are located in the rear of the site on separate lots. To the south of the site are vacant properties zoned R-2, Single- family. September 18, 2008 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: Z-7603-E 4 C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents concerning the proposed request. All residents who could be identified located within 300-feet of the site, the Westchester/Heatherbrae, the Secluded Hills, the Westbury and the Pinnacle Valley Neighborhood Associations, the Coalition of West Little Rock Neighborhoods and all owners of property located within 200-feet of the site were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. All public improvements must be constructed as previously approved. All comments apply on previous application for construction of streets, sidewalks, and drainage. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this property. Entergy: No comment 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 Works regarding the size and location of the water meter(s). A Capital Investment Charge based on the size of connection(s) will apply to this project in addition to normal charges. Provisions need to be taken to provide water service and fire protection to the property in the rear. Easements will be needed outside the paved area to allow for installation of meter(s) and fire hydrant(s). Fire Department: Install and place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is located on CATA Bus Route #25 - the Highway 10 Express Route. September 18, 2008 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: Z-7603-E 5 F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the River Mountain Planning District. The Land Use Plan shows Mixed Use for this property. The applicant has applied for a revised Planned Commercial Development for a commercial use. The request does not require a change to the Land Use Plan. Master Street Plan: Cantrell Road is a Principal Arterial. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Cantrell since it is a Principal Arterial. The street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes in the immediate vicinity. Neighborhood Action Plan: This area is covered by the River Mountain Neighborhood Action Plan. The Sustainable Natural Environment Goal states: “Promote vigorous enforcement of Landscaping & Excavation Ordinance.” Landscape: No comment concerning the proposed signage request. G. SUBDIVISION COMMITTEE COMMENT: (July 17, 2008) The applicant was present. Staff presented an overview of the development stating the request was for individual lot signage for Lot 1 of the Cantrell Falls Subdivision. Staff stated there were no other modifications proposed. Staff stated there were no site plan issues in need of addressing. The applicant stated the desire was for the allowance of an individual tenant sign located on their lot. He stated Burger King desired the sign to allow a message reader board to identify products, sales promotions and/or hours. He stated the sign would comply with the height and area allowed per the overlay. He stated the sign would be a brick base monument sign with a simple logo, the name of the business and a small reader board complying with the City’s standards regarding electronic message reader boards. 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. September 18, 2008 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: Z-7603-E 6 H. ANALYSIS: There were no outstanding technical issues associated with the request in need of addressing raised at the July 17, 2008, Subdivision Committee meeting. The request is to allow a revision to the previously approved site plan for placement of a commercial ground-mounted sign located within the landscape front yard area of the proposed Burger King located on Lot 1 of the Cantrell Falls Subdivision. The sign is proposed with a maximum height of six feet and a maximum sign area of seventy-two square feet. The sign is proposed with the company’s logo, lettering spelling out the company name and a LED reader board. Section 36-346(f)(2) of the Little Rock Code of Ordinances Site design and development standards - Commercial building signage states each separate commercial building will be allowed a single monument ground-mounted sign located on the building site or in the landscaped front yard of the commercial development. The sign shall be a maximum of six (6) feet in height and seventy-two (72) square feet in area. Per Section 36-347 of the Little Rock Code of Ordinances - Commercial developments and multiple building sites states in the case of a commercial development or other development involving multiple building sites, whether on one (1) or more platted lots, the regulations shall apply to the development as an entire tract rather than to each platted lot. The approval of the PCD for Cantrell Falls allowed the placement of a single ground mounted monument commercial development sign. The sign is proposed located within the front yard landscape area along Highway 10. The exact location has not been determined but the site plan indicates the sign on this lot or across the drive on proposed Lot 4. Section 36-346(f)(1) of the Little Rock Code of Ordinances states signage identifying the commercial development shall not exceed ten (10) feet in height and one hundred (100) square feet in area. All signs that are ground-mounted shall be of a monument type design. These signs may be installed in the landscaped area of the front and side yards. There are no other changes or modifications proposed for the site plan from the previous approval. Staff is not supportive of the request. The purpose and intent section of the Highway 10 Design Overlay District states a desire to protect and enhance the scenic quality of the corridor by providing for sensitive development which will maximize the natural foliage and terrain while also providing platted buffer and landscaped areas. The ordinance also states the desire to create standards for signage and parking lot lighting which are in keeping with the intent of the article. Staff feels the development center signage and the building signage previously approved allow for adequate signage to serve the development and the center. September 18, 2008 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: Z-7603-E 7 I. STAFF RECOMMENDATIONS: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (AUGUST 7, 2008) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated August 6, 2008, requesting a deferral of the item to the September 18, 2008, public hearing. Staff stated the applicant’s representative had indicated the need for the deferral was related to military duty. 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. There was no further discussion of the item. The Chair entertained a motion for a By-law waiver with regard to the deferral request. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. The Chair entertained a motion for placement of the item on the Consent Agenda for Deferral as recommended by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. STAFF UPDATE: There are no changes to the proposed development. Staff continues to recommend denial of the request. PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008) Mr. Dominick Flis and Mr. David Flis were present. There were registered objectors present. Staff presented the item with a recommendation of denial. Mr. David Flis stated he was a resident of Arkansas for 30 plus years and picked Arkansas to be his home. He stated presently he had three stores in Little Rock. He stated he did not desire to build in Little Rock because of the development regulations the City imposed. He stated he purchased the property for $700,000. He had building cost of $800,000 and FFE of $400,000. He stated he wanted assurance he could recoup the money expended by exercising his landowner rights and the placement of a sign within the landscaped area of his site. He stated the parcel was a separate lot and he should be allowed a sign to identify his business separate from the development signage proposed. September 18, 2008 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: Z-7603-E 8 Dominick Flis presented the Commission with photos of the area and other signage located along the corridor. He stated there were a number of developments which had multiple signs and he desired to be treated the same as these developments. He stated the sign proposed for the development was 300 feet from the nearest sign located at Taylor Loop Road and Cantrell Road. He stated the sign proposed for Burger King was 100 feet from the development sign for Cantrell Falls. He stated this would not create visual clutter as indicated by staff. He stated the Center at 10 was allowed three signs and the Sonic located in the Kroger shopping center was also allowed individual signage. He also stated the Bank of Little Rock and Little Rock Mortgage Company also had individual signs. Ms. Celia Martin of the Westchester Neighborhood addressed the Commission in opposition. She stated this was not a case of the sign placement or the design or style of the sign. She stated the neighborhood desired the Commission to uphold the Highway 10 Plan. She stated in April the Commission approved the PCD for this development. She stated at the August 7th Planning Commission meeting staff told the Commission they did not set prescient by approving or denying an item and that each item was judged on its individual merits. She stated this applicant was not the applicant of the April approval but the applicant should have know what they were buying and what could and could not be done on the property. Mr. Mike Sarr, President of the Westchester Neighborhood Association, addressed the Commission in opposition. He stated the neighborhood encouraged compliance with the overlay and requested the Commission deny the request. Ms. Ruth Bell, League of Women Voters, addressed the Commission in opposition. She stated the League had been long standing supporters of the Overlay. She stated the Commission had typically been consistent supporters of setbacks and signage and very seldom allowed variation. She stated it was not time for a change. She stated an experienced businessman should have known what he could and could not do on a piece of property. Commissioner Nunnley questioned staff why this site was different than the others Mr. Flis had indicated. Staff stated the signage plan for the developments provided by Mr. Flis were part of the originally approved site plan through the planned development process. Staff stated the developers of Cantrell Falls ask for a single sign to serve the development and that was what was approved. There was a general discussion of the Commission stating the site was the same development. The Commissioners stated although this was this developers first trip to the Commission it did not change the fact Cantrell Falls PCD was a long hard fought battle. The Commissioners stated the site was not recognized for commercial September 18, 2008 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: Z-7603-E 9 development and to allow the commercial activity on the site was a negotiation process of give and take. The Commissioners stated there were restrictions placed on the future development of the property in order to get the commercial zoning. The Commission stated there were additional restrictions on this property that may not be on other parcels. The Commission stated this was all a part of the approval. There was no further discussion of the item. The chair entertained a motion for approval of the item. The motion failed by a vote of 3 ayes, 4 noes, 3 absent and 1 abstention (Commissioner JT Ferstl). September 18, 2008 ITEM NO.: G FILE NO.: Z-8233-A NAME: Lot 25, Longleaf Cove Short-form POD LOCATION: Located on the West side of South Katillus Road approximately 300 feet South of Cantrell Road DEVELOPER: Katillus Court LLC 13503 Kanis Road Little Rock, AR 72211 ENGINEER: White Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 4.9 acres NUMBER OF LOTS: 25 FT. NEW STREET: 730 LF CURRENT ZONING: PD-R ALLOWED USES: Single-family residential PROPOSED ZONING: POD PROPOSED USE: General and Professional Office VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: Ordinance No. 19,794 adopted by the Little Rock Board of Directors on August 6, 2007, rezoned the site from R-2 Single-family to PD-R. The property contained approximately 4.9 acres and was proposed for subdivision into 25 single-family lots. The lots were approved with an average size of 50-feet by 115-feet or 5,750 square feet. The approval allowed an overall density of 5.1 units per acre. The plan indicated the placement of a 20-foot front building line for the lots abutting Long-leaf Cove and a five (5) foot side yard setback. The front building line proposed along Katillus Road was 25-feet. All lots were proposed with a 25-foot rear yard setback. September 18, 2008 SUBDIVISION ITEM NO.: G (Cont.) FILE NO.: Z-8233-A 2 A. PROPOSAL/REQUEST: The applicant is now seeking to rezone the site from PD-R to POD to allow the construction of a new general and professional office building on the site. The construction is proposed to be single-family in appearance. The office use is intended to serve the owner’s construction and real estate business. The site plan indicates the construction of a 3,200 square foot single story structure. There are 10 parking spaces proposed within the rear yard of the new building. The maximum building height proposed is 25-feet. The alternative uses proposed for the structure are those listed in the O-1, Quiet Office zoning district. The hours of operation are from 7 am to 6 pm daily. The request includes a variation from the Zoning and Buffer Ordinance and the Landscape Ordinance requirements. A drive is proposed along the northern perimeter of the site located four feet from the property line. The building is proposed five feet from the southern property line and the parking lot back out is located four feet from the southern property line. The ordinances would typically require the placement of a nine foot perimeter landscape strip along the northern and southern perimeters. B. EXISTING CONDITIONS: The site is located south of Cantrell Road on the west side of Katillus Road. To the east of the site is a newly developing subdivision, Montagne Court. To the south of the site is a newly developing single-family subdivision. Further south are single-family homes located on large lots accessed from Katillus Court. There is a one acre tract located immediately north of the site containing a single-family home with the remainder of the area to the north fronting Cantrell Road and previously used as a non-conforming commercial business. The site has been cleared and a new street has been constructed. There are new single-family homes currently under construction. Johnson Creek is located to the west of the site. Further west is a large parcel with a single home on the parcel accessed from Drew Drive. 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 could be identified located within 300 feet of the site along with the Coalition of West Little Rock Neighborhoods and the Montagne Court Property Owners Association were notified of the Public Hearing. September 18, 2008 SUBDIVISION ITEM NO.: G (Cont.) FILE NO.: Z-8233-A 3 D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Due to the proposed use of the property, the Master Street Plan specifies that South Katillus Road for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 2. Street improvements are in place. No additional street improvements will be required. 3. All driveways shall be concrete aprons per City Ordinance. The aprons shall be constructed per Public Works standards with driveway flairs or radiuses. Little Rock Code requires driveways to be placed 100 feet from property lines. The driveway should be located in the center of the lot. 4. 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. 5. 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. Storm water detention will not apply to the proposed development. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this property. Entergy: No comment 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 Works regarding the size and location of the water meter(s). A Capital Investment Charge based on the size of metered connection(s) will apply to this project in addition to normal charges. The Little Rock Fire Department may require an additional public fire hydrant in conjunction with this development. The fire hydrant could be installed by Central Arkansas Water's forces at Developer's expense, but would need to be coordinated with the contractor for this project. September 18, 2008 SUBDIVISION ITEM NO.: G (Cont.) FILE NO.: Z-8233-A 4 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 River Mountain District. The request is at the boundary between Transition and Single Family. The applicant has applied for a rezoning to Planned Office Development for a one-lot office use. Because the Future Land Use Plan is general, and this application is right on the line between Transition and Single Family, this request does not require a change to the Land Use Plan. Master Street Plan: Katillus Road 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 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 shown in the vicinity. Neighborhood Action Plan: This area is not covered by a Neighborhood Action Plan. Landscape: 1. The zoning buffer ordinance requires a nine-foot wide (9’) land use buffer along both the northern and southern property lines. Seventy percent (70%) of this area is to remain undisturbed. 2. 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 northern and southern perimeters of the site. Credit towards fulfilling this requirement can be given for existing trees and undergrowth that satisfies this year-around requirement. 3. The landscape ordinance requires a nine-foot wide (9’) landscape strip along the sites entirety. The proposed driveway and parking lot are encroaching into this perimeter landscape area. A variance must be obtained from the City Beautiful Commission prior to the issuance of a building permit. September 18, 2008 SUBDIVISION ITEM NO.: G (Cont.) FILE NO.: Z-8233-A 5 4. The City Beautiful Commission recommends preserving as many existing trees as feasible on tree covered sites. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (July 17, 2008) Mr. Joe White was present representing the request. Staff stated the request was a rezoning from PD-R to POD to allow a single use office on the site. Staff stated a new structure constructed residential in character was being proposed. Staff stated the request would require a variance from the City’s Zoning and Buffer Ordinance requirements. Staff stated the northern and southern landscape strip were less than the typical nine foot minimum required. Staff also requested Mr. White provide the proposed signage plan and the proposed hours of operation of future uses. Public Works comments were addressed. Staff stated the drive should be located in the center of the property. Staff also stated street improvements were in place on Katillus Road so no additional street improvements would be required. Staff stated the storm water detention ordinance would not apply to the future development of the site since the site was less than one acre. Landscaping comments were addressed. Staff stated screening would be required along the perimeters of the site. Staff stated the City Beautiful Commission recommended preserving as many trees as feasible on tree covered sites. 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 did not submit a revised site plan to staff addressing the comment raised at the July 17, 2008, Subdivision Committee meeting. The applicant has indicated the desire is to maintain the drive located along the northern property and has stated placing the drive in the center does not allow for development of the structure to be residential in character. The request is to allow a rezoning from PD-R to POD to allow the construction of a new general and professional office building on the site. The office use is intended to serve the owner’s construction and real estate business. The alternative uses proposed for the structure are those listed in the O-1, Quiet Office zoning district. The site plan indicates the construction of a 3,200 square September 18, 2008 SUBDIVISION ITEM NO.: G (Cont.) FILE NO.: Z-8233-A 6 foot single story structure. The construction is proposed to be single-family in character. There are 10 parking spaces proposed within the rear yard of the new building. The maximum building height proposed is 25-feet. The hours of operation are from 7 am to 6 pm daily. There are no dumpster facilities proposed for the site. The request includes a variation from the Zoning and Buffer Ordinance and the Landscape Ordinance requirements. A drive is proposed along the northern perimeter of the site located four feet from the property line. The building is proposed five feet from the southern property line and the parking lot back out is located four feet from the southern property line. The ordinances would typically require the placement of a nine-foot perimeter landscape strip along the northern and southern perimeters. Signage has not been provided. Staff would recommend if signage is approved, signage be limited to signage allowed in residential zones or a maximum of six feet in height and not to exceed one square foot in sign area. Parking proposed for the site is ten spaces. Based on the ordinance requirements for an office development containing 3,200 square feet eight spaces are required. Staff has concerns with the site plan as proposed. The plan as indicated does not include the typical landscape strip per the Landscape Ordinance nor the zoning buffer both typically required at a minimum of nine feet. Staff also has concerns with the proposed uses listed as alternative uses for the site. Although the site is indicated as O-1, Quiet Office uses, there are a number of office uses which are allowed in the zoning district which generate a great deal of traffic. A medical office for instance would potentially generate a number of customers whereas a general and professional office may not generate a great number of vehicles visiting the site. Although the Land Use Plan is general in nature staff feels the rezoning of the site for an office use is eroding into the single-family uses located to the east and south of this site. I. STAFF RECOMMENDATIONS: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (AUGUST 7, 2008) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated August 6, 2008, September 18, 2008 SUBDIVISION ITEM NO.: G (Cont.) FILE NO.: Z-8233-A 7 requesting a deferral of this item to the September 18, 2008, public hearing. Staff stated the applicant was requesting the deferral to allow time to meet with the area residents and staff to address concerns related to the site plan. Staff sated the deferral request would require a waiver of the Commission’s By-laws with regard to the late deferral request. Staff stated they were supportive of the deferral. There was no further discussion of the item. The Chair entertained a motion for a By-law waiver with regard to the deferral request. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. The Chair entertained a motion for placement of the item on the Consent Agenda for Deferral as recommended by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. STAFF UPDATE: There are no changes to the proposed request. Staff continues to recommend denial of the request. PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008) Mr. Graham Smith was present representing the request. There were registered objectors present. Staff presented the item with a recommendation of denial. Mr. Smith stated the subdivision was developed with 25 residential lots with 24 lots within the subdivision and the 25th lot fronting Katillus Road. He stated approximately 300 feet north of the site was Cantrell Road. He stated based on the City’s Future Land Use Plan and the current development pattern of Highway 10 the property to the north of his site would most likely be developed as office or commercial. He stated if allowed to build an office on Lot 25 this would act as a buffer for the resident development to the south and the future commercial uses to the north. He stated with the development of the Longleaf Subdivision a conservation easement was left to also provide a buffer to the residential uses to the south. He stated he felt it unfortunate his property fell on the wrong side of the 300 foot line. Mr. Smith stated he was willing to limit the use of the site to General and Professional office uses. He stated his understanding of this classification would allow quiet office uses such as a real estate office, a CPA or a lawyers office. He stated he understood staff’s concerns related to a medical office on the site. Mr. John Hill addressed the Commission in opposition of the request. He stated he was a resident of the Montagne Subdivision and the proposed office use was located across from the entrance to the subdivision. He stated Katillus Road was a residential street. September 18, 2008 SUBDIVISION ITEM NO.: G (Cont.) FILE NO.: Z-8233-A 8 He stated the road was a narrow road and did not lend itself to commercial development. Mr. Lawrence McKellips addressed the Commission in opposition. He stated he bought his home in 1970. He stated he had seen a number of changes along Highway 10. He stated the previous approval required the placement of a six foot fence along the property line between his property and Lot 25. He stated according to the minute record the good side of the fence was to be facing outward. He stated he originally bought 3.5 acres and had since sold off 2.5 acres maintaining his home on one acre. He stated he was against a business even alight business located next door to his home. Mr. Don Smith addressed the Commission in opposition of the request. He stated he was the president of the Montagne Court POA. He stated there were 51 homes in the subdivision, 49 were occupied and a petition had been provided to the Commission with 46 signatures in opposition of the request. He stated the neighborhood had also written letters in opposition of the request as well. He stated on the south side of Cantrell Road there was a mixture of housing types including patio homes and homes on large lots and acreage with the retail limited to Chenonceau Boulevard. He stated north of Cantrell Road was different. He stated in this area there was retail and office developments. He stated the site was located 300 feet south of Cantrell Road in the heart of the neighborhood. He stated the neighborhood had concerns with noise, lighting and non-residential activities taking place within the residential area. Ms. Elli McKellips addressed the Commission in opposition of the request. She stated her home was located adjacent to Lot 25. She stated Katillus Road was primarily residential with Valley Falls Estates located south of the site and the Montagne Court Subdivision located to the east. She stated the driveway proposed to serve the office was located 45 feet from the south wall of her home and in this area there were two bedrooms. She stated there were a number of office uses located in the area many of which had vacancies. Ms. Judy Smith addressed the Commission in opposition. She stated she was at the hearing last year representing her parents when the development was approved. She stated the fencing was to be installed with the good side facing outward which had not been done. She also stated the home on Lot 25 was to be constructed with a pool in the rear yard area. She stated the construction of an office use would increase the noise in the area. She stated lighting was also a concern. She stated there was a great deal of traffic in the area along Cantrell Road and it was difficult to exit Katillus Road. Ms. Ruth Bell, League of Women Voters addressed the Commission in opposition. She stated an office development within a residential area was inappropriate. She stated the approval was for a PD-R 13 months ago and now the developers was requesting to allow the development of the property as an office use rather than a new home. She stated she felt this too was inappropriate. September 18, 2008 SUBDIVISION ITEM NO.: G (Cont.) FILE NO.: Z-8233-A 9 Mr. Smith stated he was going to do something to Lot 25. He stated either build a home or an office use. He stated his experience was when a home was constructed adjacent to commercial uses the home was devalued in eight to ten years. He stated the office he proposed for construction was residential in style and character. He provided the Commission with a plan that would allow for development of the site adhering to the landscape and buffer ordinance requirements. He stated with the plan the parking was located in the front yard and the site looked and felt like an office development. He stated by placing the parking in the rear the building took on a residential character. He stated he felt this office use a good transition between the non-residential uses which were likely to occur along Cantrell Road and the new single-family subdivision he was developing to the south. The Commission questioned Mr. Smith as to the proposed uses of the building. He stated he was amending his application to limit the uses to general and professional office uses. The Commission questioned signage. Mr. Smith stated he intended to construct a brick structure within the front yard area and place his address within a precast of the sign. Staff stated this was considered signage. Mr. Smith stated the sign would be a three by three sign. The Commission questioned building signage. Mr. Smith stated the name of the company would be placed on the door. There was a general discussion by the Commission. A few indicated they felt the proposed buffering was a good ideal but felt the proposal to rezone the site for an office use was premature. There was no further discussion of the item. The chair entertained a motion for approval of the item as amended to include limits of signage to three feet by three feet and limit the allowed uses to general and professional office uses. The motion failed by a vote of 1 aye, 7 noes and 3 absent. September 18, 2008 ITEM NO.: H FILE NO.: LU08-09-02 Name: Land Use Plan Amendment - I-630 Planning District Location: 3604 West 12th Street Request: Single Family to Mixed Use Source: Frank Riggins, Crafton Tull Sparks PROPOSAL / REQUEST: The applicant has requested that this item be deferred until the August 21 hearing. This deferral is an effort to have all the issues heard at one time: land use plan amendment, planned development application and conditional use permit. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (AUGUST 7, 2008) The item was placed on consent for deferral to the September 18, 2008 hearing at the request of Staff. By a vote of 9 for, 0 against the consent agenda was approved. PROPOSAL / REQUEST: A Land Use Plan amendment in the I-630 Planning District from Single Family to Mixed Use along 11th Street from Maple to Valentine. Mixed Use represents a mixture of residential, office and commercial uses with a required Planned Zoning District if the use is not entirely residential. The applicant is proposing a rezoning to a Planned Development to allow an Empowerment Center with dorms, office and training facilities on site. EXISTING LAND USE AND ZONING: This property is zoned R-3 and R-4. It is currently developed with single family residences and a few empty lots. To the north, west and east is also zoned R-3 for single family residences, the Florence Crittenden Home, and a nonconforming Kentucky Fried Chicken on the northwest corner of 12th and Maple. South of this property is zoned R-5 for Will’s House group quarters. Southeast is zoned C-3 General Commercial for Associated Plumbing at the corner of Valmar and 12th Street. The majority of the land in this general area is zoned R-3. September 18, 2008 SUBDIVISION ITEM NO.: H (Cont.) FILE NO.: LU08-09-02 2 FUTURE LAND USE PLAN AND RECENT AMENDMENTS: The amendment area is shown as Single Family on the Future Plan. The southern half of this block fronts 12th Street and is shown as Mixed Use. North of this amendment is shown as Public Institutional. West and east are shown as Single Family. Southwest is shown as Commercial along 12th Street west of Maple Street. MASTER STREET PLAN: 12th Street is a Minor Arterial. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Valentine and Maple Streets are both 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. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on 12th Street 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 in this immediate vicinity. PARKS: According to the Master Parks Plan, this area is within eight city blocks of a park or open space. To the northwest there are two playgrounds associated with churches. 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 Stephens Neighborhood Plan. Their Housing Goal states: “Make use of vacant houses” and “Force houses to be fixed or sold.” Several of the houses in this proposed development are unsafe and vacant. September 18, 2008 SUBDIVISION ITEM NO.: H (Cont.) FILE NO.: LU08-09-02 3 ANALYSIS: This amendment was filed in response to a rezoning request for a Planned Office Development (POD). The proposed POD is for an Empowerment Center which would serve as dorms and offices. This proposal would remove all houses and structures from the block bounded by West 12th Street on the south, West 11th Street on the north, South Valentine Street on the east and Maple Street on the west. The southern half of this block is already shown as Mixed Use on the Future Land Use plan, and the applicant has filed an amendment to change the north half from Single Family to Mixed Use to accommodate this new development. Immediately north of this application is the Florence Crittendon Home for children. It is shown as Public Institutional on the Future Land Use Plan and has been at this location for many years. Immediately south of this amendment is a small group quarter’s facility called Will’s House. The other surrounding areas are still largely residential in nature with the exception of the 12th Street Corridor. While these two uses are located within the neighborhood, they are relatively small facilities. Will’s House is set back off of 12th Street in an effort to blend in with the surrounding neighborhood. The Florence Crittendon Home is a large building, but it is situated in the center of a city block and is surrounded by grass and trees. The proposed development between 12th and 11th Streets is going to be comprised of very large buildings. These buildings do not appear to fit with this neighborhood in terms of bulk and massing. This single family neighborhood has been in place for many years. The area between Interstate 630 and 12th Street is composed of single family and two family residences. This neighborhood needs to be preserved as Single Family on the Future Land Use plan to prevent futher loss of housing stock. This amendment would result in a loss of eight residences and three vacant lots. This is still a viable neighborhood and needs to be protected as such. The Land Use Plan calls for keeping the non-single family uses on 12th Street as well as oriented to 12th Street. 11th Street is to be a single family residential street, neighborhood street. The Plan changes at mid-block on either side of 12th Street at this location to re-enforce this pattern. 12th Street is shown as a Minor Arterial and is lined with a variety of different businesses, types of residences and public uses like the Willie Hinton Center and Will’s House. The City of Little Rock has hired a consultant to study the 12th Street Corridor in an effort to revitalize the area. This study is expected to take a year to complete. The study is to look at use as well as design and make recommendation for future development in the corridor. September 18, 2008 SUBDIVISION ITEM NO.: H (Cont.) FILE NO.: LU08-09-02 4 11th Street is a Local Street on the Master Street Plan and is lined with single family residences. This area has been a residential neighborhood for decades and the majority of the houses along this street are in good condition. Staff feels that this street should remain single family in nature and that more intense uses like this POD should be confined to the arterial streets like 12th Street. NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood associations: Central High Neighborhood Association, Capitol Hill Neighborhood Association, Pine to Woodrow N.A., Stephens Area Faith N.A., Forest Hills N.A. and Hope N.A. Staff has received two comments from area residents and both were opposed to the change. STAFF RECOMMENDATIONS: Staff believes the change is not appropriate. PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008) Walter Malone, Planning Staff, reviewed the use pattern in the vicinity, with several institutional uses and a concentration of commercial at the Pine-Cedar intersections with 12th Street. Other than along 12th Street, this is a single-family neighborhood. To the north is a small residential area and staff does not feel the conversion of a block from single-family homes is positive for the neighborhood. Donna James, Planning Staff, followed with a description of the related Planned Zoning District application. In the comment period several individuals commented about the desire to keep single-family homes. However most of the discussion was about the related Planned Zoning District application. See item H.1: Z-8367, BCD Empowerment Center POD, for a complete minute record of the item. Speakers questioned whether the applicant had ownership of the full application area. After discussion, Staff recommended to the Commission that both items be deferred in order to verify the ownership record. By a vote of 8 for, 0 against the item was deferred to the October 30 Planning Commission Hearing. September 18, 2008 ITEM NO.: H.1 FILE NO.: Z-8367 NAME: BCD Empowerment Center Short-form POD LOCATION: Located at 3604 West 12th Street DEVELOPER: Black Community Developers, Inc. 3805 West 12th Street Little Rock, AR 72204 ENGINEER: Crafton Tull and Sparks 10825 Financial Center Parkway Little Rock, AR 72211-3554 AREA: 1.65 acres NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF CURRENT ZONING: R-3, Single-family and R-4, Two-family ALLOWED USES: Single-family residential and duplex housing PROPOSED ZONING: POD PROPOSED USE: Residential alcohol and drug treatment VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The project will occupy all but one lot of an entire block in the Coy’s Addition to the City of Little Rock. The plan is to remove all the existing structures and build the proposed Empowerment Center. The idea behind the overall layout and architecture is to maintain the neighborhood feel and curb appeal with pedestrian friendly front façade and porch with all the vehicular traffic being located in the rear. The developers have located all dumpster and service areas adjacent to the commercial uses along the west, and the main office parking area with entry court is located on the northeast corner of the site. Additional screening of the parking area is provided by the installation of a 3 ½ foot screening fence on the north side September 18, 2008 SUBDIVISION ITEM NO.: H.1 (Cont.) FILE NO.: Z-8367 2 of the parking lot. There will also be an outdoor courtyard and activity area in the center of the site between the dormitory buildings. This area will be fenced with a 6’-8” privacy fence for control, security and privacy of the patients within the facility. The Empowerment Center is proposed as a state of the art, living and learning center. One of the programs of the Empowerment Center will be to provide residential alcohol and drug treatment services. Not only will the program provide certified cutting edge prevention, intervention and treatment services, but also comprehensive life skills training designed to empower residents to succeed in all aspects of their life. The mission of the Empowerment Center is to be a highly customized living and learning program providing independent living skills, vocational training with a focus on the green environment and social integration. The entire community will benefit from continued and additional comprehensive programs that include support services, research, education, prevention, intervention and treatment. The vision for the Empowerment Center is to be a cognitive behavioral therapeutic program implemented in a premier facility providing empowerment programs for the community. The Empowerment Center will be a unique facility which will provide a holistic approach to living. The Empowerment Center will serve as a national model for faith and community based organizations. The Center will provide hands-on training to interested nonprofits, church groups and educational institutions from across the nation. In addition, the Empowerment Center staff with shared expertise through consultation with other faith based programs and the production of conferences and training seminars for the community at large. The Empowerment Center will provide the following space: administrative office space, office space for (4) potential partners, computer lab, wellness center, community rooms, commercial kitchen, auditorium/dining room with seating capacity of 100, fitness room, classroom/training center, male dormitory (24 beds), female dormitory (24 beds) and lounge. B. EXISTING CONDITIONS: The site contains a number of single-family homes most of which are occupied. The area along West 12th Street is predominately commercial and institutional while the areas off West 12th Street are primarily September 18, 2008 SUBDIVISION ITEM NO.: H.1 (Cont.) FILE NO.: Z-8367 3 residential. To the north of the site is a facility providing services to juveniles. South of the site is Will’s House, a facility providing housing for persons recently released from treatment facilities. West of the site is the Willie Hinton center and further west is the sales store for a non-profit service provider. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a number of informational phone calls and a number of calls in opposition of the request 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, along with the Capitol Hill, the Central High, the Hope, the Forest Hills, the Stephens Area Faith and the Pine to Woodrow Neighborhood Associations were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Due to the proposed use of the property, the Master Street Plan specifies that Maple Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 2. Due to the proposed use of the property, the Master Street Plan specifies that 11th Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 3. Due to the proposed use of the property, the Master Street Plan specifies that Valentine Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 4. 12th Street is classified on the Master Street Plan as a minor arterial with special design standards. A dedication of right-of-way 35 feet from centerline will be required. 5. A 20-foot radial dedication of right-of-way is required at all intersections. 6. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to Maple Street including 5-foot sidewalks with the planned development. The September 18, 2008 SUBDIVISION ITEM NO.: H.1 (Cont.) FILE NO.: Z-8367 4 new back of curb should be 18 feet from centerline. The intersection curb radius at Maple Street and 11th Street should be improved to a 30-foot radius as shown on plan. 7. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to 11th Street including 5-foot sidewalks with the planned development. The new back of curb should be located 18 feet from centerline or as shown on plan. The intersection curb radius at 11th Street and Valentine Street should be a 30-foot radius as shown on plan. 8. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to Valentine Street including 5-foot sidewalks with the planned development. The new back of curb should be located 18 feet from centerline. 9. The intersection curb radius at West 12th and Maple Streets should be constructed to a 30-foot radius. 10. Sidewalk easements should be platted where the sidewalk is outside of the new right-of-way. 11. The sidewalk on Valentine Street should extend to the property in line with the remainder of the sidewalk and then turn toward Valentine Street. 12. The curb should be extended to the property line in line with the remaining curb and then turn toward the existing street. 13. All old curb cuts should be closed with curbing. 14. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 15. 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 work. 16. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. 17. 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). 18. If disturbed area is one (1) or more acres, obtain a NPDES storm September 18, 2008 SUBDIVISION ITEM NO.: H.1 (Cont.) FILE NO.: Z-8367 5 water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 19. On site striping and signage plans should be forwarded to Public Works, Traffic Engineering for approval with the site development package. 20. Obtain permits prior to doing any street cuts or curb cuts. Obtain barricade permit prior to doing any work in the right-of-way. Contact Traffic Engineering at (501) 379-1805 (Travis Herbner) for more information. 21. Per Section 29-189(d), groups of trees and individual trees that are not to be removed or are located within required undisturbed buffer areas shall be protected during construction by protective fencing and shall not be used for material storage or for a any other purpose. 22. 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. 23. The driveways should be constructed with maximum 15-foot radiuses. 24. Remove parallel parking spaces from Maple Street due to lack of sight distance for drivers trying to access Maple Street from the parking area. This will allow the back of sidewalk to be moved to the property line. 25. Obtain a franchise agreement from Public Works (Bennie Nicolo, 371-4818) for the vehicle parking in the right-of-way. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this property. Entergy: No comment 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 Works regarding the size and location of the September 18, 2008 SUBDIVISION ITEM NO.: H.1 (Cont.) FILE NO.: Z-8367 6 water meter(s). If buildings are have a fire sprinkler system, please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. Fire sprinkler systems which do not contain additives such as antifreeze shall be isolated with a double detector check valve assembly. If additives are used, a reduced pressure zone backflow preventer shall be required. Fire Department: Install and place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located on CATA Bus Route #3 – the Baptist Medical. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the I-630 Planning District. The Land Use Plan shows Single Family and Mixed Use for this property. The applicant has applied for a Planned Office Development for a residential/training facility. A Land Use Plan Amendment from Single Family to Mixed Use is a separate item on this agenda (LU08-09-02). Master Street Plan: 12th Street is a Minor Arterial. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on 12th Street since it is a Minor Arterial. Maple Street, West 11th Street and Valentine Street are 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. 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. September 18, 2008 SUBDIVISION ITEM NO.: H.1 (Cont.) FILE NO.: Z-8367 7 Neighborhood Action Plan: This area is covered by the Stephens Neighborhood Action Plan. The Public Safety goal states: “Remove unsafe housing from the neighborhood.” This application would remove several vacant/unsafe buildings from this City block in the neighborhood. Landscape: 1. The site plan must comply with the City’s landscape ordinance requirements. 2. An automatic irrigation system to water landscaped areas will be required. 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 tree covered sites. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (July 17, 2008) Mr. Barry Williams was present representing the request. Staff presented an overview of the proposed development stating there were a few technical issues in need of addressing which had been raised. Staff stated a minimum of ten to fifteen percent of the site was to be designated as landscaping. Staff requested the applicant provide the percentage designated for landscape. Staff also requested Mr. Williams provide the percentage of building coverage proposed. Staff stated site lighting was to be directional, directed downward and into the site. Public Works comments were addressed. Staff stated dedication of right of way for Maple, 11th, and Valentine would be required to 30 feet from centerline. Staff stated a right of way dedication of 35-feet from centerline would be required along West 12th Street. Staff also stated a 20-foot radial dedication would be required at all the intersections. Staff stated the intersecting curb of Maple and West 12th Street should be constructed to a 30-foot radius. Staff stated the proposed parking along Maple Street should be removed due to sight distance concerns. September 18, 2008 SUBDIVISION ITEM NO.: H.1 (Cont.) FILE NO.: Z-8367 8 Landscaping comments were addressed. Staff stated the street buffer around the sites entirety was to be 18 feet and in no case less than one-half. Staff stated an automatic irrigation system was required and prior to the issuance of a building permit a stamped landscape plan prepared by a landscape architect would be required. Staff stated street trees were encouraged. 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 July 17, 2008, Subdivision Committee meeting. The applicant has indicated right of way dedications, radial dedications and street buffering per the typical ordinance standards. The applicant has also provided the percentage of building coverage and the percentage of landscape area in the general notes section of the site plan. The site is being reviewed as an establishment for care of alcoholic, narcotic or psychiatric patients. According to the definition section of the zoning ordinance this use is defined as an establishment offering residence for outpatient treatment to alcoholic, narcotic or psychiatric patients. The use is an allowable use under the O-1, Quiet Office Zoning District. The activities are currently taking place at Hoover Place located at Hoover Methodist Church just a few blocks west of this site. The center will provide on-site living accommodations through dormitory style housing offering 24 beds for females and 24 beds for male clients. Other activities on the site include office space for (4) potential partners, computer lab, wellness center, community rooms, commercial kitchen, auditorium/dining room with seating capacity of 100, fitness room, classroom/training center. The residential treatment portion of the facility will operate 24 hours per day. The office portion of the development will operate during normal business hours with activities such as graduations or community meetings taking place during non-typical business hours. These activities will be limited and no schedule has been created for these activities. Most activities take place on weekends and most nightly activity should conclude before 9:00 pm. September 18, 2008 SUBDIVISION ITEM NO.: H.1 (Cont.) FILE NO.: Z-8367 9 The site plan includes 22,000 square feet of building space, 22,143 square feet of hardscape area and 24,029 square feet of green space area. The total square footage designated for green space area represents 35.25 percent of the site. The site plan also includes an outdoor courtyard and recreation area and, within the building, recreational areas will be provided. 44 on-site parking spaces are indicated on the site plan. The developer also has indicated paving will be added along 11th Street to provide nine additional parking spaces. Based on typical ordinance requirements the required parking for the facility would be 51 spaces. The residential portion of the development would require the placement of 24 parking spaces and the office portion 27 parking spaces. Staff does not feel the lesser number of parking spaces will adversely impact the development or the area. Typically the residents will not be driving. The building is proposed with a 25-foot front yard setback and an 80-foot (+) rear yard setback. The western setback is proposed as 17.35 feet from the property line and the eastern setback is proposed as 16.74 feet. The site plan indicates the sidewalk located within the property boundary along the northern, eastern and western perimeters. The developer is requesting to place the sidewalks as proposed to allow for the addition of street parking in the future without relocating the sidewalk. A street buffer averaging eighteen feet in width is typically required around the site’s perimeter and in no case less than nine feet or one-half the buffer requirement. The site plan indicates the placement of a 12-foot landscape strip, the sidewalk and an additional 17 feet of landscaping along the western perimeter, a 10 to 12-foot landscape strip along the northern perimeter with the sidewalk located south of the proposed decorative screening fence and a 8-foot landscape strip a 6-foot sidewalk and a 12-foot landscape strip along the eastern perimeter. Staff is supportive of the sidewalks and street buffer as proposed. The sidewalks will be located within a sidewalk easement. Although, the buffering does not meet the typical ordinance standards, staff feels the buffering as proposed will provide adequate landscaping to enhance the site and the area. The site plan indicates the placement of a screening wall located along the northern perimeter between the proposed parking area and 11th Street. The wall is proposed as protection to the nearby residents and to screen the parking lot and to provide a shield for the automobile headlights utilizing these stalls. The site plan indicates the placement of a six-foot opaque privacy fence along the eastern perimeter where adjacent to an September 18, 2008 SUBDIVISION ITEM NO.: H.1 (Cont.) FILE NO.: Z-8367 10 existing single-family home, which is to remain. Site lighting is to be low level and directional, directed downward and into the site. The dumpster has been located along Maple Street. The dumpster has been located near the non-residential activities along West 12th Street. The dumpster hours of service have not been limited. Staff recommends the hours of service be limited to daylight hours to lessen the impact on the nearby neighborhoods. The maximum building height proposed is 50 feet from the finished floor elevation. The building is proposed as a multi-story building and constructed with a hipped roof. The building design is proposed in a residential style with the building being constructed with architectural elements to break the massing of the facades. Signage is proposed consistent with signage allowed in office zones or a maximum of six feet in height and sixty-four square feet in area. The developers hope to construct the entire project in a single phase but have requested a phasing plan for the development of the site. According to the applicant, the center will be constructed as funding becomes available. Phase I of the development will consist of one of the dormitory buildings and about one-half of the parking most closely associated with it. The courtyard space will also be constructed and a wood privacy fence will be installed to delineate the courtyard area. The second phase will be one of two options, the beginning of the administration building to the south or the erection of the second dormitory building. Regardless, phase two will include the completion of the parking lot to the north. Phase III will be the completion of the portion of the administration or dormitory areas that have not been completed. According to the applicant, the site will be developed in three phases but there is potential for five phases depending upon how the administration building is constructed. The operation of Phase I includes several options including a temporary kitchen within or beside the dormitory itself, or the existing kitchen and dining hall at the Hoover House will be used for meal preparation. The request includes the phasing of street improvements as well. The street improvements to Maple Street would be constructed with the first building and as the second building comes on-line the improvements nearest the construction will be completed. The improvements to West 12th Street will be completed at the time of the construction of the administration building. The developer has indicated with the phasing of September 18, 2008 SUBDIVISION ITEM NO.: H.1 (Cont.) FILE NO.: Z-8367 11 the street improvements this will allow the cost to be spread over three phases reducing the burden of cost. Staff has concerns with the development’s location and the proposed phasing plan. Staff feels with a portion of the activities taking place at Hoover House and the remaining activities taking place on this site there is potential for a saturation of this type of institutional activities within the neighborhood. To the south of this site is a similar type use, Will’s House, which provides transitional housing for men recently released from treatment. There are also a number of activities and uses in the area geared to the youth of the community. North of the site is the Florence Crittenden House and west of the site is the Willie Hinton Neighborhood Resource Center. Although, staff feels the activities and undertakings provided by the Hoover Methodist Church and the Hoover House are valuable to the community staff questions if this is the appropriate location for the use. Based on these concerns staff cannot support the request. I. STAFF RECOMMENDATIONS: Staff is not supportive of the request. PLANNING COMMISSION ACTION: (AUGUST 7, 2008) The applicant was present. There were no registered objectors present. Staff stated upon further review, based upon meeting with the applicant and staff, it had been determined that the proposed facility did not fall under the definition of a correctional facility. Staff stated as such, no separate Conditional Use Permit was required. Staff stated the applicant may proceed forward through the process, as filed. Staff presented a recommendation of deferral of this site to the September 18, 2008, agenda. Staff stated new notice would be given to all parties as was done for the initial filing. There was no further discussion of the item. The Chair entertained a motion for placement of the item on the Consent Agenda for Deferral as recommended by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008) Mr. Barry Williams and a number of representatives of the Black Community Developers were present representing the request. There were registered September 18, 2008 SUBDIVISION ITEM NO.: H.1 (Cont.) FILE NO.: Z-8367 12 objectors and supporters present. Staff presented the item with a recommendation of non-support. Mr. Williams addressed the Commission on the merits and technical aspects of the development. Reverend Robinson addressed the Commission on the goals of the Black Community Developers. Reverend Robinson stated there had been a lot of activity along the 12th Street Corridor. He stated the BCD wanted to be a part of the new activity and new development in the area. He stated the City was considering a new police substation and reviewing efforts for revitalizing the area and the BCD wanted to share and be a part of the efforts. He stated the BCD had met weekly to ensure a quality development. He stated he appreciated all who had come to speak in support of the development and those who came to speak in opposition. He stated the care provided by BCD needed to take place in the City not in the County or on the outskirts of the Community. Mr. Williams stated the activities were currently taking place at Hoover United Methodist Church. He stated the facility currently housed 24 men. He stated the center served 12 women also but the women were housed elsewhere. He stated there were currently eight structures on the block and three were occupied. Mr. Williams stated the BCD had under contract or had already purchased all the properties proposed for rezoning. He stated the parking would be placed in the rear and the structure pulled to the street to have the look and feel of a residential structure. He stated the building would be constructed of brick and siding with a front porch along 12th Street. He stated the new facility would be a 5 million dollar investment into the neighborhood. He stated one of the property owners did not desire to sell and the center would provide buffering and screening around his home and the office uses would be located within this area to protect the homeowner. Mr. Williams stated the BCD had revised their proposed phasing plan due to concerns raised by staff. He stated the original phasing plan allowed bringing on line one dormitory at a time which would then leave a portion of the activities at Hoover United Methodist Church. He stated with the revised plan both dorms would come on-line in the first phase. He stated the current clients served would not be increased and the additional space would be used as a temporary kitchen and office space. He stated once the administrative offices were completed the addition dormitory space would be completed and the additional 12 women clients would be added. He stated all street construction would be completed in the first phase. He stated the entire site design package would also be completed with the first phase. Mr. Williams stated the relocation of the September 18, 2008 SUBDIVISION ITEM NO.: H.1 (Cont.) FILE NO.: Z-8367 13 treatment aspect of the BCD activities would allow for a City funded youth program currently taking place at Hoover United Methodist Church to be separated. Reverend John Hammond addressed the Commission in opposition. He stated there were a number of questions in need of addressing before the Commission reviewed the request. He questioned the number of patients, the number of employees, if the patients were local or from other areas of the state or even nationally. He questioned the success rate of the program. He questioned how the center would embrace the community. He questioned the age ranges of the residents. He stated his desire was to see the neighborhood improve but felt this would detract from the area. Ms. Nancy Robinson addressed the commission addressed the Commission in opposition. She stated she was a resident of 824 Johnson Street. She stated she was opposed to the decision of constructing this facility within a neighborhood. She stated the value of homes would go down. She stated she wanted to keep the value of homes up in the area. She stated the neighborhood was drug infested and the residents could not go out at night because of the area. She stated she was raising children in the area and the site was located near her grandchildren’s daycare. She stated the 5 million dollars could go to a better cause and be of better benefit than construction of a rehab center within the neighborhood. Mr. Ted Atkins addressed the Commission in opposition of the request. He stated he had lived in the neighborhood for 30 plus years. He stated there were two school bus stops located within the area proposed for rezoning. He stated children walked to school through this area. He stated this was not the location for a rehab center. He stated he did not want to go out his front door and/or take his children to the bus stop and be forced to see drug, alcohol or psychiatric patients. Ms. Ruth Bell, League of Women Voters, addressed the Commission in opposition of the request. She stated the League felt this site was inappropriate for this type facility to be located within a residential neighborhood. She stated she was aware of the daycare because a number of residents had come down and spoke at the public hearing addressing the need for the daycare facility. She stated if BCD was only using one-half of the block with the activities taking place along 12th Street then the League would be more supportive of the development in this area. She stated a structure this intense did not belong in a residential setting. September 18, 2008 SUBDIVISION ITEM NO.: H.1 (Cont.) FILE NO.: Z-8367 14 Ms. Jeanette Booth addressed the Commission in opposition. She stated she was the past president of the Pine to Woodrow neighborhood association. She stated for a number of years she worked to better the community and lost finances doing so. She stated the desire of the neighborhood was to add value to the area. She stated the residents took pride in their neighborhood even though the area was drug infested. She stated she was opposed to a mega rehab facility within the residential neighborhood. She stated the BCD was saying a dormitory would add pride and value to the neighborhood and she was here to tell the Commission no. She stated property values would decrease and more drug dealers would move to the area. She stated the BCD was not looking at the big picture but at the inside of the building. She stated a number of the patients recovered but a number fell back into the previous life. She requested the Commission vote with the people and the property owners not the building and the drug use. Ms. Lorena Bush addressed the Commission in opposition. She stated she had lived in the neighborhood for 38 years and lived one-half block from the proposed facility. She stated she was very opposed to the rezoning. Ms. Maudella Morehead addressed the Commission in opposition. She stated she represented Hope Neighborhood Association. She stated the anchor of a neighborhood should be strong and family oriented. She stated the BCD had opened the doors to recurring substance abusers and housed a substance abuse living center within crack alley. She stated 12th Street was the central corridor of the City and after a number of years the City now recognized this. She stated work was progressing with the Mayor and City leaders to add vitality back to the area. She stated her desire was to add residential units to the area. She stated the neighborhood was looking at plans to add walking paths, open spaces, restaurants and business to the area. She stated Mid-town was not the place for this center. She stated the center needed to be on the outskirts of town. Ms. Quentilla Jones addressed the Commission in opposition of the request. She stated she lived in the area and her home was one of the homes proposed for removal. She stated she did not want to move. She stated she had raised her children in this home and was not ready to sell and move away from the area. Mr. William Oldham addressed the Commission in opposition. He provided the Commission with a petition containing 140 names in opposition of the request. Ms. Debbie Stripling, Director of the Florence Crittenden Youth home addressed the Commission in opposition of the request. She stated the youth center September 18, 2008 SUBDIVISION ITEM NO.: H.1 (Cont.) FILE NO.: Z-8367 15 provided services to children whose parents were ordered to treatment centers for rehab. She stated the court typically did not allow the youth and parents to have contact. She stated there was a potential for the youth to be housed across the street from the parents within the treatment program. She stated this could cause a difficult situation. Mr. Williams stated Ms. Jones property was under contract and BCD could provide a copy of the contract but did not have the contract with them this evening. Mr. Charles Vann addressed the Commission stating the agreement was for BCD to construct Ms. Jones a new home on Oak Street. He stated Ms. Jones had recently visited the site of her new home with the Reverend and himself as little as three weeks ago. Mr. Williams stated the BCD had served a diverse clientele from various backgrounds and income levels. He stated the success rate was 92 percent. He stated the new development would add value to the area. He stated with the new center a courtyard would be constructed for both the patients and the residents. He stated currently when the men took breaks they were forced to hang out on the sidewalk. He stated with the new center the private courtyard would allow the men to take their break within this area. He stated the new center would have better security and security cameras. He stated the front of the building would be designed to add to the community. He stated if school bus stops needed to be moved then the BCD would work with the school district to move the stops. Ms. Deborah Bell addressed the Commission. She stated the BCD had a number of partners and offered a number of programs for the residents. She stated the center was not just a rehab but provided a holistic approach to rehabilitation. She stated the BCD had constructed 24 new homes in the area and many of the homeowner had completed the rehab program offered by BCD. Reverend Robinson stated he had lived in the neighborhood for 39 years and his mother and grandmother had also lived in the community. Mr. Robert Webb addressed the Commission in support of the request. He stated the BCD was an asset to the Community and the City. He stated the City and the police department did not respond to calls within the area. He stated 911 calls were slow to be answered and when residents placed limbs on the curb for collection the piles would lay for a long time before the City came to pick up the debris. He stated a vote against BCD was a vote against the neighborhood. September 18, 2008 SUBDIVISION ITEM NO.: H.1 (Cont.) FILE NO.: Z-8367 16 George Jean Allen addressed the Commission. She stated she was working with the Pine to Woodrow Neighborhood association and had seen the neighborhood decline. She stated the area had a number of boarded homes and felt the new construction would be an asset to the community. She stated the Commission needed to think about what was good for the community. She stated crime was in the neighborhood. She stated the facility would help to deter crime. Raven Gregory addressed the Commission in support. She stated she had lived in the neighborhood for four years and seen the crime in a state of change. She stated the BCD was there to help the community. She stated a recovery center would help everyone. She stated the community needed to help each other. Reverend Robinson stated the BCD was a part of the longevity of the community. He stated the 24 new homes constructed by the BCD were done so to add to the community. He questioned why the BCD would do anything to take away from the area it was trying so hard to revitalize. Deputy City Attorney Cindy Dawson stated if the BCD could not provide a copy of the contract or an affidavit with Ms. Jones’ signature then the Commission had no ground to hear the item. She stated the code was very specific and Ms. Jones had stated in the public hearing BCD did not have authorization to rezone her property. There was a general discussion by the Commission concerning what was acceptable proof for rezoning. Staff stated an executed affidavit by the property owner or a contract which included language regarding rezoning. A motion was made to defer the item to the October 30, 2008, public hearing. The motion carried by a vote of 8 ayes, 0 noes and 3 absent. September 18, 2008 ITEM NO.: 1 FILE NO.: S-289-B NAME: Brimer Subdivision Preliminary Plat LOCATION: Located on Mabelvale Cut-off, North of Brimer Road DEVELOPER: Mystery Properties Inc. P.O. Box 56403 Little Rock, AR 72215 ENGINEER: McGetrick and McGetrick Engineers 10 Otter Creek Court, Suite A Little Rock, AR 72210 AREA: 1.65 acres NUMBER OF LOTS: 8 FT. NEW STREET: 0 CURRENT ZONING: R-2, Single-family PLANNING DISTRICT: 15 – Geyer Springs West CENSUS TRACT: 41.05 VARIANCES/WAIVERS REQUESTED: A variance request to allow a reduced lot depth for Lot 1 (Section 31-232(a)). BACKGROUND: On July 13, 1982, the Planning Commission approved a two-lot plat (and a CUP for a Church on Lot A) for the Light House Baptist Temple Lots A and B. The plat was final platted and recorded December 1, 1982. The current proposal includes the land area of Lot A, which has not developed. (Lot B was replatted into Courtney Subdivision.) On February 20, 2003, the Little Rock Planning Commission approved an eight lot preliminary plat for this site. The lots had street frontage on Mabelvale Cut-off and Brimer Road. The lots averaged 7,020 square feet and a 35-foot platted building line was located adjacent to Mabelvale Cut-off with a 25-foot platted building line adjacent to Brimer Road as required by the Subdivision Ordinance. September 18, 2008 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-289-B 2 Section 31-94(e) states a preliminary plat approved by the Planning Commission shall be effective and binding upon the Commission for two years from the date of approval or as long as work is actively progressing at the end of which time the final plat application for the subdivision must have been submitted to the planning staff. Any plat not receiving final approval within the period of time set forth herein or otherwise conforming to the requirements of the Subdivision Ordinance shall be null and void, and the developer shall be required to submit a new plat of the property for preliminary approval subject to all zoning restrictions and the Subdivision Ordinance. The time period for approval of the previously approved preliminary plat has expired and the applicant did not request a time extension as set forth by the Subdivision Ordinance. A. PROPOSAL/REQUEST: The previously approved preliminary plat has expired and the applicant desires to re-establish the plat with the exact lot configuration as was approved on February 20, 2003. The plat will contain eight lots with three lots fronting Mabelvale Cut-off and five lots fronting Brimer Road. The preliminary plat indicates the placement of a 35-foot platted building line along Mabelvale Cut-off and a 25-foot platted building line along Brimer Road. The average lot size proposed is 7,020 square feet. The plat is indicated with a variance from the Subdivision Ordinance to allow a reduced lot depth for proposed Lot 1. The lot depth proposed along the western perimeter is 44 feet, which is less than the typically required 100 feet. B. EXISTING CONDITIONS: The site is vacant with a scattering of trees. Brimer Road is a narrow unimproved (no sidewalk) roadway with open ditches for drainage. Mabelvale Cut-off has been completed to Master Street Standard for a minor arterial through a public project. There are single-family residences located in the immediate area with the homes south of Mabelvale Cut-off being on large lots. The homes north of Mabelvale Cut-off, in the Woodbridge Subdivision, are located on similar sized lots as the lots proposed. There is a relatively new single-family home located immediately west of the site. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received one phone call in opposition of the request. All abutting property owners of the site along with Southwest United for Progress and the Legion Hut Neighborhood Association were notified of the Public Hearing. September 18, 2008 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-289-B 3 D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Mabelvale Cutoff is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. 2. With site development, provide the design of the street conforming to the Master Street Plan. Construct one-half street improvements to Brimer Road including 5-foot sidewalks with the planned development. The new back of curb should be located 13 feet from the centerline. 3. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 4. 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). 5. 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. 6. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. 7. 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. 8. 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. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required with easements for Lots 1, 2 and 3. Contact Little Rock Wastewater Utility for additional information. Entergy: Approved as submitted. Center-Point Energy: No comment received. September 18, 2008 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-289-B 4 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 Works regarding the location of water meter(s). A Capital Investment Charge based on the size of the meter connection(s) will apply to this project in addition to normal charges. Contact Central Arkansas Water for additional information. Fire Department: Place and install fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is located on CATA Bus Route #17, Mabelvale-Downtown and #17A, Mabelvale-UALR. G. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (August 28, 2008) Mr. Pat McGetrick, McGetrick and McGetrick Engineers, was present representing the application. Staff gave an overview of the proposed development to the Subdivision Committee indicating there were additional items necessary on the proposed preliminary plat. Staff requested Mr. McGetrick provide the source of title in the general notes section of the preliminary plat. Staff stated there were previously concerns with three driveway locations onto Mabelvale Cut-off. Staff stated the previous approval limited the approval to two driveway locations. Lots 2 and 3 shared a driveway on the lot line and Lot 1’s driveway was to be located as far as feasible away from this break as possible. Staff stated the driveway locations had been identified on the proposed preliminary plat. Staff stated there were previously concerns of the buildability of Lot 1. Staff stated the proposed plat indicated the buildable area of Lot 1. Staff noted comments from Central Arkansas Water and Little Rock Wastewater requesting Mr. McGetrick contact these agencies for additional information. There being no further issues for discussion, the Committee then forwarded the item to the full Commission for final action. September 18, 2008 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-289-B 5 H. ANALYSIS: The applicant submitted a revised preliminary plat to Staff addressing most of the issues raised by staff and the Subdivision Committee. The applicant has indicated in the General Notes section the source of title of the landowner. The applicant has indicated on the preliminary plat the proposed dedication of right-of-way to both streets, Brimer Road and Mabelvale Cut-off, and indicated street improvements will be made to Brimer Road. The proposed lots meet the minimum requirements of the Subdivision Ordinance, being greater than 60-feet in width and more than 7,000 square feet in area, as required for R-2, Single-family zoning. There is a variance to allow a reduced lot depth for Lot 1. The ordinance typically requires a minimum lot depth of 100-feet. The lot is proposed with a lot depth along the western perimeter of 44 feet. The applicant has provided staff with a building envelope indicating the buildability of Lot 1 with a new residence. Staff feels the building envelope is adequate for new construction without requiring setback variances at the time of development. Staff is supportive of the proposed preliminary plat. Although, the lots are somewhat smaller than the land area of homes located around the site, the lots average 7,020 square feet comparable to the lots to the north of the site in the Woodbridge Subdivision. Although there is a variance to allow a reduced lot depth for Lot 1 staff does not feel the variance significantly impacts the developability of the lot. The applicant has indicated the buildable area for Lot 1 and in that area it appears that a 1,800 – 2,000 single-story home could be constructed. To Staff’s knowledge, there are no outstanding issues associated with the proposed preliminary plat. I. STAFF RECOMMENDATIONS: 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. Staff recommends approval of the variance request to allow the creation of Lot 1 with less than the typically required lot depth of 100-feet. September 18, 2008 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-289-B 6 PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of deferral. There was no further discussion of the item. The chair entertained a motion for placement of the item on the consent agenda for deferral. The motion carried by a vote of 6 ayes, 0 noes and 5 absent. September 18, 2008 ITEM NO.: 2 FILE NO.: Z-4509-A NAME: Levi Short-form PD-R LOCATION: Located at 100 Rice Street DEVELOPER: The C Street Group LLC P.O. Box 25176 Little Rock, AR 72225 ENGINEER: Brooks Surveying Inc 20820 Arch Street Pike Hensley, AR 72065 AREA: 0.17 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: R-3, Single-family ALLOWED USES: Single-family residences PROPOSED ZONING: PD-R PROPOSED USE: Four Unit Apartment VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: On August 27, 1985, the Little Rock Planning Commission denied a request to rezone the site from R-3, Single-family to R-5, Urban Residence. The request was the result of an enforcement case. The site had a history of a non-conforming triplex. At some point, there was a fire that heavily damaged the building. When the owner rebuilt the interior, he converted the attic into a fourth unit, thus, expanding the non-conforming structure without first trying to obtain the necessary zoning. The City became aware of the fourth unit when the owner tried to obtain the fourth utility meter thus necessitating the rezoning request. September 18, 2008 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: Z-4509-A 2 A. PROPOSAL/REQUEST: The applicant is seeking a rezoning of the site from R-3, Single-family to PD-R to allow the use of this existing structure as a four-plex. According to the applicant the site has a history of four residential units. A letter provided by the applicant from Center-Point Entergy indicates utility billing service was provided to the structure with four separate meters as far back as 1997 with the most recent date of service June 15, 2007. The letter does not indicate the number of units served during this time period. Staff contacted Entergy, which stated four utility meters had served the site but it appeared the fourth meter was disconnected in 2004 or 2005 and the site had been served by one utility meter since at least 2006. According to information provided by the Pulaski County Assessor’s office, for taxation purposes, the site is considered a duplex. If the site had any established non-conforming status this status has been lost since the site has not been four residential units within the last year. The current zoning of the property would allow for a single-family residence and with the approval of a conditional use permit a duplex would be allowed. B. EXISTING CONDITIONS: The lot is located on the south side of West Markham Street across from the Schools for the Deaf and Blind. The structure is a two-story frame structure. Renovations have begun on the structure. The alley located behind the home is a functioning alley. The immediate neighborhood is made up of primarily single- family units, but there are also some two and three unit structures. The zoning is R-3, Single-family with a few lots zoned R4, Two-family and R-5, Urban Residence within a block of the property. Further to the east, approximately two blocks away, the area includes more R-5, Urban Residence and R-6, High Rise Apartment zoned properties but they do not appear to have undergone the amount of reinvestment in the homes as the neighborhood around Rice Street. Some land east of Barton Street is still vacant and is close to the MOPAC Railroad Tracks. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area property owners. All property owners located within 200 feet of the site, all residents, who could be identified, located within 300 feet and the Capitol View Stifft’s Station Neighborhood Association were notified of the Public Hearing. September 18, 2008 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: Z-4509-A 3 D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: A 20-foot radial dedication of right-of-way is required at the intersection of Rice Street and West Markham Street. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer service available to this property. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Fire Department: Approved as submitted. County Planning: No comment. CATA: The site is located near CATA Bus Route # 1, Pulaski Heights and #8, Rodney Parham. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Heights Hillcrest Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for a rezoning from R-3, Single-family to Planned Residential Development to allow the use of this existing structure as a four-plex. While the Land Use Plan does show Single Family for this area, this house is already an existing three-plex. The existing structures will be used and the review is using the Planned Zoning District process to assure compatibility. The request does not require a change to the Land Use Plan. Master Street Plan: West Markham Street 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 September 18, 2008 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: Z-4509-A 4 and exits should be limited to minimize negative effects of traffic and pedestrians on West Markham Street since it is a Minor Arterial. Rice 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 zoning than duplexes, are considered as “Commercial Streets.” These streets have a design standard the same as a Collector. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class III is shown along West Markham Street. A Class III bikeway is a signed route on a street shared with traffic. No additional paving or right-of-way is required. Class III bicycle route signage may be required. Neighborhood Action Plan: This area is covered by the Capitol View/Stifft Station Neighborhood Action Plan. The Community Preservation Goal states: “Preserve housing stock in the neighborhood” and “Encourage new architecturally compatible residential construction.” Landscape: 1. The site plan must comply with the City’s landscape and buffer ordinance requirements. 2. Any/all new parking areas must comply with the City’s landscape and buffer ordinances. 3. The zoning buffer ordinance requires an eight-foot (8’) wide street buffer along Rice Street. 4. The zoning buffer ordinance requires a six foot nine inch wide (6’-9”) street buffer along West Markham Street. 5. The zoning buffer ordinance requires a six foot nine inch wide (6’-9”) land use buffer along the southern property line. Seventy percent (70%) of this area must remain undisturbed. 6. The property to the south is zoned residential; therefore, 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 southern perimeter of the site. G. SUBDIVISION COMMITTEE COMMENT: (August 28, 2008) Mr. Lance Levi was present representing the request. Staff presented an overview of the proposed development stating there were few outstanding technical issues associated with the request. Staff requested Mr. Levi provide September 18, 2008 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: Z-4509-A 5 the proposed parking plan. Staff stated based on typical ordinance standards a four unit multi-family development would require the placement of six on-site parking spaces. Staff questioned if any signage was proposed. Staff also requested Mr. Levi provide details of any existing or proposed fencing located on the site. Public Works comments were addressed. Staff stated a 20-foot radial dedication was required at the intersection of Rice and West Markham Streets. Landscaping comments were addressed. Staff stated landscaping would be required with any new on-site parking areas. Staff stated a land use buffer and screening was required along the southern perimeter. Staff stated street trees were encouraged along West Markham Street. 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: Mr. Levi provided staff with a revised site plan addressing most of the issues raised at the August 28, 2008, Subdivision Committee meeting. The applicant has not provided the proposed parking plan. The applicant has indicated no signage is proposed. The revised site plan indicates the placement of a 20-foot radial dedication as required by Public Works comments. Staff feels based on the lot dimensions and depth of the rear yard area four parking spaces may be constructed in the rear yard of the site in two different configurations. If the spaces are constructed to pull into the site with the headlights facing West Markham Street four spaces will fit but this configuration does not allow for the typically required 6’9” landscape strip along the northern and southern perimeters. If the spaces pull into the site with the headlights facing the rear of the structure four spaces may be constructed and the typical 6’9” landscape strip can be provided along the northern and southern property lines. The parking will be accessed via the alley, which extends from 2nd Street. No alley access is allowed from West Markham Street. If the site is developed with four units, six on-site parking spaces would typically be required. Street parking is available to provide the remaining spaces. The applicant is requesting a deferral of the screening requirement along the southern perimeter. There is an existing six-foot wood fence located in the rear yard area owned by the adjoining property owner. Since the screening is required of the more intense use the applicant is seeking a deferral of the September 18, 2008 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: Z-4509-A 6 screening until the adjacent property owner removes the existing fence and at such time the applicant would install the required screening. The applicant is seeking a waiver of the screening requirement in the area the two structures are adjacent. There is an existing sidewalk located on the property line and is shared between the two property owners. The applicant has indicated a desire to maintain the existing characteristics of the area and not “wall in” the site. Staff is supportive of the screening as proposed. Staff is not supportive of the request to allow four units. The parking plan does not support four units. In addition, the area has undergone a transformation in recent years by converting multiple unit structures back to single-family homes. Staff recognizes the structure has a history of multiple units but feels the previously recognized three units should not be exceeded. In 1985, the site was considered for a rezoning to allow four units on the site, which was not supported by staff or the Planning Commission. Staff feels the intensification to allow four units at this time is less desirable than 20 years ago with the recent reinvestment in the neighborhood and housing stock. The redevelopment of the site as two units is the most desirable but staff accepts the site has a history of three units and would recommend at most the site be allowed to redevelop with three units. I. STAFF RECOMMENDATIONS: Staff recommends denial of the request as filed. PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated September 11, 2008, requesting this item be withdrawn from consideration, without prejudice. Staff stated they were supportive of the withdrawal request. There was no further discussion of the item. The chair entertained a motion for placement of the item on the consent agenda for withdrawal. The motion carried by a vote of 6 ayes, 0 noes and 5 absent. September 18, 2008 ITEM NO.: 3A FILE NO.: LU08-11-02A Name: Land Use Plan Amendment - I-430 Planning District Location: The southwest corner of Kanis and Shackleford Roads Request: Community Shopping to Office and Commercial Source: Staff PROPOSAL / REQUEST: Prompted by the Land Use Amendment request at the southeast corner of Kanis and Shackleford, the Planning Staff expanded the area of review to include the area at the southwest corner of this same intersection. Staff is now proposing a Land Use Plan amendment in the I-430 Planning District from Office to Commercial. This site did not develop as Community Shopping. The Office and Commercial categories would better represent the services that are now being provided at this site. The applicant has requested the related zoning and land use items be deferred until the October 30, 2008 meeting. Staff is supportive of this request and recommends this item for deferral until that time. PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008) This item was placed on the consent agenda for deferral to the October 30, 2008 hearing at the request of the applicant. By a vote of 6 for and 0 against the consent agenda was approved. September 18, 2008 ITEM NO.: 3B FILE NO.: LU08-11-02B Name: Land Use Plan Amendment - I-430 Planning District Location: The southeast corner of Kanis and Shackleford Roads Request: Office to Commercial Source: Joe White, White-Daters PROPOSAL / REQUEST: The applicant has requested this item be deferred until the October 30, 2008 meeting. Staff is supportive of this request. A Land Use Plan amendment in the I-430 Planning District from Office to Commercial. Commercial represents a broad range of retail and wholesale services. The applicant has filed for a Planned Commercial Development to allow a restaurant use on this site. Prompted by this Land Use Amendment request, the Planning Staff expanded the area of review to include area immediately west of the application site. With these changes, the existing commercial site at the southeast corner of Kanis and Shackleford would be amended to recognize existing uses. It is thought that the additional area would make the boundaries more logical. PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008) This item was placed on the consent agenda for deferral to the October 30, 2008 hearing at the request of the applicant. By a vote of 6 for and 0 against the consent agenda was approved. September 18, 2008 ITEM NO.: 3.1 FILE NO.: Z-4565-A NAME: Kanis/Shackleford Lot 2 Short-form PCD LOCATION: Located just West of Kaufman Road in the 10700 Block of Kanis Road DEVELOPER: Taco Bueno Restaurants, LP 1605 LBJ Freeway, Suite 800 Farmers Branch, TX 75234 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 1.0 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: O-3, General Office District ALLOWED USES: General Office PROPOSED ZONING: PCD PROPOSED USE: Restaurant with drive-through service VARIANCES/WAIVERS REQUESTED: A variance to allow reduced driveway spacing. The applicant submitted a request dated August 28, 2008, requesting a deferral of this item to the October 30, 2008, public hearing. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated August 28, 2008, requesting a deferral of this item to the October 30, 2008, public hearing. Staff stated they were supportive of the deferral request. September 18, 2008 SUBDIVISION ITEM NO.: 3.1 (Cont.) FILE NO.: Z-4565-A 2 There was no further discussion of the item. The chair entertained a motion for placement of the item on the consent agenda for deferral. The motion carried by a vote of 6 ayes, 0 noes and 5 absent. September 18, 2008 ITEM NO.: 4A FILE NO.: LU08-04-02A Name: Land Use Plan Amendment - Heights/Hillcrest Planning District Location: Hillcrest Street and Kavanaugh Boulevard Request: Single Family and Multi Family to Public Institutional Source: Staff PROPOSAL / REQUEST: Prompted by the Land Use Amendment request at I Street (LU08-04-02), the Planning Staff expanded the area of review to include the area at the northeast corner of Hillcrest Street and Kavanaugh Boulevard. Staff is now proposing a Land Use Plan amendment in the Heights/Hillcrest Planning District from Single Family and Multi Family to Public Institutional. Public Institutional represents services public and quasi-public facilities that provide services to the surrounding community. EXISTING LAND USE AND ZONING: The property is currently zoned C-3 General Commercial and R-2 Single Family. The amendment area is approximately 1.5 acres and is the site of the Grace Lutheran Church and daycare facilities. Immediately south is zoned R-2 Single Family with a Conditional Use Permit for the Mount Saint Mary Academy campus. To the west is zoned C-3 General Commercial for two small shopping centers and an apartment complex. To the north is zoned R-5 Urban Residence District for a large apartment complex. The east is zoned R-2 Single Family for single family residences. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: There have not been any amendments in this vicinity in the past ten years. This area is shown on the Land Use Plan as Single Family and Multi Family. The property to the south is shown as Public Institutional. To the west and northwest is shown as Commercial; to the north is shown as Multi Family; and to the east is shown as Single Family. MASTER STREET PLAN: Kavanaugh Boulevard is a Minor Arterial. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Hillcrest Street is a Local Street. The primary function of a Local Street is to provide access to adjacent properties. Local Streets which are abutted by non-residential zoning/use or more intensive zoning than duplexes are September 18, 2008 SUBDIVISION ITEM NO.: 4A (Cont.) FILE NO.: LU08-04-02A 2 considered as “Commercial Streets”. These streets have a design standard the same as a Collector. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. BICYCLE PLAN: A Class III bike route is shown on Kavanaugh Boulevard. A Class III bikeway is a signed route on a street shared with traffic. No additional paving or right-of-way is required. Class III bicycle route signage may be required. PARKS: This area is within eight blocks of a city park. Allsopp Park is located abut ¼ mile northeast of the amendment area. Prospect Terrace Park is about 1/8 mile northwest of this area. HISTORIC DISTRICTS: There are no city recognized historic districts that would be affected by this amendment. CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN: The Hillcrest Neighborhood Plan covers this amendment area. Their zoning and land use goal states: “revise the land use map for the neighborhood to reflect changes in proposed land use and consolidation and elimination of certain land uses.” This amendment would recognize existing uses. ANALYSIS: This application was initiated by City Planning Staff as a direct result of LU08-04-02 being filed for I Street in an effort to update the Future Land Use Plan for the area. This amendment to the plan is considered by Staff to be a ‘clean up’ to recognize existing conditions. The area was reviewed for conformance with the zoning and existing use pattern. With this review, Staff feels this area should be amended to Public Institutional on the plan to represent the existing use of the Grace Lutheran Church campus. This amendment is designed to make the Future Land Use Plan a more suitable representation of current and likely mid-term future uses for this area. Staff does not believe that the existing use is likely to change, and the Future Land Use Plan would be more reliable for all users if this school and church were recognized. September 18, 2008 SUBDIVISION ITEM NO.: 4A (Cont.) FILE NO.: LU08-04-02A 3 NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood association: Hillcrest. Staff has received no comments from area residents. STAFF RECOMMENDATIONS: Staff believes the change is appropriate. PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008) This item was placed on the consent agenda for deferral to the October 30, 2008 hearing at the request of the applicant. By a vote of 6 for and 0 against the consent agenda was approved. September 18, 2008 ITEM NO.: 4B FILE NO.: LU08-04-02B Name: Land Use Plan Amendment - Heights/Hillcrest Planning District Location: I Street and Kavanaugh Request: Low Density Residential (LDR) to Multi Family (MF) Source: Richard Harp, CAR Holdings, LLC PROPOSAL / REQUEST: A Land Use Plan amendment in the Heights/Hillcrest Planning District from Low Density Residential (LDR) to Multi Family (MF). Multi Family (MF) represents residential developments of ten to thirty six units per acre. The applicant has filed for a Planned Residential Development to allow 14 units on one-half of an acre. Prompted by this Land Use Amendment request, the Planning Staff expanded the area of review to include the area to the east between the application and Kavanaugh Boulevard. It is thought that the additional area would make the boundaries more logical. EXISTING LAND USE AND ZONING: The property is currently zoned for a Planned Residential Development (PRD) with R-2 and R-4 zoning fronting Kavanaugh Boulevard. The residences fronting Kavanaugh appear to be single family and the PRD has a duplex and two four- plexes. The amendment area is one acre ± in size. To the east is zoned R-2 Single Family with a Conditional Use Permit for Mount Saint Mary Academy. The south, west and northwest is also all zoned R-2 Single Family for single family residences and Holy Souls Church and School, which has a Conditional Use Permit. To the north of this amendment is zoned R-4 Two Family District for single family residences and some duplexes. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: There have not been any amendments in this vicinity in the past ten years. The amendment area is currently shown as Low Density Residential. The property to the north and west is shown as Single Family and the east is shown as Low Density Residential. The property on the south side of I Street is shown as Single Family and Multi Family. The property on the east side of Kavanaugh is shown as Public Institutional. September 18, 2008 SUBDIVISION ITEM NO.: 4B (Cont.) FILE NO.: LU08-04-02B 2 MASTER STREET PLAN: Kavanaugh Boulevard is a Minor Arterial. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. I Street is a Local Street. The primary function of a Local Street is to provide access to adjacent properties. Local Streets which are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. These streets have a design standard the same as a Collector. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. BICYCLE PLAN: A Class III bike route is shown on Kavanaugh Boulevard. A Class III bikeway is a signed route on a street shared with traffic. No additional paving or right-of- way is required. Class III bicycle route signage may be required. PARKS: This area is within eight blocks of a city park. Allsopp Park is located abut ¼ mile northeast of the amendment area. Prospect Terrace Park is about 1/8 mile northwest of this area. HISTORIC DISTRICTS: There are no city recognized historic districts that would be affected by this amendment. CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN: This amendment is covered by the Hillcrest Neighborhood Plan. The Housing Goal states: “Pursue establishing an overlay district that protects the eclectic architectural character of the Hillcrest Neighborhood without imposing unreasonable restrictions on property owners' rights to remodel of otherwise alter their property.” The Hillcrest Design Overlay District has been implemented and the applicant has filed a Planned Development, which is a separate item on this agenda. ANALYSIS: The applicant’s property is already zoned for a Planned Residential Development (PRD). The original PRD was filed in August of 2000 and a land use plan September 18, 2008 SUBDIVISION ITEM NO.: 4B (Cont.) FILE NO.: LU08-04-02B 3 amendment for the area was also filed at that time. The PRD was approved at that time, but the land use plan amendment from Low Density Residential to Multi Family was denied. With the approval of that PRD, this site was allowed to have 10 units on half an acre, with is 20 units per acre. The Multi Family land use category is for residential developments of 10 to 36 units per acre. The applicant is now proposing to add two more units, which would increase the density to 12 units, or 24 units per acre. Staff has reviewed this area and increased the amendment site to include the residences between this PRD and Kavanaugh Boulvard. This would bring the Multi Family category east all the way to Kavanaugh, which would make the plan more logical. The section of the Hillcrest Neighborhood is characterized by the balance between houses, duplexes and apartments. Small single family houses near Harrison Street and small duplexes located near Kavanaugh are typical examples of the surrounding neighborhood. There are small apartment buildings of varying size along Kavanaugh south of this amendment area. This amendment would increase the density of dwelling units located on the property, which is already a very dense development. There does not appear to be a demand for more intensity in this area. Several houses on I Street and in the surrounding neighborhood are former duplexes that have been converted back to single family residences. There is a balance of single family and multi family residences in Hillcrest, and adding more density at this time could disturb this balance. NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood association: Hillcrest. Staff has received one positive comment from an adjacent property owner. STAFF RECOMMENDATIONS: Staff believes the change is not appropriate. PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008) This item was placed on the consent agenda for deferral to the October 30, 2008 hearing at the request of the applicant. By a vote of 6 for and 0 against the consent agenda was approved. September 18, 2008 ITEM NO.: 4.1 FILE NO.: Z-6883-A NAME: Harp’s Quadplex Short-form PD-R LOCATION: Located at 5212 I Street DEVELOPER: CARD Holdings, LLC Mr. Richard Harp 17200 Chenal Parkway, Suite 300 Little Rock, AR 72223 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 0.19 acres NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF CURRENT ZONING: PRD ALLOWED USES: Duplex, Four-plex and a Six-plex PROPOSED ZONING: Revised PD-R PROPOSED USE: 2-Four-plex Buildings and a Six-plex Building VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: On August 3, 2000, the Little Rock Planning Commission approved a request to rezone the site from R-2, Single-family and R-4, Two-family to PRD to allow a single-family residence located at 5215 J Street to be removed and a new four-plex constructed in its location. The existing parking was to be upgraded with the construction of a new parking area behind the six-unit apartment building containing a total of 16 surface parking spaces accessed from J Street. The six-plex had four garage parking spaces accessed from J Street. The Board of Directors adopted Ordinance No. 18,379 on October 17, 2000, rezoning the site to PRD. A land use plan amendment was also filed to change the site from Single Family and Low Density Residential to Multi-family. This September 18, 2008 SUBDIVISION ITEM NO.: 4.1 (Cont.) FILE NO.: Z-6883-A 2 application request was denied by the Planning Commission and was not appealed to the Board of Directors. A. PROPOSAL/REQUEST: The request is to revise the previously approved PRD to allow an existing duplex structure to be removed from the site and a new four-unit apartment building constructed within this area. According to the applicant, the duplex building is beyond cost effective repair, remodel or updating. The applicant has applied for and received a demolition permit for the structure. The duplex is located adjacent to a vacant lot. The site plan submitted indicates a staggered 4-plex, town home style, to occupy both the lots currently occupied by the duplex and the vacant lot. Parking upgrades will be provided to the rear of the structure accessed from J Street. B. EXISTING CONDITIONS: There are three residential structures on this site, a four-unit apartment building, a six-unit apartment building and a duplex building currently undergoing extensive renovations/demolition. There are single-family residential structures to the east, west, south across I Street and north across J Street. A number of the residential structures in this area contain more than one dwelling unit but the area along I Street appears to be single-family. Mount St. Mary’s School is located further east across Kavanaugh Boulevard and Holy Souls School is located further west across Harrison Street. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several calls from persons expressing concern with the proposed development. All property owners located within 200 feet of the site, all residents, who could be identified, located within 300 feet and the Hillcrest Residence Neighborhood Association were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 2. The parking lots should be redesigned for sufficient vehicle maneuvering. September 18, 2008 SUBDIVISION ITEM NO.: 4.1 (Cont.) FILE NO.: Z-6883-A 3 E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required with easements. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. 3/4" is the largest meter size available off the existing 2" water main. Fire Department: Place and install fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is located on dedicated CATA Bus Route #1, Pulaski Height. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Heights/Hillcrest Planning District. The Land Use Plan shows Low Density Residential for this property. The applicant has applied for a rezoning to revise a previously approved Planned Residential Development to allow a new fourplex. A Land Use Plan amendment is a separate item on this agenda (LU08-04-02) a change from Single Family and Low Density Residential to Multi Family. Master Street Plan: Kavanaugh Boulevard is a Minor Arterial. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. I Street is a Local Street. The primary function of a Local Street is to provide access to adjacent properties. Local Streets, which are abutted by non-residential zoning/use or more intensive zoning than duplexes, are considered as “Commercial Streets”. These streets have a design standard the same as a Collector. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. September 18, 2008 SUBDIVISION ITEM NO.: 4.1 (Cont.) FILE NO.: Z-6883-A 4 Bicycle Plan: A Class III bike route is shown on Kavanaugh Boulevard. A Class III bikeway is a signed route on a street shared with traffic. No additional paving or right-of-way is required. Class III bicycle route signage may be required. Neighborhood Action Plan: This area is covered by the Hillcrest Neighborhood Plan. The housing goal states: “Recommend the creation of an Overlay District that would require Planned Unit Development (PUD) for reclassification of land use, density, or other infrastructure improvements.” The Hillcrest Design Overlay has been implemented. The Overlay requires the use of a Planned Unit Development for the redevelopment of this property. Landscape: 1. The site plan must comply with the City’s landscape and buffer ordinance requirements. 2. Any/all new parking associated with this project must comply with both the landscape and buffer ordinances. 3. It appears that part of the proposed parking is located within the required buffer area and the required perimeter landscape strip. A minimal strip of six feet nine inches (6’-9”) is required to meet both ordinance requirements. Variances from the Landscape Ordinance requirement must be approved by the City Beautiful Commission prior to the issuance of a building permit. 4. The properties to the east and west are zoned residential; therefore, 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 eastern and western perimeters of the site. 5. A street buffer averaging six percent of the depth of the entire property is required along I Street. The street buffer required is to average 10.54 feet and in no case less than nine feet. G. SUBDIVISION COMMITTEE COMMENT: (August 28, 2008) Mr. Richard Harp was present representing the request. Staff presented an overview of the proposed development stating there were additional items necessary to complete the review process. Staff requested the developer provide the necessary elements to allow staff to review the item per the Hillcrest Design Overlay District. Staff requested the grade plane and building coverage be provided. Staff also requested details of any proposed signage, the building height and any proposed fencing. Staff stated site lighting was to be low level and directed downward and into the site and not overspill the adjacent residential properties. September 18, 2008 SUBDIVISION ITEM NO.: 4.1 (Cont.) FILE NO.: Z-6883-A 5 Public Works comments were addressed. Staff stated the parking lot should be redesigned to allow sufficient vehicle maneuvering. Staff also stated any broken curb, gutter or sidewalk was to be repaired prior to the issuance of the certification of occupancy. Landscaping comments were addressed. Staff stated any new paving would require the placement of landscaping per the Landscape Ordinance. Staff also stated the property to the east and west were zoned residentially therefore screening was required along these perimeters. 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: Mr. Harp provided staff with a revised site plan addressing a number of the issues raised at the August 28, 2008, Subdivision Committee meeting. The revised site plan indicates no signage is proposed with the new development, the grade plane for the new structure is zero and provided the building coverage. The maximum building height proposed is 30-feet. The proposed fencing has not been noted on the site plan. Screening will be provided via a six foot wood fence or dense evergreen plantings to be determined at the time of building permit. The site contains an existing dumpster facility located within the parking lot area. The dumpster is proposed to be relocated from the existing location but will remain within the parking area. The hours of dumpster service have not been limited. Staff recommends the hours of service be limited to daylight hours. The site is proposed containing a total of 14 units. The new construction proposed is the removal of an existing duplex structure and construction of a new building containing four units. The site is located in the Hillcrest Design Overlay District. The typical parking required for a multi-family development containing 14 units would be 21 spaces; the DOD allows a 50% reduction resulting in 10 spaces being required with the minimum established being the maximum allowed. Street parking is also allowed to serve as the required spaces. Along J Street 10 spaces are provided and along I Street 8 spaces are provided. The development contains four garage spaces and 12 on-site spaces for a total of 16 on-site parking spaces. The purpose and intent section of the Hillcrest Design Overlay District states the purpose of the Overlay is to help maintain the built environment in a neighborhood that is rich in history and architectural character and consists of both a vital residential area and a thriving commercial sector. In order to preserve and enhance those qualities, compatible design and scale of buildings, parking areas, signage, landscaping, streetscapes, and street furnishings are required September 18, 2008 SUBDIVISION ITEM NO.: 4.1 (Cont.) FILE NO.: Z-6883-A 6 such that the friendly, pedestrian-oriented, "small-town" nature of the neighborhood is continued. Through additional guidelines for buildings, the district intends to prevent incompatible and poorly planned projects from having a negative impact on Hillcrest's unique character and its living and working environment. Such incompatible construction has the potential to destroy the very attributes that have attracted people to the neighborhood since its beginning as Little Rock's first "suburb" in the 1890s, and more recently during its resurgence since the 1960s. The Hillcrest Design Overlay District does not regulate building design or construction materials. The Overlay desires new construction and additions to respect the prevailing styles of the neighborhood. According to the Overlay the compatible design of housing contributes to the richness of the history and architectural character of Hillcrest. The developer has indicated the new construction will match the construction of the four-plex located along I Street both in building design and construction materials. The maximum building height proposed for the new structure is 30-feet. Per the Hillcrest Design Overlay District the building height and ridgeline elevations are to be a maximum of thirty-nine (39) feet or two and one-half (2 1/2) stories, measured from the "grade plane" to the ridgeline of the highest roof surface. In addition, new buildings and additions shall be constructed to an elevation that is within one story of the adjacent residential structures. The buildings as proposed comply with this typical Overlay standard. The Hillcrest Design Overlay District regulates the floor area ratio. The floor area ratio is defined as the total area of all floors of the principal structure as measured to the outside surfaces of the exterior walls and including halls, stairways, elevator shafts, and attached garages divided by the area of the lot. The floor area ratio for the new construction is 0.71 or 3,600/5,086. The floor area ratio for all three buildings is 15,828 square feet of building area and a lot area of 21,936 square feet. For residential structures with one floor, the floor area ration must not exceed 0.37 percent and for residential structures with two floors, the floor area ration must not exceed 0.50 percent. The existing buildings are two story and the new construction is also two story. The floor area ratio as proposed exceeds the typical standards established by the Overlay. Per the Hillcrest Design Overlay District the lot coverage for all structures under roof must not exceed 50 percent. For lots less than 4,500 square feet the maximum lot coverage for all structures must not exceed 60 percent. The total lot coverage of the development is 36.5 percent, a total of 8,007 square feet of building area and a total lot area of 21,936 square feet. The lot coverage as proposed complies with the typical standards established by the Overlay. Staff is not supportive of the request. Although, the site does comply with a number of the typical Overlay standards, with the exception of the floor area ratio September 18, 2008 SUBDIVISION ITEM NO.: 4.1 (Cont.) FILE NO.: Z-6883-A 7 requirement, in staff’s opinion the proposed new construction does not meet the purpose and intent section of the Hillcrest Design Overlay. In addition, the area proposed for new construction is located along I Street, which appears from a windshield survey, to be predominately single-family. Staff has a concern with the addition of four units onto this street and the possible impacts. The Overlay does not regulate building design or construction materials. The Overlay does state a desire for new construction and additions to be compatible design with the area to contribute to the richness of the history and architectural character of the neighborhood. In staff’s opinion, the building proposed for construction does not meet this desired intent. Also staff has concerns with the massing of the new construction proposed. In staff’s opinion, the new construction does not appear to be compatible with the existing architecture within the neighborhood. Staff feels the existing density should be maintained with the rehabilitation of the existing duplex structure. I. STAFF RECOMMENDATIONS: Staff recommends denial of the request as filed. PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated September 11, 2008, requesting a deferral of this item to the October 30, 2008, public hearing. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The chair entertained a motion for placement of the item on the consent agenda for deferral. The motion carried by a vote of 6 ayes, 0 noes and 5 absent. September 18, 2008 ITEM NO.: 5 FILE NO.: LU08-29-01 Name: Land Use Plan Amendment - Barrett Planning District Location: The northwest corner of Morgan Cemetery Road and Highway 10 Request: Transition to Mixed Office Commercial Source: Tim Daters, White-Daters PROPOSAL / REQUEST: The applicant has requested this item be deferred to the October 30, 2008 agenda. Staff is supportive of this request. PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008) This item was placed on the consent agenda for deferral to the October 30, 2008 hearing at the request of the applicant. By a vote of 6 for and 0 against the consent agenda was approved. September 18, 2008 ITEM NO.: 5.1 FILE NO.: Z-7948-B NAME: Morgan Lot 2 Short-form POD LOCATION: Located on the Northwest corner of Cantrell Road and Morgan Cemetery Road DEVELOPER: Lasiter Family Limited Partnership C/o Ranch Properties, Inc. 900 South Shackleford Road Little Rock, AR 72211 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 2.2 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family ALLOWED USES: Single-family Residential PROPOSED ZONING: POD PROPOSED USE: Mixed use development containing O-3, General Office District uses and C-3, General Commercial District uses VARIANCES/WAIVERS REQUESTED: None requested. The applicant submitted a request dated September 8, 2008, requesting a deferral of this item to the October 30, 2008, public hearing. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated September 8, 2008, requesting a deferral of this item to the October 30, 2008, public hearing. Staff stated they were supportive of the deferral request. September 18, 2008 SUBDIVISION ITEM NO.: 5.1 (Cont.) FILE NO.: Z-7948-B 2 There was no further discussion of the item. The chair entertained a motion for placement of the item on the consent agenda for deferral. The motion carried by a vote of 6 ayes, 0 noes and 5 absent. September 18, 2008 ITEM NO.: 6 FILE NO.: Z-8293-A NAME: Price Short-form PD-R LOCATION: Located at 8405 Ferndale Cut-off DEVELOPER: Rebekah Price 4500 Skyhawk Circle Little Rock, AR 72223 ENGINEER: White Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 1.35 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family ALLOWED USES: Single-family residential PROPOSED ZONING: PD-R PROPOSED USE: Three residential units – Existing single-family residence with the addition of a duplex VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: The applicant is proposing a rezoning of the site from R-2, Single-family to PD-R to allow the placement of three residential units on the site; the existing single- family home and the construction of a new duplex. The new structure will be placed with setbacks as typically required by the zoning ordinance for R-2, Single-family development. The site plan indicates the placement of a building envelope of 30 feet by 70 feet. The applicant has also indicated a desire to add covered parking and storage buildings as typically allowed per the R-2, Single-family zoning district. September 18, 2008 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-8293-A 2 B. EXISTING CONDITIONS: The site contains a single-family home with a few outbuildings. The area has developed with homes on large tracts and acreage. The area is predominately residential with a few non-conforming commercial uses. The property to the north appears to have a number of uses taking place including residential and non-residential uses. On the northern site there are a number of structures including site built and manufactured housing. Across from this site are residential units both single-family and multi-family. 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 and the Coalition of West Little Rock Neighborhoods were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Ferndale Cutoff at this location is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to 55 feet from centerline is required. Since the existing structure and pump house are only 50 feet from the centerline, a dedication of right-of-way 48 feet from centerline is required. 2. This property shows to be located in the 100-year floodplain. Contact Pulaski County Planning Department for more information pertaining to construction in the floodplain at this location. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Property outside the service boundary. Provide the means of wastewater disposal. Entergy: No comment received. Center-Point Energy: Approved as submitted. 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 if larger and/or additional water meter(s) are required. If a larger and/or September 18, 2008 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-8293-A 3 additional meter is needed, a Capital Investment Charge based on the size of the meter connection(s) will apply to this project in addition to normal charges. Fire Department: Fire hydrants maybe required. The site is located outside the City limits of Little Rock but within the Extraterritorial Planning Jurisdiction. Provide approval from the area volunteer fire department indicating their knowledge of the project and their ability to serve the development. County Planning: Establish the appropriate base flood elevation, fill to one foot above the established elevation and obtain a flood development permit from Pulaski County Planning. CATA: The site is not located on a CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Chenal Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for a rezoning from R-2 Single-family to Planned Residential Development to allow a duplex to be constructed on a site containing an existing single family home. This application is on a large tract of land, and the resulting density would be consistent with that of the Land Use Plan. The request does not require a change to the Land Use Plan. Master Street Plan: Ferndale Cutoff is a Principal Arterial. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Ferndale Cutoff since it is a Principal Arterial. This street may require dedication of right- of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class III is shown along Ferndale Cutoff. A Class III bikeway is a signed route on a street shared with traffic. No additional paving or right-of-way is required. Class III bicycle route signage may be required. Neighborhood Action Plan: The property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. September 18, 2008 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-8293-A 4 Landscape: 1. A small amount of landscaping will be required in conjunction with this development. 2. The zoning buffer ordinance requires a fifteen-foot wide (15’) land use buffer along the eastern property line. Seventy percent (70%) of this area is to remain undisturbed. 3. The zoning buffer ordinance requires a twelve-foot wide (12’) land use buffer along both the northern and the southern property lines. Seventy percent (70%) of this area is to remain undisturbed. 4. The zoning buffer ordinance requires an average fifteen foot wide (15’) street buffer and in no case less than half, along the western property line next to the street. G. SUBDIVISION COMMITTEE COMMENT: (August 28, 2008) The applicant was not present. Staff presented an overview of the site plan stating the Committee had previously reviewed the exact site plan. Staff stated the applicant had filed the request, which was later withdrawn without prejudice, because the applicant did not desire to move forward with the request. Staff stated they had met with the applicant and the applicant was working to secure the items remaining in need of addressing. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: There were no items raised at the August 28, 2008, Subdivision Committee meeting in need of addressing with a revised site plan. The applicant has provided staff with a letter from the area volunteer fire department indicating their knowledge of the project and their ability to serve the development. The site is located outside the City limits of the City of Little Rock therefore a septic system will be required to handle the wastewater needs. The request is to allow the construction of a new duplex on this site, which presently contains a single-family home. The home will remain resulting the three residential units on the property. The building footprint for the duplex is proposed as 30-feet by 70-feet containing a total of 2,100 square feet. The allowance of covered parking in the future should the need arise is being requested. Storage buildings may also be added to the site in the future. All structures will be placed as typically allowed in the R-2, Single-family Residential zoning district. Fencing is not proposed with the proposed construction of the new duplex. If fencing is added, the fencing will be added consistent with fencing allowed in residential zones. September 18, 2008 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-8293-A 5 The site plan indicates there is not a need for a dumpster facility. No signage is proposed for the development. The site is located adjacent to the 100-year floodplain. All new construction is to be reviewed by the County prior to development of the site. The site will be developed in residential style and character and a small amount of landscaping will be added within the front yard area. Staff is supportive of the request. The area contains a number of uses including conforming and non-conforming residential and non-residential. Across Ferndale Cut-off is a small apartment development and north of the site is what appears to be a sawmill operation. To staff’s knowledge there are no outstanding technical issues associated with the request. Staff does not feel the addition of the duplex on this 1.35 acre site will significantly impact the development or the area. I. STAFF RECOMMENDATIONS: 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: (SEPTEMBER 18, 2008) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. There was no further discussion of the item. The chair entertained a motion for placement of the item on the consent agenda for approval. The motion carried by a vote of 6 ayes, 0 noes and 5 absent. September 18, 2008 ITEM NO.: 7 FILE NO.: Z-8380-A NAME: Childress Short-form PD-R LOCATION: Located at 4923 Woodlawn Avenue DEVELOPER: Pamela Childress 10702 Crestdale Little Rock, AR 72212 SURVEYOR: Brooks Surveying 20820 Arch Street Pike Hensley, AR 72065 AREA: 0.20 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family ALLOWED USES: Single-family Residential PROPOSED ZONING: PD-R PROPOSED USE: Single-family residential – proposed one story addition with a reduced setback which is inconsistent with the Hillcrest Design Overlay District VARIANCES/WAIVERS REQUESTED: None requested. The applicant submitted a request dated August 28, 2008, requesting this item be withdrawn from consideration, without prejudice. Staff is supportive of the withdrawal request. PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated August 28, 2008, requesting this item be withdrawn from consideration, without prejudice. Staff stated they were supportive of the withdrawal request. September 18, 2008 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-8380-A 2 There was no further discussion of the item. The chair entertained a motion for placement of the item on the consent agenda for withdrawal. The motion carried by a vote of 6 ayes, 0 noes and 5 absent. September 18, 2008 ITEM NO.: 8 FILE NO.: Z-8385 NAME: 2105 South Taylor Street Short-form PD-R LOCATION: Located at 2105 South Taylor Street DEVELOPER: George Dumbrava 2000 Central Avenue Hot Springs, AR 71901 ENGINEER: Laha Engineering 6602 Baseline Road, Suite E Little Rock, AR 72209 AREA: 0.17 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: R-3, Single-family ALLOWED USES: Single-family residential PROPOSED ZONING: PD-R PROPOSED USE: Duplex and Garage apartment VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: The applicant is requesting to rezone the site from R-3, Single-family to PD-R to allow three residential units on the site with individual utility meters. The applicant is proposing two units within the main structure and the third unit within a garage apartment located in the rear yard area. Parking for the units is proposed within the front yard area and two spaces off the alley. B. EXISTING CONDITIONS: The structure is currently undergoing renovations. To the north is a vacant lot and to the south a single-family home. The alley is a functioning alley with a September 18, 2008 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-8385 2 number of the homes taking rear access from the alley to parking pads and garages located behind the primary structure. The area is predominately single-family. South of the site is the UALR campus. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area property owners. All property owners located within 200 feet of the site, all residents, who could be identified, located within 300 feet and the Oak Forest Neighborhood Association were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. South Taylor Street is classified on the Master Street Plan as a residential street. A dedication of right-of-way 25 feet from centerline will be required. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer is available to this property. Entergy: Approved as submitted. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Fire Department: Place and install fire hydrants per code. Contact the Little Rock Fire Department for additional information. 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 I-630 Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for a rezoning from R-3, Single-family to Planned Residential Development to September 18, 2008 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-8385 3 allow the existing structure to become a triplex utilizing individual utility meters for the units. The Land Use Plan for this area was just reviewed for the Oak Forest Neighborhood Action Plan Update, and this is just one lot of higher density surrounded by single family. The review is using the Planned Zoning District process to assure compatibility. This request does not require a change to the Land Use Plan. Master Street Plan: South Taylor and West 21st Streets are 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 shown in the immediate vicinity. Neighborhood Action Plan: This area is covered by the Oak Forest Neighborhood Plan. One objective of the Housing Goal section states: “Promote Oak Forest neighborhoods as residential neighborhoods to UALR staff and students, local businesses, and governmental agencies.” This application would provide more housing for the community. Landscape: 1. The site plan must comply with the City’s landscape and buffer ordinance requirements. 2. Any/all parking areas must comply with the City’s landscape and buffer ordinances. 3. The zoning buffer ordinance requires a minimum of six foot, nine inch (6’-9”) wide land use buffer along the northern and southern property lines. Seventy percent (70%) of this area is to remain undisturbed. 4. The landscape ordinance requires a six foot nine inch wide (6’-9”) landscape strip along the property lines where parking is proposed. A variance from the City Beautiful Commission must be granted for any reduction and must be approved prior to the issuance of a building permit. 5. The property to the north and south are zoned residential; therefore, 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 both the southern and the northern perimeters of the site. September 18, 2008 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-8385 4 6. The zoning buffer ordinance requires the placement of a street buffer with a minimum width of nine feet along South Taylor Street. G. SUBDIVISION COMMITTEE COMMENT: (August 28, 2008) The applicant was present. Staff presented an overview of the development stating there were few outstanding technical issues associated with the request. Staff requested the applicant provide the proposed parking plan. Staff also stated the City did not have a case file indicating a history of the site being more than one unit. Staff requested the applicant provide documentation indicating multiple units if the site had a previous history as a duplex or triplex. Public Works comments were addressed. Staff stated a right of way dedication of 25 feet from centerline would be required. Landscaping comments were addressed. Staff stated landscaping of any new parking areas would be required consistent with the Landscape Ordinance requirements. Staff also stated screening would be required along the northern and southern perimeters. 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 August 28, 2008, Subdivision Committee meeting. A total of four parking spaces have been indicated on the site plan. The applicant has not provided staff with documentation of the site’s history as a multi-unit structure. The applicant is seeking a rezoning of this site from R-3, Single-family to PD-R to allow an existing single-family residence to be converted into a duplex and an existing structure located off the alley to be converted into a garage apartment resulting in three units on this lot. The site plan indicates the placement of four parking spaces on the site. Two of the spaces are located within the front yard area and two accessed from the alley. The stalls located on the alley are less than the 20 foot typical stall depth and have been indicated for compact automobiles. A screening fence is proposed between the proposed parking and the adjacent single-family house located to the south. No other screening is proposed. Staff is not supportive of the request. Staff does not feel three units is appropriate for this site. The applicant has indicated the site has a history of multiple units but staff cannot find any indication the structure was used for September 18, 2008 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-8385 5 anything other than single-family in the past. The area is predominately single-family with the more intense zoning and uses located south of West 28th Street. Staff feels the home should remain single-family. I. STAFF RECOMMENDATIONS: Staff recommends denial of the request as filed. PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008) Mr. George Dumbrava was present representing the request. There were registered objectors present. The Chair informed Mr. Dumbrava that the Commission’s policy was when there were eight or fewer Commissioners present the applicant was offered a deferral of the item to a future meeting. Chairman Taylor stated the reason was an item took six affirmative votes to move the item forward with a positive recommendation. He stated of the Commissioners present Commissioner Laha was going to recuse because of his involvement with the site plan. The Chair stated there were seven voting Commissioners present with Commissioner Laha recusing. Mr. Dumbrava stated he wished to defer. Staff stated the date of public hearing would be October 30, 2008. There was no further discussion of the item. The chair entertained a motion for deferral of the item to the October 30, 2008, public hearing. The motion carried by a vote of 7 ayes, 0 noes 3 absent and 1 recusal (Commissioner Laha). September 18, 2008 ITEM NO.: 9 FILE NO.: Z-8386 NAME: Tract 2 Asbury Acres Short-form PD-R LOCATION: Located in the 800 Block of Kirby Road DEVELOPER: Randy James 10 Otter Creek Parkway, Suite A Little Rock, AR 72210 ENGINEER: McGetrick and McGetrick Engineers 10 Otter Creek Parkway, Suite A Little Rock, AR 72210 AREA: 0.93 acres NUMBER OF LOTS: 5 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family ALLOWED USES: Single-family residential PROPOSED ZONING: PD-R PROPOSED USE: Patio home single-family subdivision VARIANCES/WAIVERS REQUESTED: A variance from the Subdivision Ordinance to allow a 25-foot front building line along Kirby Road. A. PROPOSAL/REQUEST: The project consists of 0.93 acres, located on the east side of Kirby Road, just north of Kanis Road. The development is proposed as a residential subdivision containing five lots and one tract with an average lot size of 6,210 square feet. The residential lots are proposed with a five-foot side yard setback and 15-foot rear yard setback. The developer is requesting a 25-foot setback adjacent to Kirby Road. This is a variance from the Subdivision Ordinance, which typically requires the placement of a 30-foot building line adjacent to a collector street (Section 36-256(1)). The development will be accessed via a 45-foot access and utility easement extending from Kirby Road with the Tract containing a September 18, 2008 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-8386 2 turn-around for services and emergency vehicles. The development is proposed with a six-foot brick and wood fence located along Kirby Road. The homes are proposed as single story homes. Two building footprints are proposed. One footprint contains 1,800 square feet and the second 2,200 square feet. Both footprints include 400 square feet designated for garages. B. EXISTING CONDITIONS: Kirby Road is a narrow two-lane road with open ditches for drainage. The site is wooded and appears to be relatively flat. South of the site is a warehouse building and north of the site is Chenal Adult Daycare facility. East of the site is vacant property zoned PRD, which has expired, and was approved for a patio home single-family residential development. The area is predominately single-family with a few churches located north of the site. The area south of the site at the intersection with Kanis Road on the east side was recently approved for an office, commercial and mini-warehouse development and on the west side a convenience store was recently approved by the Courts. 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, the Parkway Place Neighborhood Association and the Spring Valley Manor Property Owners Association were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Kirby Road is classified on the Master Street Plan as a collector street. A dedication of right-of-way 30 feet from centerline will be required. 2. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to Kirby Road including 5-foot sidewalks with the planned development. The new back of curb should be located 18 feet from the centerline. 3. All driveways shall be concrete aprons per City ordinance. 4. Storm water detention will not apply to the proposed development since the site is less than one acre. September 18, 2008 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-8386 3 5. Measures to control additional storm water drainage should be implemented to not cause damage onto adjacent property from the increased impervious surface. 6. 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). 7. No residential waste collection service will be provided on private streets unless the property owners association provides a waiver of damage claims for operations on private property. 8. 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. 9. 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. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required with easements. Contact Little Rock Wastewater Utility for additional information. Entergy: Approved as submitted. 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. A water main extension and fire hydrant will be required in order to provide service to this property. A Capital Investment Charge based on the size of connection(s) will apply to this project in addition to normal charges. Fire Department: Place and install fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. September 18, 2008 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-8386 4 F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Ellis Mountain Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for a rezoning from R-2, Single-family to Planned Residential Development to allow five patio style single family homes. The application is within the recommended density of the Land Use Plan and is single family construction. The request does not require a change to the Land Use Plan. Master Street Plan: Kirby Road is shown as a Collector. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class III bike route is shown along Kirby Road. A Class III bikeway is a signed route on a street shared with traffic. No additional paving or right-of-way is required. Class III bicycle route signage may be required. Neighborhood Action Plan: This area is covered by the Rock Creek Neighborhood Plan. The Residential and Community Goal states: “Support a continuous progression of intensity from single-family and multi-family in newly developing areas, placing the multi-family as a buffer between single-family and non-residential uses.” It also states: “Encourage large lot single family development in the area.” Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (August 28, 2008) Mr. Pat McGetrick was present. Staff presented an overview of the development stating there were additional items necessary to complete the review process. Staff requested Mr. McGetrick provide details of the proposed signage. Staff also requested Mr. McGetrick provide details of the proposed construction materials and building elevations. Staff stated if trash collection was to take place along Kirby Road the site plan should include the location along with an easement. Public Works comments were addressed. Staff stated dedication of right of way 30 feet from centerline was required along Kirby Road. Staff also stated street improvements to Kirby Road were required per the Master Street Plan. Staff September 18, 2008 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-8386 5 stated the storm water detention ordinance would not apply to development of the site but requested the developer take measures to not cause damage to adjacent properties. Staff stated a grading permit was required prior to any site grading or tree clearing on the site. 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: Mr. McGetrick provided staff with a revised site plan addressing most of the issues raised at the August 28, 2008, Subdivision Committee meeting. Mr. McGetrick has provided details of the proposed signage, construction materials and building elevations. The plan also indicates garbage collection will be provided at each individual lot and the property owners association will sign the required waiver to allow for collection on this private drive. The lots are proposed as 45-feet in width and 137.8 feet in depth for an average lot size of 6,201 square feet. The lots are indicated with a five-foot side yard setback and a fifteen-foot rear yard setback. The private drive is included within the front building setback. The homes will be constructed with a 47.5-foot front building line from the northern property line resulting in a 7.5 foot building line from the proposed private street. A private drive is proposed to serve the new homes extending from Kirby Road. The drive is proposed as 25-feet in width with a “hammerhead” turn-around located on the eastern most parcel identified as Tract A. The site plan states garbage collection will be provided at each unit. A waiver of damage claims will be provided to allow operation of City owned vehicles on private streets. Tract A contains an area identified as common open space. This common open space area contains 2,100 square feet or 19 percent of the total site area. Each of the individual lots contains 2,000 square feet of private one space or 32 percent of the total lot area. Open space requirements contained within the development standards of the PZD ordinance states a minimum of ten (10) to fifteen (15) percent of gross planned residential district (PRD) areas are to be designated as common usable open space. In addition, single-family, duplex, zero-lot-line and townhouse developments must have a minimum of five hundred (500) square feet of usable private open space per unit. The homes are proposed to be constructed of brick with some siding. The roof pitch proposed is a maximum of 12/12. The site plan indicates the homes will be single story with the option of a basement. The homes will range in size from 1,800 to 2,200 square feet including 400 square feet for a garage. Interior fencing is proposed consistent with fencing typically allowed in single-family residential zones. A perimeter fence is not proposed. Fencing is proposed along Kirby Road. The material of the fence is wood with brick columns. September 18, 2008 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-8386 6 Subdivision signage is proposed to identify the proposed development. The sign is proposed consistent with signage typically allowed in residential zones. The sign will be placed within the fence and will not exceed thirty-two square feet in area as typically allowed in residential zones. Signage will be placed on each side of the drive. One sign location is typical allowed. The development is a single-family patio home development constructed consistent with densities allowed in single-family zones. Staff is supportive of the request. Staff feels the development offers a housing style different than is readily available in the nearby neighborhoods. To staff’s knowledge there are no outstanding issues associated with the request. Staff does not feel the construction of five new single-family homes at this location will adversely impact the area. I. STAFF RECOMMENDATIONS: 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. Staff recommends approval of the variance request from the Subdivision Ordinance to allow a 25-foot front building line adjacent to Kirby Road. PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated September 16, 2008, requesting a deferral of this item to the October 30, 2008, public hearing. Staff stated the deferral request would require a waiver of the Commission’s by-laws with regard to the late deferral request. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The chair entertained a motion for the waiver of the Commission’s by-laws with regard to the late deferral request. The motion carried by a vote of 6 ayes, 0 noes and 5 absent. The chair entertained a motion for placement of the item on the consent agenda for deferral. The motion carried by a vote of 6 ayes, 0 noes and 5 absent. September 18, 2008 ITEM NO.: 10 FILE NO.: Z-8387 NAME: Hick’s Short-form POD LOCATION: Located at 209 North Pierce Street DEVELOPER: Andrew Hicks Architects P.O. Box 2597 Little Rock, AR 72221 SURVEYOR: Donald Brooks Surveying 20820 Arch Street Pike Hensley, AR 72095 AREA: 0.18 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: O-3, General Office District ALLOWED USES: General Office PROPOSED ZONING: POD PROPOSED USE: O-3, General Office District and Single-family VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: The request is to rezone the site from O-3, General Office District to POD to allow a mixed use residential and office use on the site. The existing building was originally constructed in 1982 as a single story 1,100 square foot single-family residence on a residential lot measuring 50 feet by 162.5 feet containing 8,125 square feet. The property was subsequently rezoned to O-3, General Office District and the rear yard was paved to provide a parking lot for an office use. The applicant is proposing an addition to the existing home with a maximum area of 1,800 square feet. A portion of the 2nd floor will span over an open parking area for 3 cars, a “carport”. The addition will be at the rear of the property and will observe the four-foot side yard setback and the 25-foot rear September 18, 2008 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-8387 2 yard setback required adjacent to residential per the Mid-town Overlay. The new development will provide one building with a maximum of 2,900 square feet. The ratio of building to land will be at most 2.9/8.125. The applicant proposes the continued use of the driveway and rear parking lot. Some small portion of the paving will be removed or added as required to conform to the new addition. Landscaping will be added to meet the requirements of the Mid-town Overlay. The existing building being very flat featured will also have a small addition at the front to create a new entry feature and to make the building more appealing from the street. The one vehicle entry and exit to the site will remain on the southwest corner of the site, onto North Pierce Street. The developer is requesting the placement of a six-foot wood fencing at the rear of the property along the original alley side and along the north and south sides to approximately 25 feet from the right of way. Portions of an existing chain link fence will be maintained for security at the rear. Two mature trees located at the rear of the property will be removed to make way for the addition. The remaining trees on the site will be maintained. B. EXISTING CONDITIONS: There are a mixture of uses in the area including commercial, office, single-family residential and multi-family. East, North and South of this site are multi-unit apartment developments. West of the site is the Mid-Town shopping center. At the intersection of North Pierce Street and West Markham is a retirement center. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received one informational phone call from an area property owners. All property owners located within 200 feet of the site, all residents, who could be identified, located within 300 feet and the Hillcrest Residents Association were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Due to the proposed use of the property, the Master Street Plan specifies that North Pierce Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. September 18, 2008 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-8387 3 2. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 3. All driveways shall be concrete aprons per City ordinance and constructed per Public Works details PW-33 or PW-34. The current driveway obstructs the storm water drainage in the gutter. 4. Measures to control additional storm water drainage should be implemented to not cause damage onto adjacent property from the increased impervious surface. 5. 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. Storm water detention will not apply to the proposed development. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this property. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Fire Department: Place and install fire hydrants per code. Contact the Little Rock Fire Department for additional information. 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 Heights/Hillcrest Planning District. The Land Use Plan shows Multi Family for this property. The applicant has applied for a rezoning from O-3, General Office District to Planned Office District to allow the existing structure as a residence and an office for the applicant’s use. September 18, 2008 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-8387 4 The request does not require a change to the Land Use Plan. Master Street Plan: North Pierce Street is a Local Street. The primary function of a Local Street is to provide access to adjacent properties. Local Streets, which are abutted by non-residential zoning/use or more intensive zoning than duplexes, are considered as “Commercial Streets”. These streets have a design standard the same as a Collector. Bicycle Plan: There are no bike routes in the immediate vicinity. Neighborhood Action Plan: This area is covered by the Hillcrest Neighborhood Plan. Their zoning and land use goal states: ” Adopt a plan of action to stop the degradation, to reverse its course, and to recreate a neighborhood that is one again a pleasant place to work and live. This includes no net loss of residential units by demolition or conversion to other uses.” This rezoning would allow for a new office use while preserving the single-family use. Landscape: 1. The zoning buffer ordinance requires a minimum of six foot, nine inch (6’-9”) wide land use buffer between this site and property to the east. Seventy percent (70%) of this area is to remain undisturbed. 2. The landscape ordinance requires a six foot nine inch wide (6’-9”) landscape strip along the northern and southern perimeters of the site. The City Beautiful Commission must approve any variation to the landscape ordinance requirements prior to the issuance of a building permit. 3. The property to the east is zoned residential; therefore, 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 eastern perimeter of the site. 4. The zoning buffer ordinance requires the placement of a street buffer along North Pierce Street 9.75 feet from the new property line. G. SUBDIVISION COMMITTEE COMMENT: (August 28, 2008) Mr. Andrew Hicks was present. Staff presented an overview of the development stating there were few outstanding technical issues associated with the request. Staff requested Mr. Hicks provide the proposed building elevation for the new structure. Staff also questioned if the new eastern most building would be one or two story. Staff stated the site was located within the Mid-town Design Overlay September 18, 2008 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-8387 5 District. Staff stated the signage typically allowed per the Overlay was a maximum height of six feet and a total sign area of 24 square feet. Public Works comments were addressed. Staff stated a right of way dedication of 30 feet from centerline was required with the proposed development. Staff also stated all driveways were to be concrete aprons per city ordinance. Staff stated the current driveway obstructed the storm water drainage in the gutter and was to be reconstructed to eliminate this impediment. Staff stated all curb and gutter or sidewalk that was damaged was required to be replaced prior to the issuance of the certificate of occupancy. Landscaping comments were addressed. Staff stated the zoning buffer ordinance required the placement of a land use buffer along the eastern perimeter a minimum of six feet nine inches. Staff also stated the landscape ordinance required the placement of a six foot nine inch landscape strip along the northern and southern perimeters where adjacent to the drive or parking. Staff stated the current paving along the south extended to the property line. Staff stated for this to remain, a variance from the City Beautiful Commission was required. 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 August 28, 2008, public hearing. The applicant has provided the proposed building elevation, the proposed signage plan and the right of way dedication for North Pierce Street. The applicant has also indicated a variance from the City Beautiful Commission will be sought to allow a variation from the Landscape Ordinance requirements. The applicant is proposing utilization of the existing structure as an office and the addition of 1,800 square feet of living space, a portion of which is to be constructed over a parking pad. The new residence will be attached at roof level and will be connected via an unenclosed breezeway. The revised plan indicates three parking spaces located within the rear yard area. The office use will utilize 1,100 square feet of the total square footage of the building. The site is located within the Mid-town Design Overlay District which addresses parking. The maximum parking allowed per the Overlay is the minimum established by Article VIII of the Zoning Ordinance. The site would September 18, 2008 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-8387 6 typically be required two spaces for the office and one space for the residence. The parking as proposed is consistent with the typical Overlay standards. The structure is proposed as two-story with a maximum building height of 35-feet. All site lighting is to be low level and directional, directed downward and into the site. There will not be a dumpster utilized on the site. The hours of operation are typical office hours or from 8:00 am to 6:00 pm daily. The signage is proposed consistent with signage allowed in the Overlay. The sign is proposed within the front yard landscaped area. The sign will be a maximum of six feet in height and twenty-four square feet in area. The proposed building setback along the northern perimeter will match the existing residence. The rear yard setback is proposed 25 feet from the eastern property line as established by the Mid-town Design Overlay District ordinance. The site plan indicates a note concerning fencing. A six-foot wood fence will be added along the southern and eastern property lines. Screening will be placed along the northern perimeter as required. The request includes a variation from the City’s typical buffer ordinance requirements. Along the southern perimeter, the site is paved to the property line. This area is the existing drive accessing the rear yard parking area. The applicant is requesting to maintain this existing paving eliminating the landscape and buffer strip in this area. Based on the location of the existing home there is not sufficient area to remove the paving to provide the typical landscape strip of six feet nine inches required by both the buffer and landscape ordinance and maintain rear yard access. Staff is supportive of the reduced buffer. The applicant must seek approval from the City Beautiful Commission to allow the reduced landscape strip in this area. Along the northern perimeter the applicant is also requesting a reduction in the landscape strip. The applicant is proposing to remove the existing paving adjacent to the proposed parking area and provide a four-foot landscape strip. The proposed strip is not adequate to meet the typical ordinance standards of the buffer or landscape ordinance. Staff is supportive of the applicant’s proposal to allow a reduced buffer in this area. The City Beautiful Commission must approve a reduction in the typical standard established by the Landscape Ordinance prior to the Board of Directors acting on this request. Staff is supportive of the request. The site is located within an area covered by the Midtown Design Overlay District, which is intended to encourage compatible residential and non-residential uses. The Overlay primarily deals with new construction. The site is the utilization of an existing structure with an addition to September 18, 2008 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-8387 7 the rear of the new structure. The entryway of the existing home will be reworked to add visual interest along the street side. No other modifications are proposed within the front yard area. The site is currently zoned O-3, General Office District which does not allow the residential component. The rezoning to POD will allow the architectural office to occupy a portion of the space and the residential component to occupy the remaining square footage. The request includes the allowance of O-3, General Office District uses as alternative allowable uses for the property. To staff’s knowledge there are no outstanding technical issues associated with the request. Staff feels the utilization of this site with a mixed-use office and residential development will not significantly impact the development or the area. I. STAFF RECOMMENDATIONS: 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. Staff recommends approval of the reduction in the buffer ordinance requirements along the northern and southern perimeters. Staff recommends the landscape ordinance variances be reviewed by the City Beautiful Commission prior to the item being forward to the Board of Directors for final action. PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff also presented a recommendation of approval for a reduction in the buffer ordinance requirements along the northern and southern perimeters. Staff presented a recommendation the landscape ordinance variance request be reviewed by the City Beautiful Commission prior to the item being forward to the Board of Directors for final action. 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 6 ayes, 0 noes and 5 absent.